36C24519R0024 36C24519R0024_3.docx

36C24519R0024

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

517-19-1-933-0002 36C24519R0024 09-04-2019 David J. Valenciabonilla 09-24-2019

11:59 PM

36C245 U.S. Department of Veterans Affairs VA Capitol Healthcare Network (VISN 5) Contracting Office (90C) 849 International Drive Linthicum Heights MD 21090 David J. Valenciabonilla, CS David.Valenciabonilla@va.gov X X 339113 750 Employees N/A X U.S. Department of Veterans Affairs VISN 5 - Multiple Medical Facilities Maryland, Washington D.C., West Virginia See Statement of Work for addresses.

36C245 U.S. Department of Veterans Affairs VA Capitol Healthcare Network Contracting Office (90C) 849 International Drive Linthicum Heights MD 21090

PAYMENT WILL BE MADE BY

FSC e-Invoice Payment Invoice must be submitted electronically https://www.fsc.va.gov/einvoice.asp Invoice Setup Information 1-877-489-6135 See CONTINUATION Page To establish a VISN-Wide Orthotics Appliances and Related Services Multiple Award IDIQ under authority 38 U.S.C. 8123.

Ordering Officers (OOs) will be authorized to place orders against this contract. The Contracting Officer (CO) will furnish the Contractor with the names of individual authorized as OOs, by memorandum upon OO appointment.

OOs are responsible for issuing and administering orders placed under this contract. OOs have no authority to modify the base contract. Any deviation from the terms of the base contract must be approved in writing by the CO responsible for this contract. The Contractor shall accept orders against this contract only from the CO and/or authorized OOs. Fulfilling orders from persons other than the CO or OO is not authorized for supplies/services provided under such orders. Submit questions in writing via email NLT 9/11/19. One amendment to this solicitation may be posted to answer any questions received. Contractor is responsible for correct wage titles and compliance with all applicable wage and hours laws.

$0.00 See CONTINUATION Page X X William A. Epps Contracting Officer 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:

U.S. Department of Veterans Affairs VA Capitol Healthcare Network (VISN 5) Contracting Office (90C) 849 International Drive Linthicum Heights MD 21090

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.

PAYMENT WILL BE MADE BY

FSC e-Invoice Payment Invoice must be submitted electronically https://www.fsc.va.gov/einvoice.asp Invoice Setup Information 1-877-489-6135

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

Statement of Work

BACKGROUND

The U.S. Department of Veterans Affairs (VA), Regional Procurement Office (RPO) East, VA Capitol Heath Care Network (VISN 5) has an ongoing program for all Network Contracting Office (NCO) 5 VISN-Wide Veterans Affairs Medical Centers (VAMC) including the Community-Based Outpatient Clinics (CBOCs) to furnish orthotic appliances and related services (including - custom orthotics, braces, diabetic shoes, inserts, elastic supports for joints, stockings, compression garments, other new devices and repairs) to those Veterans that require them and are eligible for assistance. The range of services shall encompass Healthcare Common Procedure Coding System (HCPCS) Codes: L0100-L4999; A4466; A5500-A5513; and A6501-A6549.

SCOPE

The VA has an ongoing program to furnish Orthotic Appliances and Related Services to those Veterans that require them and are eligible for assistance. VISN 5 is seeking to acquire Orthotic Appliances and Related Services (The range of services shall encompass Healthcare Common Procedure Coding System (HCPCS) Codes: L0100-L4999; A4466; A5500-A5513; and A6501-A6549) to support the Veterans in need. It is the VA’s intent to issue a Multiple Award Indefinite Delivery/Indefinite Quantity (IDIQ) on a competitive basis within a VA Medical Center’s jurisdiction under the authority of Title 38 U.S.C. Section 8123. Anticipated contract base year period is September 30, 2019 through September 29, 2020 with four (4), one-year options (options may or may not be exercised).

Option year 1: September 29, 2020 through September 30, 2021 Option year 2: September 29, 2021 through September 30, 2022 Option year 3: September 29, 2022 through September 30, 2023 Option year 4: September 29, 2023 through September 30, 2024

The orthotic appliances and related services must be provided to the following facilities located in VISN 5, but not limited to:

Martinsburg VAMC (613) VA Maryland Health Care System Washington D.C. VAMC

The VA will provide a list of approved L Codes for work to be provided by the Contractor. The Contractor shall not add or substitute components without prior approval and written authorization from the VA Clinic Team Prosthetic Representative or Contracting Officer’s Representative (COR). The solicitation only includes commercial items. Products that are not commercial items are considered experimental and purchase of experimental products shall not be authorized under this solicitation.

