Statement of Work.pdf

STATEMENT OF WORK

LABORATORY COURIER TAXI SERVICE

DAVID GRANT MEDICAL CENTER (DGMC), TRAVIS AFB, CA

12 March 2020

Table of Contents

Section Title Page

1 Description of Services 3

2 Service Delivery Plan 3

3 Personnel Qualifications 4

4 Government Furnished Property and Services 5

5 Emergency Medical Treatment 5

6 General Information 5

7 Health Insurance Portability 5 and Accountability Act

8 Security Requirements 9

9 Contractor Identification 10

1. DESCRIPTION OF SERVICES

1.1 The contractor shall provide non-personal services consisting of 24/7, 365 days of service on-call courier services as defined in this Statement of Work (SOW). Service will be available 24 hours, 7 days a week to include all weekends and holidays. Service shall include transportation of all lab specimens that require processing/analysis at the Medical Centers identified in this SOW.

Pick-Up and Drop off Locations

David Grant Medical Center (DGMC) Laboratory Shipping Department 101 Bodin Circle Building 777 Room Number: 2B316 Travis Air Force Base, CA 94535 Commercial: 707-423-7410

NAPA Solano (Public Health) County 2201 Courage Drive, MS 9-200 Fairfield, CA 94533 Commercial: 707-784-4410

NorthBay Medical Center Laboratory 1200 B Gale Wilson Blvd, Fairfield, CA 94533 Commercial: 707-646-5146

University of California, Davis (UC Davis) 2315 Stockton Blvd.

2nd Floor, Room Number 2P340 Sacramento, CA 95817 Commercial: 916-734 2109

The above mentioned pick-up and drop off locations are the most frequent, however other pick-up and drop-off locations may be required not to exceed a 100 mile radius of David Grant Medical Center.

2. SERVICE DELIVERY PLAN:

2.1.1. The contractor shall develop and maintain a service delivery plan and provide it to the Government for review and approval within thirty (30) calendar days after the award of a contract to provide courier services. The plan shall address the following:

2.1.2. Plan management and operational procedures for the delivery of all required services including quality control, record keeping and reporting. Initial and annual training plan for drivers/couriers in the issues related to the transport of biohazardous materials to include Universal Precautions and Blood-borne Pathogens prior to performing duties as courier.

2.1.3. The contractor shall provide personnel who possess the skills, knowledge, and training to perform satisfactorily the services. Personnel shall be able to read, write, and speak English fluently and to enunciate with sufficient clarity to communicate with Government personnel with whom they interact. The contractor shall ensure all drivers are trained on issues related to transport of biohazardous materials to include Universal Precautions and Bloodborne Pathogens in accordance with applicable federal, state, and local laws prior to performing duties as a courier and receive training as required by regulatory agencies thereafter. The contractor shall provide verification of subject training on an annual basis in the form of an email from the contractor to the Contracting Officer’s Representative (COR) stating the courier/driver’s name, address, telephone number, contact email, and date of training completion within 30 days prior to start of services.

2.1.4. Contractor employees shall be required to lift boxes weighing up to and including 50 pounds. Contractor may utilize a contractor-provided cart or dolly/hand truck to transport heavier items.

2.1.5. All persons employed under this contract shall remain employees of the contractor and not of the Government. The contractor shall ensure that all contractor personnel present a clean, neat, professional appearance when performing work under this contract and that their conduct shall not reflect discredit upon the military.

2.1.6. The Contracting Officer may require the contractor to remove and may bar from the job site any employee found to be under the influence of alcohol, drugs, or any incapacitating agent, or who is determined to be a security risk. The removal, barring or both of such a person from the job site shall not relieve the contractor of the requirement to provide sufficient personnel to perform adequate and timely service.

3. PERSONNEL QUALIFICATIONS:

3.1.1. Drivers’ Licenses: Each driver shall carry a valid and current State driver’s license with the proper endorsements at all times.

3.1.2. Vehicle Registration: Vehicle(s) to be used for deliveries shall be properly registered in the State of California as well as certified as compliant with all applicable environmental regulations.

