SOW Pharmacist _IDIQ 2024.docx

Statement of Work (SOW) Pharmacy Services

1. GENERAL:

0. Services Provided: The Contractor shall provide Pharmacy services for the Standing Rock Service Unit (SRSU) Indian Health Service (IHS) at the Fort Yates Hospital (FYH), Fort Yates, ND or the McLaughlin IHS Clinic in McLaughlin, SD. The Pharmacist will provide services on site in accordance with the specifications contained herein to beneficiaries of the IHS.

0. Contractor employees shall not be considered government employees for any purpose under this contract.

0. Period of Performance and locations(s):

1.3.1 The Contractor shall perform as directed herein in accordance with the frequencies for pharmacy services for the:

Services will be performed during the period of:

· Base Year: 05.01.2024 to 04.30.2025

· Option Year 1: 05.01.2025 to 04.30.2026

· Option Year 2: 05.01.2026 to 04.30.2027

· Option Year 3: 05.01.2027 to 04.30.2028

· Option Year 4: 05.01.2028 to 04.30.2029

0. Place of Performance - Contractor shall furnish services at the FYH:

3. 10 Standing Rock Ave, Fort Yates, ND 58538. (Fort Yates, ND Hospital)

3. 701 East 6th Street McLaughlin 57642 (McLaughlin, SD Clinic)

0. Policy/Handbooks: the contractor shall be subject to the following policies, including any subsequent updates during the period of performance:

4. – IHS Manual – “IHS” Chapter 7”

4. - Health Information Management and Health Records

4. - Privacy Act of 1974 (5 U.S.C. 552a) as amended

0. Definitions/Acronyms- Terms used in this contract shall be interpreted as follows unless the context expressly requires a different construction and/or interpretation. In case of a conflict in language between the Definitions and other sections of this contract, the language in this section shall govern.

5. BLS: Basic Life Support

5. CDC: Centers for Disease Control and Prevention

5. CDR: Contract Discrepancy Report

5. CEU: Certified Education Unit

5. CME: Continuing Medical Education

5. CMS: Centers for Medicare and Medicaid Services

5. Contracting Officer (CO) – The person executing this contract on behalf of the Government with the authority to enter into and administer contracts and make related determinations and findings.

6. Contract Specialist (CS) – The person who is administering the contract on behalf of the Contracting Officer.

5. Contracting Officer’s Representative (COR) – A person appointed by the CO to take necessary action to ensure the Contractor performs in accordance with and adheres to the specifications contained in the contract and to protect the interest of the Government. The COR shall report to the CO promptly any indication of non-compliance in order that appropriate action can be taken.

5. COS: Chief of Staff

5. CPARS: Contractor Performance Assessment Reporting System

5. Credentialing: Credentialing is the systematic process of screening and evaluating qualification and other credentials, including licensure, required education, relevant training and experience and current competence and health status.

5. DEA: Drug Enforcement Agency

5. FSMB: Federation of State Medical Boards

5. HHS: Department of Health and Human Services

5. HIPAA: Health Insurance Portability and Accountability Act

5. HR: Human Resources

5. ISO: Information Security Officer

5. National Provider Identifier (NPI): NPI is a standard, unique 10-digit numeric identifier required by HIPAA. The Veterans Health Administration must use NPIs in all HIPAA-standard electronic transactions for individual (health care practitioners) and organizational entities (medical centers).

5. Non-Contract Provider - any person, organization, agency, or entity that is not directly or indirectly employed by the Contractor or any of its subcontractors

5. NP: Nurse Practitioner

5. NPPES: National Plan and Provider Enumeration System

5. POP: Period of Performance

5. PPD: Purified Protein Derivative

5. Privileging (Clinical Privileging): Privileging is the process by which a practitioner, licensed for independent practice; e.g., without supervision, direction, required sponsor, preceptor, mandatory collaboration, etc.; is permitted by law and the facility to practice independently, to provide specific medical or other patient care services within the scope of the individual’s license, based upon the individual’s clinical competence as determined by peer references, professional experience, health status, education, training and licensure. Clinical privileges must be facility-specific and provider-specific.

