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SERIAL 16040-RFP MEDICAL LABORATORY SERVICES
DATE OF LAST REVISION: April 20, 2016 CONTRACT END DATE: March 31, 2018
CONTRACT PERIOD THROUGH MARCH 31, 2018
TO: All Departments
FROM: Office of Procurement Services
SUBJECT: Contract for MEDICAL LABORATORY SERVICES
Attached to this letter is published an effective purchasing contract for products and/or services to be supplied to
Maricopa County activities as awarded by Maricopa County on April 20, 2016 (Eff. 04/01/16).
All purchases of products and/or services listed on the attached pages of this letter are to be obtained from the
vendor holding the contract. Individuals are responsible to the vendor for purchases made outside of contracts.
The contract period is indicated above.
AS/mm
Attach
Copy to: Office of Procurement Services
Lisa Gardner, Correctional Health Services
(Please remove Serial 09088-S from your contract notebooks)
CONTRACT PURSUANT TO RFP
SERIAL 16040-RFP
This Contract is entered into this 20 th day of April, 2016 by and between Maricopa County ("County"), a political
subdivision of the State of Arizona, and BioReference Laboratories, Inc., a New Jersey corporation ("Contractor")
for the purchase of medical/clinical laboratory services and computerized test results to patients in Maricopa
County jail and detention facilities.
1.0 CONTRACT TERM:
1.1 This Contract is for a term of two (2) years, beginning on the 1 st day of April, 2016 and ending
the 31 st day of March, 2018.
1.2 The County may, at its option and with the agreement of the Contractor, renew the term of this
Contract for additional terms up to a maximum of four (4) additional years, (or at the County's
sole discretion, extend the contract on a month-to-month bases for a maximum of six (6) months
after expiration). The County shall notify the Contractor in writing of its intent to extend the
Contract term at least sixty (60) calendar days prior to the expiration of the original contract
term, or any additional term thereafter.
2.0 FEE ADJUSTMENTS:
2.1 Any request for a fee adjustment must be submitted sixty (60) days prior to the current Contract
expiration date. Requests for adjustment in cost of labor and/or materials must be supported by
appropriate documentation. If County agrees to the adjusted fee, County shall issue written
approval of the change.
2.2 The reasonableness of the request will be determined by comparing the request with the
(Consumer Price Index) or by performing a market survey.
3.0 PAYMENTS:
3.1 As consideration for perfoi fiance of the duties described herein, County shall pay Contractor the
sum(s) stated in Exhibit "A."
3.2 Payment shall be made upon the County's receipt of a properly completed invoice.
3.3 INVOICES:
3.3.1 The Contractor shall submit one (1) legible copy of their detailed invoice before
payment(s) can be made. Incomplete invoices will not be processed. At a minimum,
the invoice must provide the following information:
Company name, address and contact
County bill-to name and contact information
Contract Serial Number
County purchase order number
Invoice number and date
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Name and booking number of each patient to whom service was provided
Name/identifier of CHS facility for which services were provided
Name of medical provider who requested the service
Payment terms
Date of service
Itemized breakdown of each cost involved
Contract Item number(s)
Extended price
Arrival and completion time (if applicable)
Total Amount Due
3.3.2 Problems regarding billing or invoicing shall be directed to the using agency as listed on
the Purchase Order.
3.3.3 Payment shall be made to the Contractor by Accounts Payable through the Maricopa
County Vendor Express Payment Program. This is an Electronic Funds Transfer (EFT)
process. After Contract Award the Contractor shall complete the Vendor Registration
Form located on the County Department of Finance Vendor Registration Web Site
(http ://www.maricopa.gov/FinanceNendors .aspx).
3.3.4 Discounts offered in the contract shall be calculated based on the date a properly
completed invoice is received by the County (ROI).
3.3.5 EFT payments to the routing and account numbers designated by the Contractor will
include the details on the specific invoices that the payment covers. The Contractor is
required to discuss remittance delivery capabilities with their designated financial
institution for access to those details.
3.4 INTERFACE IMPLEMENTATION FOR ELECTRONIC HEALTH RECORD SYSTEM:
3.4.1 The Respondent shall complete the required interface with the current Maricopa County
Electronic Health Records System within twenty one (21) days of the Notice to Proceed
or Purchase Order issuance by the County. The Respondent shall demonstrate to the
County an acceptable plan for implementation as part of their response to this solicitation.
The County intends to negotiate liquidated damages in the final contract with the
successful respondent to ensure compliance with these requirements.
3.5 APPLICABLE TAXES:
3.5.1 Payment of Taxes: The Contractor shall pay all applicable taxes. With respect to any
installation labor on items that are not attached to real property performed by Contractor
under the terms of this Contract, the installation labor cost and the gross receipts for
materials provided shall be listed separately on the Contractor's invoices.
3.5.2 State and Local Transaction Privilege Taxes: Maricopa County is subject to all
applicable state and local transaction privilege taxes. To the extent any state and local
transaction privilege taxes apply to sales made under the terms of this contract_it is the
responsibility of the seller to collect and remit all applicable taxes to the proper taxing
jurisdiction of authority.
3.5.3 Tax Indemnification: Contractor and all subcontractors shall pay all Federal, state, and
local taxes applicable to its operation and any persons employed by the Contractor.
Contractor shall, and require all subcontractors to hold Maricopa County harmless from
any responsibility for taxes, damages and interest, if applicable, contributions required
under Federal, and/or state and local laws and regulations and any other costs including
transaction privilege taxes, unemployment compensation insurance, Social Security and
Worker's Compensation.
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3.6 TAX: (SERVICES)
No tax shall be levied against labor. It is the responsibility of the Contractor to determine any and
all taxes and include the same in proposal price.
3.7 STRATEGIC ALLIANCE for VOLUME EXPENDITURES ($AVE):
3.7.1 The County is a member of the $AVE cooperative purchasing group. $AVE includes the
State of Arizona, many Phoenix metropolitan area municipalities, and many K-12 unified
school districts. Under the $AVE Cooperative Purchasing Agreement, and with the
concurrence of the successful Respondent under this solicitation, a member of $AVE
may access a contract resulting from a solicitation issued by the County. If you do not
want to grant such access to a member of $AVE, please so state in your proposal. In the
absence of a statement to the contrary, the County will assume that you do wish to grant
access to any contract that may result from this Request for Proposal.
3.8 INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENTS (ICPA's)
3.8.1 County currently holds ICPA's with numerous governmental entities throughout the State
of Arizona. These agreements allow those entities, with the approval of the Contractor, to
purchase their requirements under the terms and conditions of the County Contract.
Please indicate on Attachment A, your acceptance or rejection regarding such
participation of other governmental entities. Your response will not be considered as an
evaluation factor in awarding a contract
4.0 AVAILABILITY OF FUNDS:
4.1 The provisions of this Contract relating to payment for services shall become effective when funds
assigned for the purpose of compensating the Contractor as herein provided are actually available
to County for disbursement. The County shall be the sole judge and authority in determining the
availability of funds under this Contract. County shall keep the Contractor fully informed as to the
availability of funds.
4.2 If any action is taken by any state agency, Federal department or any other agency or
instrumentality to suspend, decrease, or terminate its fiscal obligations under, or in connection
with, this Contract, County may amend, suspend, decrease, or terminate its obligations under, or in
connection with, this Contract. In the event of termination, County shall be liable for payment
only for services rendered prior to the effective date of the termination, provided that such services
are performed in accordance with the provisions of this Contract. County shall give written notice
of the effective date of any suspension, amendment, or termination under this Section, at least ten
(10) days in advance.
5.0 DUTIES:
5.1 The Contractor shall perform all duties stated in Exhibit "B", or as otherwise directed in writing
by the Procurement Officer.
5.2 During the Contract term, County may provide Contractor's personnel with adequate workspace
for consultants and such other related facilities as may be required by Contractor to carry out its
contractual obligations.
6.0 TERMS and CONDITIONS:
6.1 INDEMNIFICATION:
To the fullest extent permitted by law, and to the extent that claims, damages, losses or expenses
are not covered and paid by insurance purchased by the Contractor, the Contractor shall defend
indemnify and hold harmless the County (as Owner), its agents, representatives, agents, officers,
directors, officials, and employees from and against all claims, damages, losses, and expenses
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(including, but not limited to attorneys' fees, court costs, expert witness fees, and the costs and
attorneys' fees for appellate proceedings) arising out of, or alleged to have resulted from the
negligent acts, errors, omissions, or mistakes relating to the performance of this Contract.
