Performance_Work_Statement_Sources_Sought.docx

Patient Administration Division

Medical Transcription Services Performance Work Statement (PWS)

1. SCOPE OF WORK. The Contractor shall furnish all personnel, training, supervision, supplies, equipment, and other essential accessory (except as specified herein as government furnished) to provide medical transcription services as defined in this contract for William Beaumont Army Medical Center (WBAMC), Medical Record Administration Branch. Contractor shall provide services through remote access to dictation equipment. The performance shall be in accordance to standards contained in this PWS.

1. WBAMC has a fully automated dictation/transcription system consisting of Nuance Dictaphone/Transcription dictation system. Contractor shall have the capability to adequately interface with these systems to receive and transmit transcription data in accordance with the requirements of this contract. Contractor shall access the transcription system via high speed data link. Contractor will need to provide a sample of the equipment in their proposal.

1. This requirement is for non-personal services. Personnel rendering the services are not subject, either by the contracts terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees.

1. WORKLOAD. Contractor must be able to respond to workload variability. The estimated workload for this contract is 1,575,000 lines per year and may increase 10% / year over the contract period. The Contracting Officer's Representative (COR) will communicate on a weekly basis, or on as needed basis, with the contractor to identify the dictation workload required.

c. REPORT FORMAT. Contractor shall be paid per line of transcription; The Nuance Dictation/Transcription System is capable of maintaining line counts for each transcriptionist and will be referred to for purposes of payment and verification of work output. A line for this contract is 65(sixty-five) characters, with font size at 12 (twelve) in Arial (Industry Standard, (1) one minute = 12(twelve) lines).

d. ACCURACY/ERROR. Transcription will be reviewed for accuracy with no more than two errors per page. Errors will be deducted from invoice at the per line rate.

1. All edited reports shall be transcribed in keeping with WBAMC policy of 2-16 hour turnaround time for all Patient Administration Division (PAD) generated reports (See SPECIFIC TASKS OR ASSIGNMENTS, paragraph h). Appropriate deadlines may be substituted by WBAMC if requirements differ significantly.

e. HOURS OF PERFORMANCE. Transcription may be accomplished anytime during a 24-hour day, 7 days per week period. The Contractor shall be liable for continued performance of this contract in the event of a labor disputes, union strikes, and/or employee illness.

f. SYSTEM ACCESS. Access to dictation will be via remote high speed data link, into the Nuance Dictaphone Dictation/Transcription system to listen to and transcribe dictation. Contractor must provide equipment to access the Nuance Dictaphone Dictation/Transcription system. Contractor will gain access via WBAMC Virtual Private Network (VPN). Training on how to access the system will also be provided by the Government.

g. CONTRACTOR FURNISHED MATERIAL/EQUIPMENT/SUPPLIES. The Contractor shall furnish all computers and essentials required, authorized and unless otherwise stipulated herein necessary to provide transcription services in accordance with the requirements of this contract, but not limited to: IT permissions for interface/remote high speed data link with transcription system – Dictaphone, and Telenet into Composite Health Care System (CHCS), ESSENTRIS.

1. All contractor furnished equipment (computers) will require WBAMC Information Management Division (IMD) to image respective computer equipment with operating software to access hardware, software and equipment compatible with the Nuance Dictaphone Dictation/Transcription dictation system at William Beaumont Army Medical Center (WBAMC). Point of contact for specified computerized operating system questions only can be directed to the System Administrator – Dictaphone Nuance system.

1. Facsimile (Fax) service to receive Government provided information needed to transcribe reports, i.e., patient admission and discharge rosters, physician identification rosters and other demographic data.

1. All other equipment deemed necessary to accomplish off-site transcription.

1. Contractor will be responsible for all initial shipping charges incurred for proper imaging of furnished computer equipment (Vendor to WBAMC IMD destination). WBAMC, PAD section will be responsible for shipping charges incurred after proper imaging of vendor computer equipment (WBAMC-PAD to “one” centralized destination address).

j. GOVERNMENT FURNISHED EQUIPMENT. The Government will provide the following materials/equipment/supplies to the Contractor no later than the commencement of the contract period of performance:

1. Access to the WBAMC VPN.

1. Shipment of all equipment to the contractor.

1. Loaner equipment will be provided as needed, on a temporary basis, not to exceed 30 days.

1. List of physician names and ranks (list provided in CHCS).

1. Disposition: Upon completion of the contract, the Contractor shall return all government furnished items to the Government, not to exceed 10 days.

k. The contractor shall comply with OTSG/MEDCOM Policy Memo 13-062, Policy for Reporting Incidents of Sexual Assault and Sexual Harassment under the Sexual Assault Prevention and Response Program (SHARP), 12 Nov 2013. The SHARP reporting requirements apply only to knowledge obtained by contractor personnel while performing services under this contract.

