36C24223Q0209.docx

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.

UEI:

EFT:

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. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

36C24223Q0209 03-03-2023

CHERYL WHITTON, CONTRACT SPECIALIST

518-626-5456 03-20-2023

3PM

EST

Department of Veterans Affairs Network Contracting Office (NCO 2) 20 Madison Avenue Extension Albany

NY

12203 X X 561320 $30 Million N/A X Department of Veterans Affairs New York Harbor Healthcare System

Department of Veterans Affairs Network Contracting Office (NCO2) 20 Madison Avenue Extension Albany

NY

12203

Tungsten Network https://www.tungsten-network.com/ customer-campaigns/veteransaffairs/

See CONTINUATION Page Contractor to provide temporary nurse staffing services to the VA New York Harbor Healthcare System, as described herein via Blanket Purchase Agreement (BPA) under Federal Supply Schedule SIN 621-025. Solicited under FAR 8 and 13.

Schedule of Service begins on page 6.

Performance Work Statement begins on page 8.

See CONTINUATION Page X X X

ALLAN M PRESTON

CONTRACTING OFFICER

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

36C24223Q0209

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B.1 CONTRACT ADMINISTRATION DATA

1. CONTRACT ADMINISTRATION INFORMATION: All contract administration matters will be handled by the following individual(s):

a. Contractor

Name: ______________________________________________

Address: ____________________________________________

City/State/Zip: ________________________________________

TAX ID # ____________________________________________

DUNS # _____________________________________________

SAM UEI: ____________________________________________

Point of Contact: ______________________________________

E-Mail: ______________________________________________

Phone Number: _______________________________________

Fax Number: _________________________________________

b. Government:

Cheryl Whitton, Administrative Contract Specialist Department of Veterans Affairs Network Contracting Office (NCO 2) 20 Madison Avenue Extension Albany, NY 12203 Phone: 518-626-5456 Email: Cheryl.Whitton@va.gov

Allan Preston, Contracting Officer Department of Veterans Affairs Network Contracting Office (NCO 2) Phone: 585-297-1469 Email: Allan.Preston@va.gov

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

3. INVOICES: Invoices shall be submitted in arrears:

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. Invoicing shall be in accordance with the requirements of The Department of Veterans Affairs (VA) Financial Services Center (VAFSC). The latest information shall be used for invoicing and payments and may change during the Period of Performance of this acquisition. Current Invoicing information is located at http://www.fsc.va.gov/einvoice.asp.

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

· Tungsten e-Invoice Setup Information: 1-877-489-6135

· Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com

· FSC e-Invoice Contact Information: 1-877-353-9791

· FSC e-invoice email: vafsccshd@va.gov

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

Signed copies of any issued amendments must be submitted with quotation response.

6. SYSTEM FOR AWARD MANAGEMENT (SAM) REGISTRATION: 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). Internet access allows registration by completing an electronic online registration application at http://www.sam.gov/. The electronic record in the Online Representations and Certifications (ORCA) will serve as an alternative to completing provisions 52.212-3 Offeror Representations and Certifications – Commercial Items. However, offerors must read and complete 52.212-3(b) and any other sections of 52.212-3 as applicable to this procurement.

7. FEDERAL SUPPLY SCHEDULE AWARD (SIN 621-025): This will be a single award, firm-fixed price BPA for a 6-month base and one 6-month option. It shall be effective for the term of the FSS Contract including additional FSS extensions. The Contractor is required to immediately notify the Contracting Officer, in writing, if at any time the FSS contract upon which awarded BPA is based, is no longer in force. The resulting awarded BPA shall be automatically extended for the remaining term of the awarded BPA without modification upon any extensions of the Contractor’s FSS contract. In addition, where a new FSS contract replaces the Contractor’s current FSS contract, the awarded BPA may be reassigned under the new FSS contract for the remaining term of the awarded BPA with written agreement between the Contractor and the Contracting Officer. If the Contractor fails to perform in a manner satisfactory to the Contracting Officer, the awarded BPA may be canceled with thirty days written notice to the Contractor by the Contracting Officer. The Contractor shall also reserve the right to terminate this contract within thirty days written notification to the Contracting Officer.