PRICE SCHEDULE

National Prosthetic Patient Database (NPPD) Categories/lines – new and repairs:

ORTHOSIS/ORTHOTICS

SHOES/ORTHOTICS

ORTHOSIS

R40 ORTHOSIS TOTAL

SHOES/ORTHOTICS

PRICING

For fabrication and repair of orthotic appliances, the prices proposed shall not exceed the established L-Code prices applicable to the geographic area subject to this solicitation and at the time of performance. It should be noted that repair rates for 15-minute increments are now part of the L-Code pricing schedule. Considering this, please apply the best percentage discount that you offer against the L-Code pricing baseline.

Offerors are encouraged to give a discount on all L-Codes and A-Codes (Orthotic appliances, labor rates for repairs and components*).

Line Item 1: BASE YEAR L-CODE PRICING LESS _________% DISCOUNT / A-CODE PRICING LESS _________% DISCOUNT

Line Item 1a: OPTION YEAR 1 L-CODE PRICING LESS _________% DISCOUNT / A-CODE PRICING LESS _________% DISCOUNT

Line Item 1b: OPTION YEAR 2 L-CODE PRICING LESS _________% DISCOUNT / A-CODE PRICING LESS _________% DISCOUNT

Line Item 1c: OPTION YEAR 3 L-CODE PRICING LESS _________% DISCOUNT / A-CODE PRICING LESS _________% DISCOUNT

Line Item 1d: OPTION YEAR 4:

L-CODE PRICING LESS _________% DISCOUNT / A-CODE PRICING LESS _________% DISCOUNT

Note:* It should be noted that L-Code and A-Code pricing are published by the Centers for Medicare and Medicaid Services (CMS) – Healthcare Common Procedure Coding System (HCPCS). The website for the L-Code & A-Code Pricing: http://www.cms.hhs.gov/ICD9ProviderDiagnosticCodes/01_overview.asp (DME, Orthotics and Prosthetics). The Codes are updated every year and are released in December, for the following year. The discounts shown in the Schedule above are for the categories as stated in the Description of Services above, with the CMS representing the L-Codes for Orthotics (new and repair) and the A-Codes for shoes, inserts and related items.

EDUCATIONAL AND TRAINING REQUIREMENTS

GENERAL EDUCATION

All contractors shall have a full-time American Board Certified (ABC), or Board for Orthotist-prosthetist Certification (BOC) orthotist on staff at each of their locations – with current and valid credentials for the state in which he/she practices in good standing. The VA reserves the right to verify orthotist(s) credentials anytime during the term of this contract. A copy of the ABC/BOC orthotist certification with which location he/she in on full-time staff must be included in the technical proposal submission of this solicitation. In the event the VA determines that the contractor is not meeting the above requirements, the VA may terminate the contractor for cause in accordance with the applicable clauses listed in the contract. see far clause 52.212-4 paragraph (m). For all new personnel that are brought on board after the final contract award, submission of all required training must be provided within 60 calendar days of hire.

SALVAGE

If a Veteran beneficiary dies prior to delivery and acceptance, VA shall pay the contractor for the work performed up to the point that they are notified to stop work. The pricing paid shall not exceed the contract price of the Orthotic Appliances and Related Services less the salvage value of unused Orthotic Appliances and Related Services.

CONTRACTOR FACILITY LOCATIONS

All Contractor facilities as well as other fabrication facilities such as commercial central fabrication facilities that will be utilized for this Multiple Award IDIQ shall be listed in the proposal. All work required under this IDIQ shall be conducted at the facility locations included in the IDIQ. The Contractor’s facilities shall be accredited either by the Facility Accreditation Program of the ABC or the Accredited Facilities Program of the BOC at the time of proposal submission. The VA reserves the right to conduct site visits of the facility and review accreditation and certification documents and standards at any time. The Contractor shall provide current copies of accreditation documents upon request of the Contracting Officer Representatives (CORs). The VA may conduct site visits as needed by the COR and other VA subject matter experts as determined by the COR. Throughout the duration of this IDIQ, the Contractor shall notify VA of any facilities that are added, changed, or closed to the Contracting Officer (CO) and the CORs within 15 calendar days of any change. Approval for added or changed facilities must be obtained before those facilities may be used for this IDIQ.

