RFQ NO. 7570722Q00034 - MOBILE MAMMOGRAM.docx

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MOBILE MAMMOGRAM SERVICES - ALBUQUERQUE SERVICE UNIT
Solicitation number
75H70722Q00034
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This is a request for quotation from the Indian Health Service seeking proposals for mobile mammogram services to support health centers in Albuquerque, New Mexico. The solicitation requests offerors to provide mobile units at three sites—the Albuquerque Indian Health Center, Zia Health Clinic, and Santa Ana Health Center—to perform up to 45 exams per day for an annual contract with the potential for four one-year extensions. Proposals are due by March 25, 2022 and must guarantee pricing for the initial one-year base period. The award will be a firm-fixed-price purchase order made to an offeror registered in the System for Award Management. Invoices must be submitted electronically through the Invoice Processing Platform.

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SECTION 1 - SERVICES AND PRICES/COSTS

1.1SERVICES
1.1.1The Indian Health Service (IHS)/Albuquerque Area Office (AAO), Albuquerque Service Unit (ASU) has a requirement for Mobile Mammogram Services for the Albuquerque Indian Health Center located in Albuquerque, New Mexico, Santa Ana Health Center located in Bernalillo, NM, and Zia Health Center located in Zia Pueblo, NM.
1.2PRICE OR COST
This will result in one Firm-Fixed-Price (FFP) purchase order.
1.3GENERAL CONTRACT INFORMATION
1.3.1This is a non-personal health care service contract, as defined in Federal Acquisition Regulation (FAR) 37.401, under which the contractor is an independent contractor. The Government may evaluate the quality of professional and administrative services provided, but retains no control over the medical, professional aspects of services rendered (e.g., professional judgments, diagnosis for specific medical treatment). The contractor indemnifies the Government for any liability producing act or omission by the contractor, its employees and agents occurring during contract performance. The contract must maintain medical liability insurance. Coverage amount acceptable to the Contracting Officer, which is not less than the amount normally prevailing within the local community for the medical specialty. The contract is required to ensure that its subcontract for provisions of health care services contain the requirement of the Clause 52.237-7, including the maintenance of medical liability insurance.
1.3.2As an independent Contractor; billing and collecting for the federal, state and other local city/county taxes is the burden of the Contractor, this includes the Colorado Gross Receipt Taxes (COGRT) for services provided in any county of the State of Colorado.
1.3.3The Contractor's price/cost for services under this contract should include all applicable taxes for Internal Revenue Service (IRS), State of Colorado Taxation and Revenue agency and/or other revenue agencies. The Indian Health Service will not withhold taxes nor will it issue a W-2 to the contractor.
1.3.4FINGERPRINTING REQUIREMENTS FOR SECURITY AND SUITABILITY:
"Prior to start of services specified by the contract scope of work, the Contractor must contact Warren Cheromiah, at Telephone No. (505) 256-6749, AAO, Division of Contracts and Grants, to schedule an appointment to complete the fingerprinting process required by the IHS regulations pertinent to security and character background investigations."
1.4CONTRACT PRICE
1.4.1This will result in a Firm-Fixed Price (FFP) purchase order.
1.4.2Upon delivery and acceptance of the item(s) specified in the DELIVERY Article in SECTION F of this contract, the Government shall pay to the Contractor resulting from the awarded contract price.
1.4.3The Contractor shall be paid upon submission of an invoice and completion and acceptance (if deliverable) or verification (if service) by the Contracting Officer's Representative (COR), of the deliverables and/or services indicated below. Submit invoices in accordance with the instructions contained in FAR clause 52.232-25, Prompt Payment, and Section G.2 of this contract.

SCHEDULE OF CHARGES

Item #
Contract Period
Description of Services
Total Amount
CLIN 1
Base Year: 06/01/22 – 05/31/23
AIHC: $_________/flat fee per day x 2 days/month x 12 months/year =

ZHC: $_________/flat fee per day x 2 days/year = SAHC: $_________/flat fee per day x 2 days/year = $_________/year (total of all 3 locations)

CLIN 2
First Option Year: 06/01/23 – 05/31/24
AIHC: $_________/flat fee per day x 2 days/month x 12 months/year =

ZHC: $_________/flat fee per day x 2 days/year = SAHC: $_________/flat fee per day x 2 days/year = $_________/year (total of all 3 locations)

CLIN 3
Second Option Year: 06/01/24 – 05/31/25
AIHC: $_________/flat fee per day x 2 days/month x 12 months/year =

ZHC: $_________/flat fee per day x 2 days/year = SAHC: $_________/flat fee per day x 2 days/year = $_________/year (total of all 3 locations)

CLIN 4
Third Option Year 06/01/25 – 05/31/26
AIHC: $_________/flat fee per day x 2 days/month x 12 months/year =

ZHC: $_________/flat fee per day x 2 days/year = SAHC: $_________/flat fee per day x 2 days/year = $_________/year (total of all 3 locations)

CLIN 5
Fourth Option Year: 06/01/26 – 05/31/27
AIHC: $_________/flat fee per day x 2 days/month x 12 months/year =

ZHC: $_________/flat fee per day x 2 days/year = SAHC: $_________/flat fee per day x 2 days/year = $_________/year (total of all 3 locations)

