SPECIAL NOTICE
Q -- Cardiology Test Services for Tooele Army Dport, Deseret Chemical Depot, and Dugway Proving Ground, UT
- Notice Date
- 6/29/2011
- Notice Type
- Special Notice
- NAICS
- 621511
— Medical Laboratories
- Contracting Office
- Western Regional Contracting Office, ATTN: MCAA W BLDG 9902, 9902 Lincoln Street, Tacoma, WA 98431-1110
- ZIP Code
- 98431-1110
- Solicitation Number
- W91YU011T0211
- Archive Date
- 6/28/2012
- Point of Contact
- Christina McMurtry, 719-526-8132
- E-Mail Address
-
Western Regional Contracting Office
(christina.mcmurtry@us.army.mil)
- Small Business Set-Aside
- N/A
- Description
- Cardiology Test Services Tooele Army Depot, Deseret Chemical Depot and Dugway Proving Ground, UT Combined Synopsis/Solicitation This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. (1) Solicitation number W91YU0-11-T-0211 is issued as a Request for Quotation (RFQ). (2) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-52, effective 31 May 2011. (3) This solicitation and resultant contract is conducted as unrestricted under full and open competition using NAICS code 621511 and the associated small business size standard is $13,500,000. All responsible sources may submit an offer which shall be considered by the government. (4) A list of contract line item number(s), quantities and units of measure, including options. Unit of DescriptionQtyIssuePriceExt Price Base Year (1 Sep 11-31 Aug 12) 0001 Cardiology Exercise Stress Tests62Each 0002 Contractor Manpower Report1Each Option Year 1 (1 Sep 12-31 Aug 13) 1001 Cardiology Exercise Stress Tests31Each 1002 Contractor Manpower Report1Each Option Year 2 (1 Sep 13-31 Aug 14) 2001 Cardiology Exercise Stress Tests31Each 2002 Contractor Manpower Report1Each (5) Requirements for the service to be acquired. (1) The contractor shall provide cardiology services for the following test: Cardiac Stress Tests with report. These services shall be completed in accordance with the professional standards they are intended to be conducted. (2) Contractor shall provide written results of tests and fax or E-mail results to the Director, Health Services, U.S. Army Health Clinic, Tooele Army Depot, Deseret Chemical Depot, and Dugway Proving Ground Utah within three working days after each test. The fax number and E-mail address will be provided by the government. (3) Cardiology professionals providing services under this Performance Work Statement shall be properly certified and licensed in the state of Utah. Contractor shall provide certifications and licenses upon request from the government. (4) The government requires the cardiology tests be conducted within 120 miles radius of Dugway Proving Ground, Deseret Chemical Depot, and Tooele Army Depot, UT. Performance Work Statement is attached. (6) Date(s) and place(s) of delivery and acceptance and FOB point. Base Year (1 Sep 11-31 Aug 12) Option Year 1 (1 Sep 12-31 Aug 13) Option Year 2 (1 Sep 13-31 Aug 14) Place of Contract Performance: Contractor's facility. Freight on Board: Destination. (7) The provision at 52.212-1, Instructions to Offerors -- Commercial, applies to this acquisition and the following addenda is provided. Addendum to 52.212-1: (a) Deletions to 52.212-1: Paragraphs 52.212-1(d),(e), (h), and (i) are deleted (b) Replacements to 52.212-1: Paragraph 52.212-1(b), Submission of Offers, Replace with the following: (a) General: (i) Whenever, the words "offer," "proposal," "offerors," or similar terms are used in this solicitation, they shall be read to mean "quotation," "quoter," or similar corresponding term to reflect that this solicitation is a request for quotation and not a request for proposal or an invitation for bids. (ii) Once the Contracting Officer has decided to whom an offer will be issued, an offer requiring the quoter's signature will be issued. A contract will be in existence once both the quoter and the Contracting Officer have signed the contract. (b) Quotation packages shall consist of the following items. (i) Quotation package should include solicitation number W91YU0-11-T-0211, and be signed by an authorized company representative. (ii) Contract Line Item Numbers (CLINS). Provide pricing for each CLIN. (iv) Completed copy of DFARS 252.212-7000 Offeror Representation and Certifications -Commercial Items (see attached). (v) Complete copy of FAR 52.212-3 Offeror Representations and Certifications - Commercial Items, or a statement indicating that you have completed on-line at https://orca.bpn.gov/. (vi) Written overview of experience and equipment used in providing required test. No more than two pages. (vii) Past Performance: The purpose of the past performance information is to allow the government to assess the bidder's ability to perform the effort described in this RFQ. The bidder shall provide a list of no more than two contracts with federal agencies or commercial customers within the last three years. Contracts include performance of efforts involving similar audiology testing as the effort described in this solicitation. Past performance information will take into account past performance information regarding, key personnel who have relevant experience, or subcontractors that will perform