[Code of Federal Regulations]

[Title 48, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR37.401]



[Page 764]

 

            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.