GRAND TOTAL:
$_________/year
AIHC = ALBUQUERQUE INDIAN HEALTH CENTER
ZHC = ZIA HEALTH CLINIC
SAHC = SANTA ANA HEALTH CENTER

SECTION 2 – DEFINITIONS:

2.1Acceptance: As stated in FAR, subpart 46.5, Constitutes acknowledgement that the supplies or services conform to the applicable contract quality and quantity requirements and subject to other terms and conditions of the contract.
2.2Approval: Acknowledgment by the designated Government official that submittals, deliverables, or administrative documents (e.g., insurance certificates, installation schedules, planned utility interruptions, etc.) conform to the contractual requirements. Government approval does not relieve the Contractor from responsibility for compliance with contract requirements.
2.3Area: A defined geographical region for Indian Health Service administrative purposes. Each Area Office may administer several Service Units.
2.4Blanket Purchase Agreement (BPA): is a simplified method of filling anticipated repetitive needs for supplies or services.
2.5Business Associate (BA): Any company or person that shown to, handles, or works with the data or medical records of the medical entity.
2.6Business Associate Agreement (BAA): A BAA is a contract between a HIPAA-covered entity and a HIPAA BA. The contract protects personal health information (PHI) in accordance with HIPAA guidelines.
2.7Contract: This is a legal binding document between the Government and the Contractor.
2.8Contractor: The individual award a legal binding contract to provide supplies and services.
2.9Contracting Officer (CO): A Government employee with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings.
2.10Contracting Officer's Representative (COR): A federal employee who assists the CO in the administration of this contract. The COR is primarily responsible for the technical assistance and day-to-day program management.
2.11Customer: Patients, staff and visitors of an IHS service unit and health center.
2.12Customer Evaluation/Input: Written comments made to the COR regarding the Contractors performance. This is one of the criteria used to evaluate the Contractor's performance.
2.13Federal Acquisition Regulation (FAR): The FAR is the primary regulation for use by all Federal Executive agencies in their acquisition of supplies and services with appropriated funds.
2.14Health Clinics/Center: A facility physically separated from a hospital, with a full range of ambulatory services including at least primary care providers, nursing, laboratory, and x-ray, which are available at least 40 hours a week for outpatient care.
2.15Non-Personal Services: A contract under which the personnel rendering the services are not subject, either by the contract's terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees, as defined in FAR 37.401
2.16Ordering Activity: An authorized user of IHS that may issue a purchase order to obtain required services under this contract.
2.17Orientation: An activity designed to provide basic familiarization of the facility and transition into the IHS Service Unit and/or Health Center.
2.18Past Performance Information: Relevant information regarding a contractor's actions under previously awarded contracts.
2.19Patient Outcome: End result of pharmaceutical care.
2.20Performance Based Matrix: Lists the services and the standards to be applied.
2.21Personal Protective Equipment (PPE): The equipment used to protect medical personnel from exposure to biological, chemical, and radioactive hazards.
2.22Point of Contact: Person other than the COR or the Alternate COR
2.23Quality Assurance Surveillance Plan (QASP): A written document prepared and used by the government for Quality Assurance surveillance of the contractor's performance.
2.24Service Unit: The local administrative unit of IHS.
2.25Standards of Practice and Standards of Care: Authoritative statements by which it describes the responsibilities for which its practitioners are accountable.
2.26Technical Direction: A directive to the Contractor that approves approaches, solutions, designs, or refinements; fills in details or otherwise completes the general description of work or documentation items; shifts emphasis among work areas or tasks; or furnishes similar instruction to the Contractor.
2.27Valid Patient Complaint: Justifiable accusation made by a patient and supported by investigation.
2.28Verifiable Emergency: An unexpected/unplanned absence by the contractor requiring valid documentation to confirm the occurrence.

SECTION 3 – GOVERNMENT-FURNISHED PROPERTY AND SERVICES:

3.1 Information: Government unique information related to this requirement, which is necessary for Contractor performance, made available to the Contractor.

SECTION 4 – CONTRACTOR-FURNISHED ITEMS

4.1 Except for the property specified in Section G, Contractor will supply all other items as required to carry out the services.

SECTION 5 – STATEMENT OF WORK (SOW)

5.1 MOBILE MAMMOGRAM SERVICES

This statement describes the requirements for a Mobile Mammogram Screening service to support the mission of the Albuquerque Area of the Indian Health Service (IHS). The Contractor shall furnish all management, supervision, labor, transportation, equipment, supplies, quality controls, and incidentals necessary to provide mobile mammograms.

Location:

-The contractor shall provide an on-site mobile unit for mammogram screening exams. Mobile unit requires a parking space on government property at the Albuquerque Service Unit, Zia Health Clinic and Santa Ana.

-The contractor’s mobile unit shall be properly registered, insured, and in operable condition for scheduled days at the following sites:

1. Albuquerque Indian Health Center

2. Zia Health Clinic

3. Santa Ana

Background Information:

The Albuquerque Indian Health Service has a requirement for mammogram screening services for eligible women to meet the criteria of the United States Preventive Services Task Force (USPSTF). Currently ASU does not have the equipment with Mammography Quality Standard Act Requirements (MQSA) Certification, or Accreditation by FDA and ACR necessary to perform mammograms. The contractor must abide by the safe workplace policies.

Schedule of Services:

-The base year for this contract is 06-01-2022 to 05-31-2023, with four Option years.

