36C24221R0024_1.docx

36C24221R0024

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

36C24221R0024 03-26-2021

HEATHER SCHRADER, CONTRACTING OFFICER

585-393-7297 04-30-2021

4 PM

EDT

Department of Veterans Affairs 400 Fort Hill Ave.

Canandaigua NY 14424 X 621111 $12 Million N/A X Department of Veterans Affairs Canandaigua VA Medical Center 400 Fort Hill Avenue Canandaigua NY 14424-1159 Department of Veterans Affairs Network Contracting Activity 400 Fort Hill Ave.

Canandaigua NY 14424

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

Board Certified Interventional Radiology Physician services for the Syracuse VA Medical Center, Syracuse, NY as described herein beginning on page 12.

Schedule of Services begins on page 6.

X X x 03-24-2021 Heather Schrader Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINSTRATION DATA (Continuation of SF 1449 Blocks 5-18)

1. Contract Administration: All contract administration matters will be handled by the following individual(s):

a. Contractor _____________________________________________

Address _____________________________________________

City/State/Zip _____________________________________________

Point of Contact _____________________________________________

Telephone Number _____________________________________________

Email Address _____________________________________________

TAX ID Number _____________________________________________

DUNS NUMBER _____________________________________________

b. Government:

Heather Schrader, Contracting Officer Department of Veterans Affairs, Canandaigua VA Medical Center 400 Fort Hill Avenue Canandaigua, NY 14424

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 [ ] 52.232-34, Payment by Electronic Funds Transfer – Other than System for Award Management [ ] 52.232-36, Payment by Third Party

INVOICES: Invoices shall be submitted in arrears:

SECURE FAX: VA Handbook 6500 requires the following statement on all fax cover sheets be included:

“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.”

2. CONTRACT MODIFICATIONS: The Contractor is advised that only the Contracting Officer, 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 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 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.

3. SOLICITATION/CONTRACT: This solicitation and resulting contract adheres to the format defined in Federal Acquisition Regulation (FAR) Parts 12 and 15. An official copy of the FAR can be obtained at: https://www.acquisition.gov/far/

POST AWARD ORIENTATION: The Contracting Officer will schedule a post award orientation for contract orientation purposes as required by VA Acquisition Manual, Part M842.502-70.

4. TECHNICAL INQUIRIES: Direct all technical inquiries in writing to Contracting Officer, Heather Schrader via email at: Heather.Schrader@va.gov. ALL inquiries must be in writing.

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

36C24221R0024 Page 1 of Page 1 of

B.2 SCHEDULE OF SERVICES

Under the authority of 38 U.S.C. §8153, the Contractor agrees to provide Interventional Radiology physician services to eligible beneficiaries of the Department of Veterans Affairs Syracuse VA Medical (hereinafter referred to as VAMC) in accordance with the terms, conditions, and provisions stated herein at the prices specified in the Schedule of Services. Contractor will be paid based on actual hours worked as documented by sign in/sign out sheets.

PLACE OF PERFORMANCE: Services shall be provided on site at the Syracuse VAMC, 800 Irving Ave. Syracuse, NY 13210.

PRICING INSTRUCTIONS: The offeror is instructed to edit the number of sub-LINs to correspond with the number of key personnel submitted for the contract line item number (LIN).

The Contractor shall propose a minimum of 4 key personnel to be credentialed and be available for scheduling to meet the requirements of the contract.

ESTIMATED QUANTITIES: All quantities listed herein are estimated annual quantities. The Government is not obligated to purchase any specified amount of services under this contract beyond the contract minimum but will be obligated to make payment for all services requested and received in the quantities and of the quality requested.

GUARANTEED MINIMUM: The Government will order at least $250,000.00 in services during the base year of the contract. (Note: The guaranteed minimum order amount applies to the base year only. Award of the additional option years is not guaranteed nor is there a guaranteed minimum order amount in any given option year that is exercised.)

MAXIMUM TOTAL CONTRACT AMOUNT: The potential aggregate contract total over the term of the entire contract (base year and four potential option years) is $5,000,000.00.

ORDERING PROCEDURES: A task order in the amount of the estimated quantity will be issued for each performance period.

