REQUEST FOR QUOTATION

ARFQ WEH2600000012

OB/GYN (Obstetrician-Gynecologist) Physician Clinic Services

SPECIFICATIONS

1. PURPOSE AND SCOPE: The West Virginia Office of Shared Administration (WVOSA), Purchasing Division is soliciting bids on behalf of The Department of Health Facilities, Welch Community Hospital (Agency) to establish a physician services contract for specialty services in the areas of Obstetrics (OB)/Gynecology (GYN) to provide OB/GYN physicians services providing coverage for clinic work at Welch Community Hospital.

NOTE: This request is covered in part or in whole by federal funds. All bidders will be required to acknowledge and adhere to the attached Federal Funds Addendum.

NOTE: The DoHS OSA has developed an EEOP Utilization Report, and it is available at:

https://dhhr.wv.gov/office-of-drug-control-policy/news/Documents/EEO%20Uitlization%20Report%20Completed%20Form%201-29-21-final-PDF%20review%20for%20approval%20to%20submit%20%283%29.pdf

NOTE: The Health Insurance Portability and Accountability Act of 1996 (hereafter, HIPAA) Business Associate Addendum (“Addendum”) is made a part of the Agreement by and between the West Virginia Department of Health Facilities (DHF), Bureau for Office of Health Facilities (OHF), Welch Community Hospital (Agency), and Business Associate (Vendor) and is effective as of the date of execution of the Addendum.

2. DEFINITIONS: The terms listed below shall have the meanings assigned to them below. Additional definitions can be found in section 2 of the General Terms and Conditions.

2.1 “Contract Services” means physician services contract for specialty services in the areas of Obstetrics (OB)/Gynecology (GYN) physicians to provide OB/GYN physicians services providing coverage for clinic work for hospital’s patients as more fully described in these specifications.

2.2 “Pricing Page” means the pages, contained wvOASIS or attached hereto as Exhibit A, upon which Vendor should list its proposed price for the Contract Services.

2.3 “Solicitation” means the official notice of an opportunity to supply the State with goods or services.

3. QUALIFICATIONS: Vendor, or Vendor’s staff if requirements are inherently limited to individuals rather than corporate entities, shall have the following minimum qualifications:

3.1 Vendor must at all times provide OB/GYN (Obstetrician-Gynecologist) Physicians who are qualified, professional, competent, duly licensed in the State of West Virginia, and physicians must have a current Drug Enforcement Agency (DEA) number.

3.2 Vendor’s physicians are required to have and maintain a valid and current Cardiopulmonary Resuscitation (CPR)/First Aid card.

3.3 Vendor’s physicians will have a Background Check done by Vendor.

3.4 The Vendor will ensure that appropriate releases are signed by the physician to release the Background Checks to the hospital.

3.5 The Vendor must provide the facility with Medicare numbers, Medicaid numbers, Unique Physician Identification Number (UPIN) numbers, and current West Virginia State Physician licenses.

4. MANDATORY REQUIREMENTS:

4.1 Mandatory Contract Services Requirements and Deliverables: Contract Services must meet or exceed the mandatory requirements listed below.

4.1

4.1.1 Vendor Responsibilities:

4.1.1.1 General Service Requirements: Vendor shall recruit, supervise and compensate health care providers, pursuant to the terms of this contract, to meet the coverage needs of Welch Community Hospital for the services set forth more specifically below.

4.1.1.1.1 Physician and Allied Health Professional’s monthly schedules shall be released to hospital Administration no later than the 15th day of the preceding month. It shall be the Vendor’s continuous responsibility to monitor the service requirements and to adjust coverage accordingly. At all times, the duty to manage the hospital, its clinics and departments shall remain with the hospital administrator and DHF. References herein to hospital decision-making shall refer only to hospital Administrator, DHF Commissioner and/or the Secretary of DHF.

4.1.1.1.2 Vendor’s medical staff must provide service to all patients who present themselves to all hospital departments or clinics regardless of their ability to pay for treatment and services.

