RFP CONTRACT RE LABORATORY SVCS WITH BIO-REFERENCE LAB INC.PDF

CONTRACT PURSUANT TO PH RFP 15-008
CONTRACT #: 860-15-08B
This Contract is entered into this 8th day of April, 2015 by and between Maricopa County (“County”), a political
subdivision of the State of Arizona, and Bio-Reference Laboratories, Inc. “Contractor” for the purchase of
Laboratory Testing for Clinical Services.
1.0 CONTRACT TERM:
1.1 This Contract is for a term of three (3) years, beginning on the 8th day of April, 2015 and ending
the 7th day of April, 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 five (5) years, (or at the County’s sole
discretion, extend the contract on a month-to-month basis 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 thirty (30) calendar days prior to the expiration of the original contract term, or any
additional term thereafter.
2.0 FEE ADJUSTMENTS:
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.
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 performance 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. 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
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CONTRACT #: 860-15-08B
 Invoice number and date
 Payment terms
 Date of service or delivery
 Quantity
 Contract Item number(s)
 Description of service provided
 Pricing per unit of service
 Extended price
 Total Amount Due
3.3.2 Problems regarding billing or invoicing shall be directed to the County 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/Finance/Vendors.aspx)
3.3.4 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 APPLICABLE TAXES:
3.4.1 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.
3.4.2 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.
3.4.3 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.
3.5 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.
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.
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CONTRACT #: 860-15-08B
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 shall 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
(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.
Each Party (as "indemnitor") agrees to indemnify, defend, and hold harmless the other Party (as
"indemnitee") from and against any and all claims, losses, liability, costs, or expenses (including
reasonable attorney's fees) (hereinafter collectively referred to as "claims") arising out of the
negligent performance of this Agreement, but only to the extent that such claims which result in
vicarious/derivative liability to the indemnitee are caused by the act, omission, negligence,
misconduct, or other fault of the indemnitor, its officers, officials, agents, employees, or
volunteers.
6.2 INSURANCE.
Lessee, its contractors and subcontractors at Lessee’s or its contractors’ and subcontractors’ own
expense, shall purchase and maintain the herein stipulated minimum insurance from a company or
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CONTRACT #: 860-15-08B
companies duly licensed by the State of Arizona and possessing a current A.M. Best, Inc. rating of
B++ 6. 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 Lessor. The form of any insurance policies and
forms must be acceptable to Lessor. 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 Lease is
satisfactorily completed and formally accepted and until the use of the Premises as contemplated
in this Lease has been terminated. Failure to do so may, at the discretion of Lessor, constitute a
material breach of this Lease. Lessee’s insurance shall be primary insurance as respects Lessor,
and any insurance or self-insurance maintained by Lessor shall not contribute to it. 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 Lessor’s right to coverage afforded under the insurance
policies. The insurance policies may provide coverage that contains deductibles or self-insurance
retentions. Such deductible and/or self-insurance retentions shall not be applicable with respect to
the coverage provided to Lessor under such policies. Lessee shall be solely responsible for the
deductible and/or self-insurance retention and Lessor, at its option, may require Lessee to secure
payment of such deductibles or self-insurance retentions by a surety bond or an irrevocable and
unconditional letter of credit. Lessor reserves the right to request and to receive, within 10
business days, certified copies of any or all of the herein required insurance policies and/or
endorsements. Lessor shall not be obligated, however, to review such policies and/or
endorsements or to advise Lessee of any deficiencies in such policies and endorsements, and such
receipt shall not relieve Lessee from, or be deemed a waiver of, Lessor’s right to insist on strict
fulfillment of Lessee’s obligations under this Lease. Lessee and its contractors’ and
subcontractors’ insurance policies required by this Lease, except Workers’ Compensation, shall
name Lessor, its agents, representatives, officers, directors, officials and employees as Additional
Insureds. Lessee and its contractors’ and subcontractors’ insurance policies required hereunder,
except Workers’ Compensation, shall contain a waiver of transfer of rights of recovery
(subrogation) against Lessor, its agents, representatives, officers, directors, officials and
employees for any claims arising out of Lessee’s work or service or use or maintenance of the
Premises.
6.2.1 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.
6.2.2 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 Lessee’s owned,
hired, and non-owned vehicles assigned to or used in performance of the Lessee’s work
or services or use or maintenance of the Premises under this Lease.
6.2.3 Workers’ Compensation.
Workers’ Compensation insurance to cover obligations imposed by federal and state
statutes having jurisdiction of Lessee’s employees engaged in the performance of the
work or services under this Lease; 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.
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CONTRACT #: 860-15-08B
Lessee, its contractors and its subcontractors waive all rights against Lessor 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 Lessee, its contractors and its
subcontractors pursuant to this Lease.
6.2.4 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.
6.2.5 Professional Liability.
Contractor shall maintain Professional Liability insurance which will provide coverage
for any and all acts arising out of the work or services performed by the Contractor under
the terms of this Contract, with a limit of not less than $1,000,000 for each claim, and
$3,000,000 aggregate claims.
6.2.6 Certificates of Insurance.
6.2.7.1 Prior to commencing work or services under this Contract, Contractor shall have
insurance in effect 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 be made available to the County upon
48 hours notice. BY SIGNING THE AGREEMENT PAGE THE
CONTRACTOR AGREES TO THIS REQUIREMENT AND UNDERSTANDS
THAT FAILURE TO MEET THIS REQUIREMENT WILL RESULT IN
CANCELLATION OF THIS CONTRACT.
