36C24418Q0328-003.docx

36C24418Q0328

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

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

36C24418Q0328 02-26-2018 Will Schlobohm,william.schlobohm2@va.gov 878 271 6639 03-12-2018 00244 Department of Veterans Affairs Network Contracting Office 4 william.schlobohm2@va.gov

X X 561320 $27.5 Million X N/A X VA Pittsburgh Healthcare System University Drive Pittsburgh, PA 15240

00244 Department of Veterans Affairs Network Contracting Office 4

Refer to VAAR: 852.232-72 (Electronic Submission of Payment Req)

See CONTINUATION Page This procurement is being completed in accordance with FAR 13.5. Any reference to FAR 15 is unintended and the vendor should seek clarification with the CO.

A five (5) year Indefinite Delivery Requirements Firm Fixed Price Contract will result from this solicitation.

Individual Task Orders will be issued for each period of service, contingent upon availability of VA funding.

All questions pertaining to this solicitation shall be emailed to william.schlobohm2@va.gov no later than 7 days prior to solicitation expiration date.

Contractor shall comply with all applicable wage & hour laws and is responsible for the correct wage titles.

See CONTINUATION Page Determined at Task Order level X Table of Contents

B.5 VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY.……………….21-35

B.6 PRICE/COST SCHEDULE…………………………………………………………………………

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

(continuation from Standard Form 1449, block 18A.)

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

a. CONTRACTOR: TBD

b. GOVERNMENT: Contracting Officer 36C244 William Schlobohm Department of Veterans Affairs Network Contracting Office 4 william.schlobohm2@va.gov

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

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.

Refer to VAAR: 852.232-72 (Electronic Submission of Payment Req) ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011)

This solicitation includes FAR 52.219-14 Limitations on Subcontracting. 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.

B.3 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.

B.4 PERFORMANCE WORK STATEMENT (PWS) FOR NURSING SUPPORT SERVICES IN RELATION TO REASONABLE ACCOMMODATION FOR EMPLOYEES

1. GENERAL

1.1. SERVICES REQUIRED:

The VA Pittsburgh Healthcare System (VAPHS) located at HJ Heinz Division, 1010 Delafield Road, Pittsburgh, PA 15215 is looking for a full-time personal assistant/aid for an employee as a reasonable accommodation at this station. The current need is for one employee but this contract will be open to all staff that may need similar services. We are looking for a Certified Nursing Assistant (CNA) or a Personal Care Assistant (PCA) who is a registered CNA with the State of Pennsylvania.

The contractor(s) shall provide the VA Pittsburgh Healthcare System (VAPHS), UD Division, University Drive, Pittsburgh, PA 15240 and/or HJ Heinz Division, 1010 Delafield Road, Pittsburgh, PA 15215 with personal and administrative support services of appropriately qualified candidates to perform the requirements of this contract. “Appropriately qualified” is defined as a nursing support professional providing services under this contract who is licensed. Contractor personnel will provide appropriate, effective interventions to individual needs according to established facility policies, safety standards and procedures as described at the orientations and trainings conducted by VAPHS Nurse Education.

CNA resumes shall be included in all offers. CNA phone interviews will be conducted as part of the comparative evaluation of offers. (Refer to “Additional Instructions to Offers” for more information, pages 58-59).

1.2. SERVICES PROVIDED:

CERTIFIED NURSING ASSISTANT

The Contract Certified Nursing Assistant (CNA) with minimal monitoring by a Registered Nurse (RN) provides basic, appropriate, effective interventions to individual employee needs according to established facility policies, safety standards and procedures. The contract CNA refers to the professional RN when deviations and problems not covered in the assignment occur. The contract CNA anticipates the needs of professional staff and works with them as a team member.

Based on the personal nature of some of these tasks the gender of the CNA personnel performing these functions will need to be considered and dependent upon the comfort level of the employee using these services. For this particular need, female candidates are strongly preferred. To fully accommodate the comfort level(s) of employee(s) using these services, all genders of CNA personnel shall be available and on stand-by, in the event an employee is not comfortable with the gender of the CNA provided.