4.1.1.1.3 Vendor must also require physicians to actively participate in the hospital’s medical staff organizations.

4.1.1.2 The facility utilizes an electronic medical record (EMR) in all areas of patient care. The EMR is designed to provide a higher level of patient safety and is not designed to save providers time or effort. This system requires the Vendor to utilize providers that can and are willing to type orders and use computer keyboards and mouse and other technology to input virtually all documentation into the EMR system. This must be done through keyboard typing and point and click mouse input. Oral dictation and/or hand-written notes of daily patient progress notes, clinic visits reports and routine patient encounters shall not be the normal method of documentation. It is expected that the Vendor must employ providers that are always capable, willing, and prepared to function in this electronic, computerized environment. Computerized Provider Order Entry (CPOE) will be used on all orders unless they are telephone orders.

4.1.1.3 The Vendor and all health care providers shall cooperate with the Utilization Review staff to ensure appropriate documentation and actions are taken related to admissions and discharges. Vendor must adhere to and follow the Utilization Plan and the Utilization Review Code of Participation for this facility. Discharge Planning Meetings are daily at 2:00pm in the classroom (or alternate location). All admitting and consulting providers will attend to discuss each patient and their needs related to their diagnosis-related group (DRG).

https://www.cms.gov/Regulations-and-Guidance/Guidance/Manuals/downloads/som107ap_a_hospitals.pdf Exhibit E §482.30 Condition of Participation: Utilization Review

4.1.1.4 The Vendor must require all physicians and staff to wear Welch Community Hospital Photo Identification (ID) Badge. The photo ID badges will be provided to each physician and staff member by the facility. Agency Photo ID Badges are to be worn above the waist at chest height using the badge clip, and without lanyards.

4.1.1.5 The Vendor shall not allow medical providers to sleep while working at the hospital, in any capacity. Exceptions shall be made only during emergency situations and must include the approval of the hospital Administration.

4.1.1.6 The Vendor shall only employ providers that, at all times comply with: The Value Based Purchasing requirements set forth by the Centers for Medicare and Medicaid Services (CMS). Compliance includes meeting and/or exceeding the national benchmarks issued by CMS for all process of care measures (Core Measures); and CMS’s Promoting Interoperability (PI) Program requirements as they relate to provider use of the Electronic Health Record (EHR). This includes, but is not limited to, meeting the thresholds issued by CMS for Computerized Provider Order Entry (CPOE) and the requirements issued by CMS for the Readmission Reduction Program and electronic prescribing (eRx); as well as the detailed documentation requirements necessary for the coding and billing of ICD-10 codes. Physicians identified as not meeting these requirements shall not be assigned at the hospital without an active, hospital approved, Plan of Correction (POC) in place. All POCs shall include target dates of completion.

4.1.1.7 Continuity of Services: This contract is intended to provide continuity of physician services and the management thereof on a continuous basis. In the event of termination of the contract by Vendor, Vendor must assume the continuity of health care services at a level consistent with the terms of the contract for a period not to exceed twelve (12) months from the notice of termination or until such time as DHF can provide an alternative Vendor.

4.1.2 Specialty Services OB/GYN Clinic:

4.1.2.1 Vendor shall provide OB/GYN Obstetrician- Gynecologist Physician(s) coverage for clinic work.

4.1.2.2 Vendor must provide a minimum of two (2) OB/GYN Physicians to have staff privileges at the facility and to provide coverage in OB/GYN Clinic three (3) days per week (weekdays only-no weekend coverage) by one of these two physicians for nonemergent OB Services for 8 hours each day (hours and days are at the discretion of the facility). Both physicians must see patients within the OB/GYN clinic through the term of the contract.

4.1.2.3 Vendor can substitute physician coverage with a mid-level practitioner not to exceed 49% annually or 76 days annually.

4.1.2.4 The physician must arrive and be ready to work at the designated/scheduled time. The Vendor shall not charge the agency for hours scheduled but not worked by the physician. Time sheets shall be provided to the hospital and shall reflect the actual hours worked by the physician.

4.1.2.5 The physician must apply and become credentialed by the hospital’s Medical Staff and Governing Body and as such, agree to follow and obey the By-laws (Exhibit B) and rules and regulations of the Medical Staff. This must be done prior to starting work at the facility.

