Section A - Solicitation/Contract Form VENDOR TO COMPLETE THE FOLLOWING: TIN: CAGE: DUNS: Vendor Point of Contact: Phone: Vendor E-Mail: Fax: Naval Medical Center Portsmouth Point of Contact: Contracting: Doris Turner 757-953-7456 E-Mail:
[email protected] Payment in Arrears (Check One): Monthly Quarterly Semi-Annually Annually Note: Vendor will be required to provide billing electronically via the WAWF Electronic Invoicing Method per Section G of this RFQ. For additional information, a review of the following web sites may be required: https://wawf.eb.mil http://wawftraining Email:
[email protected] Vendor to reference Request for Quotation (RFQ) Number N00183-06-T0203 on all correspondence relating to this RFQ. PROMPT PAYMENT: For Prompt Payment Act purposes, this contract is: Subject to the 7-calendar day constructive acceptance period. GOVERNMENT RESERVES THE RIGHT TO MAKE AWARD BASED ON AN “ALL OR NONE” EVALUATION. Section B - Supplies or Services and Prices ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0001 166 Hours Intra-operative Neuromonitoring services in accordance with Statement of Work, Section C. PURCHASE REQUEST NUMBER: N0018307RQNS001 Section C - Descriptions and Specifications CONTRACT SPECIFICATIONS 1. SCOPE OF WORK 1.1. The Contractor shall provide intraoperative monitoring (IOM) and interpretation for the Naval Medical Center (NMCP), Portsmouth, Virginia. (hereafter referred to as "the MTF" (Military Treatment Facility)). 1.2. Services shall be provided by technicians and shall be overseen by contractor physicians. Services shall be performed off-site via internet. 1.3. The Contractor shall have a sufficient number of fully trained physicians and technicians to ensure that qualified individuals provide services on a regular basis as specified herein. 2. DUTIES/QUALIFICATIONS. During, or prior to, scheduled orientation, the Contractor shall ensure that the technician assigned to serve in operating rooms possess a knowledge of the affects of anesthesia and of various artifacts such as electrical interference from operating room equipment, etc, in order to be able to assess their effects on the data collected during the surgical procedure. Technician must have knowledge of potential morbidity caused by the monitoring process itself, quality control systems and procedures for preventive maintenance and performance testing and calibration of equipment and recognize when problems are beyond scope of expertise and must be referred to others. Technician shall be able to effectively communicate with surgical team members in order to provide recommendations based upon interpretation of monitoring results. 2.1. On site technician (s) must be a certified to provide intra-operative monitoring. Monitoring includes EMG, SSEP, BAER. The technician provides the equipment to provide internet transmission of live-time monitoring to a board-certified physician, to assess the monitoring and provide intra-operative interpretation of data. 2.2. Physicians shall possess the following minimum qualifications: 2.2.1. Graduation from a medical school approved by the Liaison Committee on Medical Education of the American Medical Association or the American Osteopathic Association or permanent certification by the Educational Commission for Foreign Medical Graduates (ECFMG). 2.2.2. Board certification in Neurology. 2.2.3. Possess a current, unrestricted license to practice medicine in any one of the fifty States, the District of Columbia, the Commonwealth of Puerto Rico, Guam or the U.S. Virgin Islands. 2.2.4. Have a minimum of 12 months experience within the last 36 months as a neurologist interpreting IOM. 2.2.5. Must have professional knowledge of a wide range of monitoring concepts, principles, practices, and methods to perform highly specialized monitoring assignments of advanced nature and considerable complexity such as somatosensory evoked potentials, auditory brainstem and cortical responses, electroencephalography, visual evoked responses, facial nerve monitoring, motor evoked potentials, intraoperative electromyography, intraoperative nerve conduction velocity, etc., requiring extensive specialized training and experience in order to determine the methods/procedures required during the surgical procedures, prepare the patient, interpret the data, provide recommendations to the surgeon, and train other professional/technical personnel. 