3.1.3. Insurance: Vehicle(s) to be utilized for deliveries shall carry the insurance coverage required by state and local law, including any such coverage as may be required pertaining specifically to the transport of biohazardous materials.

Commented [GACMUA6C1]: Depending on the Contracting Officer they may not require a COR for this contract. If not this will need to be changed to a specific duty position/and or individual.

4. GOVERNMENT FURNISHED PROPERTY AND SERVICES:

4.1.1. None

5. EMERGENCY MEDICAL TREATMENT:

5.1.1. In the event contractor personnel are injured while performing contract duties on the base and emergency treatment is required, the MTF services may be used. If used, the contractor will be billed for the service at the standard rate for civilian emergencies.

6. GENERAL INFORMATION

6.1.1. Management: The contractor shall provide a company representative who shall be responsible for ensuring that the contract services are provided satisfactorily. The name of this company representative, and an alternate or alternates, who shall act for the company representative when he/she is absent, shall be designated in writing to the contracting officer. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The company representative or alternate shall be available during normal duty hours (7:30 AM – 4:30 PM) to discuss problem areas.

7. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA)

OF 1996:

7.1.1HIPAA is comprised of several different sections, each to be implemented by the Dept.

of Health and Human Services. The medical facilities of the military services and the DOD health plans are specifically listed as covered by HIPAA. Currently, HIPAA Privacy and Security Rules, as set forth in the Code of Federal Regulations, are in effect for all MTFs. The specific implementation of HIPAA Privacy for DOD medical facilities is set forth in DOD 6025.18-R, and for HIPAA Security, the requirements for AF MTFs are contained in DOD 8580.02-R and AFI 41-217, which also contains additional Information Assurance requirements for all AF MTFs. DOD 6025.18-R, DOD 8580.02-R and AFI 41-217 are incorporated herein by reference. This clause serves as that agreement whereby the Contractor and its employees agree to abide by all HIPAA Privacy and Security requirements regarding health information as defined in this clause, DoD 6025-18-R, DOD 8520.02-R and AFI 41-217.

Additional HIPAA requirements will be addressed when implemented.

(a) Definitions. As used in this clause generally refer to the Code of Federal Regulations (CFR) definition unless a more specific provision exists in DOD 6025.18-R, DOD 8520.02-R or AFI41-217.

Individual has the same meaning as the term “individual” in 45 CFR 164.50 1 and 164.103 and shall include a person who qualifies as a personal representative in accordance with 45 CFR 164.502(g).

Commented [GACMUA6C2]: Add within XX days after contract award.

Privacy Rule means the Standards for Privacy of Individually Identifiable Health Information at 45 CFR part 160 and part 164, subparts A and E.

Protected Health Information has the same meaning as the term “protected health information” in 45 CFR 164.501, limited to the information created or received by The Contractor from or on behalf of the Government.

Electronic Protected Health Information has the same meaning as the term “electronic protected health information” in 45 CFR 160.103.

Required by Law has the same meaning as the term “required by law” in 45 CFR 164.501 and 164.103.

Secretary means the Secretary of the Department of Health and Human Services or his/her designee.

Security Rule means the Health Insurance Reform: Security Standards at 45 CFR part 160,162 and part 164, subpart C.

Terms used, but not otherwise defined, in this Agreement shall have the same meaning as those terms in 45 CFR 160.103, 160.502, 164.103, 164.304 and 164.501.

(b) The Contractor agrees to not use or further disclose Protected Health Information other than as permitted or required by the Contract or as Required by Law.

(c) The Contractor agrees to use appropriate safeguards to prevent use or disclosure of the Protected Health Information other than as provided for by this Contract.

(d) The Contractor agrees to use administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the electronic protected health information that it creates, receives, maintains, or transmits in the execution of this Contract.

(e) The Contractor agrees to mitigate, to the extent practicable, any harmful effect that is known to the Contractor of a use or disclosure of Protected Health Information by the Contractor in violation of the requirements of this Contract.

