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LONG TERM ED PHYSICIAN SERVICES Federal contract opportunity
Solicitation number
36C24218R0255
Issued by
Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 2

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36C24218R0255

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a

. THIS

CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE.

CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________.

YOUR

OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

36C24218R0255 03-06 -2018 LEITCH, SALLY L, Administrative CO 585-297-1467 04-06 -2018

4:30PM EST

Network Contracting Office (NCO) 2 Department of Veterans Affairs Western New York Healthcare System 2875 Union Road, Suite 3500 Cheektowaga NY 14227 X X 621111 $11 Million X N/A X Department of Veterans Affairs Samuel S. Stratton VA Medical Center 113 Holland Avenue Albany NY 12208 Department of Veterans Affairs Western New York Healthcare System Network Contracting Office/ATTN 90NCA 2875 Union Road, Suite 3500 Cheektowaga NY 14227

Tungsten Network http://www.tungsten-network.com/uk/en

This is a 100% SDVOSB set-aside.

Contractor shall provide at minimum 4 to 8 Board Certified/ Board Eligible Emergency Medicine (strongly preferred), Internal Medicine or Family Practice physicians to cover 2 FTE for 4160 hours annually in the Emergency Department at the Samuel S. Stratton VA Medical Center located in Albany, NY.

Schedule of Services begins on page 8.

Performance Work Statement begins on page 14.

x x x Allan Preston Contracting Officer Table of Contents

SECTION A1
A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS1
SECTION B - CONTINUATION OF SF 1449 BLOCKS4
B.1 CONTRACT ADMINISTRATION DATA4
B.2 SPECIAL CONTRACT REQUIREMENTS6
B.3 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011)7
B.4 SCHEDULE OF SERVICES8
B.5 PERFORMANCE WORK STATEMENT – ONSITE EMERGENCY MEDICINE PHYSICIAN SERVICES14
SECTION C - CONTRACT CLAUSES43
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (JAN 2017)43
C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)48
C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)48
C.4 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)48
C.5 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)49
C.6 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2018)49
C.7 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008)55
C.8 VAAR 852.203-71 DISPLAY OF DEPARTMENT OF VETERAN AFFAIRS HOTLINE POSTER (DEC 1992)55
C.9 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2016)(DEVIATION)55
C.10 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012)56
C.11 VAAR 852.237-7 INDEMNIFICATION AND MEDICAL LIABILITY INSURANCE (JAN 2008)57
C.12 SUPPLEMENTAL INSURANCE REQUIREMENTS58
C.13 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)58
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS59
D.1 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)59
D.2 CERTIFICATION OF CITIZENSHIP67
D.3 CONFLICT OF INTEREST68
D.4 PAST PERFORMANCE QUESTIONNAIRE70
SECTION E - SOLICITATION PROVISIONS73
E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (JAN 2017)73
E.2 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)80
E.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)81
E.4 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (NOV 2017)82
E.5 52.216-1 TYPE OF CONTRACT (APR 1984)95
E.6 52.233-2 SERVICE OF PROTEST (SEP 2006)95
E.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)95
E.8 VAAR 852.209-70 ORGANIZATIONAL CONFLICTS OF INTEREST (JAN 2008)96
E.9 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (JAN 2008)96

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration will be handled by the following individuals:

a. Contractor: ______________________ Address: ______________________

Contractor Point of Contact (POC) for Contract: _____________________________

Title: _____________________________
Phone: _____________________________
Email: _____________________________

Billing POC for Contract: __________________________ Title: __________________________ Phone: __________________________ Email: __________________________

Credentialing POC for Contract: __________________________ Title: __________________________ Phone: __________________________ Email: __________________________

DUNS NUMBER: _______________TAX ID: ____________________BUSINESS SIZE: ______________

b. GOVERNMENT: Contracting Officer 00242 Allan Preston, 585-297-1469 Allan.Preston@va.gov Department of Veterans Affairs Network Contracting Office (NCO 2) 2875 Union Road Suite 3500 Cheektowaga NY 14227 Administrative Contracting Officer 00242 Sally L Leitch, 585-297-1467 Sally.Leitch@va.gov Department of Veterans Affairs Network Contracting Office (NCO 2) 2875 Union Road Suite 3500 Cheektowaga NY 14227

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

[X]
52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or
[ ]
52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [x] Monthly to: http://www.tungsten-etwork.com/uk/en/

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

Tungsten Network: http://www.tungsten-network.com/uk/en/

5. SECURE FAX: All faxes in regards to this contract shall contain the following on the coversheet:

This fax is intended only for the use of the person or office to which it is addressed and may contain information that is privileged, confidential, or protected by law. All others are hereby notified that the receipt of this fax does not waive any applicable privilege or exemption for disclosure and that any dissemination, distribution, or copying of this communication is prohibited. If you have received this fax in error, please notify this office immediately at the telephone number listed above.