major or critical aspects of the requirement. Furnish the following information for each contract listed: (i) Federal agency or commercial customer name (ii) Title and a brief summary of the Product/Service (iii) Contract or Project Number (iv) Contract Dollar Value (v) Period of Performance (vi) Verified, up-to-date name, address, E-mail address & telephone number of the client's project manager (if applicable) (vii) Comments regarding any known performance deemed unacceptable to the customer, or not in accordance with the projects terms and conditions. (viii) If a teaming arrangement is contemplated, provide complete information as to the arrangement, including any relevant and recent past performance information on previous teaming arrangements with same partner. If this is a first time joint effort, each party to the arrangement must provide a list of past and present similar contracts. Paragraph 52.212-1(c), Period for Acceptance of Offers. Replace with the following: GOVERNMENT MINIMUM ACCEPTANCE PERIOD. The offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers, unless the government specifies another time period in an addendum to the solicitation. The Government will not consider offers providing less than 90 calendar days for Government acceptance. (End of Addendum to 52.212-1) (8) The provision at 52.212-2, Evaluation -- Commercial Items, applies to this acquisition. The specific evaluation criteria to be included in paragraph (a) is as follows: Award will be made using Lowest Price Technically Acceptable (LPTA) process. The bidder shall provide a written overview of experience, equipment, and/or software used in providing the necessary tests. The written overview will be evaluated for familiarity and knowledge of performing tests (i.e technically acceptable). Also, provide distance, in miles, from Dugway Proving Grounds, Tooele Army Depot, and Deseret Chemical Depot, UT to physical address in which the exercise stress test will be accomplished (i.e technically acceptable). The written overview will be determined as "pass" or "fail". Award will then be made on the basis of the lowest evaluated price of quotes meeting or exceeding the technical acceptability standards. Also, technical acceptability, for relative importance, is the same as price. Bidders with no relevant past or present performance history shall receive be treated neither favorably nor unfavorably. Paragraphs (b) and (c) will be used and remain unchanged. (See Attached file named 52.212-2). (End of Addendum to 52.212-2) (9) Bidder's shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications -- Commercial Items, or a statement indicating that you have completed on-line at https://orca.bpn.gov/, with its offer. (10) The clause at 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition and addenda to the clause is as follows: Addenda to FAR 52.212-4(c): UNILATERAL MODIFICATIONS. The Government may make unilateral modifications considered administrative in nature. These include, but are not limited to, changes in the accounting and appropriation data, payment and issuing office addresses, and other corrections that have no effect on the terms and conditions of the contract. --Paragraphs (l) and (m) are deleted in their entirety. (End of Addendum to 52.212-4) (11) The clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders -- Commercial Items (Deviation), applies to this acquisition. (12) Additional contract terms and conditions: Clauses Incorporated by Reference: 52.252-6 Authorized Deviations in Clauses, 52.204-9 Personal Identity Verification of Contractor Personnel, 52.222-3 Convict Labor, 52.222-21Prohibition of Segregated Facilities, 52.222-26 Equal Opportunity, 52.222-50, Combat Trafficking in Persons, 52.223-18 Contractor Policy to Ban Text Messaging While Driving, 52.225-13 Restriction on Certain Foreign Purchases, 52.225-25 Prohibition of Engaging in sanctioned Activities Relating to Iran-Certification, 52.232-33 Payment by Electronic Funds Transfer-Central Contractor Registration, 52.233-3 Protest After Award, 52.233-4 Applicable Law for Breach of Contract Claims, 52.247-27 Contract Not Affected by Oral Agreement, 52.252-1 Solicitation Provisions Incorporated by Reference, 52.252-5 Authorized Deviations In Provisions. The following DFARS clauses apply: 252.201-7000 Contracting Officer's Representative, 252.203-7000 Requirement Relating to Compensation of former DoD Officials, 252.203-7002 Requirement to Inform Employees of Whistleblower Rights, 252.204-7000 Disclosure of Information, 252.204-7003 Control of Government Personnel Work Product, 252.212-7001 Deviation, Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items; 252.232-7003, Electronic Submission of Payment Requests, 252.232-7010 Levies on Contract Payments, 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel, 252.247-7023 Alt III Transportation by Supplies By Sea. The full text version of FAR and DFARS provisions and clauses may be accessed electronically at http://farsite.hill.af.mil/vffara.htm. (13) The Defense Priorities and Allocations System (DPAS) is not applicable to this acquisition. (14) Please submit the requested information no later than 