4.1.2.6 The physician shall be responsible for the supervision of OB Clinic Registered Nurses (RN) and Licensed Practical Nurses (LPN) only.

4.1.2.7 Welch Community Hospital uses an Electronic Medical Record (EMR) provided by Medsphere. All physicians supplied by the Vendor must be capable and willing to function within this environment. The Vendor must assure the physician is available for a four (4) hour training period prior to their beginning work or coverage at the facility. Physician(s) that have had this training (given by this facility) are not required to repeat it.

4.1.2.8 Physician(s) will be required to submit patient dictations to include but not necessarily limited to history, physical, delivery, inpatient and surgeries.

4.1.2.9 The Vendor must provide a copy of the physician’s medical malpractice insurance for the minimum amount of $1,000,000.00. Certificate Holder will be Welch Community Hospital, 454 McDowell Street, Welch, WV 24801.

4.1.2.10 The Vendor must adhere to all HIPAA regulations (see Attachment HIPAA Business Associate Addendum).

4.1.2.11 Performance Improvement: The successful Vendor will develop a program with productivity measures and quality assurance indicators whereby DHF can judge Vendor’s provision of medical services to the community. Vendor’s final program will be approved by DHF. A draft plan that outlines the Vendor’s program must be provided upon request after the award of the contract.

4.1.2.12 Tug River Clinic: Vendor must agree to work with Tug River Clinic and DHF toward developing a patient care arrangement for Tug River Clinic patients. Tug River Clinic is a local, federally funded health services clinic. Vendor is not required by contract to provide referrals or visits to Tug River, but only to work in the spirit of cooperation with their agency.

4.1.2.13 OB/GYN Clinic Operation: Except as otherwise specifically provided herein, the hospital clinic shall be closed on the following days:

Thanksgiving Day Friday Following Thanksgiving July 4th Labor Day Christmas Day New Year’s Day Memorial Day If any of these holidays do not fall on a day of normal operation for the clinic, the clinic’s hours of operation will not be affected. The clinics may be closed on other dates by prior agreement between the hospital and the Vendor.

4.1.2.14 Sick and Annual Leave: DHF will not be responsible for Vendor’s health care physician’s sick and annual leave. When Vendor’s health care providers take sick, annual or other paid or unpaid leave, Vendor shall be responsible for providing appropriate coverage.

4.1.2.15 Scheduling: Each health care provider shall be assigned to his/her area or clinic without overlapping of time or responsibilities. The Vendor shall supply the hospital with completed clinic schedules by the 15th of the prior month.

4.1.2.16 Medical Staff Participants: Vendor’s health care providers will actively participate in hospital leadership roles such as medical directorship, peer review and community work. Vendor’s Physicians will participate in the medical staff organization as described in the hospital’s Medical Staff By-Laws and as developed by DHF. Vendor’s physicians will provide consultation as requested by the other members of the medical staff.

4.1.2.17 Professional Practice: At all times the Vendor shall provide health care providers who are qualified, professional, competent and duly licensed. Physicians must have a current DEA number. Vendor must provide Medicare numbers, Medicaid numbers, UPIN numbers, and any and all licenses normally required by Vendor, its agents and employees. The Vendor will ensure physicians apply and receive appointments to the medical staff and obtain clinical privileges. Physicians must participate in regular medical staff activities and responsibilities including teaching. Physicians and other health care providers must complete medical records in a timely manner in compliance with regulations established by third party reimbursement organizations and the hospital’s Medical Staff By-Laws. Vendor is responsible for notifying hospital of any physician or other health care provider whose credentials at any time are not in compliance with this section. The Vendor must provide the hospital with a current list of all health care providers and the services they are providing as well as timely notice to hospital of any change in physician or other health care providers. The hospital reserves the right to approve or reject, at any time, any health care provider proposed by vendor.

4.1.2.18 Accreditation and Licensure: The Vendor and its health care providers will assist the hospital in its efforts to obtain and maintain all proper licenses, certification and Accreditation by the Joint Commission on Accreditation of Health Care Organizations (JCAHO) and the Health Care Financing Authority/Office of Health Facilities Licensure and Certification (HCFA/OHFLAC). Vendor will have available upon request a model of health care provider protocols that assures compliance with standards by JCAHO and HCFA/OHFLAC.