5. QASP: Quality Assurance Surveillance Plan

5. SOW: Statement of Work

5. VISTA (Veterans Integrated Systems Technology Architecture): A PC based system that will capture and store clinical imagery, scanned documents and other non-textual data files and integrates them into patient’s medical record and with the hospital information system.

1. QUALIFICATIONS:

1. Staff/Facility

0. License - Contract pharmacist assigned by the Contractor to perform the services covered by this contract shall have a current license to practice pharmacy in any State, Territory, or Commonwealth of the United States or the District of Columbia. SPECIAL NOTE: All licenses held by the personnel working on this contract shall be full and unrestricted licenses. Contract pharmacist who has current, full and unrestricted licenses in one or more states, but who have, or ever had, a license restricted, suspended, revoked, voluntarily revoked, voluntarily surrendered pending action or denied upon application will not be considered for the purposes of this contract.

0. Certification - All pharmacist must have current Basic Life Support (BLS). All continuing education courses required for maintaining certification must be kept up to date at all times. Documentation verifying current certification shall be provided by the Contractor to the IHS Credentialing Coordinator on an annual basis for each year of contract performance.

0. Technical Proficiency - Contract pharmacist shall be technically proficient in the skills necessary to fulfill the government’s requirements, including the ability to speak, understand, read and write English fluently. Contractor shall provide documents upon request of the CO/COR to verify current and ongoing competency, skills, certification and/or licensure related to the provision of care, treatment and/or services performed. Contractor shall provide verifiable evidence of all educational and training experiences including any gaps in educational history for all pharmacist and contract pharmacists shall be responsible for abiding to all pharmacy policy and procedures.

0. Training (BLS, EHR and IHS MANDATORY): Contractor shall meet all IHS educational requirements and mandatory course requirements defined herein; all training must be completed by the contract pharmacist as required by the IHS. BLS, EHR, IHS Privacy and Information Security Awareness and Rules of Behavior, IHS Privacy and HIPPA, and Prevention of Workplace Harassment/No Fear, and others as requested.

0. Standard Personnel Testing (PPD, etc.): Contractor shall provide proof of the PPD and following testing for pharmacists within five (5) calendar days after contract award and prior to the first duty shift. Tests shall be current within the past year.

4. TUBERCULOSIS TESTING: Contractor shall provide proof of a negative reaction to PPD testing for all contract pharmacist. A negative chest radiographic report for active tuberculosis shall be provided in cases of positive PPD results. The PPD test shall be repeated annually.

4. RUBELLA TESTING: Contractor shall provide proof of immunization for all contract pharmacist for measles, mumps, rubella or a rubella titer of 1.8 or greater.

4. COVID TESTING: Contractor shall provide proof of immunization for all contract pharmacist for COVID or an acceptable waiver can be substituted.

4. OSHA REGULATION CONCERNING OCCUPATIONAL EXPOSURE TO BLOODBORNE PATHOGENS: Contractor shall provide generic self-study training for all contract pharmacist; provide their own Hepatitis B vaccination series at no cost to the IHS if they elect to receive it; maintain an exposure determination and control plan; maintain required records; and ensure that proper follow-up evaluation is provided following an exposure incident. The IHS shall notify the Contractor of any significant communicable disease exposures as appropriate. Contractor shall adhere to current CDC/HICPAC Guideline for Infection Control in health care personnel (as published in American Journal for Infection Control- AJIC 1998; 26:289-354 http://www.cdc.gov/hicpac/pdf/InfectControl98.pdf) for disease control. Contractor shall provide follow up documentation of clearance to return to the workplace prior to their return.

0. National Provider Identifier (NPI): NPI is a standard, unique 10-digit numeric identifier required by HIPAA. The IHS must use NPIs in all HIPAA-standard electronic transactions for individual (health care practitioners) and organizational entities (medical centers). The Contractor shall have or obtain appropriate NPI and if pertinent the Taxonomy Code confirmation notice issued by the Centers for Medicare and Medicaid Services (CMS) National Plan and Provider Enumeration System (NPPES) be provided to the Contracting Officer with the proposal.

