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NEUROLOGY SERVICES - FAR provision 52.212-3

General Information

Document Type:PRESOL
Posted Date:Aug 24, 2017
Category: Medical Services
Set Aside:N/A

Contracting Office Address

Department of Health and Human Services, Indian Health Service, Billings Area Office, 2900 4th Avenue North, PO Box 36600, Billings, Montana, 59107


Federal Acquisition Regulation (FAR) 52.212-3, Offeror Representations and Certifications - Commercial Items (JAN 2017). This provision must be completed and submitted with the offer if the electronic Representations and Certifications section of the System for Award Management (SAM) is not completed. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. The procurement is being conducted pursuant to the authority of FAR Subpart 13.5, Simplified Procedures for Certain Commercial Items; FAR Part 12, Acquisition of Commercial Items (41 U.S.C. 1906, 1907, and 3307)); and FAR 37.4, Non-Personal Health Care Services (41 U.S.C. Chapter 33). This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. The Billings Area Indian Health Service (IHS) intends to award a Purchased/Referred Care (PRC) Requirements type contract in response to Request for Quotation (RFQ) 10-17-053-REL. The solicitation is issued on an unrestricted basis. The solicitation documents and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-95. The associated North American Industry Classification System code is 621111 and the small business size standard is $11.0 million. Potential contractors are asked to propose all-inclusive daily rates for the base year and each subsequent option year. PRICE SCHEDULE - NEUROLOGY SERVICES: BASE YEAR: 24 DAYS @ $_____________ per day = $_______________; OPTION YEAR ONE: 24 DAYS @ $_____________ per day = $_______________; OPTION YEAR TWO: 24 DAYS @ $_____________ per day = $_______________; OPTION YEAR THREE: 24 DAYS @ $_____________ per day = $_______________; OPTION YEAR FOUR: 24 DAYS @ $_____________ per day = $_______________; GRAND TOTAL: $_______________. PERIOD OF PERFORMANCE: October 1, 2017, through September 30, 2018, with four 12-month options. PURPOSE OF THE CONTRACT: The purpose of this contract is to acquire Neurology Services at the Blackfeet Service Unit, Browning, Montana, hereinafter referred to as the Blackfeet Community Hospital (BCH). As set forth in FAR 52.216-21, Requirements (OCT 1995), the services will be ordered and the funds will be obligated on individual IHS-T-843-1A, "Purchase-Delivery Order for Health Services" forms. NON-PERSONAL HEALTH CARE SERVICE CONTRACT: The procurement is a nonpersonal health care service contract, as defined in FAR 37.101, under which the Contractor is an independent contractor. The Government may evaluate the quality of professional and administrative services provided, but retains no control over the medical and professional aspects of services rendered (e.g., professional judgments, diagnosis for specific medical treatment). The Contractor shall indemnify the Government for any liability producing acts or omissions by the Contractor, its employees and agents occurring during contract performance. The Contractor shall maintain medical liability insurance, which is not less than the amount normally prevailing within the local community for the medical specialty concerned. The Contractor is required to ensure that its subcontracts for provisions of health care services contain the requirements of the clause at 52.237-7, including the maintenance of medical liability insurance. WORK SCHEDULE: The physician shall provide two 8-hour clinics per month at the Blackfeet Community Hospital (BCH) for patients referred by IHS hospital providers. The dates of the clinics are negotiable and should be coordinated with the Clinical Director or his designee. The BCH will provide coordination of patient scheduling/referrals and appointment check in. The clinics will be scheduled during the week from 8:30 am to 5:30 pm. The clinics may be re-scheduled due to inclement weather but must be furnished each month. STATEMENT OF WORK: The work to be performed requires professional medical judgment by the Neurology Physician Specialist to provide medical care to adult and pediatric patients referred to the specialty clinic by BCH providers for seizure problems, neurological disorders, chronic pain associated with headaches or other chronic diseases and related problems of the central nervous system. Two 8-hour clinics will be provided by the contractor each month. Additional clinics shall not exceed six per year. All hospital safety procedures and infection control policies are to be adhered to by the contractor. The contract physician will be required to enter patient data, purpose of visit, indication, treatment plan, and medication profile in the Electronic Health Record system and data entry requirements of the RPMS. The contractor will work closely with hospital providers, nurses, pharmacy and other staff at the facility to provide accurate, quality and timely medical care while performing neurology services at the Blackfeet Community Hospital on a contractual basis. The physician will advise and counsel patients on health related issues and assure appropriate medical care is delivered. Performs physical examinations, health assessments and provides treatment to patients with varying problems associated with neurological disorders