6.2.7.2 In the event any insurance policy (ies) required by this Contract is (are) written
on a “claims made” basis, coverage shall extend for two (2) years past
completion and acceptance of Contractor’s work or services and as evidenced by
annual Certificates of Insurance.
6.2.7.3 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.
6.2.8 Cancellation and Expiration Notice.
Insurance required herein shall not be permitted to expire, be canceled, or materially
changed without thirty (30) days prior written notice to the County.
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.
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CONTRACT #: 860-15-08B
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
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 with Contract requirements, County may require the
Contractor to perform the services again in conformity with Contract requirements, at on
increase in Contract amount. When the defects in services cannot be corrected by re-
performance, County may:
6.4.3.1 Require the Contractor to take necessary action to ensure that future
performance conforms to Contract requirements; and
6.4.3.2 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:
6.4.4.1 By Contract or otherwise, perform the services and charge to the Contractor any
cost incurred by County that is directly related to the performance of such
service; or
6.4.4.2 Terminate the Contract for default.
6.6 NOTICES:
All notices given pursuant to the terms of this Contract shall be addressed to:
For County:
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CONTRACT #: 860-15-08B
Maricopa County
Department of Public Health
Attn: Cheryl Rentscheler, Procurement Officer
4041 N. Central Avenue, #1400
Phoenix, AZ 85012
(602) 506-6886
cherylrentscheler@mail.maricopa.gov
For Contractor:
Bio-Reference Laboratories, Inc.
Attn: Sujaya Swaroop
481 Edward H. Ross Drive
Elmwood Park, NJ 07407
(800) 229-5227
sswaroop@bioreference.com
6.7 REQUIREMENTS CONTRACT:
6.7.1 Contractor signifies its understanding and agreement by signing this document that this
Contract is a requirements contract. This Contract does not guarantee any purchases will
be made (minimum or maximum). Orders will only be placed when County identifies a
need and issues a purchase order or a written notice to proceed.
6.7.2 County reserves the right to cancel purchase orders or notice to proceed within a
reasonable period of time after issuance. Should a purchase order or notice to proceed be
canceled, the County agrees to reimburse the Contractor for actual and documented costs
incurred by the Contractor. The County will not reimburse the Contractor for any
avoidable costs incurred after receipt of cancellation, or for lost profits, or shipment of
product or performance of services prior to issuance of a purchase order or notice to
proceed.
6.7.3 Purchase orders will be cancelled in writing.
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
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CONTRACT #: 860-15-08B
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:
6.11.1 In addition to the rights reserved in the Contract, the County may terminate the Contract
in whole or in part due to the failure of the Contractor to comply with any term or
condition of the Contract, to acquire and maintain all required insurance policies, bonds,
licenses and permits, or to make satisfactory progress in performing the Contract. The
Procurement Officer shall provide written notice of the termination and the reasons for it
to the Contractor.
6.11.2 Upon termination under this paragraph, all goods, materials, documents, data and reports
prepared by the Contractor under the Contract shall become the property of and be
delivered to the County on demand.
6.11.3 The County may, upon termination of this Contract, procure, on terms and in the manner
that it deems appropriate, materials or services to replace those under this Contract. The
Contractor shall be liable to the County for any excess costs incurred by the County in
procuring materials or services in substitution for those due from the Contractor.
6.11.4 The Contractor shall continue to perform, in accordance with the requirements of the
Contract, up to the date of termination, as directed in the termination notice.
6.12 TERMINATION BY THE COUNTY:
If the Contractor should be adjudged bankrupt or should make a general assignment for the benefit
of its creditors, or if a receiver should be appointed on account of its insolvency, the County may
terminate the Contract. If the Contractor should persistently or repeatedly refuse or should fail,
except in cases for which extension of time is provided, to provide enough properly skilled
workers or proper materials, or persistently disregard laws and ordinances, or not proceed with
work or otherwise be guilty of a substantial violation of any provision of this Contract, then the
County may terminate the Contract. Prior to termination of the Contract, the County shall give the
Contractor fifteen- (15) calendar day’s written notice. Upon receipt of such termination notice, the
Contractor shall be allowed fifteen (15) calendar days to cure such deficiencies.
6.13 STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST:
Notice is given that pursuant to A.R.S. §38-511 the County may cancel this Contract without
penalty or further obligation within three years after execution of the contract, if any person
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.
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CONTRACT #: 860-15-08B
6.14 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 under this contract.
6.15 ADDITIONS/DELETIONS OF SERVICE:
The County reserves the right to add and/or delete products and/or services provided under this
Contract. If a requirement is deleted, payment to the Contractor will be reduced proportionately to
the amount of service reduced in accordance with the proposal price. If additional services and/or
products are required from this Contract, prices for such additions will be negotiated between the
Contractor and the County.
6.16 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, partnership, principal and agent, or joint venture
between the District and the Contractor.
6.17 SUBCONTRACTING:
The Contractor may not assign this Contract or subcontract to another party for performance of the
terms and conditions hereof without the written consent of the County, which shall not be
unreasonably withheld. All correspondence authorizing subcontracting must reference the
Proposal Serial Number and identify the job project.
6.18 AMENDMENTS:
All amendments to this Contract shall be in writing and approved/signed by both parties. The
Public Health Procurement Officer and/or the Office of Procurement Services’ Chief Procurement
Officer shall be responsible for approving all amendments for Maricopa County.
6.19 ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR
OTHER REVIEW:
6.19.1 In accordance with section MCI 367 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.
6.19.2 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.