-Requested services are 2 days a month at ASU, 2 days per year at Zia Health Clinic, 2 days per year at Santa Ana to be agreed upon by IHS, contractor and scheduled in advance.

-A copy of the schedule is provided to all as needed including the COR.

-Changes to the schedule must be approved and sent to all needed parties.

-The fee is a flat per day rate with up to 45 exams scheduled each day.

-This daily cost is inclusive of all necessary labor, materials, equipment, supplies, permits, licenses, New Mexico Gross Receipt Tax, and transportation costs to provide mobile on-site mammogram services.

Delivery of Services:

-Site events are scheduled 2 weeks or more in advance.

-The site will fax a log of the schedule to the contractor with patient name, date of birth, referring provider, and any prior exams on CD if possible.

-The contractor provides a list of no-shows to the site contact at the end of the day. The contractor will ensure patients do not receive an invoice for the visit.

-At end of event, the radiologist receives the encrypted images for interpretation. Reports are faxed to the site contact within 7 business days.

-The radiologist uses the ACR BI-RAD system for reporting. Abnormal reports are faxed immediately. If there is a need for supplement exams such as ultrasound, the patient is referred to the contractor site to insure the radiologist can compare and read the exam in conjunction with the mammogram.

Quality Control:

Equipment for digital mammography is MQSA and FDA inspected on a yearly basis, with adherence to ACR practice guidelines for quality control. Technologists Mammographers maintain certification to perform mammogram exams. Radiologists are board certified and provide documents to meet State and Federal requirements.

5.2Work Schedule:
5.2.1Work Shift: Requested services are 2 days a month at ASU, 2 days per year at Zia Health Clinic, 2 days per year at Santa Ana to be agreed upon by IHS, contractor and scheduled in advance.
5.2.3Scheduling of Shifts: The COR or POC at the IHS facility will determine specific tour of duty. The contractor's employee must work 100% of the contracted hours.
5.2.4Work Flexibility: As directed by the COR, the Contractor's employee must rotate into other duty sections as needed to support patient care.
5.2.5Work Absence: The Contractor will perform and obtain approval of the COR and Alternate COR prior to any absence from work. If the length of the absence exceeds working hours the Contractor must request from agency approval at least fifteen (15) days, (the exception is verifiable emergencies) in advance of the desired absence.
5.2.6The Contractor must perform and maintain documentation from a qualified health care provider for absences of three (3) or more consecutive days, due to illness, stating:
5.2.6.1The cause of the current illness or incapacitation AND
5.2.6.2Indicating the Contractor as contagious or non-contagious.
5.2.6.3The Government reserves the right to examine and or re-examine any Contractor who meets the criteria.
5.3Performance Evaluation:
5.3.1The Contractor must possess and maintain a current, active, full, and unrestricted license or registration as a Physician Assistant from a State, the District of Columbia, the Commonwealth of Puerto Rico, or a territory of the United States.
5.3.2The Contractor will be responsible for make sure Heart Association BLS as required.
5.3.3The Contractor will be responsible for making sure all charting is update as required.
5.4The contractor will perform work with multicultural patients and interpreters as necessary for non-English speaking patients.
5.5Conduct: The Contractor must perform standards as listed in the Federal Code of Conduct.
5.6Conditions of Contract Services: All Podiatrists’ providing service under this contract must attend mandatory orientations specified by the IHS.
5.6.1The contractor must be subject to character investigation as required by Public Law 101-360, the Indian Health Child Protection and Family Violence Prevention Act prior to performance of a contract by utilizing the US Office of Personnel Management (OPM), Electronic Questionnaire for Investigation Processing (eQIP) system and this shall include all fingerprinting procedures and clearances. The contractor must provide all requested information necessary to perform Level I and Level II background checks. The contractor must comply with the requirement to obtain security investigations. The contractor must work with the IHS to ensure that the pre-employment screening process includes the appropriate investigation questionnaires and forms to be completed within 7 business day of receipt. Failure to abide by this 7 business day submission timeframe will result in termination of your contract under 52.249-1 Termination for Convenience of the Government (Fixed Price) Short Form (April 1983). The contractor will review all completed forms and forward onto the Government personnel. The contractor will be immediately removed from the position (at any time the investigation receives unfavorable adjudication, or, if other unfavorable information that would affect the investigation becomes known.
5.6.2Identification of Contractor: The Contractor must wear a government issued contractor identification badge during performance of duty. After 120 day’s PIV cards are issued at the Service Unit.
5.6.3Management of Medical Information: The Contractor must manage all patient information in accordance with HIPAA standards, Privacy Act, and IHS Service Unit and/or Health Center specific policies and protocols. The Contractor must immediately report to the Contracting Officer or COR any information or circumstances that may violate any statute, policy, or procedure.
5.6.4IHS Information Technology Systems: In performance of this contract, the Contractor must adapt to and successfully utilize IHS information technology systems such as Electronic Health Records (EHR) or RPMS, which the IHS has deemed necessary for acceptable contractor performance. The IT policies and procedures are available to the Contractor at the Service Unit and the Contractor will adhere to the IHS Information Technology System Security Policies and procedures. The Contractor must follow all appropriate federal required information Technology security requirements and will be operating under Health Insurance Portability and Accountability (HIPAA) and Privacy Act regulations.
5.7.CONTRACTOR QUALIFICATION REQUIREMENTS:
5.7.1Professional Development:
-Applicant must possess a current, active, full and unrestricted license or registration as a Physician from a State, the District of Columbia, the Commonwealth of Puerto Rico, or a territory of the United States.
-Contractor must maintain credentialing and privileges at Southern Colorado Ute Service Unit.
-Contract must have a valid Driver’s License.
-Must submit current immunizations as required by the SCUSU immunization policy.