Contractor's duty to defend, indemnify, and hold harmless the County, its agents, representatives,
agents, officers, directors, officials, and employees shall arise in connection with any claim,
damage, loss, or expense that is attributable to bodily injury, sickness, disease, death or injury to,
impairment of, or destruction of tangible property, including loss of use resulting there from,
caused by negligent acts, errors, omissions, or mistakes in the performance of this Contract, but
only to the extent caused by the negligent acts or omissions of the Contractor, a subcontractor, any
one directly or indirectly employed by them, or anyone for whose acts they may be liable,
regardless of whether or not such claim, damage, loss, or expense is caused in part by a party
indemnified hereunder.
The amount and type of insurance coverage requirements set forth herein will in no way be
construed as limiting the scope of the indemnity in this paragraph.
The scope of this indemnification does not extend to the sole negligence of County.
6.2 INSURANCE.
6.2.1 Contractor, at Contractor's own expense, shall purchase and maintain the herein
stipulated minimum insurance from a company or companies duly licensed by the State
of Arizona and possessing a current A.M. Best, Inc. rating of B++. In lieu of State of
Arizona licensing, the stipulated insurance may be purchased from a company or
companies, which are authorized to do business in the State of Arizona, provided that
said insurance companies meet the approval of County. The form of any insurance
policies and forms must be acceptable to County.
6.2.2 All insurance required herein shall be maintained in full force and effect until all work or
service required to be performed under the terms of the Contract is satisfactorily
completed and formally accepted. Failure to do so may, at the sole discretion of County,
constitute a material breach of this Contract.
6.2.3 Contractor's insurance shall be primary insurance as respects County, and any insurance
or self-insurance maintained by County shall not contribute to it.
6.2.4 Any failure to comply with the claim reporting provisions of the insurance policies or any
breach of an insurance policy warranty shall not affect the County's right to coverage
afforded under the insurance policies.
6.2.5 The insurance policies may provide coverage that contains deductibles or self-insured
retentions. Such deductible and/or self-insured retentions shall not be applicable with
respect to the coverage provided to County under such policies. Contractor shall be solely
responsible for the deductible and/or self-insured retention and County, at its option, may
require Contractor to secure payment of such deductibles or self-insured retentions by a
surety bond or an irrevocable and unconditional letter of credit.
6.2.6 The insurance policies required by this Contract, except Workers' Compensation and
Errors and Omissions, shall name County, its agents, representatives, officers, directors,
officials and employees as Additional Insureds.
6.2.7 The policies required hereunder, except Workers' Compensation and Errors and
Omissions, shall contain a waiver of transfer of rights of recovery (subrogation) against
County, its agents, representatives, officers, directors, officials and employees for any
claims arising out of Contractor's work or service.
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6.2.8 Commercial General Liability.
Commercial General Liability insurance and, if necessary, Commercial Umbrella
insurance with a limit of not less than $2,000,000 for each occurrence, $4,000,000
Products/Completed Operations Aggregate, and $4,000,000 General Aggregate Limit.
The policy shall include coverage for premises liability, bodily injury, broad form
property damage, personal injury, products and completed operations and blanket
contractual coverage, and shall not contain any provisions which would serve to limit
third party action over claims. There shall be no endorsement or modifications of the
CGL limiting the scope of coverage for liability arising from explosion, collapse, or
underground property damage.
6.2.9 Automobile Liability.
Commercial/Business Automobile Liability insurance and, if necessary, Commercial
Umbrella insurance with a combined single limit for bodily injury and property damage
of not less than $1,000,000 each occurrence with respect to any of the Contractor's
owned, hired, and non-owned vehicles assigned to or used in performance of the
Contractor's work or services or use or maintenance of the Premises under this Contract.
6.2.10 Workers' Compensation.
Workers' Compensation insurance to cover obligations imposed by federal and state
statutes having jurisdiction of Contractor's employees engaged in the performance of the
work or services under this Contract; and Employer's Liability insurance of not less than
$1,000,000 for each accident, $1,000,000 disease for each employee, and $1,000,000
disease policy limit.
Contractor, its contractors and its subcontractors waive all rights against Contract and its
agents, officers, directors and employees for recovery of damages to the extent these
damages are covered by the Workers' Compensation and Employer's Liability or
commercial umbrella liability insurance obtained by Contractor, its contractors and its
subcontractors pursuant to this Contract.
6.2.11 Errors and Omissions (Professional Liability) Insurance.
Errors and Omissions (Professional Liability) insurance and, if necessary, Commercial
Umbrella insurance, which will insure and provide coverage for errors or omissions or
professional liability of the CONTRACTOR, with limits of no less than $2,000,000 for
each claim.
6.2.12 Medical Mal —
Medical Malpractice insurance and, if necessary, Commercial Umbrella insurance, which
will insure and provide coverage for Medical Malpractice of the Contractor, with limits
of no less than $5,000,000 for each claim.
6.2.13 Certificates of Insurance.
6.2.13.1 Prior to Contract AWARD, Contractor shall furnish the County with valid and
complete certificates of insurance, or formal endorsements as required by the
Contract in the form provided by the County, issued by Contractor's insurer(s),
as evidence that policies providing the required coverage, conditions and limits
required by this Contract are in full force and effect. Such certificates shall
identify this contract number and title.
6.2.13.2 In the event any insurance policy (ies) required by this contract is (are) written
on a "claims made" basis, coverage shall extend for two years past completion
and acceptance of Contractor's work or services and as evidenced by annual
Certificates of Insurance.
SERIAL 16040-RFP
6.2.13.3 If a policy does expire during the life of the Contract, a renewal certificate must
be sent to County fifteen (15) days prior to the expiration date.
6.2.14 Cancellation and Expiration Notice.
Applicable to all insurance policies required within the Insurance Requirements of this
Contract, Contractor's insurance shall not be permitted to expire, be suspended, be
canceled, or be materially changed for any reason without thirty (30) days prior written
notice to Maricopa County. Contractor must provide to Maricopa County, within 2
business days of receipt, if they receive notice of a policy that has been or will be
suspended, canceled, materially changed for any reason, has expired, or will be expiring.
Such notice shall be sent directly to Maricopa County Office of Procurement Services
and shall be mailed or hand delivered to 320 West Lincoln Street, Phoenix, AZ 85003, or
emailed to Procurement Officer noted in solicitation.
6.3 FORCE MAJEURE
6.3.1 Neither party shall be liable for failure of performance, nor incur any liability to the other
party on account of any loss or damage resulting from any delay or failure to perform all
or any part of this Contract if such delay or failure is caused by events, occurrences, or
causes beyond the reasonable control and without negligence of the parties. Such events,
occurrences, or causes will include Acts of God/Nature (including fire, flood, earthquake,
storm, hurricane or other natural disaster), war, invasion, act of foreign enemies,
hostilities (whether war is declared or not), civil war, riots, rebellion, revolution,
insurrection, military or usurped power or confiscation, terrorist activities,
nationalization, government sanction, lockout, blockage, embargo, labor dispute, strike,
interruption or failure of electricity or telecommunication service.
6.3.2 Each party, as applicable, shall give the other party notice of its inability to perform and
particulars in reasonable detail of the cause of the inability. Each party must use best
efforts to remedy the situation and remove, as soon as practicable, the cause of its
inability to perform or comply.
6.3.3 The party asserting Force Majeure as a cause for non-performance shall have the burden
of proving that reasonable steps were taken to minimize delay or damages caused by
foreseeable events, that all non-excused obligations were substantially fulfilled, and that
the other party was timely notified of the likelihood or actual occurrence which would
justify such an assertion, so that other prudent precautions could be contemplated.
6.3.4 The County shall reserve the right to terminate this Contract and/or any applicable order
or contract release purchase order upon non-performance by Contractor. The County
shall reserve the right to extend the Contract and time for performance at its discretion.
6.4 WARRANTY OF SERVICES:
6.4.1 The Contractor warrants that all services provided hereunder will conform to the
requirements of the Contract, including all descriptions, specifications and attachments
made a part of this Contract. County's acceptance of services or goods provided by the
Contractor shall not relieve the Contractor from its obligations under this warranty.