and or disease; prescribes and carries out therapy in conformation with approved clinical privileges and Billings Area/I.H.S. policy. Makes necessary arrangements in concert with an active medical staff physician for admission of patients to the appropriate hospital which includes authorization for admission to contract facilities for emergency medical care, or any major surgical procedures not provided at the Blackfeet Community Hospital. Orders and/or performs and interprets screening and diagnostic tests and procedures, including but not limited to, laboratory, radiographic examinations, and ultrasonography exams. Records patient-provider encounters in the Electronic Health Record for accurate communication between providers and completes required documentation for accurate billing, ordering of diagnostic tests and referrals. Maintains health summary and problem lists to ensure accurate patient data. Completes medical records per hospital policy and participates in quality assurance measures as appropriate including peer review. The contractor must comply with all CMS and HIPAA regulations. The contractor must submit an invoice for services rendered to the clinical director for approval with verification by the Contracting Officers Representative (COR). Knowledge Required by the Position: Specialized knowledge of the practice of neurology is required. Guidelines: Guidelines available include DHHS, PHS, I.H.S., Billings Area, Service Unit and Medical Staff regulations, policies, procedures, and bylaws. In addition, traditional and currently accepted medical practices are available in the form of specialty consultation, medical journals, professional organizations and textbooks. In nearly all cases, however, the medical practitioners judgment is the key factor in determining whether guidelines are to be adhered to or deviated or whether new guidelines need to be developed to protect the interests of the patient. Complexity: The work consists of the specialty practice of neurology services and involves specialized knowledge and experience involving diagnosis and treatment of patients with neurological disease and related problems. Scope and Effect: The work of this position affects the health and well-being of individuals on an immediate basis; and the health status of the community on a broad basis. Personal Contacts: Personal contacts are with patients, patients families, other employees, representatives of federal, state and tribal health organizations, administrators and physicians. These contacts are made with individuals and groups in moderately unstructured settings. Purpose of Contact: The purpose of the contacts are to exchange information, resolve problems, educate people, influence and motivate individuals and groups to understand and accept recommended medical information, diagnosis and treatment regimens. Physical Demands: The work requires some physical exertion and stamina including walking, standing, bending, sitting and other activities. The contractor may be required to assist with lifting patients at times. Work Environment: The work is performed in a clinical setting and is environmentally controlled. GOVERNMENT CONTRACT QUALITY ASSURANCE PROCEDURES: Upon orientation to the facility, the prospective contractor will be oriented on the electronic health record, RPMS, Indian Health Service policies and procedures, Standards of Care (SOC) and all inpatient and outpatient duties required of the physician. The contractor will be evaluated by department chief/clinical director on performance of those duties. All associated QA/PI requirements are to be performed and verified by the clinical director. Actual work tasks are normally performed on a routine basis. Standard progress measures such as chart review, documentation/billing review and observations will be conducted by the clinical director. Pay requests shall be approved for payment by the clinical director or his designee and submitted for verification to the Contracting Officers Representative (COR). Customer complaints shall be validated and shall not exceed more than one for any two clinic visits. The clinical director shall monitor quality of performance to assure duties are performed in accordance with the standards of care required by the hospital accreditation agency and that all documentation is completed according to the policy. A peer review will be conducted by the clinical director or his designee and a written evaluation performed for the services rendered. TASK ORDERS AND PAYMENT: The Purchased/Referred Care (PRC) Office at the Blackfeet Service Unit will obligate the funds on the IHS T 843 1A, Purchase Delivery Order for Health Services. Payment will be made by the Fiscal Intermediary, New Mexico Blue Cross and Blue Shield, IHS Contract Health Services, P.O. Box 13509, Albuquerque, New Mexico 87192-3509. Each ordering official will be responsible for: (a) Monitoring funds available for obligation under this contract; (b) Ensuring that the delivery orders are issued in accordance with the terms of this contract; (c) Ensuring that delivery orders, invoices and payments are processed in a timely manner; and (d) Assisting the Contractor in resolution of administrative problems encountered during performance of the contract. Payments through Fiscal Intermediary (FI): (a) All claims presented by the Contractor shall be paid in accordance with the Prompt Payment Act, 