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B.2 SCHEDULE OF SERVICES

The Contractor shall furnish personnel to provide Temporary Nurse Staffing Services to the VA New York Harbor Healthcare System (VANYHHS), hereinafter referred to as VA. All services are subject to the terms and conditions under Federal Supply Schedule Award Contract - FSS 621-025 and Mass Mod 16 for use of COVID-19 Differential.

PLACE OF PERFORMANCE: Services shall be provided on-site at one of the VA campuses below:

PRICING INSTRUCTIONS: One FTE is defined by VA as a minimum of 80 hours every two weeks and does not include holidays. The offeror is to utilize the price schedule below, with no alterations. All rates are to be broken out as requested and shall be all-inclusive of any travel rates.

ESTIMATED QUANTITIES/TASK ORDER ISSUANCE: Staffing needs will likely change throughout the life of the contract as VA permanent hires are selected. The quantities listed herein are estimates only and cannot be considered a minimum or maximum guarantee. The Government anticipates award of an indefinite delivery, indefinite quantity (IDIQ) firm fixed price contract from this solicitation. A task order will be issued at the start of the performance period and bilaterally adjusted, as necessary, during performance.

GUARANTEED MINIMUM: The Government will order at least $5,000.00 during the base period of any contract awarded under this solicitation, provided acceptable candidates are received from an awardee. (Note: The guaranteed minimum order amount applies to the base period only. There is no guaranteed minimum order amount in any option period that may be exercised.)

MAXIMUM TOTAL CONTRACT AMOUNT: The potential aggregate contract total over the term of the entire contract (base and option period) is $13,000,000.00.

PERIOD OF PERFORMANCE: Six-month base period and one (1) six-month option period, as follows:

BASE PERIOD (6 MONTHS): August 1, 2023 – January 31, 2024

Annual Cost

Base Rate Brooklyn Campus – 5 FTE

Base Rate Manhattan Campus – 3 FTE

Overtime Rate (Over 40 hours)

Holiday Rate

Base Rate Brooklyn Campus – 6 FTE

Overtime Rate (Over 40 hours)

Total for Base Period:

OPTION PERIOD (6 MONTHS): February 1, 2024 – July 31, 2024

Annual Cost

Base Rate Brooklyn Campus – 5 FTE

Base Rate Manhattan Campus – 3 FTE

Overtime Rate (Over 40 hours)

Holiday Rate

Base Rate Brooklyn Campus – 6 FTE

Overtime Rate (Over 40 hours)

Total for Option Period:

TOTAL CONTRACT AWARD (BASE PLUS OPTION): $_______________

B.3 PERFORMANCE WORK STATEMENT (PWS)

1. GENERAL:

0. Services Requested: The Contractor shall provide the Department of Veterans Affairs New York Harbor Health Care System (VANYHHS) with temporary nurse staffing services with appropriately 14 qualified candidates.

1. 5 FTE Registered Nurses (RNs) Med/Surg (Telemetry) for the Brooklyn Campus

1. 6 FTE Registered Nurses (RNs) Critical Care (ICU) for the Brooklyn Campus

1. 3 FTE Registered Nurses (RNs) Med/Surg (Telemetry) for the Manhattan Campus

0. Place of Performance: The Contractor shall furnish temporary nurse staffing services at either of these locations within VANYHHS:

0. Authority: FAR Parts 8, 13 (Simplified Acquisition Procedures), and 19.

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

3. 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

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

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

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

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

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

0. Definitions: 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. ACLS: Advanced Cardiac Life Support

4. BLS: Basic Life Support

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

4. CDC: Centers for Disease Control and Prevention

4. CDR: Contract Discrepancy Report

4. CEU: Certified Education Unit

4. Contracting Officer (CO) – The person executing this contract on behalf of the Government with the authority to enter into and administer task orders 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. Contractor: A supplier or contractor awarded a contract to provide specific supplies or services to the government.