4.1.2.19 Patient Referrals:

4.1.2.19.1 In order to ensure continuation of this hospital’s ability to provide sub-specialty services, Vendor’s health care providers will, when medically indicated, refer patients to other physicians when needed.

4.1.2.19.2 Vendor’s health care providers will make every effort to make appropriate referrals of patients for in-patient care at the hospital.

4.1.2.19.3 Vendor must have a functioning office within 75 miles of the facility to refer for more advanced treatment, deliveries, and surgeries.

4.1.2.19.4 Vendor will assure its health care providers do not violate Section 1877 of the Social Security Act and any accompanying current and future regulations to Section 1877 of this Act (more commonly known as the “Stark Law” https://www.ssa.gov/OP_Home/ssact/title18/1877.htm (see Exhibit D).

4.1.2.19.5 Vendor agrees to indemnify and hold harmless from all loss, cost, expense, judgement or damage to property, State of West Virginia, DHF and Welch Community Hospital and their employees, servants or agents related to or arising out of programs or other matters which this agreement pertains, together with all legal expenses and costs incurred by the hospital in defending any legal action pertaining issues arising from the Vendor providers.

4.1.2.20 Medical Records:

4.1.2.20.1 Vendor agrees to abide by Federal, State, DHF hospital laws and guidelines for records privacy, retention and security.

4.1.2.20.2 Vendor will maintain records for a period of five (5) years from date of service and make those records available, upon written request, to the Secretary of the United States Department of Health and Human Services or the Comptroller General of the United States, their agents or assigns.

4.1.2.20.3 Vendor must maintain, and agree to make available upon request, its policy with step-by-step guidelines for assuring appropriate management of medical records in compliance with all Federal, WV State, DHF and hospital mandates, including but not limited to Medicare and Medicaid guidelines.

4.1.2.20.4 Patient Grievances: Vendor must maintain and agree to provide a policy with step-by-step description of handling patient complaints regarding services provided by and conduct of its health care providers. A copy of this policy should accompany the bid and must be provided upon request.

4.1.2.21 Anti-dumping Legislation:

4.1.2.21.1 Vendor’s health care physicians/health care providers must comply with anti-dumping laws involving the proper receipt, discharge, and transfer of patients.

4.1.2.21.2 Vendor’s health care providers shall be trained on the necessary receipt, discharge, and discharge information to be completed and maintained. This training will be provided annually by the Vendor to the health care providers and documentation of such will be provided to the hospital.

4.1.2.21.3 Non-competition clause: An underlying DHF objective in providing quality health care services is to promote the ability of patients to develop on-going, long-term relationships with their health care provider; any contract between Vendor and its health care providers shall not include a non-competition clause enforceable against the health care provider. This provision is adopted to ensure that a health care provider is not forced to leave his/her patients should they decide to leave the Vendor’s employment or because Vendor’s contract with the State and DHF is terminated or not renewed.

4.1.2.21.4 Suspension or Termination of Health Care Provider: Vendor’s health care providers’ participation may be suspended or terminated by Agency for any of the following reasons: (1) suspension or revocation of the license authorizing the provision of services; (2) a conviction of a criminal charge; (3) failure to obtain and maintain active privileges at the hospital; (4) suspension or revocation of the health care provider’s DEA number and/or DEA privileges; or (5) as otherwise provided for herein below. Agency CEO or ACEO shall report in writing to Vendor situations and actions involving Vendor’s health care providers with DHF regards as evidence of substandard care, conduct, or poor customer service which are otherwise not in the best interest of patients or Agency. Any issues of behavior or competence will be addressed by the Medical Director. The Providers/AHPs shall be subject to limitations or termination of their ability to function at the Hospital at any time at the discretion of the CEO or his or her designee. Vendor should provide an acknowledgement signed by each provider that he or she is aware of contractual agreement with Agency. Notwithstanding the foregoing, Agency CEO or ACEO may immediately suspend a health care provider’s privilege when, in Agency CEO or ACEO’s opinion, there is a clear endangerment of employee or patient health, welfare or safety. Such suspension shall continue until Vendor’s recommendations are made to Agency CEO or ACEO. If Agency CEO or ACEO does not agree with the recommendations and actions taken by Vendor, Agency CEO or ACEO may elect to utilize the termination provisions contained herein. Agency CEO or ACEO may report in writing to Vendor services provided which, in Agency’s opinion, is inappropriate or excessive. Vendor may, within fifteen (15) calendar days from the date of such notification implement appropriate methods and measures to address the issues. Agency CEO or ACEO shall also recommend the suspension or termination of a health care provider who Agency CEO or ACEO believes is engaging in inappropriate or excessive utilization of services or resources, from participation under any contract although the final determination of suspension or termination shall rest with Vendor. Should Vendor elect not to act on Agency CEO or ACEO’s recommendations or opinions or take action inconsistent with Agency CEO or ACEO’s recommendations within fifteen (15) calendar days, Agency CEO or ACEO may elect to utilize the termination provisions contained herein.

