1. health and fitness

UNIVERSITY OF CALIFORNA HEALTH
REQUEST FOR PROPOSAL
TEMPORARY STAFF LABOR
PROVIDER/VENDOR MANAGEMENT SYSTEM
RFP NUMBER 8020
DATE ISSUED: APRIL 6, 2015
DUE DATE: APRIL 27, 2015 – NOON (PACIFIC TIME)
UC HEALTH
RFP NO. 8020
REQUEST FOR PROPOSAL
The Regents of the University of California on behalf of its five (5) medical centers (UC Davis
Health System, UC Irvine Health, UCLA Health, UCSF Health and UCSD Health System),
hereafter known as UC Health is soliciting proposals for providing UC Health and it constituent
hospitals with comprehensive temporary labor services provider/vendor management system
solutions for workforce management of temporary healthcare staffing as outlined herein.
I.
SCOPE OF SERVICES
UC Health seeks to partner with a single organization to integrate the business functions
related to supplemental clinical staffing as outlined herein. The scope of this partnership
would include all of the following:
II.
o
A common rate schedule, based on region, to all UC Health businesses for
supplemental staffing
o
Common centralized credentialing and background checking for supplemental
staff
o
Electronic scheduling of supplemental staff
o
Electronic time keeping, invoicing and payment for supplemental staff
o
One call staffing - brokering all supplemental staffing that are unable to be filled
by the primary partner
o
Detailed reporting of all UC Health supplemental staffing utilization
o
Onsite vendor provided support staff
UC HEALTH BACKGROUND
Our five academic health centers form an $8.6 billion enterprise providing broad access
to specialized care that earns the highest national rankings. Our health sciences
education system, the country’s largest with more than 14,000 students and 17 health
professional schools, is educating tomorrow’s leaders. Our world-class research is
tackling health’s toughest challenges. Overall, UC Health generates about 117,000 jobs
in the state, $12.5 billion in annual contribution to gross state product and $16.7 billion in
economic activity, according to a 2011 independent economic impact report.
Behind those numbers are our people, from physicians and nurses to clinicians and
researchers, who work hard to save lives and improve health across California and
around the world.
The temporary labor program at the University of California Health Systems aims to
supplement and enhance the overall clinical and non-clinical staffing at its five constituent
facilities.
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The chart below provides a profile of UC Health:
III.
UCD
UCI
UCLA
UCSD
UCSF
Total
Number of
Beds
619
411
805
563
720
3,118
Number of
Admissions
30,471
19,287
42,142
27,650
29,230
148,780
Number of
ED Visits
67,537
45,058
66,313
68,345
42,295
289,548
RESPONSE DUE DATE
Responses are due on April 27, 2015 at noon (Pacific Time).
IV.
VENDOR PRESENTATIONS
Qualified vendors will be invited to participate in vendor presentations with UC Health
representatives. Each vendor will be given one hour to present their proposed programs
as it meets the objectives of this Request for Proposal (RFP) and to address any
questions with the UC Health representatives. Presentations are tentatively scheduled
for May 11 and/or 12, 2015. Invitations to participate in the vendor presentations will be
made no later than May 1, 2015.
Vendors should not make any travel arrangements until receipt of invitation to participate.
UC Health will not be responsible for any costs associated with a vendor’s participation in
the vendor presentations and/or for any expenses incurred should a vendor not be invited
to participate in the vendor presentation.
Vendor presentations will be held at:
UCLA Health Human Resources
th
10920 Wilshire Blvd., 4 Floor
Los Angeles, CA 90024
UCLA Health reserves the right to reschedule the vendor presentation dates.
V.
GENERAL INSTRUCTIONS
A.
Vendors are required to submit acknowledge of RFP receipt and provide their
intent to participate. All acknowledgements must be received by April 10, 2015
and should be submitted by email to Eimee Miura ([email protected]).
B.
The respondent shall provide ten (10) written copies and seven (7) electronic
copies (flash drive) of their response. One (1) written copy should be clearly
marked as the “master copy”.