4. CPARS: Contractor Performance Assessment Reporting System

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

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. DNR List: Do Not Return List – Individuals placed on this list may not provide services under the contract.

4. HIPAA: Health Insurance Portability and Accountability Act

4. HR: Human Resources

4. ISO: Information Security Officer

4. Key Personnel: Contractor personnel providing nursing or nursing support services under this contract.

4. 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.

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

4. POP: Period of Performance

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 contract staff specific.

4. QA/QI: Quality Assurance/Quality Improvement

4. QM/PI: Quality Management/Performance Improvement

4. QASP: Quality Assurance Surveillance Plan

4. ROC: Report of Contact

4. TB: Tuberculosis

4. TJC: The Joint Commission

4. Veterans’ Health Administration (VHA): The central office for administration of the VA s 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 s in Upstate New York.

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 contract nurses.

4. Veterans Affairs (VAMC): Unless identified with the name of a different VA, for purposes of this contract, this term shall mean the VA Fingerlakes Healthcare System.

1. QUALIFICATIONS:

1. Staff

0. License: Licensed personnel assigned by the Contractor to perform services covered by this contract shall be currently certified or licensed, as appropriate, 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 fully valid and without restriction. The qualifications of such personnel shall also be subject to review by the VA Chief of Staff and approval by the VA Facility Director. The Government specifically reserves the right to reject and of the Contractor’s personnel and refuse them permission to provide services under this contract.

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 contractor staff possesses the requisite credentials enabling the granting of privileges. No services shall be provided by contractor staff prior to obtaining approval by the VA.

0. If a contractor personnel 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. Contractor staff shall not begin work until final approval is obtained from the contracting officer.

0. Contractor shall ensure Contractor personnel will provide appropriate, effective interventions to individual patients needs according to established facility policies, safety standards and procedures as described at the orientations and trainings conducted by VA Nurse Education.

0. Technical Proficiency: Contractors staff 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 verifiable evidence of all educational and training experiences including any gaps in educational history for all Contractors staff and all Contractors staff shall be responsible for abiding by the facility's rules and regulations (referenced herein) that govern staff behavior.

0. Training (CPRS and VA MANDATORY): Contract staff shall meet all VA educational requirements and mandatory course requirements defined herein; all training must be completed by the Contractors staff as required by the VA. All employees who will be working on this contract and require access to VA information and VA information systems are required to complete the following training before being granted access to VA information and its systems:

0. VA Privacy and Information Security Awareness and Rules of Behavior

0. Mandatory Training for Transient Staff

5. This training is offered through the VA Talent Management System (TMS). Each employee will be required to self-enroll for a profile on the VA TMS site by visiting https://www.tms.va.gov/SecureAuth35/. Once there, they should create a profile, launch the mandatory training, and complete the content prior to starting work at the VA. Upon completion, the Contractor shall provide the CO and COR with the employee’s printed certificates of completion from the TMS. These certificates display the employee’s TMS User ID. Failure to complete the mandatory training annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete. Contractor employees who do not maintain their training via TMS will be placed into a Do Not Return (DNR) status.

5. From time to time, VA will require training for Contractor employees. The nature of the training varies. VA will pay for required training either based on the hours worked and submitted via submission of the TMS certificate certificates indicating completion of required courses. TMS certificates will be reimbursed based on the hours listed as “Learning Hours” within each course regardless of actual rime expended completing the course. Copies of all completed training will be provided to the COR as they occur.

5. Telemetry Examination: RNs working under this contract will be required to have passed a telemetry examination. It is preferred that the vendor administer the telemetry exam and submit evidence that the candidate passed the exam when presenting the candidate to VA NYHHS. If the candidate is selected, they can proceed with the onboarding process. If the vendor cannot administer a telemetry exam, the candidate will need to take and pass a telemetry examination administered by VA staff. Once they pass, they can proceed with the onboarding process.

5. Contractor staff who have not worked at least one shift within the last 90 days will have to be cleared by the COR or designee prior to returning to shift work. Clearance may require attendance at an orientation and/or competency class. The contractor may have to complete PIV request as determined by the COR.

