36C24218R0619-002.docx

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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

36C24218R0619 08- -2019 Lisa Tompkins 315-425-4846 09- -2019

3:00 PM EST

Department of Veterans Affairs Network Contracting Office 02 1304 Buckley Road Suite 101 Syracuse NY 13212 X 339113 750 Employees N/A X Department of Veterans Affairs Syracuse VA Medical Center 800 Irving Avenue Syracuse NY 13210-2716 Department of Veterans Affairs Network Contracting Office 02 1304 Buckley Road Suite 101 Syracuse NY 13212

Tungsten Network http://www.tungsten-network.com/us/en /veterans-affairs

See CONTINUATION Page Contractor to provide artificial limbs, orthotic appliances and pedorthic appliances to Veterans in VISN 2 as described herein.

See CONTINUATION Page X X Allan M. Preston Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA (Continuation from Standard Form 1449, Block 18A)

1. CONTRACT ADMINSTRATION: All contract administration matters will be handled by:

a. CONTRACTOR:

Name: ____________________________________________________

Address: __________________________________________________

City/State/Zip Code: _________________________________________

TAX ID Number _______________________________________________________

DUNS Number_________________________________________________________

Point of Contact/Title ___________________________________________________

Email: _______ ________________________________________________________

Telephone Number_____________________________________________________

Fax Number__________________________________________________________

b. Government:

Lisa Tompkins, Administrative Contracting Officer Dept. of Veterans Affairs 1304 Buckley Road, Suite 101 Syracuse, NY 13212 Phone: 315-425-4846

FAX: 315-425-4883

Lisa.Tompkins@va.gov

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made via purchase card. in accordance with 52.232-33, Payment by Electronic Funds Transfer – Central Contractor Registration (OCT 2003)

3. INVOICES: See B.4 “Statement of work” paragraph 9.0 “Government Invoice Address”.

4. GOVERNMENT INVOICE ADDRESS: See B.4 “Statement of work” paragraph 10.0 “Billing”.

5. ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

6. TECHNICAL INQUIRIES: Technical inquiries shall be made in writing via email to Lisa Tompkins, Contract Specialist lisa.tompkins@va.gov Inquires must be received a minimum of 10 business days before the closing date listed in block 8 of Standard Form 1449. If warranted, responses to inquiries will be incorporated into a written amendment posted to the Federal Business Opportunities website at http://www.fbo.gov

7. SOLICITATION/CONTRACT:

This solicitation and resulting contract adheres to the format defined in FAR 12.303 for the acquisition of commercial items. This procurement is being conducted according to a combination of Parts 12 and 15 of the FAR. The text of the FAR is available at http://www.arnet.gov/far/.

8. CONTRACT PERFORMANCE:

Contractor shall be required to begin providing services under this contract December 1, 2019 or date of award whichever is later.

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.

11. ATTENTION LARGE BUSINESSES:

A subcontracting plan is required in accordance with Federal Acquisition Regulation 52.219-8 and 52.219-9 and Department of Veterans Affairs Acquisition Regulation 852.219-9. Any proposed subcontracting plans must be submitted with initial offers. If during performance the subcontractor becomes ineligible to provide services, the Contractor must notify the VA immediately.

The subcontracting goals are as follows: Small Business-17.5%; Small Disadvantaged Business -5%; Veteran-Owned Small Business-5%; Women-Owned Small Business-5%; Service-Disabled Veteran-Owned Small Business-3%; and HUBZone Small Business-3%.

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

This solicitation includes FAR 52.219-4 Notice of Price Evaluation Preference for HubZone Small Business Concerns. 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.

(End of Clause)

13. SUBCONTRACTING COMMITMENTS--MONITORING AND COMPLIANCE (JUN 2011)

This solicitation includes VAAR 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, and VAAR 852.215-71, Evaluation Factor Commitments. Accordingly, any contract resulting from this solicitation will include these clauses. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) to assist in assessing contractor compliance with the subcontracting commitments incorporated into the contract. To that end, the support contractor(s) may require access to the contractor's business records or other proprietary data to review such business records regarding contract 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 compliance with the subcontracting commitments.