13 July 2011 (Wednessday), 2:00 pm Mountain Standard time to the POC listed below. E-mail is the preferred method of proposal submission. Please note, all questions must be received no later than three business days prior to the closing date. The Government reserves the right to not answer questions not meeting this timeline if doing so would result in an amendment requiring an extension of the solicitation and to extend would not be in the best interest of the Government. (15) Ms. Christina McMurtry, phone: 719-526-8132, fax: 719-524-5405, or E-mail: christina.mcmurtry@us.army.mil. PERFORMANCE WORK STATEMENT CARDIOLOGY TESTING SERVICES 1. GENERAL 1.1. DESCRIPTION OF WORK. The Contractor shall provide specialized Cardiology Testing services for the Utah Occupational Health Clinics at Tooele Army Depot, Deseret Chemical Depot, and Dugway Proving Ground. 1.1.1. This contract is a NON-PERSONAL SERVICES contract under which the personnel rendering the services are not subject, either by the contract's terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees. 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. See Attachment 1, Quality Assurance Surveillance Plan (QASP), for additional details. PERFORMANCE MEASUREMENT OBJECTIVESTANDARDACCEPTABLE QUALITY LEVELMETHOD OF ASSESSMENT Meet Requirements. Para 1.2. Maintain Qualifications and RequirementsComply initially and annually 100% of the time.Annual review of COR files. Patient and Customer satisfaction. Para 1.5.2. Maintain a high level of patient and customer satisfaction. No more than two substantiated patient complaints for the entire contract. Review assessment of customer complaints through patient and Government Provider Feedback. COR Monitors. Comply with reporting Requirements. Para 4.Fax results to the MTF within three days 100% of the timeAll required documentation processed. No significant omissions.Tracked throughout the contract period of performance. COR Monitors. Contractor Manpower Report (CMR). Para 7.Complete Contractor Manpower Report by 31 Oct each year. Notify COR by the 5th working day of November whether or not completed.Completed report.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 department where the services are being provided. The performance by the contract personnel, 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 KO Representative (COR) or designated representative. Any services rendered by the contract personnel to patients or interaction with civilian personnel deemed unprofessional/ threatening/dangerous by the Department Chief will be considered as grounds for immediate removal of the CP and termination under clause 52.212-4 (m) Termination for Cause. 1.2. REQUIREMENTS. 1.2.1. The Contractor shall perform Cardiac Exercise Stress Tests Services IAW American College of Cardiology Guidelines. 1.2.2. The Cardiologist compiling the test results from the testing services shall be Board eligible/Board Certified at the time of graduation in general Cardiology. 1.2.3. Cardiologist providing services under this Performance Work Statement shall be properly certified and licensed in the state of Utah. Contractor shall provide certifications and licenses upon request from the government. 1.2.4. Contractor testing facility shall be located within a 120 miles of Tooele Army Depot, Deseret Chemical Depot, and Dugway Proving Ground. 1.3. ADMINISTRATIVE. 1.3.1. Contracting Officer's Representative (COR). The COR will be appointed in writing by the KO after the contract is awarded. The KO will provide a copy of this designation and COR contact information to the Contractor. 1.3.2. Billing: The Government will only pay for Exercise Stress Tests actually provided. The Contractor shall only submit payment requests for Exercise Stress Tests with evaluation reports that are actually provided. Submitting a payment request for more than the amount due based on the number of Exercise Stress Tests actually 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. Cardiology Testing shall be available Monday through Friday, 52-weeks per year with the exception of Federal Holidays. 1.4.2. Holidays. 1.4.3.1. The following is a list of legal federal holidays as referred to elsewhere in the contract. New Year's DayJanuary 1st Martin Luther King's Birthday3rd Monday in January President's Day3rd Monday in February Memorial DayLast Monday in May Independence DayJuly 4th Labor Day1st Monday in September Columbus Day2nd Monday in October Veteran's DayNovember 11th Thanksgiving Day4th Thursday in November Christmas DayDecember 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. 1.5. CONDUCT. 1.5.1. 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 COR, who will relay them to the Contract Officer (KO). There shall be no interviews, comments, or any other response without the knowledge and approval of the Contract Officer. Other than routine inquiries from external agencies, all other inquiries and complaints shall be brought to the attention of the COR. 1.5.2. Complaints. Complaints will be validated by the COR and be reported in writing to the KO 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 Contractor shall have no more than two substantiated complaints per 12-month period. 