6.19.3 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 claim 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.
6.20 AUDIT DISALLOWANCES:
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CONTRACT #: 860-15-08B
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.
6.21 SEVERABILITY:
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.
6.22 RIGHTS IN DATA:
The County shall own have the use of all data and reports resulting from this Contract without
additional cost or other restriction except as provided by law. Each party shall supply to the other
party, upon request, any available information that is relevant to this Contract and to the
performance hereunder.
6.23 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://www.azgovernor.gov/dms/upload/EO_2009_09.pdf 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 or any other individual in any way
because of that person‟s age, race, creed, color, religion, sex, disability or national origin.
6.24 INTEGRATION:
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.
6.25 VERIFICATION REGARDING COMPLIANCE WITH ARIZONA REVISED STATUTES §41-
4401 AND FEDERAL IMMIGRATION LAWS AND REGULATIONS:
6.25.1 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. I-9 forms are available
for download at USCIS.GOV.
6.25.2 The County retains the legal right to inspect contractor and subcontractor employee
documents performing work under this Contract to verify compliance with paragraph
6.25.1 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
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CONTRACT #: 860-15-08B
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.
6.26 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO
INFORM EMPLOYEES OF WHISTLERBLOWER RIGHTS.
6.26.1 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;
6.26.2 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.
6.26.3 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).
6.27 CONTRACTOR LICENSE REQUIREMENT:
6.27.1 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 Materials
Management and the using agency of any and all changes concerning permits, insurance
or licenses.
6.27.2 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.
6.28 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
6.28.1 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
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CONTRACT #: 860-15-08B
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.
6.28.2 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.
6.29 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
6.30 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.
6.31 AUDIT REQUIREMENTS
6.31.1 If the Contractor expends $500,000 or more from all contracts administered and/or
funded via County, and/or receives $500,000 or more per year from any federal funding
sources, the Contractor may be subject to Federal audit requirements per P.L. 98-502
"The Single Audit Act". The Contractor shall comply with OMB Circulars A-128, A-
110, and A-133 as applicable. The audit report shall be submitted to the Maricopa
County Department of Public Health for review within the twelve months following the
close of the fiscal year. The Contractor shall take any necessary corrective action to
remedy any material weaknesses identified in the audit report within six months after the
release date of the report. Maricopa County may consider sanctions as described in OMB
Circular A-128 for contractors not in compliance with the audit requirements. All books
and records shall be maintained in accordance with Generally Accepted Accounting
Principles (GAAP).
6.31.2 The Contractor shall schedule an annual financial audit to be submitted to County for
review within twelve months following the close of the program’s fiscal year. Contractor
understands that failure to meet this requirement may result in loss of current funding and
disqualification from consideration for future County-administered funding.
6.31.3 The Contractor shall comply with the requirement of the Federal Office of Management
and Budget (OMB) Circular A-133. The Contractor is responsible for having an audit
performed in accordance with, and when required, by OMB Circular A-133, and for
sending a copy of the report issued as a results of the audit to the COUNTY within 30
days of issuance. The County reserves the right to engage an auditor, at the Contractor’s
expense, to perform an OMB Circular A-133 audit of the Contractor in the event that the
Contractor shall fail to engage an auditor or the County shall reject or disapprove of the
auditor engaged by the Contractor.
6.31.4 The Contractor must also comply with the following OMB Circulars:
1.1.1.1 A-102 Uniform Administrative Requirements for Grants to State and Local
Government.
2.1.1.1 A-110 Uniform Administrative Requirements for Grants and Agreement with
Institutions of Higher Education, Hospitals and other non-profit organizations.
3.1.1.1 A-122 Cost Principles for Non-Profit Organizations.
4.1.1.1 A-87 Cost Principles for State and Local Governments.
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CONTRACT #: 860-15-08B
5.1.1.1 A-21 Cost principles for Education Institutions.
6.32 INFLUENCE
As prescribed in MC1-1202 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:
6.32.1 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,
6.32.2 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.
6.33 PUBLIC RECORDS:
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 after Contract
award and execution, except for such Offers deemed to be confidential by the Office of
Procurement Services. If an Offeror believes that information in its Offer should remain
confidential, it shall indicate as confidential, the specific information 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. The Records Manager of the Office of
Procurement Services shall determine whether the identified information is confidential pursuant
to the Maricopa County Procurement Code.
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
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CONTRACT #: 860-15-08B
IN WITNESS WHEREOF, this Contract is executed on the date set forth above.