0. Conflict of Interest: The Contractor and all contract pharmacist are responsible for identifying and communicating to the CO and COR conflicts of interest at the time of proposal and during the entirety of contract performance. At the time of proposal, the Contractor shall provide a statement which describes, in a concise manner, all relevant facts concerning any past, present, or currently planned interest (financial, contractual, organizational, or otherwise) or actual or potential organizational conflicts of interest relating to the services to be provided. The Contractor shall also provide statements containing the same information for any identified consultants or subcontractors who shall provide services. The Contractor must also provide relevant facts that show how it’s organizational and/or management system or other actions would avoid or mitigate any actual or potential organizational conflicts of interest.

0. Citizenship related Requirements:

7. The Contractor certifies that the Contractor shall comply with any and all legal provisions contained in the Immigration and Nationality Act of 1952, as Amended; its related laws and regulations that are enforced by Homeland Security, Immigration and Customs Enforcement and the U.S Department of Labor as these may relate to non-immigrant foreign nationals working under contract or subcontract for the Contractor while providing services to IHS patient referrals.

7. While performing services for the IHS, the Contractor shall not knowingly employ, contract or subcontract with an illegal alien; foreign national non-immigrant who is in violation their status, as a result of their failure to maintain or comply with the terms and conditions of their admission into the United States. Additionally, the Contractor is required to comply with all “E-Verify” requirements consistent with “Executive Order 12989” and any related pertinent Amendments, as well as applicable Federal Acquisition Regulations.

7. If the Contractor fails to comply with any requirements outlined in the preceding paragraphs or its Agency regulations, the IHS may, at its discretion, require that the foreign national who failed to maintain their legal status in the United States or otherwise failed to comply with the requirements of the laws administered by Homeland Security, Immigration and Customs Enforcement and the U.S Department of Labor, shall be prohibited from working at the Contractor’s place of business that services Indian Health Service patient referrals; or other place where the Contractor provides services to American Indian/Alaskan Natives who have been referred by the Indian Health Service; and shall form the basis for termination of this contract for breach.

7. This certification concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under 18 U.S.C. 1001.

7. The Contractor agrees to obtain a similar certification from its subcontractors. The certification shall be made as part of the offeror’s response to the RFP.

1.0.8. Annual Office of Inspector General (OIG) Statement: In accordance with HIPAA and the Balanced Budget Act (BBA) of 1977, the Department of Health and Human Services (HHS) Office of Inspector General (OIG) has established a list of parties and entities excluded from Federal health care programs. Specifically, the listed parties and entities may not receive Federal Health Care program payments due to fraud and/or abuse of the Medicare and Medicaid programs.

8. Therefore, Contractor shall review the HHS OIG List of Excluded Individuals/Entities on the HHS OIG web site at http://oig.hhs.gov/exclusions/index.asp to ensure that the proposed contract pharmacist is not listed. Contractor should note that any excluded individual or entity that submits a claim for reimbursement to a Federal health care program, or causes such a claim to be submitted, may be subject to a Civil Monetary Penalty (CMP) for each item or service furnished during a period that the person was excluded and may also be subject to treble damages for the amount claimed for each item or service. CMP’s may also be imposed against the Contractor that employ or enter into contracts with excluded individuals to provide items or services to Federal program beneficiaries.

8. By submitting their proposal, the Contractor certifies that the HHS OIG List of Excluded Individuals/Entities has been reviewed and that the Contractors are and/or firm is not listed as of the date the offer/bid was signed.

1. Non-Personal Healthcare Services: The parties agree that the Contractor and all contract pharmacist shall not be considered IHS employees for any purpose.

1. Inherent Government Functions: Contractor and Contract pharmacist shall not perform inherently governmental functions. This includes, but is not limited to, determination of agency policy, determination of Federal program priorities for budget requests, direction and control of government employees (outside a clinical context), selection or non-selection of individuals for Federal Government employment including the interviewing of individuals for employment, approval of position descriptions and performance standards for Federal employees, approving any contractual documents, approval of Federal licensing actions and inspections, and/or determination of budget policy, guidance, and strategy.