0. Standard Personnel Testing (PPD, etc.): Contractor shall provide proof of the following tests for contractor staff within five (5) calendar days after approval of candidates to the COR and Contracting Officer. Tests shall be current within the past year.

6. TUBERCULOSIS TESTING: Contractor shall provide proof of a negative reaction to PPD testing for all Contractors staff. A negative chest radiographic report for active tuberculosis shall be provided in cases of positive PPD results. The PPD test shall be repeated annually.

6. RUBELLA TESTING: Contractor shall provide proof of immunization for all Contractors staff 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.

6. COVID-19: Contractor agrees to comply with VHA requirements. Contractor staff will be responsible for compliance with all COVID-19 precautions in place at their site of performance.

6. VARICELLA: Contractor shall provide proof of immunity for all Contractor staff.

6. ACELLULAR PERTUSSIS: Contractor shall provide proof of 1 dose of Tdap vaccination for all Contractor staff.

6. INFLUENZA: Contractor shall provide proof of annual influenza vaccination unless it is contraindicated. If Contractor has a medical contraindication to the vaccine, they shall be required to wear a mask during Influenza season in accordance with VA policy.

6. OSHA REGULATION CONCERNING OCCUPATIONAL EXPOSURE TO BLOODBORNE PATHOGENS: Contractor shall provide generic self-study training for all Contractors staff; 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.

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 contract staff return.

0. Conflict of Interest: The Contractor and all Contractors staff are responsible for identifying and communicating to the CO and COR any conflicts of interest at the time of proposal and during the entirety of contract performance. At the time of proposal, the Contractor and contract staff 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 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).

0. Citizenship Related Requirements:

8. 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 this contract for the Contractor while providing services to Department of Veterans Affairs patient referrals;

8. While performing services for the Department of Veterans Affairs, the Contractor shall not knowingly employ, contracted 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.

8. If the Contractor or their contract staff fail 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.

8. 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.

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

0. 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.

9. 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 contract Contractors staff and contractor 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.

9. By submitting their proposal, the Contractor certifies that the HHS OIG List of Excluded Individuals/Entities has been reviewed and that contract staff are and/or firm is not listed as of the date the offer was signed. This list will be reviewed prior to the submission of any candidates for VA consideration.

1. Clinical/Professional Direction: The qualifications of the contract staff 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 and professional direction of all clinical personnel covered by this contract will be provided by the VAMC COS and/or the Chief of the Service or his/her 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 staff 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 of omission of the Contractor, its agents or employees.

1. Inherently Governmental Functions: Contractor and contract staff shall not perform inherently governmental functions. This includes, but is not limited to, student/resident supervision, 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 Contractors staff 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:

5. Workers’ compensation

5. Professional liability insurance

5. Health examinations

5. Income Tax withholding, and

5. Social Security payments.

1. Tort Liability: The Federal Tort Claims Act does not cover Contractor or Contractors staff. When a Contractor or Contractors staff has been identified as an individual 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 Contractors staff) action or non-action shall be the responsibility of the Contractor and/or insurance carrier. Contractor shall notify the VA as soon as possible of any informal or formal complaint, allegation, claim, legal notice, or legal action, made in any form, by or on behalf of a Veteran, pertaining to care provided by the Contractor under this contract.

1. Key Personnel: Key personnel are those Contractor personnel who perform nurse or nurse support services and are essential to performance of the contract requirement.

7. The Contractor shall use the following process for initial submittal of all proposed key personnel candidates:

0. Contractor shall submit candidates to the CO and COR for VA consideration within 72 hours of award notification, ensuring that candidate resumes shall clearly show the qualification requirements in accordance with the PWS and indicate any past VA experience. VA experience is preferred.

0. Upon receipt, candidate resumes and AHA BLS (and ACLS as required) will be forwarded to Nursing team for review and approval or disapproval determination.

0. Contractor will be notified of Nursing team approval/disapproval determination within 48 hours, barring unforeseen delays.