CONTRACTOR
AUTHORIZED SIGNATURE
PRINTED NAME AND TITLE
ADDRESS
DATE
MARICOPA COUNTY
CHAIRMAN, BOARD OF SUPERVISORS DATE
ATTESTED:
CLERK OF THE BOARD DATE
APPROVED AS TO FORM:
LEGAL COUNSEL DATE
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CONTRACT #: 860-15-08B
EXHIBIT A
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CONTRACT #: 860-15-08B
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CONTRACT #: 860-15-08B
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CONTRACT #: 860-15-08B
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CONTRACT #: 860-15-08B
EXHIBIT B
Scope of Work from original RFP:
2.0 SCOPE OF WORK:
2.1 TECHNICAL REQUIREMENTS:
2.1.1 Lab list
Estimated CPT
Name/Description of Test Annual Code
Usage
Basic metabolic panel (Calcium, total) <50 80048
Electrolyte panel <50 80051
Comprehensive metabolic panel <50 80053
Lipid panel <50 80061
Renal function panel <200 80069
Acute hepatitis panel <50 80074
Hepatic function panel <5000 80076
Carbamazepine; total <50 80156
Phenytoin; total <50 80185
Urinalysis <50 81000
Urine pregnancy test, by visual comparison methods <50 81025
Urine, microalbumin, quantitative <50 82043
Vitamin D <50 82306
Cortisol; total <50 82533
Creatine kinase (CK), (CPK); total <50 82550
Creatinine; blood <50 82565
Cyanocobalamin (Vitamin B-12) <50 82607
Ferritin <50 82728
Folic acid; RBC <50 82747
Gammaglobulin (immunoglobulin); IgA, IgD, IgG, IgM, each <50 82784
Gammaglobulin (immunoglobulin); IgE <50 82785
Glucose; quantitative, blood <50 82947
Glutamyltransferase, gamma (GGT) <50 82977
Haptoglobin; quantitative <50 83010
Hemoglobin fractionation and quantitation; electrophoresis (eg, A2, S, C, and/or F) <50 83020
Hemoglobin fractionation and quantitation; chromatography (eg, A2, S, C, and/or F) <50 83021
Hemoglobin, glycosylated (A1C) <50 83036
Histone Antibodies <50 83516
Iron <50 83540
Lactate dehydrogenase (LD), (LDH) <50 83615
Lead <1000 83655
Phosphatase, alkaline; <50 84075
Phosphorus inorganic (phosphate); <50 84100
Potassium; serum, plasma, or whole blood <50 84132
Thyroxine; total <50 84436
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Thyroxine; free <50 84439
Thyroid stimulating hormone (TSH) <50 84443
Transferrin <50 84466
Urea nitrogen; quantitative <50 84520
Uric acid; blood <50 84550
Blood count; blood smear, microscopic examination with manual differential WBC <2000 85007
count
Hematocrit (Hct) <50 85014
Hemoglobin (HgB) <50 85018
Blood count; complete CDC, automated and automated differential WBC <3000 85025
Reticulocyte, automated <50 85045
Prothrombin time <50 85610
Sedimentation rate, erythrocyte; non-automated <50 85651
Thromboplastin time, partial (PTT); plasma or whole blood <50 85730
Antinuclear antibodies (ANA); <50 86038
Antinuclear antibodies (ANA); titer <50 86039
C-reactive protein; high sensitivity (HsCRP) <50 86141
Deoxyribonucleic acid (DNA) antibody; native or double stranded <50 86225
Extractable nuclear antigen, antibody to, any method (eg, nRNP. SS-A, SS-B, Sm, <50 86235
RNP, Sc170, J01), each antibody
Fluorescent noninfectious agent antibody; screen, each antibody <50 86255
Immunoassay for tumor antigen, quantitative; CA 15-3 (27.29) <50 86300
Particle agglutination; screen, each antibody <50 86403
Rheumatoid factor; quantitative <50 86431
Tuberculosis test, cell mediated immunity antigen response measurement, gamma <3000 86480
interferon
Tuberculosis test, cell mediated immunity antigen response measurement, <50 86481
enumeration of gamma interferon-producing T-cells in cell suspension
Syphilis test, non-treponemal antibody; qualitative (eg, VDRL, RPR, ART) <2000 86592
Antibody; Coccidioides <50 86635
Antibody; HIV-1 and HIV-2 , single result <50 86703
Hepatitis B core antibody (HBcAb);total <2000 86704
Hepatitis B core antibody (HBcAb); IgM <2000 86705
Hepatitis B surface antibody (HBsAb) <3000 86706
Hepatitis Be antibody (HBeAb) <50 86707
Hepatitis A antibody (HAAb); total <50 86708
Hepatitis A antibody (HAAb); IgM antibody <50 86709
Antibody; mumps <50 86735
Antibody; rubella <50 86762
Antibody; rubeola <50 86765
Antibody; Treponema pallidum <50 86780
Antibody; varicella-zoster <50 86787
Hepatitis C antibody <50 86803
Culture bacterial; stool aerobic, with isolation and preliminary examination (eg, KIA, <50 87045
LIA), Salmonella and Shigella species
Clostridium difficile toxin(s) <50 87324
Hepatitis B surface antigen <50 87340
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CONTRACT #: 860-15-08B
Hepatitis Be antigen (HBeAg) <50 87350
HIV-1 antigen(s) with HIV-1 and HIV-2 antibodies, single result <50 87389
Chlamydia trachomatis, direct probe technique <50 87490
Chlamydia trachomatis, amplified probe technique <50 87491
Hepatitis B virus, quantification <50 87517
Hepatitis C, quantification, includes reverse transcription when performed <50 87522
HIV-1 , quantification <50 87536
Neisseria gonorrhoeae, direct probe technique <50 87590
Neisseria gonorrhoeae, amplified probe technique <50 87591
Flow cytometry, cell surface, cytoplasmic or nuclear marker, technical component <50 88184
only; first marker
2.1.2 Additional tests not listed above may be requested and potential bidders should furnish
MCDPH with a Reference Lab Fee Schedule to be made part of the final contract. If tests
are not listed, then Contractors are expected to accept current (current at the time the
service is provided) AHCCCS compensation/fee schedule as “standard pricing”, unless
otherwise noted. Contractors shall note any exceptions to AHCCCS “standard pricing” on
Attachment A (pricing page).
2.1.3 All prices quoted must include all associated charges and delivery costs.
2.1.4 At a minimum, Contractor shall pick up specimens 2 times per day, once during business
hours and once after business hours. Contractor shall provide MCDPH with a lockbox for
storage of specimens to be picked up after hours. A schedule shall be developed upon
contract execution.