1.6. 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 KO. 2. DEFINITIONS/ACRONYMS. 2.1. Definitions. Following is a list of basic definitions. 2.1.1. Contracting Officer (KO). A person with the authority to enter into, administer, and/or terminate contracts/task orders and make related determinations and findings. 2.1.2. 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. 2.1.3. 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 2.1.4. 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 02, 2011 - 02 Jan 11 January 10, 2011 - 10 Jan 11 2.1.5. 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. 2.1.6. Quality Control. Those actions taken by a Contractor to control the performance of services to ensure that they meet the requirements of the contract. 2.2. 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. BLS-Basic Life Support CFR-Code of Federal Regulations CLIN-Contract Line Item Number CMR-Contract Manpower Report CONUS-Continental United States COR-Contracting Officer's Representative CPARS-Contractor Performance Assessment Reporting System CPR-Cardiopulmonary Resuscitation CV-Curriculum Vitae DA-Department of the Army DCCS-Deputy Commander for Clinical Services DEA-Drug Enforcement Administration DoD-Department of Defense DODI-Department of Defense Instruction ECFMG -Educational Commission for Foreign Medical Graduates EFT-Electronic Funds Transfer EKG-Electrocardiogram ETS-Expiration Term of Service FAR-Federal Acquisition Regulation FBI-Federal Bureau of Investigation FL-Form Letter FPP-Family Practice Physician 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 IAW-In Accordance With IRC-Installation Record Check IV-Intravenous 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 MEDDAC-Medical Department Activity MTF -Medical Treatment Facility NACI-National Agency Check with Inquiries NCOIC-Noncommissioned Officer in Charge NP-Nurse Practitioner OCONUS-Outside the Continental United States OIC-Officer in Charge OSHA-Occupational Safety and Health Administration or Act PA-Physician Assistant PAD-Patient Administration Division PALS-Pediatric Advance Life Support Pam-Pamphlet PAR-Performance Assessment Report PCF-Practitioner's Credentials File PCO-Procurement KO/Procuring KO PCS-Permanent Change of Station 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 RN-Registered Nurse LPN_ Licensed Practical Nurse RFQ-Request for Quotation RFP-Request for Proposal RPO-Radiation Protection Officer SF-Standard Form SRP-Soldier Readiness Processing TAB-Therapeutic Agents Board TDY-Temporary Duty TO(s)-Task Order(s) USC-United States Code USPS-United States Postal Service WRCO-Western Regional Contracting Office WRMC-Western Regional Medical Command 3. GOVERNMENT PROPERTY 3.1. The Government will not provide facilities and support services, materials, publications and forms, equipment, and specialty clothing required for contract performance (except as designated in the contract). 4. SPECIFIC TASKS. The Contractor shall provide services to conduct Exercise Stress Tests. The contractor shall evaluate test data and provide a resulting report. The resulting report will be completed and faxed within three working days to the Director, U.S. Army Health Clinics, Tooele Army Depot Deseret Chemical Depot, and Dugway Proving Ground, Utah. 5. APPLICABLE TECHNICAL ORDERS, SPECIFICATIONS, REGULATIONS, AND MANUALS. 5.1. Following is a list of basic publications applicable to this contract. Current issues of many DA publications can be accessed at http://www.usapa.army.mil. Current issues of many forms can be accessed at http://www.usapa.army.mil. Publications and forms not on the internet can be obtained from the MTF. 5.1.1. The Publications have been coded as mandatory or advisory. The Contractor is obligated to follow those coded as mandatory only to the extent that they apply to this contract. Supplements, amendments, or changes to these mandatory publications may be issued during the life of the contract. Advisory publications may be used for information and guidance but are not binding for compliance. 5.2. Publications. 5.2.1. Mandatory. 10 USC 1089-Defense of Certain Suits Arising Out of Medical Malpractice 10 USC 1091-Personal Services Contracts PL 91 596-Occupational Safety and Health Act 0f 1970 PL 101-647, Section 231 -Crime Control Act of 1990 PL 102-190, Section 1094 -National Defense Authorization Act PL 104-191k-Health Insurance Portability and Accountability Act of 1996 DoD Directive 5200.28-Security Requirements for Automated Information Systems (AISs) DoD 5200.2-R-Personnel Security Program DoD 6025.18-R -Department of Defense Health Information Privacy Regulation DoD 8580.02-R -DoD Health Information Security Regulation DoDI 1402.5-Criminal History Background Checks on Individuals in Child Care Services Applicable MTF Standard Operating Procedures (SOPs) and Policies: AR 25-2-Information Assurance AR 40 1-Composition, Mission, and Functions of the Army Medical Department AR 40 3-Medical Services: Medical, Dental, and Veterinary Care AR 40-4-Army Medical Department Facilities/Activities AR 40 5-Preventive Medicine AR 40-48-Non-Physician HCPs AR 40 66-Medical Records