0. If approved, Contractor is required to submit complete security and credentialing packages within 3 days, barring unforeseen delays. See PWS 6.6.8 for detailed submission requirements.

0. If disapproved, Contractor is required to submit replacement candidate(s) within 1 day.

1. Personnel Substitutions: During the first ninety (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 15 calendar days after the occurrence of any of these events and provide the information required below. After the 90 calendar days, the Contractor shall submit the information required below to the CO at least 15 calendar days prior to making any permanent substitution submissions.

8. 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 as described herein. Proposed substitutes shall have comparable qualifications to those of the persons being replaced. The CO will notify the Contractor within 15 calendar days after receipt of all required information of the decision on the proposed substitutes.

8. The contract will be modified to reflect any approved changes of key personnel. The Government reserves the right to refuse acceptance of any contractor personnel under this contract 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 Contractors staff, s/he may request, without cause, immediate replacement of said Contractors staff. The CO and COR shall deal with issues raised concerning any Contractors staff conduct. The final arbiter on questions of acceptability is the CO.

1. HOURS OF OPERATION

2. VA Business Hours: 24/7, including Evenings. Nights, Weekends and Federal Holidays.

2. Work Schedule: Contractor will be required to provide nursing and nursing support staff to perform services at VANYHHS. The schedule may change based on the need of the Government. All changes will be made through contract modifications. The following schedule applies:

Brooklyn Campus:

RN – Med/Surg

7:30 AM – 8:00PM

Rotating, Weekends, Federal Holidays, Full-time

RN – Med/Surg

7:30 AM – 8:00PM

Rotating, Weekends, Federal Holidays, Full-time

RN – Med/Surg

7:30 AM – 8:00PM

Rotating, Weekends, Federal Holidays, Full-time

RN – Med/Surg

7:30 PM – 8:00AM

Rotating, Weekends, Federal Holidays, Full-time

RN – Med/Surg

7:30 PM – 8:00AM

Rotating, Weekends, Federal Holidays, Full-time

RN – ICU

7:30 AM – 8:00PM

Rotating, Weekends, Federal Holidays, Full-time

RN – ICU

7:30 AM – 8:00PM

Rotating, Weekends, Federal Holidays, Full-time

RN – ICU

7:30 AM – 8:00PM

Rotating, Weekends, Federal Holidays, Full-time

RN – ICU

7:30 PM – 8:00AM

Rotating, Weekends, Federal Holidays, Full-time

RN – ICU

7:30 PM – 8:00AM

Rotating, Weekends, Federal Holidays, Full-time

RN – ICU

7:30 PM – 8:00AM

Rotating, Weekends, Federal Holidays, Full-time

Manhattan Campus:

RN – Med/Surg

7:30 AM – 8:00PM

Rotating, Weekends, Federal Holidays, Full-time

RN – Med/Surg

7:30 PM – 8:00AM

Rotating, Weekends, Federal Holidays, Full-time

RN – Med/Surg

7:30 PM – 8:00AM

Rotating, Weekends, Federal Holidays, Full-time

1. Contractor will have a ½ hour unpaid break each shift.

1. There may be occasional overtime, pre-approved, at the discretion of the Nurse Manager.

1. The VA will provide shift confirmations to the contractor and contract staff 14 days in advance.

1. Contract staff may be scheduled to work on Federal Holidays.

1. Contractors will work 7:30 AM – 4:00 PM on a weekday during their initial Orientation. Typically, initial Orientation lasts 2-3 days. Upon completion of initial Orientation, contractor will continue to be oriented on the assigned unit according to their scheduled shifts.

1. The VA reserves the right to move contractor staff to other locations within the same hospital depending on the coverage required by the VA.

2. Unscheduled absences shall be called in to the COR within the first two (2) hours of each duty day that the contract personnel is unable to work.