l. The contractor shall require all Contract Service Providers (CSP) with knowledge of an incident of sexual assault occurring on a Government facility, to include a Government leased facility, where the contractor is providing services under this contract, to report the incident to the contractor who shall immediately (within 24 hours) report the incident in writing to the Government's COR. All incidents shall be reported whether they involve contractor personnel or Government personnel, or other individuals.

m. The contractor shall require all CSPs with knowledge of an incident of sexual harassment occurring on a Government facility, to include a Government leased facility, where the contractor is providing services under this contract, to report the incident to the contractor who shall immediately (within 24 hours) report the incident in writing to the Government's COR. All incidents shall be reported whether they involve contractor personnel or Government personnel, or other individuals.

n. The contractor shall ensure all service providers receive Sexual Harassment/Assault Response and Prevention (SHARP) training not later than 60 calendar days after contractor personnel begin performance under this contract. Training can be obtained either online or in person. Contractor personnel can attend SHARP training provided by MEDCOM on an every other month basis by contacting (210) 221-6118 for class date/time and availability. If the employee has an AKO account, they can access online the Team Bound Self Study course through Army Learning Management System (ALMS) at http://www.atsc.army.mil/tadlp/delivery/alms.asp

2. PERSONNEL.

a. General. The Contractor shall provide a workforce with the, skills, knowledge, and training to satisfactorily perform the services required by the Contractor. Contractor employees shall be qualified transcribers having extensive knowledge of medical terminology and specialized vocabulary peculiar to a wide variety of subjects including, but limited to medicine, surgery, psychiatry, and pharmaceutical.

b. All vendor personnel requiring a network account must meet investigative requirements in accordance with Army Regulation 25-2 – Information Assurance.

c. All vendor personnel requiring a network account must have the appropriate Information Assurance (IA) – Baseline Training certification and Computing Environment (CE) as required in accordance with AR 25-2.

d. Minimum Qualification Requirements.

1. Contractor's first line manager shall be a Certified Medical Transcriptionist (CMT) with active membership as a CMT, Association for Healthcare Documentation Integrity (AHDI) http://www.ahdionline.org/, or an Accredited Record Technician (ART) or Registered Health Information Administrator (RHIA).

1. Contractor personnel providing transcription services under this contract shall have a minimum of one (1) year experience transcribing medical records and an extensive knowledge of medical terminology and specialized vocabulary used in the field of medicine, surgery and pathology. Contractor Transcriptionist shall be Certified Medical Transcriptionist from a state accredited program.

1. Contractor personnel must understand a wide variety of pronunciations and enunciations originating from different ethnic and geographical backgrounds. Contractor personnel shall have complete knowledge of medical terminology pronunciation and enunciations originating from different ethnic and geographical backgrounds.

3. SPECIFIC TASKS OR ASSIGNMENTS

1. No Offshore Transcription. The contract services shall be performed within the United States of America. Contractor will maintain a continuous Quality Assurance Program for this contract.

1. Medical Record transcription shall be accomplished in the order in which they are received (first ones dictated, first ones transcribed.

1. Line Data Report/Invoice. The Contractor shall submit a monthly report/invoice showing the total number of lines transcribed via Wide Area Workflow (WAWF). Contractor shall fax, email or mail the original report/invoice to the COR by the third working day of the month following the month in which the reported work was accomplished. Copies of these reports/invoices will be maintained for the life of the contract by the contractor and COR.

1. Contractor shall access the digital dictation system to receive medical dictation and will transcribe data directly into the Dictaphone and the CHCS ESSENTRIS where it can readily be accessed for verification.

1. Contractor is responsible for use of correct grammar/punctuation, ensuring context of dictated material remains intact, and transcribing dictation into the required report formats.

f. The Government will provide adequate advance notice and a reasonable equitable adjustment to the Contractor in the event that changes in this format necessitate adjustment to automated data processing (ADP) equipment beyond the hardware and software.

g. From time the dictated data is available, completed transcription shall be made available for verification. Normal work hours for WBAMC Medical Record Administration Section are from 07:30 hours to 16:30 hours, Monday through Friday, excluding holidays. Therefore, a report dictated at 00:30 hours should be made available for verification by 12:30 hours.

h. Turnaround times for the different reports are as follows:

1. Narrative Summaries (NS) sixteen (16) hours

1. Operation Reports (OP) four (4) hours

1. Consultation Reports (CON) four (12) hours

1. Progress Notes (PROG NOTES) four (12) hours

1. Medical Evaluation Board (MEB) four (4) hours

1. Warrior Transition Unit Note (WTU) four (4) hours

1. Cardiac Catheterization Reports (CC) four (4) hours

1. History and Physical Exam (H&P) four (4) hours

1. STAT dictation (STAT) two (2) hours

i. Contractor shall request clarification of any inaudible dictated material from the COR within the prescribed turnaround times. Transcription of such material will be suspended from performance until clarification is provided.

j. Completed work will be reviewed by the COR for compliance with specification requirements. Deficiencies are subject to the Inspection of Services Clause. If the Government elects to have the Contractor re-perform the service, it shall be accomplished within the above designated turn-around times.

