S02 - FY21 - 36C246-20-R-0127 - AUTOPSY SERVICE.pdf

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 106

36C24620R0127 09-09-2020

WARREN O'BRYANT, CONTRACTING SPECIALIST 757-728-7083 09-18-2020

4:00 PM EDST

DEPARTMENT OF VETERANS AFFAIRS

NETWORK CONTRACTING OFFICE 6

100 EMANCIPATION DRIVE

HAMPTON VA 23667

X

Y

621492

$41.5 Million

X

N/A

X

DEPARTMENT OF VETERANS AFFAIRS

CHARLES GEORGE MEDICAL CENTER

1100 TUNNEL ROAD

ASHEVILLE, NC 28805

Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667

Financial Services Center

PO BOX 149971

Austin TX 78714-9971

CONTRACTOR SHALL PROVIDE OFF-SITE AUTOPSY SERVICES

AT THE CHARLES GEORGE ASHEVILLE VAMC, NC

SEE B.2: FOR THE SCHEDULE OF SERVICES

SEE B.3: FOR THE PERFORMANCE WORK STATEMENT (PWS)

X 1

MARIO L SANTIAGO

36C246-20-R-0127

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS .. 1

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 SCHEDULE OF SERVICES

B.3 PERFORMANCE WORK STATEMENT

B.4. SPECIAL CONTRACT REQUIREMENTS

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS

(OCT 2018)

C.2 52.216-18 ORDERING (AUG 2020)

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.4 52.216-22 INDEFINITE QUANTITY (OCT 1995)

C.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.6 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

C.7 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR

1984)

C.8 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.9 VAAR 852.219-75 SUBCONTRACTING COMMITMENT MONITORING AND

COMPLIANCE (JUL 2018)

C.10 VAAR 852.237-75 KEY PERSONNEL (OCT 2019)

C.11 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.12 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS

(AUG 2020)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 QUALITY ASSURANCE SURVIELLANCE PLAN (QASP)

D.2 CONTRACTOR CERTIFICATION: Immigration and Nationality Act of 1952, As Amended

D.3 PAST PERFORMANCE SURVEY

D.4 DEPARTMENT OF VETERANS AFFAIRS (VA) NATIONAL RULES OF

BEHAVIOR

D.5 CONTRACTOR CONFLICT OF INTEREST CERTIFICATION STATEMENT .. 59

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (JUN

2020)

ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL

ITEMS

E.2 SPECIFIC INSTRUCTIONS TO OFFEROR REGARDING PROPOSAL

PREPARATIONS INSTRUCTIONS FOR PROPOSAL SUBMISSION

E.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT

2018)

E.4 52.212-2 EVALUATION – COMMERCIAL ITEMS (OCT 2014)

E.5 52.216-1 TYPE OF CONTRACT (APR 1984)

E.6 52.217-5 EVALUATION OF OPTIONS (JUL 1990)

E.7 VAAR 852.273-74 AWARD WITHOUT EXCHANGES (JAN 2003)

E.8 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS (JUN 2020)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

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

a. CONTRACTOR: Name: __________________________ / Title: __________________ email: __________________________ / Phone: __________________

b. GOVERNMENT:

Contracting Officer 36C246 Administrative Contracting Officer Mario L. Santiago Warren O’Bryant 757-251-4254 / mario.santiago@va.gov 757-728-7083 / warren.o’bryant@va.gov Department of Veterans Affairs Department of Veterans Affairs Network Contracting Office 6 Network Contracting Office 6 100 Emancipation Drive 100 Emancipation Drive Hampton VA 23667 Hampton VA 23667

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

[x] 52.232-33, Payment by Electronic Funds Transfer – System for Award Management, or

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Monthly 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. Shall be submitted Electronically To:

Financial Services Center

PO BOX 149971

Austin TX 78714-9971

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

AMENDMENT NO DATE

mailto:mario.santiago@va.gov mailto:mohamed.shakur@va.gov

B.2 SCHEDULE OF SERVICES

The Department of Veteran Affairs Charles George Asheville, NC has a need for Off-site Autopsy Service as requested by the Pathology & Laboratory Medicine Services (PLMS) section of the Charles George Asheville VA Medical Center. Services shall be performed at the Contractors Medical Facility.