6. Contract Modifications: The Contractor is advised that only the Contracting Officer (CO) acting within the scope of the contract and his/her duties and responsibilities and after advice and consultation with the Contracting Officer’s Representative (COR), has the authority to make changes that will affect the contract prices, quantity, quality, delivery terms and conditions, or the term of the contract. In no event shall any understanding or agreement, modification change order, or other matters in deviation from the terms of this contract between the Contractor and a person other than the Contracting Officer be effective or binding upon the Government. All such actions must be formalized by the proper contractual document executed by the Contracting Officer

7. Questions: All questions regarding this solicitation shall be submitted by email to the Administrative Contracting Officer at Sally.Leitch@va.gov. Questions must be received no later than 10 business days before the closing date listed in block 8 of page 1. If warranted, responses to questions will be incorporated into a written amendment posted to E-buy.

8. Proposal Delivery: Offers shall be submitted via email only. Proposals shall be submitted to Sally L. Leitch at Sally.Leitch@va.gov following the format outlined in Section E, Instructions to Offerors.

a. There is a 10MB size cap on emails.

b. Faxed offers will not be accepted.

c. Mailed offers will not be accepted

9. System for Award Management (SAM): Offeror must be registered in the System for Award Management (SAM). SAM includes the functionality of the previous Central Contractor Registration (CCR) and Online Representations and Certifications Applications (ORCA). No contract will be entered into with an unregistered contractor. Internet access allows registration by completing an electronic online registration application at http://www.sam.gov/.

10. Solicitation/Contract: This solicitation and resulting contract will adhere to the formant defined in Federal Acquisition Regulation (FAR) 12.303 for the acquisition of commercial items. The contracting authority for this procurement is FAR parts 12 and 15. An official copy of the FAR can be obtained at https://www.acquisition.gov/far/.

11. Contract Performance: Offeror should thoroughly review the specifications and become familiar with areas of coverage prior to submitting a proposal. Failure to understand the contract requirements shall not relieve the successful Offeror from performing in accordance within the strict meaning and intent of the specifications. Pricing shall include all facility, management, professionals, technical and labor necessary to perform specifications as outlined herein. The Government will not reimburse any costs not incorporated into the Offeror price.

12. Post Award Orientation (Awards over $1 Million): The Contracting Officer will schedule a post award orientation conference for contract orientation purposes as required by IL 003A3-12-04, which is available at http://www.va.gov/oal/docs/library/ils/il12-04.pdf.

13. Acknowledgment of Amendments: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

Amendment NumberDate
____________________________
____________________________
____________________________
____________________________

B.2 SPECIAL CONTRACT REQUIREMENTS

1. Contract Coordinator: The Contractor shall identify in writing to the Contracting Officer (CO) their contact person(s) who shall serve as liaisons between the Contractor and VA and who shall ensure that services are performed in accordance with the contract specifications. The Contractor’s contact person(s) shall be available during VA regular administrative work hours, exclusive of national holidays.

Name: ___________________________________________________ Title: ___________________________________________________ Phone: ___________________________________________________ Email: ___________________________________________________

2. Authorized Negotiators: The offeror represents that the following persons are authorized to negotiate on its behalf with the Government in connection with this Request for Proposals (RFP):

Name: ___________________________________________________ Title: ___________________________________________________ Phone: ___________________________________________________ Email: ___________________________________________________

B.3 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011)

This solicitation includes VAAR 852.219-10 VA Notice of Total Service- Disabled Veteran-Owned Small Business Set-Aside. Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by VA to assist in assessing the contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to contractor's offices where the contractor's business records or other proprietary data are retained and to review such business records regarding the contractor's compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

36C24218R0255

B.4 SCHEDULE OF SERVICES

The Contractor shall furnish all personnel to provide services necessary to perform onsite Emergency Department Physician Services to eligible beneficiaries of the Department of Veterans Affairs Medical Center, Samuel S. Stratton VA Medical Center (hereinafter referred to as VAMC).

The VAMC Emergency Services are accredited by The Joint Commission (TJC) and follow the standards & guidelines set forth by American College of Emergency Physicians (ACEP). A contractor providing onsite emergency department physician services shall provide services that meet or exceed the ACEP Guidelines http://www.ACEP.org/

Place of Performance: Services shall be provided on site, Samuel S. Stratton VA Medical Center located at 113 Holland Ave, Albany, NY 12208

Period of Performance: One (1) year base period with 4 one (1) year options to extend services thereafter.

Pricing Instructions:

The offeror is instructed to edit the number of sub-clins to correspond with the number of key personnel submitted for the contract line item number (CLIN). Affiliate Offerors shall include the “title” of the personnel submitted. Other commercial health care Offerors shall identify by title/position or level of experience the key personnel submitted. Also, renumber SUB-CLINs if adding or removing Key Personnel.

The offeror is instructed to fill out the price schedule in its entirety. If there will be CLINs not used, N/A shall be entered.

The offeror is instructed to include all other than price and cost information supporting the proposed price as directed in Instructions to Offerors addendum to 52.212-1 and/or Section D- Contract Documents, Exhibits, or attachments.

The Contractor shall propose a minimum of 4 to 8 key personnel to be credentialed and be available for scheduling to meet the requirements of the contract. The contractor shall be required to provide as a minimum, enough appropriately qualified physicians to be credentialed and privileged that meet or exceed twice the number of FTEE required to fulfill this contracts obligations.

