This is a combined synopsis/solicitation for Tort Claims Peer Reviews prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. The solicitation number is 75H70425Q00005 and is issued as a request for quotation (RFQ), unless otherwise indicated herein. The preceding Sources Sought Notice was posted as 75H70425R00001. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2025-01. The associated North American Industrial Classification System (NAICS) code for this procurement is 541199 – All Other Legal Services, with a small business size standard of $20,500,000.00.
This requirement is being advertised as a Total Small Business set-aside. Delivery of Tort Claims Peer Reviews shall primarily occur at the contractor’s facility. This requirement has been determined as non-personal services.
-Requirements Description -
Background:
The Indian Health Service, Office of Quality, is in need of tort claims peer review services. The Federal Employees Liability Reform and Tort Compensation Act of 1988, P.L. 100-694 (commonly known as the Westfall Act, after the Supreme Court case it overturned), amended the Federal Tort Claims Act to make it the exclusive remedy for torts committed by federal employees within the scope of their employment. In other words, it precludes federal employees from being sued for torts committed within the scope of their employment. 28 U.S.C. § 2679(b)(1).
The proposed contract action is for the following requirements:
See attached Statement of Work (SOW).
The Contract Line Items (CLINs):
CLIN0001: Tort Claims Peer Review Services.
Period of Performance: BASE Period – 12/17/2024 thru 12/16/2025
CLIN0002: Tort Claims Peer Review Services.
Period of Performance: Option Period 1 – 12/17/2025 thru 12/16/2026
CLIN0003: Tort Claims Peer Review Services.
Period of Performance: Option Period 2 – 12/17/2026 thru 12/16/2027
CLIN0004: Tort Claims Peer Review Services.
Period of Performance: Option Period 3 – 12/17/2027 thru 12/16/2028
CLIN0005: Tort Claims Peer Review Services.
Period of Performance: Option Period 4 – 12/17/2028 thru 12/16/2029
-Response Information-
Question Submission: Interested offerors must submit any questions concerning the solicitation at the earliest time possible to enable the Buyer to respond. Questions may be submitted by e-mail using pdf or MSWord to the following:
Primary POC: Brendon Moran, Contracting Officer, at Brendon.Moran@ihs.gov.
Questions are due no later than 11:59 PM (EST) on December 6, 2024. Questions not received within a reasonable time prior to close of the solicitation may not be considered.
THE PROPOSAL MUST CLEARLY DEMONSTRATE THE FIRM'S CAPABILITY AND EXPERIENCE IN TORT CLAIMS PEER REVIEW SERVICES.
In addition to the requirements outlined in the attached SOW, the proposal SHALL address each of the following information components:
• Overview of contractor and contractor staff qualifications/certifications (e.g. Board Certification, DEA Registration, National Practitioner Data Bank, Applicable Licensing, etc.). Resumes/CVs etc. are encouraged.
• The contractor must show their business has the pool of required physicians to successfully complete the requirements outlined above. This pool must include the following types of physicians: orthopedics, spine surgery, hand surgery, neurosurgery, neurology, cardiology, emergency medicine, pediatrics and all pediatrics sub-specialties, radiology and all radiology sub-specialties, internal medicine and all internal medicine sub-specialties.
• Contractor's past experience providing tort claims peer review services.
o In particular, please reference experience in medical malpractice peer reviews.
o Please include applicable contract numbers or identifiers, etc.
• Contractor's methodology to complete tort claim peer reviews within the established 30-60 day turnaround time.
-Instructions to Offerors-
FAR 52.212-1 - Instructions to Offerors - Commercial Items (SEP 2023):
Proposals shall be submitted on company letterhead stationery, signed and dated; it shall include:
(1) The solicitation number;
(2) The time specified in the solicitation for receipt of offers;
(3) The name, address, and telephone number of the offeror;
(4) A technical description of the services being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. See the attached SOW for requirement information.
(5) Terms of any express warranty
(6) Price and any discount terms;
(7) "Remit to" address, if different than mailing address;
(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically), and completed copies of FAR 52.209-5 and FAR 52.209-11.;
(9) Acknowledgment of Solicitation Amendments.
(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information).
(11) Include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.
(12) See “Special Contract Requirements” below:
• The contractor must have a pool of Board Certified physicians that includes ALL of the following: orthopedics, spine surgery, hand surgery, neurosurgery, neurology, cardiology, emergency medicine, pediatrics and all pediatrics sub-specialties, radiology and all radiology sub-specialties, internal medicine and all internal medicine sub-specialties.
• Contractors cannot serve as expert witnesses in any suit against the Federal Government.
• All Contractor (and/or any subcontractor) employees assigned to work on this contract shall complete the applicable HHS/IHS Contractor Information Security Awareness, Privacy (HIPPA), and Records Management training (additional information provided upon contract award) before performing any work under this contract. Thereafter, the employees shall complete IHS-specified Information Security Awareness, Privacy (HIPPA), and Records Management training at least annually, during the life of this contract. All provided training shall be compliant with IHS training policies. All required trainings are available electronically.