Core Duties of the Personal Assistant will include but are not limited to the following:

· Escorting/helping only the employee with toileting and grooming:

· Ensuring that the toilet seat is clean prior to use

· Removing the employee’s seatbelt

· Assisting the employee with standing by placing the employee’s arms around your neck and holding the employee by the waist at the same time you are blocking the employee’s knees with your own in order to prevent them from buckling

· Removing the bottom portion of clothing

· Remove and place on top of the wheelchair’s cushion seat the incontinence pad

· Pivoting employee until safely seated on the toilet

· Reposition the employee to ensure that the employee is appropriately and comfortably seated on the toilet

· Allowing the employee personal space to empty bowel and/or bladder by leaving the room and closing the door

· Returning to the employee once you are called back

· Open the employee’s personal backpack to access the necessary hygiene products needed

· Wipe gently the private part(s) involved with the wet wipes, use as many wipes as needed, until they come out clean

· Pivoting the employee back to the wheelchair

· Assisting the employee with standing by placing the employee’s arms around your neck and holding the employee by the waist at the same time you are blocking the employee’s knees with your own in order to prevent them from buckling

· Place the incontinence pad and pull the clothes back up

· Lower the employee back to the chair

· Repositioning appropriately by pulling the employee by the back of the pants with both hands. If the employee is wearing a skirt or a dress then the repositioning will be done by pulling the employee up under the arms

· Putting the seatbelt back on

· Assisting the employee with hand washing

· When requested, assisting the employee with bushing hair

· Ensuring to always keep the employee’s dignity while providing personal assistance

· Opening and closing doors for the employee.

· Chair repositioning for the employee.

· Lifting only the employee as needed.

· Putting on a sweater or jacket for the employee only.

· Reaching for items as needed for the employee.

· Getting beverages for the employee and getting food and beverages for patients during Special Events with the employee’s presence. The employee is responsible for not only coordinating special events in the unit such as Birthday Celebrations, Holiday Parties and Concerts but is also responsible for passing the food and drinks to patients according to their diet restrictions and aspiration precautions.

· Filing as needed, but not permitted to have access to Privacy Personal Identifiable Information (PII.)

· Keeping work-space organized so that employee is able to work without interruption.

· Preparing and assisting during group activities or individual sessions by setting up room, passing out papers or other paraphernalia as needed for group activities or individual sessions.

· Personal Assistant is not to escort the veterans without the employee’s presence; the Personal Assistant is here to assist the employee.

· Personal Assistant is not permitted to have access to any medical documentation or PII.

· Retrieve mail, but not permitted to open any medical documentation or PII on veterans.

· Assisting with the preparation of the orientation boards, bulletin boards and unit decorations.

· Assisting with the freezer and refrigerator logs as well as keeping the items inside up-to-date and discarding those that have expired.

· Accompanying employee during community reintegration outings.

These activities will be monitored in accordance with VHA and VAPHS regulations.

1.3. PLACE OF PERFORMANCE: On-site VA Pittsburgh Healthcare System (VAPHS) UD Division, University Drive, Pittsburgh, PA 15240 and/or HJ Heinz Division, 1010 Delafield Road, Pittsburgh, PA 15215 or off-site in the local Pittsburgh area for meetings.

1.4. AUTHORITY:

Title 38 USC 8153/ VA Directive 1663

1.5. DEFINITIONS/ACRONYMS:

DEFINITIONS:

1.5.1. CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or services to the government. The term used in this contract refers to the prime contractor.

1.5.2. CONTRACTING OFFICER. A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

1.5.3. CONTRACTING OFFICER’S REPRESENTATIVE (COR). An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

1.5.4. KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

1.5.5. QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

1.5.6. QUALITY ASSURANCE SURVEILLANCE PLAN (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

1.6. ACRONYMS:

ACLS - Advanced Cardiac Life Support BLS – Basic Life Support CIO- Chief Information Officer CMS – Centers for Medicare & Medicaid Services CO – Contracting Officer COR – Contracting Officer’s Representative CPRS – Computerized Patient Record FAR – Federal Acquisition Regulation FTEE – Full Time Employee Equivalent HIPB – Health Integrity and Protection Board HIPPA – Health Insurance Portability and Accountability Act of 1996 ISO – Information Security Officer NCQA - National Council of Quality Assurance NPDB – National Practitioner Data Bank QA – Quality Assurance QASP – Quality Assurance Surveillance Plan SCIP - Surgical Care Improvement Project TJC - The Joint Commission VA- Veteran Administration VAPHS – Veteran Administration Pittsburgh Healthcare System VISTA – Veterans Health Information and Technology Architecture