One FTE is defined by VA as a minimum of 80 hours every two weeks and does not include holidays.

Offeror shall only present hours and pricing for providers actually being presented for evaluation.

Offeror shall not exceed 4160 hours annually.

FAR 52.217-8 Option to Extend Services, allows additional services for a period up to six months only if the award of a follow-on contract is delayed due to circumstances beyond the control of the Contracting Officer.

· Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement utilizing the pricing agreed upon in the last option period.

· The specified rates under this clause will be those rates in effect under the contract each time an option is exercised under this clause

Period of Performance:

BASE YEAR: July 1, 2018 to June 30, 2019

CLIN No.
SUB-CLIN
Description
Qty.
Unit
Unit Cost
Total

Annual Cost

0001
None
Provide at minimum 4 to 8 Board Certified (BC)/Board Eligible (BE) Emergency Medicine, Internal Medicine or Family Medicine contract physicians to provide services for the Samuel S. Stratton VA Medical Center in the Emergency Department.
4160
Hours

KEY PERSONNEL

0001a
Emergency Department Physician Services

NAME:____________

TITLE/LEVEL OF EXPERIENCE:____________

Hours
$______/hr
$______
0001b
Emergency Department Physician Services
Hours
$______/hr
$______
0001c
Emergency Department Physician Services
Hours
$______/hr
$______
0001d
Emergency Department Physician Services
Hours
$______/hr
$______
0001e
Emergency Department Physician Services
Hours
$______/hr
$______
0001f
Emergency Department Physician Services
Hours
$______/hr
$______
0001g
Emergency Department Physician Services
Hours
$______/hr
$______
0001h
Emergency Department Physician Services
Hours
$______/hr
$______

TOTAL FOR BASE

Hours

OPTION YEAR 1: July 1, 2019 to June 30, 2020

CLIN No.
SUB-CLIN
Description
Qty.
Unit
Unit Cost
Total

Annual Cost

1001
None
Provide at minimum 4 to 8 Board Certified (BC)/Board Eligible (BE) Emergency Medicine, Internal Medicine or Family Medicine contract physicians to provide services for the Samuel S. Stratton VA Medical Center in the Emergency Department.
4160
Hours
1001a
Emergency Department Physician Services
Hours
$______/hr
$______
1001b
Emergency Department Physician Services
Hours
$______/hr
$______
1001c
Emergency Department Physician Services
Hours
$______/hr
$______
1001d
Emergency Department Physician Services
Hours
$______/hr
$______
1001e
Emergency Department Physician Services
Hours
$______/hr
$______
1001f
Emergency Department Physician Services
Hours
$______/hr
$______
1001g
Emergency Department Physician Services
Hours
$______/hr
$______
1001h
Emergency Department Physician Services
Hours
$______/hr
$______

TOTAL FOR Option Year 1

OPTION YEAR 2: July 1, 2020 to June 30, 2021

CLIN No.
SUB-CLIN
Description
Qty.
Unit
Unit Cost
Total

Annual Cost

2001
None
Provide at minimum 4 to 8 Board Certified (BC)/Board Eligible (BE) Emergency Medicine, Internal Medicine or Family Medicine contract physicians to provide services for the Samuel S. Stratton VA Medical Center in the Emergency Department.
4160
Hours
2001a
Emergency Department Physician Services
Hours
$______/hr
$______
2001b
Emergency Department Physician Services
Hours
$______/hr
$______
2001c
Emergency Department Physician Services
Hours
$______/hr
$______
2001d
Emergency Department Physician Services
Hours
$______/hr
$______
2001e
Emergency Department Physician Services
Hours
$______/hr
$______
2001f
Emergency Department Physician Services
Hours
$______/hr
$______
2001g
Emergency Department Physician Services
Hours
$______/hr
$______
2001h
Emergency Department Physician Services
Hours
$______/hr
$______

TOTAL FOR Option Year 2

OPTION YEAR 3: July 1, 2021 to June 30, 2022

CLIN No.
SUB-CLIN
Description
Qty.
Unit
Unit Cost
Total

Annual Cost

3001
None
Provide at minimum 4 to 8 Board Certified (BC)/Board Eligible (BE) Emergency Medicine, Internal Medicine or Family Medicine contract physicians to provide services for the Samuel S. Stratton VA Medical Center in the Emergency Department.
4160
Hours
3001a
Emergency Department Physician Services
Hours
$______/hr
$______
3001b
Emergency Department Physician Services
Hours
$______/hr
$______
3001c
Emergency Department Physician Services
Hours
$______/hr
$______
3001d
Emergency Department Physician Services
Hours
$______/hr
$______
3001e
Emergency Department Physician Services
Hours
$______/hr
$______
3001f
Emergency Department Physician Services
Hours
$______/hr
$______
3001g
Emergency Department Physician Services
Hours
$______/hr
$______
3001h
Emergency Department Physician Services
Hours
$______/hr
$______