31 U.S.C. 3901, et seq., and its implementing policies and procedures contained in OMB Circular No. A-125. (b) Interest shall be paid on late payments in accordance with the requirements of Federal Acquisition Regulation Subpart 32.9. In particular, the specified interest shall be paid when the payment occurs more than 30 days after the Contractor has submitted a "clean" claim. (c) The FI shall pay claims under this contract either by check or wire transfer at the option of the FI. (d) The Contractor shall direct all inquiries concerning claim payments directly to the Fiscal Intermediary, New Mexico Blue Cross/Blue Shield at 1-800-225-0241 or by writing to the above address. GOVERNMENT FURNISHED PROPERTY: The IHS shall provide all necessary equipment and supplies. The Blackfeet Service Unit will be responsible for getting the physician access and clearance to all computer services necessary to carry out his/her duties. COMPUTER SECURITY: Pursuant to the Federal Information Security Management Act of 2002 (FISMA), the contractor will be required to complete a course in Computer Security Awareness Training (CSAT). This training must be completed annually by all employees including contractors, volunteers, students, and summer externs. The Contractor will be required to comply with the Federal Information Processing Standards Publication (FIPS PUB) Number 201, "Personal Identity Verification of Federal Employees and Contractors," and the associated Office of Management and Budget (OMB) implementation guidance for personal identity verification for all affected contractor and subcontractor personnel. Access/clearance to all pertinent computer systems, including completing the Security Checklist, Rules of Behavior form, Security training; and if necessary, a Business Associate Agreement and Business Partner Interconnection Security Agreement (BPISA), should be coordinated with the Service Unit. CONTRACTING OFFICER AUTHORITY: Authority to negotiate changes in the terms, conditions or amounts cited in this contract is reserved for the Contracting Officer. CONTRACTING OFFICERS REPRESENTATIVE (COR): The COR shall be responsible for: (1) Monitoring the Contractors technical progress, including surveillance and assessment of performance and recommending technical changes; (2) Interpreting the Statement of Work; (3) Technical evaluation as required; (4) Technical inspections and acceptance; and (5) Assisting the Contractor in the resolution of technical problems encountered during performance of this contract. PRO-CHILDREN ACT OF 1994: The Contractor certifies that it will comply with the provisions of Public Law 103-227, Pro-Children Act of 1994, which imposes restrictions on smoking where federally funded childrens services are provided. CHILD CARE NATIONAL AGENCY CHECK AND INVESTIGATION (CNACI). A CNACI must be completed for all Indian Health Service (IHS) contractor personnel within the Billings Area. Public Law (P.L.) 101-630, Indian Child Protection and Family Violence Prevention Act and P.L. 101-647, Crime Control Act of 1990, require the IHS to conduct a character and criminal history background investigation on all contractors performing services in IHS facilities. The Service Unit will conduct the character and background investigation. Fingerprints must also be taken as part of the pre-employment process and must be completed before the physician is allowed to work. The fingerprints and access/clearance to all pertinent computer systems should be coordinated with the Service Unit. SPECIAL CONTRACT REQUIREMENTS: Contractors cannot serve as expert witnesses in any suit against the Federal Government. Many of the IHS patients receiving services may only speak a native language and/or reside on a Native American Reservation, therefore, the Contractor must demonstrate sensitivity to cross-cultural and language differences. The Privacy Act of 1974 mandates that the Contractor maintain complete confidentiality of all administrative, medical and personnel records, and all other pertinent information that comes to his/her attention or knowledge. The Privacy Act carries both civil and criminal penalties for unlawful disclosure of records. Violation of such confidentiality shall be cause for adverse action. All IHS regulations and policies applicable to these Acts shall be enforced. The Contractor shall comply with IHS facility infection control and safety procedures, practices, and standards. PROVISIONS AND CLAUSES: The following provisions and clauses apply to this acquisition. The FAR provision 52.212-1 Instructions to Offerors Commercial Items; and 52.212-3 Offeror Representations and Certifications Commercial Items are incorporated by reference. The provision at 52.212-2 applies to this acquisition and is provided in full text. FAR 52.212-2 EVALUATION - COMMERCIAL ITEMS (OCT 2014): (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: FACTOR 1 - Unrestricted State License: Offerors must submit current unrestricted State license. FACTOR 2 - Resume or Curriculum Vitae. Offerors must submit copy of resume or curriculum vitae. FACTOR 3 - Company Past Performance. The Company must demonstrate its record of successful performance in past contracts and/or jobs, Government and/or commercial. Each offeror will be evaluated on its performance under existing and prior contracts/jobs. The offeror must list at least three contracts/jobs and include the following