[Code of Federal Regulations]
[Title 48, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR37.401]

[Page 740]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                CHAPTER 1--FEDERAL ACQUISITION REGULATION
 
PART 37_SERVICE CONTRACTING--Table of Contents
 
              Subpart 37.4_Nonpersonal Health Care Services
 
Sec.  37.401  Policy.

    Agencies may enter into nonpersonal health care services contracts 
with physicians, dentists and other health care providers under 
authority of 10 U.S.C. 2304 and 41 U.S.C. 253. Each contract shall--
    (a) State that the contract is a nonpersonal health care services 
contract, as defined in 37.101, under which the contractor is an 
independent contractor;
    (b) State that the Government may evaluate the quality of 
professional and administrative services provided, but retains no 
control over the medical, professional aspects of services rendered 
(e.g., professional judgments, diagnosis for specific medical 
treatment);
    (c) Require that the contractor indemnify the Government for any 
liability producing act or omission by the contractor, its employees and 
agents occurring during contract performance;
    (d) Require that the contractor maintain medical liability 
insurance, in a coverage amount acceptable to the contracting officer, 
which is not less than the amount normally prevailing within the local 
community for the medical specialty concerned; and
    (e) State that the contractor is required to ensure that its 
subcontracts for provisions of health care services, contain the 
requirements of the clause at 52.237-7, including the maintenance of 
medical liability insurance.