In addition, the contractor must abide by applicable HIPPA regulations and complete a Business Associate Agreement and a HHS Records Sharing and Confidentiality Agreement. A “business associate” is a person or entity, other than a member of the workforce of a covered entity, who performs functions or activities on behalf of, or provides certain services to, a covered entity that involve access by the business associate to protected health information. This agreements will be provided to the contractor receiving the award for execution when the award package is transmitted. For reference, a standard Business Associate Agreement and IHS Quality Assurance Records Sharing And Confidentiality Agreement utilized within the IHS for contracting purposes have been attached to this solicitation.
Bid MUST be good for 60 calendar days after close of Buy.
Pricing Sheet/Table attached to this solicitation must be utilized and included with proposal submission. The maximum number of claims reviewed per period will be 50. Both “Per Claim” rate and the total estimated cost per period (“Per Claim” rate x 50 claims) should be included for CLIN0001 through CLIN0005 on the Pricing Sheet/Table.
Proposals must be submitted by e-mail using pdf or MSWord to the following:
Primary POC: Brendon Moran, Contracting Officer, at Brendon.Moran@ihs.gov.
Proposals are due no later than 11:59 PM (EST) on December 12, 2024.
-Confidentiality-
No proprietary, classified, confidential, or sensitive information should be included in your response. The Government reserves the right to use any non-proprietary technical information in any resultant solicitation(s).
-Important Information-
Proposals shall be evaluated for the Lowest Price Technically Acceptable using the following factors: Technical Capability, Past Performance and Price. An award will be made only in the event that the offeror's proposal is found to be technically acceptable and is determined responsive and responsible in accordance with the terms and conditions of the solicitation. *The Source Selection Plan has been attached to this solicitation for additional information.
This solicitation requires registration with the System for Award Management (SAM) prior to award, pursuant to applicable regulations and guidelines. Registration information can be found at www.sam.gov.
The selected Offeror must comply with the following commercial item terms and conditions, which are incorporated herein by full text or reference:
FAR 52.209-5, Certification Regarding Responsibility Matters (AUG 2020)
(a)
(1) The Offeror certifies, to the best of its knowledge and belief, that --
(i) The Offeror and/or any of its Principals --
(A) Are [_] are not [_] presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;
(B) Have [_] have not [_], within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and
(C) Are [_] are not [_] presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision; and
(D) Have [_], have not [_], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.
(1) Federal taxes are considered delinquent if both of the following criteria apply:
(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.
(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.
(2) Examples.
(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.
(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).
(ii) The Offeror has [[_] has not [_], within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.
(2) “Principal,” for the purposes of this certification, means an officer; director; owner; partner; or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).
This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.
(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror’s responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.
(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.
FAR 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016)
1. (a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that-
a. (1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or
b. (2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.
2. (b) The Offeror represents that-
a. (1) It is ñ is not ñ a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and
b. (2) It is ñ is not ñ a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.
FAR 52.212-1, Instructions to Offerors - Commercial Items, applies to this acquisition; See "-Instructions to Offerors-" section listed above.
FAR 52.212-2, Evaluation - Commercial Items (NOV 2021)
(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: Technical Capability, Past Performance and Price.
Technical Capability and Past Performance, when combined, are less important than price. Adjectival ratings will primarily be used to score the factors.
See the attachment titled "Source Selection Plan" for additional evaluation information.
(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 offer's 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.
An award will be made only in the event that the offeror's proposal is found to be technically acceptable and is determined responsive and responsible in accordance with the terms and conditions of the solicitation.
FAR 52.212-3, Offeror Representations and Certifications - Commercial Items (MAY 2024);
*See attachment “FAR 52.212-3”
FAR 52.212-4, Contract Terms and Conditions - Commercial Items (NOV 2023);
*See attachment titled “FAR 52.212-4”
FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders - Commercial Products and Commercial Services (NOV 2024), paragraph (a) and the following clauses in paragraph (b): 52.203-6, 52.209-6, 52.219-6, 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, 52.222-53, 52.223-18, 52.224-3, 52.225-13, 52.232-33. Incorporated by reference. The full text of the referenced FAR clauses may be accessed electronically at https://www.acquisition.gov/far/.
FAR 52.217-5, Evaluation of Options.
Evaluation of Options (JUL 1990)
Except when it is determined in accordance with FAR17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).
FAR 52.217-8 Option to Extend Services.
Option to Extend Services (Nov 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.
FAR 52.217-9 Option to Extend the Term of the Contract.
Option to Extend the Term of the Contract (Mar 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 15 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 66 months.
FAR 52.227-14, Rights in Data – General.
Rights in Data – General (May 2014). Incorporated by reference. The full text of the referenced FAR clauses may be accessed electronically at https://www.acquisition.gov/far/.
Attachments:
SOW, Source Selection Plan, Pricing Sheet/Table, Business Associate Agreement (Blank), IHS Quality Assurance Records Sharing And Confidentiality Agreement (Blank), FAR 52.212-3, FAR 52.212-4