6.4.2 In addition to its other remedies, County may, at the Contractor's expense, require prompt
correction of any services failing to meet the Contractor's warranty herein. Services
corrected by the Contractor shall be subject to all the provisions of this Contract in the
manner and to the same extent as services originally furnished hereunder.
6.5 INSPECTION OF SERVICES:
6.5.1 The Contractor shall provide and maintain an inspection system acceptable to County
covering the services under this Contract. Complete records of all inspection work
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performed by the Contractor shall be maintained and made available to County during
contract performance and for as long afterwards as the Contract requires.
6.5.2 County has the right to inspect and test all services called for by the Contract, to the
extent practicable at all times and places during the term of the Contract. County shall
perform inspections and tests in a manner that will not unduly delay the work.
6.5.3 If any of the services do not conform to Contract requirements, County may require the
Contractor to perform the services again in conformity with Contract requirements, at no
cost to the County. When the defects in services cannot be corrected by re-performance,
County may:
6.5.3.1 Require the Contractor to take necessary action to ensure that future
performance conforms to Contract requirements; and
6.5.3.2 Reduce the Contract price to reflect the reduced value of the services performed.
6.5.4 If the Contractor fails to promptly perform the services again or to take the necessary
action to ensure future performance in conformity with Contract requirements, County
may:
6.5.4.1 By Contract or otherwise, perform the services and charge to the Contractor,
through direct billing or through payment reduction, any cost incurred by
County that is directly related to the performance of such service; or
6.5.4.2 Terminate the Contract for default.
6.6 REQUIREMENTS CONTRACT:
6.6.1 Contractors signify their understanding and agreement by signing a bid submittal, that the
Contract resulting from the bid is a requirements contract. However, the Contract does
not guarantee any minimum or maximum number of purchases will be made. It only
indicates that if purchases are made for the materials or services contained in the
Contract, they will be purchased from the Contractor awarded that item if the Contractor
can meet all the delivery requirements of the County. Orders will only be placed when
the County identifies a need and proper authorization and documentation have been
approved.
6.6.2 County reserves the right to cancel Purchase Orders within a reasonable period of time
after issuance. Should a Purchase Order be canceled, the County agrees to reimburse the
Contractor for actual and documentable costs incurred by the Contractor in response to
the Purchase Order. The County will not reimburse the Contractor for any costs incurred
after receipt of County notice of cancellation, or for lost profits, shipment of product prior
to issuance of Purchase Order, etc.
6.6.3 Contractors agree to accept verbal notification of cancellation of Purchase Orders from
the County Procurement Officer with written notification to follow. By submitting a bid
in response to this Invitation for Bids, the Contractor specifically acknowledges to be
bound by this cancellation policy.
6.7 Background Check:
Contractors need to be aware that there may be multiple background checks (Sheriff's Office —
Detention and Sheriff's Office Facilities Security Guidelines and Prison Rape Elimination Act
(PREA), County Attorney's Office, Courts as well as Maricopa County general government) to
determine if the respondents employees are acceptable for the contractor to do business with the
County. This applies to (but is not limited to) the company and sub-contractors. Employees or
others who fail to pass these checks shall not be allowed to work on County projects. Failure to
meet these requirements may lead to termination of the contract.
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6.8 Suspension of Work
The Procurement Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or
any part of the work of this contract for the period of time that the Procurement Officer determines
appropriate for the convenience of the County. No adjustment shall be made under this clause for
any suspension, delay, or interruption to the extent that performance would have been so
suspended, delayed, or interrupted by any other cause, including the fault or negligence of the
Contractor. No request for adjustment under this clause shall be granted unless the claim, in an
amount stated, is asserted in writing as soon as practicable after the termination of the suspension,
delay, or interruption, but not later than the date of final payment under the contract.
6.9 Stop Work Order
The Procurement Officer may, at any time, by written order to the Contractor, require the
Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days
after the order is delivered to the Contractor, and for any further period to which the parties may
agree. The order shall be specifically identified as a stop work order issued under this clause.
Upon receipt of the order, the Contractor shall immediately comply with its terms and take all
reasonable steps to minimize the incurrence of costs allocable to the work covered by the order
during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to
the Contractor, or within any extension of that period to which the parties shall have agreed, the
Procurement Officer shall either-
6.9.1 Cancel the stop-work order; or
6.9.2 Terminate the work covered by the order as provided in the Default, or the Termination
for Convenience of the County, clause of this contract.
6.9.3 The Procurement Officer may make an equitable adjustment in the delivery schedule
and/or contract price, or otherwise, and the contract shall be modified, in writing,
accordingly, if the Contractor demonstrates that the stop work order resulted in an
increase in costs to the Contractor.
6.10 UNCONDITIONAL TERMINATION FOR CONVENIENCE:
Maricopa County may terminate the resultant Contract for convenience by providing sixty (60)
calendar days advance notice to the Contractor.
6.11 TERMINATION FOR DEFAULT:
The County may, by written notice of default to the Contractor, terminate this contract in whole or
in part if the Contractor fails to:
6.11.1 Deliver the supplies or to perform the services within the time specified in this contract or
any extension;
6.11.2 Make progress, so as to endanger performance of this contract; or
6.11.3 Perform any of the other provisions of this contract.
6.11.4 The County's right to terminate this contract under these subparagraph may be exercised
if the Contractor does not cure such failure within 10 days (or more if authorized in
writing by the County) after receipt of the notice from the Procurement Officer
specifying the failure.
6.12 STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST:
Notice is given that pursuant to A.R.S. § 38-511 the County may cancel any Contract without
penalty or further obligation within three years after execution of the contract, if any person
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significantly involved in initiating, negotiating, securing, drafting or creating the contract on
behalf of the County is at any time while the Contract or any extension of the Contract is in effect,
an employee or agent of any other party to the Contract in any capacity or consultant to any other
party of the Contract with respect to the subject matter of the Contract. Additionally, pursuant to
A.R.S § 38-511 the County may recoup any fee or commission paid or due to any person
significantly involved in initiating, negotiating, securing, drafting or creating the contract on
behalf of the County from any other party to the contract arising as the result of the Contract.
6.13 CONTRACTOR LICENSE REQUIREMENT:
6.13.1 The Respondent shall procure all permits, insurance, licenses and pay the charges and
fees necessary and incidental to the lawful conduct of his/her business, and as necessary
complete any required certification requirements, required by any and all governmental or
non-governmental entities as mandated to maintain compliance with and in good standing
for all permits and/or licenses. The Respondent shall keep fully informed of existing and
future trade or industry requirements, Federal, State and Local laws, ordinances, and
regulations which in any manner affect the fulfillment of a Contract and shall comply
with the same. Contractor shall immediately notify both Office of Procurement Services
and the using agency of any and all changes concerning permits, insurance or licenses.
6.13.2 Respondents furnishing finished products, materials or articles of merchandise that will
require installation or attachment as part of the Contract, shall possess any licenses
required. A Respondent is not relieved of its obligation to posses the required licenses by
subcontracting of the labor portion of the Contract. Respondents are advised to contact
the Arizona Registrar of Contractors, Chief of Licensing, at (602) 542-1525 to ascertain
licensing requirements for a particular contract. Respondents shall identify which
license(s), if any, the Registrar of Contractors requires for performance of the Contract.
6.14 SUBCONTRACTING:
6.14.1 The Contractor may not assign to another Contractor or Subcontract to another party for
performance of the terms and conditions hereof without the written consent of the
County. All correspondence authorizing subcontracting must reference the Bid Serial
Number and identify the job project.
6.14.2 The Subcontractor's rate for the job shall not exceed that of the Prime Contractor's rate,
as bid in the pricing section, unless the Prime Contractor is willing to absorb any higher
rates or the County has approved the increase. The Subcontractor's invoice shall be
invoiced directly to the Prime Contractor, who in turn shall pass-through the costs to the
County, without mark-up. A copy of the Subcontractor's invoice must accompany the
Prime Contractor's invoice.
6.15 AMENDMENTS:
All amendments to this Contract shall be in writing and approved/signed by both parties. Maricopa
County Office of Procurement Services shall be responsible for approving all amendments for
Maricopa County.
6.16 ADDITIONS/DELETIONS OF SERVICE:
6.16.1 The County reserves the right to add and/or delete materials and services to a Contract. If
a service requirement is deleted, payment to the Contractor will be reduced
proportionately, to the amount of service reduced in accordance with the bid price. If
additional materials or services are required from a Contract, prices for such additions
will be negotiated between the Contractor and the County.