2. QUALIFICATIONS:

2.1. Staff/Facility

2.1.1. License:

Personnel assigned by the Contractor to perform the services covered by this contract shall be licensed in a State, Territory, or Commonwealth of the United States or the District of Columbia. All licenses held by the personnel working on this contract shall be full and unrestricted licenses. 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 any of the Contractor’s personnel and refuse them permission to provide services under this contract.

2.1.2. Standard Personnel Testing CONTRACTOR EMPLOYEE HEALTH SCREENINGS AND IMMUNIZATIONS:

a. It is the responsibility of the Contractor to provide annual tuberculosis screenings for contract employees providing services under this Contract and to report new conversions to positive PPD or to report new symptoms related to tuberculosis, if previously positive PPD, to the VAPHS Employee Health Section within ten (10) working days.

b. It is the responsibility of the Contractor to provide appropriate immunizations, including Hepatitis B vaccine, as indicated for health care workers with potential exposure to blood or body fluids, for contract employees providing services under this contract.

c. The Contractor must provide documentation of compliance for all personnel performing services under this agreement:

• Documentation of current Hepatitis B Vaccination or declination

• Documentation of MMR vaccination or declination

• Documentation of current varicella vaccination or declination

• Documentation of current Tetanus Toxoid within 10 years of orientation

• Hepatitis C baseline

• Documentation of 2-step PPD Testing with the 2nd test within 90 days of orientation AND within 9 months of the first test. Personnel with a positive test result need a survey questionnaire done within 90 days of orientation and annually thereafter as well as a chest X-ray taken post positive PPD but prior to starting work at the VAPHS. T-spot testing or Gold interferon testing within 90 days of orientation are acceptable alternatives.

• Newly issued VHA Directive 1192 requires all health care personnel (HCP) to participate in the seasonal influenza prevention program and outlines the key implementation steps. Health care personnel is defined in VHA Directive 1192 as all VA licensed and unlicensed, clinical and administrative, paid and unpaid, full- and part-time employees, intermittent employees, fee basis employees, VA contractors, students, researchers, volunteers, and trainees who work in VHA locations. HCP covered by the policy are expected to receive annual influenza vaccination. Those HCP unable or unwilling to be vaccinated are required to wear a face mask throughout the influenza season. Masks are available at entrances throughout the medical center.

It is the responsibility of the contractor to ensure that all contract staff are compliant with the requirements outlined in VHA Directive 1192. The contractor shall maintain the following documentation:

The contractor is required to submit annual certification to the Contracting Officer’s Representative (COR) that all contract staff performing services at VA facilities are in compliance with VHA Directive 1192.

The Contractor Health Requirements Checklist shall be completed for each Contract employee providing services under this Contract and forwarded to the Contracting Officer’s Representative prior to work start. This and additional information (see section 2.5) will be incorporated into the VA Orientation file that is prepared for each contract employee prior to their starting work at the VAPHS. The requirements for the orientation file change from time to time to reflect new standards or improved efficiencies within the VAPHS. The contractor will be notified in writing or e-mail by the CO or COR of new or changed requirements.

2.1.3. Conflict of Interest:

The services to be performed by the Contractor will be performed in accordance with VA policies and procedures and the regulations of the Medical Staff Bylaws of the VA facility. Section D, VHA Handbook 1660-3, Conflict of Interest Aspects of Contracting for Scarce Medical Specialist Services, Enhanced Use Leases, Health Care Resource Sharing, Fee Basis and Intergovernmental Personnel Act Agreements (IPAs).