4. SECURITY.

1. The Government with the vendor’s assistance and cooperation must be able to obtain and provide proof of a Certificate of Networthiness, (CoN) and commence delivering transcription services within one week after awarding of effective date of transcription services contract.

1. Within one week from effective date of transcription services contract, the Contractor shall establish appropriate administrative, technical, and physical safeguards to protect any and all Army data, to ensure the confidentiality, integrity, and availability of Army data. As a minimum, this shall include provisions for personnel security, electronic security and physical security as listed in the sections that follow: Department of Defense Standard Contract Clause for Business Associates (Attached in contract).

c. Department of Defense Standard Contract Clause for Business Associates: A business-to-business (B2B) agreement between William Beaumont Army Medical Center (WBAMC) and the Contractor for secure access is required to be coordinated and completed 30 days after award. Contractor shall coordinate with WBAMC Information Management Division (IMD) for IP access. WBAMC shall provide the contractor with required client software via compact disc (CD). WBAMC shall provide terminal server access to required applications at our location (i.e. WBAMC). The Contractor shall provide a central server in order for contract employees to access required programs. Contractor shall authenticate their users through their centralized server. The Contractor shall ensure that every contract employee completes HIPAA and Information Assurance (IA) training before accessing WBAMC’s network. Contractor shall provide verification of completed training to the COR. Contractor shall be able to code encounters during CHCS, ESSENTRIS failover mode. In the event of a full network outage, WBAMC shall provide digital or scanned copies of transcriptions.

VII. Miscellaneous

(a) Survival. The obligations of under the “Effect of Termination” provision of this BAA shall survive the termination of the Agreement.

(b) Interpretation. Any ambiguity in the Agreement shall be resolved in favor of a meaning that permits the Covered Entity and the Business Associate to comply with the HIPAA Rules and the DoD HIPAA Rules.

e. 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.

Contractors and employees must have authorization (login and password) prior to being given access to the CHCS, ESSENTRIS and Dictaphone system through remote terminal devices. Safeguards will be implemented to ensure that only authorized persons use the terminal equipment. Login and passwords will be obtained from each person using this system from the WBAMC Information Management Division (IMD) System Administrator. Knowledge of individual password will be limited to that Person and passwords will not be shared. Passwords will be changed at least once annually.

f. Breach of security will facilitate termination of password for that individual involved. A brief statement of breach will be sent to the Information System Security Officer (ISSO) at WBAMC IMD for action or assistance, as well as to determine whether further action is necessary.

4. ADDITIONAL INSTRUCTIONS:

4.2 ADP Security Requirements.

4.2.1 Since contract employees shall have access to and / or process information requiring protection under the Privacy Act of 1974, these positions are considered “ADP Sensitive” positions. Compliance with DoD Directive 5200.28, DoD 5200.2-R, AR 25-2 and AR 380-67 is mandatory for ADP Sensitive positions. Therefore, National Agency Check with Inquiries (NACI) is required for each contract employee. The Contractor shall ensure that each HCP fully adheres with the provisions of referenced publications by making an appointment (through the COR) with the appropriate security organization at the installation. The HCP will be fingerprinted and required to complete the appropriate forms, usually a Standard Form 85-P, Questionnaire for Public Trust Positions. The Contractor is advised that a positive report for its contract employee is needed as a condition of employment under this contract. The Contractor shall ensure that its contract employee applies for the NACI within three workdays after start of performance.

4.2.2 Contractor employee may be required to sign a Computer User Agreement Acceptable Use Policy and complete End User Awareness Training prior to being given access to a Government computer of the local network. Despite anything to the contrary in the Computer User Agreement Acceptable Use Policy, Government computers and other resources shall only be used for official Government business related to the performance of the contract.

4.3 Criminal History Background Check Requirement.

4.3.1 A Criminal History Background Check is MANDATORY for those personnel involved in the delivery of healthcare to children under the age of 18 on a frequent and regular basis, and may be required for other healthcare providers in accordance with MTF policies currently require a CHBC for anyone accessing Government information systems and networks.

4.3.2 The Government will conduct a criminal background check on the HCP in accordance with the procedures set forth in PL 101-647 Section 231; PL 102-190, Section 1094, DoD Directive 5200-28, Enclosure 6 paragraph E6.4.1.2; DoD Directive 5200-2R; and DoDI 1402.5. The Contractor is responsible for ensuring background check submittals are initiated in accordance with the MTF procedures prior to providing services at the MTF, and that each of its HCPs is properly cleared and meets the requirements of the law. Background checks shall be based on fingerprints of individuals obtained by a law enforcement officer or MTF authorized security officer on a properly completed FD Form 258 (FBI US Department of Justice Fingerprint Card) together with SF 85P (Questionnaire for Public Trust Positions) and on inquiries conducted through the Federal Bureau of Investigation (FBI) and State Criminal History Repository check and a local Installation Record Check if required. The procedures for completing the required background check are outlined in the department of Defense Instruction (I) 1402.5 dated January 19, 1993; Subject; Criminal History background Checks on Individuals in Child Care Services; Enclosure 6, paragraph E6.4, Government Contract Employees. DoDI 1402.5 is available on the Internet at: http://www.dtc.mil/whs/directive/