This Contract type is Indefinite Delivery Indefinite Quantity (IDIQ). Contractor shall price base and option years (s) the same.

** The VA will pay, per procedure, at the contracted rate at the time the procedure is performed.

** Task Orders for services shall be authorized by the COR or designated representative.

** The guarantee minimum quantity amount of procedures, including the base year and any option years exercised, is 1 procedure and the maximum quantity amount of procedures, including base year and any option years exercised, shall not exceed 24 procedures.

BASE YEAR: October 1, 2020 through September 30, 2021

CLIN DESCRIPTION EST QTY UNIT OF

ISSUE

UNIT

PRICE

TOTAL

COST

0001 Contractor shall provide all necessary equipment and qualified Pathologist to perform Autopsy Services.

4 EA $ $

TOTAL EST. BASE YEAR COST $_______________________

OPTION YEAR 1: October 1, 2021 through September 30, 2022

CLIN DESCRIPTION EST QTY UNIT OF

ISSUE

UNIT

PRICE

TOTAL

COST

1001 Contractor shall provide all necessary equipment and qualified Pathologist to perform Autopsy

TOTAL EST. OPTION YEAR 1 COST $_______________________

OPTION YEAR 2: October 1, 2022 through September 30, 2023

TOTAL EST. OPTION YEAR 2 COST $_______________________

OPTION YEAR 3: October 1, 2023 through September 30, 2024

ISSUE

UNIT PRICE TOTAL

COST

3001 Contractor shall provide all necessary equipment and qualified Pathologist to perform Autopsy

TOTAL EST. OPTION YEAR 3 COST $_______________________

OPTION YEAR 4: October 1, 2024 through September 30, 2025.

ISSUE

UNIT PRICE TOTAL

COST

4001 Contractor shall provide all necessary equipment and qualified Pathologist to perform Autopsy

TOTAL EST. OPTION YEAR 4 COST $_______________________

TOTAL EST. BASE YEAR PLUS OPTION YEARS COST $___________________

ISSUE

UNIT PRICE TOTAL

COST

2001 Contractor shall provide all necessary equipment and qualified Pathologist to perform Autopsy

B.3 PERFORMANCE WORK STATEMENT

1. GENERAL SERVICES REQUIRED:

The Contractor shall furnish facility, equipment, professional and technical personnel services to provide Off-Site Autopsy Services to Veteran beneficiaries as requested by Department of Veteran Affairs Charles George Asheville VA Medical Center, NC., and services will be required from 08:00am to 4:30pm Monday through Friday. A base year plus four (4) one (1) option years contract is requested. The estimated quantity of autopsies is 3 – 8 per year.

Place of Performance: The location of the site performing the autopsies must be less than seventy-five (75) miles from Charles George Asheville VA Medical Center, 1100 Tunnel Road, Asheville, NC 28805 so that the deceased bodies can be transported to and returned from in the same day.

1.1. Authority: Title 38 USC 8153, Health Care Resources (HCR) sharing Authority and FAR Parts 12 & 13.

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

1.2.1. - VA Directive 1663: Health Care Resources Contracting - Buying http://www1.va.gov/vapubs/viewPublication.asp?Pub_ID=969&FType=2

1.2.2. VHA Directive 1192 “Seasonal Influenza Prevention Program” https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=5472

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

1.2.4. - VHA Handbook 1100.18 Reporting and Responding To State Licensing Boards

- http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=1364

1.2.5. -VHA Handbook 1907.01 Health Information Management and Health Records:

http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=2791

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

1.3. Definitions/Acronyms: Terms used in this contract shall be interpreted as follows unless the context expressly requires a different construction and/or interpretation. In case of a conflict in language between the Definitions and other sections of this contract, the language in this section shall govern.