(End of Clause)

14. SUBCONTRACTING PLAN--MONITORING AND COMPLIANCE (JUN 2011)

This solicitation includes FAR 52.219-9, Small Business Subcontracting Plan, and VAAR 852.219-9, VA Small Business Subcontracting Plan Minimum Requirement. Accordingly, any contract resulting from this solicitation will include these clauses. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) to assist in assessing the contractor's compliance with the plan, including reviewing the contractor's accomplishments in achieving the subcontracting goals in the plan. To that end, the support contractor(s) may require access to the contractor's business records or other proprietary data 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 compliance with the subcontracting plan.

(End of Clause)

15. POST AWARD ORIENTATION (Awards over $1M):

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.

B.2 SPECIAL CONTRACT REQUIREMENTS

1. CONTRACT COORDINATOR: The Contractor shall identify in writing to the 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 ____________________________________________________

Phone Number ____________________________________________________

Email ____________________________________________________

1. 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:

Name/Title ____________________________________________________

Telephone Number ____________________________________________________

Email Address ____________________________________________________

Name/Title ____________________________________________________

Telephone Number ____________________________________________________

Email Address ____________________________________________________

2. STATUS AS INDEPENDENT ENTITIES: None of the provisions of this contract are intended to create or shall be deemed or construed to create any relationship between VA and the Contractor other than that of independent entities contracting with each other solely for the purpose of effecting the provisions of this contract. Neither VA nor the Contractor, nor any of their respective agents, employees or representatives, shall be construed to be the agent employee or representative of the other.

3. NON-SOLICITATION: Neither the Contractor nor any employee, agent or subcontractor of the Contractor shall solicit or attempt to convince or otherwise persuade any veteran not to participate or to discontinue participation in the services provided under this contract.

4. NON-EXCLUSIVE CONTRACT: This contract is non-exclusive and shall not prohibit VA or the Contractor from entering into agreements with other health care providers or purchasers of health care services.

36C24218R0619

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B.3 SUPPLIES OR SERVICES AND PRICES/COSTS

1.0. Multiple Awards

1.1. The Government intends to award multiple Indefinite Delivery Indefinite Quantity (IDIQ) firm fixed price contract(s) for each facility identified below and their catchment area pursuant to this solicitation for commercial items. Any VA facility within VISN 2 may order from contracts(s) awarded under this solicitation. The contract shall be for one (1) base period and four (4) one-year option periods to be exercised at the discretion of the Government. The Contracting Officer shall determine the individual proposals evaluated to be most advantageous to the Government based on an integrated assessment of each offeror’s proposal. VA reserves the right to limit the number of awarded provided in each region.

The total minimum guaranteed amount for supplies and services that will be acquired under the resulting contract(s) is $500.00 per contract for artificial limbs and $250.00 for Orthotic or pedorthic appliances. This minimum is applicable to the total ordered throughout the life of the contract(s) and is a onetime guarantee. The total maximum order for supplies or services that will be acquired under this contract is $7,000,000.00 for Artificial limbs and orthotic or pedorthic appliances.

1.2. Participating VA Facilities and Contract Service Areas

Items and services are to be provided to the following participating VA facilities located in Veterans Integrated Service Network (VISN) 2. Any participating VA facilities may issue a task or delivery order from the contract(s) awarded under this solicitation.

