36C24419Q0665-001.docx

36C24419Q0665

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

36C24419Q0665 08-05-2019 Maureen Jordan / Maureen.Jordan@va.gov 215-823-5800 x6855 08-14-2019

1:00 PM EST

00244 Department of Veterans Affairs Network Contracting Office 4 100 S. Independence Mall West 5th Floor Philadelphia PA 19106 X 621999 $15 Million N/A X James E.

Van Zandt VA Medical Center 2907 Pleasant Valley Blvd.

Altoona PA 16602-4305 00244 Department of Veterans Affairs Network Contracting Office 4

Austin Payment Center

PO Box 149971 Austin TX 78714-9971

(877) 353-9791

(512) 460-5429 See CONTINUATION Page The Department of Veterans Affairs in Altoona, PA require a Contractor to provide Registered Nurses (RNs) on call to perform Pheripherally Inserted Central Catheter (PICC) insertions in accordance with the attached Performance Work Statement.

Period of Performance will be one base year with four, one year option periods. This procurement is being competed in accordance with FAR 13.5. Anticipated period of performance for the base year to start 8/26/19 through 8/25/20.

If you are submitting a proposal and are a Service Disabled Veteran Owned small business, please ensure you are registered in the Vendor Information Pages before submitting your proposal. The website is https://www.vip.vetbiz.va.gov A single source IDIQ contract will be awarded from this solicitation.

See CONTINUATION Page X Maureen Jordan

NCO415L3-0823

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C244 Maureen Jordan

Network Contracting Office 4 100 S. Independence Mall West 5th Floor Philadelphia PA 19106

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.

Austin Payment Center Department of Veterans Affairs PO Box 149971 Austin TX 78714-9971

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

MINIMUM GUARANTEE AND MAXIMUM ORDERNG AMOUNTS

The minimum (guaranteed) ordering amount on the contract is $1,000.00. The total amount of all orders issued during the effective period of this contract will not exceed $100,000.00. The quantities in B.2 PRICE/COST SCHEDULE are estimated. The Government is not obligated to order the items at the quantities listed in the B.2 PRICE/COST SCHEDULE.

ORDERS - All work performed under this IDIQ contract shall only be performed by the contractor via government issued orders awarded against the subject IDIQ contract. The process will be initiated by the government notifying the contractor that work is required. Following notification of work being required, an order will be issued to the contractor stating the quantity of PICCs required.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Contractor to provide Registered Nurses and all necessary equipment, supplies, tubing, etc. to perform Peripherally Central Catheter (PICC) insertions on-site at the Altoona VAMC.

Monday through Friday - 7:00 AM. - 7:00 PM

Period of Performance (POP) to be determined upon award. Base period is for one year from date of award.

Contract Period: Base POP Begin: 08-26-2019 POP End: 08-25-2020

Contractor to provide Registered Nurses and all necessary equipment, supplies, tubing, etc. to perform Peripherally Central Catheter (PICC) insertions on-site at the Altoona VAMC.

Weekends 7:00 AM – 3:00 PM

Contract Period: Base

Contractor to provide Registered Nurses and all necessary equipment, supplies, tubing, etc. to perform Peripherally Central Catheter (PICC) insertions

Holidays - 7:00 AM. - 3:00 PM Contract Period: Base

Contractor to provide Registered Nurses and all necessary equipment, supplies, tubing, etc. to perform Peripherally Central Catheter (PICC) insertions on-site at the Altoona VAMC.

Contract Period: Option 1 POP Begin: 08-26-2020 POP End: 08-25-2021

Contractor to provide Registered Nurses and all necessary equipment, supplies, tubing, etc. to perform Peripherally Central Catheter (PICC) insertions on-site at the Altoona VAMC.

Contract Period: Option 1

Contractor to provide Registered Nurses and all necessary equipment, supplies, tubing, etc. to perform Peripherally Central Catheter (PICC) insertions on-site at the Altoona VAMC.

Contract Period: Option 1

Contractor to provide Registered Nurses and all necessary equipment, supplies, tubing, etc. to perform Peripherally Central Catheter (PICC) insertions on-site at the Altoona VAMC.

Contract Period: Option 2 POP Begin: 08-26-2021 POP End: 08-25-2022

Contractor to provide Registered Nurses and all necessary equipment, supplies, tubing, etc. to perform Peripherally Central Catheter (PICC) insertions on-site at the Altoona VAMC.

Contract Period: Option 2

Contractor to provide Registered Nurses and all necessary equipment, supplies, tubing, etc. to perform Peripherally Central Catheter (PICC) insertions on-site at the Altoona VAMC.