TOTAL FOR Option Year 3

OPTION YEAR 4: July 1, 2022 to June 30, 2023

CLIN No.
SUB-CLIN
Description
Qty.
Unit
Unit Cost
Total

Annual Cost

4001
None
Provide at minimum 4 to 8 Board Certified (BC)/Board Eligible (BE) Emergency Medicine, Internal Medicine or Family Medicine contract physicians to provide services for the Samuel S. Stratton VA Medical Center in the Emergency Department.
4160
Hours
4001a
Emergency Department Physician Services
Hours
$______/hr
$______
4001b
Emergency Department Physician Services
Hours
$______/hr
$______
4001c
Emergency Department Physician Services
Hours
$______/hr
$______
4001d
Emergency Department Physician Services
Hours
$______/hr
$______
4001e
Emergency Department Physician Services
Hours
$______/hr
$______
4001f
Emergency Department Physician Services
Hours
$______/hr
$______
4001g
Emergency Department Physician Services
Hours
$______/hr
$______
4001h
Emergency Department Physician Services
Hours
$______/hr
$______

TOTAL FOR Option Year 4

Base Year

Option Year 1

Option Year 2

Option Year 3

Option Year 4

Total Contract

36C24218R0255

B.5 PERFORMANCE WORK STATEMENT – ONSITE EMERGENCY MEDICINE PHYSICIAN SERVICES

1. GENERAL:

1.1. Services Provided: The Contractor shall provide Board Certified (BC)/Board Eligible (BE) Emergency Department Physician Services on site in accordance with the specifications contained herein to beneficiaries of the Department of Veterans Affairs (VA) and the Samuel S. Stratton VA Medical Center. A contractor providing onsite Level III with no designation for trauma emergency department physician services that meet or exceed the American College of Emergency Physician Guidelines http://www.ACEP.org/

1.2. Place of Performance: Contractor shall furnish services at the Samuel S. Stratton VA Medical Center, 113 Holland Ave, Albany, NY 12208.

1.3. Authority: Title 38 USC 8153, Health Care Resources (HCR) Sharing Authority.

1.4. Policy/Handbooks: the contractor shall be subject to the following policies, including any subsequent updates during the period of performance:

1.4.1. VA Directive 1663: Health Care Resources Contracting - Buying http://www1.va.gov/vapubs/viewPublication.asp?Pub_ID=347

1.4.2. VHA Directive 2006-041 “Veterans’ Health Care Service Standards” (expired but still in effect pending revision) https://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=1443

1.4.3. VHA Handbook 1100.17: National Practitioner Data Bank Reports - http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=2135

1.4.4. VHA Handbook 1100.18 Reporting And Responding To State Licensing Boards - http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=1364

1.4.5. VHA Handbook 1100.19 Credentialing and Privileging - http://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=2910

1.4.6. VHA Handbook 1907.01 Health Information Management and Health Records: http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=2791

1.4.7. Privacy Act of 1974 (5 U.S.C. 552a) as amended http://www.justice.gov/oip/foia_updates/Vol_XVII_4/page2.htm

1.4.8. VHA Directive 2010-018 Facility Infrastructure Requirements to Perform Standard, Intermediate, or Complex Surgical Procedures http://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=2227

1.4.9. VHA Directive 1177: Cardiopulmonary Resuscitation, Basic Life Support, and Advanced Cardiac Life Support Training for Staff.

https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=5369

1.5. Definitions/Acronyms: Terms used in this contract shall be interpreted as follows unless the context expressly requires a different construction and/or interpretation. In case of a conflict in language between the Definitions and other sections of this contract, the language in this section shall govern.

1.5.1. ABIM: American Board of Internal Medicine http://www.abim.org/

1.5.2. ACEP: American College of Emergency Physicians

1.5.3. ACGME: Accreditation Council for Graduate Medical Education

1.5.4. ACLS: Advanced Cardiac Life Support

1.5.5. ATLS: Advanced Trauma Life Support

1.5.6. AOD: Admitting Officer of the Day

1.5.7. BLS: Basic Life Support

1.5.8. CCNE: Commission on Collegiate Nursing Education: www.aacn.nche.edu/accreditation

1.5.9. CDC: Centers for Disease Control and Prevention

1.5.10. CR: Contract Discrepancy Report

1.5.11. CEU: Certified Education Unit

1.5.12. CME: Continuing Medical Education

1.5.13. CMS: Centers for Medicare and Medicaid Services

1.5.14. Contracting Officer (CO): The person executing this contract on behalf of the Government with the authority to enter into and administer contracts and make related determinations and findings.

1.5.15. Contracting Officer’s Representative (COR): A person appointed by the CO to take necessary action to ensure the Contractor performs in accordance with and adheres to the specifications contained in the contract and to protect the interest of the Government. The COR shall report to the CO promptly any indication of non-compliance in order that appropriate action can be taken.

1.5.16. COS: Chief of Staff

1.5.17. CPARS: Contractor Performance Assessment Reporting System

1.5.18. CPRS: Computerized Patient Recordkeeping System- electronic health record system used by the VA.

1.5.19. Credentialing: Credentialing is the systematic process of screening and evaluating qualification and other credentials, including licensure, required education, relevant training and experience and current competence and health status.