Albany: Stratton VA Medical Center, 113 Holland Avenue, Albany NY 12208

· Bath: Bath VA Medical Center, 76 Veterans Avenue, Bath, NY 14810

· Canandaigua

· Canandaigua VA medical Center, 400 Fort Hill Avenue, Canandaigua, NY 14424 Rochester outpatient Clinic, 465 Westfall Road, Rochester, NY 14620 Syracuse: Syracuse VA Medical Center, 800 Irving Avenue, Syracuse, NY 13210 Western NY Health Care System Buffalo VA Medical Center, 3495 Bailey Avenue, Buffalo, NY 14215 Batavia, 222 Richmond Avenue, Batavia, NY 14020 Bronx: James J. Peters VA Medical Center, 130 West Kingsbridge Road, Bronx, NY 10468 Northport: Northport VA Medical Center, 79 Middleville Road, Northport, NY 11768 New Jersey Health Care System East Orange Campus - 385 Tremont Avenue, East Orange, NJ 07018 Lyons campus - 151 Knollcroft Road, Lyons, NJ 07939 James J. Howard Veteran’s Outpatient Clinic, 970 route 70, Bricktown, NJ 08724 Hudson Valley Health Care System Castle Point Campus - 41 Castle point Road, Wappingers Falls, NY 12590 Montrose Campus - 2094 Albany Post Road, Montrose, NY 10548 NY Harbor Health Care System Brooklyn Campus - 800 Poly Place, Brooklyn, NY 11209 Manhattan Campus - 423 E. 23 street, New York, NY 10010 St Albans Community Living Center, 170-00 Linden Blvd, Jamaica, NY 11425

The Government intends to provide prosthetic limb coverage to Veteran for the following counties through this solicitation.

1.3. In fiscal year 2018, the VA Medical Centers (VAMCs) listed as participating VA facilities in this solicitation, on a combined basis, have requested an average number of 303 new prosthetic legs, and an average number of 11 new prosthetic arms. During the same time period, these VAMCs recorded an average number of 594 incidences of repair to prosthetic legs, and an average number of 24 incidences of repair to prosthetic arms. The following is the breakdown by the participating VA facilities:

2.0. Pricing Schedule

2.1. Centers for Medicare and Medicaid Services Healthcare Common Procedure Coding System L-Codes

For fabrication and repair of artificial limbs, orthotic appliances (orthotics is concerned with the design and fitting of supportive braces and splints to patients who, because of muscle weakness or deformity, have disabling conditions of the limbs or spine) and Pedorthic services (including but not limited to: fitting and provision of off the shelf shoes, shoe inserts, compression stockings, etc.), the prices proposed shall not exceed the established Centers for Medicare and Medicaid Services (CMS) Healthcare Common Procedure Coding System (HCPCS) Durable Medical Equipment Prosthetics, Orthotics, and Supplies (DMEPOS) L-Code fee schedules applicable to the geographic area subject to this solicitation and at the time of performance. It should be noted that repair rates for 15-minute increments are now part of the L-Code pricing baseline.

Please apply the best percentage discount that you offer against the L-Code fee schedule baseline. Offerors are to propose a discount on all L-Codes applicable to this solicitation such as prosthetic limbs, prosthetic limb devices/components and labor rates for repairs and devices.

Service Area: Please indicate the service area (use multiple sheets if selecting multiple locations unless the pricing will be the same for all locations):

BASE YEAR – DECEMBER 1, 2019 – NOVEMBER 30, 2020

OPTION YEAR I – DECEMBER 1, 2020 – NOVEMBER 30, 2021

OPTION YEAR II – DECEMBER 1, 2021 – NOVEMBER 30, 2022

OPTION YEAR III – DECEMBER 1, 2022 – NOVEMBER 30, 2023

OPTION YEAR IV – DECEMBER 1, 2023 – NOVEMBER 30, 2024

* It should be noted that L-Code pricing is subject to economic price adjustments and are generally modified on an annual basis and released in December for the following year. The L-Code pricing at the time when the authorization for an item or service was issued shall be used to invoice the Government.

The L-Code pricing shall be referenced as published by CMS HCPCS which can be found at: http://www.cms.gov/Medicare/Medicare-Fee-for-Service-Payment/DMEPOSFeeSched/index.html .

2.2. Not Otherwise Classified or Specified L-Codes

A Not Otherwise Classified or Specified (NOC) device is a prosthetic limb device/component that has not been assigned a CMS HCPCS code or received a HCPCS determination and is mass manufactured and commercially available through manufacturers (e.g., prosthetic knee units, prosthetic feet, liner technologies, prosthetic terminal devices, etc.) in which an invoice showing purchase from the manufacturer is available.