6.16.2 The County reserves the right of final approval on proposed staff for all Task Orders.
Also, upon request by the County, the Contractor will be required to remove any
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employees working on County projects and substitute personnel based on the discretion
of the County within two business days, unless previously approved by the County.
6.17 VALIDITY:
The invalidity, in whole or in part, of any provision of this Contract shall not void or affect the
validity of any other provision of the Contract.
6.18 SEVERAB1LITY:
The invalidity, in whole or in part, of any provision of this Contract shall not void or affect the
validity of any other provision of this Contract.
6.19 RIGHTS IN DATA:
The County shall have the use of data and reports resulting from a Contract without additional cost
or other restriction except as may be established by law or applicable regulation. Each party shall
supply to the other party, upon request, any available information that is relevant to a Contract and
to the performance thereunder.
6.20 NON-DISCRIMINATION:
CONTRACTOR agrees to comply with all provisions and requirements of Arizona Executive
Order 2009-09 including flow down of all provisions and requirements to any subcontractors.
Executive Order 2009-09 supersedes Executive order 99-4 and amends Executive order 75-5 and
may be viewed and downloaded at the Governor of the State of Arizona's website
http://azmemory.azlibrary.gov/cdm/singleitem/collection/execorders/ici/680/rec/1 which is hereby
incorporated into this contract as if set forth in full herein. During the performance of this contract,
CONTRACTOR shall not discriminate against any employee, client or any other individual in any
way because of that person's age, race, creed, color, religion, sex, disability or national origin.
6.21 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
6.21.1 The undersigned (authorized official signing for the Contractor) certifies to the best of his
or her knowledge and belief, that the Contractor
6.21.1.1 is not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any Federal
Department or agency;
6.21.1.2 have not within 3-year period preceding this Contract 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) transaction or contract under a
public transaction; violation of Federal or State antitrust statues or
commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
6.21.1.3 are not presently indicted or otherwise criminally or civilly charged by a
government entity (Federal, State or local) with commission of any of the
offenses enumerated in paragraph (2) of this certification; and
6.21.1.4 have not within a 3-year period preceding this Contract had one or more
public transaction (Federal, State or local) terminated for cause of default.
6.21.2 The Contractor agrees to include, without modification, this clause in all lower tier
covered transactions (i.e. transactions with subcontractors) and in all solicitations for
lower tier covered transactions related to this Contract.
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6.22 VERIFICATION REGARDING COMPLIANCE WITH ARIZONA REVISED STATUTES §41-
4401 AND FEDERAL IMMIGRATION LAWS AND REGULATIONS:
6.22.1 By entering into the Contract, the Contractor warrants compliance with the Immigration
and Nationality Act (INA using e-verify) and all other federal immigration laws and
regulations related to the immigration status of its employees and A.R.S. §23-214(A). The
contractor shall obtain statements from its subcontractors certifying compliance and shall
furnish the statements to the Procurement Officer upon request. These warranties shall
remain in effect through the term of the Contract. The Contractor and its subcontractors
shall also maintain Employment Eligibility Verification forms (I-9) as required by the
Immigration Reform and Control Act of 1986, as amended from time to time, for all
employees performing work under the Contract and verify employee compliance using the
E-verify system and shall keep a record of the verification for the duration of the
employee's employment or at least three years, whichever is longer. 1-9 forms are available
for download at USCIS.GOV .
6.22.2 The County retains the legal right to inspect contractor and subcontractor employee
documents performing work under this Contract to verify compliance with paragraph 6.22
of this Section. Contractor and subcontractor shall be given reasonable notice of the
County's intent to inspect and shall make the documents available at the time and date
specified. Should the County suspect or find that the Contractor or any of its subcontractors
are not in compliance, the County will consider this a material breach of the contract and
may pursue any and all remedies allowed by law, including, but not limited to: suspension
of work, termination of the Contract for default, and suspension and/or debarment of the
Contractor. All costs necessary to verify compliance are the responsibility of the Contractor.
6.23 INFLUENCE
As prescribed in MCI -1202 of the Maricopa County Procurement Code, any effort to influence an
employee or agent to breach the Maricopa County Ethical Code of Conduct or any ethical conduct
may be grounds for Disbarment or Suspension under MC1-902.
An attempt to influence includes, but is not limited to:
6.23.1 A Person offering or providing a gratuity, gift, tip, present, donation, money,
entertainment or educational passes or tickets, or any type valuable contribution or
subsidy,
6.23.2 That is offered or given with the intent to influence a decision, obtain a contract, garner
favorable treatment, or gain favorable consideration of any kind.
If a Person attempts to influence any employee or agent of Maricopa County, the Chief
Procurement Officer, or his designee, reserves the right to seek any remedy provided by the
Maricopa County Procurement Code, any remedy in equity or in the law, or any remedy provided
by this contract.
6.24 CONTRACTOR EMPLOYEE WH1STLEBLOWER RIGHTS AND REQUIREMENT TO
INFORM EMPLOYEES OF WHISTLERBLOWER RIGHTS.
6.24.1 The Parties agree that this Contract and employees working on this Contract will be
subject to the whistleblower rights and remedies in the pilot program on contractor
employee whistleblower protections established at 41 U.S.C. § 4712 by section 828 of the
National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and section
3.908 of the Federal Acquisition Regulation;
6.24.2 Contractor shall inform its employees in writing, in the predominant language of the
workforce, of employee whistleblower rights and protections under 41 U.S.C. § 4712, as
described in section 3.908 of the Federal Acquisition Regulation. Documentation of such
employee notification must be kept on file by Contractor and copies provided to County
upon request.
SERIAL 16040-RFP
6.24.3 Contractor shall insert the substance of this clause, including this paragraph (c), in all
subcontracts over the simplified acquisition threshold ($150,000 as of September 2013).
6.25 ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR
OTHER REVIEW:
6.25.1 In accordance with section MCI 371 of the Maricopa County Procurement Code the
Contractor agrees to retain all books, records, accounts, statements, reports, files, and
other records and back-up documentation relevant to this Contract for six (6) years after
final payment or until after the resolution of any audit questions which could be more
than six (6) years, whichever is latest. The County, Federal or State auditors and any
other persons duly authorized by the Department shall have full access to, and the right to
examine, copy and make use of, any and all said materials.
6.25.2 If the Contractor's books, records , accounts, statements, reports, files, and other records
and back-up documentation relevant to this Contract are not sufficient to support and
document that requested services were provided, the Contractor shall reimburse Maricopa
County for the services not so adequately supported and documented.
6.25.3 If at any time it is determined by the County that a cost for which payment has been made
is a disallowed cost, the County shall notify the Contractor in writing of the disallowance.
The course of action to address the disallowance shall be at sole discretion of the County,
and may include either an adjustment to future invoices, request for credit, request for a
check or deduction from current billings Submitted by the Contractor by the amount of
the disallowance, or to require reimbursement forthwith of the disallowed amount by the
Contractor by issuing a check payable to Maricopa County.
6.26 AUDIT DISALLOWANCES:
If at any time, County determines that a cost for which payment has been made is a disallowed
cost, such as overpayment, County shall notify the Contractor in writing of the disallowance.
County shall also state the means of correction, which may be but shall not be limited to
adjustment of any future claim submitted by the Contractor by the amount of the disallowance, or
to require repayment of the disallowed amount by the Contractor.
6.27 OFFSET FOR DAMAGES;
In addition to all other remedies at Law or Equity, the County may offset from any money due to
the Contractor any amounts Contractor owes to the County for damages resulting from breach or
deficiencies in performance of the contract.
6.28 PUBLIC RECORDS:
Under Arizona law, all Offers submitted and opened are public records and must be retained by
the Records Manager at the Office of Procurement Services. Offers shall be open to public
inspection and copying after Contract award and execution, except for such Offers or sections
thereof determined to contain proprietary or confidential information, by the Office of
Procurement Services. If an Offeror believes that information in its Offer or any resulting Contract
should not be released in response to a public record request under Arizona law, the Offeror shall
indicate the specific information deemed confidential or proprietary and submit a statement with
its offer detailing the reasons that the information should not be disclosed. Such reasons shall
include the specific harm or prejudice which may arise from disclosure. The Records Manager of
the Office of Procurement Services shall determine whether the identified information is
confidential pursuant to the Maricopa County Procurement Code.