information. (1) Name of Government agency/Company; (2) Contract number, if applicable; (3) Dates of Service/Employment; (4) Total contract value/Hourly wage; (5) Description of contract work/Job duties; (6) Contracting Officer/Company Manager and telephone number; (7) Program Manager and telephone number, if applicable. FACTOR 4 - Cost/Price: The offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of the offers. The price proposal should adhere to the pricing structure established in the "Price Schedule". The offerors price proposal must be based on the offerors technical proposal and the Governments statement of work. The "Price Schedule" shall be completed by the offeror in accordance with the following: (1) All prices contained in the price schedule must reflect an all-inclusive daily rate. Price is not assigned an adjectival rating or scored. It will be evaluated to determine whether it is reasonable and if the quotation reflects an understanding of the requirement. This factor will be evaluated utilizing price analysis techniques identified in FAR Part 15.404-1. Analysis will include review of price reasonableness and balanced pricing. Offerors are cautioned that "materially unbalanced" prices and/or unreasonably high or low prices may cause your quotation to be deemed unacceptable and rejected. Technical and past performance, when combined, are considered approximately equal to cost or price. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offers specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. EVALUATION APPROACH: The content of the written quotations, as well as information derived from discussions/negotiations, if discussions are held, will be evaluated to determine the degree and extent to which the requirements and objectives set forth in the solicitation are satisfied. No assumption will be made by Government evaluators regarding areas not defined in the offerors written material/information provided to the Government for evaluation. EVAULATION METHODOLOGY: A team of Government personnel will evaluate the quotations. The quotations will be evaluated in accordance with the aforementioned factors. Any quotation that is unrealistic, in terms of technical approach, schedule commitments, and or costs (high or low) will be deemed unacceptable. BASIS FOR AWARD: Selection of the successful offeror will be made based on the evaluation criteria. The quotations will be evaluated and a contract awarded under the Best Value Continuum approach to permit tradeoffs among cost or price and non-cost factors. This will allow the Government to consider award to other than the lowest priced offeror or other than the highest technically rated offeror who meets or exceeds the technical acceptability standards established in the factors referenced above. The following FAR and Health and Human Services Acquisition Regulation (HHSAR) clauses are applicable: 52.204-4, 52.204-7, 52.204-9, 52.204-13, 52.204-16, 52.204-17, 52.204-18, 52.204-19, 52.212-4, 52.212-5, 52.215-5, 52.217-8, 52.217-9, 52.223-5, 52.223-6, 52.224-1, 52.224-2, 52.225-25, 52.227-14, 52.227-17, 52.228-5, 52.232-18, 52.232-39, 52.232-40, 52.237-2, 52.237-3, 52.237-7, 52.242-15, 52.242-17, 52.244-6, 52.245-1, 52.245-9, 352.203-70, 352.215-70, 352.222-70, 352.223-70, 352.224-70, 352.224-71, 352.226-3, 352.227-70, 352.237-70, 352.237-71, 352.237-72, 352.237-73, 352.237-74, 352.239-73 and 352.239-74. The following FAR clauses cited in 52.212-5 are applicable to the acquisition: 52.203-6 with Alternate I, 52.204-10, 52.209-6, 52.209-10, 52.219-8, 52.219-28, 52.222-3, 52.222-21, 52.222-26, 52.222-35, 52.222-36, 52.222-37, 52.222-40, 52.222-50, 52.222-54, 52.223-18, 52.225-13 and 52.232-33. Upon request, the Contracting Officer will provide full text copies of the FAR and HHSAR provisions and clauses. The provisions and clauses may also be accessed electronically at https://www.acquisition.gov/ and http://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/part-352-solicitation-provisions-contract-clauses/index.html. PROPOSAL SUBMISSION INSTRUCTIONS: The Contractor shall provide evidence of, or submit a written response to, the technical evaluation factors in FAR 52.212-2. In addition, the Contractor shall submit a completed copy of FAR 52.212-3 with its offer. Contractors intending to conduct business with the Federal Government must register with the System for Award Management (SAM). SAM replaces the Department of Defenses Central Contractor Registration (CCR) database. SAM is now the primary Government repository, which retains information on Government contractors. You may register via the Internet at www.sam.gov. All responsible offerors may submit a proposal, which shall be considered by the Agency. Offers shall be submitted to the Billings Area Indian Health Service, 2900 Fourth Avenue North, Billings, Montana 59101, no later than 5:30 p.m. on September 7, 2017. The offer must be submitted in a sealed envelope, addressed to this office, showing the time specified for receipt, the solicitation number, and your name and address. Offers will also be accepted by e-mail at Rita.Langager@ihs.gov or by fax at (406) 247-7108.

Original Point of Contact

POC Rita E Langager, Phone: 406.247.7293

Place of Performance

Blackfeet Service Unit, Blackfeet Community Hospital, 760 Hospital Circle, Browning, Montana, 59417, United States
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