5.7.2 Motor Vehicle Operator's License: Contractors will not operate any Government-Owned vehicles. If required, they allowed only as passengers in the Government-Owned Vehicle driven by a Federal employee.

5.7.3Health Requirements of Contracted Healthcare Providers: Furnish documentation that reflects immunity for the indicated vaccine preventable diseases through documented disease, vaccination history, serology results, and/or any documented episodes of adverse events after vaccination. Any contractor’s employee who is allergic to a component of a vaccine and/or have a history of a severe reaction to a vaccine is not required to receive that vaccine with documented proof of contraindication to the vaccination. The following are additional requirements for specific vaccine preventable diseases.
•Measles:
-Vaccinations with 2 doses of live measles or MMR vaccines administered at least 28 days apart,
-Laboratory evidence of immunity,
-Laboratory confirmation of disease, or
-Birth before 1957.
•Mumps:
-Vaccinations with 2 doses of live mumps or MMR vaccines administered at least 28 days apart,
-Laboratory evidence of immunity,
-Laboratory confirmation of disease, or
-Birth before 1957.
•Rubella:
-Vaccinations with 1 dose of live rubella or MMR vaccines administered at least 28 days apart,
-Laboratory evidence of immunity,
-Laboratory confirmation of disease, or
-Birth before 1957
•Hepatitis B:
-Vaccinations with three doses of Hepatitis B vaccines, or
-signed declination of Hepatitis B vaccination series.
•Varicella:
-Vaccinations with two doses of varicella at least 4 weeks apart,
-laboratory evidence of immunity or confirmation of disease,
-diagnosis or verification of history of varicella disease by a health care provider, or
-diagnosis or verification of a history of herpes zoster by a health care provider.
•Influenza:
-Vaccination with one dose of current annual influenza season vaccine.
-Documented proof of the contraindication to the influenza vaccination as outlined by Advisory Committee on Immunization Practices recommendations, or
-Written statement justifying religious exemption from influenza vaccination.
Note: unvaccinated contract staff with an approved medical or religious exemption must wear an IHS-provided surgical or similar mask when working in patient care areas or other areas frequented by patients in an IHS facility during the influenza season.
•Pertussis
-Vaccination with one dose of Tdap vaccine.
•Any additional immunization in accordance with IHS Immunization Policy that is available upon request.
The contract staff must have written documentation of TB test (TST or IGRA) within the last 12 months. If documented Positive TB test:
-Provide chest x-ray report of “No active TB disease” following positive TB test.
-Annual sign and symptoms screen:
•If negative sign and symptom screen, follow up chest x-ray not indicated.
•If signs and symptoms screen positive, contract staff must have written documentation of chest x-ray and health care provider evaluation.
For credentialed provider contract staff they must have documentation from the provider’s physician or chief of staff that confirms they do not have any health problems (including disability, emotional stability, drug, or alcohol dependency) that might impair his/her ability to care for patient at time of application.
5.7.4Criminal History Background Check:
Contractor’s employees whose duties and responsibilities involve regular contact or control over children are subject to a character investigation as required by Public Law 101-630, The Indian Child Protection and Family Violence Act. The minimum standards of character shall ensure that none of the individuals described in this order have been found guilty of, or entered a plea of nolo contendere or guilty to, any felonious offense, or any of two or more misdemeanor offenses, under federal, state, or tribal law involving crimes of violence; sexual assault, molestation, exploitation, contact or prostitution; crimes against persons; or offenses committed against children. These crimes do not hold a time statue and will be evaluated the same under any Child Care “CNACI” investigation with IHS. IHS will conduct these investigations following award of a contract. Until the character investigation has been completed and the Contracting Officer notified of the results, the Contractor‘s employees must not have unsupervised contact with Indian children. Contractor’s employees are not able to work a scheduled shift until the security check is performed and clearance has been obtained by the appropriate agency. At a minimum, fingerprints are required, and upon clearance of this stage, a contractor’s employee may work a scheduled shift. However, Contractor’s employees are required to complete the detailed background application and the application is to be completed within 30 days once the contractor’s employee has been given physical and logical access. All Contractors’ employees are subject to criminal background check prior to performing services in accordance with Purchase Order terms and conditions. The contractor shall ensure that each of their employees complete the Certification of Criminal History and Background Check Packet. The completed forms are to be returned to the COR. Additional Background Check packets can be obtained through the COR. See HHSAR Clauses 352.237-72 and 352.237-73
5.7.5Required Training: Protecting Children from Sexual Abuse as stated in IHM Circular 19-05: Contracting Training Plan for Implementation of Indian Health Manual Part 3, Chapter 20, Protecting Child from Sexual Abuse by Health Care Providers. Each provider must take this training within 30 days from their start date at the service unit. Certificate should be provided to the COR.
5.7.6Subpoenas/Testimonies: Contractors are mandated to cooperate with the appropriate IHS managers when the contractors' employees are subpoenaed or requested by Tribal, State or Federal Parties to provide testimony as stated in Section 5-27.3(B)(9) of the Indian Health Manual.
5.9When the Contractor demonstrates impaired judgement, they cannot continue working on the Task or Purchase Order. The Government reserves the right to remove from the facility any Contractor employee who in the judgment of a licensed healthcare practitioner is impaired.
6.1APPLICABLE DOCUMENTS:
6.1.1Please see the web link listed below:
6.1.2List of Attachments:
6.1.3Exhibits:
Mobile Mammogram ServicesSolicitation No. 75H70722Q00034 Page 2 of 34
Albuquerque Service Unit