SERIAL 16040-RFP
6.29 PRICES:
Contractor warrants that prices extended to County under this Contract are no higher than those
paid by any other customer for these or similar services.
6.30 IN I EGRATION:
This Contract represents the entire and integrated agreement between the parties and supersedes
all prior negotiations, proposals, communications, understandings, representations, or agreements,
whether oral or written, express or implied.
6.31 RELATIONSHIPS:
In the performance of the services described herein, the Contractor shall act solely as an
independent contractor, and nothing herein or implied herein shall at any time be construed as to
create the relationship of employer and employee, co-employee, partnership, principal and agent,
or joint venture between the County and the Contractor.
6.32 GOVERNING LAW:
This Contract shall be governed by the laws of the state of Arizona. Venue for any actions or
lawsuits involving this Contract will be in Maricopa County Superior Court or in the United States
District Court for the District of Arizona, sitting in Phoenix, Arizona
6.33 ORDER OF PRECEDENCE:
In the event of a conflict in the provisions of this Contract and Contractor's license agreement, if
applicable, the terms of this Contract shall prevail.
6.34 INCORPORATION OF DOCUMENTS:
The following are to be attached to and made part of this Contract:
6.34.1 Exhibit A, Pricing;
6.34.2 Exhibit B, Scope of Work;
6.34.3 Narrative
NOTICES:
All notices given pursuant to the terms of this Contract shall be addressed to:
For County:
Maricopa County
Office of Procurement Services
ATTN: Contract Administration
320 West Lincoln Street
Phoenix, Arizona 85003-2494
For Contractor:
BioReference Laboratories, Inc.
Attn: Sujaya Swaroop
481 Edward H Ross Drive
Elmwood Park, NJ 07407-3118
SERIAL 16040-RFP
IN WITNESS WHEREOF, this Contract is executed on the date set forth above.
PAINTED NAME AND TITLE
at..)cord4 Drkr,, avroci PetiV---/USCIL161.
ADDRiESS
U)1°600(fi
DATE
MARICOPA COUNTY
CHAIRMAN, BOARD OF SUPERVISORS DATE
ATTESTED:
CLERK OF THE BOARD DATE
APPROVED AS TO FORM:
LEGAL COUNSEL DATE
SERIAL 16040-RFP
EXHIBIT A
PRICING
SERIAL 16040-REP
NIGP CODE: 94855
RESPONDENT NAME: BioReference Laboratories, Inc.
VENDOR NUMBER :
ADDRESS: 481 Edward H. Ross Drive
Elmwood Park, NJ 07407-3118
P.O. ADDRESS:
TET FPHONE NUMBER: 201-791-2600
FA CSIMIT E NUMBER: 201-791-1941
WEB SITE: www.bioreference.com
REPRESENTATIVE: Sujaya Swaroop
REPRESENTATIVE E-MAIL: sswaroop@bioreference.com
YES NO REBATE
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE SERVICES UNDER THIS CONTRACT:
WILL ACCEPT PROCUREMENT CARD FOR PAYMENT:
WILL OFFER REBATE (CASH OR CREDIT) FOR UTTLIZINGPROCUREMENT CARD:
(Payment shall be made within 48 hours of utilizing the Purchasing Card)
PAYMENT TERMS: RESPONDENT IS REQUIRED TO PICK ONE OF THE FOLLOWING.
PAYMENT TERMS WILL BE CONSIDERED IN DETERMINING LOW BID. FAILURE TO
CHOOSE PAYMENT TERMS WILL RESULT IN A DEFAULT TO NET 30 DAYS.
[ X ] 5% 30 DAYS NET 31 DAYS
1.0 PRICING:
ITEM DESCRIPTION
INDICATE (+) or (-) INDICATE (+)
AHCCCS Pricing or (-) Pricing
1.1 Indicate (+) or(-) AHCCCS Pricing, Percentage off of
AHCCCS pricing -30 %
1.2 Indicate (+) or (-) Pricing, percentage above or below
AHCCCS pricing - Additional tests not recognized by
AHCCCS (Notes to Braver minus -70% applies to
BioReference Published Fees) -70 %
Notes for Buyer: Tests not performed by BioReference Laboratories, Inc. (send out tests) shall be priced at the fee offered to BioReference plus a $10 processing fee.
SERIAL 16040-RFP
EXHIBIT B
SCOPE OF WORK
1.0 INTENT:
The intent is to procure the services of a qualified contractor to provide medical/clinical laboratory services
and computerized test results to patients in Maricopa County jail and detention facilities. These services
will be provided at Maricopa County Correctional Health Services (CHS) facilities and other approved
sites. Maricopa County reserves the right to award this contract to multiple vendors. The County reserves
the right to award in whole or in part, by item or group of items, by section or geographic area, or make
multiple awards, where such action serves the County's best interest.
Contractors shall provide medical/clinical services based upon current AHCCCS "standard pricing" in
effect, on Attachment A (pricing page). The County will adopt any changes and effective dates which are
made to the AHCCCS fee schedule/compensation listings by AHCCCS.
Other governmental entities under agreement with the County may have access to services provided
hereunder (see also Section 3.7 and 3.8 above).
2.0 SCOPE OF WORK:
2.1 BACKGROUND
Contractor shall provide laboratory services to Maricopa County Correctional Health Services
(CHS), as defined herein. CHS is the provider of medical, dental and mental health services for the
Maricopa County jail system located in Phoenix, Arizona. The jail system is the sixth largest in
the United States servicing a daily jail population of approximately 8,500 and 100,000
incarcerated individuals annually. The selected Contractor shall provide comprehensive laboratory
services to include timely completion of laboratory tests (per contractor defined turnaround time
schedule), order entry and results receiving capabilities from CHS computer workstations,
provider results reporting access via internet portal, as well as 24-hour-a-day consultative services
by a department laboratory staff. Laboratory services shall be provided at contractor approved
sites.
This solicitation requires the contractor to provide all computer hardware and/or equipment, order
entry and result reporting software, and supplies and may include installation of wiring to be
compliant with the requirements of this solicitation. Equipment is located in each clinic and may
include a dedicated laboratory order entry computer and label printer. The contractor is expected
to provide various supplies which are integral to compliance with this solicitation. This solicitation
requires written definitions /methodologies sample reports/forms, copies of certifications or
licensing. Please, carefully review this solicitation, to be fully compliant. In the case that a written
response is required, clearly identify your response(s) to the specific requests and the specific
section of this solicitation your response addresses. These responses shall be clearly identified and
attached as amplifying information.
2.2 PROGRAM OVERVIEW:
The Contractor shall address laboratory service requirements for CHS in full compliance with the
requirements/agreement as defined herein. Contractor services shall be defined as specialized
laboratory services including a comprehensive laboratory services program, for CHS. The
successful Contractor shall demonstrate a minimum of five (5) years prior hospital laboratory
and/or correctional health laboratory management experience with similar size and population as
the Maricopa County Jail and Detention facilities and be able to provide laboratory services and
professional consultation within this scope. Contractor services provided shall be in complete
compliance with all current governing federal, state and local laws, statutes, rules and regulations.
Contractor as part of the response shall outline a laboratory service program for six (6) county jails
containing nine (9) patient care service areas with a daily patient population of approximately
SERIAL 16040-RFP
8,200 with an average length of stay (LOS) of twenty-seven (27) days. All jail locations are
located within a thirty-five (35) block radius. Current locations include:
1. 4th Avenue - average census 1900 (includes intake and outpatient clinic)
2. Durango —average census 1500
3. Estrella - .average census 900
4. Towers- average census 800
5. Tent City (Estrella Support)- average census 800
6. Lower Buckeye- average census 2000 (includes 60 bed infirmary, six (6) mental
health units totaling 260 beds and an outpatient clinic
CHS provides medical, dental and mental health services through a combined medical staff of
doctors, psychiatrists, nurse practitioners and physician assistants. The average number of patients
processed through initial intake is over 100,000 annually with an average daily intake volume of
275+ patients per day. Laboratory requests processed per month average 4,500.
An implementation work plan and proposed laboratory order entry system shall be provided by the
Contractor as part of the response. The Contractor's implementation plan will address each of the
items outlined in the scope of work in addition to a conversion plan from the current contractor.
2.3 DEFINITIONS:
As used throughout this Contract, the following terms shall have the meanings set forth herein:
2.3.1 "Contract" means this document and all attachments hereto.