AWARD BASED ON INITIAL OFFERS: Offerors are advised of the possibility that award may be made without discussion. Accordingly, offerors are cautioned to submit their initial offers based on their most favorable terms, pricing and technical factors.

Base Year: October 1, 2021 through September 30, 2022

LIN

KEY PERSONNEL

Option Year 1: October 1, 2022 through September 30, 2023

LIN

KEY PERSONNEL

Option Year 2: October 1, 2023 through September 30, 2024

LIN

KEY PERSONNEL

Option Year 3: October 1, 2024 through September 30, 2025

LIN

KEY PERSONNEL

Option Year 4: October 1, 2025 through September 30, 2026

LIN

KEY PERSONNEL

CONTRACT TOTALS

B.3 PERFORMANCE WORK STATEMENT

1. GENERAL:

0. Services Provided: The Contractor shall provide Board Certified Interventional Radiology Physician services on site in accordance with the specifications contained herein to beneficiaries of the Department of Veterans Affairs (VA) and the Syracuse VA Medical Center (VAMC).

0. Place of Performance: Contractor shall furnish services at the Syracuse VAMC, 800 Irving Avenue Syracuse, NY 13210

0. Authority: Title 38 USC 8153, Health Care Resources (HCR) sharing Authority and FAR Parts 12 and 15.

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

3. VHA Directive 1003.04: VHA Patient Advocacy https://vaww.va.gov/vhapublications/ViewPublication.asp?pub_ID=5970

3. VA Directive 1088: Communication of Tet Results https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=3148

3. VA Directive 1663: Health Care Resources Contracting - Buying https://www1.va.gov/vapubs/viewPublication.asp?Pub_ID=969&FType=2

3. VHA Directive 1192 to VHA Directive 1192.01: Seasonal Influenza Prevention Program https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=8948

3. VHA Handbook 1100.17: National Practitioner Data Bank Reports https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=2135

3. VHA Handbook 1100.18: Reporting And Responding To State Licensing Boards https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=1364

3. VHA Handbook 1100.19: Credentialing and Privileging https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=2910

3. VHA Handbook 1105.04: Fluoroscopy Safety https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=7454

3. VHA Directive 1220: Facility Procedure Complexity Designation Requirements to Perform Invasive Procedures in Any Clinical Setting https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=8365

3. VHA Handbook 1907.01: Health Information Management and Health Records https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=3088

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

3. VHA Directive 2012-030 Credentialing of Health Care Professionals https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=2815

0. 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.

4. ACGME: Accreditation Council for Graduate Medical Education

4. ACR: American College of Radiology Physicians

4. AOD: Admitting Officer of the Day

4. CAQ: Certificates of Added Qualifications

4. CDC: Centers for Disease Control and Prevention

4. CDR: Contract Discrepancy Report

4. CEU: Certified Education Unit

4. CME: Continuing Medical Education

4. CMS: Centers for Medicare and Medicaid Services

4. 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.

4. 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.

4. COS: Chief of Staff

4. CPARS: Contractor Performance Assessment Reporting System

4. 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.

4. CV: Curriculum Vitae

4. DEA: Drug Enforcement Agency

4. EHR: Electronic Health Record - electronic health record system used by the VA

4. EST: Eastern Standard Time

4. FSMB: Federation of State Medical Boards

4. HHS: Department of Health and Human Services

4. HIPAA: Health Insurance Portability and Accountability Act

4. HR: Human Resources

4. ISO: Information Security Officer

4. MOD: Medical Officer of the Day

4. 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).

4. NPPES: National Plan and Provider Enumeration System

4. POP: Period of Performance

4. PPD: Purified Protein Derivative

4. PWS: Performance Work Statement

4. Privileging (Clinical Privileging): Privileging is the process by which a practitioner, licensed for independent 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.

4. QA/QI: Quality Assurance/Quality Improvement

4. QM/PI: Quality Management/Performance Improvement

4. QASP: Quality Assurance Surveillance Plan

4. 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.

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

4. 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.

4. VetPro: A federal web-based credentialing program for healthcare providers.

4. 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 Syracuse VA Medical Center.