SECTION 6 0 QUALITY ASSURANCE SURVEILLANCE PLAN

Performance-Based Task
Indicator
Standard
Quality Assurance
Incentives
1. Manage patient needs for the Urgent Care and Outpatients Units.
All patients’ needs are being meet during each visit.
Outstanding – 100% of patient needs are being meet per visit.

Acceptable – 80 to 99% of patient needs are being meet per visit.

Satisfactory – 65 to 80% of patient needs are being meet per visit.

Monitored on a periodic basis when services occur. Final determination will happen when job is completed.
Outstanding. Means there are no issues so payments processed promptly.

Acceptable. Means there are some issues so payment are on hold until issues cleared.

Satisfactory – Means there are too many issues and payment not processed until they are at the level of either Satisfactory or Outstanding.

2. Provide Standard RN duties such as routine patient and emergency care.
Standard nursing duties are be used.
Outstanding – 100% of standard nurse duties are being meet per visit.

Acceptable – 80 to 99% of standard nurse duties are being meet per visit.

Satisfactory – 65 to 80% of standard nurse duties are being meet per visit.

Monitored on a periodic basis when services occur. Final determination will happen when job is completed.
Outstanding. Means there are no issues so payments processed promptly.

Acceptable. Means there are some issues so payment are on hold until issues cleared.

Satisfactory – Means there are too many issues and payment not processed until they are at the level of either Satisfactory or Outstanding.

3. Maintain the American Heart Association BLS certification.
Certifications are current.
Outstanding – 100% of certifications have been update as required.

Acceptable – 80 to 99% of certifications have been update as required.

Satisfactory – 65 to 80% of certifications have been update as required.

Monitored on a periodic basis when services occur. Final determination will happen when job is completed.
Outstanding. Means there are no issues so payments processed promptly.

Acceptable. Means there are some issues so payment are on hold until issues cleared.

Satisfactory – Means there are too many issues and payment not processed until they are at the level of either Satisfactory or Outstanding.

4. Complete all required documentation in the EHR.
All patients record are routinely update per visit.
Outstanding – 100% of all charting completed per visit.

Acceptable – 80 to 99% of all charting completed within 3 days after patient visits.

Satisfactory – 65 to 80% of all charting completed within 5 days after patient visits.

Monitored on a periodic basis when services occur. Final determination will happen when job is completed.
Outstanding. Means there are no issues so payments processed promptly.

Acceptable. Means there are some issues so payment are on hold until issues cleared.

Satisfactory – Means there are too many issues and payment not processed until they are at the level of either Satisfactory or Outstanding.

SECTION 7 - PACKAGING AND MARKING

7.1PACKAGING
All deliverables shall be preserved, packaged, and packed in accordance with normal commercial practices to meet the packing requirements of the carrier including which is necessary to prevent deterioration and damages due to the hazards of shipping, handling, and storing.
7.2MARKING
Each package/container delivered to the address shown in Section G.1.3 entitled "Contracting Officers' Representative Appointment and Authority" and shall be clearly marked as follows:
•Name of Contractor
•Contract Number
•Description of Items Contained Therein
•Consignee's Name and Address
7.3DELIVERY
All deliverables delivered to the following addresses:
Albuquerque Indian Health Center
801 Vassar Drive NE
Albuquerque, NM 87106
(505) 248-4000
Santa Ana Health Center
Santa Ana Pueblo
O2-C Dove Road
Bernalillo, NM 87004
(505) 867-2497
Zia Health Clinic
155 Capitol Square Drive
Zia Pueblo, NM 87053
(505) 867-5258

SECTION 8 - INSPECTION AND ACCEPTANCE

8.1INSPECTION AND ACCEPTANCE: All work under this contract is subject to inspection and final acceptance by the Contracting Officer or the duly authorized representative of the government. The COR, as a duly authorized representative of the Contracting Officer, shall assume the responsibilities for monitoring the Contractor's performance, evaluating the quality of services provided by the Contractor and performing final inspection and acceptance of all deliverables and services called for by the contract.
8.2FEDERAL ACQUISITION REGULATION {48 CFR CHAPTER 1) CLAUSES
FAR Clause No.
Title
Date
52.246-4
Inspection of Services – Fixed Priced
(Aug 1996)