VHA Handbook 1660.3, “Conflict of Interest Aspects of Contracting for Scarce Medical Specialist Services, Enhanced Use Leases, Health Care Resource Sharing, Fee Basis and Intergovernmental Personnel Act Agreements (IPAs),” dated September 22, 2008, is incorporated into this Contract by reference. Any VA employee who is employed by the Contractor is prohibited from participating, on behalf of the Government, in a VA contract with the Contractor.

2.1.4. Citizenship related Requirements:

CONTRACTOR CERTIFICATION (IMMIGRATION):

The Contractor shall comply with all applicable immigration laws, rules and regulations, including but not limited to the Immigration and Nationality Act of 1952, as amended and shall prior to performance under this Contract execute the Contractor Certification (Attachment#) incorporated herein.

2.1.5. Annual Office of Inspector General (OIG) Statement:

HEALTH AND HUMAN SERVICES (HHS)/OFFICE OF INSPECTOR GENERAL (OIG): To ensure that the individuals providing services under the Contract have not engaged in fraud or abuse regarding Sections 1128 and 1128A of the Social Security Act regarding federal health care programs, the Contractor is required to check the HHS - OIG, List of excluded individuals/entities on the OIG Website www.hhs.gov/oig for each person providing services under this contract. Further, the Contractor is required to certify in its proposal that all persons listed in the Contractor’s proposal have been compared against the OIG list and are not listed. During the performance of this contract, the Contractor is prohibited from using any individual or business listed on the List of Excluded Individuals/Entities.

2.2. TECHNICAL DIRECTION:

The services to be performed by the Contractor will be monitored by the Contracting Officer’s Representative (COR) Sallie Gray (Financial Management Services, Management Analyst).

2.3. NON PERSONAL SERVICES

2.3.1. No Employee status:

The parties agree that the Contractor, its employees, agents, and subcontractors shall not be considered VA employees for any purpose.

Personnel Policy: The Contractor shall be responsible for protecting the personnel furnishing services under the contract. To carry out the responsibility, the contractor shall provide the following for these personnel:

· Worker’s compensation

· Professional liability insurance

· health examination

· income tax withholding

· social security payments

2.3.2. TORT:

TORT CLAIMS: Contractor Nursing and Nursing Support Services personnel are not covered by the Federal Tort Claims Act.

2.4. KEY PERSONNEL AND EMERGENCY SUBSTITUTIONS:

KEY PERSONNEL AND TEMPORARY EMERGENCY SUBSTITUTIONS:

a. The Contractor must have a pool of individuals from which to choose to always provide service. Substitutions in personnel are allowed however continuity of care is preferred. Unusually high turnover of staff will be addressed within the QASP.

b. For permanent substitutions: The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitution and complete Curriculum Vitae for the proposed substitute. Proposed substitute shall have comparable qualifications to those of the person being replaced. The Contracting Officer shall notify the Contractor within fifteen (15) calendar days after receipt of all required information of the decision on the proposed substitution. When changes in key personnel are approved, the contract prices may be adjusted accordingly to reflect the salary and benefits of the personnel actually providing the services.

c. For temporary substitutions where the key person will not be reporting to work for three (3) consecutive work days or more due to illness or vacation: The Contractor will provide a qualified replacement for the key person from the personnel pool. This substitute shall have comparable qualifications to the key person. Any period exceeding two (2) weeks will require the procedure as stated in paragraph b. above.

2.5. ADDITIONAL REQUIRED QUALIFICATIONS

In addition to the immunizations mentioned in section 2.1.2, the vendor will also include, at their expense, in the orientation file for each employee, the following information

Name:

Position:

Projected/Requested work area E-Mail of Credential Review Completed:

Background Check (within 90 days) Physical - Proof of physical exam upon candidate’s selection (include VA provided template) PPD (2-step within 90 days) Chest X-Ray & Questionnaire for Hx positive PPD CPR Card (American Red Cross, American Heart Association, or the Military Network) Flu or Declination with copy of Appendix B (attached at the bottom of this document) Hepatitis B or Declination MMR or Declination Varicella or Declination Hepatitis C or Declination Tetanus (within 10 years) Facility Staffing Guide (FSG) OSHA Exam Minimum work/Training Requirement