1.3.1. ACA: American Counseling Association

https://www.counseling.org/resources/aca-code-of-ethics.pdf

1.3.2. ASCP: American Society of Clinical Pathologist

1.3.3. CAP: College of American Pathology

http://www1.va.gov/vapubs/viewPublication.asp?Pub_ID https://www.va.gov/vhapublications/ http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=2135 http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=1364 http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=2791 http://www.justice.gov/oip/foia_updates/Vol_XVII_4/page2.htm https://www.counseling.org/resources/aca-code-of-ethics.pdf

1.3.4. CR: Contract Discrepancy Report

1.3.5. CEU: Certified Education Unit

1.3.6. CME: Continuing Medical Education

1.3.7. CMS: Centers for Medicare and Medicaid Services

1.3.8. Contracting Officer (CO): The person executing this contract on behalf of the Government with the authority to enter into and administer contracts and make related determinations and findings.

1.3.9. Contracting Officer’s Representative (COR): A person appointed by the CO to take necessary action to ensure the Contractor performs in accordance with and adheres to the specifications contained in the contract and to protect the interest of the Government. The COR shall report to the CO promptly any indication of non-compliance in order that appropriate action can be taken.

1.3.10. COS: Chief of Staff

1.3.11. CPARS: Contractor Performance Assessment Reporting System.

1.3.12. EHR: Electronic Health Record – electronic health record system used by the VA

1.3.13. HHS: Department of Health and Human Services

1.3.14. HIPAA: Health Insurance Portability and Accountability Act

1.3.15. HR: Human Resources

1.3.16. ISO: Information Security Officer

1.3.17. Medical Emergency: a sudden onset of a medical condition manifesting itself by acute symptoms of sufficient severity that the absence of immediate medical attention could reasonably result in: Permanently placing a patient's health in jeopardy, causing other serious medical consequences, causing impairments to body functions, or causing serious or permanent dysfunction of any body-organ or part.

1.3.18. MOD: Medical Officer of the Day

1.3.19. NAME: National Association of Medical Examiners

https://www.thename.org/inspection-accreditation.

1.3.20. Non-Personal Service Contract: means a contract under which the personnel rendering the services are not subject, tither by the contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees.

1.3.21. PLMS: Pathology & Laboratory Medicine Service

https://www.thename.org/inspection-accreditation

1.3.22. POP: Period of Performance

1.3.23. PWS: Performance Work Statement

1.3.24. QA/QI: Quality Assurance/Quality Improvement

1.3.25. QM/PI: Quality Management/Performance Improvement

1.3.26. QASP: Quality Assurance Surveillance Plan

1.3.27. Veterans’ Health Administration (VHA): The central office for administration of the VA medical centers through throughout the United States. The VHA is in Washington, D.C.

1.3.28. Veterans Integrated Services Network (VISN): The regional oversight for the VA medical centers.

1.3.29. VISTA (Veterans Integrated Systems Technology Architecture): A PC based system that will capture and store clinical imagery, scanned documents and other non-textual data files and integrates them into patient’s medical record and with the hospital information system.

1.3.30. Veterans Affairs Medical Center (VAMC): Unless identified with the name of a different VA medical Center, for purposes of this contract, this term shall mean the Durham VA Medical Center, Durham, NC.

1.3.31. Veterans Affairs Medical Center (VAMC): Unless identified with the name of a different VA medical Center, for purposes of this contract, this term shall mean the Durham VA Medical Center, Durham, NC.

1.3.32. Veteran Affairs Healthcare System (VAHCS): for purposes of this contract, Durham VAMC is a healthcare system; this term shall mean an organization of multiple people and institutions that deliver healthcare to target populations, such as veterans.

2. CLINICAL RESPONSIBILITIES:

2.1. Charles George Charles George Asheville VAMC will ensure the following:

2.1.1. That the death is not reportable to the county medical examiner. However, if the death is to be reported to the county medical examiner, then the VA will provide written documentation stating that the county medical examiner has declined jurisdiction or that it will not order a forensic autopsy in Electronic Health Record (EHR) system.