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. Juneteenth

1. Independence Day

1. Labor Day

1. Columbus Day

1. Veterans Day

1. Thanksgiving

1. Christmas

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

1. POSITION AND DUTY REQUIREMENTS

4.1 Clinical Personnel Required: The Contractor shall provide nursing and nursing support staff who are competent, qualified per this performance work statement and adequately trained to perform assigned duties. Contractors staff shall be responsible for signing in and out when in attendance. Time sheets will be used by the Nurse Manager to confirm hours/day and services provided against the contractor’s invoices.

0. Med/Surg (Telemetry) and Critical Care (ICU) Registered Nurses: The Med/Surg or Critical Care nurses provide direct and indirect skilled nursing care to patients with chronic illness, disability, or are not capable of caring for themselves for an extended period of time. The RN ensures patient centered, individualized care that promotes independence maximizes patient’s quality of life, and ensures coordination of services to meet the patient’s needs over a period of time. RN is accountable for adhering to established policies, standards of care and standards of practice. The staff nurse demonstrates leadership when providing and improving patient care. The incumbent reports directly to the Nurse Manager of the patient care unit/area. The staff nurse serves as a role model when functioning as team leader or charge nurse under the supervision of the Nurse Manager or designee.

Staff nurses will be assigned 12 hour shifts to include days, nights, weekends and federal holidays. The shifts/hours, and days will be TBD based upon location and facility needs. In general, staff will need to work three, 12-hour tours per week. Shifts are subject to change based on the coverage needs of the unit. Staff nurse will work the day shift from 7:30 am-8 pm or the night shift from 7:30 pm-8 am. There may be occasional overtime (over 40 hours in a week), pre-approved, at the discretion of the Nurse Manager. Contractor will have a ½ hour unpaid break each shift.

Contractors will work 7:30 am-4 pm on a weekday during their initial orientation. Typically, initial orientation lasts 2-3 days. Upon completion of initial orientation, contractor will continue to be oriented on the assigned unit according to their scheduled shifts. The VA reserves the right to move contractor staff to a differnet location depending on coverage required by the VA. Payment for any leave, including sick leave, holiday or vacation time, is the responsibility of the contractor.

0. RN - Med/Surg (Telemetry): Nurses will provide inpatient medical services to veterans with the ability to provide continuity of care from admission to discharge, an understanding of sterile technique, basic and complex nursing assessments, the ability to comprehend and administer medications, take vital signs, and document patient information into the patient’s electronic medical record. Nurses will use the nursing process, which includes in assessing, planning, implementing, and evaluating patient care for Veterans with illness that require close monitoring and at times, quick intervention. All patient care activities will be documented per VA NYHHS policy. Provides skilled nursing care to medical-surgical patients with chronic illness or disability and who are not capable of caring for themselves for an extended period of time. Is competent in reading telemetry/cardiac monitors, recognizing and responding to cardiac events as required.

1. Successful completion of proctored telemetry exam prior to EOD.

1. Able to sit at a central monitoring telemetry station to recognize cardiac arrythmias.

1. Must be familiar with IV pumps (Alaris); Hoyer lift; Pyxis systems for administering narcotics; EKG machine; code cart basics; and computer skill basics.

1. Must have active, current registration as a professional nurse in a State, District of Columbia, the Commonwealth of Puerto Rico, or a territory of the United States.

1. Education: Associate Degree in Nursing, Bachelor’s Degree in Nursing, or Master’s Degree in Nursing Graduate of a school of professional nursing approved by the appropriate State accrediting agency and accredited by one of the following accrediting bodies at the time the program was completed by the contractor:

1. The Accreditation Commission for Education in Nursing (ACEN)

1. The Commission on Collegiate Nursing Education (CCNE).

1. Experience: At least one to two years of recent work experience in medical-surgical telemetry nursing unit

1. Ability to function in a totally paperless, computerized medical facility with an electronic medical record.

1. Accreditation through the American Nurses Credentialing Center (ANCC).

1. A current BLS/ACLS certificate from the American Heart Association is required.

1. For each candidate, the vendor must provide a packet including:

1. A coversheet including the candidate’s contact information

1. A statement that the candidate is available to work three, 12- hour shifts to include weekdays, nights, weekends, or holidays

1. A statement that they can begin orientation as soon as they are cleared to work at the VA that includes any scheduling concerns

1. Resume/CV

1. Licensure and Certifications

1. BLS/ACLS Certifications

1. Documented telemetry competence (e.g., Telemetry Examination with a passing grade), if not, VA NYHHS will administer the telemetry examination.