Current Resume or current employment history for all candidates

3. Hours of Operation:

3.1. Business Hours: 24 hours per day, 7 days a week or as required.

3.1.1. Work Schedule:

WORK HOURS: The work hours required for the current positions are Sunday through Thursday, 8a -4:30p (8.5 hour shift), some Federal Holidays will be needed. A 30 minute, unpaid, lunch break is included in each shift. Each shift has two 15 minute paid breaks. Personnel may not work through lunch unless due to an unavoidable workload need. Justification will need to be provided to the COR for review and approval.

It is possible for other employees in the future to need 8.5 hour shifts, 24 hours a day, seven days a week, including Federal Holidays with actual work schedules to be mutually agreed upon by Contractor and VA based on employee care needs.

a. The services covered by this contract shall be furnished by the Contractor as defined herein.

3.1.2. Federal Holidays:

The following terms have the following meanings:

National Holidays: The ten (10) holidays observed by the Federal Government are:

New Year’s Day Martin Luther King’s Birthday Presidents Day Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Christmas AND

Any other day specifically declared by the President of the United States to be a national holiday.

3.2. Cancellation Policy: Requirements for cancellation (if any). Statement covering impact.

Cancellation on the part of the contractor will have serious ramifications in that the person(s) they will be supporting will not be able to work until a replacement is found. A pool of candidates must be available in the event that one or multiple staff are unable to work on a needed day to cover the shift. In the event, no one can be found to cover the shift; the federal government must be given 2 hours’ notice.

4. CONTRACTOR RESPONSIBILITIES

4.1. SERVICES REQUIRED: Nursing Support Services

4.2. STANDARDS OF PRACTICE: Contractor shall be responsible for meeting or exceeding VA and Joint Commission (or equivalent) standards.

Timekeeping: Contractor personnel will be required to sign in and out every day. This will be validated by a VAPHS employee. The COR will make unannounced onsite audits periodically. Copies of the timesheets will be provided to the COR who will use them to validate electronic invoices for the given month.

All personnel performing services for the Contractor under this contract must be appropriately, completed background check investigations, licensed or credentialed and privileged by the VAPHS and shall abide by the Medical Staff Bylaws, VA regulations and policies, Customer Service Standards, and Patient and Nursing Home Resident Rights and Responsibilities. These documents are available on the VAPHS SharePoint site at: https://vaww.visn4.portal.va.gov/pittsburgh/home/KC/Documents/Forms/MCMCategory.aspx. Copies will be provided upon request.

Veterans Health Administration (VHA) publications are available at http://www1.va.gov/vhapublications/searchresults/cfm and VA publications are available at http://www1.va.gov/vapubs/index.cfm; Customer Service Standards are available in VHA Directive 2006-041, Veterans Health Care Service Standards dated June 27, 2006, at http://www1.va.gov/vhapublications/ViewPublication.asp?pub ID=1443; and Patient and Nursing Home Resident Rights and Responsibilities are available at http://www.patientadvocate.va.gov/Rights.asp.)

The Contractor will be responsible for meeting all quality standards set forth in the most current The Joint Commission Manual for Hospitals, and for compliance with The Centers for Medicare and Medicaid Services (CMS) guidelines, and other applicable VA quality measures. Outcomes from contractor employee specific data collection, peer review activities, and the patient compliment/complaint process will be used in the performance improvement process, and considered at the time of re-privileging.

d. All personnel providing services under this contract shall speak and write English proficiently.

e. The Contractor shall meet or exceed all The Joint Commission and National Council of Quality Assurance (NCQA) standards including, but not limited to patient rights, staff competence, infection control, ongoing organizational performance, patient education, information management, and VAPHS performance measures. The contractor is responsible for achieving levels of performance for patient care management as outlined in the current Network Performance Plan and Performance Measurement Technical manual which can be accessed at:

http://vaww.oqp.med.va.gov/oqp_services/performance_measurement/tech_man.asp#TablesTM. Revisions/updates may be obtained from the above website

f. The Contractor and patient care services provided shall be included in VAPHS data collection activities related to satisfaction.