Administration and Health Care Documentation AR 40 68-Clinical Quality Management AR 40-501-Standards of Medical Fitness AR 40-562-Immunizations and Chemoprophylaxis AR 340 21-The Army Privacy Program (05 Jul 85) AR 351-3-Professional Education and Training Programs of the Army Medical Department AR 380-19-Information Systems Security AR 380-67-The Department of the Army Personnel Security Program AR 385 40-Army Accident Investigations and Reporting AR 600 85-Army Substance Abuse Program Civilian Services MEDCOM Reg 715-3-Contractor/Contractor's Employees and MEDCOM Personnel Relationships 5.2.2. Advisory. AR 310 25-Dictionary of United States Army Terms MEDCOM Pam 25 31 -Index of Command Administrative Publications (16 Sep 02) 5.3. The following is a listing of forms that may be required, and may customarily be used by a HCP performing services. A complete list of forms can be accessed at http://www.apd.army.mil/AdminPubs/ProductMap.asp. 5.3.1. Standard Forms. SF 85-P-Questionnaire for Public Trust Positions SF 88 -Medical Record - Report of Medical Examination SF 93-Report of Medical History SF 504-Medical Record - History SF 505-Medical Record - History - Parts 2 and 3 SF 506-Medical Record - Physical Examination SF 507-Medical Record SF 509-Medical Record - Progress Report SF 513-Medical Record - Consultation Sheet SF 515-Medical Record Tissue Examination SF 519 B-Radiologic Consultation Request/Report (Radiology/Nuclear Medicine/Ultrasound/ Computed Tomography Examinations SF 523-Medical Record -Authorization for Autopsy SF 523A-Disposition of Body SF 541-Medical Record - Gynecologic Cytology SF 550-Medical Record -Urinalysis SF 551-Medical Record -Serology SF 557-Medical Record - Miscellaneous SF 558-Medical Record - Emergency Care and Treatment SF 600-Medical Record - Chronological Record of Medical Care 5.3.2. Department of Army. DA 3894-Hospital Report of Death DA 4106-Incident Report DA 4700-Medical Record - Supplemental Medical Data DA 5008-Telephone Medical Advice/Consultation Record 5.3.3. Department of Defense. DD 577-Appointment/Termination Record - Authorized Signature DD 689-Sick Slip, Individual DD 1289-Prescription Form DD 2161-Medical Care, Referral for Civilian DD 2795-Pre-Deployment Health Assessment Questionnaire DD 2796-Post-Deployment Health Assessment 5.3.4. Other Forms. FD Form 258 - FBI US Department of Justice Fingerprint Card 6. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (6 MAY 10). In accordance with DoD 6025.18-R "Department of Defense Health Information Privacy Regulation," January 24, 2003, the Contractor meets the definition of Business Associate. Therefore, a Business Associate Agreement is required to comply with both the Health Insurance Portability and Accountability Act (HIPAA) Privacy and Security regulations. This clause serves as that agreement whereby the Contractor agrees to abide by all applicable HIPAA Privacy and Security requirements regarding health information as defined in this clause, and in DoD 6025.18-R and DoD 8580.02-R, as amended. Additional requirements will be addressed when implemented. (a) Definitions. As used in this clause generally refer to the Code of Federal Regulations (CFR) definition unless a more specific provision exists in DoD 6025.18-R or DoD 8580.02-R. Individual has the same meaning as the term "individual" in 45 CFR 160.103 and shall include a person who qualifies as a personal representative in accordance with 45 CFR 164.502(g). Privacy Rule means the Standards for Privacy of Individually Identifiable Health Information at 45 CFR part 160 and part 164, subparts A and E. Protected Health Information has the same meaning as the term "protected health information" in 45 CFR 160.103, limited to the information created or received by the Contractor from or on behalf of the Government pursuant to the Contract. Electronic Protected Health Information has the same meaning as the term "electronic protected health information" in 45 CFR 160.103. Required by Law has the same meaning as the term "required by law" in 45 CFR 164.103. Secretary means the Secretary of the Department of Health and Human Services or his/her designee. Security Rule means the Health Insurance Reform: Security Standards at 45 CFR part 160, 162 and part 164, subpart C. Terms used, but not otherwise defined, in this Clause shall have the same meaning as those terms in 45 CFR 160.103, 160.502, 164.103, 164.304, and 164.501. (b) The Contractor shall not use or further disclose Protected Health Information other than as permitted or required by the Contract or as Required by Law. (c) The Contractor shall use appropriate safeguards to prevent use or disclosure of the Protected Health Information other than as provided for by this Contract. (d) The Contractor agrees to use administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the electronic protected health information that it creates, receives, maintains, or transmits in the execution of this Contract. (e) The Contractor shall, at their own expense, take action to mitigate, to the extent practicable, any harmful effect that is known to the Contractor of a use or disclosure of Protected Health Information by the