PWS_for_Art_Therapist_Services.pdf

PERFORMANCE WORK STATEMENT

Art Therapist Services

1. GENERAL.

1.1. Description of Work. The Contractor shall provide the services of Art Therapist Services for the Resilience &

Restoration Center, William Beaumont Army Medical Center also referred to as the military treatment facility

(MTF) and any of its outlying clinics located at Fort Bliss, Texas. The period of performance will be from 1 April

2016 to 30 September 2016 with four one-year options available. The contractor personnel performing the contracted service are hereafter referred to as the Health Care Provider (HCP). All care provided under this contract shall be as comprehensive as government-supplied facilities, equipment and support services permit.

1.1.1. This contract is a personal services contract and is intended to create an employer-employee relationship between the Government and the individual contract health care providers only to the extent necessary for providing the healthcare services required under this contract. The performance of healthcare services by the individual contract health care providers under a personal services contract are subject to day-to-day supervision and control by healthcare facility personnel comparable to that exercised over military and civil service health care providers engaged in comparable healthcare services. Any personal injury claims alleging negligence by the individual contract health care providers within the scope of the health care provider’s performance of the personal services contract shall be processed by

Department of Defense (DoD) in the same manner as claims alleging negligence by DoD military or civil service health care providers. The contract does not create an employer-employee relationship between the Government and any corporation, partnership, business association or other party or legal entity with which the contract health care provider may be associated. The authority for this contract is 10 United States Code 1089 and 10 United States Code 1091.

1.1.2. Performance Measurements Requirement Summary. The following performance objectives and measures will be used to evaluate Contractor performance and compliance under the contract. This information will be used to prepare annual past performance evaluations.

PERFORMANCE

MEASUREMENT

OBJECTIVE

STANDARD

ACCEPTABLE

QUALITY LEVEL

METHOD OF

ASSESSMENT

Submit profile application package of Qualified

Candidate. Para 1.7.1

Submit complete package. CV/Resume shall be submitted within fourteen days of contract award or notification of departing contract provider.

Monitored by COR.

Submit Credentials

Package. Para 1.7. 2

Submit complete credentials package

Credentials package shall be submitted no later than

30 days after completion of the Government’s acceptance of candidate provider.

Monitored by COR.

Patient and Customer satisfaction. Para 1.5.11.

Maintain a high level of patient and customer satisfaction.

No more than two substantiated patient complaints per HCP, per

12-month period of the contract.

Review assessment of customer complaints through patient and

Government Provider

Feedback. COR

Monitors.

Possess and maintain current certifications and licenses. Para 1.2.1.1. and

1.2.1.3

Provide certifications and licenses as required.

100% compliance. Annual review of COR files with input from MTF

Credentials Office.

Comply with Health and

Immunization

Requirements. Para 1.3.8.

Evidence that contract

HCP has complied.

100% compliance. MTF Occupational

Health Clinic where such records are maintained and reviewed.

Fill Shifts and insure

Retention of Qualified

Personnel. Para 1.4.2.

Maintain fill rates and do not exceed turnover rate.

Fill rate of at least 95% for the 12 month performance period.

Maintain employee turnover rate of no more than once per full-time requirement per year.

COR monitors.

Contractor Manpower

Reporting (CMR). Para 9.

Complete Contractor

Manpower Report.

Notify COR by the 5th working day due date whether or not completed.

Review CMR records to ensure was completed.

Contract Specialist and

COR Monitors.

1.1.3. The inspection and acceptance point for all services rendered under this contract will be by the designated COR in coordination with the C, Department of Behavioral Health or his designee. The performance by the HCP, the quality of services rendered, and any documentation or written material in support of same, shall be subject to continuous inspection, surveillance and review for acceptance by the Contracting Officer Representative (COR). Any services rendered by the HCP(s) to patients or interaction with military/civilian personnel deemed unprofessional/ threatening/dangerous by the Department Chief will be considered as grounds for immediate removal of the HCP and termination under t clause 52.212-4 (m) Termination for Cause. Services provided by the HCP shall be reviewed and rated in accordance with the MTF by-laws and Joint Commission (JC) standards. A poor rating shall be grounds for immediate removal of the HCP(s).

1.2. Qualifications and Requirements for Art Therapy Services.

1.2.1. Qualifications. The HCP(s) shall…

1.2.1.1. Possess a Master's degree in Art Therapy or be a licensed clinical social worker, licensed professional counselor or licensed clinical psychologist with coursework and training equivalent to that of a Master’ s degree in Art Therapy.

The contractor must have a minimum of one year post Master's experience as an Art Therapist with some experience working with adults. Knowledge of or experience with a military population is highly desirable.

1.2.1.2. The contractor must have a minimum of one year post Master's experience as an Art Therapist with some experience working with adults. Knowledge of or experience with a military population is highly desirable.

1.2.1.3. Have knowledge of the theory and practice of art psychotherapy.

1.2.1.4. Have knowledge of psychology.

1.2.1.5. Have knowledge of the limitations, capabilities and problems common to developmentally disabled clients and mentally ill patients.