THE JOINT COMMISSION AND OTHER SPECIAL REQUIREMENTS

The Contractor shall perform the required work in accordance with the Joint Commission (TJC) and ABC and/or BOC standards. All Contractor employees shall continuously meet or exceed TJC and ABC and/or BOC standards. The Contractor shall develop and maintain the following documents for each contractor employee working on this contract: credentials and qualifications for the job; a current competence assessment checklist (an assessment of knowledge, skills, abilities and behaviors required to perform a job correctly and skillfully, and including knowledge and skills required to provide care for certain patient populations, as appropriate); a current performance evaluation supporting ability of the contractor employee to successfully perform the work required under this solicitation; and, listing of relevant continuing education for the last two years. At the time of contract award, annually on the date of the contract award thereafter, and at any other time requested by the VA CORs, the Contractor shall provide current copies of these records for each contractor employee working on this IDIQ.

The Contractor shall be responsible for ensuring that contractor employees providing work on this IDIQ are fully trained and completely competent to perform the required work.

When changes in contractor personnel are approved in accordance with the “Key Personnel” clause of the IDIQ, the Contractor shall provide evidence of orientation, the current competence assessment, and current performance evaluation that supports the above.

Where the IDIQ does not require TJC accreditation or other regulatory body requirements, the Contractor shall perform the required work in accordance with TJC standards. A copy of TJC standards can be obtained from The Joint Commission, One Renaissance Blvd., Oakbrook Terrace, IL 60181 or http://www.jointcommission.org/.

WARRANTY

The Contractor shall warrant the Orthotic Appliances and Related Services provided against defective material and/or workmanship for a minimum of 90 calendar days from the date of acceptance by VA. The minimum warranty period shall commence after the final check out at the VAMC Clinic Team and deliverable acceptance by the VA Clinical Team Prosthetic Representative or COR. Manufacturer’s warranties of Orthotic Appliances and Related Services that extend beyond the minimum 90 calendar day period shall be in effect and be enforced. The Contractor shall furnish, without additional cost to the Government, all materials and labor necessary to correct defects that were detected during the warranty period.

RECALLS

The Contractor shall immediately notify all affected VAMC(s), COR(s), and CO in the event of a device recall, removal, required adjustment, or required modification that is suggested or mandated by the Contractor, distributor, manufacturer, or any regulatory or Government agency. The following information shall be included in this notification:

· A complete item description and identification;

· Administrative identification data including contract number, order numbers and order date;

· Removal, adjustment, or modification reasons for recall; and

· Instructions for appropriate corrective action.

MULTIPLE AWARDS

The Contracting Officer contemplates award of one or more Indefinite Delivery Indefinite Quantity (IDIQ) Firm Fixed Price (FFP) contracts pursuant to this solicitation for commercial items – Orthotic Appliances and Related Services. Any VA facility within VISN 5 may order from contract(s) awarded under this solicitation.

The contract will contain one (1) base year and four (4), one-year option years. The Contracting Officer shall determine (based on an integrated assessment of each offeror’s technical and price proposals and past performance, if applicable) the individual proposals judged to be most advantageous to the Government.

· The total minimum guarantee for this contract is $50.00 per each IDIQ.

· The total maximum order for supplies or services the Government will acquire under the contract is $2,000,100.00 (maximum single order limit) per year.

· The NOT TO EXCEED Total Amount is $41,185,115.89; to include all multiple award contracts awarded under this RFP, over the entire contract period.

· The Contractor shall submit a Technical Proposal for evaluation. The Technical Proposal must provide sufficient information to demonstrate the corporate capabilities to satisfactorily perform the work detailed.

GENERAL REQUIREMENTS

STANDARDS OF PERFORMANCE

The Contractor shall fabricate all orthotic appliances in strict conformance to the prescription that has been provided by the VA Clinic Team. Contractors shall not add or substitute components or alter the beneficiary’s orthotic appliance prescription in any way without prior approval and written authority from the VA Clinic Team or Prosthetic Representative/designee.

SPECIAL EDUCATION REQUIREMENTS FOR CERTAIN ORTHOSES

The fitting and alignment of the following orthoses/services must be performed under the supervision of an Orthotist who has met the applicable educational and training requirements, such as completion of a National Commission on Orthotic and Prosthetic Education (NCOPE) accredited educational program for Orthotics.