1. No Employee status: The Contractor shall be responsible for protecting Contract pharmacist furnishing services. To carry out this responsibility, the Contractor shall provide or certify that the following is provided for all their staff providing services under the resultant contract:

3. Workers’ compensation

3. Professional liability insurance

3. Health examinations

3. Income tax withholding, and

3. Social security payments.

1. Tort Liability: The Federal Tort Claims Act does not cover Contractor or contract pharmacist. When a Contractor or contract pharmacist has been identified as a provider in a tort claim, the Contractor shall be responsible for notifying their legal counsel and/or insurance carrier. Any settlement or judgment arising from a Contractor’s (or contract pharmacist) action or non-action shall be the responsibility of the Contractor and/or insurance carrier.

1. Key Personnel:

5. The IHS Full Time Equivalency (FTE) for the services currently required is for up to 2.0 FTE for a total of 4160 for 1 year. FTE is defined by IHS as a minimum of 80 hours every two weeks and does not include holidays. Reduction/Additional Pharmacist services may be required based on needs of service.

5. It is essential that continuity of services is maintained to the maximum degree possible, hence, substitution of contractor provided pharmacist shall be limited to urgent/emergent absences of approved, assigned providers. The Contractor shall be responsible for providing coverage to the IHS during periods of vacancies of the Contractor’s personnel due to sick leave, personal leave, vacations and additional coverage as required.

1. Personnel Substitutions: During the first ninety (90) calendar days of performance, the Contractor shall make NO substitutions of key personnel unless the substitution is necessitated by illness, death or termination of employment. The Contractor shall notify the CO, in writing, within 15 calendar days after the occurrence of any of these events and provide the information required below. After 90 days, the Contractor shall submit the information required below to the CO at least 15 calendar days prior to making any permanent substitutions.

6. The Government reserves the right to refuse acceptance of any Contractor personnel at any time after performance begins, if personal or professional conduct jeopardizes patient care or interferes with the regular and ordinary operation of the facility. Breaches of conduct include intoxication or debilitation resulting from drug use, theft, patient abuse, dereliction or negligence in performing directed tasks, or other conduct resulting in formal complaints by patient or other staff members to designated Government representatives. Standards for conduct shall mirror those prescribed by current federal personnel regulations. Should the IHS Clinical Director, Chief Pharmacist, COS or designee show documented clinical problems or continual unprofessional behavior/actions with any contract pharmacist, s/he may request, without cause, immediate replacement of said contract pharmacist.

6. The CO and COR shall deal with issues raised concerning Contract pharmacist conduct. The final arbiter on questions of acceptability is the CO.

1. Contingency Plan: Because continuity of care is an essential part of IHS FYH’s medical services, The Contractor shall have a contingency plan in place to be utilized if the contract pharmacist leaves Contractor’s employment or is unable to continue performance in accordance with the terms and conditions of the resulting contract.

1. HOURS OF OPERATION

2. Work Schedule: Coverage for the FYH or the McLaughlin clinic shall be, at minimum, 40 hours weekly. Shift work may be 8-hour, 10 hours, or 12-hour shifts, with a daytime or night time shift dependent on the needs of the service unit.

1. CONTRACTOR RESPONSIBILITIES

3. Clinical Personnel Required: The Contractor shall provide contract pharmacist who are licensed, competent, qualified per this statement of work and adequately trained to perform assigned duties.

0. Contract pharmacist shall be responsible for signing in and out when in attendance. Time sheets will be used to confirm hours/day and services provided against the contractor’s invoices.

3. Standards of Care: The contract pharmacist care shall cover the range of pharmaceutical services as the health care treatment facility allows and the standard of care shall be of a quality, meeting or exceeding currently recognized national standards as established by:

1. IHS Manual https://www.ihs.gov/IHM/

1. The professional standards of The Joint Commission (TJC)

1. The requirements contained in this SOW

3. MEDICAL RECORDS

2. Authorities: Contract pharmacist providing healthcare services to IHS patients shall be considered as part of the Department Healthcare Activity and shall comply with the U.S.C.551a (Privacy Act), 38 U.S.C. 5701 (Confidentiality of claimants records), 5 U.S.C. 552 (FOIA), 38 U.S.C. 5705 (Confidentiality of Medical Quality Assurance Records) 38 U.S.C. 7332 (Confidentiality of certain medical records), Title 5 U.S.C. § 522a (Records Maintained on Individuals) as well as 45 C.F.R. Parts 160, 162, and 164 (HIPAA).