The CMS HCPCS contains two Not Otherwise Classified or Specified (NOC) L-Codes for prosthetic limbs, L5999 and L7499. VA recognizes only these NOC L-Codes for use with lower and upper extremity prosthetic limbs and modification of the NOC L-Code language is not permissible:

· L5999 – Lower extremity prosthesis, not otherwise specified

· L7499 – Upper extremity prosthesis, not otherwise specified

NON L-CODE ITEMS: When deemed medically appropriate by the VA Clinical Team, Non L-code items, or items for which there is not yet an established L-code shall be reimbursed at the lower of:

1. Your usual and customary fee

1. The sliding scale below

1. National Guidelines as periodically established by VA Central Office

Sliding scale for orthotic, prosthetic, and Pedorthic non-HCPC items (and L-coded items with no current fee attached).

When deemed medically appropriate by the VA Clinical Team, orthotic and prosthetic non-HCPC components will be paid for the invoice (original manufacturer/supplier invoice) cost times the appropriate multiplication factor below. For example, if the multiplication factor is identified as 2.5 for an item costing $50, the VA will reimburse the contractor $125.00.

Base and Option Year Pricing for Non-L Coded items

CLIN 5000

Invoice cost Multiplication factor of invoice

Less than $100

___________x invoice

$100.01 to $200

$200.01 to $500

$500.01 to $2000

$2,000.01 to $5,000

$5,000.01 to $10,000

$10,000.01 to $20,000

$20,000.01 and above

Contractor will be required to provide copy of manufacturer/supplier original invoice when submitting 1090 worksheets. Shipping costs are not reimbursable.

Failure by a contractor to provide a copy of original manufacturer/supplier invoice in conjunction with 1090 worksheet that includes unlisted procedures (LXX99 codes) creates delays in the VA approval process, delays in the procurement of items for Veterans and delays in payment.

Repeated failure to provide a copy of original manufacturer/supplier invoice may be cause for temporary or permanent exclusion and/or termination of contract -- as determined by VA Contracting Officer.

Emerging technology items that may include several established L-codes and include a feature for which there is not an established L-code, will be reimbursed as determined by the VA Contracting Officer.

Unlisted procedures (LXX99 Codes) should be avoided when appropriate L-code alternatives are available.

NOTE: As new L-codes are established the corresponding new Medicare fee for NY becomes effective immediately. For previously paid "un-listed procedures" or "not-otherwise-classified items" there will be no remuneration made for any future fee differences in the event additional L-codes are created and describe and cover items previously paid by VA under B.3.4 a, B.3.4 b and or B.3.4 c.

The following list of HCPC codes contains the base fees to be paid, less your offered discount. This only applies when the modification or device is manufactured by the Contractor in-house and no invoice exists to submit. If the Contractor has purchased the shoe or custom shoe from an outside source and the modification or device is listed on their invoice, with or without an itemized charge, there will be no additional reimbursement for these codes separately.

A5503, A5504, A5505, A5506 - $100 per shoe

A5507 – Not otherwise specified modification – requires vendor price quote

A5508 – Deluxe feature of shoe - $0 - the VA does not pay for deluxe shoe features

A5513 – Due to the expectation by the VA that you will be providing a more durable or complex device than is normally required to qualify under this code, the fee paid will be the same as that paid for L3002.

2.3. Ordering Officers (OOs)

Ordering officers (OOs) will be authorized to place orders against this contract. The Contracting Officer (CO) will furnish the Contractor with the names of individuals authorized as OOs, by separate memorandum upon issuance of the contract. When OOs are added after award, the CO will furnish the Contractor with the names of individuals authorized as OOs, by memorandum upon OO appointment. OOs are responsible for issuing and administering orders placed under this contract. OOs have no authority to modify any term of this basic contract. Any deviation from the terms of the basic contract must be approved in writing by the CO responsible for this contract. The Contractor shall accept orders against this contract only from the CO and/or authorized OOs. Fulfilling orders from persons other than the CO or OO may result in loss or delay in payment for supplies/services provided under such orders.