APPROVED FACILITIES

The contractor’s facilities shall be approved by the Facility Accreditation Program of the American Board for Certification in Orthotics and Prosthetics, Inc. (ABC), the Accredited Facilities Program of the Board of Certification (BOC), and follow applicable CMS standards. A copy of the ABC/BOC Facility Certification for each contractor facility location must be included in the contractor’s Technical Proposal submission of this solicitation. All contractor facility locations used in this contract are subject to VA inspection at any time during the contract period by the Chief of Prosthetics or designee whose location is closest to the contractor’s facility.

Throughout the duration of this contract, notification of any facilities which are added, changed or closed must be immediately conveyed to both the Contracting Officer (CO) and the Contracting Officer Technical Representative (COTR) to obtain approval before it may be used for this contract. Added new facilities must be ABC or BOC certified prior to any veteran being seen or treated in the facility.

SPECIFIC REQUIREMENTS

SOLICITATION OF BENEFICIARIES

The contractor agrees not too directly or indirectly through agents solicit eligible veteran beneficiaries, such as, but not limited to, utilizing any advertisements or mailing lists (see Contract Clause 852.270-4 Commercial Advertising), contacting the veteran directly, VA clinics, etc. VA personnel shall not direct, guide, or prompt a veteran beneficiary to a specific contractor except when a physician determines that it is a medical necessity. To assist in the selection of their Orthotist, all eligible veteran beneficiaries shall be given a current list of contract providers located within the Medical Center jurisdiction. The list of contract providers shall contain the following header statement in boldface type:

“YOU HAVE THE RIGHT TO SELECT THE ORTHOTIST CONTRACTOR OF YOUR CHOICE FROM ANY OF THE VA APPROVED CONTRACTORS. ANY ATTEMPT TO INFLUENCE YOUR DECISION OR TO DIRECT YOU TO ANY PARTICULAR CONTRACTOR SHOULD BE REPORTED TO THE MEDICAL CENTER DIRECTOR OF THIS FACILITY.”

It will continue to be VA’s policy to permit all service connected and non-service connected Orthotic need veteran beneficiaries who have continuing eligibility and who have established ties with an existing Orthotist to continue to use that Orthotist provided that the Orthotist is willing to accept all current contract provider terms for the geographic area covered by the contract, follows the same directions as in the VA contract by all contractors and accepts the average Centers for Medicare and Medicaid Services discount of the contractors for the geographic covered area. The non-contracted contractor is subject to providing these current documents to the Chief of Prosthetics and/or COTR prior to giving service to the Veteran.

KEY PERSONNEL AND TEMPORARY EMERGENCY SUBSTITUTIONS

The Contractor shall assign the following key personnel to this contract: all individuals providing items and related services to veterans and for whom information about education and training is required to be submitted as a part of the response to this solicitation including, but not limited to, those individuals who must meet the training requirements set forth in the Education and Training Requirements in Section 3.0.

During the first ninety (90) calendar days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the COR, in writing, within fifteen (15) calendar days after the occurrence of any of these events and provide the following information:

· Detailed explanation of the circumstances necessitating the proposed substitution;

· Complete resume for the proposed substitute; and

· Any additional information requested by the COR.

Proposed substitutes shall have comparable qualification to those of the persons being replaced. The COR will notify the Contractor within fifteen (15) calendar days after the receipt of all required information of the decision on the proposed substitutes. The contract will be modified to reflect any approved changes of key personnel. In the case where VA does not agree with the proposed substitutes and their qualifications, the contract may be terminated, and the Contractor may not receive the minimum dollar amount specified in this contract.

For temporary substitutions where the key person will not be reporting to work for three (3) consecutive business days or more, the Contractor shall provide a qualified replacement for the key person. This substitute shall have comparable qualifications to the key person being replaced temporarily. Any substitution exceeding a period of two weeks consecutively shall follow the key personnel replacement procedure described in paragraph above.

CONFIDENTIALITY OF PATIENT RECORDS

The Contractor is a VA contractor and will assist in the provision of health care to patients seeking such care from or through VA. As such, the Contractor is considered as being part of the Department health care activity. The Contractor is considered to be a VA contractor for purposes of the Privacy Act, Title 5 U.S.C. 552a. Further, for the purpose of VA records access and patient confidentiality, Contractor is a VA contractor for the following provisions: Title 38 U.S.C. 5701, 5705, and 7362. Therefore, Contractor may have access, as would other appropriate components of VA, to patient medical records including patient treatment records pertaining to drug and alcohol abuse, HIV, and sickle cell anemia, to the extent necessary to perform its contractual responsibilities.