2. Disclosure: Contract pharmacist may have access to patient medical records: however, Contractor shall obtain permission from the IHS before disclosing any patient information. Subject to applicable federal confidentiality or privacy laws, the Contractor, or their designated representatives, and designated representatives of federal regulatory agencies having jurisdiction over Contractor, may have access to IHS ‘s records, at IHS’s place of business on request during normal business hours, to inspect and review and make copies of such records. The penalties and liabilities for the unauthorized disclosure of IHS patient information mandated by the statutes and regulations mentioned above, apply to the Contractor.

2. Professional Standards for Documenting Care: Care shall be appropriately documented in medical records in accordance with standard commercial practice and guidelines established by IHS Manual and all guidelines provided by the IHS.

2. Release of Information: The IHS shall maintain control of releasing any patient medical information and will follow policies and standards as defined, but not limited to Privacy Act requirements. In the case of the IHS authorizing the Contractor to release patient information, the Contractor in compliance with IHS regulations, and at his/her own expense, shall use IHS Form, Request for and Consent to Release of Information from Individual’s Records, to process “Release of Information Requests”. In addition, the Contractor shall be responsible for locating and forwarding records not kept at their facility. The IHS’s Release of Information Section shall provide the Contractor with assistance in completing forms. Additionally, the Contractor shall use IHS Form, Request for and Authorization to Release Medical Records or Health Information, when releasing records protected by 38 U.S.C. 7332. Treatment and release records shall include the patient’s consent form.

3. Direct Patient Care: 90% of the time involved in direct patient care.

3. Per the qualification section of this SOW, the Contractor shall provide the following staff:

0. Medications: Contractor pharmacist shall follow all established medication policies and procedures.

3. ADMINISTRATIVE: 10% administrative time.

1. Quality Improvement Meetings: The contract pharmacist shall participate in continuous quality improvement activities and meetings with committee participation as required by the IHS Clinical Director, Chief Pharmacist, or designee.

1. Staff Meetings: The contract pharmacist shall attend staff meetings as required by the IHS Clinical Director, Chief Pharmacist, or designee. Contractor to communicate with COR on this requirement and report any conflicts that may interfere with compliance with this requirement.

1. QA/QI documentation: The contract pharmacist shall complete the appropriate QM/PI documentation.

1. Specialized EHR Documentation Procedures: Patient documentation is completed using the Computerized Electronic Health Record (EHR).

3. Contract pharmacist shall document care given and select appropriate Evaluation and Management (E&M) procedure codes in EHR. Documentation must be sufficient to support both the E&M and procedure codes.

1. Patient Safety Compliance and Reporting: Contract pharmacist shall follow all established patient safety and infection control standards of care. Contract pharmacist shall make every effort to prevent medication errors, falls, and patient injury caused by acts of commission or omission in the delivery of care. All events related to patient injury, medication errors, and other breeches of patient safety shall be reported to the COR, per IHS Safety Policy. As soon as practicable (but within 24 hours) Contractors shall notify of incident and submit to the COR the Patient Safety Report, following up with COR as required or requested.

1. Customer Service: Contract pharmacist shall refer all patient/customer service issues to the Chief Pharmacist or Clinical Director or designee.

3. PERFORMANCE STANDARDS, QUALITY ASSURANCE (QA) AND QUALITY IMPROVEMENT(QI)

4. Quality Management/Quality Assurance Surveillance: Contract personnel shall be subject to Quality Management measures, such as patient satisfaction surveys, timely completion of medical records, proper utilization of the EHR used for patient tracking and Peer Reviews. Methods of Surveillance: Focused Provider Practice Evaluation (FPPE) and Ongoing Provider Practice Evaluation (OPPE). Contractor performance will be monitored by the government using the standards as outlined in this Statement of Work (SOW) and methods of surveillance detailed in the Quality Assurance Surveillance Plan (QASP). The QASP shall be attached to the resultant contract and shall define the methods and frequency of surveillance conducted.