C.
A cover letter should be included with response and should include a brief
statement of respondent’s strengths as a managed services provider. The cover
letter should identify the representative of the company that is duly authorized to
commit and respond on behalf of the company. This person must sign the cover
letter.
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D.
Responses should include a return of the original RFP with initials in the space
provided (lower right hand corner of each page). Respondent’s initials will
acknowledge respondent’s understanding and acceptance of the contents on that
page.
E.
Responses should be submitted in a sealed container, package or envelope that
will preserve contents until opened by an authorized UC Health representative.
The RFP number should be clearly marked on the outside of the container,
package, or envelope.
F.
Overnight express mail, messenger, or any other delivery method that will ensure
on-time delivery with proof of delivery should be used to send responses. UC
Health does not assume responsibility for late receipt (delivery) of response or
responses sent by the United States Postal Services.
G.
Responses made by email or facsimile will not be accepted.
H.
Responses should be sent to:
Eimee Miura
Director
UCLA Health Procurement and Strategic Souring
10920 Wilshire Blvd., Suite 750
Los Angeles, CA 90024
Telephone No.: (310) 794-0144
I.
Responses should be made in the same order as provided in the RFP.
Additional information and/or documents may be attached at the end of the
response. The RFP section and item numbers should be noted and referenced
on any additional documents.
J.
Failure to comply with the provisions outlined herein (General Instructions) will
result in your proposal being non-qualified and rejected as non-responsive.
K.
Deviations from the RFP expectations and requirements must be noted in
respondent’s response. Respondents should be aware that any deviations to the
minimum expectations and/or requirements as outlined in this RFP may result in
disqualification.
L.
Questions should be submitted in writing by email to:
Eimee Miura
[email protected]
M.
Responses to questions will be made in writing to all potential respondents. UC
Health does not assume responsibility for questions or responses received after
the RFP question and response deadline that might prevent the respondent’s
ability to provide a response within the established deadline.
N.
Any and all questions should be submitted to the designated UC Health
representative. UC Health does not assume any responsibility for questions
submitted to or answered by an unauthorized UC Health representative.
O.
Potential respondents may not make contact with any member of the UC Health
and may only contact the authorized UC Health staff as outlined in this RFP.
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Failure to comply with this requirement may result in the disqualification of the
vendor in further participation of this RF.
VI.
SCHEDULE OF EVENTS
Distribution of RFP
April 6, 2015
RFP Receipt Acknowledgement
and Intent to Participate
April 10, 2015
Written RFP Questions Due
April 10, 2015 – noon (Pacific Time)
Responses to Questions
April 17, 2015
Vendor Presentations
May 11 and/or 12, 2015
RFP Responses Due
April 27, 2015 – noon (Pacific Time)
Selection of Vendor
To Be Determined
UCLA Health reserves the right to change and/or modify this schedule. All vendor
participants will be notified of any changes.
VII.
BASIS FOR AWARD/SELECTION CRITERIA
A.
It is the intent of University of California Health Systems to review and/or award
the resulting contract to the responsive and responsible company whose
proposal is determined to be the best overall value to University of California
Health Systems. Award is made for RFP responses with the best overall value to
UC Health. Cost shall be a factor in the award but not the only factor.
B.
University of California Health Systems may appoint a committee to perform the
evaluation. Each proposal will be analyzed to determine overall responsiveness,
best qualifications and best value for University of California Health Systems.
The selection committee may select all, some or none of the suppliers for
interviews and/or presentations. If University of California Health Systems elects
to conduct interviews and/or presentations, suppliers may be interviewed and
scored based upon the criteria referenced within RFP. University of California
Health Systems may also request additional information of suppliers at any time
prior to award. University of California Health Systems reserves the right to select
one, or more, or none of the suppliers for award.
C.
This contract will be reviewed and/or awarded to the responsible company whose
RFP response is determined to be the best overall value to UC Health
considering all factors in this RFP, and at the sole discretion of University of
California Health Systems.
D.