Contractor in violation of the requirements of this Clause. These mitigation actions will include as a minimum those listed in the TMA Breach Notification Standard Operating Procedure (SOP), which is available at: http://www.tricare.mil/tmaprivacy/breach.cfm (f) The Contractor shall report to the Government any security incident involving protected health information of which it becomes aware. (g) The Contractor shall report to the Government any use or disclosure of the Protected Health Information not provided for by this Contract of which the Contractor becomes aware. (h) The Contractor shall ensure that any agent, including a subContractor, to whom it provides Protected Health Information received from, or created or received by the Contractor, on behalf of the Government, agrees to the same restrictions and conditions that apply through this Contract to the Contractor with respect to such information. (i) The Contractor shall ensure that any agent, including a subContractor, to whom it provides electronic Protected HealthInformation, agrees to implement reasonable and appropriate safeguards to protect it. (j) The Contractor shall provide access, at the request of the Government, and in the time and manner reasonably designated by the Government to Protected Health Information in a Designated Record Set, to the Government or, as directed by the Government, to an Individual in order to meet the requirements under 45 CFR 164.524. (k) The Contractor shall make any amendment(s) to Protected Health Information in a Designated Record Set that the Government directs or agrees to pursuant to 45 CFR 164.526 at the request of the Government, and in the time and manner reasonably designated by the Government. (l) The Contractor shall make internal practices, books, and records relating to the use and disclosure of Protected Health Information received from, or created or received by the Contractor, on behalf of the Government, available to the Government, or at the request of the Government to the Secretary, in a time and manner reasonably designated by the Government or the Secretary, for purposes of the Secretary determining the Government's compliance with the Privacy Rule. (m) The Contractor shall document such disclosures of Protected Health Information and information related to such disclosures as would be required for the Government to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR 164.528. (n) The Contractor shall provide to the Government or an Individual, in time and manner reasonably designated by the Government, information collected in accordance with this Clause of the Contract, to permit the Government to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR 164.528. 6.1. General Use and Disclosure Provisions. Except as otherwise limited in this Clause, the Contractor may use or disclose Protected Health Information on behalf of, or to provide services to, the Government for treatment, payment, or healthcare operations purposes, in accordance with the specific use and disclosure provisions below, if such use or disclosure of Protected Health Information would not violate the HIPAA Privacy Rule, the HIPAA Security Rule, DoD 6025.18-R or DoD 8580.02-R if done by the Government. 6.2. Specific Use and Disclosure Provisions. (a) Except as otherwise limited in this Clause, the Contractor may use Protected Health Information for the proper management and administration of the Contractor or to carry out the legal responsibilities of the Contractor. (b) Except as otherwise limited in this Clause, the Contractor may disclose Protected Health Information for the proper management and administration of the Contractor, provided that disclosures are required by law, or the Contractor obtains reasonable assurances from the person to whom the information is disclosed that it will remain confidential and used or further disclosed only as required by law or for the purpose for which it was disclosed to the person, and the person notifies the Contractor of any instances of which it is aware in which the confidentiality of the information has been breached. (c) Except as otherwise limited in this Clause, the Contractor may use Protected Health Information to provide Data Aggregation services to the Government as permitted by 45 CFR 164.504(e)(2)(i)(B). (d) Contractor may use Protected Health Information to report violations of law to appropriate Federal and State authorities, consistent with 45 CFR 164.502(j)(1). 6.3. Obligations of the Government. Provisions for the Government to Inform the Contractor of Privacy Practices and Restrictions (a) The Government shall provide the Contractor with the notice of privacy practices that the Government produces in accordance with 45 CFR 164.520. (b) The Government shall provide the Contractor with any changes in, or revocation of, permission by Individual to use or disclose Protected Health Information, if such changes affect the Contractor's permitted or required uses and disclosures. (c) The Government shall notify the Contractor of any restriction to the use or disclosure of Protected Health Information that the Government has agreed to in accordance with 45 CFR 164.522. 