1.5.20. DEA: Drug Enforcement Agency

1.5.21. ED: Emergency Department

1.5.22. FSMB: Federation of State Medical Boards

1.5.23. HHS: Department of Health and Human Services

1.5.24. HIPAA: Health Insurance Portability and Accountability Act

1.5.25. HR: Human Resources

1.5.26. ISO: Information Security Officer

1.5.27. Medical Emergency: a sudden onset of a medical condition manifesting itself by acute symptoms of sufficient severity that the absence of immediate medical attention could reasonably result in: Permanently placing a patient's health in jeopardy, causing other serious medical consequences, causing impairments to body functions, or causing serious or permanent dysfunction of any body-organ or part.

1.5.28. MOD: Medical Officer of the Day

1.5.29. National Provider Identifier (NPI): NPI is a standard, unique 10-digit numeric identifier required by HIPAA. The Veterans Health Administration must use NPIs in all HIPAA-standard electronic transactions for individual (health care practitioners) and organizational entities (medical centers).

1.5.30. NLNAC: National League for Nursing Accrediting Commission. www.nlnac.org

1.5.31. Non-Contract Provider: any person, organization, agency, or entity that is not directly or indirectly employed by the Contractor or any of its subcontractors

1.5.32. NP: Nurse Practitioner

1.5.33. NPPES: National Plan and Provider Enumeration System

1.5.34. OORAM: Out of Operating Room Airway Management

1.5.35. PA: Physician Assistant

1.5.36. PALS: Pediatric Advanced Life Support

1.5.37. POP: Period of Performance

1.5.38. PPD: Purified Protein Derivative

1.5.39. PWS: Performance Work Statement

1.5.40. Privileging (Clinical Privileging): Privileging is the process by which a practitioner, licensed for 8independent practice; e.g., without supervision, direction, required sponsor, preceptor, mandatory collaboration, etc.; is permitted by law and the facility to practice independently, to provide specific medical or other patient care services within the scope of the individual’s license, based upon the individual’s clinical competence as determined by peer references, professional experience, health status, education, training and licensure. Clinical privileges must be facility-specific and provider-specific.

1.5.41. QA/QI: Quality Assurance/Quality Improvement

1.5.42. QM/PI: Quality Management/Performance Improvement

1.5.43. QASP: Quality Assurance Surveillance Plan

1.5.44. Veterans Health Administration (VHA): The central office for administration of the VA medical centers through throughout the United States. The VHA is located in Washington, D.C.

1.5.45. Veterans Integrated Services Network (VISN): The regional oversight for the VA medical centers.

1.5.46. VISTA (Veterans Integrated Systems Technology Architecture): A PC based system that will capture and store clinical imagery, scanned documents and other non-textual data files and integrates them into patient’s medical record and with the hospital information system.

1.5.47. VetPro: a federal web-based credentialing program for healthcare providers.

1.5.48. Veterans Affairs Medical Center (VAMC): Unless identified with the name of a different VA medical Center, for purposes of this contract, this term shall mean the Samuel S. Stratton VA Medical Center.

2. QUALIFICATIONS:

2.1. Staff/Facility

2.1.1. License: Contractor’s physician(s) assigned by the Contractor to perform VAMC onsite services covered on this contract shall have a current license to practice medicine in any State, Territory, or Commonwealth of the United States or the District of Columbia.

All licenses held by the personnel working on this contract shall be full and unrestricted licenses. Contractor’s physician(s) who have current, full and unrestricted licenses in one or more states, but who have, or ever had, a license restricted, suspended, revoked, voluntarily revoked, voluntarily surrendered pending action or denied upon application will not be considered for the purposes of this contract.

2.1.1.1. Contractor shall provide actual current and valid copy of “All” contract physicians license(s)

2.1.2. Board Certification: All contractor physician(s) shall be BC/BE in Emergency Medicine (strongly preferred), Internal Medicine, or Family Practice, and be currently certified in Basic Life Support (BLS) Advanced Cardiac Life Support (ACLS) that are issued by the American Heart Association (AHA).

2.1.2.1. Board Certified Emergency Medicine is strongly preferred.

2.1.2.1.1. Copy of actual current Board Certification to include certificate number and verifiable expiration date shall be provided.

2.1.2.2. Board Eligibility

2.1.2.2.1. Letter from American Board of Emergency Medicine, Internal Medicine or Family Medicine the letter shall state the date of eligibility and state the expiration date.

2.1.2.2.2. Copies of all successful completion certificates from a US accredited Emergency Medicine, Internal Medicine or Family medicine residency.

2.1.2.3. In order to accept Internal Medicine or Family medicine, the proposed provider shall have significant and verifiable experience in a working Emergency Department.

2.1.2.4. Copy of contract physician’s medical degree shall be provided.

2.1.2.5. All continuing education courses required for maintaining certification must be kept up to date at all times.

2.1.2.6. Documentation verifying current certification shall be provided by the Contractor to the VA Contracting Officer Representative (COR) on an annual basis for each year of contract performance.