2.1.5 MCDPH shall supply routine specimen collection containers such as blood tubes, urine
cups, and the like. Contractor shall provide shipping containers and materials if required
to perform a specific test. Contractor shall also provide test requisitions and specimen
transport bags.
2.1.6 Lab results shall be delivered via print copy to MCDPH within one (1) business day of
test run. STAT reports shall be delivered via telephone on the same day as test run,
followed by a print copy. Contractor shall provide MCDPH with a dedicated printer and
be responsible for providing all printer supplies, maintenance, and dedicated phone line
in which to send print copies.
2.1.7 Contractor shall provide a standard-type lab report that contains the patient name, age,
date of birth, Patient ID Number (PID), provider who ordered the lab, date of collection,
specimen date, date specimen received, date reported, type of test, reference ranges that
are age and gender appropriate, interpretation criteria (as applicable), reporting guidelines
and any other pertinent information that the vendor includes on its standard lab reports.
Vendor will flag abnormal and critical lab values. Lab results that contain critical values
will have a footnote indicating that a verbal report was made, to whom it was made, the
date it was made, and by whom it was made.
2.1.8 Contractor shall provide MCDPH with a catalog (preferably electronically) that states
specimen requirements and instructions for proper handling, storage, and shipping
instructions to ensure optimal specimen integrity. Catalog must also state whether testing
is done in-house or sent out to a subcontracted laboratory. Multiple copies must be made
available and the catalog shall be updated as needed.
2.1.9 Contractor must provide local customer service representation or, as a minimum,
establish a means of contacting a customer service or laboratory representative during all
hours of clinic operation, without exception.
2.1.10 Contractor shall provide an explanation of electronic reporting capabilities related to
reporting of test results and include a proposal for electronic retrieval from the
Contractor's system or providing results electronically through an interface with the
MCDPH electronic health record system (eClinicalWorks).
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CONTRACT #: 860-15-08B
Contractor’s Response:
How will Bio-Reference Provide Services
(Execution Proposal)
Once a correctional healthcare organization decides to use Bio-Reference's services the following
delivery systems are implemented and occur concurrently.
STEP 1: 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. Bio-Reference 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: Bio-Reference 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 Maricopa County 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- Maricopa County unit staff will collect specimens at their sites and
place them in a Bio-Reference 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 Maricopa County as (days of
week and times of pick-up) mutually determined by Bio-Reference and the Maricopa County unit
staff at no additional charge. Bio-Reference 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. Bio-Reference 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 Maricopa County 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 form 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.
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CONTRACT #: 860-15-08B
STEP 7: Specimen Entry- Specimens are received throughout the day and evening at the Bio-
Reference testing facilities. When a specimen is received into a Bio-Reference 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 ID 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 Maricopa County unit unique
account number, requested tests, patient demographic information, and billing information.
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 Maricopa County unit will be called, and a repeat sample is
requested.
STEP 10: Data Capture- Every part of Bio-Reference 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.
Invoicing County for Services and Billing
Billing
At the discretion of the County, Bio-Reference will (1) bill the county directly for services
rendered to your patients (2) bill your patient or (3) bill any of the third party insurance carriers
that Bio-Reference is able to bill directly, provided the patient is an enrolled member of the third
party carrier and the necessary information to bill is provided.
Our computerized billing department submits electronic claims to most insurance carriers plus
individual statements to patients and clients. Bio-Reference currently is a provider with most
third party insurance companies and has contractual agreement with a majority of them as well.
Contractual agreements are defined as those plans which Bio-Reference Laboratories currently
has a contract to accept insurance company’s reimbursement fee amount as payment in fill.
However, depending on the plan there may deductibles, co-pays and other subscriber defined
responsibilities that are required by law to bill the patients.
Direct Billing to the Patient and to Third Party
For patients that the county would like to bill directly, Bio-Reference will do so for the services
provided. The patient’s full name, street address, including apartment number if applicable, city,
state and zip code must be clearly printed in the space provided on the requisition. A complete
address at the time of the test is ordered is essential. Each requisition will result in a separate bill
to the patient. Payment of the patient’s bills is due upon receipt and if not paid, will be followed
by a subsequent reminders and normal collection activity.
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CONTRACT #: 860-15-08B
For patients who are subscribers or recipients of benefits from one of the insurance agencies that
Bio-Reference has a contractual agreement with will bill the insurance company. For those
insurances that Bio-Reference are not part of the contract or the program, Bio-Reference will bill
the patient directly for services not covered. This also includes any amount not covered towards
a deductable or any balance due after payment up to terms of their specific contract. Payment is
due upon receipt and if not paid, following by subsequent reminders and normal collection
activity. Complete information avoids the need to interrupt and impose upon your staff or
patients with requests for information not initially provided. The following information will
need to be provided to bill Third Party Payors:
 Patient Name
 Patient Address (including zip code)
 Patient Date of Birth
 Patient Sex
 Subscriber Name and Date of Birth
 Patients Relationship to Subscriber
 ID Number and Group Number
 Insurance Company Name
 Diagnosis Code
 Referring Physicians Name
Medicare and Medicaid
Please be sure to complete the Medicare/Medicare requisition for any of your patients who are
eligible for Medicare/Medicaid coverage. In order to bill for these patients we require the
following information:
 Patient Name
 Patient Address (including zip code)
 Patient Date of Birth
 Patient Sex
 If patient has Medicare (HIC) please number 9 numeric plus the
alpha/numeric suffix. If the patient has Medicaid the 10 digit numeric plus
2 numeric/person # suffix.