1. QUALIFICATIONS

1. Staff/Facility

0. License: The Contractor’s physician(s) assigned by the Contractor to perform the services covered by this contract shall have a current license to practice medicine in New York State. 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. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

0. Board Certification: All contractor’s physician(s) shall be Board Certified per the American Board of Radiology (http://www.theabr.org/). All continuing education courses required for maintaining certification must always be kept up to date. Documentation verifying current certification shall be provided by the Contractor to the VA COR on an annual basis for each year of contract performance.

0. 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) possess 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 Syracuse VAMC Professional Standards Board, Medical Executive Board and Medical Center Director.

2. If contractor’s physician(s) is/are 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 or disruption to patient care.

0. Technical Proficiency: Contractor’s 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’s physician(s) and contractor’s 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.

0. 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’s 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 credentialing office for tracking. These documents are required for both privileging and re-privileging. Failure to provide shall result in loss of privileges for contractor’s physician(s).

0. Training (ACLS, BLS, EHR 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. Other training may become required. VA will communicate any changes to the training requirement to the contractor.

Mandatory Training for Transient Clinical Staff (Non-Trainees) course Active Threat Training Government Ethics Prevention of Workplace Harassment/No Fear Act VHA MRI Safety Training Level 1 Training (all who enter MRI suites) VA Core Values Training (ICARE Recommitment) VHA Privacy and HIPAA Focused Training Patient Safety Patient Rights Prevention/Management of Disruptive Behavior/Violence Prevention Level I Infection Control and Blood Borne Pathogens

0. 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.

6. Tuberculosis Testing: Contractor shall provide proof of a negative Tuberculosis Skin Test (TST) or interferon-gamma release assays (IGRA) for all Contractor’s physician(s) {This is applicable to all health care workers}. A negative chest radiographic report for active tuberculosis shall be provided in cases of positive TST or IGRA results. The TST or IGRA testing shall be repeated annually.

6. Measles, Mumps & Rubella Testing: Contractors shall provide proof of immunity for all Contractor physicians {This is applicable to all health care workers}.

6. Varicella: Contractors shall provide proof of immunity for all Contractor physicians {This is applicable to all health care workers}.

6. Acellular Pertussis: Contractors shall provide proof of 1 dose of Tdap vaccination for all Contractor physicians {This is applicable to all health care workers}.

6. 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. {This is applicable to all health care workers}.

6. OSHA Regulations Concerning Occupational Exposure to Bloodborne Pathogens: Contractor shall provide evidence of completing and passing generic self-study blood-borne pathogen training for all Contractor’s physician(s) {This is applicable to all health care workers}; provide their own Hepatitis B vaccination series and hepatitis B surface antigen test results following the hepatitis B vaccination series; maintain an exposure determination and control plan; maintain required records; and ensure that proper follow-up evaluation is provided following an exposure incident.

6. The 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.

0. 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.

0. DEA: Contractor shall provide copy of current DEA certificate.

0. Conflict of Interest: The Contractor and all contractor’s 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.

0. Citizenship Related Requirements

10. 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;

10. 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.

10. 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.

10. 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.

10. 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.

1.0.11. 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.

11. 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) are 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.

11. By submitting their proposal, the Contractor certifies that the HHS OIG List of Excluded Individuals/Entities has been reviewed and that the Contractors are and/or firm is not listed as of the date the offer/bid was signed.

1. Clinical/Professional Performance: The qualifications of Contractor personnel are subject to review by VA Medical Center 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.

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

1. 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.

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

1. Inherent Government Functions: Contractor and Contractor’s 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.

1. No Employee Status: The Contractor shall be responsible for protecting Contractor’s 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:

6. Workers’ compensation

6. Professional liability insurance

6. Health examinations

6. Income tax withholding, and

6. Social security payments.

1. Tort Liability: The Federal Tort Claims Act does not cover Contractor or contractor’s physician(s). When a Contractor or contractor’s physician(s) has been identified as a provider in a tort claim, the Contractor shall be responsible for notifying their legal counsel and/or insurance carrier. Any settlement or judgment arising from a Contractor’s (or contractor’s physician(s)) action or non-action shall be the responsibility of the Contractor and/or insurance carrier.

1. Key Personnel:

8. Full Time Equivalency (FTE): FTE is defined by VA as a minimum of 80 hours every two weeks and does not include holidays.