However, like other components of the Department, and not withstanding any other provisions of the sharing agreement, the Contractor is restricted from making disclosures of VA records, or information contained in such records, to which it may have access, except to the extent that explicit disclosure authority from VA has been received. The Contractor is subject to the same penalties and liabilities for unauthorized disclosures of such records as VA.

The records referred to above shall be and remain the property of VA and shall not be removed or transferred from VA except in accordance with U.S.C.552a (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) and federal laws, rules and regulations. 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.

VA SENSITIVE INFORMATION

VA sensitive information is all Department data, on any storage media or in any form or format, which requires protection due to the risk of harm that could result from inadvertent or deliberate disclosure, alteration, or destruction of the information. The term includes information whose improper use or disclosure could adversely affect the ability of an agency to accomplish its mission, proprietary information, records about individuals requiring protection under various confidentiality provisions such as the Privacy Act and the HIPAA Privacy rule, and information that can be withheld under the Freedom of Information Act. Examples of VA sensitive information include the following: individually-identifiable medical, benefits, and personnel information; financial, budgetary, research, quality assurance; confidential commercial, critical infrastructure, investigatory, and law enforcement information; information that is confidential and privileged in litigation such as information protected by the deliberative process privilege, attorney work-product privilege, and the attorney client privilege; and other information which, if released, could result in violation of law or harm or unfairness to any individual or group, or could adversely affect the national interest or the conduct of federal programs.

PERFORMANCE, DELIVERY, INSPECTION AND ACCEPTANCE

DELIVERY

The VA shall require the contractor to deliver items ordered under this contract no later than 7 calendar day after receipt of a purchase/delivery order. The contractor shall notify the VA Prosthetics Representative/COR/designee and show cause in the event he is unable to deliver the required items in accordance with the Government's required delivery date. Failure by the contractor to provide a written notification as stated above within 7 calendar days after receipt of an order constitutes acceptance of an order. Deliver to the Veteran.

The contractor shall obtain a signature and date from the veteran at the time of delivery of the completed orthotic appliance. This record shall be kept in the patient file with no charges processed until delivery is made. At the time of delivery, a copy of this signed and dated form accompanying the copy of the charge that is made for the orthoses shall be mailed or e-mailed (via proper encryption) to the Prosthetics Representative/COTR/designee.

EXAMPLE

PATIENT NAME: _______________________________________________

CONTRACTOR NAME: _______________________________________________

In order to process prompt payment for the prescribed orthosis, you must provide the VA with the following:

1. Date of Initial Patient Visit: ______________________

2. Date of Final Delivery: ________________________

Final payment will be processed following delivery – with confirmation of the following information:

ACCEPTANCE RECEIPT:

DATE: __________________________

The articles and/or services listed herein have been rendered, received as ordered, or as shown by authorized changes indicated below, and are acceptable.

PATIENT

SIGNATURE: ____________________________________________________

However, if at that time, the veteran feels that the orthosis does not fit properly, and further adjustments are required, the contractor will make these corrections/adjustments immediately. When further adjustments cannot be accomplished during the veteran’s visit, the contractor will deliver the readjusted orthosis to the ordering facility for final acceptance and payment.

In the event the Government desires expedited delivery, the ordering activity shall telephonically contact the contractor and inquire into the feasibility of obtaining this condition. The contractor shall respond within 24 hours to such request and expedite delivery. Any additional costs incurred by the contractor for meeting this requirement shall be negotiated in accordance with clause 52.212-4, Contract Terms and Conditions--Commercial Items. Failure by the contractor to deliver the ordered orthosis on an expedited basis, or otherwise fulfill the agreed upon requirements shall constitute an event of default, and the Contracting Officer shall undertake any action authorized pursuant to this solicitation, or otherwise in accordance with applicable statutes and regulations. (Note: Expedited Delivery terms and conditions, when required, will be determined by the Contracting Officer or Ordering Officer on a case by case basis and stated in the individual task or delivery order).

Typically, Veteran beneficiaries who are experienced orthosis wearers will normally be measured, fitted, and accept delivery of their orthosis at the contractor’s facility (the contractor will provide a document that the veteran has signed for receipt/ acceptance of the orthosis and include it with the invoice – see above). Veteran beneficiaries who are not experienced orthosis wearers (first time orthotic user) will normally be measured, fitted, and accept delivery at the ordering VA facility. The conditions of and point of measurement, fitting, delivery, inspection, and acceptance of orthotic appliances shall be at the discretion of the VA Clinic Team, Prosthetic Representative, COTR/designee, Orthotist, or prescribing physician and will be determined on a case by case basis.