 Diagnosis Code
 Reference physician Name and NPI Number
 Physician Signature
Notice Bio-Reference Laboratories, Inc. has a fiduciary responsibility to remind physicians that
when they order tests in which Medicare/Medicaid reimbursement will be sought, physicians
should only order tests that are “medically necessary.” This means that only tests which are
required for the diagnosis or treatment of a patient can be ordered for testes reimbursed by
Medicare/Medicaid. This government policy eliminates most testing for screening purposes only.
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CONTRACT #: 860-15-08B
Bio-Reference Laboratories HIPAA Readiness Statement
The implementation of the Health Insurance Portability and Accountability Act of 1996 (HIPAA)
regulations electronic billing and the security and privacy of patient identifiable health information by all
health providers, including Bio-Reference Laboratories ("BRLI"). In response to this challenge, BRLI has
implemented an approach to identify, assess and plan for changes required by the HIPAA regulations. A
HIPAA Oversight Committee ("Oversight Committee), which reports to BRLI’s Board of Directors, was
formed in 2002 to coordinate this task. The Oversight Committee consists of members of the Executive
and Management staffs representing the entities that comprise BRLI. In addition, BRLI has appointed a
HIPAA Compliance Officer, established a HIPAA Project Office, and developed a framework for
activities. As mandated in the proposed rules, a Privacy/Security Officer has also been appointed.
As the final HIPAA rules are released and their impact upon BRLI’s operations is analyzed, BRLI’s
response to HIPAA is reviewed and revised as necessary.
As BRLI’s preparation for HIPAA compliance advances, our focus remains on BRLI’s responsibilities to
the patients, doctors and health care organizations we serve to ensure we meet the HIPAA standards,
while not negatively affecting our ability to deliver care.
Quality Assurance
A Different Approach to Solving Problems
At Bio-Reference, we hate errors and go to great lengths to prevent them. At the same time we value the
errors that occur because they teach us how to get better. They show us where to concentrate our effort.
Essentially, we treat quality problems the way our physician clients treat disease. In search for a cure, we
examine the symptoms, diagnose each problem and prescribe a course of treatment. To serve our clients
better, we never stop looking for trouble.
• Each morning, laboratory managers from every department review the performance of the laboratory for
the previous 24 hours. We get to the problems before the problems get back to us.
• Bio-Reference takes the guess work out of quality. We perform statistical analysis to identify the most
common errors and critical issues. Then we set specific, measurable goals for improving performance.
• We don't keep our problems to ourselves. Every quality goal is measured and tracked, and results are
always on display for both our employees and visiting clients to see.
Ordering and Reporting Capabilities
Bio-Reference has three different ways that ordering can be done for your facility, they are as
follows:
 Paper Requisitions
 CareEolve
 Ordering Entry via interface with Maricopa County Vendor
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Ordering entry electronically is the preferred method to avoid any data entry mistakes,
misspelling of names, or missing testing that is ordered.
BRLI also has the capability to report Maricopa County reports in several difference ways and
your Account Executive will set your accounts up as your preferred way. The following are the
current options:
 Print In-house, courier delivery
 Autofax
 CareEvolve
 Results Interface via your preferred vendor
Our CareEvolve system allows not only for order entry and result reporting but it also allows you
as the client to check patient’s results anytime, anywhere since it is a web-based application and
using your secure username and password. If CareEvolve is the best option for your facility,
BRLI will provide a computer setup with a printer for ordering and resulting options to BRLI.
CareEvolve has a practice management bridge which allows users the ability to query virtually
any practice management system. The bridge is embedded directly in the CareEvolve’s ordering
module.
If an interface is needed to your facility with your preferred practice system we are capable of
interfacing with a number of vendors (list is as follows) and typically the interface process can
take from 2-8 weeks depending on the difficulty of the interface. The following are key features
of using CareEvolve:
 Web-based portal using Microsoft technologies
 A secure, HIPAA-compliant, web portal that provides 24 hour access to the lab ordering
and reporting modules
 Integrated patient bridge provides real-time capture of demographic data from most
physician office systems
 Payor-specific lab routing to prevent receipt of out-of-network lab orders
 Site configurable patient demographic requirements
 Site configurable ordering favorites (tests and diagnosis)
 Full/searchable ICD-9 list with automated ICD-9 specificity checking
 Specimen label printing
 Dynamic/test-driven Ask at Order Entry (AOE) questions to capture clinical information
 Medical Necessity checking with Advanced Beneficiary Notice (ABN)
 Integrated Manifest (packing slip) printing for batch shipments
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 Specimens receipt confirmations
 Online results viewing and printing
 Automated printing modules allows secure, timely report delivery or graphical views
 Powerful search tools enabling end users to query the results database, cross-referencing
demographics and biomarker values
 Communications module enables secure messaging between physicians and laboratory
STORMPATH™
BRLI has created system for Pathologists for providing services for the technical and
professional component of esoteric testing. STORMPATH™ was created from the perspective of
a pathology, either community or university based, by providing the most complete, yet easy-to-
use application for ordering, analyzing and reporting patients results. Regardless of your
expertise, STORMPATH™ offers opportunities to interpret cases for most pathologists and you
can feel secure about the results because all of our tests are thoroughly validated at our CLIA and
CAP certified lab to ensure you interpret with accuracy and completeness. The following are
available for interpretation:
 FISH
 Flow Cytometry
 Breast
 UroVysion
Technical Proposal
 Digital Slide Imaging
 Surgical Biopsies
Data Integration Options:
BRLI can provide data feeds of demographic, billing and clinical data in a number of formats
including:
 HL7 ADT
 HL7 ORM
 HL7 ORU with discrete data
 HL7 ORU with embedded binary data
 Barcode requisitions (2-D, linear)
Other CareEvolve/LIS Key Reporting Features:
 Automated printing modules allows secure, timely report delivery with minimal user
interaction
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CONTRACT #: 860-15-08B
 Cumulative reporting to view trended patient results in tabular or graphical views
 Color Reports
 Automated Faxing
 Client LIS/EMR feeds
 Discrete HL7 results
 HL7 results with embedded binary (images, documents, etc)
 PDF
Clinical System Options for Sending Results:
 Data Transfer Security Options:
o Point-to-Point VPN’s, SFTP, 128-Bit automated transfer agent
 Protocols:
o HL7 LLP
o SFTP
o FTP (if secured via VPN)
o 128-bit HTTPS
 Formats:
o Discrete HL7 results
o HL7 results with embedded binary (images, documents, etc)
o PDF
Demographic/Orders Data Flow
For physician offices with Electronic Medical Record Systems, the order originates in the EMR
and is sent directly to BRLI.