Other conditions or issues deemed appropriate by the UC Health staff as it
relates to the particular services requested in the RFP.
E.
A prequalification process will be used to identify vendors who will be invited to
participate in vendor presentations. The prequalification process will include but
not limited to the review of the vendor responses to determine their ability to
meet the operational model, requirements, and expectations of UC Health as
outlined in this RFP.
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VIII.
IX.
F.
Utilization of services outline in this RFP is estimated only and used to solicit
responses. It does not bind UC Health to order the same amount in the RFP. UC
Health reserves the right to utilize services more or less than the time estimated
in this RFP.
G.
UC Health reserves the right to award contracts based on the RFP to a single
provider, affiliated consortium of service partners or multiple suppliers.
H.
All current service provider contracts remain in effect with UC Health remain in
effect throughout the evaluation process and said providers may be considered
in the RFP process.
VENDOR RESPONSE TEMPLATE
A.
See Attachment I – Vendor Response Worksheet
B.
Responses must be submitted on the Vendor Response Worksheet, unless
otherwise specified.
C.
Failure to appropriately complete the Vendor Response Worksheet may be
considered non-responsive and prospective respondent will not be included in
the vendor selection and award process.
SUPPLEMENTAL INFORMATION
A.
X.
RFP NO. 8020
Supplemental material, case studies, graphs, charts data, marketing literature,
reference letters, certificates of accreditation and potential services beyond the
stated scope of this RFP may be submitted with responses. Supplemental
material should be submitted as exhibits to the responses and clearly marked as
such.
GENERAL TERMS AND CONDITIONS
A.
Preparation Costs: UC Health is not responsible for any preparation costs
incurred by respondent. Respondent is solely responsible for all costs in
association with information, proposals, visitations, demonstration, and personnel
furnished to comply with this RFP or any subsequent requests prior to issuance
of an agreement.
B.
Term of Agreement: The term of any agreement arising from this RFP shall be
for three (3) years with two (2) one year renewals. Any renewals must be agreed
upon in writing by both parties. In the event the agreement is not renewed the
agreement shall continue to be in full force and effect after such termination for
any HCPs then on assignment with UC Health or scheduled to commence an
assignment with UC Health less than 14 days after such termination and the
parties agree to fulfill all obligations hereunder with respect to such HCPs.
C.
Joint Ventures or Subcontracts for Products or Services Requested: No contract
shall be made by the supplier with any other party for furnishing any of the work
or services herein contracted for without the written approval of UC Health. This
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provision will not be taken as requiring the approval by UC Health for
employment between the supplier and employees.
D.
Furnished Property: No material, labor or facilities will be furnished by UC Health
unless otherwise provided for in this RFP.
E.
Access to Books and Records: Until the expiration of four (4) years after the
furnishing of services under this Agreement, upon written request by the
Secretary of the United States Department of Health and Human Services, the
United States Comptroller General, or any of their duly authorized
representatives, the parties will make available the contracts, books, documents
and records necessary to verify the nature and extent of the costs of providing
those services. If either party carries out any of the duties of this Agreement
through a subcontract with a value of $10,000 or more over a 12-month period
with a related individual or organization, the party agrees to include in any such
subcontract a clause permitting access by the Secretary, the Comptroller
General, and their representatives to the related Sub supplier’s books and
records. This section is included pursuant to and is governed by the
requirements of §§1102 and 1871 of the Social Security Act (42 U.S.C. §§ 1302
and 1395hh) and the regulations in 42 CFR §§420.300-420.304.
F.
Health Insurance Portability and Accountability Act of 1996 (HIPPA): The parties
understand and agree that this Agreement is subject to the Health Insurance
Portability and Accountability Act of 1996 and the Privacy and Security
Regulations, 45 C.F.R. Parts 160, 162 and 164 issued under said Act. The
Parties agree to strictly comply with HIPAA and the regulations issued under
HIPAA and to execute any documents that may be required by HIPAA or the
HIPAA Privacy Security Regulations. Failure of the supplier or its employees,
agents, and/or subcontractors to comply with HIPAA regulations issued under
HIPAA or to execute any documents concerning compliance when requested by
UC Health shall be a material breach of this Agreement and shall permit UC
Health to immediately terminate this Agreement. UC Health will make the
decision whether or not documents will be required and UC Health’s decision
shall be final.