SECTION 9 - DELIVERIES OR PERFORMANCE

9.1PERIOD OF PERFORMANCE: The period of performance is a period of one base year plus four option years. The Government may exercise options to extend the period of performance in accordance with FAR Clause 52.217-9 - Option to Extend the Term of the Contract (Oct 2014); upon written notification by the Contracting Officer within 30 days of contract expiration.
9.1.1These dates are subject to change and typically services under this contract shall commence NLT 10 days after all clearances occur.
Base: 06/01/22 – 05/31/23
1st Option Year: 06/01/23 – 05/31/24
2nd Option Year: 06/01/24 – 05/31/25
3rd Option Year: 06/01/25 – 05/31/26
4th Option Year: 06/01/26 – 05/31/27
9.1.2Performance must be for the period of 06/01/22 – 05/31/23 unless the period changed by written modification to the purchase order in accordance with FAR 52.217-9, Option to Extend the Term of the Contract.
9.1.3Total contract award must not exceed five years. Based option year renewals on satisfactory services provided availability of funds for the appropriate fiscal year, and existing requirements.
9.2PLACE OF PERFORMANCE: The contractor must provide Mobile Mammogram Services to the following Albuquerque Service Unit Indian Health Service Facilities:
9.2.1Albuquerque Service Unit, including:
Albuquerque Indian Health Center
801 Vassar Drive NE
Albuquerque, NM 87106
(505) 248-4000
Santa Ana Health Center
Santa Ana Pueblo
O2-C Dove Road
Bernalillo, NM 87004
(505) 867-2497
Zia Health Clinic
155 Capitol Square Drive
Zia Pueblo, NM 87053
(505) 867-5258
9.3GOVERNMENT HOLIDAYS (https://www.federalpay.org/holidays)
New Year's DayMartin Luther King's Birthday
President's DayMemorial Day
Independence DayLabor Day
Columbus DayVeteran's Day
Thanksgiving DayChristmas Day
*Any other day specifically declared by the President of the United States to be a national holiday (see www .opm.gov/fedhol).

SECTION 10 - CONTRACT ADMINISTRATION

10.1AUTHORITIES OF GOVERNMENT PERSONNEL: Notwithstanding the Contractor's responsibility for total management during the performance of this Contract, the administration of the Contract will require maximum coordination between the Government and the Contractor. The following individuals will be the Government's points of contact during the performance of this Contract.
10.2CONTRACTING OFFICER
The IHS Contracting Officer (CO) is the only individual authorized to modify this Contract. The CO responsible for administrative and contractual issues concerning this Contract is:
Eric Wright, (CO)
Indian Health Service/Division of Contracts & Grants Management (DCGM)
4101 Indian School Road NE, Suite 225
Albuquerque, NM 87110
Phone: 505-256-6752
Email: Eric.Wright@ihs.gov
Sent all communications pertaining to contractual and/or administrative matters to the address above and to the Contract Specialist administering this Contract.
10.3CONTRACTING OFFICER'S REPRESENTATIVE (COR)
10.3.1Ernest Nakamura, (505) 248-4000, Ernest.Nakamura@ihs.gov, is hereby designated as COR for this service. The COR responsibilities will be to coordinate with the contractor the technical aspects of this service and the review of performance hereunder. The COR does not have the authority to change or alter the order amount, terms and conditions.
10.3.2The COR’s responsibilities will include ensuring contractor accountability. Monitoring the Contractor’s technical progress including the surveillance and assessment of performance and recommending to the CO changes in requirements. Interpreting the PWS. Performing technical evaluations as required. Perform technical inspection and acceptance as required. Assisting the Contractor in the resolution of technical problems encountered during performance. Perform receiving and processing invoices for payment.
10.4TECHNICAL MONITORING
(a)Performance of work under this contract must be subject to the technical direction of the COR identified above, or designated in writing. The term "technical direction" includes, without limitation, direction to the Contractor that directs or redirects the labor effort. Shifts the work between work areas or locations, fills in details and otherwise serves to ensure that task areas outlined in the PWS accomplished satisfactorily.
(b)Technical direction must be within the scope of the specification(s)/work statement. The COR does not have authority to issue technical direction that
(1)Constitutes a change of assignment or additional work outside the specification(s)/ statement of work;
(2)Constitutes a change as defined in the clause entitled "Changes;"
(3)In any manner causes an increase or decrease in the contract price, or the time required for contract performance;
(4)Changes any of the terms, conditions, or specification(s)/work statement of the contract;
(5)Interferes with the Contractor's right to perform under the terms and conditions of the contract; or
(6)Directs, supervises or otherwise controls the actions of the Contractor's employees.
(c)Technical direction may be oral or in writing. The COR shall confirm oral direction in writing within five workdays, with a copy to the Contracting Officer.
(d)The Contractor shall proceed promptly with performance resulting from the technical direction issued by the COR. If, in the opinion of the Contractor, any direction of the COR, or his designee, falls within the limitations in (b), above, the Contractor shall immediately notify the CO no later than the beginning of the next Government work day.
(e)Failure of the Contractor and the CO to agree that technical direction is within the scope of the contract shall be subject to the terms of the clause entitled "Disputes."
10.5INVOICE SUBMISSION
10.5.1The Contractor shall submit invoices once per month or more frequently as required. Advance payments will not be issued by Finance unless stated herein. Electronically sent via e-mail complete invoice with all required documentation to:*
10.5.1.1Contracting Officer's Representative (COR): Ernest Nakamura
10.5.1.2Albuquerque IHS Finance Office, ALB AOAPinvoices@ihs.gov
* Please do not sent to the CS or Finance Office any other invoice related documents such as deliverables, reports or balance statements). Failure to submit required documents directly to the offices listed above will delay prompt payment of your invoice.
10.5.2For invoices submitted by email, the subject line of your email invoice submission shall contain the Contractor's name, DUNS and TIN numbers, contract number, and invoice and invoice number (e.g. Company Name, Contract No. 75H70722xxxxxx, Invoice #123). The Contractor shall send one email per contract monthly. The email may have multiple invoices for the contract. Invoices accepted in one of these formats: PDF, TIFF, or Word only (no Excel formats). The electronic file cannot contain multiple invoices; example, 10 invoices requires 10 separate files (PDF, TIFF, or Word).
10.5.3Additionally, the Contractor is required to include its Data Universal Numbering System (DUNS) number on each invoice. For additional information about the Dun & Bradstreet (D&B) DUNS number, please visit http://fedgov.dnb.com/webform.
10.5.4Submit invoices in accordance with the contract terms, i.e. payment schedule, progress payments, partial payments, deliverables, etc.
10.5.5All information set forth in FAR Clause 52.212-4(g), Invoice, must be included in all invoices for it to constitute a proper invoice.
FAR 52.212-4(g) Invoice.
(1)The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—
(i)Name and address of the Contractor;
(ii)Invoice date and number;
(iii)Contract number, line item number and, if applicable, the order number;
(iv)Description, quantity, unit of measure, unit price and extended price of the items delivered;
(v)Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of landing;
(vi)Terms of any discount for prompt payment offered;
(vii)Name and address of official to whom payment is to be sent;
(viii)Name, title, and phone number of person to notify in event of defective invoice; and
(ix)Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.
(x)Electronic funds transfer (EFT) banking information.
(A)The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.
(B)If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.
(C)EFT banking information is not required if the Government waived the requirement to pay by EFT.
(2)Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.
(3) Per the Accounts Payable Office, failure to submit invoices to the Department of Accounting Services can result in delayed payment of your invoice.
10.5.6In accordance with OMB Memorandum, M-11-32; Agencies shall make payments to small businesses as soon as practicable, with the goal of making payments within 15 days of receipt of a proper invoice. For a small business contractor not paid within this (15 day) accelerated period, the contractor will not be given a late-payment interest penalty. Interest penalties, as prescribed by the Prompt Payment Act, remain unchanged by means of this memorandum. All small businesses shall label all invoices as "Small Business."
10.5.7Additionally, in accordance with OMB Memorandum, M-12-16, fill prime contractors are encouraged to disburse funds received from the Federal Government to their small business subcontractors in a prompt manner. To assist prime contractors in expediting contractor payments to small business subcontractors, Agencies shall, to the full extent permitted by law, temporarily establish an earlier, accelerated date for making agency payments to all prime contractors. Consistent with OMS Memorandum M-11-32 above, Agencies shall have a goal of paying all prime contractors within 15 days of receiving proper documentation. In an effort to support small business growth, drive economic activity and job creation, the Contractor is encouraged to accelerate payments to their small business subcontractors.
10.5.8In accordance with the requirements of the Debt Collection Improvement Act of 1996, all payments under this contract will be made by electronic funds transfer (EFT). The Contractor shall provide financial institution information to the Finance Office designated above in accordance with FAR 52.232-33 Payment by Electronic Funds Transfer - Central Contractor Registration.
10.5.9Failure to submit directly to the offices listed above will delay prompt payment of your invoice.
10.6GOVERNMENT FURNISHED PROPERTY
10.6.1The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property used and maintained by the Contractor in accordance with provisions of FAR Clause 52.245-1, Government Property (found in Section ##).
Item No
Property Description
Property Value
Qty.
Location
Date Available
1
Computer