4. Patient Complaints: The CO will resolve complaints concerning Contractor relations with the Government employees or patients. The CO is final authority on validating complaints. In the event that The Contractor is involved and named in a validated patient complaint, the Government reserves the right to refuse acceptance of the services of such personnel. This does not preclude refusal in the event of incidents involving physical or verbal abuse.

4. The Government reserves the right to refuse acceptance of any Contractor personnel at any time after performance begins, if personal or professional conduct jeopardizes patient care or interferes with the regular and ordinary operation of the facility. Breaches of conduct include intoxication or debilitation resulting from drug use, theft, patient abuse, dereliction or negligence in performing directed tasks, or other conduct resulting in formal complaints by patient or other staff members to designated Government representatives. Standards for conduct shall mirror those prescribed by current federal personnel regulations. The CO and COR shall deal with issues raised concerning Contractor’s conduct. The final arbiter on questions of acceptability is the CO.

4. Performance Standards:

3. Measure: Provider Quality Performance Performance Requirement:

Standard: OPPE documentation for all (100%) staff providing services under the contract. All staff (100%) meets Standards.

Acceptable Quality Level: 90 % meet Standards Surveillance Method: Ongoing Provider Performance Evaluation (OPPE) data pertinent to care performed for each provider working under this contract. OPPE data will review the following elements:

Incentive: Positive Past Performance Disincentive: Negative Past Performance, (should there be deductions for this standard)

3. Measure: Qualifications of Key Personnel Performance Requirement: All contract pharmacist shall be licensed in accordance with State Board of Pharmacy.

Standard: All (100%) contract pharmacist are licensed.

Acceptable Quality Level: 100% No deviations accepted.

Surveillance Method: Random Inspection of qualification documents Frequency: At the time of hire and during re-credentialing.

Incentive: Favorable contactor performance evaluation.

Disincentive: Unfavorable contractor performance evaluation. Removal from contract until such time the contract pharmacist meet qualification standard:

3. Measure: Scope of Practice/Privileging Performance Requirement: Contract pharmacist performs within their individual scopes of practice/privileging.

Standard: All (100%) contract pharmacist perform within their scope of practice/privileges 100% of the time.

Acceptable Quality Level: All (100%) contract pharmacist perform within their scope of practice/privileges 100% of the time. No deviations accepted.

Surveillance Method: Random Inspection of records during OPPE/FPPE.

Incentive: Favorable contactor performance evaluation.

Disincentive: Unfavorable contractor performance evaluation. Removal from contract until such time the contract pharmacist meets qualification standard.

3. Measure: Patient Access Performance Requirement: The Contractor shall provide contract pharmacist in accordance with the operating hours and IHS clinical schedule outlined in this SOW.

Standard: All (100%) contract pharmacist are on time and available to perform services.

Acceptable Quality Level: Contract pharmacist is on-time and available to perform services 90% of the time Surveillance Method: Periodic Sampling of Time and Attendance Sheets Frequency: Quarterly review by Supervisor of Ambulatory Care at FYH.

Incentive: Favorable contactor performance evaluation.

Disincentive: Unfavorable contractor performance evaluation.

3. Measure: Patient Safety Performance Requirement: Patient safety incidents shall be reported using Patient Safety Report. All incidents reported immediately (within 24 hours.)

Standard: All (100%) of patient safety incidents are reported using Patient Safety Report within 24 hours of incident.

Acceptable Quality Level: All (90%) of patient safety incidents are reported using Patient Safety Report within 24 hours of incident. No acceptable deviation.

Surveillance Method: Direct Observation Frequency: As needed Incentive: Favorable contactor performance evaluation.

Disincentive: Unfavorable contractor performance evaluation.

3. Measure: Maintains licensing, registration, and certification Performance Requirement: Updated Licensing, registration and certification shall be provided as they are renewed. Licensing and registration information kept current.