1.2.1.6. Be skilled in applying art psychotherapy techniques.

1.2.1.7. Be skilled in communicating with mentally ill patients, developmentally disabled clients and staff.

1.2.1.8. Be skilled in assessing behavior, aptitude and performance of patients/clients and providing interpretive information.

1.2.1.9 Be skilled in determining and developing an effective treatment plan in art psychotherapy for patients. Have ability to motivate patients/clients;

1.2.2. Requirements.

1.2.2.1. Contract HCP shall be a U.S. citizen or otherwise meet the requirements of AR 25-2, Information Assurance.

1.2.2.2. Contract HCP shall not have been convicted of a felony.

1.2.2.3. Contract HCP shall successfully complete a criminal history background check in accordance with paragraph 7.4.

of the Performance Work Statement (PWS).

1.2.2.4. Contract HCP shall be able to read, write, and speak English well enough and enunciate with sufficient clarity to effectively communicate with patients and other health care providers.

1.2.2.5. Contract HCP shall possess sufficient initiative, interpersonal relationship skills and social sensitivity such that the HCP can relate to a variety of patients from diverse backgrounds.

1.2.2.6. Able to operate a personal computer utilizing Microsoft applications, such as Internet Explorer, Outlook, Word, Excel, etc., and efficiently utilize an Electronic Medical Record.

1.2.2.7. Contract HCP shall use the various clinical automation systems as required, such as, but not limited to Composite

Health Care System (CHCS), Armed Forces Health Longitudinal Technology Application (AHLTA), Ambulatory Data

System (ADS), and Defense Medical Human Resource System – internet (DMHRSi).

1.2.2.8. Contract HCP shall be required to meet Continuing Medical Education (CME) requirements in AR 351-3 or as determined by the provider’s state of licensure, whichever is more stringent. The Government will not reimburse for these costs.

1.2.2.9. Maintain a current Basic Cardiac Life Support (BCLS) issued by the American Heart Association throughout the term of employment

1.3. Administrative.

1.3.1. Use of short-term rotating HCPs seriously detracts from continuity of patient care that is of utmost importance.

Periods of not less than six months duration shall be provided by any primary HCP working under this contract.

Substitutes are permitted during extended (more than two consecutive weeks) scheduled or unscheduled absences of the primary HCP. The Contractor shall have adequate pre-credentialed replacement HCPs available in such instances so a lapse in coverage does not occur. Substitutes shall be as qualified and privileged as the primary HCP. Substitutes are not allowed so the HCP can accept another assignment or to meet the needs of the contractor.

1.3.2. In no case shall the total amount of compensation paid to an individual in any year under a Personal Services

Contract exceed the full time equivalent rate of $400,000.00 as established under Section 102 of title 3, chapter 2, United

States Code.

1.3.3. The use of non-compete conditions in employment agreements or in subcontracts (to prevent loss of personnel by the contractor) effective only during the period of the contract performance is acceptable. However, the use of non-compete conditions in employment agreements and/or in subcontracts that prevent employees and/or subcontractors of the incumbent from being interviewed by, employed, or accepting offers of employment and/or subcontracts by the new contractor on the follow-on contract is unacceptable. It hinders the government’s ability to accomplish the mission of providing medical care to beneficiaries. Inclusion of such conditions in an employer’s employment agreement and/or subcontracts will result in an offeror’s proposal being unacceptable. Awardee, and their subcontractors, may not include such conditions in employment agreements and/or subcontracts while performing under this contract.

1.3.4. Orientation and Training.

1.3.4.1. Prior to working, HCPs will be provided a Government paid orientation to familiarize HCPs with the policies and procedures of the MTF. Orientation attendance will be required of all HCPs and will be scheduled by the Contracting

Officer’s Representative (COR) or Department Chief during normal duty hours.

1.3.4.2. The Contractor shall ensure that each HCP is are knowledgeable of the policies and procedures of his/her specific place of duty and of the medical activity. The Contractor shall ensure HCPs receive any staff training required by the

MTF as a precondition/condition to performance. Such training may include instruction on automation processing, quality assurance policies and local in-service and safety briefings. This training shall be conducted during the scheduled shift of the HCP.

1.3.4.3. Government unique training. The Government may elect to provide unique Government training to HCPs who are performing services under this contract. If the Government elects to provide such training, the Government will provide such training at no additional expense to the Contractor or to the HCP. When directed by the Contracting Officer, HCPs shall attend all such training in a paid status as part of the normal services required and billed under the contract.

Such training shall require a performance commitment by the Contractor and the Contractor shall reimburse the

Government (by means of a reduction in an invoice) if a HCP fails to satisfy the performance commitment after the HCP receives the unique Government training. The amount of the reimbursement shall be the prorated cost of training, calculated based on the total cost of the training and the number of months by which the HCP fails to complete the performance commitment. The length of the performance commitment shall be 12 months or until the end of all performance under this contract, whichever occurs first. Details of any subsequent training agreement will be agreed upon by all parties, and such training agreements will be designated by modification to the contract.

1.3.4.4. Electronic Medical Record Keeping Systems. The Government will provide training to HCPs in the Electronic

Medical Record Keeping Systems and other procedures that the medical activity's staff is required to use. Access to such patient data systems is an "Automated Data Processing Sensitive" position requiring compliance with AR 25-2 and AR

380-67. Refer to the Additional Information section “ADP Security Requirements” in this contract for further guidance.