4.3.3 If the contract employee has a DoD affiliation such as living or working on an installation within the last 5 years, or is a family member of active duty military, an Installation Record Check (IRC) shall be conducted by DoD component personnel at the installation level. No IRC is required on individuals without DoD affiliation. Upon favorable completion of the IRC, an individual may be selected to provide services to a minor child under line-of-sight supervision (LOSS) until the required background check are completed. Line-of-sight-supervision is defined at DoDI 1402.5, Enclosure 5.

4.3.4 Personnel may be employed under the contract pending completion of the background checks provided the activity uses line-of-sight-supervision while minor children are in the care of that individual. The HCP shall be within line-of-sight-supervision of a staff person whose background check has been successfully completed, or is in the presence of the child’s parent or guardian.

4.3.5 All clearance requests shall be submitted in accordance with the applicable directives specific to the MTF. The name and address of the MTF security section representative or the COR shall be included in the request as the recipient of the results in accordance with MTF procedures. If neither position exists, the KO shall be designated to receive a copy of the results.

4.3.6 Each contract employee has the right to obtain a copy of the background check report. The Contractor may obtain a copy of the background check report from the HCP or from the Government with the written consent of the HCP. The HCP should contact the COR for a copy of the results. The HCP, but not the Contractor, may challenge the accuracy and completeness of the information in the report by contacting the individual identified in the previous paragraph.

4.3.7 If a contract employee has previously received a background check, proof of the check shall be provided or a new one obtained. A new investigation is required if a break in service to the Department of Defense results in a time lapse of more than two years. Re-verification shall be accomplished every five years.

4.3.8. The contractor shall ensure all service providers receive Sexual Harassment/Assault Response and Prevention (SHARP) training not later than 60 calendar days after contractor personnel begin performance under this contract. Training can be obtained either online or in person. Contractor personnel can attend SHARP training provided by MEDCOM on an every other month basis by contacting (210) 221-6118 for class date/time and availability. If the employee has an AKO account, they can access online the Team Bound Self Study course through Army Learning Management System (ALMS) at http://www.atsc.army.mil/tadlp/delivery/alms.asp.

4.3.9. The contractor shall comply with OTSG/MEDCOM Policy Memo 13-062, Policy for Reporting Incidents of Sexual Assault and Sexual Harassment under the Sexual Assault Prevention and Response Program (SHARP), 12 Nov 2013. The SHARP reporting requirements apply only to knowledge obtained by contractor personnel while performing services under this contract.

4.3.10. The contractor shall require all Contract Service Providers (CSP) with knowledge of an incident of sexual assault occurring on a Government facility, to include a Government leased facility, where the contractor is providing services under this contract, to report the incident to the contractor who shall immediately (within 24 hours) report the incident in writing to the Government's COR. All incidents shall be reported whether they involve contractor personnel or Government personnel, or other individuals.

4.3.11. The contractor shall require all CSPs with knowledge of an incident of sexual harassment occurring on a Government facility, to include a Government leased facility, where the contractor is providing services under this contract, to report the incident to the contractor who shall immediately (within 24 hours) report the incident in writing to the Government's COR. All incidents shall be reported whether they involve contractor personnel or Government personnel, or other individuals.

4.4. Anti-terrorism/Operations Security (AT/OPSEC) Requirements

4.4.1. OPSEC Training. Per AR 530-1, Operations Security, new Contractor employees must complete Level I OPSEC training within 30 calendar days of their reporting for duty. All Contractor employees must complete annual OPSEC awareness training.

4.4.2. The contractor shall develop an OPSEC Standing Operating Procedure (SOP)/Plan within 90 calendar days of contract award, to be reviewed and approved by the responsible Government OPSEC Officer, per AR 530-1, Operations Security. This SOP/Plan will specify the Government’s critical information, why it needs to be protected, where it is located, who is responsible for it, and how to protect it. In addition, the contractor shall identify an individual who will be an OPSEC Coordinator. The contractor will ensure that this individual becomes OPSEC Level II certified in accordance with AR 530-1.

4.4.3. Access and General Protection/Security Policy and Procedures. Contractor and all associated subcontractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by Government representative). The Contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements as directed by DOD, Headquarter Department of the Army (HQDA) and/or local policy. In addition to the changes otherwise authorized by clause 52.212-4, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in Contractor security matters or processes.

4.4.4. iWATCH Training. The Contractor and all associated subcontractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity Antiterrorism Officer (ATO). This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 30 calendar days of contractor personnel starting performance and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 30 calendar days after contract award.