2.3.2 "Contractor" means the person, group, firm or organization, listed on the Cover Page of
this Contract and shall include all of its agents, employees or Subcontractors.
2.3.3 "Contract Administrator" means the person designated by the CHS Director to monitor
contract status and compliance.
2.3.4 "Correctional Health Services" (CHS) means a department of Maricopa County that
provides various health care professional services to patients housed in County
correctional and detention facilities.
2.3.5 "County" means Maricopa County and is synonymous with CHS.
2.3.6 "Days" means calendar days unless otherwise specified.
2.3.7 "Department" is synonymous with CHS.
2.3.8 "Director" means the Director of Correctional Health Services or the designee.
2.3.9 "Director of Mental Health Services" means the physician, or the designee, who is
responsible for the supervision of all psychiatric, behavioral, or mental health services
provided by Correctional Health Services.
2.3.10 "Electronic Health Record (ERR)" means the software and supporting hardware that will
automate all aspects of the patient medical record and clinic management.
2.3.11 "MCSO" means Maricopa County Sheriff's Office.
2.3.12 "Medical Director" means the physician, or the designee, who is responsible for the
supervision of all medical services, including but not limited to medical, dental and
mental health services provided by Correctional Health Services.
2.3.13 "National Commission on Correctional Health Care" (NCCHC) is the national agency
responsible for developing standards of quality correctional health care.
2.3.14 "Program" refers to all aspects of the laboratory services provided by the Contractor.
2.4 TECHNICAL REQUIREMENTS:
2.4.1 Standard/Licensure Requirements:
2.4.1.1 Clinical laboratory shall be licensed and shall operate in accordance with current
A.R.S. Title 36, Chapter 4.1, Article 2, Sections 36-461 through 36-479 or be
licensed or certified by the United States Government.
SERIAL 16040-RFP
2.4.1.2 Director of Clinical (Pathology) Laboratory shall be a physician licensed in
accordance with current A.R.S. Title 32, Chapter 13, Article 2, et. seq. or
Chapter 17, Article 2, et. seq.
2.4.1.3 All applicable provision of law and other rules and regulations of any and all
governmental, including the State of Arizona, accrediting and regulatory
authorities relating to the licensure and regulation of Contractor, Contractor's
staff and Contractor's facility(ies) shall be fully complied with by the
Contractor.
2.4.1.4 Contractor is responsible for providing, upon CHS request, a copy of current
professional licenses.
2.4.2 Unit of Service:
2.4.2.1 One (1) unit of service equals one (1) complete laboratory test/profile.
2.4.3 Service Goal:
2.4.3.1 To provide mandated health care as defined in the current A.R.S. and
constitutional law.
2.4.4 Service Tasks:
2.4.4.1 CHS currently utilizes TechCare as its comprehensive Electronic Health Record
(EHR) system. The system allows patient information to be entered and
electronically transmitted from the point where the order or service originates to
a provider through an electronic interface. This minimizes delays/medical errors,
eliminates paper, ensures chain of custody requirements, and makes information
accessible to other providers.
2.4.4.1.1 To prevent any disruption to patient care, Contractor must have an
interface in place with TechCare within twenty-one (21) days of te
the start of the Contract and must demonstrate complete
compatibility with CHS's TechCare system. All interfacing setup
costs, including TechCare's component of any needed configuration
costs, will be the sole responsibility of Contractor.
2.4.4.2 To provide complete laboratory testing services and detailed data reporting on
services provided. Requirements outlined below are based on current operating
procedures and automation capabilities of CHS. Respondent/Contractor must
have the capability of accepting electronic ordering and provide electronic
results. All reports will also need to be provided electronically.
2.4.4.3 To provide support to assist with any required interface with MCSO dedicated
telephone lines and modems, or other means of data transmission such as
accessing the County's intranet, in all current and future CHS facilities, for the
exclusive use of CHS to order enter tests and receive test results via CHS
computer workstations and/or provider portal. Means of transmission must be
HIPAA compliant.
2.4.4.3.1 Provide and install computer equipment and tele-printers (or
mutually agreed upon equipment), in all current and future CHS
facilities, to enable each facility to retrieve, display and print patient
information.
2.4.4.3.2 Patient Results: Test results shall be available upon completion. A
client "password" and "user ID" shall be provided to each CHS
facility allowing access to results drawn at other CHS facilities.
SERIAL 16040-RFP
Results shall remain retrievable for the entirety of the contract period
and no less than one (1) year after contract termination.
2.4.4.3.3 Test Encyclopedia: Provides information on specimen requirements,
methodologies, reference ranges and the clinical significance of
abnormal test results.
2.4.4.3.4 Test/Drug Interaction: Explains how certain drugs can affect the
results of laboratory tests.
2.4.4.3.5 Printer: Hard copy results can be printed from the screen at the
discretion of the user. The Contractor shall provide necessary report
paper for the printing of test results.
2.4.4.3.6 Means of data transmission of test results and equipment to be used
must be interoperable with the current E—BR vendor at
respondents/bidders expense. Contractor will be required to make
necessary changes so that test results, test encyclopedia and test/drug
interaction information is automatically downloaded to that
respective patients'/ inmate's medical record. The EMR and its
contents will be accessible by all CHS users from all CHS facilities,
current and future. All of these will need to be done at contractor's
cost, including any changes that will be required to the CHS or
current e-HR vendor interfaces.
2.4.4.4 Provide to each facility, in sufficient quantities and/or frequency, containers for
specimen collection, transportation of materials, including packaging and cold
packs for frozen specimens and a centrifuge to ensure proper specimen
condition for transportation and testing. Needles, etc will be types designed to
minimize incidents of needle sticks, etc. Designs should be of the latest
technology to minimize OSHA violations.
2.4.4.5 Provide preprinted requisitions for test ordering purposes which shall reflect
name, ID number (CHS' patients unique identifier number), ordering provider,
facility location to include address and identifier number, e.g. J554, specimen
information to include routine or stat, date collected, time collected, individual
taking sample and specific tests with codes and nomenclature. The forms shall
be provided in triplicate and shall show the most commonly ordered tests for the
Department. This information will also be available within the e-HR system.
2.4.4.5.1 Order entry forms must reference a specific procedural and test code
and one that can be easily cross-referenced to the corresponding CPT
code for invoice validation.
2.4.4.6 Provide custom profiling and utilization reports on commonly ordered tests as
requested by the Department's Finance Manager within twenty (20) days after
request.
2.4.4.6.1 Provided printed medical test results within 24 hours of specimen
arrival at the laboratory, unless otherwise specified by testing
schedule: Gynecology Cytology test results within 5 days of arrival
at the laboratory; Non-Gynecology Cytology test results within 2
days of arrival at the laboratory; and testing sent out to other
reference laboratory within 10 days of arrival to the contract
laboratory. "Critical values" or significantly abnormal test results,
which may indicate a life-threatening condition, are reported
immediately via telephone call to the provider, or designated nursing
staff, at the sending CHS facility. Test results positive for
communicable disease, will be reported via fax to CHS Infection
SERIAL 16040-RFP
Control within six (6) hours of availability of results. Verbal reports
shall be followed by a printed copy report same business day.
Reports will be available for electronic retrieval by the user upon
completion. Reports/results may be accessible through secured
Internet website.
2.4.4.7 All test results indicative of a positive test for a communicable disease will be
reported telephonically to CHS' Infectious Disease Coordinator within six (6)
hours of determination via phone, fax or electronic transmission as appropriate.
CHS' Infectious Disease Coordinator can be reached at (602) 876-7111; Fax:
(602) 278-0304. CHS will then be responsible for notification to Public Health,
Arizona Department of Health Services or other agencies as mandated. Please
see Exhibit 3for a current communicable disease list.
2.4.4.8 The format for reports reflecting patient results will be provided in either a
standard or cumulative format. The Standard Report format shall show test
name, test results, units and normal reference ranges. All abnormal results shall
be highlighted within the body of the report with an "H" (High) or "L" (Low)
indication. Additionally, all abnormal results shall be displayed at the bottom of
the report for ease in reviewing. The Cumulative Report shall show the above
information as well as accumulated patient results on all tests displayed for up to
five (5) different draws. Report formats shall be designed by CHS, in
coordination with Contractor, and uniform throughout all CHS facilities.