Training for CHCS/AHLTA/Essentris and other computer training will be scheduled through the COR prior to the HCPs providing direct patient care. The training will be on-site and during normal duty hours. This training will be at no cost to the Contractor.

1.3.4.4.1. Composite Healthcare Computer System (CHCS) and Armed Forces Health Longitudinal Technology

Application (AHLTA). CHCS contains the MTF’s appointment scheduling program, pharmacy, lab, and radiology ordering system and is interlinked with other departments in the MTF. The Government will provide training to HCPs in the CHCS/AHLTA and/or other procedures that the medical activity’s staff is required to use. Access to such patient data systems is an “Automated Data Processing Sensitive” position requiring compliance with AR 380-19 and AR 380-67.

1.3.4.4.2. Ambulatory Data System (ADS). This computer system produces forms on which the providers identify the appropriate billing codes for diagnoses and procedures for each patient.

1.3.4.4.3. Training for CHCS/AHLTA and other computer training will be scheduled through the COR prior to the HCPs providing direct patient care. The training will be on-site and during normal duty hours. This training will be at no cost to the Contractor.

1.3.4.4.4. If additional training is needed due to mission changes, the MTF Information Management Office will conduct required computer training. This training will be at no cost to the Contractor. The COR will schedule this training. The

MTF will not reimburse the Contractor for any expenses incurred while undergoing any computer training.

1.3.4.4.5. Anti-terrorism (AT) Level I Training. All contractor employees, to include sub-contractor employees, requiring access to army installations, facilities, and controlled access areas shall complete At Level I awareness training within 30 calendar days after starting performance under this contract or effective date of incorporation of this requirement into the contract whichever is applicable. The contractor shall submit certificates of completion for each affected contract employee and subcontractor employee, to the COR or to the KO within five calendar days after completion of training by all contractor/subcontractor personnel. AT level I awareness training is available at the following website:

https://atlevel1.dtic.mil/at

1.3.4.4.6 "Per AR 530-1, Operations Security, new and contractor employees must complete Level 1 OPSEC training within 30 calendar days of reporting for duty. All contractor employees must complete annual OPSEC training."

https://atlevel1.dtic.mil/at

1.3.5. Reports. The Contractor shall submit reports to the COR as requested for use in monitoring Contractor performance. Such reports may include, but are not limited to, personnel recruitment/credential status, projected losses, HCP locations.

1.3.5.1. Weekly Progress Report. Until the HCP is performing duties at the MTF and any other period where a replacement HCP is required, the Contractor shall provide to the Contracting Officer and the COR, on a weekly basis, a progress report indicating the candidate’s name, date identified by the Contractor, date the résumé was submitted to the

Government for review, date the credentials package was submitted to the Government, date the MTF privileged the provider, and the targeted start date.

1.3.6. Safety. The Contractor shall ensure that its HCPs comply with all installation safety regulations. Such regulations include, but are not limited to, general safety, fire prevention, and waste disposal. Copies of these regulations are on file in the medical activity safety office or may be obtained through the COR.

1.3.7. Security.

1.3.7.1. The Contractor shall ensure that all HCPs comply with the local installation requirements for vehicle registration and operation on the military facility. Any vehicle operated by the Contractor or its employees in performance of this contract must have the minimum liability coverage required by the state in which the performance is located.

1.3.7.2. The Contractor shall ensure that its HCPs comply with installation and MTF personnel identification and access requirements. The Contractor is responsible for absences of HCPs due to expired identification and access documents.

1.3.7.3. The Contractor shall be responsible for any keys issued by the Government to HCPs for use in the MTF. The keys shall not be duplicated. The Contractor shall be financially responsible for the replacement of any lost or duplicated keys and any associated locks. Lost or duplicated keys and/or locks shall be reported to the issuing party, Department

Chief, or COR immediately upon recognition of the loss or duplication. No unauthorized personnel shall be allowed entry into the locked area. The Contractor shall ensure that its HCPs lock all areas for which they possess a key when they are not using the area and at the close of the work period.

1.3.7.4. Safeguarding Material. The Contractor shall be responsible for safeguarding all Government property provided for Contractor use. The Contractor shall safeguard information of a confidential or sensitive nature. Neither the

Contractor nor any of its HCPs shall disclose or cause to be disseminated any information concerning the operation of the

MTF that could result in or increase the likelihood of the possibility of breach of security or interrupt the continuity of operations or which breach the requirements of the Federal Privacy Act of 1974. However, the Contractor may be required to provide testimony or deposition in lawsuits or other administrative, civil, or criminal proceedings.

1.3.8. Health. The Contractor shall ensure that all HCPs performing services under this contract comply with the health and immunization requirements as stated in the Additional Instructions section "Health and Immunization Requirements" in this contract at the time of initial request for clinical privileges and annually thereafter. The Contractor shall provide equally current certification of health for backup/replacement HCPs at the time of initial request for clinical privileges, and annually thereafter. The expense for all physical examinations to comply with the health requirements shall be borne by the Contractor at no additional cost to the Government.