For physician offices without Electronic Medical Record systems:
 Clients with Practice Management Systems will likely use the CareEvolve demographic
bridge to query/pull demographics directly from their system while ordering.
 CareEvolve will validate the order/demographics information (as identified above) to
ensure Maricopa Counties information/billing requirements are met.
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CONTRACT #: 860-15-08B
The order will be captured by BRLI’s LIS and a feed of Maricopa County order information can
be sent (either batch or real-time) via HL7.
Results Data Flow
The technical component results will be available via STORMPATH™ for Maricopa County
pathologist review. The pathologist will review the results and enter a diagnosis and results can
then be sent to the client via the many results reporting mechanisms defined above (remote
printing, online portal, etc).
A results interface can be implementing for ordering physicians with EMR systems.
BRLI’s reporting provides many comprehensive reporting options and can consolidate several
different types of testing on a single report.
In addition to traditional text-based pathology reporting, we currently report/transmit: print
photomicrographs, flow cytometry histograms, cytogentic karotype images and FISH images.
BRLI will also confirm our compliance with HIPAA. We will summarize our documentation to
demonstrated security of protected health information (PHI) and upon request will provide our
policies and procedures related to HIPAA inclusive of encryption mechanisms/authentication
methods, database security and all other security features of our system.
Practice Systems:
BRLI has the abilities to interface with the following systems. Be advised that this is not an
exhaustive list as there may others not identified and others may be implemented in the future:
Page 29 of 34

Product Name Company Name Product Name Company Name
eClinicalWorks eClinicalWorks Office Practicum Connexin Software
Practice Fusion Practice Fusion CareTracker CONTRACT Ingenix #: 860-15-08B
athenaClinicals athenahealth Medios IOS Health Systems
NULL NULL OmniMD OmniMD
iClinic MDLAND e-MDs Berkshire Medical Technology
PrimeSuite Greenway CorrecTek CorrecTek
Amazing Charts Amazing Charts Doc-tor.com Emdeon
athenaCollector athenahealth Emdeon - Orders Emdeon
Allscripts Professional AllScripts eClinicalWorks MedAllies
OncoEMR Altos eIVF PracticeHwy
MDnet EHI - Enable Healthcare Kareo LabSoft
DigiChart DigiChart Physician's Solution Universal EHR Solutions
Vitera Intergy Emdeon Centricity Virtual OfficeWare
Medent Medent Waiting Room Solutions Waiting Room Solutions
Care360 EHR Quest Diagnostics Allscripts Enterprises AllScripts
PrimeSuite Emdeon Client's Custom Client's Custom
HealthFusion HealthFusion DigiDMS DigiDMS
e-MDs e-MDs H-DOX H-DOX Bioinformatics
Ignis Liaison Doc Digital MD
Centricity GE Healthcare MediNotes Eclipsys
Sage Intergy Emdeon EpicCare Epic
CureMD CureMD Practice Partner McKesson
SigmaCare SigmaCare iPatientCare MCS - Medical Communication Systems
Medgen Comtron MTBC MTBC
NextGen NextGen MOSAIQ Impac
ChartMaker STI Computer Service Inc. Kipu Records KIPU Systems
AdvancedMD AdvancedMD IMS Meditab
MedicsDocAssistant Advanced Data Systems HemOncPro MedSym
Informedika Informedika NaphCare NaphCare
InSync Intivia Rabbit Rabbit Healthcare
EHR 24/7 Office Ally SpringCharts Spring Medical
Criterions Criterions AdvantaChart AdvantaChart
Allscripts MyWay AllScripts Medinformatix Davlong
LabDAQ Antek HealthWare CareRevolution EHS
Aria Varian iKnowMed iKnowMed
Aprima Aprima OfficeEMR iSALUS Healthcare
PowerWorks Cerner Practice Choice McKesson
MD-Reports Infinite Software MedAZ MedAZ
SOAPware SOAPware Medical Office Online Medical Office Online
PrognoCIS Bizmatics PracticeSuite PracticeSuite
UroChartEHR Intuitive Medical Sage Medical Manager Sage Healthcare
MacPractice MacPractice Medisoft Accudata Service
Orchard Orchard CMS/PHS Corizon
Orchard Harvest LIS Orchard ElationEMR ElationEMR
Sage Intergy Sage Healthcare Elekta Elekta
Sevocity Sevocity Praxis Infor-Med Medical Information Systems
Medisoft McKesson Centricity HealthCo Page 30 of 34
MPM Meditech Acumen HIT Services Group
Medisoft Medworks Management Impresario Medical Impresario Medical
Medisoft Microwize NextGen Integrated Healthcare Solutions

CONTRACT #: 860-15-08B
CareEvolve Disaster Prevention and Data Recovery Plan
Overview
A disaster can be defined as “a sudden or great misfortune”. All disastrous threats to CareEvolve
can be associated with one of the following categories:
 Disaster to Facility
 External Infrastructure Breakdown
 Internal Network Failure
 Denial of Service (DoS) Attacks
 Malicious Software
 Local Hardware/Software Failure
The goal of this document is to:
 Define each threat
 Highlight the tools and technologist used to prevent each threat
 Describe the procedures to recover from a disaster
Disaster to Facility
Definition: Any physical threat to the datacenter/facility. These threats include:
 “Acts of God” – Flood, Fires, etc.