3. INDEPENDENT CONTRACTOR. The services rendered by the Contractor are rendered in the capacity of an independent Contractor. The Government will evaluate the quality of both professional and administrative services for purposes of contract inspection and acceptance. The Government retains no direct control over professional assessments and/or recommendations. The Contractor shall be solely responsible for any and all liability caused by the acts or omissions of its agents or employees. The Contractor shall not in any manner represent or infer that it is an instrumentality or agent of the United States Government. The Contractor shall recognize that the Commanding Officer of the MTF maintains administrative and operational responsibility for all activities within the command and may take such actions as necessary to preserve and maintain the integrity of the command, subject to the limitations prescribed by law and U.S. Navy Regulations. 4. INSURANCE: Since this is a non-personnel service contract – the contractor is required to have their own insurance. 4.1. The Contractor shall maintain during the term of this contract medical liability insurance issued by a responsible insurance carrier of not less than the following amount(s) per specialty per occurrence: $1,000,000. 4.2. Liability insurance may be on either an occurrences basis or on a claims-made basis. If the policy is on a claims-made basis, an extended reporting endorsement (tail) for a period of not less than 3 years after the end of the contract term must also be provided. 5. RECORDS. 5.1. All records produced in the performance of this contract and all evaluations of patients are the property of, and subject to the exclusive control of, the Government. The Contractor may retain a copy of all such records or evaluations, but may not provide further copies or disclose the information from such records or evaluations to third parties. All requests from other treatment facilities or other individuals for patient records shall be handled in accordance with procedures specified by applicable MTF instructions. 5.2. Confidentiality Of Information. Unless otherwise specified, all financial, statistical, personnel and/or technical data which is 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 nor be released by the Contractor without prior written consent of the Commander of the MTF. Any presentation of any statistical or analytical materials, or any reports based on information obtained from the studies covered by this contract, will be subject to review and approval by the Commander of the MTF before publication or dissemination. 6. REPORTS: 6.1 A formal report must be faxed to the performing surgeon within two days.; a formal original copy must be mailed to the performing surgeon within two weeks. 7. CREDENTIALING: 7.1 Neurologist providing this service must have privileges granted by the Naval Medical Center, Portsmouth, VA. CLAUSES INCORPORATED BY REFERENCE 252.246-7000 Material Inspection And Receiving Report MAR 2003 Section I - Contract Clauses 52.203-3 Gratuities APR 1984 52.213-2 Invoices APR 1984 52.213-3 Notice to Suppliers APR 1984 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.222-35 Equal Opportunity For Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans DEC 2001 52.222-36 Affirmative Action For Workers With Disabilities JUN 1998 52.222-42 Statement Of Equivalent Rates For Federal Hires MAY 1989 52.222-49 Service Contract Act -- Place Of Performance Unknown MAY 1989 52.226-1 Utilization Of Indian Organizations And Indian-Owned Economic Enterprises JUN 2000 52.232-1 Payments APR 1984 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-23 Alt I Assignment of Claims (Jan 1986) - Alternate I APR 1984 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection Of Government Buildings, Equipment, And Vegetation APR 1984 52.237-3 Continuity Of Services JAN 1991 52.237-7 Indemnification and Medical Liability Insurance JAN 1997 52.243-1 Alt I Changes--Fixed Price (Aug 1987) - Alternate I APR 1984 52.244-6 Subcontracts for Commercial Items FEB 2006 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A Central Contractor Registration (52.204-7) Alternate A NOV 2003 252.225-7001 Buy American Act And Balance Of Payments Program JUN 2005 252.225-7002 Qualifying Country Sources As Subcontractors APR 2003 252.232-7003 Electronic Submission of Payment Requests MAY 2006 252.232-7010 Levies on Contract Payments SEP 2005 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.247-7023 Alt III Transportation of Supplies by Sea (May 2002) Alternate III MAY 2002 CLAUSES INCORPORATED BY FULL TEXT 52.213-4 TERMS AND CONDITIONS--SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL ITEMS) (FEB 2006) 52.232-18 AVAILABILITY OF FUNDS (APR 1984) 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.gov/far (End of clause) 252.204-7006 BILLING INSTRUCTIONS (OCT 2005) When submitting a request for payment, the Contractor shall-- (a) Identify the contract line item(s) on the payment request that reasonably reflect contract work performance; and (b) Separately identify a payment amount for each contract line item included in the payment request. (End of clause) PRIVACY AND SECURITY OF PROTECTED HEALTH INFORMATION (a) Definitions. As used in this clause: Individual has