1.3.9. Contracting Officer’s Representative (COR). The COR will be appointed in writing by the Contracting Officer after the contract is awarded. The Contracting Officer will provide a copy of this designation and COR contact information to the Contractor.

1.3.10. Billing. The Government will only pay for hours, days or units actually worked/provided. The Contractor shall only submit payment requests for hours, days or units actually worked/provided. Submitting a payment request for more than the amount due based on the number hours, days or units actually worked/provided may constitute fraud or a false claim and may result in administrative or criminal action or both.

1.4. Hours of Performance.

1.4.1. Normal hours of operation for out-patient clinic hours are from 7:30 a.m. to 4:30 p.m., Monday through Friday excluding federal holidays and some command directed training holidays. Hours scheduled for shifts do not include travel time involved in reaching the medical treatment facility nor do they include an unpaid lunch break of at least one-half hour.

1.4.2. Absences. All requests for time off will be coordinated in writing with the chief of the clinic where contracted services are being performed at least fourteen (14) days prior to the commencement of the requested time off. Such coordination does not negate the need for contract provider to comply with any requirement to coordinate his/her request for time off with his/her employer should such coordination be required of the contract provider. The government reserves the right to verify the hours worked by the contract provider not only by implementing sign-in/sign-out procedures, but by any other means, including requiring the contract provider to utilize a time clock should one be installed.

1.4.5. In the event of sudden illness or unforeseeable events necessitating the contract provider to take time off from his/her contracted duties, notification shall be made to the chief of the department where contracted services are being performed as soon as possible but no later than one hour prior to the time that contract provider was scheduled to provide contracted services. Such notification does not negate the need for contract provider to comply with any requirement to notify his/her contracting company of absences.

1.4.6. Closures. During anticipated closure of the facility due to command declared training holidays or during unplanned closure of the facility due to natural disasters, military emergencies, severe weather, or otherwise, the contractor shall not invoice the government for services no performed and the government will not be liable to the contractor for any such closures.

1.4.7. The Contractor shall maintain a 95% fill rate and shall not exceed a turnover rate of more than once per full-time requirement during a 12-month period of performance.

1.4.8. Holidays.

1.4.8.1. The following is a list of legal federal holidays as referred to elsewhere in the contract.

New Year’s Day January 1st

Martin Luther King's Birthday 3rd Monday in January

President’s Day 3rd Monday in February

Memorial Day Last Monday in May

Independence Day July 4th

Labor Day 1st Monday in September

Columbus Day 2nd Monday in October

Veteran's Day November 11th

Thanksgiving Day 4th Thursday in November

Christmas Day December 25th

NOTE: Any of the above holidays falling on a Saturday will be observed on the preceding Friday; holidays falling on a

Sunday will be observed on the following Monday. Any holidays that are declared by Presidential Executive Order shall be observed in the same manner as the holidays listed above. If the area in which a contract employee is scheduled to work is closed due to the holiday declared by an Executive Order and the employee is not required to report in, payment will not be made for those hours. Closures of the installation due to inclement weather or other such acts of God shall be handled in the same manner.

1.4.8.2. The military may designate a weekday as a Training Holiday if doing so would provide a three-day or four-day holiday weekend (e.g., Thanksgiving weekend, Friday is usually a military training holiday). For example, the following is a list of Training Holidays for Fiscal Year 2015 (1 Oct 14 – 30 Sep 15):

10 October 2014 Friday before Columbus Day

28 November 2014 Friday after Thanksgiving Day

24 December 2014 Wednesday before Christmas Day

31 December 2014 Wednesday before New Year’s Day

22 May 2015 Friday before Memorial Day

4 September 2015 Friday before Labor Day

1.4.8.3. During training holidays for active duty personnel, government employee civilians are encouraged to use annual leave. If not on leave, civilian employees must report to work. The same applies to contract employees. During training or excused absences, contract employees may use personal time off in accordance with the Contractor’s personnel policy, or report to work and may be required to work in a different department/or clinic of the hospital. Excused absences are subject to workload and mission requirements. Contract employee cannot work without an authorized government employee present.

1.4.9. Organizational Activities. During organizational activities the clinic/facility may close for normal operations and

Contractor services may not be required. The Contract employees are not authorized to participate in accordance with

MEDCOM regulation 715-3, paragraph 9.n., except during authorized meal times or if a specific waiver is granted by the

Commander, MEDCOM. The Government will only pay for work actually performed.

1.5. Conduct.

1.5.1. The Contractor shall ensure that each HCP records the time worked according to procedures determined by the

MTF to include documenting hours in DMHRSi.

1.5.2. The Department Chief where services are being performed, or the COR, will define the scope of practice. The

Contractor shall ensure that its HCPs do not introduce new procedures or services without prior approval of the

Department Chief or representative. In disagreements or deviations from established or new protocols, the Department

Chief or representative, will be the deciding authority.

1.5.3. The Contractor shall ensure that its HCPs comply with MTF policies regarding personal appearance and conduct.

1.5.4. The Contractor shall ensure that its HCPs abide by federal and local MTF regulations and requirements concerning the nature of limited privileged communication between patients and the HCP as may be necessary for security and personnel reliability programs. The Contractor shall also ensure that its HCPs abide by federal and local MTF regulations concerning the confidentiality of patient records, as embodied in federal statutes including the Privacy Act of 1974 and the Health Insurance Portability & Accountability Act of 1996. All regulations referenced are available for review from the COR or MTF. All medical records and reports are and will remain the property of the Government.