G.
Force Majeure: Neither Supplier nor University of California Health Systems
shall be responsible or deemed to be in default of its obligations to the other to
the extent any failure to perform or delay in performing its obligations under this
Contract is caused by events or conditions beyond the reasonable control of that
party, and are not due to the negligence or willful misconduct of such party
(hereinafter, “force majeure events”). For purposes of this Contract, force
majeure events shall include but are not limited to, acts of God or public enemy,
war, riot or civil commotion, strikes, epidemic, fire, earthquake, tornado,
hurricane, flood, explosion, terrorist acts or other catastrophes, or events or
conditions due to governmental law, regulations, ordinances, order of a court of
competent jurisdiction, executive decree or order. However, in the event of such
delay(s) or nonperformance, the party so delayed shall furnish prompt written
notice to the other party (including the date of inception of the force majeure
event and the extent to which it will affect performance) and shall undertake all
efforts reasonably possible to cure the delay or nonperformance and mitigate its
effects or to otherwise perform. University of California Health Systems shall not
be responsible for payment for any product or service delayed or foreclosed by
any force majeure event unless and until such delayed or foreclosed product.
H.
Nondiscrimination/Affirmative Action: During the performance services provided
under this RFP, Service Provider agrees to comply with all federal, state and
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local laws respecting discrimination in employment and non-segregation of
facilities including, but not limited to, requirements set out at 41 CFR 60-1.5, 60250.4 and 60.741.4, which equal opportunity clauses are hereby incorporated by
reference. Notification is hereby given that compliance with these clauses may
require Vendor to annually file certain reports (e.g., the EEO-1 Report and BETS100 Report) with federal government and may require the Vendor to develop
written Affirmative Action Programs for Women and Minorities, covered Veterans
and/or Handicapped Persons.
I.
Allocation and Deduction of Travel Expenses: The supplier’s hourly billing rates
and UC Health’s payment of those hourly rates necessarily incorporate and
contemplate that a portion of those rates is to reimburse Agency for all lodging,
meals and incidental expenses incurred by the HCPs (“travel expenses”). UC
Health acknowledges and agrees that a portion of its payment for the hourly
billing rates shall reimburse Agency for all travel expenses paid by Agency to any
of its HCPs providing services to Supplier hereunder. Supplier may deduct such
allocable portion of the payment as travel expenses subject to any applicable
federal limitations. Agency shall provide Supplier with information detailing all
such per diem allowances paid for travel expenses on a report referenced and
included as a part of each invoice. Each such report shall be deemed to be
incorporated by reference into the applicable invoice and read as a part thereof.
Such report shall contain the names of each HCP providing services to Supplier
who received per diem allowances during the period referenced on the invoice,
as well as the aggregate amount of those allowances during the billing period.
Copies of such expense reports are maintained by Agency and are available
upon request if needed to further substantiate Supplier’s tax deductions for travel
expenses.
Agency is providing Supplier with an aggregate hourly rate for billing purposes
which is inclusive of both (i) amounts for healthcare services provided by HCPs
hereunder; and (ii) reimbursements for per diem allowances paid by Agency to
HCPs (at the current rate, with 0% markup). The aforementioned hourly rate is
being given solely at Supplier's request to allow Supplier to compare the total
cost of Agency's services to its competitors' and it shall in no way reflect
treatment of how Agency is paying wages to its HCPs.
J.
Invoice and Billing Practices: Services Provider will invoice University of
California Health Systems on a bi-weekly basis for all amounts pursuant to the
rates and terms contained in the Rate Schedule attached to the agreement.
Invoices shall be consolidated into one invoice and forwarded by Services
Provider to the respective UC Health facility for payment. All payments for
services rendered by Services Provider, its affiliates and any Approved Vendors
under the terms of Agreement shall be submitted by the UC Health facility
directly to Services Provider. No payments shall be submitted by UC Health
facility to any other such party or agency directly for services performed.