2.4. Expedited Delivery

Expedited delivery terms and conditions, when required, shall be determined by the Contracting Officer Representative or VAMC Authorized Ordering Official/Officer and the Contractor on a case by case basis and stated in the individual task or delivery order. Any additional costs incurred by the Contractor for meeting this requirement shall be negotiated in accordance with 48 U.S.C. 52.212-4, Contract Terms and Conditions – Commercial Items prior to the VA authorization for expedited delivery. The total cost for the expedited delivery shall not exceed 1.5 times the cost of normal delivery for the same or similar item with any applicable discounts.

2.5. Veteran Outcome Utilization Device

VA may prescribe and authorize an automated prosthetic utilization and function monitoring device for data collection and analysis for new lower extremity prosthetic limbs. For any utilization and function monitoring device authorized, VA may request “Veteran Outcome Reports” as described in the Statement of Work for this solicitation. The Contractor shall be paid subject to the following guideline for a utilization and function monitoring device and associated report(s):

a. CMS HCPCS L5999 (lower extremity prosthesis, not otherwise specified – outcome device(s)) code shall be used to reimburse the Contractor for the utilization and function monitoring device.

b. Total reimbursement for the device and outcome report(s) will be reimbursed in accordance with the NOC L-Code item reimbursement guidelines referenced in Section 2.2. The total reimbursement includes the device and outcome report(s). Outcome report(s) requested by VA shall not be reimbursed separately.

c. This is a one-time billable charge for the utilization and function monitoring device and associated outcome report(s) for new prosthetic limbs only.

2.6. Semi-Annual Service

The Contractor shall be reimbursed for the semi-annual service as required by this solicitation utilizing the following L-Code:

· L7520 – Repair prosthetic device, labor component, per 15 minutes (not to exceed 4 units or 60 minutes)

2.7. Repair and Replacement of Minor Parts of Prosthetic Device and Labor The Contractor shall be reimbursed for repair and replacement of minor parts and labor as required by this solicitation utilizing the following L-Codes:

· L7510 – Repair prosthetic device, repair or replace minor parts (not to exceed $500.00)

· L7520 – Repair prosthetic device, labor component, per 15 minutes (not to exceed 8 units or 120 minutes)

2.8. Other than Repair or Replacement of Minor Parts of Prosthetic Device and Labor The Contractor shall be reimbursed for repair and replacement of other than minor parts of prosthetic device and labor as required by this solicitation utilizing the following L-Codes:

· L7510 – Repair prosthetic device, repair or replace minor parts

· L7520 – Repair prosthetic device, labor component, per 15 minutes

The Contractor shall submit a copy of the invoice from the manufacturer to support the cost of repairing a malfunctioning unit. Any salvage value granted by the manufacturer for a non-repairable unit shall be credited to VA against the cost of a replacement unit.

2.9. Salvage

In the event that a Veteran passes away prior to delivery and acceptance of a prosthetic limb, VA shall pay the Contractor for the work performed up to the point of notification of Veteran’s death or the Contractor is notified to stop work. The pricing paid shall be mutually agreed upon and shall not exceed the contract price of the prosthetic limb less the salvage value of the unused prosthetic devices.

2.10. Loaner Unit

The Contractor shall not be reimbursed for loaner units.

2.11. Recall

The Contractor shall not be reimbursed for any fees associated with a device recall, removal, required adjustment, or required modification mandated by the manufacturer, distributor, or any regulatory or government agency.

3.0. Price Quote Reviews

The Contractor understands that all price quotations for items and services will be reviewed by the COR. It is understood that in instances of double coding and unnecessary uses of HCPCS L-Codes, the Contractor will be asked to resubmit price quotation with appropriate HCPCS L-Codes or provide justification for the need for additional L-Codes. VA retains sole discretion to determine appropriate HCPCS L-Codes for prosthetic limb and prosthetic limb devices/components.

B.4 STATEMENT OF WORK

1.0. BACKGROUND

The Department of Veterans Affairs (VA) has an ongoing program to provide artificial limb, orthotic appliances and pedorthic appliances and related services to veterans who are eligible for VA health care services and have medical needs for such items and services. This acquisition will supplement VA in providing comprehensive prosthetic care and support to the veterans in need. It is VA’s intent to solicit proposals and award multiple contracts.