1.5.5. Contractor shall abide by all MTF policies, rules and ARs. All personnel shall maintain and support the standards necessary to meet JC and CMS (Centers for Medicare and Medicaid Services) certification. When commencing work under this contract, Contractor shall obtain an in-processing checklist from the COR and provide the COR a copy when completed. The Contractor shall wear a MTF identification badge. The COR/ACOR will assist the Contractor in obtaining the identification badge through the MTF S2/S3 Division-Security Officer. Upon termination of work at this

MTF, Contractor is required to return the hospital identification badge and out-process through the activities identified on the out-processing checklist obtained from the COR.

1.5.6. The Contractor shall ensure that its HCPs abide by MTF bylaws, the Joint Commission (JC), DoD and Medical

Department regulations with regard to Utilization Review and Quality Assurance directives, including, but not limited to, in-service training, maintenance of records, performance evaluation, and release of medical information.

1.5.7. The Contractor shall ensure that its HCPs make use of all appropriate equipment; supplies and services made available by the Government and shall ensure that its HCPs make referrals and seek consultations, as deemed necessary, for the optimal care of the patients.

1.5.8. Removal of HCPs.

1.5.8.1. Removal of HCPs. At any time during the performance of this contract, the Contracting Officer or COR may direct the Contractor to immediately remove any HCP whose actions or impaired state raises reasonable suspicion that clear and present danger of physical harm exists to a patient, other HCPs, Government personnel or to the impaired individual. This provision will be used in emergency situations only and not for the purpose of bringing performance issues or other non-urgent concerns to the attention of the Contractor.

1.5.8.2. If the need for a removal occurs, the COR will contact the Contractor's point of contact and direct the Contractor to remove that individual from the military facility and to not use that individual to perform any healthcare services required under this contract until the issue has been resolved by the Contracting Officer. The Contractor shall formally meet with the COR to discuss further action in accordance with the MTF Quality Assurance and Inspection (QA&I) Plan and AR 40-68. A review of the basis for removal will be made by the Contracting Officer within three working days after the COR directed the removal.

1.5.8.3. If, after any investigation deemed necessary by the Contracting Officer and discussions with the Contractor's representative, the Contracting Officer concludes that the HCP’s impairment requires permanent removal from performance under the contract, the Contracting Officer will notify the Contractor that permanent removal is required. In the event of disagreements between the Government and the Contractor's representative concerning matters of impaired

HCPs, the decision of the Contracting Officer will be final. During the period of time between the removal and the final decision of the Contracting Officer, the Contractor shall provide a backup/replacement HCP in accordance with the terms and conditions of this contract.

1.5.8.4. The Commander has the prerogative to hold in abeyance, to deny, or to summarily suspend clinical privileges/ practice when there is a reasonable cause to doubt the health care provider’s competence to practice or for any cause affecting the safety of patients or others. If such suspension/abeyance/revocation/restriction occurs, contract HCP is no longer authorized to perform under this contract. AR 40-68 outlines the adverse clinical privileging and practice actions for privileged personnel and adverse practice actions and peer review for non-privileged personnel.

1.5.9. Inquiries. Contractor shall ensure that its personnel do not respond to any media inquiries. Any inquiries from the media shall be immediately relayed to the chief of the clinic where services are being provided who will relay them to the

Public Affairs Officer. There shall be no interviews, comments, or any other response without the knowledge and approval of the MTF Commander. Other than routine inquiries from external agencies, all other inquiries and complaints shall be brought to the attention of the HCP’s Government supervisor.

1.5.10. Smoking. The Contractor shall ensure that its HCPs comply with the MTF smoking policy.

1.5.11. Complaints. Complaints will be validated by the Contracting Officer’s Representative and be reported in writing to the Contracting Officer and to the Contractor for action, if it constitutes a failure to perform, as determined by the

Government. Patients may also be a source of legitimate complaints that constitute a failure to perform. The contract provider shall have no more than two substantiated complaints per 12-month period per HCP. Any patient complaints received on services provided by the HCP will be taken very seriously at the MTF and as such will be considered a part of the inspection process. The Department Chief will submit documentation to the COR regarding all patient and/or clinical complaints. Receipt of two valid complaints on the HCP within any twelve-month period may be considered grounds for immediate removal.

1.6. Conflict of Interest.

1.6.1. The Contractor/HCP shall not bill the patient for services rendered under this contract. The Contractor/HCP shall be prohibited from receiving compensation of any kind for patients treated, procedures performed, or any other actions performed, except under the terms and conditions of this contract, at the rate specified.

1.6.2. The Contractor or HCP shall not, while performing services under this contract, advise, recommend, or suggest to persons eligible to receive medical care at Government expense that such persons should receive care from the Contractor or HCP at any place other than as designated under this contract and shall ensure that its HCPs do not do so.