1. Two (2) professional references

0. RN - Critical Care (ICU): Critical Care nurses service veterans with varying degrees of mental illness and co-morbidities requiring Medical and Critical Care – ICU/Stepdown interventions. Nurses will use the nursing process in assessing, planning, implementing, documenting, and evaluating patient care of veterans with illness that require close monitoring, and at times, quick intervention. All patient care activities will be documented per VA NYHHS policy. Nurses are competent in reading telemetry/cardiac monitors, recognizing and responding to cardiac events as required. Nurses coordinate and implement patient care specific to the age of the patient population served on the unit. The nurse functions both dependently and independently with guidance and direction from the Nurse Manager/designee. The nurse communicates changes in medical condition to the charge nurse and medical provider condition of patient(s). The nurse follows the polices of the VA Medical center in the provision of care.

1. Successful completion of proctored telemetry exam prior to EOD.

1. Able to sit at a central monitoring telemetry station to recognize cardiac arrythmias.

1. Education: Associate Degree in Nursing, Bachelor’s Degree in Nursing or a Master’s Degree in Nursing Graduate of a school of professional nursing approved by the appropriate State accrediting agency and accredited by one of the following accrediting bodies at the time the program was completed by the contractor:

1. The Accreditation Commission for Education in Nursing (ACEN)

1. The Commission on Collegiate Nursing Education (CCNE)

1. Nurses must have active, current registration as a professional nurse in a State, District of Columbia, the Commonwealth of Puerto Rico, or a territory of the United States.

1. Certification in Critical Care nursing accredited through the American Nurses Credentialing Center (ANCC) is preferred.

1. Experience: Two (2) years of Critical Care experience

1. Ability to function in a totally paperless, computerized medical facility with an electronic medical record.

1. A current BLS/ACLS certificate by the American Heart Association are required .

1. For each candidate, the vendor must provide a packet including:

1. A coversheet including the candidate’s contact information

1. A statement that the candidate is available to work three, 12-hour shifts to include weekdays, nights, weekends, or holidays

1. A statement that they can begin orientation as soon as they are cleared to work at the VA that includes any scheduling concerns.

1. Resume/CV

1. Licensure and Certifications

1. BLS/ACLS Certifications

1. Documented telemetry competence (e.g., Telemetry Examination with a passing grade), if not, VA NYHHS will administer the telemetry examination.

1. Two (2) professional references

3. Standards of Care: Contractors staff services shall cover the range of services as would be provided in a state-of-the-art health care treatment facility and the standard of care shall be of a quality, meeting or exceeding currently recognized national standards as established by:

1. Relevant professional societies including ANA: https://www.nursingworld.org

1. VA Standards: 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. The professional standards of the Joint Commission (TJC) http://www.jointcommission.org/emergency_department/

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 Authorities: Contract staff providing nursing services to VA patients shall be considered as part of the Department Healthcare Activity and shall comply with all applicable provisions of the following:

0. 5 U.S.C.552a (Privacy Act) http://www.gpo.gov/fdsys/pkg/USCODE-2010-title5/pdf/USCODE-2010-title5-partI-chap5-subchapII-sec551.pdf

0. 38 U.S.C. 5701 (Confidentiality of claimant’s records) http://www.gpo.gov/fdsys/pkg/USCODE-2013-title38/pdf/USCODE-2013-title38-partIV-chap57-subchapI-sec5701.pdf

0. 5 U.S.C. 552 (FOIA)

http://www.gpo.gov/fdsys/pkg/USCODE-2013-title5/pdf/USCODE-2013-title5-partI-chap5-subchapII-sec552.pdf

0. 38 U.S.C. 5705…