Contract Period: Option 2

Contractor to provide Registered Nurses and all necessary equipment, supplies, tubing, etc. to perform Peripherally Central Catheter (PICC) insertions on-site at the Altoona VAMC.

Contract Period: Option 3 POP Begin: 08-26-2022 POP End: 08-25-2023

Contractor to provide Registered Nurses and all necessary equipment, supplies, tubing, etc. to perform Peripherally Central Catheter (PICC) insertions on-site at the Altoona VAMC.

Contract Period: Option 3

Contractor to provide Registered Nurses and all necessary equipment, supplies, tubing, etc. to perform Peripherally Central Catheter (PICC) insertions on-site at the Altoona VAMC.

Contract Period: Option 3

Contractor to provide Registered Nurses and all necessary equipment, supplies, tubing, etc. to perform Peripherally Central Catheter (PICC) insertions on-site at the Altoona VAMC.

Contract Period: Option 4 POP Begin: 08-26-2023 POP End: 08-25-2024

Contractor to provide Registered Nurses and all necessary equipment, supplies, tubing, etc. to perform Peripherally Central Catheter (PICC) insertions on-site at the Altoona VAMC.

Contract Period: Option 4

Contractor to provide Registered Nurses and all necessary equipment, supplies, tubing, etc. to perform Peripherally Central Catheter (PICC) insertions on-site at the Altoona VAMC.

Contract Period: Option 4

B.3 Performance Work Statement for Onsite PICC Line Insertion RNs

1. GENERAL:

1.1. Services Required: The Department of Veterans Affairs in Altoona, Pennsylvania requires a Contractor to provide Registered Nurses (RNs) and all necessary equipment, supplies, tubing, etc. (to include a portable ultrasound machine) to perform Peripherally Inserted Central Catheter (PICC) insertions for the Veterans at the James E. Van Zandt VA Medical Center in accordance with the information contained herein. The RN will utilize the BioFlo with ENDEXO and Pressure Activated Safety Valve (PASV) tehnology PICC Line.

1.2. Place of Performance - James E. Van Zandt VA Medical Center 2907 Pleasant Valley Blvd. Altoona, PA 16602.

1.3. Period of Performance: Contract is requested for a base year of one (1) year with four (4) one year option periods thereafter.

2. QUALIFICATIONS:

2.1. Staff/Facility - The Contractor shall be an established business that has at least (3) years experience providing staff to Government and/or Private Sector medical facilities. The Contractor will be required to demonstrate their ability to successfully provide personnel who can meet fully the qualification requirements and the requirements of service.

2.1.1. License/Certification - The Contractor’s personnel assigned to perform the services covered by this contract shall have a current license in any State, Territory, or Commonwealth of the United States or the District of Columbia when services are performed onsite on VA property.

All licenses and certifications held by the Contractor’s personnel shall be full and unrestricted licenses. Contractor’s personnel who have current, full and unrestricted licenses in one or more states, but who have, or ever had, a license restricted, suspended, revoked, voluntarily revoked, voluntarily surrendered pending action or denied upon application will not be considered for the purposes of this contract.

2.1.2. Experience- Contractor’s personnel shall have at least (3) years experience performing vascular access in a medical care setting and such be referenced on their resume.

2.1.3. Credentialing –Credentialing will be done in accordance with the provisions of VHA Handbook 1100.19. The Contractor is responsible to ensure that proposed personnel possesses the requisite credentials. No services shall be provided by any Contractor’s personnel prior to obtaining approval by the COR.

2.1.4. Technical Proficiency - Contractor’s personnel shall be technically proficient in the skills necessary to fulfill the government’s requirements, including the ability to speak, understand, read and write English fluently. Contractor shall provide documents upon request of the CO/COR to verify current and ongoing competency, skills, certification and/or licensure related to the provision of care, treatment and/or services performed. Contractor shall provide verifiable evidence of all educational and training experiences including any gaps in educational/work history.

2.1.5. BLS & ACLS: Contractor’s personnel shall have and maintain BLS and ACLS certification. Contractor shall provide copies of certification cards for personnel providing services under the contract to the COR prior to award and as renewed.

2.1.6. Standard Personnel Testing: Contractor shall provide proof of the following tests for personnel within five (5) calendar days after contract award and prior to the first duty shift to the COR. Tests shall be current within the past year.