1.6.3. The Contractor’s HCPs are not prohibited by reason of their employment under this contract from conducting private practice provided there is no conflict with the performance of services under this contract, subject to any agreement between the Contractor and its employees. The Contracting Officer will unilaterally resolve any issues concerning potential conflicts pertaining to the performance of this contract, not including disputes solely (as determined by the Contracting Officer) between the Contractor and its employees.

1.6.4. The Contractor shall not use Government facilities or other Government property in connection with conducting a private practice and shall ensure that its employees do not do so.

1.6.5. Confidentiality of Information. Unless otherwise specified, all financial, statistical, personnel, and/or technical data which are furnished, produced or otherwise available to the Contractor during the performance of this contract are considered confidential business information and shall not be used for purposes other than performance of work under this contract. The Contractor shall not release any of the above information without prior written consent of the

Contracting Officer and shall ensure that its employees do not do so. The Contractor shall not use patient care rendered pursuant to this contract as part of a study, research project, or publication and shall ensure that its employees do not do so.

1.7. License and Credentials Review or Privileging.

NOTE: Upon award of the contract the Contractor shall immediately contact the Credentials office or COR as outlined below.

1.7.1. The Contractor shall submit a curriculum vitae (CV) or résumé (as appropriate) of the proposed provider(s) to the

COR not later than (NLT) 14 days after award or day that contractor notifies MTF of the impending departure of a contract provider for review prior to beginning the credentialing process.

1.7.2. Credentialing Process.

1.7.2.1. Prime Source Verification is the responsibility of the Contractor. The Contractor shall provide either an original letter from the educational institution or certifying body attesting to the successful completion of specialty training or certification. Attestation of telephonic verification on Contractor letterhead is also acceptable and shall reflect the following information:

Date of verification

Name of individual and agency contacted

City, State, Phone Number and verification made (i.e., degree (type and dates))

Internship (type and dates)

Residency (name and dates of specific program)

Fellowship (name and dates of specific program)

Board certification (date certified and expiration date if applicable)

Licensure/certification/registration (current, inactive, expired) to include date granted, expiration date and confirmation that the licensure/certification/registration is in good standing.

1.7.2.2. The contractor shall verify successful credentialing with the COR prior to the arrival of any provider. Again, providers may NOT begin work until the credentialing process is complete.

1.7.2.3. The contractor shall, on a continuing basis, verify all information submitted to the MTF for the purpose of credentialing. During the term of the contract, the Contractor shall notify the COR upon becoming aware of any information that may compromise the provider’s credentials at the MTF. This includes, but is not limited to, information linking the provider with chemical dependency, a felony or malpractice.

1.7.4. The contractor shall not employ any individual to provide direct healthcare services whom, within 5 years prior to employment:

1.7.4.1. Has had his/her clinical privileges limited, suspended, or revoked by any healthcare facility, public or private, anywhere in the world.

1.7.4.1.1. This prohibition does not apply to any individual whose clinical privileges, although originally limited, suspended or revoked by a healthcare facility, were subsequently fully reinstated by the healthcare facility.

1.7.4.1.2. Limitation of clinical privileges, as used in this paragraph, refers to a partial withdrawal/reduction of clinical privileges as a result of a determination that or pending investigation to determine whether an individual has engaged in unprofessional conduct or substandard medical practice or is incompetent to perform certain medical practices.

1.7.4.2. Is the subject of a current or pending hearing or appeal brought by any healthcare facility, public or private, anywhere in the world, which may result in the limitation, suspension, or revocation of the individual's clinical privileges.

1.7.5. Requirements for privileging or for licensing verification are the same for replacement HCPs as for HCPs they are replacing.

1.7.6. The MTF Commander is the sole authority that can revoke or otherwise restrict the privileges of any HCP who he/she determines is not qualified to perform the contract services.

1.7.7. Once privileges are granted, subsequent actions taken concerning the privileges of HCPs, including any limitation on privileges, will be governed by the procedures in AR 40-68. Action that suspends, revokes, places in abeyance, or otherwise restricts the privileges of the HCP results in that HCP not being authorized to perform under the contract. Such action does not excuse the Contractor from performing. A replacement HCP must be provided according to the terms of this contract.

1.7.8. Adverse actions on HCP privileges, once the Commander takes action, may be appealed locally by the HCP under the provisions of AR 40-68, but may not be appealed by the Contractor.

1.7.9. Contractor will ensure that all licenses, registration, and/or certifications are maintained in a current status for as long as the contract HCP is providing contracted services via this contract.

1.8. Professional Liability.

1.8.1. Pursuant to 10 USC 1089(a), DoD shall process any personal injury claim alleging negligence by the HCP within the scope of the HCP’s performance under this contract as claims alleging negligence by DoD military or civil service

HCP. The Contractor or HCP is not required to maintain medical malpractice liability insurance, and the Government will not reimburse or otherwise pay for such insurance should any be purchased.

1.8.2. Responsibility and Procedures.

1.8.2.1. If any suit or action is filed or any claim is made against the HCP, which occurred as a result of work performed by the HCP under this contract, the HCP shall immediately notify the Contractor, the Contracting Officer and the

Department Chief of the appropriate services and promptly furnish them copies of all pertinent documents received.