8. The Contractor must provide one Board-Certified Interventional Radiology physician on-site one day per week (currently Thursdays) as defined in the Hours of Operation in this section.

8. The Contractor shall also be responsible for providing back-up Interventional Radiology Physician services to the VA during periods of the VA Interventional Radiology Physician’s sick leave, personal leave, vacations etc. In the event that the VA Interventional Radiology Physician calls in sick or takes other unplanned leave, the Contractor must provide an Interventional Radiology Physician to cover for the VA physician within two hours of notification. The VA will notify the Contractor of scheduled leave that requires coverage with as much advanced notice as possible.

8. In the event that a Contractor’s regularly scheduled physician is unable to complete his/her assigned shift, the Contractor shall provide a replacement physician within two hours and notify the COR at the Syracuse VAMC immediately of the schedule change.

8. Contractor Employees: Contractor employees shall not be considered government employees for any purpose under this contract.

8. Personnel Substitutions: During the first 90 calendar days of performance, the Contractor shall make NO substitutions of key personnel unless the substitution is necessitated by illness, death or termination of employment. The Contractor shall notify the CO, in writing, within 7 calendar day (s) after the occurrence of any of these events and provide the information required below. After 90 days, the Contractor shall submit the information required below to the CO at least 30 calendar days prior to making any permanent substitutions.

5. The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the CO. Proposed substitutes shall have comparable qualifications to those of the persons being replaced. The CO will notify the Contractor within 14 calendar days after receipt of all required information of the decision on the proposed substitutes. The contract will be modified to reflect any approved changes of key personnel.

5. For temporary substitutions where the key person shall not be reporting to work for the day, the Contractor shall provide a qualified replacement from the approved roster of credentialed radiologist for the key person. The substitute shall have comparable qualifications and Syracuse VAMC approved credentials to the key person.

5. The Government reserves the right to refuse acceptance of any Contractor personnel at any time after performance begins, if personal or professional conduct jeopardizes patient care or interferes with the regular and ordinary operation of the facility. Breaches of conduct include intoxication or debilitation resulting from drug use, theft, patient abuse, dereliction or negligence in performing directed tasks, or other conduct resulting in formal complaints by patient or other staff members to designated Government representatives. Standards for conduct shall mirror those prescribed by current federal personnel regulations. Should the VA COS or designee show documented clinical problems or continual unprofessional behavior/actions with any Contractor’s physician(s), s/he may request, without cause, immediate replacement of said Contractor’s physician(s). The CO and COR shall deal with issues raised concerning Contractor’s physician(s) conduct. The final arbiter on questions of acceptability is the CO.

5. Contingency Plan: Because continuity of care is an essential part of VAMC’s medical services, The Contractor shall have a contingency plan in place to be utilized if the Contractor’s physician(s) leaves Contractor’s employment or is unable to continue performance in accordance with the terms and conditions of the resulting contract.

1. HOURS OF OPERATION

2. VA Business Hours: The Syracuse VAMC Interventional Radiology department is open Monday through Friday, 8:00 AM - 4:30 PM. The VA Interventional Radiology staff are available on-call after normal business hours for emergency Interventional Radiology procedures Monday through Friday, weekends and all Federal holidays. The Interventional Radiology Department provides service 24/7.

0. Patients must be seen by a contractor’s physician(s) on-site at Syracuse VAMC in a timely manner in accordance with VA Rules and Regulations on clinic wait times and consult completion. Contractor shall notify the COR at least monthly about any obstacles to meeting this performance measure.

0. Contractor’s physician(s) shall be available and present in the Interventional Radiology department during normal Syracuse VAMC Interventional Radiology clinic hours which will be established, and may be revised, as deemed appropriate for patient care by the Chief of Staff. Currently, normal clinic hours are 8:00 AM - 4:30 PM. The Contractor will be scheduled for clinic every Thursday from 8:00 AM - 4:30 PM.

1. Supplemental Clinical Coverage: The Contractor must make the contractor’s physician(s) available for scheduled and unscheduled supplemental clinic coverage when the Syracuse VAMC Interventional Radiology Attending Physician is out for vacation and/or illness during clinical hours Monday through Friday, 8:00 AM - 4:30 PM. The Contractor will be notified that coverage is required with as much advance notice as possible. A Contract physician will be required on-site within two hours of the notification of same day coverage.