5. CONFLICT OF INTEREST. The Contractor shall not employ any person, either military or civilian, who is currently an employee of the United States Government, if the employment of that person has the potential of creating a conflict of interest, unless such person receives prior approval in accordance with applicable Government regulations.

6. THE JOINT COMMISSION (TJC). The Contractor is expected to comply with the requirements of The Joint Commission.

7. QUALITY CONTROL. The Contractor shall implement and maintain a Quality Control Plan.

8. QUALITY ASSURANCE. The Government will monitor the Contractor's performance under this contract using the quality assurance procedures and maintain transcribed reports which have been submitted to Contractor for correction/completion. This is to be performed by the COR. No more than two (2) errors, blanks, or omissions per single spaced page of approximately sixty-five (65) lines will be accepted.

9. STANDARDS. Minimum acceptable levels of performance required for this contract are as follows:

a. Ninety-eight (98%) percent of transcriptions shall be completed within the prescribed time-frame.

b. No more than two pages with errors per 100 pages of transcription.

10. EVALUATION OF CONTRACTOR PERFORMANCE. Contractor evaluations of performance will be provided to the Contractor at the time they are completed. The Contractor will be given a minimum of thirty (30) calendar days to discuss any evaluation with the Contracting Officer Representative. While the ultimate conclusion and content of an evaluation is a decision of the Government, the Contractor may submit rebutting statements of additional information at any time. Copies of such statements shall be appended to the evaluation and included in the contract files.

11. DEFINITIONS

1. Blanks. Dictated medical terminology not understood or unfamiliar to Contractor personnel, such as military facilities worldwide, medications, surgical instruments, etc., and omitted from transcription.

1. Correction. To adjust so as to meet a specific condition, as a standard to remove errors from.

1. Compatible. Capable of exchange/interchange between systems or devices without loss of content or format.

1. Contingencies. Unanticipated increases or decreases in the level of service required.

1. Contractor Discrepancy Report (CDR). A report, which is issued to and completed by the Government, whenever the Contractor's overall performance is unsatisfactory, as determined by failure, to achieve the AQL for a specific performance standard.

1. Error. Typing error, such as transposition of letters, wrong word, (misspelled, mistyped, or misunderstood, etc.).

1. The Joint Commission (TJC). A national organization dedicated to improving the care, safety, and treatment of patient's in healthcare facilities, and publishers of the TJC Accreditation manual.

1. Line. One line equals to approximately 65 (sixty-five) characters.

1. Minute. One (1) minute of dictation equates to twelve (12) lines or eight hundred and forty (840) characters.

1. Omissions. Anything clearly dictated or annotated in scanning log and left off the finished documents.

1. Performance Requirements Summary (PRS). A list of the primary products (i.e., service outputs) of the contract that will be evaluated by the Government to ensure Contractor performance standards are met by the Contractor.

1. Quality Assurance (QA) /Performance Improvement (PI). Those actions taken to check goods or services to determine if they meet required standards.

1. Quality Assurance Surveillance Plan (QASP). A document used by the Government for quality assurance surveillance and which contains procedures to evaluate the Contractor's performance.

1. Quality Control. Actions taken by a Contractor to control the production of goods or services so that they will meet the requirements of the contract.

1. Performance. Work redone by the Contractor due to Contractor error or omission.

1. Repetitions. Reprinting of a document /page due to a revision or lost copy by the originator (Government).

1. Re-type. Documents which need to be retyped or corrected due to physician error will be billed as new work.

1. Revision. A change to a document by the originator (Government) due to error or for adding information and will be billed as new work.

1. Transcribe. The act of typing information or data received from voice recordings, handwritten notes, or typed drafts into prescribed form or into predetermined formats as required or prescribed.

1. STAT. A dictation (usually a Narrative Summary, but can also be an Operation Report), which needs to be transcribed within two (2) hours, this includes, but is not limited to Air Evacuations, Medical Evaluation Boards, transplants, or physician clearing.

12. APPLICABLE PUBLICATIONS AND MANUALS

1. General. Documents applicable to this Statement of Work are listed below. Army publications shall be furnished at the start of the contract. The Contractor shall establish follow-on requirements with the WBAMC Information Management Division (IMD), Publication Branch. Supplements of amendments to these mandatory publications may be issued during the life of the contract. The Contractor shall ensure that all mandatory publications are posted and up-to-date. Publications shall be returned to the MTF upon completion of the contract.

1. Mandatory Directives and Publications. The following directives and publications are mandatory and applicable to this contract.

0. The Joint Commission (TJC).

1. Public Law 91-956, Occupational Safety and Health Act of 1970 and current amendments, 29 December 1970.

2. AR 340-21, The Army Privacy Program, 1 July 1985.

3. AR 40-66, Medical Record Administration, July 1992 or later.

4. OTSG/MEDCOM Policy Memo 13-062, dated 12 November 2013, SUBJECT: Policy for Reporting Incidents of Sexual Assault and Sexual Harassment under the Sexual Assault Prevention and Response Program (SHARP). Also, Army Regulation 600-20, Army Command Policy, 20 Sep 2012 applies.