The contractor warrants the orthotic appliances provided against defective material and/or workmanship for a minimum of 90 calendar days from the date of acceptance. Manufacturer’s warranties of orthotic components that extend beyond the minimum 90-day period shall be in effect and also enforced. The contractor agrees to furnish without additional cost to the government, all labor and materials necessary to correct defects that were detected during the warranty period. These conditions do not apply to adjustments incidental to the wearing of orthosis, adjustments required by physical change of the wearer, or where there is evidence of deliberate misuse or alteration by anyone other than the contractor.

The contractor shall immediately notify all effected VAMC(s) and contracting activities in the event of a product recall, removal, required adjustment, or required modification that is suggested or mandated by the contractor, distributor, manufacturer, or any regulatory or official agency. The information that shall be included in this notification includes:

I. A complete item description, identification, and model/serial number.

II. Administrative identification data including contract number, order numbers, and order date.

III. Reasons for recall, removal, adjustment, or modification IV. Instructions for appropriate corrective action

a. Delivery Location(s) or CBOC:

Beckley, WV 25801 Huntington, MD 25704 Clarksburg, WV 26301

Martinsburg VAMC (613) VA Maryland Health Care System Washington D.C. VAMC 510 Butler Avenue 10 North Greene Street 50 Irving Street, NW Martinsburg, WV 25401 Baltimore, MD 21201 Washington, DC 20422

DAYS/HOURS OF OPERATIONS

The VA VAMC/VISN 5 Medical Centers operate during normal business hours - Monday through Friday, 8:00am – 5:00pm. Clinic sessions will be established at each VA Facility by the Prosthetics Representative/Lab Manager/VA Orthotist/COTR/designee, in association with the Physician/Clinician. A clinic contractor rotation schedule may be implemented depending upon the number of contractors selected for contracts.

FEDERAL HOLIDAYS

The ten holidays observed by the Federal Government are:

New Year’s Day – January 1st Martin Luther King’s Birthday – 3rd Monday of January Presidents’ Day - 3rd Monday of February Memorial Day – Last Monday of May Independence Day – July 4th Labor Day – 1st Monday of September Columbus Day – 2nd Monday of October Veterans Day – November 11th Thanksgiving Day – 4th Thursday of November Christmas Day – December 25th

When a Federal Holiday falls on a Sunday, the following Monday shall be observed as a Federal Holiday. When a Federal Holiday falls on a Saturday, the preceding Friday is observed as a Federal Holiday. Also included – any other day specifically declared by the President of the United States of America to be a Federal Holiday.

CONTRACTOR PERSONNEL

All contractor personnel are required to wear ID Badges during the entire time they are on the VA grounds. ID Badges must have an identification picture and shall state in English the name of the individual and the company represented.

All contractor personnel are required to check into the facility Police and Security Office at each visit to pick up a “Contractor” or “Visitor” badge prior to contacting the Prosthetics Representative/COTR/designee.

The contractor shall not employ persons to work on this contract if such employee to the contractor as a potential threat to the health, safety, security, general well-being or operational mission of the installation and its population.

All contractor personnel shall observe the rules and regulations of the VA facility:

a. Smoking is permitted only in designated areas as posted.

b. Parking is permitted in areas designated as Visitor Parking Lots by the facility, or otherwise designated by the Police and Security Office staff.

ORTHOTICS CLINIC ATTENDANCE

WHO MAY ATTEND CLINIC

I. Only Certified Orthotists or Certified Prosthetists and Board Eligible Residents and NCOPE Preceptorship students may attend the VA clinic.

II. Only Certified Orthotists or Certified Prosthetists may serve as the senior “hands on” or Lead Orthotic or Prosthetic Practitioner in the VA Clinic.

III. All contractors and non-contract contractors who see veterans shall be ABC or BOC-certified and the facilities shall be ABC or BOC-certified.

IV. Approved VA Residents may also attend the VA Clinic as part of their training.

V. Any non-contract contractor that needs to attend clinic with their patient must have their ABC or BOC certification verified/confirmed by the Prosthetics Representative/COTR/designee upon arrival at the VA Clinic. If the non-contract contractor does not have a patient, he/she is not allowed to attend the VA Clinic.