2.0. SCOPE

The solicitation only includes commercial items. Products that are not commercial items are considered experimental and purchase of experimental products shall not be authorized under this solicitation.

2.1. ARTIFICIAL LIMBS:

The Contractor shall fabricate all artificial limbs in strict conformance to the prosthetic prescription that has been provided by the VA Amputee Clinic Team. The VA will provide a list of approved L Codes for work to be provided by the Contractor for the specific prescription. The Contractor shall not add or substitute components or alter the Veteran’s limb prescription in any way without prior approval and written authorization from the VA Amputee Clinic Team, Prosthetic Representative or designee.

WORK DONE PRIOR TO RECEIVING A PURCHASE ORDER WILL NOT BE REIMBURSED. THE ONLY EXCEPTION IS REPAIRS LESS THAN $500.00 PROVIDED UNDER THE PROSTHETIC SERVICE CARD PROGRAM AND PRESENTATED AT THE TIME A REPAIR IS REQUESTED.

2.2. ORTHOTIC APPLIANCES:

The Contractor shall fabricate all orthotic appliances or provide off the shelf orthotics in strict conformance to the Orthotic prescription that has been submitted by the designated VA requesting provider. The Contractor shall not add or substitute components or alter the Veteran’s prescription in any way without prior approval and written authorization from the appropriate VA Clinic Team, Prosthetic Representative or designee.

WORK DONE PRIOR TO RECEIVING A PURCHASE ORDER WILL NOT BE REIMBURSED. THE ONLY EXCEPTION IS REPAIRS LESS THAN $100.00 PROVIDED UNDER THE PROSTHETIC SERVICE CARD PROGRAM AND PRESENTED AT THE TIME A REPAIR IS REQUESTED.

2.3. PEDIORTHIC APPLIANCES:

Includes the provision of any requested pedorthics which may or may not be requested with a prescription for a brace or other orthotic. Pedorthic services treat conditions of the foot, ankle and lower extremity (including but not limited to fitting and provision of off the shelf shoes, shoe inserts, compression stockings, etc.). The Contractor shall fabricate all pedorthic appliances or provide off the shelf pedorthic appliances in strict conformance to the pedorthic prescription that has been submitted by the designated VA requesting provider. The Contractor shall provide all items listed on the 10-90 request and shall not add, omit, or substitute components or alter the Veteran’s prescription in any way without prior approval and written authorization from the appropriate VA Clinic Team, Prosthetic Representative or designee. All footwear provided to the Veterans must appear on the PDCAC product classification list (https://www.dmepdac.com/dmecsapp/do/productsearch) for A5500 diabetic shoes regardless of the patients diagnosis.

3.0. EDUCATION AND TRAINING REQUIREMENTS

CERTIFICATION OF EDUCATION AND TRAINING MUST BE SUBMITTED WITH YOUR PROPOSAL OR YOUR PROPOSAL MAY BE FOUND NON-RESPONSIVE.

3.1. GENERAL EDUCATION

3.2. ARTIFICIAL LIMBS: The Contractor shall have a full-time American Board for Certification in Orthotics, Prosthetics & Pedorthics (ABC) certified, or Board of Certification/Accreditation International (BOC) certified Prosthetist with current and valid credentials on staff in “good standing” at each of the proposed service locations throughout the contract period. “Good standing” is defined as participating and achieving appropriate continuing education credits and paying dues as determined by Certifying Agency such as ABC and BOC. Additionally, any state licensing requirement must be met where mandated by law. A waiver for these requirements may be granted on a case-by-case basis for branch offices only in the event that VA determines this requirement would place an undue burden on the veteran.

3.3. ORTHOTIC APPLIANCES: The Contractor shall have a full-time American Board for Certification in Orthotics, Prosthetics & Pedorthics (ABC) certified, or Board of Certification/Accreditation International (BOC) certified Orthotist with current and valid credentials on staff in “good standing” at each of the proposed service locations throughout the contract period. “Good standing” is defined as participating and achieving appropriate continuing education credits and paying dues as determined by Certifying Agency such as ABC and BOC. Additionally, any state licensing requirement must be met where mandated by law. A waiver for these requirements may be granted on a case-by-case basis for branch offices only in the event that VA determines this requirement would place an undue burden on the veteran.