(f) The Contractor agrees to report to the Government any security incident involving protected health information of which it becomes aware.

(g) The Contractor agrees to report to the Government any use or disclosure of the Protected Health Information not provided for by this Contract of which the Contractor becomes aware of.

(h) The Contractor agrees to ensure that any agent, including a subcontractor, to whom it provides Protected Health Information received from, or created or received by the Contractor on behalf of the Government agrees to the same restrictions and conditions that apply through this Contract to the Contractor with respect to such information.

(i) The Contractor agrees to ensure that any agent, including a subcontractor, to whom it provides electronic Protected Health Information, agrees to implement reasonable and appropriate safeguards to protect it.

(j) The Contractor agrees to provide access, at the request of the Government, and in the time and manner designated by the Government to Protected Health Information in a Designated Record Set, to the Government or, as directed by the Government, to an Individual in order to meet the requirements under 45 CFR 164.524.

(k) The Contractor agrees to make any amendment(s) to Protected Health Information in a Designated Record Set that the Government directs or agrees to pursuant to 45 CFR 164.526 at the request of the Government or an Individual, and in the time and manner designated by the Government.

(1) The Contractor agrees to make internal practices, books, and records relating to the use and disclosure of Protected Health Information received from, or created or received by the Contractor on behalf of, the Government, available to the Government, or at the request of the Government to the Secretary, in a time and manner designated by the 'Government or the Secretary, for purposes of the Secretary determining the Government's compliance with the Privacy Rule.

(m) The Contractor agrees to document such disclosures of Protected Health Information and information related to such disclosures as would be required for the Government to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR 164.528.

(n) The Contractor agrees to provide to the Government or an Individual, in time and manner designated by the Government, information collected in accordance with this Clause of the Contract, to permit the Government to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR 164.528.

General Use and Disclosure Provisions

Except as otherwise limited in this Agreement, the Contractor may use or disclose Protected Health Information on behalf of, or to provide services to, the Government for treatment, payment, or healthcare operations purposes, in accordance with the specific use and disclosure provisions below, if such use or disclosure of Protected Health Information would not violate the HIPAA Privacy Rule, DOD 6025.18-R, the HIPAA Security Rule, or DOD 8580.02-R if done by the Government.

Specific Use and Disclosure Provisions

(a) Except as otherwise limited in this Agreement, the Contractor may use Protected Health Information for the proper management and administration of the Contractor or to carry out the legal responsibilities of the Contractor.

(b) Except as otherwise limited in this Agreement, the Contractor may disclose Protected Health Information for the proper management and administration of the Contractor, provided that disclosures are required by law, or the Contractor obtains reasonable assurances from the person to whom the information is disclosed that it will remain confidential and used or further disclosed only as required by law or for the purpose for which it was disclosed to the person, and the person notifies the Contractor of any instances of which it is aware in which the confidentiality of the information has been breached.

(c) Except as otherwise limited in this Agreement, the Contractor may use Protected Health Information to provide Data Aggregation services to the Government as permitted by 45 CFR 164.504(e)(2)(i)(B).

(d) Contractor may use Protected Health Information to report violations of law to appropriate Federal and State authorities, consistent with 45 CFR 164.502(j)(1).

Obligations of the Government

Provisions for the Government to Inform the Contractor of Privacy Practices and Restrictions

(a) Upon request the Government shall provide the Contractor with the notice of privacy practices that the Government produces in accordance with 45 CFR 164.520, as well as any changes to such notice.

(b) The Government shall provide the Contractor with any changes in, or revocation of, permission by Individual to use or disclose Protected Health Information, if such changes affect the Contractor's permitted or required uses and disclosures.

(c) The Government shall notify the Contractor of any restriction to the use or disclosure of Protected Health Information that the Government has agreed to in accordance with 45

CFR 164.522.