VI. In the absence at a given site of a VA Certified Orthotist or Certified Prosthetist – prior to clinic and by invitation only – the Prosthetics Representative/COTR/designee will identify a non-VA Certified Orthotist or Certified Prosthetist to coordinate with the VA Physician/Clinician chairing the clinic in addressing the veteran’s needs. Alternatively, as determined by the Prosthetics Representative/COTR/designee, the veteran will be presented to the VA Clinic by the non-VA Certified Orthotist or Certified Prosthetist that has been treating the veteran.

PRIOR TO THE CLINIC

I. All contractor orthotists should confirm with the Prosthetics Representative/VA Orthotist/COTR/designee that you are attending clinic that day either with a veteran or as the subject-matter expert.

II. All attendees must wear a VA badge issued by the VA Police and Security Office or a “Contractor’s” or “Visitor’s” badge as approved by the Prosthetics Representative/VA Orthotist/COTR/designee where the VA Clinic is being administered. Per the VA security guidelines, designated personnel will be identified in the contract and will vary per site location.

CLINIC PROCESS AND CONDUCT

I. It is the responsibility of the VA Orthotist/Lab Manager, and/or with the Prosthetics Representative/COR/designee to ensure the clinic is managed efficiently and conducted appropriately.

II. It is the responsibility of the non-VA attendees to comply with VA facility policies and procedures, as well as the VA Clinic’s operating procedures.

III. Contractors may attend the VA Clinic as subject matter experts, when authorized by the Prosthetics Representative/VA Orthotist/COR/designee, or if they have a veteran scheduled for the VA Clinic. Non-contract contractors cannot attend the VA Clinic, unless he/she has a patient scheduled specifically for the VA Clinic and can only attend the portion of the clinic applicable to this patient.

IV. The Prosthetics Representative/VA Orthotist/Lab Manager/COTR/designee will determine the number of contractors who can be present for the VA Clinic at one time. A rotating schedule may be developed, if necessary.

V. The Physician/Clinician chairing the VA Clinic is directly responsible for assessing the patient’s needs through direct communication and physical evaluation, which may also be accomplished in assistance by the VA Orthotist/VA Prosthetist/VA Pedorthist/Lab Manager, if in attendance.

VI. The Prosthetics Representative/VA Orthotist/Lab Manager/COTR/designee should ensure that the patients flow efficiently in the clinic in a timely manner and communicate with each patient after the evaluation to be sure the patient clearly understands the next step in his/her orthotic treatment.

VII. If the veteran does not already have a standing relationship that has involved receiving care from, a Representative/COTR/designee will obtain the veteran’s signature indicating their choice of a contractor. If possible, the patient can be provided the contractor list prior to the VA Clinic; this can allow arrangements be made to ensure the veteran’s contractor choice be present during the VA Clinic with the veteran.

VIII. Contractors and non-contract contractors are not allowed to directly address the veteran or to establish a rapport with the veteran, unless directed by the Physician/Clinician Chairperson or Prosthetics Representative/VA Orthotist/ Lab Manager/COTR/designee. Contractors and non-contract contractors are not allowed to solicit veterans in any way, including, but not limited to, by passing out business cards or asking personal questions at the VA facility, in the waiting area and/or during clinic evaluation. All attendees must refrain from making inappropriate comments in the presence of veterans and/or contractors.

IX. Any concerns about the clinic process or an attendee’s conduct should be discussed outside of the VA Clinic setting, unless it is so egregious that immediate action is needed by the Prosthetics Representative/VA Orthotist/Lab Manager/ COTR/designee. In any event, the Contracting Officer should be immediate notified of the issues for appropriate action.

X. As determined by the Contracting Officer – in association with the COTR/ Prosthetics Representative/VA Orthotist/designee, any such action by contractors and non-contract contractors that is deemed inappropriate may result in exclusion from clinic attendance for a period of time or indefinitely. If any VA staff person or veteran is aware of this behavior, it is to be reported to the facility Prosthetics Representative/VA Orthotist/Lab Manager/COTR/designee and to the Contracting Officer.

XI. No patient lists may be distributed to a non-contract contractor attending with his/her patient prior to or during the clinic. Additionally, a sign-in sheet where any non-VA staff person would be able to view the names of veterans being treated is also prohibited. Both lists are assumed to be a violation of various patient privacy laws. No patient information will be allowed to leave the clinic setting unless it’s required by the treating contractor or non-contract contractors or VA attendee and only then will the least amount of veteran information be provided to allow adequate treatment of the veteran.

