36C24418Q9116-000.docx

FedBizOpps Sources Sought Notice

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* = Required Field FedBizOpps Sources Sought Notice Rev. March 2010 Q Nursing Support Services in relation to a Reasonable Accommodation Assistant/Personal Aid/Personal Assistant for the VA Pittsburgh Healthcare System 16001 36C24418Q9116 02-07-2018 N 812199 Department of Veterans Affairs Network Contracting Office 4 William.Schlobohm2@va.gov VA Pittsburgh Healthcare Systems (VA) (refer to continuation pages 2-28 for more information)

GENERAL INFORMATION FOLLOWED BY A TENTATIVE STATEMENT OF WORK

NOTICE: This is not a solicitation but rather a Request for Information (RFI) (Sources Sought) to determine capability of potential sources and is for information and planning purposes only. This sources sought also proposes questions to the market to gain additional information (questions for the market are below sample/tentative statement of work).

Veterans Health Affairs, Network Contracting Office 4, is issuing this request for information/sources sought notice in order to identify capable firms to perform the Nursing Support Services in relation to a Reasonable Accommodation Assistant/Personal Aid/Personal Assistant for the VA Pittsburgh Healthcare System.

Responses must be submitted by February 07, 2018. Submit responses to the information requested above via email to william.schlobohm2@va.gov . All SDVOSB and VOSB firms that respond shall include proof of CVE certification via www.vip.vetbiz.gov. All small business firms that respond shall include proof of small business status via their Representations and Certifications in accordance with (FAR 4.1102 Policy). While SDVOSB/VOSB contractors are preferred, all capable contractors are welcome to respond to this sources sought notice for market research purposes, and shall include as part of their response a brief capability statement that covers the information in the following tentative statement of work, as well as answer/feedback to the proposed questions below (to help us better define and shape our need).

The results of this market research will assist in the development of (1) the requirement/need, and (2) the acquisition strategy (e.g., socioeconomic set-aside, full and open competition, etc.). VA assumes no responsibility for any costs incurred associated with the preparation of responses.

SAMPLE / TENTATIVE STATEMENT OF WORK (BELOW)

VA PITTSBURGH HEALTHCARE SYSTEM

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 who may need similar services. The duties are as needed as listed below and can be possibly fulfilled by a variety of professional services. This PWS is a tentative PWS and was written using the certified nursing assistant as a template as this position seemed to fit the best; however, we are asking the market to share any other positions that may serve this need. We are open to suggestions from qualified vendors.

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.

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 personnel performing these functions will need to be considered and dependent upon the comfort level of the employee using these services.

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

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

· 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

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.

1.5.7. SUBCONTRACTOR. One that enters into contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

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 Years 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 is 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.

6.2. CONTRACTOR SECURITY REQUIREMENTS (HANDBOOK 6500.6)-

6.2.1. VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE:

MARCH 12, 2010 VA HANDBOOK 6500.6

APPENDIX C

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE FOR

INCLUSION INTO CONTRACTS, AS APPROPRIATE

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.

6.2.2. 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 this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1).

b. Prior to termination or completion of this contract, contractor/subcontractor must not destroy information received from VA, or gathered/created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract.

c. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract.

d. The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed.

e. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12.

f. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA’s prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response.

g. Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response.

Act of 1974, (as amended), Public Law 93-579, December 31, 1974 (5 U.S.C. 552a) and applicable agency regulations. Violation of the Privacy Act may involve the imposition of criminal and civil penalties.

6.2.3. SECURITY INCIDENT INVESTIGATION:

SECURITY INCIDENT INVESTIGATION

a. The term “security incident” means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/subcontractor shall immediately notify the COTR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access.

b. To the extent known by the contractor/subcontractor, the contractor/subcontractor’s notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant.

6.2.4. LIQUIDATED DAMAGES FOR DATA BREACH:

LIQUIDATED DAMAGES FOR DATA BREACH

a. Consistent with the requirements of 38 U.S.C. §5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract.

b. The contractor/subcontractor shall provide notice to VA of a “security incident” as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination.

c. Each risk analysis shall address all relevant information concerning the data breach, including the following:

(1) Nature of the event (loss, theft, unauthorized access);

(2) Description of the event, including:

(a) date of occurrence;

(b) data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code;

(3) Number of individuals affected or potentially affected;

(4) Names of individuals or groups affected or potentially affected;

(5) Ease of logical data access to the lost, stolen or improperly accessed data in light of the degree of protection for the data, e.g., unencrypted, plain text;

(6) Amount of time the data has been out of VA control;

(7) The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons);

(8) Known misuses of data containing sensitive personal information, if any;

(9) Assessment of the potential harm to the affected individuals;

(10) Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; and

(11) Whether credit protection services may assist record subjects in avoiding or mitigating the results of identity theft based on the sensitive personal information that may have been compromised.

d. Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the VA liquidated damages in the amount of $37.50 per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following:

(1)Notification;

(2) One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports;

(3) Data breach analysis;

(4) Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution;

(5) One year of identity theft insurance with $20,000.00 coverage at $0 deductible; and

(6) Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs.

6.2.5. SECURITY CONTROLS COMPLIANCE TESTING

6.2.6. CONTRACTOR SECURITY INVESTIGATION REQUIREMENTS:

CONTRACTOR PERSONNEL SECURITY REQUIREMENTS:

a. All Contractor Nursing and Nursing Support Services personnel who require access to the Department of Veterans Affairs’ computer systems shall be the subject of a background investigation. This requirement is applicable to all subcontractor personnel requiring the same access.