1. Off-hours Coverage: The Contractor must make the contractor’s physician(s) available for on-call during all hours when the Syracuse VAMC Interventional Radiology department is closed and the VA Interventional Radiology Attending Physician is not covering on-call. VA covers on-call approximately 10 weeks per year. The remaining on-call (including evenings, weekends and holidays) shall be covered by the contractor’s physician(s).

1. When on-call, the contractor’s physician(s) must always be available for phone consultations with VA physicians.

1. Patients must be seen within 60 minutes of the page when medically indicated.

2. Federal Holidays: The following holidays are observed by the Department of Veterans Affairs:

1. New Year’s Day

1. President’s Day

1. Martin Luther King’s Birthday

1. Memorial Day

1. Independence Day

1. Labor Day

1. Columbus Day

1. Veterans Day

1. Thanksgiving

1. Christmas Any day specifically declared to be a national holiday.

2. Cancellations

2. Unless a state of emergency has been declared or clinics are otherwise cancelled by the VAMC, the Contractor shall be responsible for providing services.

1. CONTRACTOR RESPONSIBILITIES

3. Clinical Personnel Required: The Contractor shall provide contractor’s physician(s) who are competent, qualified per this performance work statement and adequately trained to perform assigned duties.

0. Contractor’s physician(s) shall be responsible for signing in and out when in attendance. Timesheets will be used by the COR to confirm hours/day and services provided against the Contractor’s invoices.

3. Standards of Care: The contract physician’s care shall cover the range of Interventional Radiology services as would be provided in a state-of-the-art civilian medical treatment facility and the standard of care shall be of a quality, meeting or exceeding currently recognized national standards as established by:

1. The American College of Radiology Guidelines for Interventional Radiology: http://www.acr.org/Quality-Safety/Standards-Guidelines/Practice-Guidelines-by-Modality/Interventional

1. The professional standards of the Joint Commission (TJC): http://www.jointcommission.org/standards_information/hap_requirements.aspx

1. The standards of the American Hospital Association (AHA): http://www.hpoe.org/resources?show=100&type=8 and;

1. The requirements contained in this PWS

3. MEDICAL RECORDS

2. Authorities: Contractor’s physician(s) providing healthcare services to VA patients shall be considered as part of the Department Healthcare Activity and shall comply with the U.S.C.551a (Privacy Act), 38 U.S.C. 5701 (Confidentiality of claimants records), 5 U.S.C. 552 (FOIA), 38 U.S.C. 5705 (Confidentiality of Medical Quality Assurance Records) 38 U.S.C. 7332 (Confidentiality of certain medical records), Title 5 U.S.C. § 522a (Records Maintained on Individuals) as well as 45 C.F.R. Parts 160, 162, and 164 (HIPAA).

2. HIPAA: This contract and its requirements meet exception in 45 CFR 164.502(e), and do not require a BAA in order for Covered Entity to disclose Protected Health Information to: a health care provider for treatment. Based on this exception, a BAA is not required for this contract. Treatment and administrative patient records generated by this contract or provided to the Contractors by the VA are covered by the VA system of records entitled ‘Patient Medical Records-VA’ (24VA19). Contractor generated VA Patient records are the property of the VA and shall not be accessed, released, transferred, or destroyed except in accordance with applicable laws and regulations. Contractor shall ensure that all records pertaining to medical care and services are available for immediate transmission when requested by the VA. Records identified for review, audit, or evaluation by VA representatives and authorized federal and state officials, shall be accessed on-site during normal business hours or mailed by the Contractor at his expense. Contractor shall deliver all final patient records, correspondence, and notes to the VA within twenty-one (21) calendar days after the contract expiration date.

2. Disclosure: Contractor’s physician(s) may have access to patient medical records. However, the Contractor shall obtain permission from the VA before disclosing any patient information. Subject to applicable federal confidentiality or privacy laws, the Contractor, or their designated representatives, and designated representatives of federal regulatory agencies having jurisdiction over Contractor, may have access to VA ‘s records, at VA’s place of business on request during normal business hours, to inspect and review and make copies of such records.