Upon Arrival

2
Telephone

Upon Arrival

3
Desk/Chair

Upon Arrival

4
PIV Card

Upon Arrival

10.7Government Furnished Information / Property and Services
10.7.1Information: Government unique information related to this requirement, which is necessary for Contractor performance, made available to the Contractor. The COR will be the point of contact for identification of any required information to be supplied by the Government.
10.7.2Joint Use by the Government and the Contractor: Except for the property and service listed in 10.7.1, the Government will provide, for joint use by the Government and the Contractor, all necessary equipment, supplies, and clinic space to perform the services under this contract.
10.7.3Contractor Exclusive Use:
10.7.3.1Personal Protective Equipment (PPE): The Government will furnish the Contractor with appropriate PPE other than specified in the contract. The Government will be responsible for any repair, cleaning, and inventory required for the PPE. This does not include any type of uniform or laboratory coat.
10.7.3.2The Government will provide facility specific contractor identification badges for each contractor. For lost or destroyed badges, there is a minimum charge of $20.00.
10.7.3.3Training: Facility specific orientation/training necessary for the Contractor to perform the required duties, e.g., IHS information technology (IT) systems and operational procedures. Training provided ONLY if the subject matter is necessary to improve or enhance the quality of services or includes mandates made by the IHS Service Units/Health Centers while the providers are working under this contract. Training not provided for the purpose of continuing education, career development or individual development.
10.8Contractor Furnished Property
10.8.1Except for the property specified in paragraph 10.9.3 as government furnished, the Contractor shall provide all uniforms and other personal medical instruments subject to the following:
10.8.2Uniforms and Lab Coats: Uniforms and Lab Coats must conform to the requirements of the Indian Health Service Manual, Part 3, and Chapter 4 and meet the approval of the Chief Nurse Executive at each IHS facility.
10.8.3Other personal medical instruments: "Other personal medical instruments" defined, as Contractor owned items include but not limited to stethoscope, scissors, as appropriate to the work unit. The Contractor must not use unsafe equipment or supplies at any time during performance of this contract. All Contractor furnished equipment and supplies shall be subject to inspection by the Government and must be approved by the COR prior to use by the Contractor. The Government reserves the right to prohibit the use of any materials, supplies, or equipment.