13. TRANSITION. Contract will allow a maximum (7) day transition period after notification of award of the contract.

14. PERFORMANCE REQUIREMENTS SUMMARY

KEY AREAS OF PERFORMANCE:

15. CONTRACT MANPOWER REPORTING (Accounting for Contract Services) (Jul 2007). The Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the Contractor will report ALL Contractor manpower (including subcontractor manpower) required for performance of this contract. The Contractor is required to completely fill in all the information in the format using the following web address https://cmra.army.mil. The required information includes: (1) Contracting Office, KO, COR; (2) Contract number, including task and delivery order number; (3) Beginning and ending dates covered by reporting period; (4) Contractor name, address, phone number, e-mail address, identity of Contractor employee entering data; (5) Estimated direct labor hours (including subcontractor); (6) Estimated direct labor dollars paid this reporting period (including subcontractor); (7) Total payments (including subcontractor); (8) Predominant Federal Service Code (FSC) reflecting services provided by Contractor (and separate predominant FSC for each subcontractor if different); (9) Organizational title associated with the Unit Identification Code (UIC) for the Army Requiring Activity (the Army Requiring Activity is responsible for providing the Contractor with its UIC for the purposes of reporting this information); (10) Locations where Contractor and subcontractors perform the work (specified by zip code in the United States and nearest City, Country, when in an overseas location, using standardized nomenclature provided on website); (11) Presence of deployment or contingency contract language, and, (12) Number of contractor and subcontractor employees deployed in theater this reporting period (by country). (13) As part of its submission, the Contractor will also provide the estimated total cost (if any) incurred to comply with this reporting requirement.

Reporting period will be the period of performance not to exceed 12 months ending September 30 of each Government fiscal year and must be reported by 31 October of each calendar year. The Contractor shall notify the COR by the 5th working day of November whether or not they have completed this report. If the COR is unavailable, the Contractor will notify the KO.

Report Schedules are based on the Government’s Fiscal Year cycle, regardless of the contract period of performance cycle. If this order requires a final CMR report which does NOT align to the Fiscal Year; the final CMR report shall be due NLT 30 days after the performance period ends.

The following information is provided for the Contractor’s use in completing the above report:

Predominant Federal Service Code: R603 (Transcription Service)

Unit Identification Code for the Army Requiring Activity: W45NSV (William Beaumont Army Medical Center (WBAMC), Ft. Bliss)

PWS Attachment # 1

Exclusion from Participation in Federal Health Care Programs (October 2015)

1. The Contractor shall not employ or contract with any individual or entity (hereinafter collectively referred to as “person”) to provide items or services that will be included in invoices submitted to the Government under this contract if such person is listed on the Department of Health and Human Services (HHS) Office of the Inspector General (OIG) List of Excluded Individuals and Entities (LEIE) or the TRICARE Sanctioned Provider List. The Government is legally prohibited from paying for provision of items or services by such persons. The prohibition extends to services beyond direct patient care, such as services of persons in executive or leadership roles and administrative and management services, whether or not such services are billed separately. The LEIE may be found at http://oig.hhs.gov/fraud/exclusions.asp, and the TRICARE Sanctioned Provider list at http://www.health.mil/Military-Health-Topics/Access-Cost-Quality-and-Safety/Quality-And-Safety-of-Healthcare/Program-Integrity/Sanctioned-Providers. The LEIE and TRICARE Sanctioned Provider List are hereinafter collectively referred to as “the Lists.”

2. Prior to start of contract performance, the Contractor shall (a) query the Lists to determine whether the name of any person the Contractor employs or contracts with to provide services or items for which payment may be made under this contract appears on the Lists, and (b) certify to the Contracting Officer that the Contractor has queried the Lists and no such names appear on either of the Lists.

3. During performance of the contract, and prior to persons other than those whose names were queried in accordance with paragraph 2, above, (hereinafter “new persons”) providing services or items under the contract, the Contractor shall (a) query the Lists as in paragraph 2, and (b) certify to the Contracting Officer that the names of such new persons do not appear on either of the Lists.

4. The Contractor is advised that during performance of the contract, MTF personnel will perform a recurrent recheck of the names of contractor personnel working in the MTF against the Lists, as specified in OTSG/MEDCOM Policy Memo 15-037. The Government will notify the Contractor in the event any contractor personnel working in the MTF appear on either of the Lists.

5. Should any person providing items or services under the contract appear on either of the Lists at any time during contract performance, the Contractor shall (a) in cases where the Contractor identified the person, notify the Contracting Officer, and (b) promptly remove that person from the contract.

6. Violation of any aspect of the above paragraphs shall be considered a material breach of the contract and may result in termination of the contract.