4.3. THE JOINT COMMISSION AND OTHER SPECIAL REQUIREMENTS:

a. The Contractor will be responsible to ensure that Nursing Support Services personnel providing work on this contract are fully trained and completely competent to perform the required work.

b. Although this contract does not require The Joint Commission accreditation or other regulatory requirements regarding worker competency, the Contractor must perform the required work in accordance with The Joint Commission or equivalent standards. The Contractor is required to provide a current performance evaluation (proficiency or competency) on each person providing services under the contract. The Contractor will provide current copies of the performance evaluations at the time of contract award and annually on the anniversary date of contract award to the VA Contracting Officer, or upon request.

VAPHS will provide the vendor an initial list of minimum skills, qualifications and experience for each position. VAPHS will provide updates to the vendor as they occur.

c. The Contractor will provide and document a general orientation for all Contractor personnel who provide work on this contract before commencement of work. VA will provide the content of the orientation to the Contractor at the time of contract award. VA must approve the testing process. Documentation of the orientation will be provided to the Contracting Officer. This orientation will include, as a minimum, the following topics:

Fire and safety policy and procedure Infection control policy and procedure Emergency Preparedness/Disaster policy and procedure

d. The vendor will submit names and paperwork of potential orientation candidates via fax or secure email. Sallie.Gray@va.gov or Fax #412-822-1206.

If the contracted personnel are new to VAPHS, he or she must also attend an Orientation session conducted by Service Line Representative. This orientation takes one to three days and is scheduled monthly through the contracting agency in coordination with Service Line Representative.

e. The VA will monitor the Contractor personnel’s work to ensure contract compliance.

f. From time to time, the VAPHS will require training for contract employees. The nature of the training varies. VAPHS will pay for required training either based on the hours worked and submitted via the electronic time keeping system or via submission of TMS 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 time expended completing the course. Copies of all completed training will be provided to the COR as they occur.

g. Notwithstanding other contract requirements, upon request of the Contracting Officer, the Contractor will remove from the work site, any Contractor personnel who does not comply with orientation requirements or meet competency requirements for the work being performed.

Vendor employees who do not maintain their training currency via the VA Talent Management System (TMS) will be placed into a Do Not Return (DNR) status. This is permanent. Vendor may move an employee from an active to inactive role, for a minimum of 30 days, prior to expiration of their training to avoid the DNR.

Vendor employees may also be placed on the DNR list because of failure to properly perform their duties, repeated tardiness or lateness, or insubordination. These will be substantiated through the VA Report of Contact (ROC) process.

Official notification of the DNR status will come from the Contracting Office (CO) or Contracting Officer Representative (COR). The vendor will accept an e-mail notification from the employee or the employee’s supervisor as a temporary request to remove a contract employee from the work schedule pending further discussions with the CO or COR.

h. Vendor will maintain current resumes or work histories of all employees.

i. Vendor will schedule work for their employees based on requirements given by VAPHS. These requirements will normally be given 1 – 2 weeks in advance but could be same day or a matter of hours. For notifications less than 24 hours, the fill or non-fill will not be counted as a performance metric.

VAPHS will provide at least 2 hours of notice for cancellations. If the VAPHS does not provide the two hour minimum, the VAPHS will pay for 4 hours at the normal pay rate for Time and Trouble.

j. The process to bring a contract employee is complex. The process is also constantly changing due to changes in technology and security requirements. During the post award conference, the CO and COR will work with the vendor to explain the process. Vendor will develop internal processes to work within the VAPHS hiring process. As a minimum, his will involve vendor created orientation packets, vendor coordination with VAPHS agencies for finger prints and Personal Identity Verification (PIV) cards, and vendor coordination for training and orientation.

k. Where the contract does not require The Joint Commission accreditation or other regulatory body requirements, the Contractor must perform the required work in accordance with The Joint Commission or equivalent standards. A copy of these standards may be obtained from The Joint Commission, One Renaissance Blvd., Oakbrook Terrace, IL 60181.