2.1.2. That a properly executed written consent for autopsy is issued.

2.1.3. That the hospital record of the decedent is provided (either with the body or given to the resident prior to the body, or in EHR accessible).

2.1.4. That the name and address of the funeral home where the decedent will be sent to upon completion of the autopsy is provided unless the VA agrees to transport and receive body back from the Contractor Facility if the funeral home is not known.

2.1.5. That the proper identification and transportation of the decedent from Charles George Charles George Asheville VAMC to the Contractor Facility is arranged and paid for and, that the VA agrees to transport and receive the body back if the proper identification or Consent documents are not correct.

2.1.6. That the contractor will be evaluated throughout the contract period in-regards to each completed autopsy case for timeliness and quality.

2.1.7. The Diagnoses will be reviewed for Quality Assurance purposes by the Chief, PLMS or designee.

2.2. The Contractor Shall be responsible for the following:

2.2.1. The contractor shall provide all technical and professional support for the performance of the autopsy. The Pathology resident shall be expected to take the “lead” in the case from start to finish including presenting at any VA conference with attending supervision appropriate for the level of the resident’s experience.

2.2.2. The contract shall provide a complete autopsy report with 1 to 2 working days from the completion of the autopsy procedure in accordance with the Joint Commission on Accreditation of Healthcare Organization (JCAHO) and the Charles George VAMC guidelines.

2.2.3. The contractor shall provide academic support to conferences such as the Mobility & Mortality (M&M) conference, etc., in which the results of the autopsy are discussed at the VAMC or at the Contractor Facility designated locations as requested.

2.2.4. The contractor must complete the Provisional Anatomical Diagnosis (PAD) by the end of the first working date that follows the date of the autopsy.

2.2.5. The contractor must complete the Final Anatomical Diagnosis (FAD) including Clinical Pathology Conference / Quality Assurance (CPC/QA) sheets within 30 days on routine autopsy cases and not later than 60 days on complicated autopsy cases. The Contracting Officer Representative (COR) or his/her designee will approve the designation of any case considered to be classified as “complicated”.

2.2.6. The contractor must perform a complete autopsy on an independent basis. An autopsy will consist of external examination, dissection, gross and microscopic examination.

2.2.7. The contractor shall be required to provide teaching of focused autopsies as required to residents, students, and/or junior VAMC staff pathologist.

2.2.8. The following duties will be performed but are not all-inclusive during autopsy:

a. Instruction in all aspects of the autopsy.

b. Review of medical record and analysis of the relevant clinical questions to be answered.

c. Conduct an effective external examination.

d. Detailed instruction in evisceration techniques and in brain and spinal cord extractions.

e. Detailed instruction in optimal dissection technique. Focus may be on the Rokitansky method of end block dissection and how it is modified to address specific clinical questions.

f. Instruction in gross pathology and formulation of a coherent Provisional Anatomical Diagnosis (PAD) based on the clinical and gross findings.

g. Instruction in the selection and submission of tissue for microscopic examination.

h. Instructions in the selection and use of specialized studies.

i. Instruction in the microscopic examination of selected tissues.

J. Formulation of the Final Anatomical Diagnosis (FAD) based on examinations of all materials and including a sound clinic-pathological correlation.

2.2.9. The services provided by the contractor must meet or exceed the current recognized standards established by the Joint Commission on Accreditation of Healthcare Organizations (JCAHO).

2.2.10. The contractor may be required to remove bodies from storage and/or prepare them for examinations and/or make sure the bodies are stored after autopsy.

3. QUALIFICATIONS:

3.1. Personnel assigned by the Contractor to perform the services covered by this contract shall have a current, unencumbered License in a State, Territory, or Commonwealth of the United States or the District of Columbia. Copies of the license(s) shall be submitted with the Contractor’s proposal. These qualifications shall be subject to review by the VAMC Chief of Staff and approval by the VAMC

Director.

3.2. Contractor’s employee assigned to perform Autopsy services covered by this requirement must be Board Certified/Board Eligible Licensed Pathologist, credentialed, and privileged in the performance of autopsy services as per the regulation of the College of American pathologist. A copy of the certification must be provided.