Payment shall be due within thirty (30) days after receipt of a valid and accurate
invoice. University of California Health Systems will submit any and all
objections to the invoices to Services Provider within fifteen (15) days after
receipt of the invoice.
K.
Insurance: Each contracted service provider under this agreement (Party)
agrees to maintain, at its own cost and expense, insurance coverage as
necessary and reasonable to insure itself and its employees and agents in
connection with the performance of its duties and responsibilities under this
Agreement. Prior to providing services, or subsequently, upon request, all Parties
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agree to provide a Certificate of Insurance evidencing said insurance coverage.
Minimum coverage is as follows:
Professional Liability:
$1 M per occurrence / $3 M aggregate
Workers Compensation Coverage:
Evidence of coverage as mandated by state and federal government
Automobile liability Coverage: (Required for Home Health Professionals)
$500,000 bodily injury & property
** Damage arising out of the use of any non-owned or hired
autos
Insurance Providers
All such coverage must be provided (i) by commercial insurers that have
a minimum current A.M. Best rating of B+ or better, or (ii) through an
appropriately-funded, actuarially-sound self-insurance program.
L.
Liability and Indemnification:
(1) Service Provider agrees to indemnify and hold harmless University of
California Health Systems, its affiliates, directors, officers, agents, trustees,
employees, agents and representatives from claims and liabilities (including
reasonable attorneys’ fees and expenses incurred in the defense thereof at all
trial levels) relating to any property damage, personal injuries or death, directly
arising out of the acts or omissions of Service Provider or its employees arising
out of or relating to services provided under this Agreement and claims and
liabilities relating to any action, cause of action, claims, lawsuits or investigations
against University of California Health Systems by any person or a governmental
entity or agency relating to any action or omission to act by Service Provider or
its employees, including, but not limited to, discrimination, wrongful discharge,
retaliation, breach of contract or any other federal, state or agency law, rule or
regulation.
(2) Service Provider agrees to cause each Approved Vendor to indemnify and
hold harmless University of California Health Systems, Service Provider and their
affiliates, directors, officers, agents, trustees, employees, agents and
representatives from claims and liabilities (including reasonable attorneys’ fees
and expenses incurred in the defense thereof at all trial levels) relating to any
property damage, personal injuries or death, directly arising out of or relating to
the acts or omissions of the Approved Vendor or its employees in connection
with the Approved Vendor’s or its employees services to University of California
Health Systems and claims and liabilities relating to any action, cause of action,
claims, lawsuits or investigations against University of California Health Systems
by any person or a governmental entity or agency relating to any action or
omission to act by the Approved Vendor or its employees, including, but not
limited to, discrimination, wrongful discharge, retaliation, breach of contract or
any other federal, state or agency law, rule or regulation.
(3) University of California Health Systems agrees to indemnify and hold
harmless Service Provider and each Subcontractor, their affiliates, directors,
officers, agents, trustees, employees, agents and representatives from claims
and liabilities (including reasonable attorneys’ fees and expenses incurred in the
defense thereof at all trial levels) relating to personal injuries or death, directly
arising out of the acts or omissions of University of California Health Systems or
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its employees, and claims and liabilities relating to any action, cause of action,
claims, lawsuits or investigations against Service Provider or an Approved
Vendor by any person or a governmental entity or agency relating to any action
or omission to act by University of California Health Systems, its employees,
agents, including, but not limited to, discrimination, wrongful discharge,
retaliation, breach of contract or any other federal, state or agency law, rule or
regulation.
University of California Health Systems and Service Provider each agree that
they and each Approved Vendor shall only be liable under this Section 17 for the
proportionate liability or relative share of negligence allocated to such party
based on the acts or omissions of its employees, agents or representatives. If
such allocation is not determined by a court of competent jurisdiction and the
parties in good faith are otherwise unable to agree to such allocations,
either University of California Health Systems or Service Provider may bring an
action, including a summary or expedited proceeding, to compel binding
arbitration of such matter.