4.1.3 Agency Responsibilities:

4.1.3.1 Agency will NOT provide the Vendor or the physician with phones or beepers.

4.1.3.2 Agency will provide an adequate orientation for each physician. Orientation will include but not be limited to, providing basic information regarding universal precautions.

4.1.3.2.1 Hospital will comply with Occupational Safety and Health Administration (OSHA), Blood-Borne Exposure Control Regulations and provide site and task specific training regarding safety regulations required by OSHA.

4.1.3.2.2 Hospital certifies that it has developed and follows an exposure plan in conformance with those regulations.

4.1.3.2.3 Hospital will provide post-exposure evaluation and make a confidential medical evaluation of the exposure incident.

4.1.3.2.4 Hospital agrees to provide copies of all records of post-exposure care to Vendor.

4.1.3.2.5 Agency will provide new physicians with limited (approximately four hours) instructions on the EMR prior to their first shift.

4.1.4 GENERAL TERMS AND CONDITIONS:

4.1.4.1 Prohibition Against Gratuities: Vendor warrants that it has not employed any company or person other than a bona fide employee working solely for Vendor or a company regularly employed as its marketing agent to solicit or secure the contract and that it has not paid or agreed to pay any company any fee, commission, percentage, brokerage fee, gifts or any other consideration contingent upon the contact. For breach or violation of this warranty, the State of West Virginia shall have the right to cancel any subsequent contract without liability at its discretion, and/or to pursue any other remedies available under this contract or by law.

4.1.4.2 Certifications Related to Lobbying: Vendor certifies that no federal appropriated funds have been paid or will be paid, by or on behalf of the company or an employee thereof, to any person for purposes of influencing or attempting to influence an officer or employee of any federal entity, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan, or cooperative agreement.

4.1.4.3 If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee or any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, Vendor shall complete and submit a disclosure form to report the lobbying.

4.1.4.4 Vendor agrees that this language of certification shall be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this contract was made and entered into.

4.1.4.5 Contract Provisions: A purchase order will be executed between the DHF and Vendor. The order of precedence is the contract, specifications, terms and conditions, bid requirements, any addenda, and the Vendor’s bid.

4.1.4.6 Governing Law: This contract shall be governed by the laws of the State of West Virginia. Vendor further agrees to comply with the Civil Rights Act of 1964 and all other applicable Federal, State and Local Government rules, regulations and policies.

4.1.4.7 Compliance with Laws and Regulations: Vendor shall procure all necessary permits and licenses to comply with all applicable laws, Federal, State or Municipal Laws, regulations, policies and ordinances to include but not limited to the following:

4.1.4.7.1 Vendor must procure all necessary permits and licenses and abide by all applicable laws, regulations, rules, policies and ordinances relating to licensure and regulation of physicians, other health care providers and hospitals. All standards of medical practice and professional duties of Vendor and its employees shall be determined in accordance with the hospital’s Medical Staff By-laws.

4.1.4.7.2 Vendor shall agree to provide an annual attestation that it bills in accordance with Medicare and Medicaid laws.

4.1.4.7.3 Vendor shall produce a copy of its corporate compliance program relating thereto upon request.

4.1.4.8 Subcontracts/Joint Ventures: The State of West Virginia regarding all contractual matters. The Vendor may, with the prior written consent of the State of West Virginia and DHF, enter into written subcontracts for performance of work.