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

2.1.6.2. RUBELLA TESTING: Contractor shall provide proof of immunization for all Contractor’s personnel for measles, mumps, rubella or a rubella titer of 1.8 or greater. If the titer is less than 1.8, a rubella immunization shall be administered with follow-up documentation to the COR.

2.1.6.3. OSHA REGULATION CONCERNING OCCUPATIONAL EXPOSURE TO BLOODBORNE PATHOGENS: Contractor shall provide generic self-study training for all Contractor’s personnel; provide their own Hepatitis B vaccination series at no cost to the VA if they elect to receive it; maintain an exposure determination and control plan; maintain required records; and ensure that proper follow-up evaluation is provided following an exposure incident. The VAMC shall notify the Contractor of any significant communicable disease exposures as appropriate. Contractor shall adhere to current CDC/HICPAC Guideline for Infection Control in health care personnel ( as published in American Journal for Infection Control- AJIC 1998; 26:289-354 http://www.cdc.gov/hicpac/pdf/InfectControl98.pdf) for disease control. Contractor shall provide follow up documentation of clearance to return to the workplace prior to their return.

2.1.6.4. INFLUENZA: It is the responsibility of the contractor to ensure that all personnel are compliant with the requirements outlined in VHA Directive 1192. The contractor shall provide VA with documentation of vaccination, e.g., signed record of immunization from a health care provider or pharmacy, or a copy of medical records documenting the vaccination. The contractor is required to submit annual certification to the COR that all contract personnel performing services at VA facilities are in compliance with VHA Directive 1192.

2.1.7. Citizenship related Requirements:

2.1.7.1. The Contractor certifies that they shall comply with any and all legal provisions contained in the Immigration and Nationality Act of 1952, As Amended; its related laws and regulations that are enforced by Homeland Security, Immigration and Customs Enforcement and the U.S Department of Labor as these may relate to non-immigrant foreign nationals working under contract or subcontract for the Contractor while providing services to Department of Veterans Affairs patient referrals;

2.1.7.2. While performing services for the Department of Veterans Affairs, the Contractor shall not knowingly employ, contract or subcontract with an illegal alien; foreign national non-immigrant who is in violation their status, as a result of their failure to maintain or comply with the terms and conditions of their admission into the United States. Additionally, the Contractor is required to comply with all “E-Verify” requirements consistent with “Executive Order 12989” and any related pertinent Amendments, as well as applicable Federal Acquisition Regulations.

2.1.7.3. If the Contractor fails to comply with any requirements outlined in the preceding paragraphs or its Agency regulations, the Department of Veterans Affairs may, at its discretion, require that the foreign national who failed to maintain their legal status in the United States or otherwise failed to comply with the requirements of the laws administered by Homeland Security, Immigration and Customs Enforcement and the U.S Department of Labor, shall be prohibited from working at the Contractor’s place of business that services Department of Veterans Affairs patient referrals; or other place where the Contractor provides services to veterans who have been referred by the Department of Veterans Affairs; and shall form the basis for termination of this contract for breach.

2.1.7.4. This certification concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under 18 U.S.C. 1001.

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

2.1.8. Annual Office of Inspector General (OIG) Statement: In accordance with HIPAA and the Balanced Budget Act (BBA) of 1977, the Department of Health and Human Services (HHS) Office of Inspector General (OIG) has established a list of parties and entities excluded from Federal health care programs. Specifically, the listed parties and entities may not receive Federal Health Care program payments due to fraud and/or abuse of the Medicare and Medicaid programs.

2.1.8.1. Therefore, Contractor shall review the HHS OIG List of Excluded Individuals/Entities on the HHS OIG web site at http://oig.hhs.gov/exclusions/index.asp to ensure that the proposed Contractor’s employee (s) are not listed. Contractor should note that any excluded individual or entity that submits a claim for reimbursement to a Federal health care program, or causes such a claim to be submitted, may be subject to a Civil Monetary Penalty (CMP) for each item or service furnished during a period that the person was excluded and may also be subject to treble damages for the amount claimed for each item or service. CMP’s may also be imposed against the Contractor that employ or enter into contracts with excluded individuals to provide items or services to Federal program beneficiaries.

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

2.2. Clinical/Professional Performance: The qualifications of Contractor’s personnel are subject to review by VA Medical Center Chief of Nursing Service and/or his/her clinical designee and approval by the Medical Center Director as provided in VHA Handbook 1100.19. Clinical/Professional performance monitoring and review of all clinical personnel covered by this contract for quality purposes will be provided by the VAMC Chief of Nursing Services and/or designee. A COR will also be appointed, however, only the CO is authorized to consider any contract modification request and/or make changes to the contract during the administration of the resultant contract.