2.1.2.7. All contract physicians performing on this contract shall keep current the level of certification at time of award.

2.1.3. Credentialing and Privileging: Credentialing and privileging is to be done in accordance with the provisions of VHA Handbook 1100.19 referenced above. The Contractor is responsible to ensure that proposed physician(s) possesses the requisite credentials enabling the granting of privileges. No services shall be provided by any contractor’s physician(s) prior to obtaining approval by the Samuel S. Stratton VA Medical Center Professional Standards Board, Medical Executive Board and Medical Center Director.

2.1.3.1. If a contractor’s physician(s) is not credentialed and privileged or has credentials/privileges suspended or revoked, the Contractor shall furnish an acceptable substitute without any additional cost to the government.

2.1.3.2. The contract physicians shall not begin work until final approval is obtained from the Contracting Officer.

2.1.3.3. All contract physicians will be required to perform Moderate Sedation as a secondary credentialing requirement in order to provide services in the Emergency Department.

2.1.3.4. All contract physicians will be required to provide Out of OR Airway Management (OORAM) Certification by one of the following methods:

2.1.3.4.1. Provide documentation of outside intubations (airway management) via a VA document signed and affirmed by outside Chief; and Talent Management System (TMS) course and skill check.

2.1.3.4.2. If they cannot provide the documentation in 2.1.3.4.1.; The contractor, if awarded, and in order to obtain credentialing and privileging clearance shall at the cost of the contractor send the contract physician to the OR at the Samuel S. Stratton VA Medical center to perform several under the supervision of Anesthesia, and complete the TMS training and skill check.

2.1.4. Technical Proficiency: Contractor physician(s) shall be technically proficient in the skills necessary to fulfill the government’s requirements, including the ability to speak, understand, read and write English fluently. Contractor shall provide documents upon request of the CO/COR to verify current and ongoing competency, skills, certification and/or licensure related to the provision of care, treatment and/or services performed. Contractor shall provide verifiable evidence of all educational and training experiences including any gaps in educational history for all contractor physician(s); and contractor physician(s) shall be responsible for abiding by the Facility's Medical Staff By-Laws, rules, and regulations (referenced herein) that govern medical staff behavior.

2.1.4.1. Significant Experience, as well as knowledge of current procedures and protocols in an Emergency Department setting is required.

2.1.4.2. It is the responsibility of the contractor and contract physicians to ensure that all certifications and licenses are kept valid and current.

2.1.5. Continuing Medical Education (CME)/ Certified Education Unit (CEU) Requirements: Contractor shall provide the COR copies of current CMEs as required or requested by the VAMC. Contractor physician(s) registered or certified by national/medical associations shall continue to meet the minimum standards for CME to remain current. Contractor shall report CME hours to the credentials office for tracking. These documents are required for both privileging and re-privileging. Failure to provide shall result in loss of privileges for contract physician(s).

2.1.6. Training (ACLS, BLS, CPRS and VA MANDATORY): Contractor shall meet all VA educational requirements and mandatory course requirements defined herein; all training must be completed by the contractor’s physician(s) as required by the VA.

2.1.6.1. All employees who will be working on this contract and require access to VA information systems are required to complete the following training before being granted access to any VA information and its systems:

Training
Frequency
Annual Hours
Active Threat Training
Once
Then as needed
Government Ethics
Annual
1.0
Prevention of Workplace Harassment/No Fear Act
Annual
.5
VA Core Values Training (ICARE Recommitment)
Annual
.5
VA Privacy and Information Security Awareness and Rules of Behavior
Annual
.5
Privacy and HIPAA Training
Annual
.5
ACLS/BLS
Every 2 Years
Available at the VA Medical Center
Prevention/Management of Disruptive Behavior/Violence Prevention
Annual
.5
Suicide Prevention: Suicide Risk Management Training for Clinicians
Annual
.5
CPRS
Once
1.5
VA16087 Out of Operating Room Airway Management Provider Didactic
Every 2 Years
Available at the VA Medical Center

2.1.6.2. These trainings are offered through the VA Talent Management System (TMS). Each contract physician will be required to self-enroll for a profile on the VA TMS system.

2.1.6.3. Upon submission of the proposal, the contract shall provide the contract physicians actual current and valid, front and back copies issued by the American Heart Association BLS and ACLS certificates.