Standard: All (100%) licensing, registration(s) and certification(s) for contract pharmacist shall be provided as they are renewed. Licensing and registration information kept current.

Acceptable Quality Level: All (100%) licensing, registration(s) and certification(s) for contract pharmacist shall be provided as they are renewed. Licensing and registration information kept current. No acceptable deviation.

Surveillance Method: Periodic Sampling and Random Sampling Frequency: Every 2 years by credentialing/privileging at IHS Incentive: Favorable contactor performance evaluation.

Disincentive: Unfavorable contractor performance evaluation.

3. Measure: Mandatory Training Performance Requirement: Contractor shall complete all required training on time Standard: All (100%) of required training is complete on time by contract pharmacist.

Acceptable Quality Level: 90% completions, no deviations.

Surveillance Method: Periodic Sampling Frequency: Annually, or as requirement is established.

Incentive: Favorable contactor performance evaluation.

Disincentive: Unfavorable contractor performance evaluation, Suspension or termination of all physical and/or electronic access privileges and removal from contract until such time as the training is complete.

3. Measure: Privacy, Confidentiality and HIPAA Performance Requirement:

Standard: All (100%) contractor pharmacist comply with all laws, regulations, policies and procedures relating to Privacy, Confidentiality and HIPAA Acceptable Quality Level: 100% compliance; no deviations.

Surveillance Method: Periodic Sampling; Contractor shall provide evidence of annual training required by IHS.

Frequency: Monthly monitoring by Information Security Officer and Privacy Officer.

Incentive: Favorable contactor performance evaluation.

Disincentive: Unfavorable contactor performance evaluation. Immediate removal from contract.

4. Registration with Contractor Performance Assessment Reporting System

4. As prescribed in Federal Acquisition Regulation (FAR) Part 42.15, the IHS evaluates Contractor past performance on all contracts that exceed $150,000, and shares those evaluations with other Federal Government contract specialists and procurement officials. The FAR requires that the Contractor be provided an opportunity to comment on past performance evaluations prior to each report closing. To fulfill this requirement IHS uses an online database, CPARS. CPARS has connectivity with the Past Performance Information Retrieval System (PPIRS) database, which is available to all Federal agencies. PPIRS is the system used to collect and retrieve performance assessment reports used in source selection determinations and completed CPARS report cards transferred to PPIRS. CPARS also includes access to the federal awardee performance and integrity information system (FAPIIS). FAPIIS is a web-enabled application accessed via CPARS for Contractor responsibility determination information.

4. Each Contractor whose contract award is estimated to exceed $150,000 requires a CPARS evaluation. A government Focal Point will register your contract within thirty days after contract award and, at that time, you will receive an email message with a User ID (to be used when reviewing evaluations). Additional information regarding the evaluation process can be found at www.cpars.gov.

4. For contracts with a period of one year or less, the contracting officer will perform a single evaluation when the contract is complete. For contracts exceeding one year, the contracting officer will evaluate the Contractor’s performance annually. Interim reports will be filed each year until the last year of the contract, when the final report will be completed. The report shall be assigned in CPARS to the Contractor’s designated representative for comment. The Contractor representative will have sixty (60) days to submit any comments and re-assign the report to the CO.

4. Failure for the Contractor’s representative to respond to the evaluation within those sixty (60) days, will result in the Government’s evaluation being placed on file in the database with a statement that the Contractor failed to respond; the Contractor’s representative will be “locked out” of the evaluation and may no longer send comments.

1. GOVERNMENT RESPONSIBILITIES

4. Contract Administration/Performance Monitoring: After award of contract, all inquiries and correspondence relative to the administration of the contract shall be addressed to: (enter contract administration if not already listed in another area list the title (not name) and contact information for COR, Clinical point of contact, and any other relevant personnel involved).

0. CO/CS RESPONSIBILITIES:

0. The Contracting Officer is the only person authorized to approve changes or modify any of the requirements of this contract. The Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer is authorized to make commitments or issue any modification to include (but not limited to) terms affecting price, quantity or quality of performance of this contract.