3.4. PEDORTHIC APPLIANCES: The Contractor shall have a full-time American Board for Certification in Orthotics, Prosthetics & Pedorthics (ABC) certified, or Board of Certification/Accreditation International (BOC) certified Pedorthist and/or Orthotist with current and valid credentials on staff in “good standing” at each of the proposed service locations throughout the contract period. “Good standing” is defined as participating and achieving appropriate continuing education credits and paying dues as determined by Certifying Agency such as ABC and BOC. Additionally, any state licensing requirement must be met where mandated by law. A waiver for these requirements may be granted on a case-by-case basis for branch offices only in the event that VA determines this requirement would place an undue burden on the veteran.

3.5. VA reserves the right to verify prosthetists’, orthotists’ and/or pedorthists’ credentials anytime during the term of this contract. The Contractor shall provide current copies of certifications upon request of the COR. Failure to comply with this requirement may lead to adverse actions by the Government up to and including contract termination in accordance with the contract clauses in the contract.

3.6. SPECIAL EDUCATION REQUIREMENTS FOR CERTAIN PROSTHETIC LIMB DEVICES/COMPONENTS The fitting and alignment of prosthetic limbs device and associated services shall be performed under the supervision of a prosthetist who has met the applicable educational and training requirements covered under the manufacturing training program for that device. New technologies require proof of training and only those prosthetists specifically trained or completing training for purposes of providing an item by the time of delivery of the item may provide the item and follow up services to a veteran. VA reserves the right to determine which technologies require specific training. VA will notify the Contractor when current technologies require specialized training from the manufacturer in order to provide to veterans. At a minimum, this training shall include educational seminars specific to the fabrication and servicing of these technologies and components that were presented by organizations such as National Association for the Advancement of Orthotics and Prosthetics (NAAOP), American Academy of Orthotics and Prosthetics (AAOP), American Orthotic and Prosthetic Association (AOPA), or a formal program which is specifically designed to train prosthetists in the fabrication of these technologies and components.

4.0. SPECIFIC REQUIREMENTS

4.1. COMPLIANCE WITH VA PRESCRIPTION AND CODING OF PROSTHETIC LIMB DEVICES/COMPONENTS The Contractor shall fabricate all artificial limbs in strict conformance to the prosthetic prescription that has been provided by the VA Amputee Clinic Team. The Contractor shall not add or substitute components or alter the veteran’s prosthetic limb prescription in any way without prior approval and written authorization from the COR or VA Amputation Care Clinic Team Prosthetic Representative. Modifications or changes may also require issuance of a new prescription by the VA Amputee Clinic Team.

4.2. CONTRACTOR FACILITY LOCATIONS

All Contractor facilities as well as other fabrication facilities such as commercial central fabrication facilities that will be utilized for this contract shall be listed in the proposal. All work required under this contract shall be conducted at the facility locations included in the contract. The Contractor’s facilities shall be accredited either by the Facility Accreditation Program of the ABC or the Accredited Facilities Program of the BOC for the appliances required by this proposal at the time of proposal submission. VA reserves the right to conduct site visits of the facility and review accreditation and certification documents and standards at any time. The Contractor shall provide current copies of accreditation documents upon request of the COR. VA may conduct site visits as needed by the COR and other VA subject matter experts as determined by the COR. Throughout the duration of this contract, the Contractor shall notify VA of any facilities that are added, changed, or closed to the CO and the COR within 15 calendar days of any change. Approval for added or changed facilities must be obtained before those facilities may be used for this contract.

4.3. THE JOINT COMMISSION AND OTHER SPECIAL REQUIREMENTS

The Contractor shall perform the required work in accordance with the Joint Commission (TJC) and ABC and/or BOC standards and Centers for Medicare and Medicaid Services (CMS). All Contractor employees shall continuously meet or exceed TJC and ABC and/or BOC standards. The Contractor shall develop and maintain the following documents for each contractor employee working on this contract: credentials and qualifications for the job; a current competence assessment checklist (an assessment of knowledge, skills, abilities and behaviors required to perform a job correctly and skillfully, and including knowledge and skills required to provide care for certain patient populations, as appropriate); a current performance evaluation supporting ability of the contractor employee to successfully perform the work required under this solicitation; and, listing of relevant continuing education for the last two years. At the time of contract award, annually on the date of the contract award thereafter, and at any other time requested by the VA COR, the Contractor shall provide current copies of these records for each contractor employee working on this contract.