4.4. MEDICAL RECORDS

4.4.1. Authorities: None

4.4.2. HIPPA:

PROTECTED HEALTH INFORMATION (PHI): Contractor must adhere to the provisions of Public Law 104-191, Health Insurance Portability and Accountability Act (HIPPA) of 1996 and the National Standards to Protect the Privacy and Security of Protected Health Information.

Contractor employees are required to complete the online training classes entitled “VA Privacy and Information Security Awareness and Rules of Behavior” and “HIPAA and Privacy Training.” The necessary link and instructions to gain access are found at https://www.ees-learning.net/librix/loginhtml.asp?v=librix. A Certificate of successful completion will be generated for each course. Copies of the certificates shall be e-mailed to the COR. Completion of these training courses is required on an annual basis based on the VA’s fiscal year.

4.4.3. Disclosure:

If deemed required under this agreement, the Contractor shall be considered part of the Department of Veterans Affairs (VA) for purposes of 38 U.S.C. §§ 5701 and 7332. Its employees may have access to patient medical records to the extent necessary to perform this contract. Notwithstanding any other provision of this agreement, the Contractor and its employees may disclose patient records and individually-identified patient information, including information and records generated by the Contractor in performance of this agreement, only pursuant to explicit disclosure authority from VA.

If deemed required under this agreement, the database utilized by the Contractor, the adverse drug event reports provided to the Contractor by VA, and documents created from analyzing this database, the adverse drug event reports, and patient medical records are medical quality assurance records protected by 38 U.S.C. § 5705, its implementing regulations at 38 U.S.C. §§ 17.500-.511 and VHA Directive 2002-043, Quality Management (QM) And Patient Safety Activities That Can Generate Confidential Documents. These records may be disclosed only as authorized by § 5705 and the VA regulations. Disclosure of these records in violation of § 5705 is a criminal offense under 38 U.S.C. § 5705(e).

4.5. PERFORMANCE STANDARDS, QUALITY ASSURANCE AND QUALITY IMPROVEMENT

4.5.1. : The Quality Assurance and Surveillance Plan (QASP) outlines required standards and will be a part of the resultant contract.

REGISTRATION WITH CONTRACTOR PERFORMANCE (CPS):

(a) As prescribed in Federal Acquisition Regulation (FAR) Part 42.15, the Department of Veterans Affairs (VA) evaluates Contractor past performance on all contracts that exceed $100,000, and shares those evaluations with other Federal Government Contract Specialists and procurement officials. The FAR requires that the Contractor be provided an opportunity to comment on past performance evaluations prior to each report closing. To fulfill this requirement VA uses an online database, the Contractor Performance System (CPS), which is maintained by the National Institutes of Health (NIH). The CPS database information is shared with the Past Performance Information Retrieval System (PPIRS) database, which is available to all Federal agencies.

(b) Each Contractor whose contract award is estimated to exceed $100,000 is required to register with the NIH CPS database at the following web address: https://cpscontractor.nih.gov. Help in registering can be obtained by contacting CPS Support E-mail (cps-support-l@list.nih.gov) or by calling (301) 451-2771. Registration should occur no later than thirty days after contract award, and must be kept current should there be any change to the Contractor’s registered representative.

(c) For contracts with a period of one year or less, the Contracting Officer will perform a single evaluation when the contract is complete. For contracts exceeding one year, the Contracting Officer will evaluate the Contractor’s performance annually. Interim reports will be filed each year until the last year of the contract, when the final report will be completed. The report shall be assigned in CPS to the Contractor’s designated representative for comment. The contractor representative will have thirty (30) days to submit any comments and re-assign the report to the VA Contracting Officer.

(d) Failure to have a current registration with the NIH CPS database, or to re-assign the report to the VA Contracting Officer within those (30) days, will result in the Government’s evaluation being placed on file in the database with a statement that the Contractor failed to respond.

5. GOVERNMENT RESPONSIBILITIES

5.1. OVERSIGHT OF SERVICE/PERFORMANCE MONITORING (CONTRACT ADMINISTRATION IF NOT ALREADY LISTED IN ANOTHER AREA- I.E. IN SECTION B):

The services to be performed by the Contractor will be monitored by the Contracting Officer’s Representative (COR) Sallie Gray (Fiscal Service Line Management Analyst).