0. The Contracting Officer or Contract Specialist shall resolve complaints concerning Contractor relations with the Government employees or patients. The Contracting Officer is final authority on validating complaints. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer without authority, no adjustment shall be made in the contract price to cover an increase in costs incurred as a result thereof.

0. In the event that contracted services do not meet quality and/or safety expectations, the best remedy will be implemented, to include but not limited to a targeted and time limited performance improvement plan; increased monitoring of the contracted services; consultation or training for Contractor personnel to be provided by the IHS; replacement of the contract personnel and/or renegotiation of the contract terms or termination of the contract.

0. COR Responsibilities:

1. The COR shall be the IHS official responsible for verifying contract compliance. After contract award, any incidents of Contractor noncompliance as evidenced by the monitoring procedures shall be forwarded immediately to the Contracting Officer.

1. The COR will be responsible for monitoring the Contractor’s performance to ensure all specifications and requirements are fulfilled. Quality Improvement data that will be collected for ongoing monitoring includes but is not limited to: enter data that may be collected.

1. The COR will maintain a record-keeping system of services by timesheets. The COR will review this data monthly when invoices are received and certify all invoices for payment by comparing the hours documented on the IHS record-keeping system and those on the invoices. Any evidence of the Contractor's non-compliance as evidenced by the monitoring procedures shall be forwarded immediately to the Contracting Officer.

1. The COR will review and certify monthly invoices for payment. If in the event the Contractor fails to provide the services in this contract, payments will be adjusted to compensate the Government for the difference.

1. All contract administration functions will be retained by the IHS.

1. SPECIAL CONTRACT REQUIREMENTS

5. Reports/Deliverables: The Contractor shall be responsible for complying with all reporting requirements established by the Contract. Contractor shall be responsible for assuring the accuracy and completeness of all reports and other documents as well as the timely submission of each. Contractor shall comply with contract requirements regarding the appropriate reporting formats, instructions, submission timetables, and technical assistance as required.

0. The following are brief descriptions of required documents that must be submitted by Contractor: upon award; weekly; monthly; quarterly; annually, etc. identified throughout the SOW and is provided here as a guide for Contractor convenience. If an item is within the SOW and not listed here, the Contractor remains responsible for the delivery of the item.

5. Billing:

1. Invoice requirements and supporting documentation: Supporting documentation and invoice must be submitted no later than the 20th workday of the month. Subsequent changes or corrections shall be submitted by separate invoice. In addition to information required for submission of a “proper” invoice in accordance with FAR 52.212-4 (g), all invoices must include:

0. Name and Address of Contractor

0. Invoice Date and Invoice Number

0. Contract Number and Purchase/Task Order Number

0. Date of Service

0. Contract Pharmacist

0. Hourly Rate

0. Quantity of hours worked

0. Total price

5. Payment Adjustments/Performance Related Payment Deductions:

2. Invoices will be prorated for partial days/hours worked. The contractor shall be paid only for actual work performed onsite. In the event that the Contract provider works a portion of an hour, the government may adjust payments by 15-minute increments. Contract providers shall be responsible for reporting time worked accurately. The Contract shall be paid for actual hours performed.

0. The contract shall be adjusted at the end of the period of performance for each invoice presented in accordance with actual performance.

5. Performance Deductions: If the contractor fails to meet the Acceptable Quality Level on any performance measure that references a deduction as a disincentive, the following method for calculating and applying the deduction shall be employed:

3. Describe the method of calculation, application (to include method and timing) for each deduction. The COR will prepare a contract discrepancy report and will notify the CO in the event the contractor failed to meet the AQL established for any performance measure. The CO will provide the contractor with the CDR and documentation (as appropriate) supporting the performance level of the contractor and the government’s intent to apply the deduction in the following manner: 25% reduction of monthly invoice in accordance with section 5.1.2.4 under the Contract Administration/Performance Monitoring. The 25% reduction shall be applied to the next invoice billed. The contractor has thirty (30) days to respond if the contractor wishes to provide evidence that the AQL was met or to assert that the government’s action or inaction prevented the Contractor from reaching performance at the AQL. The Contracting Officer shall make the final determination regarding the deduction after reviewing the contractor’s response.