The Contractor shall be responsible for ensuring that contractor employees providing work on this contract are fully trained and completely competent to perform the required work.

When changes in contractor personnel are approved in accordance with the “Key Personnel” clause of the contract in section 5.1, the Contractor shall provide evidence of orientation, the current competence assessment, and current performance evaluation that supports the above.

While the contract does not require TJC accreditation, the Contractor shall perform the required work in accordance with TJC, CMS standards and accrediting organization standards. A copy of TJC standards can be obtained from The Joint Commission, One Renaissance Blvd., Oakbrook Terrace, IL 60181. The websites for TJC and CMS are: http://www.jointcommission.org/ and http://www.cms.hhs.gov/

4.4. SOLICITATION OF BENEFICIARIES:

The contractor agrees not to directly or indirectly through agents solicit eligible veteran beneficiaries. VA personnel shall not direct, guide, or prompt a veteran beneficiary to a specific contractor except when a physician from the VA Amputee Clinic Team determines that it is a medical necessity. To assist in the selection of their prosthetist, all eligible veteran beneficiaries shall be given a current list of contract providers located within the Medical Center jurisdiction. The list of contract providers shall contain the following statement:

You have the right to select the artificial limb contractor of your choice from any of the VA VISN 2 approved contractors. Any attempt to influence your decision or to direct you to any particular contractor should be reported to the Medical Center Director of this facility.

4.5. OUTCOME MONITORING AND UTILIZATION

VA may prescribe and authorize an automated prosthetic utilization and function monitoring device for data collection and analysis for a new lower extremity prosthetic limb (transtibial, knee disarticulation, transfemoral and hip disarticulation level; does not include socket replacements). The utilization and function monitoring device will have the ability to record intensity, endurance, gait symmetry, dynamic function, including alignment, forces and moments with proven accuracy.

The device will monitor and continuously record the following:

· Stance and swing time for gait symmetry, dynamic function including alignment, forces, and moments;

· Cadence and cadence variability;

· Step count – continuous recording of total step count;

· Number of steps per selected time interval;

· Longitudinal, historical and objective analysis;

· Peak performance index, quantifiable into baseline and faster than baseline rate of walking, distance and variable cadence;

· Functional level assessment capability; and

· Measurement of socket load during gait.

VA may request “Veteran Outcome Reports” based on the data collected. The report shall contain narrative and graphical representation of the above variables.

4.6. Semi-Annual Service

The Contractor shall provide semi-annual service to each veteran for whom the Contractor is managing prosthetic limb care. For the purposes of this contract, semi-annual service is defined as a follow up visit for inspection of the prosthetic limb(s) and evaluation for fit and function for all VA-approved prosthetic limb(s) the patient owns and is actively using. Typically, semi-annual service includes inspection, testing, cleaning, and checking of the prosthetic limb(s) and/or residual limb(s) to include maintenance specific to the warranty of devices.

Semi-annual service shall not be incumbent upon the number of prosthetic limbs a patient owns. Two follow up visits per patient are required annually for a patient to whom the Contractor delivered a prosthetic limb(s) under this contract. The Contractor shall notify the COR for the required semi-annual service and receive written authorization prior to providing the semi-annual service to the veteran.

The following L-Code shall be used for semi-annual service:

· L7520 – Repair prosthetic device, labor component, per 15 minutes (not to exceed 4 units or 60 minutes)

4.7. WARRANTY

The Contractor shall warrant the prosthetic limb provided against defective material and/or workmanship for a minimum of 90 calendar days from the date of acceptance by VA. The minimum warranty period shall commence after the final check out at the VAMC by the Amputee Clinic Team and deliverable acceptance by the COR.