CONTRACT PERFORMANCE MONITORING:

Record-Keeping Monitoring System: A monitoring system is established for verification of actual hours worked by Contractor employees. The delegated COR, Sallie Gray, Management Analyst of the Fiscal Service Line is the VA official responsible for verifying contract compliance. She will tabulate hours worked utilizing sign-in/sign-out log book and other methods of documentation deemed appropriate for this purpose. Failure of Contractor employees to utilize the sign-in sign-out log book to properly document attendance may result in nonpayment for on-site hours which cannot be verified.

5.2. VA SUPPORT PERSONNEL, SERVICES OR EQUIPMENT:

Other necessary personnel for the operation of the services contracted for at the VA will be provided by the VA at levels mutually agreed upon which are compatible with the safety of the patient and personnel and with quality medical care programming.

6. SPECIAL CONTRACT REQUIREMENTS:

Under the authority of Public Law 104-262 and 38 USC 8153, the contractor agrees to provide Nursing Support Services personnel and services in accordance with the terms and conditions stated herein, to furnish to and at the VA Pittsburgh Healthcare System (VAPHS), the services and prices specified in the Section entitled Schedule of Services and Prices/Costs of this contract.

SERVICES:

The services specified in the Sections entitled Schedule of Services and Prices/Costs and Special Contract Requirements may be changed by written modification to this contract. The modification will be prepared by the VA Contracting Officer.

Other necessary personnel for the operation of the services contracted for at the VA will be provided by the VA at levels mutually agreed upon which are compatible with the safety of the patient and personnel and with quality medical care programming.

The services to be performed by the Contractor will be performed in accordance with VA policies and procedures and the regulations of the Medical Staff Bylaws of the VA facility. Section D attachment # VHA Handbook 1660-3, Conflict of Interest Aspects of Contracting for Scarce Medical Specialist Services, Enhanced Use Leases, Health Care Resource Sharing, Fee Basis and Intergovernmental Personnel Act Agreements (IPAs).

6.1. BILLING:

INVOICES:

a. Invoices shall be submitted in arrears, monthly. The contractor will submit invoices covering the services performed under this contract. Hours billed for, but not sufficiently documented will not be reimbursed. The contractor will be paid actual hours worked. Invoices will contain total hours worked for the month and the associated price. Sums due the Contractor will be paid monthly in arrears upon receipt of a properly prepared invoice. The invoices will contain the following information:

Invoice number

Total Amount Due

It is understood that by submission of its invoice, the contractor represents in good faith that all services being billed have been provided in accordance with contract requirements.

Additionally, the vendor will provide the invoice data in one or more Excel spreadsheets as specified by the COR.

The Contractor shall accept payment for services rendered under this contract as payment in full and will not bill the employee his or her third party insurer for any services covered under this contract or for additional services for which the VA pays the contractor outside this contract.

GOVERNMENT INVOICE:

a. Invoices shall be certified by the Contracting Officer’s Representative (COR). Payment will be made upon certification of invoice. All invoices from the Contractor shall be submitted electronically through the OB-10/IPPS system.

b. The Department of Veterans Affairs’ VA Financial Service Center (FSC) is the designated agency office for invoice receipt in accordance with the Prompt Payment Act (5 CFR 1315). FSC or its designated representative may contact the vendor to provide specific instructions for electronic submission of invoices. The vendor shall be responsible for any associated expenses. FSC may utilize third-party Contractors to facilitate invoice processing. Prior to contact by FSC or its designated representative for electronic invoicing submissions, the vendor shall continue to submit all invoices to FSC at the above mailing address.

B.5 VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE

1. GENERAL

Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.

2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

a. A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order.

b. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.

c. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor’s employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination.

6.1.1. VA INFORMATION CUSTODIAL LANGUAGE:

VA INFORMATION CUSTODIAL LANGUAGE

a. Information made available to the contractor or subcontractor by VA for the performance or administration of…