M.
Responsibilities of Subcontractor: Subcontractor and its employees shall at all
times diligently, professionally and ethically carry out their responsibilities under
this Agreement in the best interest of UC Health and its patients.
1.
Documentation of HCPs. Subcontractor agrees to comply with the UC
Health accreditation and licensing requirements attached to the
Subcontractor Guide (see Attachment B). Subcontractor shall provide
Supplier sufficient evidence to verify that each HCP has satisfactorily
completed all UC Health required documents and continues to be current
during the applicable assignment.
2.
Standard of Practice. Subcontractor shall be in compliance and ensure
that all HCPs it provides to the UC Health under this Agreement shall
conduct themselves in accordance with the requirements and
recommendations of all applicable laws, the Joint Commission on
Accreditation of Healthcare Organizations, OHSA, CDC regulatory
agencies, the policies and procedures of the UC Health and current
standards of practice as they pertain to performance of services under
this Agreement.
3.
Online Testing of HCPs Subcontractor agrees to abide by the Policies
and Procedures relating to online testing attached to the Subcontractor
Guide (see Attachment B). Subcontractor agrees to indemnify and hold
harmless Supplier, its officers, directors, agents and employees for any
breach by Subcontractor of such Policies and Procedures.
A representative of Supplier will coordinate receipt of the foregoing
documentation in order to confirm that the HCP has met all requirements
of the UC Health. A complete profile of each candidate (including, but not
limited to credentialing and screening) shall be completed by
Subcontractor prior to submitting a candidate to Supplier. Subcontractor
shall cause all of its employees to be in compliance therewith throughout
the term of his/her assignment. Subcontractor shall continue to monitor
such candidate’s compliance therewith during the term of the assignment
and shall provide Supplier with updated information, as applicable. Any
violation of compliance with the required credentialing standards may
result in the cancellation of such HCP from an assignment.
Subcontractor will provide confirmation of HCP’s acceptance of an
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assignment to Supplier. Subcontractor shall notify Supplier as soon as
practicable upon receiving information that HCP may cancel or postpone
an assignment.
N.
4.
Experience. Each HCP supplied by the Subcontractor must have a
minimum of one-year experience in an acute care setting; and has
Subcontractor shall ensure that each HCP supplied by the Subcontractor
for specialized units has at least one year's full-time equivalent
experience in that specialty area within the two years preceding the date
the HCP is supplied to the UC Health under this Agreement. Although
each HCP will be pre-screened and/or interviewed by Supplier, a final
determination for temporary employment shall be made by the UC
Health.
5.
Licenses/Certifications on Probation or Suspension. Prior to each HCP’s
assignment with the UC Health, Subcontractor shall verify with the
applicable state board that the HCP is not on probation or suspension.
No HCP who is on probation or whose license is suspended as
described above or for whom board proceedings are pending shall be
supplied to Supplier. In addition, any HCP who is on a temporary license
or other similar license shall be noted in bold print on an application.
6.
Non-Discrimination. Subcontractor shall, and shall cause all of its HCPs
supplied by Subcontractor to UC Health under this Agreement to, provide
services to patients under this Agreement regardless of the patient's
race, color, age, creed, sex, sexual orientation, national origin, disability,
Vietnam Veteran status, status as a member of the Uniformed Services,
or any other classification regulated by law.
7.
Compliance with Applicable Laws. During the term of this Agreement,
Subcontractor is, and shall cause its HCPs to be, in compliance with all
applicable local, municipal, state and federal laws and all rules and
regulations applicable to the services described herein.
8.
Work Authorization. Subcontractor will obtain and keep on file all
documentation with respect to HCPs supplied to the UC Health
hereunder required by Supplier, the UC Health, and by the Bureau of
Citizenship and Immigration Services to prove legal status to work and
reside in the United States of America. Upon twenty-four hours written
notice, Supplier and/or the UC Health may inspect Subcontractor’s
records during its regular business hours to verify Subcontractor’s
compliance with this Agreement.