7. The Contractor is further advised that, in accordance with Civil Monetary Penalties Law [CMP] (codified at 42 USC § 1320a-7a):

a. There are steep civil monetary penalties associated with billing the Government for providing items or services by a person on either of the Lists, and with failing to return to the Government any overpayments received for provision of such items or services.

b. Billing under the contract for provision of items or services by a person on either List may also result in exclusion of the person that employs or contracts with such person.

8. HHS OIG has issued a Special Advisory Bulletin on the Effect of Exclusion from Participation in Federal Health Care Programs with additional information on the CMP. The Special Advisory Bulletin may be found at http://oig.hhs.gov/exclusions/files/sab-05092013.pdf.

PWS Attachment # 2

Non-Defense Health Agency (Non-DHA) Health Insurance Portability and Accountability Act (HIPAA) Business Associate Agreement (BAA) (7 July 2014)

Introduction

In accordance with 45 CFR 164.502(e)(2) and 164.504(e) and paragraph C.3.4.1.3 of DoD 6025.18-R, “DoD Health Information Privacy Regulation,” January 24, 2003, this document serves as a BAA between the signatory parties for purposes of the HIPAA and the “HITECH Act” amendments thereof, as implemented by the HIPAA Rules and DoD HIPAA Issuances (both defined below). The parties are a DoD Military Health System (MHS) component, acting as a HIPAA covered entity, and a DoD contractor, acting as a HIPAA business associate. The HIPAA Rules require BAAs between covered entities and business associates. Implementing this BAA requirement, the applicable DoD HIPAA Issuance (DoD 6025.18-R, paragraph C3.4.1.3) provides that requirements applicable to business associates must be incorporated (or incorporated by reference) into the contract or agreement between the parties.

(a) Catchall Definition. Except as provided otherwise in this BAA, the following terms used in this BAA shall have the same meaning as those terms in the DoD HIPAA Rules: Data Aggregation, Designated Record Set, Disclosure, Health Care Operations, Individual, Minimum Necessary, Notice of Privacy Practices (NoPP), Protected Health Information (PHI), Required By Law, Secretary, Security Incident, Subcontractor, Unsecured Protected Health Information, and Use.

—Breach means actual or possible loss of control, unauthorized disclosure of or unauthorized access to PHI or other PII (which may include, but is not limited to PHI), where persons other than authorized users gain access or potential access to such information for any purpose other than authorized purposes, where one or more individuals will be adversely affected. The foregoing definition is based on the definition of breach in DoD Privacy Act Issuances as defined herein.

—Business Associate shall generally have the same meaning as the term “business associate” in the DoD HIPAA Issuances, and in reference to this BAA, shall mean [insert name of Business Associate signatory to this BAA].

—Agreement means this BAA together with the documents and/or other arrangements under which the Business Associate signatory performs services involving access to PHI on behalf of the MHS component signatory to this BAA.

—Covered Entity shall generally have the same meaning as the term “covered entity” in the DoD HIPAA Issuances, and in reference to this BAA, shall mean [insert name of MHS component signatory to this BAA].

—DHA Privacy Office means the DHA Privacy and Civil Liberties Office. The DHA Privacy Office Director is the HIPAA Privacy and Security Officer for DHA, including the National Capital Region Medical Directorate (NCRMD).

—DoD HIPAA Issuances means the DoD issuances implementing the HIPAA Rules in the DoD Military Health System (MHS). These issuances are DoD 6025.18-R (2003), DoDI 6025.18 (2009), and DoD 8580.02-R (2007).

—DoD Privacy Act Issuances means the DoD issuances implementing the Privacy Act, which are DoDD 5400.11 (2007) and DoD 5400.11-R (2007).

—HHS Breach means a breach that satisfies the HIPAA Breach Rule definition of breach in 45 CFR 164.402.

—HIPAA Rules means, collectively, the HIPAA Privacy, Security, Breach and Enforcement Rules, issued by the U.S. Department of Health and Human Services (HHS) and codified at 45 CFR Part 160 and Part 164, Subpart E (Privacy), Subpart C (Security), Subpart D (Breach) and Part 160, Subparts C-D (Enforcement), as amended by the 2013 modifications to those Rules, implementing the “HITECH Act” provisions of Pub. L. 111-5. See 78 FR 5566-5702 (Jan. 25, 2013) (with corrections at 78 FR 32464 (June 7, 2013)). Additional HIPAA rules regarding electronic transactions and code sets (45 CFR Part 162) are not addressed in this BAA and are not included in the term HIPAA Rules.

—Service-Level Privacy Office means one or more offices within the military services (Army, Navy, or Air Force) with oversight authority over Privacy Act and HIPAA privacy compliance.

I. Obligations and Activities of Business Associate

(a) The Business Associate shall not use or disclose PHI other than as permitted or required by the Agreement or as required by law.