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

2.4. Indemnification: The Contractor shall be liable for, and shall indemnify and hold harmless the Government against, all actions or claims for loss of or damage to property or the injury or death of persons, arising out of or resulting from the fault, negligence, or act or omission of the Contractor, its agents, or employees.

2.5. Prohibition Against Self-Referral: Contractor’s personnel are prohibited from referring VA patients to contractor’s or other practice(s).

2.6. Inherent Government Functions: Contractor and Contractor’s personnel shall not perform inherently governmental functions. This includes, but is not limited to, determination of agency policy, determination of Federal program priorities for budget requests, direction and control of government employees (outside a clinical context), selection or non-selection of individuals for Federal Government employment including the interviewing of individuals for employment, approval of position descriptions and performance standards for Federal employees, approving any contractual documents, approval of Federal licensing actions and inspections, and/or determination of budget policy, guidance, and strategy.

2.7. No Employee status: The Contractor shall be responsible for protecting Contractor’s personnel furnishing services. To carry out this responsibility, the Contractor shall provide or certify that the following is provided for all their staff providing services under the resultant contract:

2.7.1. Workers’ compensation

2.7.2. Professional liability insurance

2.7.3. Health examinations

2.7.4. Income tax withholding, and

2.7.5. Social security payments.

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

3. KEY PERSONNEL:

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

4. HOURS OF OPERATION:

4.1. Medical Center is open 24 hours a day, 7 days a week, including Federal Holidays. VA Business Hours are 8am – 4:30pm, Monday – Friday, excluding Federal Holidays.

· New Year’s Day

· President’s Day

· Martin Luther King’s Birthday

· Memorial Day

· Independence Day

· Labor Day

· Columbus Day

· Veterans Day

· Thanksgiving

· Christmas

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

5. CONTRACTOR RESPONSIBILITIES

5.1. Duties: The Contractor personnel shall provide all necessary materials and equipment needed to insert PICC lines for Veterans on site at the Altoona VAMC. Services are requested on call Monday through Friday from 7:00AM – 7:00 PM and weekends 7:00 AM – 3:00 PM, including holidays.

5.2. Equipment, Materials: The Contractor shall provide the Bioflo with ENDEXO and Pressure Activated Safety Valve (PASV) technology PICC Line, all necessary matierials to prep and insert the PICC line, as well as a portable ultrasound machine.

5.3. Standards of Care: The Contractor’s personnel shall cover the range of nursing services as would be provided in a state-of-the-art health care facility and the standard of care shall be of a quality, meeting or exceeding currently recognized national standards as established by:

5.3.1. VA Standards: VHA Directive 2006-041 “Veterans’ Health Care Service Standards” (expired but still in effect pending revision) https://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=1443

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

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

5.3.4. The requirements contained in this PWS

5.4. Scheduling of Contractor’s Personnel: The Contractor shall dispatch their personnel to the Altoona VAMC within 12 hours of notification by the authorized designee(s) or COR that services are needed.

5.5. Training: Contractor personnel shall meet all VA educational requirements and mandatory course requirements defined herein; all training must be completed by the Contractor’s personnel as required by the VA.

5.6. Medical Records:

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

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

5.6.3. Disclosure: Contractor’s personnel may have access to patient medical records: however, Contractor shall obtain permission from the VA before disclosing any patient information. Subject to applicable federal confidentiality or privacy laws, the Contractor, or their designated representatives, and designated representatives of federal regulatory agencies having jurisdiction over Contractor, may have access to VA ‘s records, at VA’s place of business on request during normal business hours, to inspect and review and make copies of such records. The VA will provide the Contractor with a copy of VHA Handbook 1907.1, Health Information management and Health Records and VHA Handbook 1605.1, Privacy and Release of Information. The penalties and liabilities for the unauthorized disclosure of VA patient information mandated by the statutes and regulations mentioned above, apply to the Contractor.

5.6.4. Release of Information: The VA shall maintain control of releasing any patient medical information and will follow policies and standards as defined, but not limited to Privacy Act requirements. Completed Release of Information requests will be forwarded to the VA Release of Information Office.

5.7. Patient Safety Compliance and Reporting: Contractor’s personnel shall follow all established patient safety and infection control standards of care. Contractor’s personnel shall make every effort to prevent medication errors, falls, and patient injury caused by acts of commission or omission in the delivery of care. All events related to patient injury, medication errors, and other breeches of patient safety shall be reported to the Nursing Supervisor and COR at time of incident.