4.1.4.8.1 Vendor’s health care providers shall agree to accept all patients regardless of their ability to pay and to bill indigent patients in accordance with the hospital’s Financial Assistance Policy 3501A Exhibit C. Should any changes occur to this policy during the life of the contract and any subsequent renewals, Vendor shall agree to abide by the changes.

4.1.4.8.2 The costs provided by Vendor represent costs associated with physician compensation, malpractice insurance, billing costs and administrative costs to manage the contract. The costs quoted by Vendor will not be subject to any increase and will be firm for each year of the contract, should it be renewed for the three subsequent years.

4.1.4.8.3 Vendor shall keep its revenue and costs financial records and supporting documentation segregated from those of other clients and from any other DHF contract.

4.1.4.9 Vendor Invoice to Hospital:

4.1.4.9.1 Vendor will complete one (1) full month of service before invoicing DHF.

4.1.4.9.2 Agency may audit Vendor to determine its actual costs.

4.1.4.9.3 Each quarter (three months), Vendor shall submit a cost reconciliation statement with comments/justifications for reconciliation changes.

4.1.4.9.4 If an audit or cost reconciliation reveals Vendor’s actual physician costs are less than those it submitted in the contract, Vendor will be notified in writing. Agency will arrange to meet with Vendor to discuss the findings. Upon conclusive, mutually agreed upon evidence that actual costs were less than those submitted, Vendor shall reimburse overpayments, in full, to Agency. Agency shall withhold the amount of reimbursement from the invoice to be paid in the month immediately following the month in which an overpayment is discovered. If the overpayment is discovered after the term of the contract is completed, the reimbursement shall be paid in the form of a check.

4.1.4.9.5 If, in any month, Vendor fails to provide Agency with the services and coverage required, Vendor shall reduce the monthly billing appropriately. If Vendor fails to reduce any monthly billing for services and coverage it failed to provide, Vendor shall agree to pay Agency, an amount equal to three (3) times the amount of the overcharge. Agency shall notify Vendor of its failure to provide services and coverage, reduce its invoice appropriately and provide Vendor with an opportunity to contest the overcharge determination. At all times, the burden remains with Vendor to maintain objective documentation to prove it provided all services it is required to provide under the contract and for all services for which it billed Agency.

4.1.4.9.6 Vendor’s contract costs shall not include expenses unrelated to the cost of providing the services set forth herein. Examples include, but are not limited to, penalties, donations, contributions, and income tax expenses.

4.1.4.10 Invoices and Progress Payments:

4.1.4.10.1 Vendor must submit invoices, in arrears, to DHF at the address on the face of the purchase order labeled “Invoice To” pursuant to the terms of the contract. The invoices must be in a form approved by the Department and shall enclose a monthly activity log. Vendor will be responsible for payment of all subcontracts, staff, and any other support staff contracted to provide services.

4.1.4.10.2 State of West Virginia law forbids payment of invoices prior to receipt of services. The Department reserves the right to reject any or all invoices for which proper documentation has not been provided. Vendor will be notified of deficiencies within fifteen (15) Calendar days of receipt of the invoice.

4.1.4.10.3 Vendor will invoice monthly and will provide detailed documentation supporting the invoiced amount. This documentation will include, by department/clinic, each health care provider’s signed time record which shall indicate actual work time, and a detailed account of Vendor’s health care providers must maintain accurate time records in addition to using the hospital’s time clock to record time-in and time-out of the hospital. Vendor’s invoice shall also document any service or partial service that was not provided pursuant to the terms of the contract and Vendor shall reduce the invoice appropriately. If there is service or partial service which Vendor did not provide, the invoice must contain a detailed explanation of the reason such service was not provided.

4.1.4.10.4 Agency and Vendor shall determine the format of the invoice form. Agency reserves the right to modify the invoice format at any time if additional information is required.

4.1.4.11 Record Retention (Access & Confidentiality):

4.1.4.11.1 Vendor shall comply with all applicable federal and State of West Virginia laws, rules, regulations and requirements governing the maintenance of documentation to verify any cost of services or commodities rendered by Vendor.