9.
No Solicitation. During the term of the agreement, Subcontractor shall
not contact UC Health or any of its employees, agents or representatives
directly to provide, coordinate placement of, or manage the assignments
of HCPs. Subcontractor shall not accept solicitations from the UC Health
for the services described herein during the term of this Agreement.
Furthermore, Subcontractor may not engage subcontractors to provide
HCPs for assignments procured by Supplier at the UC Health without
Supplier’ prior written consent.
Responsibility of UC Health to Subcontractor:
1.
Orientation. All HCPs shall be oriented to the individual unit/department
in accordance with the standards of The Joint Commission (TJC) or
other accreditation agencies, OSHA, CDC, federal/ state regulatory
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agencies and state board of nursing practice act prior to assuming
patient care duties.
O.
2.
Evaluation. All HCPs shall be evaluated by the charge nurse or unit
supervisor periodically. Supplier will use commercially reasonable efforts
to obtain such evaluations upon receipt of a reasonable request for the
same from Subcontractor. With respect to HCPs on assignment for 8
weeks or more, Supplier will use commercially reasonable efforts to have
all personnel evaluated by the charge nurse or unit supervisor at the end
of each assignment.
3.
Small Business. Upon Supplier’s request, Subcontractor agrees to provide
Supplier with documentation evidencing Subcontractor’s status as a
“small business” or “disadvantaged small business” as described by the
United States Small Business Association, if applicable.
Solicitation of Staff, Employees and Clients:
1.
Flipping. During the term of this Agreement, if, and to the extent that, any
candidate whose profile is submitted by Subcontractor to Supplier is
working at UC Health’s facility for Supplier or Subcontractor (in either
instance, the "Staff Employer"), then the other party agrees that it will
not, and will cause its affiliates not to, interfere with the business of the
Staff Employer and its affiliates by inducing that candidate to become
employed by the other party at UC Health’s facility (e.g. no "flipping").
2.
HCP Working for Both Parties. During the term of this Agreement, if a
candidate's profile is submitted by Subcontractor to Supplier and such
candidate is actively working for both parties at a non-UC Health facility,
then the party that submits the candidate for a position at a UC Health
facility first shall be awarded the contract with the candidate if the
candidate is selected to work at a UC Health facility; provided, however,
that there shall be no prohibitions or restrictions on either party with
respect to hiring such candidate for any non-UC Health facility.
3.
HCP Working for Subcontractor. During the term of this Agreement, if a
candidate's profile is submitted by Subcontractor to Supplier and such
candidate is actively working for Subcontractor but not for Supplier, then
Supplier shall not, and shall cause its affiliates not to, interfere with the
business of Subcontractor and its affiliates by inducing such candidate to
become employed by Supplier or any of its affiliates at any facility (nonUC Health or otherwise) during the 6-month period immediately following
the day that the candidate's profile was submitted by Subcontractor to
Supplier.
4.
Definition of “Actively Working.” As used in this Section, "actively
working" means that a candidate's profile has been submitted by either
party to a facility for an employment assignment within the preceding 6month period prior to the time such candidate's profile is submitted by
Subcontractor to Supplier or that the candidate is currently working on an
assignment for a party.
5.
Facilities: Throughout the term of this Agreement and for six months
thereafter, Subcontractor will not make any attempt to contract directly
with UC Health as their exclusive vendor manager or preferred provider.
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6.
Hiring HCPs: UC Health may hire a Subcontractor’s HCP for a
permanent position upon completion of an HCPs assignment at no cost
to the UC Health System.
UC Health may hire a Subcontractor’s per diem HCP with no
contingency fee upon completion of 300 hours within one year, if less
than 300 hours have been worked by Subcontractor’s per diem HCP
there will be a contingency fee equal to $5,000.
7.
Prior Employment by Hospital: Subcontractor shall not assign to Hospital
any HCP who has previously been employed by Hospital unless Hospital
approves the assignment of such HCP in advance in each instance.
P.