5.8. Patient Complaints: The COR and CO will resolve complaints concerning Contractor relations with the Government employees or patients. The CO is final authority on validating complaints. In the event that the Contractor is involved and named in a validated patient complaint, the Government reserves the right to refuse acceptance of the services of such personnel. This does not preclude refusal in the event of incidents involving physical or verbal abuse.

5.9. The Government reserves the right to refuse acceptance of any Contractor personnel at any time after performance begins, if personal or professional conduct jeopardizes patient care or interferes with the regular and ordinary operation of the facility. Breaches of conduct include intoxication or debilitation resulting from drug use, theft, patient abuse, dereliction or negligence in performing directed tasks, or other conduct resulting in formal complaints by patient or other staff members to designated Government representatives. Standards for conduct shall mirror those prescribed by current federal personnel regulations. The CO and COR shall deal with issues raised concerning Contractor’s conduct. The final arbiter on questions of acceptability is the CO.

6. GOVERNMENT RESPONSIBILITIES

6.1. Contract Administration/Performance Monitoring: After award of contract, all inquiries and correspondence relative to the administration of the contract shall be addressed to:

6.1.1. CO RESPONSIBILITIES:

CO - Name/Address/Phone/email

6.1.1.1. The Contracting Officer is the only person authorized to approve changes or modify any of the requirements of this contract. The Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer is authorized to make commitments or issue any modification to include (but not limited to) terms affecting price, quantity or quality of performance of this contract.

6.1.1.2. The Contracting Officer shall resolve complaints concerning Contractor relations with the Government employees or patients. The Contracting Officer is final authority on validating complaints. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer without authority, no adjustment shall be made in the contract price to cover an increase in costs incurred as a result thereof.

6.1.1.3. In the event that contracted services do not meet quality and/or safety expectations, the best remedy will be implemented, to include but not limited to a targeted and time limited performance improvement plan; increased monitoring of the contracted services; consultation or training for Contractor personnel to be provided by the VA; replacement of the contract personnel and/or renegotiation of the contract terms or termination of the contract.

6.1.2. COR Responsibilities:

The COR for this contract is: Jessica Barnes, Senior COR (814) 943-8164 x7294 Jessica.Barnes@va.gov

6.1.2.1. The COR shall be the VA official responsible for verifying contract compliance. After contract award, any incidents of Contractor noncompliance as evidenced by the monitoring procedures shall be forwarded immediately to the Contracting Officer.

6.1.2.2. The COR will be responsible for monitoring the Contractor’s performance to ensure all specifications and requirements are fulfilled. Quality Improvement data that will be collected for ongoing monitoring includes but is not limited to: enter data that may be collected.

6.1.2.3. The COR will maintain a record-keeping system of services. The COR will review this data monthly when invoices are received and certify all invoices for payment by comparing the hours documented on the VA record-keeping system and those on the invoices. Any evidence of the Contractor's non-compliance as evidenced by the monitoring procedures shall be forwarded immediately to the Contracting Officer.

6.1.2.4. The COR will review and certify monthly invoices for payment. If in the event the Contractor fails to provide the services in this contract, payments will be adjusted to compensate the Government for the difference.

6.1.2.5. All contract administration functions will be retained by the VA.

7. SPECIAL CONTRACT REQUIREMENTS

7.1. Reports/Deliverables: The Contractor shall be responsible for complying with all reporting requirements established by the Contract. Contractor shall be responsible for assuring the accuracy and completeness of all reports and other documents as well as the timely submission of each. Contractor shall comply with contract requirements regarding the appropriate reporting formats, instructions, submission timetables, and technical assistance as required.

7.1.1. The following are brief descriptions of required documents that must be submitted by Contractor: upon award; weekly; monthly; quarterly’; annually, etc. identified throughout the PWS and is provided here as a guide for Contractor convenience. If an item is within the PWS and not listed here, the Contractor remains responsible for the delivery of the item.