4.1.4.11.2 Vendor shall maintain such records a minimum of five (5) years from the end of the contract period and make available all records to DHF personnel at Vendor’s location during normal business hours upon written request by DHF within ten (10) business days after receipt of the request.

4.1.4.11.3 Vendor, its employees, and agents shall have access to private and confidential data maintained by hospital to the extent required for the Vendor to carry out the duties and responsibilities defined in the contract. Vendor agrees to maintain confidentiality and security of the data made available.

4.1.4.11.4 Vendor shall indemnify and hold harmless the State of West Virginia and DHF against all claims, brought by any party, attributed to actions of breach of confidentiality by Vendor, subcontractors, or individuals permitted access by Vendor, including legal fees and disbursement paid or incurred to enforce the provision of the contract.

4.1.4.11.5 Vendor must accept responsibility for providing adequate supervision and training to its agents and employees to ensure that confidentiality is maintained. No private or confidential data maintained or used during the course of the contract period shall be disseminated except as authorized by statute either during the contract period or thereafter.

4.1.4.12 News Release: News releases or other publicity pertaining to the services to be provided under this contract shall not be made without prior approval by DHF.

4.1.4.13 Contract Monitoring, Accounting and Auditing:

4.1.4.13.1 Vendor must maintain accounting records and supporting documentation relating to the performance of the services to be provided under this contract. These accounting records shall be maintained in accordance with generally accepted accounting principles.

4.1.4.13.2 Authorized representatives or agents of the State of West Virginia and DHF shall have access to the accounting records and documentation, of Vendor and any subcontractor, upon reasonable notice and at reasonable times during the performance and/or retention period of the contract for purposes of review, analysis, inspection, and audit.

4.1.4.13.3 DHF and other State and/or federal agencies and their authorized representatives or agents shall have access to all accounting and financial records of any individual, partnership, firm or corporation insofar as they relate to transactions connected with this contract.

4.1.4.13.4 Vendor shall provide the State of West Virginia or Agent or authorized governmental official with full access to records regarding performance related to the contract for the purpose of monitoring, reviewing and testing of Vendor’s operation relating to performance within the time frame set forth above. For each day Vendor fails to allow DHF access to its records or copies of any specific record, DHF will impose a $250.00 per day fee.

4.1.4.13.5 Vendor must maintain books, records, documents and other evidence pertaining to the administrative costs and expenses of the contract to the extent and in such detail as shall properly reflect all revenues and costs of whatever nature for which reimbursement is claimed under the provision of the contract.

4.1.4.13.6 Vendor shall agree that authorized federal, State and DHF representatives shall have access to and the right to examine the items listed above during the contract period and during the five-year post-contract period or until final resolution of all pending audit questions and litigation.

4.1.4.13.7 During the contract period, access to these items will be provided to DHF at all reasonable times.

4.1.4.13.8 During the five-year post-contract period, delivery of and access to the listed items will be at no cost to the State of West Virgina or DHF.

4.1.4.13.9 DHF may, at its option, conduct audits of Vendors’ operations as they pertain to the provision of services and billings and reimbursements pursuant to the contracted services. DHF agrees to provide no less than thirty (30) calendar days’ advance notice to Vendor of any audit to be performed.

4.1.4.13.10 If Vendor carries out any of the duties of this contract through a subcontract (no matter the dollar value) during the 12-month period, the subcontract shall contain a clause to the effect that until the expiration of five years after the furnishing of services pursuant to the subcontract, the subcontractor shall make available, upon request of the State of West Virginia, DHF or Secretary of the United States Department of Health and Human Services, or any of their duly authorized representatives, the subcontract, and any and all of its books, documents, and records that are necessary to certify the nature and extent of such costs.

4.1.4.13.11 Vendor shall provide the facility with a quarterly collections report including charges and adjusted amounts and supporting documentation of patient payments and payments from 3rd party payers (i.e., remittance reports). Vendor may annually collect and retain $110,000.00 prior to returning excess to facility.

4.1.4.13.12 The quarterly report will be due forty-five (45) Calendar days after the beginning of the contract period and again every ninety Calendar days following, thereafter.