 Terrorist Acts – Bombings, etc
Prevention/Recovery Procedures:
The Datacenter has been designed to mitigate risk of such disasters. The following steps have
been taken to reduce the risk of these threats (Datacenter floor plan provided upon request):
 Raised floor construction
 FM-200 waterless fire suppression system
 Biometric/SmartCard required for access to facility
 Management/Support Team located offsite
 Offsite shipping of backup tapes
 24/7 onsite security
 Video surveillance
 Motion Sensors
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CONTRACT #: 860-15-08B
 Airtight, Locked Cages
CareEvolve will provide the following alternate hosting options to our clients for mitigate the
risk of threats on our Datacenter:
 “Cold Site” – Application & Date Files are backed up and shipped off site. In case of a
catastrophe, the following steps must occur:
o The infrastructure (hardware, OS, etc) must be procured & configured
o The application & data must be restored
o DNS changes must be made to enable domain resolution
External Infrastructure Breakdown
Definition: A threat to any external service required to run CareEvolve. These threats include:
 Power Loss
 Telecom/Connectivity Loss
Prevention/Recovery Procedures:
To minimize exposure on External Infrastructure breakdown, the facility:
 Physically spans two power grids
 Utilizes redundant Liebert uninterruptible power supplies (UPS)
 Runs redundant Caterpillar diesel generators
 Operated at less than 40% power capacity to allow for a provider failure
 Physically spans two “local loops”
 Utilizes three separate telecom providers for connectivity
 Operates at less than 40% bandwidth to allow for telecom failures
In the event that both power grids fail, we perform the following steps:
 Uninterruptible Power Supply maintains power during short-term loss
 Generator starts automatically, powering the entire building. Each generator has enough
fuel to power the facility for 18 consecutive hours without refueling.
In the event of a connectivity failure, all requests are automatically re-routed across the
functioning carriers.
Internal Network Failure
Definition: A threat to our Internal Network. These threats include:
 Network hardware failure
 Media/Cabling failure
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CONTRACT #: 860-15-08B
Prevention/Recovery Procedures:
The following precautions have been taken to mitigate risk on Internal Network Failure:
 Redundant Switches
 Redundant Routers
 Redundant Network Cards/Media
 Centralized Monitoring
 24/7 Onsite Network Engineers
 Onsite Spares for all equipment
In the event that a network component fails, the following steps are performed:
 Determine the root of the failure
 Replace the component
 Log the failure/resolution
 Review inventory levels, order new equipment if necessary
Denial of Service (DoS) Attacks:
Definition: A malicious attack to reduce system availability by inundating a network/computer
with Network/Application layer requests.
Prevention/Recovery Procedures:
The following precautions have been taken to reduce the risk of Denial of Service Attacks:
 Packet Filtering – we filter out all transactions other that HTTP and HTTPS
 Stateful Inspection – we track all allowable IP transactions for their duration, looking for
DoS signatures
In the event of a DoS Attack, we take the following steps:
 Identify the source & destination addresses of the attack
 Block traffic from source addresses
 Notify Law Enforcement & Telecom Providers
Malicious Software Attacks
Definitions: Malicious Software is any viruses or worm that threatens the systems integrity and
or availability.
Prevention/Recovery Procedures:
The following precautions have been taken to reduce the risk of malicious software:
 Automatic Patching – of operating systems, database and web server software
 Automated Virus Scanning, Virus Definition Updates
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CONTRACT #: 860-15-08B
 External Email Hosting/Clients – no mail servers/mail clients are running on the private
network used for application hosting
In the event a Malicious Software attack/infection, the following steps are taken:
 Each machine is fully scanned/analyzed
 Viruses are quarantined
 Machines are tested
Local Hardware Failure
Definition: Local Hardware/Software Failure consists of any physical or operating system
breakdown on a given machine.
The threats include:
 Drive Failures
 Network Card Failure
 Power Supply Failure
 RAID Controller Failure
 Motherboard Failure
Prevention/Recovery Procedures:
The following precautions have been taken to reduce exposure of these threats:
 Load balancing of websites – automatic failover to most available machine
 All machines utilize redundant drive arrays (SANs or RAID)
 All machines use redundant network cards
 All machines contain redundant power supplies
In the event of a Local Hardware Failure, the following steps are taken:
 Web request automatically are forwarded to available hardware
 Machine is removed from rack and repaired by a network engineer (available 24/7)
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