the same meaning as the term ``individual'' in 45 CFR 164.501 and 164.103 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 164.501, limited to the information created or received by The Contractor from or on behalf of The Government. Required by Law has the same meaning as the term ``required by law'' in 45 CFR 164.501 and 164.103. Secretary means the Secretary of the Department of Health and Human Services or his/her designee. Security Rule means the Health Insurance Reform: Security Standards at 45 CFR part 160, 162 and part 164, subpart C. Terms used, but not otherwise defined, in this Agreement shall have the same meaning as those terms in 45 CFR 160.103, 164.501 and 164.304. (b) The Contractor agrees to not use or further disclose Protected Health Information other than as permitted or required by the Contract or as Required by Law. (c) The Contractor agrees to use appropriate safeguards to prevent use or disclosure of the protected Health Information other than as provided for by this Contract. (d) The Contractor agrees to use administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the electronic protected health information that it creates, receives, maintains, or transmits in the execution of this Contract. (e) The Contractor agrees to mitigate, to the extent practicable, any harmful effect that is known to the Contractor of a use or disclosure of Protected Health Information by the Contractor in violation of the requirements of this Contract. (f) The Contractor agrees to report to the Government any security incident involving protected health information of which it becomes aware. (g) The Contractor agrees to report to the Government any use or disclosure of the Protected Health Information not provided for by this Contract. (h) The Contractor agrees to ensure that any agent, including a subcontractor, to whom it provides Protected Health Information received from, or created or received by the Contractor on behalf of the Government agrees to the same restrictions and conditions that apply through this Contract to the Contractor with respect to such information. (i) The Contractor agrees to ensure that any agent, including a subcontractor, to whom it provides electronic Protected Health Information, agrees to implement reasonable and appropriate safeguards to protect it. (j) The Contractor agrees to provide access, at the request of the Government, and in the time and manner designated by the Government to Protected Health Information in a Designated Record Set, to the Government or, as directed by the Government, to an Individual in order to meet the requirements under 45 CFR 164.524. (k) The Contractor agrees to make any amendment(s) to Protected Health Information in a designated Record Set that the Government directs or agrees to pursuant to 45 CFR 164.526 at the request of the Government or an Individual, and in the time and manner designated by the Government. (l) The Contractor agrees to make internal practices, books, and records relating to the use and disclosure of Protected Health Information received from, or created or received by the Contractor on behalf of, the Government, available to the Government, or at the request of the Government to the Secretary, in a time and manner designated by the Government or the Secretary, for purposes of the Secretary determining the Governments compliance with the Privacy Rule. (m) The Contractor agrees to document such disclosures of Protected Health Information and information related to such disclosures as would be required for the Government to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR 164.528. (n) The Contractor agrees to provide to the Government or an Individual, in time and manner designated by the Government, information collected in accordance with this Clause of the Contract, to permit the Government to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR 164.528. General Use and Disclosure Provisions Except as otherwise limited in this Agreement, the Contractor may use or disclose Protected Health Information on behalf of, or to provide services to, the Government for the following purposes, if such use or disclosure of Protected Health Information would not violate the Privacy Rule, the Security Rule or the Department of Defense Health Information Privacy Regulation if done by the Government: [List Purposes]. Specific Use and Disclosure Provisions (a) Except as otherwise limited in this Agreement, the Contractor may use Protected Health Information for the proper management and administration of the Contractor or to carry out the legal responsibilities of the Contractor. (b) Except as otherwise limited in this Agreement, the Contractor may disclose Protected Health Information for the proper management and administration of the Contractor, provided that disclosures are required by law, or