2.4.5 Quality Assurance and Quality Control:
2.4.5.1 Provide a Quality Assurance Program for provided services to include
conveyance of stat results within four (4) hours to the ordering CHS facility.
2.4.5.1.1 Any stat results, panic values or significantly abnormal test results
shall be called to the ordering clinic within one (1) hour of the test
being completed.
2.4.5.2 Provide quality control procedures to monitor adequate quality in diagnostic
equipment, materials, and conveyance of stat results to the ordering CHS
facility.
2.5 CONTRACTORS REQUIREMENTS:
As a provider of medical/clinical laboratory testing and computerized test results, Contractor will:
2.5.1 Supply testing and computerized test results reporting services to all of CHS' current and
future facilities.
2.5.1.1 Provide services for patients incarcerated in Maricopa County jail and detention
facilities (current and future) as part of mandated healthcare as defined in the
current Arizona Revised Statutes and constitutional law. Contractors shall note
any exceptions to AHCCCS "standard pricing", on Attachment A (pricing page).
2.5.2 Process CHS providers' laboratory outpatient request orders.
2.5.3 Provide equipment capable of providing computerized test results to all CHS facilities
(current and future). Means of transmission of test results will be HIPAA compliant.
Means of transmission must be through secured Internet access that meets the
requirements of MCSO IT.
2.5.3.1 Provide as minimum requirements for equipment at each current and proposed
CHS facility, one (1) computer/printer and teleprinter.
SERIAL 16040-RFP
2.5.3.1.1 Peripheral equipment required at each location shall include
telephone lines, modems, display phones, suitable alternative
transmission means, e.g. internet, required to fulfill the Contract. Use
of existing transmission means is strongly encouraged to preclude
installation of new lines, etc.
2.5.3.1.1.1 CHS/MCSO shall ensure all peripheral equipment is in
serviceable condition.
2.5.3.1.2 Transmission media used for the receipt of computerized test results
will be HIPAA compliant and dedicated or readily available at all
CHS facilities without additional cost or fees.
2.5.3.2 All equipment must be operational, tested and functional within twenty-one (21)
days of contract start date.
2.5.3.3 Contractor's equipment shall demonstrate computer program capabilities,
printed reports and overall compatibility with Department needs.
2.5.3.3.1 User friendly.
2.5.3.3.2 Quality of printed reports.
2.5.3.3.3 Speed in response.
2.5.3.3.4 Computer program capabilities.
2.5.3.3.5 Software updates capability.
2.5.3.3.6 Capable of upgrade and interface with automation upgrades in CHS
facilities in the areas of Electronic Medical Records/Clinic
Management System.
2.5.3.4 Contractor will provide backup to CBS' database and will be able to continue to
provide current patient test results without delay.
2.5.3.5 All staff of CHS will have access to Contractor's database for CBS patients 24
hours per day, 7 days per week. All equipment will be capable of being
operational 24 hours per day, 7 days per week.
2.5.3.6 Contractor will provide a list of equipment to be installed- via make, model
number and capabilities.
2.5.3.7 Provide repair, maintenance and replacement of equipment and transmission
media installed by Contractor throughout the Contract period, without additional
cost or fees.
2.5.3.8 Update/upgrade all software and computer programming, as changes occur,
throughout the life of the Contract, without additional cost or fees.
2.5.3.9 Provide all future hardware and software modifications resulting from
automation of CHS' overall capabilities.
2.5.4 Provide to CBS all necessary forms used to submit laboratory requests. Contractor will
be responsible for establishing, in coordination with CHS' Finance Manager or
designated representative, method for ordering replacement forms.
2.5.5 Provide to CHS all necessary printer paper needed to print laboratory results. Contractor
will be responsible for establishing, in coordination with CHS' Finance Manager or
designated representative, method for ordering replacement paper.
2.5.6 Provide to CBS all necessary supplies, needles, vials, centrifuge, shipping containers, ice
packs, storage containers, etc. necessary to draw/obtain specimens and to safely transport
specimens to Contractor's lab facilities for testing.
SERIAL 16040-RFP
2.5.6.1 Contractor will list all supplies provided from above, by nomenclature, type and
size, in addition to frequency and method of replenishment.
2.5.7 Contractors will ensure that laboratory technicians and laboratory aides are certified as
appropriate under Arizona laws or are required to accomplish specific schooling before
and during employment. Describe, as part of this bid, the educational and training
requirements for employees.
2.5.8 Contractor will provide software or administrative tools that will permit easy verification
of invoicing.
2.5.9 Contractor will provide software or administrative tools that will permit CHS to conduct
test profiling, medical provider profiling, cumulative costs, non-contract tests, contract
compliance, aggregate patient data/table results, etc.
2.5.10 Work with CHS' Medical Director, or designated representative, to develop a Standard
Lab "pick-list" with fees.
2.5.11 Within the specified timeframe transmit test results directly to the CHS clinic where
sample/specimen was obtained or CHS' Infectious Disease Coordinator as appropriate.
Please describe the method and equipment provided to accomplish this. Contractor will
be responsible for ensuring that the means of transmitting test results is updated as CHS'
EMR is implemented.
2.5.12 When errors in the reported patient test results are detected, immediately notify the
provider, or designated nursing staff, at the sending CHS facility, and issue corrected
report(s) as soon as possible
2.5.13 Identifies needs for specific policies and procedures for the collection and testing of
samples/specimens and communicates these needs to the Medical Director, CHS.
2.5.14 Recommends Program improvements and enhancements using cost/benefit and other
database analysis.
2.5.15 Keep current on all clinical developments and apply such knowledge as appropriate.
2.5.16 Implements safety procedures as needed including any new/equipment changes,
laboratory results reporting procedures, updated reference tables by the contractor.
2.5.17 Assures Program compliance with legal requirements and policy directives, NCCHC
accreditation standards, CHS' policies and procedures, MCSO policies relating to
security, and applicable County policies.
2.5.18 Maintains current knowledge on laboratory services, reporting procedures and the related
laws and practices.
2.5.19 Promotes and participates in staff development and education programs including active
teaching role for CHS medical providers and health care staff
2.5.20 Attends administrative meetings as requested; serves on special projects as required;
prepares reports as requested.
2.5.21 Participate in CHS' Quality Assurance and Quality Improvement Program.
2.5.22 All services provided to patients are documented at time of service and recorded in the
contractor's order entry system. Order entry logs shall be available on line through the
contractor's automated system twenty four hours (24) a day/seven (7) days a week/ three
hundred sixty five (365) days a year.
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2.5.23 Plan for performing the required services/activities as defined herein.
2.5.23.1 Ability to perform services as reflected by experience, qualifications, technical
training and education of personnel proposed to be assigned to perform the
services defined herein.
2.5.23.2 Methodology for collection of specimens/samples; daily pick-up from CHS
facilities; and how specimens/samples will be handled to retain integrity of the
specimen/sample.
2.5.23.3 Methodology of how testing will occur in Contractor's facility; representative
type of equipment to be used during testing; and supervision of testing process.
2.5.23.4 Means of communication with each facility regarding normal test values and
"critical values".
2.5.23.5 Methodology and timeline to provide test results to the respective CHS facility.
2.5.23.6 Describe the format in which the test results will be transmitted to CHS; provide
a sample format.
2.6 CONTRACTOR QUALIFICATIONS:
2.6.1 Contractor shall have at least five (5) years of experience providing laboratory services
with similar size and population as the Maricopa County Jail and Detention facilities.
2.6.2 Contractor shall operate or have access to a licensed laboratory facility capable of fully
meeting the requirements defined in this solicitation.
2.6.3 Contractor must provide local customer service representation or, as a minimum,
establish a means of contacting a customer service or laboratory representative 24 hours
per day, seven (7) days per week, without exception.
2.6.4 Contractor shall "pick up" all lab samples daily, without exception. A schedule shall be
developed for each facility.
2.6.5 Contractor shall provide Information Technology access capabilities for results reporting,
order entry and provider portal access.
2.7 SUPERVISION:
2.7.1 The Contractor will work under the general direction of the Medical Director.
2.8 SECURITY CLEARANCE:
2.8.1 The Contractor must receive security clearance/background check from the Sheriff's
Office prior to providing services in the jail and detention facilities.
2.8.2 The contractor incurs no cost.
2.8.3 CHS will coordinate this effort.
2.8.4 Contact CHS Human Resources to set up appointment.
2.8.5 Review Detention and Sheriffs Office Facilities Security Guidelines (effective:
1/28/2014).