4.1.4.13.13 The Vendor must provide an annual collections report within thirty (30) business days after each twelve months of service has been completed with a remittance of any amount due to the hospital for over collections, at that time.

4.1.4.13.14 The liquidated damages for failure to provide the annual collections report and/or any amount due to the hospital, in a timely manner, will be 3.5 times the amount owed or $10,000 whichever is the greater. The liquidated damages will be imposed on the first business day after the due date and payment shall be expected within Thirty (30) Calendar days. Additional liquidated damages of $100 per day shall be imposed after day 30.

4.1.5 Debarment and Suspension: Vendor certifies that no entity, agency, subcontractor, or person associated with the Vendor is currently debarred or suspended by any State or the Federal government.

5. CONTRACT AWARD: The Contract is intended to provide Agency with a purchase price for the Contract Services. The Contract shall be awarded to the Vendor that provides the Contract Services meeting the required specifications for the lowest overall total cost as shown on the Pricing Pages.

6. PRICING PAGE: Vendor should complete the Pricing Page by entering pricing for requested item. Vendor should complete the Pricing Page in full as failure to complete the Pricing Page in its entirety may result in Vendor’s bid being disqualified. Vendor should type or electronically enter the information into the Pricing Pages through wvOASIS, if available, or as an electronic document.

NOTE: Example of properly completing a pricing page.

Quantity x Daily Cost = Total Annual Cost (for each line item)

Administrative Cost should be entered into the Total Annual Cost column

All Total Annual Cost lines will sum to the Grand Total Cost.

7.

8.

7. PERFORMANCE: Vendor and Agency shall agree upon a schedule for performance of Contract Services and Contract Services Deliverables, unless such a schedule is already included herein by Agency. In the event that this Contract is designated as an open-end contract, Vendor shall perform in accordance with the release orders that may be issued against this Contract.

8. PAYMENT: Agency shall pay pricing as indicated within bid proposal as shown on the Pricing Pages, for all Contract Services performed and accepted under this Contract.

Vendor shall accept payment in accordance with the payment procedures of the State of West Virginia.

9. TRAVEL: Vendor shall be responsible for all mileage and travel costs, including travel time, associated with performance of this Contract. Any anticipated mileage or travel costs may be included in the flat fee or hourly rate listed on Vendor’s bid, but such costs will not be paid by the Agency separately.

10. FACILITIES ACCESS: Performance of Contract Services may require access cards and/or keys to gain entrance to Agency’s facilities. In the event that access cards and/or keys are required:

10.1 Vendor must identify principal service personnel which will be issued access cards and/or keys to perform service.

10.2 Vendor will be responsible for controlling cards and keys and will pay replacement fee, if the cards or keys become lost or stolen.

10.3 Vendor shall notify Agency immediately of any lost, stolen, or missing card or key.

10.4 Anyone performing under this Contract will be subject to Agency’s security protocol and procedures.

10.5 Vendor must inform all staff of Agency’s security protocol and procedures.

11. VENDOR DEFAULT:

11.1 The following shall be considered a Vendor default under this Contract.

11.1.1 Failure to perform Contract Services in accordance with the requirements contained herein.

11.1.2 Failure to comply with other specifications and requirements contained herein.

11.1.3 Failure to comply with any laws, rules, and ordinances applicable to the Contract Services provided under this Contract.

11.1.4 Failure to remedy deficient performance upon request.

11.2 The following remedies shall be available to Agency upon default.

11.2.1 Immediate cancellation of the Contract.

11.2.2 Immediate cancellation of one or more release orders issued under this contract.

11.2.3 Any other remedies available in law or equity.

12. MISCELLANEOUS:

12.1 Contract Manager: During its performance of this Contract, Vendor must designate and maintain a primary contract manager responsible for overseeing Vendor’s responsibilities under this Contract. The Contract manager must be available during normal business hours to address any customer service or other issues related to this Contract. Vendor should list its Contract manager and his or her contact information below.

Contract Manager: ______________________ Telephone Number: ________________________ Fax Number: ______________________________ Email Address: ____________________________ Revised 10/27/2014