the Contractor obtains reasonable assurances from the person to whom the information is disclosed that it will remain confidential and used or further disclosed only as required by law or for the purpose for which it was disclosed to the person, and the person notifies the Contractor of any instances of which it is aware in which the confidentiality of the information has been breached. (c) Except as otherwise limited in this Agreement, the Contractor may use Protected Health Information to provide Data Aggregation services to the Government as permitted by 45 CFR 164.504(e)(2)(i)(B). (d) Contractor may use Protected Health Information to report violations of law to appropriate Federal and State authorities, consistent with 45 CFR 164.502(j)(1). Obligations of the Government Provisions for the Government to Inform the Contractor of Privacy Practices and Restrictions. (a) Upon request the Government shall provide the Contractor with the notice of privacy practices that the Government produces in accordance with 45 CFR 164.520, as well as any changes to such notice. (b) The Government shall provide the Contractor with any changes in, or revocation of, permission by Individual to use or disclose Protected Health Information, if such changes affect the Contractor's permitted or required uses and disclosures. (c) The Government shall notify the Contractor of any restriction to the use or disclosure of Protected Health Information that the Government has agreed to in accordance with 45 CFR 164.522. Permissible 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 Privacy Rule if done by the Government, except for providing Data Aggregation services to the Government and for management and administrative activities of the Contractor as otherwise permitted by this clause. Termination (a) Termination. A breach by the Contractor of this clause, may subject the Contractor to termination under any applicable default or termination provision of this Contract. (b) Effect of Termination. (1) If this contract has records management requirements, the records subject to the Clause should be handled in accordance with the records management requirements. If this contract does not have records management requirements, the records should be handled in accordance with paragraphs (2) and (3) below (2) If this contract does not have records management requirements, except as provided in paragraph (3) of this section, upon termination of this Contract, for any reason, the Contractor shall return or destroy all Protected Health Information received from the Government, or created or received by the Contractor on behalf of the Government. This provision shall apply to Protected Health Information that is in the possession of subcontractors or agents of the Contractor. The Contractor shall retain no copies of the Protected Health Information. 3) If this contract does not have records management provisions and the Contractor determines that returning or destroying the Protected Health Information is infeasible, the Contractor shall provide to the Government notification of the conditions that make return or destruction infeasible. Upon mutual agreement of the Government and the Contractor that return or destruction of Protected Health Information is infeasible, the Contractor shall extend the protections of this Contract to such Protected Health Information and limit further uses and disclosures of such Protected Health Information to those purposes that make the return or destruction infeasible, for so long as the Contractor maintains such Protected Health Information. Miscellaneous (a) Regulatory References. A reference in this Clause to a section in the Privacy Rule or Security Rule means the section as 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 the Privacy Rule or Security Rule. Section K - Representations, Certifications and Other Statements of Offerors CLAUSES INCORPORATED BY REFERENCE 52.204-3 Taxpayer Identification OCT 1998 52.204-8 Annual Representations and Certifications JAN 2006 52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-25 Affirmative Action Compliance APR 1984 CLAUSES INCORPORATED BY FULL TEXT 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (MAY 2004) - ALTERNATE I (APR 2002) (a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 621493. (2) The small business size standard is $9.0 Mil. (End of provision) Section L - Instructions, Conditions and Notices to Bidders 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.232-28 Invitation to Propose Performance-Based Payments MAR 2000 52.237-1 Site Visit APR 1984 CLAUSES INCORPORATED BY FULL TEXT 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): www.arnet.gov/far (End of provision) Interested parties may contact the Contract Specialist via e-mail at
[email protected] for a complete copy of this request for quotation.