SECTION 11 - SPECIAL CONTRACT REQUIREMENTS

11.1CONTRACTOR PERFORMANCE EVALUATION REPORT
11.1.1During the life of this contract, the contractor's performance will be evaluated on an interim and final basis pursuant to FAR Subpart 42.15. Evaluation will become part of the contract file and will be used as past performance information in evaluating the Contractor's, and any significant subcontractors or affiliates, past performance on future contracts.
11.1.2Contractor Performance Assessment Report System (CPARS) is an on-line reporting system https://www.cpars.gov/. The Contractor Performance Report is completed by the COR electronically and sent to the Contractor for review and approval at the end of each performance period as an interim report and at the end of the contract performance as a final report. After review by the Contracting Officer, the report becomes a permanent record of the Contractor's past performance.
11.2SECURITY
a.To perform the work specified herein, contractor personnel will require access to sensitive data, regular access to HHS-controlled facilities, and/or access to HHS information systems. The Government has determined the position sensitivity under this effort to be Level 1.
b.To gain access to the sensitive data, HHS-controlled facilities, and/or HHS information systems, the Contractor shall comply with Homeland Security Presidential Directive 12, Policy for a Common Identification Standard for Federal Employees and Contractors, and with the personal identity verification and investigation procedures obtained in:
(i)HHS Information Security Program Policy, http://www.hhs.gov/ocio/securityprivacy/
(ii)HHS Office of Security and Drug Testing, personnel Security/Suitability Handbook, http://www.hhs.gov/ocio/policy/hhs-ocio-2011-0003.html
(iii)Reserved
(iv)HHS HSPD-12 Implementation Policy (draft)
c.The minimum Government investigation for a non-critical sensitive position is a National Agency Check and Inquiries (with fingerprinting), which consists of searches of records covering specific areas of a person's background during the past five years. Those inquiries are sent to current and past employers, schools attended, references, and local law enforcement authorities. More restricted positions, above non-sensitive, require more extensive documentation and investigation.
d.Contractors should ensure that the employees whose names they submit have a reasonable chance for access approval. Delays associated with rejections and consequent reinvestigations may not be excusable.
e.Typically, the Government investigates personnel at no cost to the Contractor, but the expense of multiple investigations for the same position is difficult to justify. Consequently, multiple investigations for the same position may, at the Contracting Officer's discretion, justify reduction(s) in the Contract price of no more than the cost of the extra investigation(s).
f.Language similar to this Security section shall be included in any Sub-Contracts which require Sub-Contractor personnel to have access to an information system, access to sensitive data, regular or prolonged access to a HHS-controlled facility, or any combination of these three.
g.Inquiries, including requests for forms and assistance, should be directed to the Contracting Officer or his/her designee, listed in the Contract.
h.Within seven (7) calendar days after final acceptance of the work specified herein, the Contractor shall return all identification badges to the Contracting Officer or his/her designee.
11.3REFERENCES: The work performed under this contract will assist the IHS in better meeting legislative mandates and associated implementation guidance from OMS, HHS, NIST, and US Cert. Statutes and Acts generally applicable to IHS security include, but are not limited to the following:
•Health Information Technology for Economic and Clinical Health Act
•Federal Information Security Management Act (FISMA), part of the E-Government Act of 2002 (Public Law 107-347, Title Ill).
•OMB Circular A-130 and Appendix Ill, Security of Federal Automated Information Resources
•OMB Circular A-11, Preparing, Submitting, and Executing the Budget
•Presidential Decision Directive 63 (POD 63)
•NIST Special Publications - 800 Series
11.4IDENTIFICATION AND DISPOSITION OF DATA, REPORTS, AND OTHER DELIVERABLES
A.The Contractor not permitted to make use of any data derived from these services for any purpose not directly related to and/or authorized by the Albuquerque Area Indian Health Service. All patient data/information are subject to the Privacy Act and the Confidentiality of Information Clause (HHSAR 352.224-70)
B.Upon completion/termination of the contract, all information, statistical or analytical material or reports and other data generated by the Contractor shall become the property of the Albuquerque Area Indian Health Service.
C.The Contractor is prohibited from gathering data, statistics, or use of material for publication and/or research for its own benefits. Obtain prior approval before dissemination of information from the Government Contracting Officer for the release or dissemination of information related to this contract.
11.5ADDITIONAL REQUIREMENTS CONCERNING DATA, DATA RIGHTS AND COMPUTER SOFTWARE
11.5.1Notwithstanding any other clause concerning data, data rights and computer software and hardware under this Contract. All data produced, recorded, transferred or manipulated under this Contract shall remain the exclusive property of the Government irrespective or the manner or method of recording or storage and no matter what form of computer mechanism used in the processing of said information or data. The Government shall retain exclusive right and domain over any by-product produced under this Contract, or any other use of the data produced under this Contract by either plan or accident.
11.5.2Copies of the final Reports and Deliverables under each task must officially sent to the Indian Health Service and kept on file by the Contractor. At the end of the contract, all files must be kept by the Contractor for audit purposes.

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