Cancellation of this RFP and/or Supplier Agreement: UC Health reserves the
right to cancel any RFP or supplier award or any parts of any resulting contract
when: (a) it is found that product quality, service or delivery is not in keeping with
the provisions of this RFP and the supplier has not cured the deficiencies within
five (5) days of written or verbal notification, or (b) an item or items or service(s)
are no longer needed. Cancellation notification under this provision shall be given
to the supplier in writing no later than thirty (30) days prior to the date the
cancellation is effective. UC Health reserves the right to cancel with 30 day
notice for cause or changing market conditions, or changing UC Health
department(s) requirements, or changing requirements and/or savings identified
through UC Health Value Analysis process, or identification of new
technology/products, or due to mergers and/or affiliations of UC Health. (c) The
product or service may be obtained through group purchasing activities with
other institutions or firms. (d) The cancellation of the RFP or supplier award is
determined to be in the best interest of University of California Health Systems.
Q.
Confidential, Trade Secrets or Proprietary Information: Those elements in each
proposal which the respondent considers to be trade secrets, as that term is
defined in Civil Code Section 3426.1(d), or otherwise exempt by law from
disclosure, should be prominently marked as “TRADE SECRET”,
“CONFIDENTIAL”, OR “PROPRIETARY” by the respondent. UC Health will not
in any way, be liable or responsible for the disclosure of any such records
including, without limitation, those so marked if disclosure is deemed to be
required by law or by an order of the court.
R.
S.
Use of Name: The awarded vendor(s) shall be prohibited from making any
reference to UC Health or its health systems and the use of the UC Health logo
or the logo of its health systems, in any literature, promotional material,
brochures, or sales presentation without the express written consent of UC
Health.
Exclusion from Federal Health Programs: Awarded vendor and/or its
subcontractors may not be excluded, debarred, or otherwise ineligible to
participate in the Federal health care programs as defined in 42 U.S.C. Section
1320a-7b-(f) and/or be presented on the exclusion database of the Inspector
General (OIG) or the Government Services Administration (GSA); convicted of a
criminal offense related to the provisions of health care items or services but
have not yet been excluded, debarred or otherwise declare ineligible to
participate in the Federal health care programs; under investigation or otherwise
aware of any circumstances which may result in awarded vendor or any of its
subcontractors being excluded from participation in the Federal health care
programs and/or being included on the OIG and/or GSA exclusion database;
debarred, suspended excluded or disqualified by any Federal government
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UC HEALTH
RFP NO. 8020
agency or department or otherwise declared ineligible from receiving Federal
contracts or federally approved subcontracts or from receiving Federal financial
and nonfinancial assistance and benefits; and/or under investigation or otherwise
aware of any circumstances which may result in awarded vendor or any of its
subcontractors being debarred, suspended, excluded or disqualified by any
Federal government agency or department or being excluded from receiving any
Federal contracts or subcontracts or participating in any Federal financial and
nonfinancial assistance and benefits.
T.
XI.
Unless otherwise stated herein, any applicable University of California Terms and
Conditions (copy attached) shall be made a part of any agreement arising from
the award of this RFP.
EXCEPTIONS AND AREAS OF NON-COMPLIANCE
A.
Please indicate your compliance with the terms and conditions as set forth in this
RFP.
100% Compliance – All terms and conditions of the RFP are accepted
without any exceptions, limitations and/or exclusions.
Concession Requests – Acceptance with non-contingent concessions
requested.
Non-Compliance – Acceptance contingent upon exceptions, limitations,
and/or exclusions
Company
B.
Signature
Date
Name
Title
All exceptions, limitations and/or exclusions should be provided as an exhibit to
the response and should include but not limited to the following information:



C.
RFP section number and description/requirement
Details regarding exception, limitation and/or exclusion
Suggested alternative, if applicable
UC Health reserves the right to review all exceptions, limitations and/or
exclusions to determine its appropriateness to the scope of services as outlined
in this RFP and may determine as the result of its review to disqualify a
respondent from further consideration.
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