Permissible Request by the Government

The Government shall not request the Contractor to use or disclose Protected Health Information in any manner that would not be permissible under the HIPAA Privacy Rule, DOD 6025.18R, the HIPAA Security Rule, or DOD 8580.02-R, if done by the Government, except for providing Data Aggregation services to the Government and for management and administrative activities of the Contractor as otherwise permitted by this clause.

Termination

(a) Termination. A breach by the Contractor of this clause, may subject the Contractor to termination under any applicable default or termination provision of this Contract.

(b) Effect of Termination

(1) If this contract has records management requirements, the records subject to the Clause should be handled in accordance with the records management requirements. If this contract does not have records management requirements, the records should be handled in accordance with paragraphs (2) and (3) below.

(2) If this contract does not have records management requirements, except as provided in paragraph (3) of this section, upon termination of this Contract, for any reason, the Contractor shall return or destroy all Protected Health Information received from the Government, or created or received by the Contractor on behalf of the Government. This provision shall apply to Protected Health Information that is in the possession of subcontractors or agents of the Contractor. The Contractor shall retain no copies of the Protected Health Information.

(3) If this contract does not have records management provisions and the Contractor determines that returning or destroying the Protected Health Information is infeasible, the Contractor shall provide to the Government notification of the conditions that make return or destruction infeasible. Upon mutual agreement of the Government and the Contractor that return or destruction of Protected Health Information is infeasible, the Contractor shall extend the protections of this Contract to such Protected Health Information and limit further uses and disclosures of such Protected Health Information to those purposes that make the return or destruction infeasible, for so long as the Contractor maintains such Protected Health Information.

Miscellaneous

(a) Regulatory References. A reference in this Clause to a section in DOD 6025.18-R, HIPAA Privacy Regulation or DOD 8580.02-R, HIPAA Security Regulation, or any CFR or AFI provision means the section as currently in effect or as amended, and for which compliance is required.

(b) Survival. The respective rights and obligations of Business Associate under the "Effect of Termination" provision of this Clause shall survive the termination of this Contract.

(c) Interpretation. Any ambiguity in this Clause shall be resolved in favor of a meaning that permits the Government to comply with DOD 6025.18-R, the CFR HIPAA Privacy Rule, DOD 8520.02-R, the CFR HIPAA Security Rule and AFI 41-217.

8. SECURITY REQUIREMENTS:

8.1.1 The Contractor shall comply with the Privacy Act of 1974 (the Act) and AFI 33-332, the Air Force Privacy Act Program and the agency rules and regulations issued under the Act in the design, development operation of any system of records. Operation of a system means performance of any of the activities associated with maintaining the system of records, including the collection, use and dissemination of personal information. Systems of Records on individuals are defined as a group of any records under the control of an agency from which information is retrieved by the name of the individual or by some identifying number, symbol or other identification unique to the individual.

8.1.2 All records generated during the performance of the contract are considered Government records and shall be turned over to the Government upon termination of the Contract.

8.1.3 Records are considered to be all books, papers, maps, photographs, machine-readable materials or other documentary materials, regardless of physical form or characteristics, made or received by any agency of the Government under federal laws, or in connection with the transactions of public business, and preserved or appropriate for preservation by any agency, or its legitimate successor, as evidence of the organization, functions, policies, decisions, procedures, operations or other activities of the Government or because of the informational value of data in them. This includes all electronic records.

9. CONTRACTOR IDENTIFICATION:

9.1.1 All contractor management staff or contracted employee shall clearly be identified as such at all times, including conversations, mail, email, faxes, and/or other electronic communication whether with government personnel, other contractor personnel, or with public when supporting this contract. Likewise, the contractor shall abide by all applicable laws and regulations when using government equipment and services in performance of this contract. As a minimum, contractor management staff or contracted personnel shall clearly identify themselves as contractors by: wearing badges which clearly and legibly identify the employee as a contractor;

using the label “contractor” in email addresses in accordance with Federal Acquisition Regulation (FAR) 37.114. Medical Treatment Facility issued identification badge shall be worn above the waistline during the individual’s duty hours.

6. GENERAL INFORMATION