6.4. Permissible Requests By The Government. The Government shall not request the Contractor to use or disclose Protected Health Information in any manner that would not be permissible under the HIPAA Privacy Rule, the HIPAA Security Rule, or any applicable Government regulations (including without limitation, DoD 6025.18-R and DoD 8580.02-R) if done by the Government, except for providing Data Aggregation services to the Government and for management and administrative activities of the Contractor as otherwise permitted by this clause. 6.5. Termination. (a) Termination. A breach by the Contractor of this clause, may subject the Contractor to termination under any applicable default or termination provision of this Contract. (b) Effect of Termination. (1) If this contract has records management requirements, the records subject to the Clause should be handled in accordance with the records management requirements. If this contract does not have records management requirements, the records should be handled in accordance with paragraphs (2) and (3) below (2) If this contract does not have records management requirements, except as provided in paragraph (3) of this section, upon termination of this Contract, for any reason, the Contractor shall return or destroy all Protected Health Information received from the Government, or created or received by the Contractor on behalf of the Government. This provision shall apply to Protected Health Information that is in the possession of subContractors or agents of the Contractor. The Contractor shall retain no copies of the Protected Health Information. (3) If this contract does not have records management provisions and the Contractor determines that returning or destroying the Protected Health Information is infeasible, the Contractor shall provide to the Government notification of the conditions that make return or destruction infeasible. Upon mutual agreement of the Government and the Contractor that return or destruction of Protected Health Information is infeasible, the Contractor shall extend the protections of this Contract to such Protected Health Information and limit further uses and disclosures of such Protected Health Information to those purposes that make the return or destruction infeasible, for so long as the Contractor maintains such Protected Health Information. 6.6. Miscellaneous. (a) Regulatory References. A reference in this Clause to a section in DoD 6025.18-R, DoD 8580.02-R, Privacy Rule or Security Rule means the section currently in effect or as amended, and for which compliance is required. (b) Survival. The respective rights and obligations of Business Associate under the "Effect of Termination" provision of this Clause shall survive the termination of this Contract. (c) Interpretation. Any ambiguity in this Clause shall be resolved in favor of a meaning that permits the Government to comply with DoD 6025.18-R, DoD 8580.02-R, the HIPAA Privacy Rule or the HIPAA Security Rule. 7. CONTRACT MANPOWER REPORTS (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 sub-Contractor 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, Contracting Officer, Contracting Officer's Technical Representative; (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 sub-Contractor); (6) Estimated direct labor dollars paid this reporting period (including sub-Contractor); (7) Total payments (including sub-Contractor); (8) Predominant Federal Service Code (FSC) reflecting services provided by Contractor (and separate predominant FSC for each sub-Contractor 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 sub-Contractors 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 sub-Contractor 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 Contracting Officer's Representative (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 Contracting Officer." 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: Q403-Evaluation and Screening Unit Identification Code for the Army Requiring Activity: W2P1AA 8. NOTICE OF CONFERENCE. The Contractor, or authorized representative, may be required to attend a conference prior to commencement of any work performed under this contract. A representative of the Contracting Office will notify the Contractor after entering into the contract as to the specific time and location of the conference. Such conferences will normally occur telephonically: however, the Government reserves the right to require the personal presence of the Contractor. (End of Performance Work Statement) Attachment 1: Quality Assurance Surveillance Plan Attachment 2: Workload Estimate ATTACHMENT 1 QUALITY ASSURANCE AND SURVEILLANCE PLAN FOR Cardiology Testing Services A. OBJECTIVE: The Contractor shall provide specialized Cardiology Testing services for the Utah Occupational Health Clinics at Tooele Army Deport, Deseret Chemical Depot, and Dugway Proving Ground. B. PERFORMANCE MEASUREMENT OBJECTIVE: The key area(s) of the Contractor's performance that will be evaluated during the term of the contract. The PWS reference will be provided for each performance measurement objective. C. ASSESSMENT METHOD: Contractor performance is inspected and evaluated on key areas of performance: fill rate monthly; turnover rate and substantiated patient/staff complaints annually; qualified candidates as needed. Method of surveillance is 100% inspection. D. ACCEPTABLE QUALITY LEVEL (AQL): The degree to which the Government will allow the Contractor's key areas of performance to vary; the variance from the standard that the Contractor is allowed and the grading/ measurement associated with deviation from the specific performance standard. E. KEY AREAS OF PERFORMANCE: The following Performance Measurements Requirement Summary applies. The Government may modify inspection methods in accordance with site specific requirements. PERFORMANCE MEASUREMENT OBJECTIVESTANDARDACCEPTABLE QUALITY LEVELMETHOD OF ASSESSMENT REMEDY Meet Requirements. Para 1.2. Maintain Qualifications and RequirementsComply initially and annually 100% of the time.Annual review of COR files.Document performance in CPARS using measurements shown below. Patient and Customer satisfaction. Para 1.5.2. Maintain a high level of patient and customer satisfaction. No more than two substantiated patient complaints for the entire contract. Review assessment of customer complaints through patient and Government Provider Feedback. COR Monitors. Document performance in CPARS using measurements shown below. Comply with reporting Requirements. Para 4.Fax results to the MTF within three days 100% of the timeAll required documentation processed. No significant omissions.Tracked throughout the contract period of performance. COR Monitors.Document performance in CPARS using measurements shown below. Contractor Manpower Report (CMR). Para 7.Complete Contractor Manpower Report by 31 Oct each year. Notify COR by the 5th working day of November whether or not completed.Completed report.Review CMR records to ensure was completed. Contract Specialist and COR Monitors.Document performance in CPARS using measurements shown below. F. CONTRACTOR PERFORMANCE ASSESSMENT REPORT. This report shall be submitted to the Contracting Officer monthly (unless otherwise agreed upon between the Contracting Officer and the Contracting Officer's Representative). G. REPERFORMANCE OF SERVICES. If any of the services do not conform with contract requirements, the Government will require the Contractor to reperform the services in conformity with contract requirements, at no additional cost to the Government. When the defects in services cannot be corrected due to circumstances, the Government may (1) require the contractor to take necessary action to ensure that future performance conforms to contract requirements and (2) reduce the contract price to reflect the reduced value of the services performed. The Contracting Officer may exercise appropriate contractual remedy should the Contractor fail to promptly take the necessary action to ensure future performance is in conformity with contract requirements. When apparent non-satisfactory work is identified, the Contracting Officer's Representative shall prepare a Contract Discrepancy Report (CDR) and submit to the Contracting Officer for review, use DD Form 2772. The Contractor shall then be required to respond to the CDR. The Contractor shall explain reasons for substandard performance, how performance will be returned to acceptable levels, and how recurrence of the same or like problems will be prevented. The Contracting Officer will evaluate the Contractor's explanation, assess its validity, and determine whether it is acceptable. The Contractor shall be required to correct/eliminate any deficiencies in services in a timely manner. Notification begins when pertinent documents (e.g., Customer Complaint Record or CDR) are issued to the Contractor. Time of notification and correction of all applicable deficiencies should be entered on all Government documents and retained in the contract file. The Government may execute a deduction in payment for non-compliance when validated by the Contracting Officer. H. PERFORMANCE RATINGS. The Government will rate past performance using the following performance standards. EXCEPTIONAL: Performance meets contractual requirements and exceeds many to the Government's benefit. VERY GOOD: Performance meets contractual requirements and exceeds some to the Government's benefit. SATISFACTORY: Performance meets contractual requirements. MARGINAL: Performance does not meet some contractual requirements. UNSATISFACTORY: Performance does not meet most contractual requirements and recovery is not likely in a timely manner. Other performance evaluation factors that will be monitored and documented in the contractor's performance records but cannot be quantified by numerical measurements: NOTE: This plan is provided for information purposes only. The QASP is not a part of the solicitation, nor shall it be part of any resulting contract. The Government has the right to change or modify inspection methods at its discretion. (End of Attachment 1 ~ QASP) ATTACHMENT 2 WORKLOAD ESTIMATE Estimated TestNumber of Tests/Year Cardiology Stress Test Base Year62 Cardiology Stress Test Option Year 131 Cardiology Stress Test Option Year 231 (End of Attachment 2 ~ Workload Estimate)
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