7.2. Billing:

7.2.1. Invoice requirements and supporting documentation: Supporting documentation and invoice must be submitted monthly for the previous month. Subsequent changes or corrections shall be submitted by separate invoice. In addition to information required for submission of a “proper” invoice in accordance with FAR 52.212-4 (g), all invoices must include:

7.2.1.1. Name and Address of Contractor

7.2.1.2. Invoice Date and Invoice Number

7.2.1.3. Contract Number and Purchase/Task Order Number

7.2.1.4. Date of Service(s)

7.2.1.5. Cost of Service(s)

7.2.2. Vendor Electronic Invoice Submission Methods

Invoices will be electronically submitted to the Tungsten website at http://www.tungstennetwork.com/uk/en/ Tungsten direct vendor support number is 877-489-6135 for VA contracts. The VA-FSC pays all associated transaction fees for VA orders. During Implementation (technical set-up) Tungsten will confirm your Tax Payer ID Number with the VA-FSC. This process can take up to 5 business days to complete to ensure your invoice is automatically routed to your Certifying Official for approval and payment. In order to successfully submit an invoice to VA-FSC please review “How to Create an Invoice” within the how to guides. All invoices submitted through Tungsten to the VA-FSC should mirror your current submission of Invoice, with the following items required. Clarification of additional requirements should be confirmed with your Certifying Official (your CO or buyer). The VA-FSC requires specific information in compliance with the Prompt Pay Act and Business Requirements. For additional information, please contact:

Tungsten Support; Phone: 1-877-489-6135; Website: http://www.tungsten-network.com/uk/en/ - Department of Veterans Affairs Financial Service Center; Phone: 1-877-353-9791 Email: vafsched@va.gov

8. CONTRACTOR SECURITY REQUIREMENTS:

8.1. 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 personnel regarding information and information system security.

8.2. VHA Privacy Policy and Procedures: All Contractor personnel shall adhere to VAMC Altoona’s privacy policies and procedures as per Medical Center Memorandum 00-17.

8.2.1. Contractor personnel must exercise appropriate precautions and safeguards when discussing Veterans’ individually-identifiable information in public areas to prevent an unauthorized disclosure.

8.2.2. Protecting an individual’s rights to privacy and ensuring proper use and disclosure of information. All workforce members will be held accountable for compliance with these policies, procedures, and applicable laws.

8.2.3. Appropriately safeguarding printed individually identifiable information.

8.2.4. Reporting complaints and/or violations of privacy policies or procedures to the facility Privacy Officer immediately upon discovery.

8.2.5. Obtaining appropriate approval in accordance with Public Affairs policy to speak to the news media. Contractor personnel are not authorized to disclose any individually-identifiable information on a patient or Veteran during an interview without the prior signed, written authorization of the patient or Veteran. When a Contractor personnel is asked to be interviewed by a third party, such as the news media, VA Form 10-3203a, Informed Consent and Authorization for Third Parties to Produce or Record Statements, Photographs, Digital Images, or Video or Audio Recordings must be completed.

8.2.6. Consulting the facility Privacy Officer and VHA Directive 1605.01 for guidance in privacy situations not addressed in this document.

8.3. VA INFORMATION CUSTODIAL LANGUAGE

8.3.1. 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).

8.3.2. The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement.

8.3.3. 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.

8.3.4. 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.

8.3.5. 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.

8.4. SECURITY INCIDENT INVESTIGATION

8.4.1. 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.

8.4.2. 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.

8.4.3. With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach. Notifications need to be made in accordance with the executed business associate agreement.

8.4.4. In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement. The contractor, its employees, and its subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident.

8.5. LIQUIDATED DAMAGES FOR DATA BREACH

8.5.1. 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.

8.5.2. 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.

9. CONTRACT TYPE- This is a Fixed Price, Indefinite Delivery/Indefinite Quantity (ID/IQ) type contract for on call Registered Nurses (RNs) to perform Peripherally Inserted Central Catheter (PICC) insertions for the Veterans at the James E. Van Zandt VA Medical Center in accordance with the information contained herein. The RN will utilize the BioFlo with ENDEXO and Pressure Activated Safety Valve (PASV) technology PICC Line and provide all necessary equipment, supplies, tubing, etc. (to include a portable ultrasound machine).

10. PERIOD OF PERFORMANCE - The IDIQ contract will be a 12-month base year plus four, 12-month option year periods.

B.4 SERVICE DELIVERY SUMMARY

The Services Delivery Summary (SDS) represents the most important contract objective that, when met, will ensure contract performance is satisfactory. Although not all PWS requirements are listed in the SDS, the contractor is expected to fully comply with all requirements in the PWS.

Performance Objective

Standard Performance Threshold

Method of Surveillance

Task 2.1.1. Contractor’s staff shall have current, unrestricted license, certification, BLS and ACLS in accordance with PWS requirements

Copies of documents to be kept on file by the COR.

Inspection of contractor’s login and out sheets/direct observation.

Copies of training certificate.

Direct observation of events being reported.

36C24419Q0665

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SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price.