XII. Per VHA Prosthetics Handbook, a non-contracted Orthotist contractor may be chosen by a veteran only when he/she is seeking continuity of care. If the veteran has never had an orthotic appliance, the veteran must choose a contracted provider or the certified VA Orthotics and Prosthetics Laboratory (if one is present at the facility).

CONTRACT ADMINISTRATION DATA

The Contracting Officer (CO) is the only person authorized to approve changes or modify any of the requirements under 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 changes, which will affect price, quantity, or quality of performance of this contract. In the event the contractor effects any such change at the direction of any person other than the Contracting Officer, the change shall be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof. The use of an Ordering Officer or Contracting Officer issuing orders will be determined at time of award. **Please note: All orders will be done through Contracting until Ordering Officers are put in place.

We are taking into consideration about having an Ordering Officers (OOs) in place at each VISN 5 Medical Facility to issue a Delivery Order/ Task Order (DO/TO) that will cover the entire year, which the Ordering Officer will order from.

VAAR 801.603-70(b)(iii) states the following:

“(iii) A contracting officer may designate individuals as ordering officers with the authority to execute orders against an awarded indefinite delivery vehicle subject to the restrictions in paragraph (b)(4).”

(b)(4) Ordering officer. HCAs must establish procedures to delegate authority to non-warranted VA personnel to place orders against their own indefinite delivery vehicles where fixed terms and prices are established in the contract. Ordering officers do not have the authority to negotiate, determine price reasonableness, or determine best value.

If the CO determines prior to award that OOs will be authorized to place orders against a contract or agreement, the CO will furnish the contractor with the names of individuals delegated OO authority by separate letter upon issuance of the contract. When CO’s appoint OOs after award, the CO will furnish the contractor with an updated list of individual OOs authorized to place orders against the contract or agreement. OOs may not negotiate contract terms and conditions, determine price reasonableness, or determine best value. OOs are responsible for issuing and administering orders placed under the contract or agreement identified in the appointment letter. OOs do not have authority to modify any of the terms and conditions in the contract or agreement. The CO must approve any changes in or deviations from the terms and conditions of the contract or agreement in writing prior to placing orders invoking those terms and conditions. The CO shall ensure the contractor is notified to accept orders against the contract or agreement only from the CO or authorized OOs and fulfilling orders from persons other than the CO or OO may result in an unauthorized commitment.

CONTRACT ADMINISTRATION MATTERS WILL BE HANDLED BY:

I. CONTRACTOR’S NAME/ADDRESS/CITY/STATE-ZIP (Please print or type):

Point of Contact/Title: __________________________________________

Telephone: __________________________________________

Facsimile #: __________________________________________

E-mail: __________________________________________

DUNS NO: __________________________________________

II. GOVERNMENT:

Point of Contact/Title: __________________________________________

Telephone: __________________________________________

E-mail: __________________________________________

Facsimile #: __________________________________________

CONTRACTORS REMITTANCE ADDRESS:

All payment by the Government to the contractor will be made in accordance with Federal Acquisition Regulation (FAR) Clause 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (31 U.S.C. 3332):

COMPANY’S NAME: ___________________________________________

ADDRESS: ___________________________________________

Point of Contact/Title: __________________________________________

Telephone: __________________________________________

Facsimile #: __________________________________________

E-mail: __________________________________________

DUNS NO: __________________________________________

INVOICES

Invoices shall be submitted monthly, in arrears and mailed to the appropriate VA Medical facility or CBOC:

Beckley, WV 25801 Huntington, MD 25704 Clarksburg, WV 26301

Martinsburg VAMC (613) VA Maryland Health Care System Washington D.C. VAMC 510 Butler Avenue 10 North Greene Street 50 Irving Street, NW Martinsburg, WV 25401 Baltimore, MD 21201 Washington, DC 20422

Invoices submitted for payment shall include the contract number, purchase/delivery order number, beneficiary’s name; detail of work accomplished, HCPCS Codes for each item, and the VA contract discount. All invoices will be submitted in accordance with the addresses provided in Attachment A. The preferred method of payment will be the Government Purchase/Visa Credit Card or Pay only card – using the appropriate field for the obligation number - and the Contractor must be capable of accepting it for payment. The contractor will also need to be able to process at Level II. If this involves additional machinery or computers, this will be at the contractor’s expense. No advance payments shall be authorized.