1.8.2.2. The Contractor and HCP shall cooperate with the Government, without further compensation, in the processing, review, settlement, or defense of the suit, action, or claim; and authorize Government representatives to settle or defend the claim and to represent the HCP in, or take charge of, any litigation involved in such an action. The HCP may, at the

HCP’s own expense, participate in defense of such claim or litigation.

1.9. Quality Management.

1.9.1. Quality Control Plan (QC). The Contractor is required to follow the current QC program in place at the MTF to ensure that the medical services are provided at a level of quality that meets MTF standards.

1.9.2. Quality Assessment and Improvement (QA&I). The Government will monitor the Contractor's performance under this contract using the QA&I procedures established by the medical activity and pursuant to the Contract Terms and

Conditions - Commercial Items clause, paragraph entitled Inspection/Acceptance. Additionally, the Contractor's performance is subject to scheduled and unscheduled review by the QA&I Committee as defined by the medical activity

Quality Assurance (QA) Plan and AR 40-68.

1.10. Contractor Representation.

1.10.1. The contractor shall designate a representative for this contract. This representative may be employed under another contract/task order with the Contractor at the same MTF. At least ten working days prior to performance start date, the Contractor shall provide in writing to the COR, Contractor representative contact information. Changes in the contract representative, at any time after contract commencement, shall be in writing to the COR at least five working days prior to the change. If at any time there is only one HCP working in the facility for the Contractor, someone other than this HCP must be designated as the company representative and this representative may be off-site.

1.10.2. The contractor's representative shall, at no additional cost, meet with the COR when requested by the COR to discuss any problems that the Contractor's personnel may be experiencing during the performance of this contract.

Problems experienced by the Government with the Contractor's performance will be discussed and resolved. Unresolved problems will be referred to the Contracting Officer for resolution.

1.10.3. The contractor shall provide points of contact (POC) information for administration of the contract during normal business hours and after normal business hours. The POC for other than normal business hours will be contacted only in the event of emergencies. Accordingly, the named individual(s) shall possess sufficient corporate authority to effectively deal with emergency situations and the telephone number provided shall be functioning at all times other than normal business hours. If there are different POCs for different conditions, such as weekdays, weekends, holidays, clearly provide such information.

2. DEFINITIONS/ACRONYMS.

2.1. Definitions. Following is a list of basic definitions.

2.1.1. Armed Forces Health Longitudinal Technology Application (AHLTA). This contains the MTF’s appointment scheduling program, pharmacy, lab, and radiology ordering system and is interlinked with other departments in the MTF.

In addition, it contains the electronic medical records for MHS beneficiaries.

2.1.2. Backup Personnel. Pre-approved HCPs designated to move into the position of the primary HCP to perform required services for the duration of his/her absence.

2.1.3. Beneficiaries of The Military Healthcare System. Those individuals entitled to care at the MTF in accordance with

AR 40-3.

2.1.4. Clinical Privileges. Authorization by the Government to provide specific patient care and treatment services in the organization, within well defined limits, based on the individual's license, education, training, experience, competence, judgment and physical and mental health.

2.1.5. Composite Healthcare System (CHCS). An automated medical information system which will provide integrated support for the functional work centers of inpatient and outpatient care facilities, patient administration, patient appointments and scheduling, nursing, laboratory, pharmacy, radiology, and clinical dietetics.

2.1.6. Contracting Officer (KO). A person with the authority to enter into, administer, and/or terminate contracts/task orders and make related determinations and findings.

2.1.7. Contracting Officer’s Representative (COR). A Government employee selected and designated in writing by the

KO to act as his/her designated representative in administering a contract. A COR has no authority to change or modify the terms of a contract.

2.1.8. Defense Medical Human Resource System - Internet (DMHRSi). A system that allows time keeping for all employees.

2.1.9. Fill Rate. Ratio of hours (or shifts, as specified in the CLIN) ordered divided by hours (or shifts) worked.

Scheduled absences authorized per contract terms are excluded from fill rate calculations.

2.1.10. Military Time is on a 24-hour clock, e.g.:

8:00 a.m. - 0800

9:10 a.m. - 0910

Noon - 1200

8:00 p.m. - 2000

9:10 p.m. - 2110

Midnight - 2400

12:01 a.m. - 0001

2.1.11. Military Dates are written by placing the day of the month, followed by the first three letters of the month, followed by the last two digits of the year, e.g.:

January 2, 2014 - 2 Jan 14

January 10, 2014 - 10 Jan 14

2.1.12. Physician. Medical HCPs possessing a doctorate degree as a Medical Doctor (MD) or Doctor of Osteopathy

(DO).

2.1.13. Privileging Process. Process established by the MTF and AR 40-68 for granting clinical privileges to HCPs.

2.1.14. Quality Assessment and Improvement. Those actions taken by the Government to check services to determine if they meet the requirements of the Joint Commission, U.S. Army Medical Command, quality assurance and risk management program, and ensure that the Contractor and its HCPs comply with the terms and conditions of the contract.

2.1.15. Quality Control. Those actions taken by a Contractor to control the performance of services to ensure that they meet the requirements of the contract.

2.1.16. Replacement Personnel. HCPs selected to fill a position for the duration of the contract period that was previously occupied by another HCP.