2.1.6.3.1. Note: In Accordance with the American Heart Association “Will Not” be accepted.

2.1.6.4. Self-enroll in TMS you must follow the instructions below:

2.1.6.4.1.1. Go to https://www.tms.va.gov

2.1.6.4.1.2. From the log-in page, in the brown navigation bar click the Create New User link

2.1.6.4.1.3. In the VA TMS Self Enrollment page, select the appropriate division: VHA

2.1.6.4.1.4. Click Next

2.1.6.4.1.5. Click the appropriate description of what you will be

2.1.6.4.1.6. Click Next

2.1.6.4.1.7. In My Account Information section fill out all the required information

2.1.6.4.1.8. If there is a security pop-up click allow

2.1.6.4.1.9. In the email pop up add any additional information and click send

2.1.6.4.1.10. In My Job information fill in all the required information

2.1.6.4.1.11. VA Location of Albany: ALB

2.1.6.4.1.12. VA Point of Contact: Sandel

2.1.6.4.1.13. VA POC email: Kevin.Sandel@va.gov

2.1.6.4.1.14. VA POC phone: 518-626-6561

2.1.6.4.1.15. Contract Length: base + 4 years

2.1.6.4.1.16. Contract #: TBD

2.1.6.4.1.17. Preferred Accreditation

2.1.6.4.1.18. Contractor Name

2.1.6.4.1.19. Project Manager: Kevin Sandel

2.1.6.4.1.20. Click submit

2.1.6.4.1.21. From the Congratulations page, note and write down the TMS User ID.

2.1.6.4.1.22. Click Continue

2.1.6.4.1.23. Complete Course and provide a copy of the Certificate to both the COR and CO.

2.1.6.5. The contractor shall provide to the Contracting Officer and the COR a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee within 1 week of the initiation of the task order and annually thereafter, as required.

2.1.6.6. Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the task order until such time as the training and documents are complete.

2.1.7. Standard Personnel Testing (PPD, etc.): Contractor shall provide proof of the following tests for physicians within five (5) calendar days after contract award and prior to the first duty shift to the COR and Contracting Officer. Tests shall be current within the past year. All the below tests are applicable to all healthcare workers.

2.1.7.1. TUBERCULOSIS TESTING: Contractor shall provide proof of a negative reaction to PPD testing for all contractor physician(s). A negative chest radiographic report for active tuberculosis shall be provided in cases of positive PPD results. The PPD test shall be repeated annually.

2.1.7.2. MEASLES, MUMPS, & RUBELLA TESTING: Contractor shall provide proof of immunization for all contractor physician(s) for measles, mumps, rubella or a rubella titer of 1.8 or greater. If the titer is less than 1.8, a rubella immunization shall be administered with follow-up documentation to the COR.

2.1.7.3. VARICELLA: Contractors shall provide proof of immunity for all Contractor physicians.

2.1.7.4. INFLUENZA: Contractors shall provide proof that all Contractor physicians have received the annual Influenza vaccine unless it is contraindicated. If the Contractor physician has a medical contraindication to the vaccine they shall be required to wear a mask during the Influenza season.

2.1.7.5. ACELLULAR PERTUSSIS: Contractors shall provide proof of 1 dose of Tdap vaccination for all Contractor physicians.

2.1.7.6. OSHA REGULATION CONCERNING OCCUPATIONAL EXPOSURE TO BLOODBORNE PATHOGENS: Contractor shall provide generic self-study training for all contractors’ physician(s); provide their own Hepatitis B vaccination series at no cost to the VA if they elect to receive it; maintain an exposure determination and control plan; maintain required records; and ensure that proper follow-up evaluation is provided following an exposure incident.

2.1.7.7. The Samuel S Stratton VAMC shall notify the Contractor of any significant communicable disease exposures as appropriate. Contractor shall adhere to current CDC/HICPAC Guideline for Infection Control in health care personnel (as published in American Journal for Infection Control-AJIC 1998; 26:289-354 http://www.cdc.gov/hicpac/pdf/InfectControl98.pdf ) for disease control. Contractor shall provide follow up documentation of clearance to return to the workplace prior to their return.

2.1.8. National Provider Identifier (NPI): NPI is a standard, unique 10-digit numeric identifier required by HIPAA. The Veterans Health Administration must use NPIs in all HIPAA-standard electronic transactions for individual (health care practitioners) and organizational entities (medical centers). The Contractor shall have or obtain appropriate NPI and if pertinent the Taxonomy Code confirmation notice issued by the Centers for Medicare and Medicaid Services (CMS) National Plan and Provider Enumeration System (NPPES) be provided to the Contracting Officer with the proposal.

2.1.8.1. Contractor shall provide a copy of the report from https://npiregistry.cms.hhs.gov/

2.1.9. DEA: Contractor shall provide copy of actual current and valid DEA certificate.

2.1.10. Conflict of Interest: The Contractor and all contractors’ physician(s) are responsible for identifying and communicating to the CO and COR conflicts of interest at the time of proposal and during the entirety of contract performance. At the time of proposal, the Contractor shall provide a statement which describes, in a concise manner, all relevant facts concerning any past, present, or currently planned interest (financial, contractual, organizational, or otherwise) or actual or potential organizational conflicts of interest relating to the services to be provided. The Contractor shall also provide statements containing the same information for any identified consultants or subcontractors who shall provide services. The Contractor must also provide relevant facts that show how it’s organizational and/or management system or other actions would avoid or mitigate any actual or potential organizational conflicts of interest. These statements shall be in response to the VAAR provision 852.209-70 Organizational Conflicts of Interest (Jan 2008) and fully outlined in response to the subject attachment in Section D of the solicitation document.

2.1.10.1. Contractor shall return a copy of the Conflict of Interest document found in Section D upon proposal submission.