(b) The Business Associate shall use appropriate safeguards, and comply with the DoD HIPAA Rules with respect to electronic PHI, to prevent use or disclosure of PHI other than as provided for by the Agreement.

(c) The Business Associate shall report to Covered Entity any Breach of which it becomes aware, and shall proceed with breach response steps as required by Part V of this BAA. With respect to electronic PHI, the Business Associate shall also respond to any security incident of which it becomes aware in accordance with any Information Assurance provisions of the Agreement. If at any point the Business Associate becomes aware that a security incident involves a Breach, the Business Associate shall immediately initiate breach response as required by part V of this BAA.

(d) In accordance with 45 CFR 164.502(e)(1)(ii)) and 164.308(b)(2), respectively), as applicable, the Business Associate shall ensure that any subcontractors that create, receive, maintain, or transmit PHI on behalf of the Business Associate agree to the same restrictions, conditions, and requirements that apply to the Business Associate with respect to such PHI.

(e) The Business Associate shall make available PHI in a Designated Record Set, to the Covered Entity or, as directed by the Covered Entity, to an Individual, as necessary to satisfy the Covered Entity obligations under 45 CFR 164.524.

(f) The Business Associate shall make any amendment(s) to PHI in a Designated Record Set as directed or agreed to by the Covered Entity pursuant to 45 CFR 164.526, or take other measures as necessary to satisfy Covered Entity’s obligations under 45 CFR 164.526.

(g) The Business Associate shall maintain and make available the information required to provide an accounting of disclosures to the Covered Entity or an individual as necessary to satisfy the Covered Entity’s obligations under 45 CFR 164.528.

(h) To the extent the Business Associate is to carry out one or more of Covered Entity's obligation(s) under the HIPAA Privacy Rule, the Business Associate shall comply with the requirements of HIPAA Privacy Rule that apply to the Covered Entity in the performance of such obligation(s); and

(i) The Business Associate shall make its internal practices, books, and records available to the Secretary for purposes of determining compliance with the HIPAA Rules.

II. Permitted Uses and Disclosures by Business Associate

(a) The Business Associate may only use or disclose PHI as necessary to perform the services set forth in the Agreement or as required by law. The Business Associate is not permitted to de-identify PHI under DoD HIPAA issuances or the corresponding 45 CFR 164.514(a)-(c), nor is it permitted to use or disclose de-identified PHI, except as provided by the Agreement or directed by the Covered Entity.

(b) The Business Associate agrees to use, disclose and request PHI only in accordance with the HIPAA Privacy Rule “minimum necessary” standard and corresponding DHA policies and procedures as stated in the DoD HIPAA Issuances.

(c) The Business Associate shall not use or disclose PHI in a manner that would violate the DoD HIPAA Issuances or HIPAA Privacy Rules if done by the Covered Entity, except uses and disclosures for the Business Associate’s own management and administration and legal responsibilities or for data aggregation services as set forth in the following three paragraphs.

(d) Except as otherwise limited in the Agreement, the Business Associate may use PHI for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate. The foregoing authority to use PHI does not apply to disclosure of PHI, which is covered in the next paragraph.

(e) Except as otherwise limited in the Agreement, the Business Associate may disclose PHI for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate, provided that disclosures are required by law, or the Business Associate obtains reasonable assurances from the person to whom the PHI is disclosed that it will remain confidential and used or further disclosed only as required by law or for the purposes for which it was disclosed to the person, and the person notifies the Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached.

(f) Except as otherwise limited in the Agreement, the Business Associate may use PHI to provide Data Aggregation services relating to the Covered Entity’s health care operations.

III. Provisions for Covered Entity to Inform Business Associate of Privacy Practices and Restrictions

(a) The Covered Entity shall provide the Business Associate with the notice of privacy practices that the Covered Entity produces in accordance with 45 CFR 164.520 and the corresponding provision of the DoD HIPAA Issuances.

(b) The Covered Entity shall notify the Business Associate of any changes in, or revocation of, the permission by an Individual to use or disclose his or her PHI, to the extent that such changes affect the Business Associate’s use or disclosure of PHI.

(c) The Covered Entity shall notify the Business Associate of any restriction on the use or disclosure of PHI that the Covered Entity has agreed to or is required to abide by under 45 CFR 164.522, to the extent that such changes may affect the Business Associate’s use or disclosure of PHI.

IV. Permissible Requests by Covered Entity

The Covered Entity shall not request the Business Associate to use or disclose PHI in any manner that would not be permissible under the HIPAA Privacy Rule or any applicable Government regulations (including without limitation, DoD HIPAA Issuances) if done by the Covered Entity, except for providing Data Aggregation services to the Covered Entity and for management and administrative activities of the Business Associate as otherwise permitted by this BAA.

V. Breach Response

(a) In general.

In the event of a breach of PII/PHI held by the Business Associate, the Business Associate shall follow the breach response requirements set forth in this Part V, which is designed to satisfy both the Privacy Act and HIPAA as applicable.