2.1.17. TRICARE. A regionalized, tri-service, Contractor-supported, DoD-managed healthcare system.

2.2. Acronyms/Abbreviations. Following is a list of basic acronyms/abbreviations used in this contract.

ADP - Automated Data Processing

AR - Army Regulation

BCLS - Basic Cardiac Life Support.

CFR - Code of Federal Regulations

CHCS - Composite Health Care System

CLIN - Contract Line Item Number

CME - Continuing Medical Education

CMR - Contract Manpower Report

COR - Contracting Officer’s Representative

CPARS - Contractor Performance Assessment Reporting System

CPR - Cardiopulmonary Resuscitation

CV - Curriculum Vitae

DA - Department of the Army

DEA - Drug Enforcement Administration

DoD - Department of Defense

DODI - Department of Defense Instruction

DMHRSi - Defense Medical Human Resource System - Internet

FAR - Federal Acquisition Regulation

FBI - Federal Bureau of Investigation

FL - Form Letter

FTE(s) - Full Time Equivalent(s)

HCAA - Health Care Acquisition Activity

HCP - Health Care Provider

HHS - Health and Human Services

HIPAA - Health Insurance Portability & Accountability Act of 1996

IRC - Installation Record Check

JC - Joint Commission (formerly referred to as the Joint Commission on Accreditation of Healthcare

Organizations [JCAHO])

LOSS - Line of Sight Supervision

KO - Contracting Officer

MEDCOM - Medical Command

MTF - Medical Treatment Facility

NACI - National Agency Check with Inquiries

OSHA - Occupational Safety and Health Administration or Act

PAD - Patient Administration Division

PALS - Pediatric Advance Life Support

Pam - Pamphlet

PAR - Performance Assessment Report

PL - Public Law

POC - Point of Contact

PWS - Performance Work Statement (may also be referred to as work statement or statement of work)

QA - Quality Assurance

QA&I - Quality Assessment & Improvement

QC - Quality Control

SF - Standard Form

USC - United States Code

WRCO - Western Regional Contracting Office

WRMC - Western Regional Medical Command

3. GOVERNMENT PROPERTY.

3.1. The Government will provide use of all available MTF facilities and support services, materials, publications and forms, equipment, and specialty clothing required for contract performance (except as designated in the contract). The

Contractor shall ensure that its HCPs keep Government-furnished supplies, equipment, and work areas in a safe, orderly and clean condition. The Contractor shall notify the Government whenever maintenance of equipment is required.

Personal long distance calls are not authorized and the cost of all personal long distance calls made will be deducted from the Contractor’s invoice.

3.2. The Government will provide an MTF identification card and vehicle access stickers/passes. The Contractor shall ensure its HCPs comply with MTF policy regarding the identification cards and stickers/passes. The HCP shall coordinate with the COR in obtaining an identification badge and vehicle decal. The HCP shall wear the identification badge in accordance with MTF policy. The HCP shall surrender both identification badge and vehicle decal to the COR on his/her last contracted day of duty at the MTF.

3.3. Any space or equipment used by the Contractor’s HCPs in performance of this contract may be used by the

Government for other purposes during his/her absence. Items of clothing, personal effects, or equipment may not be able to be secured at all locations. The Government will not incur any liability for theft, damage to, or loss of such personal items.

3.4. Emergency health care for HCPs. The MTF will provide emergency health care for injuries or life threatening medical emergencies occurring while on duty. The Contractor shall reimburse the Government for such services as billed by the MTF, unless the HCP is otherwise authorized to receive such services at no cost (e.g., is retired military or is a military dependent).

4. CONTRACTOR-FURNISHED SUPPLIES/SERVICES.

4.1. Uniforms. The Contractor shall provide or ensure HCPs have their own stethoscopes and smocks.

4.2. The Contractor shall provide badges for all HCPs providing services under this contract.

4.3. The Contractor providing medical services under this contract shall have has his/her rubber stamp containing their full name, degree, title, DEA license number and company name (if applicable) or the word, "Contractor." The stamp shall be placed on all forms and documentation having the provider's signature:

EXAMPLES:

John J. Jones, M.D. John J. Jones, M.D.

Emergency Room Provider Emergency Room Provider

DEA #123456 DEA #123456

Jones Healthcare Company Contractor

5. SPECIFIC TASKS:

5.1. The contract provider shall perform all procedures commonly performed by a Art Therapist. Some of the more common diagnoses/conditions the contract provider can expect to encounter include pain management, depression, sleep deprivation, anxiety, headaches, and Post Traumatic Stress Disorder symptoms (PTSD). Other duties shall consist of, but are not limited to, the following:

5.2. Obtain and document a patient’s medical history. Assess problems or conditions and suggest appropriate Art

Therapist procedure, technique/treatment to patients.

5.3. Discuss with the patient therapeutic strategies for the health benefit of the patient.

5.4. Conserve health of patients by discussing the application of Art Therapist strategies by diversified knowledge of preventive, diagnostic, and therapeutic procedures.

5.5. Performance of acupuncture treatments while following professional Art Therapist protocols in a clinical setting.

Seek advice of consultants when appropriate.

5.6…