2.1.11. Citizenship related Requirements:

2.1.11.1. The Contractor certifies that the Contractor shall comply with any and all legal provisions contained in the Immigration and Nationality Act of 1952, As Amended; its related laws and regulations that are enforced by Homeland Security, Immigration and Customs Enforcement and the U.S Department of Labor as these may relate to non-immigrant foreign nationals working under contract or subcontract for the Contractor while providing services to Department of Veterans Affairs patient referrals;

2.1.11.2. While performing services for the Department of Veterans Affairs, the Contractor shall not knowingly employ, contract or subcontract with an illegal alien; foreign national non-immigrant who is in violation their status, as a result of their failure to maintain or comply with the terms and conditions of their admission into the United States. Additionally, the Contractor is required to comply with all “E-Verify” requirements consistent with “Executive Order 12989” and any related pertinent Amendments, as well as applicable Federal Acquisition Regulations.

2.1.11.3. If the Contractor fails to comply with any requirements outlined in the preceding paragraphs or its Agency regulations, the Department of Veterans Affairs may, at its discretion, require that the foreign national who failed to maintain their legal status in the United States or otherwise failed to comply with the requirements of the laws administered by Homeland Security, Immigration and Customs Enforcement and the U.S Department of Labor, shall be prohibited from working at the Contractor’s place of business that services Department of Veterans Affairs patient referrals; or other place where the Contractor provides services to veterans who have been referred by the Department of Veterans Affairs; and shall form the basis for termination of this contract for breach.

2.1.11.4. This certification concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under 18 U.S.C. 1001.

2.1.11.5. The Contractor agrees to obtain a similar certification from its subcontractors. The certification shall be made as part of the offerors response to the RFP using the subject attachment in Section D of the solicitation document.

2.1.11.6. The Contractor shall complete and return a copy of the Certification of Citizenship document found in Section D upon proposal submission.

2.1.12. Annual Office of Inspector General (OIG) Statement: In accordance with HIPAA and the Balanced Budget Act (BBA) of 1977, the Department of Health and Human Services (HHS) Office of Inspector General (OIG) has established a list of parties and entities excluded from Federal health care programs. Specifically, the listed parties and entities may not receive Federal Health Care program payments due to fraud and/or abuse of the Medicare and Medicaid programs.

2.1.12.1. Therefore, Contractor shall review the HHS OIG List of Excluded Individuals/Entities on the HHS OIG web site at http://oig.hhs.gov/exclusions/index.asp to ensure that the proposed contractor’s physician (s) is not listed. Contractor should note that any excluded individual or entity that submits a claim for reimbursement to a Federal health care program, or causes such a claim to be submitted, may be subject to a Civil Monetary Penalty (CMP) for each item or service furnished during a period that the person was excluded and may also be subject to treble damages for the amount claimed for each item or service. CMP’s may also be imposed against the Contractor that employ or enter into contracts with excluded individuals to provide items or services to Federal program beneficiaries.

2.1.12.2. By submitting their proposal, the Contractor certifies that the HHS OIG List of Excluded Individuals/Entities from http://oig.hhs.gov/exclusions/index.asp has been reviewed and a copy provided to show that the contract physicians and contractor are not listed as of the date the offer/bid was signed.

2.2. Clinical/Professional Performance: The qualifications of Contractor personnel are subject to review by VA Medical Center Chief of Staff (COS) or his/her clinical designee and approval by the Medical Center Director as provided in VHA Handbook 1100.19. Clinical/Professional performance monitoring and review of all clinical personnel covered by this contract for quality purposes will be provided by the VAMC COS and/or the Chief of the Service or his designee. A clinical COR may be appointed, however, only the CO is authorized to consider any contract modification request and/or make changes to the contract during the administration of the resultant contract.

2.3. Non Personal Healthcare Services: The parties agree that the Contractor and all contractor physician(s) shall not be considered VA employees for any purpose.

2.4. Indemnification: The Contractor shall be liable for, and shall indemnify and hold harmless the Government against, all actions or claims for loss of or damage to property or the injury or death of persons, arising out of or resulting from the fault, negligence, or act or omission of the Contractor, its agents, or employees.

2.5. Prohibition against Self-Referral: Contractor’s physicians are prohibited from referring VA patients to contractor’s or their own practice(s).

2.6. Inherent Government Functions: Contractor and Contractor physician(s) shall not perform inherently governmental functions. This includes, but is not limited to, determination of agency policy, determination of Federal program priorities for budget requests, direction and control of government employees (outside a clinical context), selection or non-selection of individuals for Federal Government employment including the interviewing of individuals for employment, approval of position descriptions and performance standards for Federal employees, approving any contractual documents, approval of Federal licensing actions and inspections, and/or determination of budget policy, guidance, and strategy.

2.7. No Employee status: The Contractor shall be responsible for protecting Contractor physician(s) furnishing services. To carry out this responsibility, the Contractor shall provide or certify that the following is provided for all their staff providing services under the resultant contract:

2.7.1. Workers’ compensation

2.7.2. Professional liability insurance

2.7.3. Health examinations

2.7.4. Income tax withholding, and

2.7.5. Social security payments.

2.8. Tort Liability: The Federal Tort Claims Act does not…

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