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2.8.6 Complete and return the Maricopa County Sheriff's Office Acknowledgement of Prison
Rape Elimination Act (PREA) for all employees working within the jail or detention
facilities.
2.8.6.1 Please note that ALL personnel that enter MCSO Detention Facilities MUST
attend a class provided by the Sheriff's Office regarding PREA.
2.9 SPACE, EQUIPMENT AND SUPPORT STAFF/FACILITIES:
2.9.1 CHS shall provide the Contractor with furnished space to secure supplies and necessary
equipment (medical and non-medical) essential to conduct the requirements as outlined in
this Contract.
2.9.2 Such space and equipment shall meet the requirements set forth by the National
Commission on Correctional Health (NCCHC) or other accrediting agencies from which
CHS obtains accreditation.
2.9.3 Contractor shall keep and maintain all equipment provided to CHS in good order and
repair, at no expense to CHS.
SERIAL 16040-RFP
NARRATIVE
PROPOSAL OVERVIEW
BioReference Laboratories is the third largest clinical laboratory in the United States, offering a comprehensive list
of laboratory testing services utilized by healthcare providers in the detection, diagnosis, evaluation, monitoring
and treatment of diseases, and one of the largest providers of laboratory services to the Correctional Healthcare
Industry. A dedicated management team is assigned to exclusively work with our correctional health services
clients, delivering an unparalleled level of service for over 20 years.
The staff of over 5000 at BioReference is comprised of over 160 MD, PhD, or other professional-level clinicians
and scientists with expertise across all fields including Pathology, Cytogenetics, Coagulation, Genetics and
Research & Development.
As an existing partner with Maricopa County, BioReference has a full operational plan in place to meet all of the
service needs of Maricopa County, including specimen logistics, full existing interface with TechCare and the
ability to re-route specimens in case of emergency or natural disaster.
Clinical Quality
a. Lab Panels
As a full-service laboratory, BioReference offers an array of ready-to-order panels for your convenience. In
addition, we work with our clients to create custom panels tailored to their requirements. We understand that with
changes in technology and patient populations the need to restructure or customize panels may arise. BloReference
will work with you to ensure your panels remain clinically relevant and best suited to your individual facility.
b. STAT Turnaround
BloReference is able provide STAT services in your area through our partnership with local hospitals. The
turnaround time from pick-up to resulting is within 4 6 hours, though most results are returned sooner. Based on
the needs of your facility, we are able to tailor a STAT menu and implement logistics services that utilize our
current infrastructure.
c. Abnormal Result Notification
All abnormal results are called between the hours of 8:00AM-6:00PM EST and all critical and STAT results are
called 24 hours a day, 7 days a week. BloReference uses standard abnormal and critical values for each test result
as documented in the published standards of the laboratory. Your facility is able to customize these values as well
as the hours during which abnormal and critical results are called.
d. Reporting
BioReference offers multiple reporting options. We are fully interfaced with TechCareand offer full IT support.
We also have the ability and IT resources to interface with any EMR and provide easy to interpret color reports
and image based cytology reports in PDF format in addition to text-based Health Level 7 (HL7) reporting.
e. Protocols
All written policies and procedures meet federal, state, local and accrediting agencies for licensure and are
available on request. Below are some examples of our existing policies and procedures:
i. Corporate Integrity and Compliance Training against Fraud & Abuse
HIPPA/ Handling Protected Health Information (PHI) Client Satisfaction
Unsatisfactory Specimens and Adequacy
iv. Repeat/Additional Testing
v. Criteria for Repeating an Assay (i.e.:BCR/ABL)
vi. Add-on Test Request (Technicalto Global)
vii. Resolving and processing urgent cases
SERIAL 16040-RFP
Over the course of the past five years, BioReference has effectively served Maricopa County in providing
essential laboratory services, and will continue to offer the same levels of quality healthcare and unparalleled
service to the Maricopa County correctional system.
HOW WILL BIOREFERENCE PROVIDE SERVICES (Execution Proposal)
Once a correctional healthcare organization decides to use BioReference's services the following delivery systems are
implemented and occur concurrently.
STEP I: Communications- the Director of Correctional Health Sales and Service announces our agreement to
enter into a working relationship with your organization. The Program Team members are briefed in detail, as to the
commitment previously made during the proposal development phase to support your request for services.
BioReference takes it directive toward implementation established by you, our client. We first understand your
implementation plan before implementing ours.
STEP 2: Internal Meetings-The Program Team calls a meeting of the Correctional Account Representatives,
Logistics Couriers, Client Service Representatives, and Laboratory Operations Managers. They will discuss the
request for proposal and review their commitments made during the proposal development period. During these
internal meetings, strategies are reviewed and developed for client set-up and briefings. Details such as:
BioReference Employee Identification, client training, supply delivery, specimen pick-up scheduling and other
program details are discussed before visiting the site staff.
STEP 3: Correctional .Health Staff In-Service-The CHS unit(s) are visited by the Correctional Account
Representative. Instructions and account set-up information is collected which includes a return for a scheduled set-
up time. Set-up includes: training, the delivery of test requisitions, proper sample identification specimen
requirements, supplies, specimen storage container(s) and a mutually agreed upon time of specimen pick-up.
STEP 4: Specimen Collection- CHS unit staff will collect specimens at their sites and place them in a BioReference
specimen storage box along with the appropriately filled-in account number specific test requisition.
STEP 5: Specimen Pick-Up- specimens are picked up at designated CBS's as (days of week and times of pick-up)
mutually determined by BioReference and the CHS unit staff at no additional charge. BioReference utilizes an
extensive network of couriers to pick up specimens from correctional health facilities. Our well trained couriers
are experienced in ensuring proper specimen care from pick-up to the delivery of the final report. BioReference
is always expanding its capabilities; new courier routes may be opened in areas on an ongoing basis. Each carries
dry ice and cold packs for meeting the special environmental needs of certain specimens. Large volume sites may
receive pick-ups more than once per day if required, and weekend Saturday pick-ups are available.
STEP 6: Supply Distribution- All supplies described by the Correctional Account Representative are provided at no
additional charge. Each CHS unit receives the necessary quantity and type of supplies necessary for specimen
collection. Tubes, transport media, alcohol prep pads, needles, tourniquets, requisition forms, specimen bags and
other supplies are provided. Staff can re-order needed supplies using a convenient order foml or by calling their
Client Services Representative. We utilize current technology and only the highest quality supplies to ensure
optimal specimen integrity and testing accuracy.
STEP 7: Specimen Entry- Specimens are received throughout the day and evening at the BioReference
testing facilities. When a specimen is received into a BioReference testing facility it undergoes a thorough
inspection for leaks or breaks. The integrity of the sample is monitored as part of the Quality System Program. All
specimens and their requisitions are checked for completeness and accuracy. Each specimen is delivered into the
laboratory in its own sealed specimen bag. Immediately upon opening a specimen bag, a unique bar coded 1D
number is generated and placed onto each specimen container. The bar code label contains the data needed to track
each specimen throughout the testing process to reporting the final results.
STEP 8: Data Entry- Once each specimen has been labeled with its unique and traceable ID number, additional
information is entered into each patients file: such as the CHS Unit unique account number, requested tests,
patient demographic information, and billing information.
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STEP 9: Specimen Distribution - Aliquots or portions of the specimen, (if applicable) are provided to each of the
laboratory departments for which a test has been requested. If an inadequate amount or wrong specimen has been
submitted the CHS unit will be called, and a repeat sample is requested.
STEP 10: Data Capture - Every part of BioReference is geared to work as an integrated process. This process has
been designed to be thorough, disciplined, detailed, responsive, controllable, highly organized, real and visible.
All data are based on a programmatic approach and plan. Each piece of individual information contributes to the
overall cumulative data base of information on a per specimen basis. Each specimen is continuously monitored as
it journeys through the laboratory and is evaluated against standards. Computer assisted quality control functions are
internally reviewed, approved, and questioned ensuring accuracy of equipment operation and error free work.
SERIAL 16040-RFP
BIO-REFERENCE LABORATORIES INC., 481 EDWARD H. ROSS DRIVE, ELMWOOD PARK, NJ
07407
PRICING SHEET: NIGP CODE 94855
Terms: NET 30
Vendor Number: W000016396 X
Certificates of Insurance Required
Contract Period: To cover the period ending March 31, 2018.