3.3. Clinical staffs assigned to this requirement such as pathologist technician who will be assisting in the performance of the autopsy services must be registered by the College of American Pathologist.

3.4. Personnel assigned by the Contractor to perform the services covered by this contract shall be proficient in written and spoken English.

4. LICENSING AND TRAINING REQUIREMENTS:

4.1. Personnel assigned by the contractor to perform the required services will have the requisite education and training, and, when required, will be licensed and/or certified.

4.2. Contractor is aware of all laws, regulations, policies and procedures relating to Privacy, Confidentiality and Health Insurance Portability and Accountability Act (HIPPA) and complies with all standards.

4.3. Contractor must ensure that the practice of medicine is consistent with Joint Commission Standards, VA policies and regulations, Veteran Integrated Support Network (VISN) standards, national statutes and regulations, medical record documentation and HIPPA policies.

4.4. Contractor shall complete all mandatory required training.

4.5. Contractor must provide updated licensing, registration and certification as they are renewed.

4.6. The contracted facility shall meet all state and federal standards and have a current license to perform autopsy services. A copy of the license shall be submitted with the Contractor’s proposal.

4.7. Contractor shall provide current Curriculum Vitae, copies of Certification(s), License(s), documentation of experience, and documentation of education and training with their proposal.

4.8. The contractor facility shall have a current accreditation from the Joint Commission on Accreditation of Hospitals. A copy of the accreditation shall be submitted with the Contractor’s proposal.

4.9. The contracted facility shall meet all state and federal standards and a copy of the license shall be submitted with the Contractor’s proposal.

5. Security Requirements:

5.1. Contractor will need access to VA patients Electronic Health Records (EHR).

6. Hour of Operations:

6.1. Autopsies will be performed on weekdays only (Hours 08:00am to 4:30pm).

7. Invoices:

7.1. The COR will verify through CPRS that documentation is completed before payment is made.

7.2. A form with the patient name, date of autopsy, and signature of the contracting pathologist who performed the autopsy will be submitted with the monthly invoice.

7.3. The contractor shall be paid monthly in arrears upon submission of a certified invoice.

7.4. Invoices shall be sent to Austin, Texas and will be certified by IPPS (Invoice Payment Processing System).

7.5. Invoice should include the contract number, contract employee name, date of service, unit pricing, total pricing, contractor’s tax identification number and a form with the patient name, date of autopsy, and signature of the contract pathologist performing the autopsy.

B.4. SPECIAL CONTRACT REQUIREMENTS

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.

2. Billing:

2.1 Invoice requirements and supporting documentation: Supporting documentation and invoice must be submitted no later than the 20th workday of the 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:

2.1.1. Your firm’s Taxpayer ID Number (TIN)

2.1.2. Your firm’s “Remit Address” information

2.1.3. The VA Purchase Order (PO) number

2.1.4. Your firm’s contact information: (Personal Name, Email, and Phone)

2.1.5. Your VA point of contact information: (Personal Name, Email, and Phone)

2.1.6. The Period of Performance dates (Beginning and Ending)

2.1.7. All discount information if applicable (Percent and Date Terms)

2.1.8. Contractors Registered Nurses (s) (Name of Contractor’s employee)

2.1.9. Hourly Rate

2.1.10. Quantity of hours worked

2.1.11. Total price

3. 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 Taxpayer 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: vafscched@va.gov http://www.tungstennetwork.com/uk/en/ http://www.tungsten-network.com/uk/en/ mailto:vafscched@va.gov

4. Payment Adjustments:

4.1. Invoices will be prorated for partial days/hours worked. The contractor shall be paid only for actual work performed onsite. In the event that the Contract provider works a portion of an hour, the government may adjust payments by 15-minute increments.

Contract providers shall be responsible for reporting time worked accurately. The Contract shall be paid for actual hours performed.

4.2. The contract shall be adjusted (at the end of the period of performance (base or option year) in accordance with actual performance.

5. Payments in full/no billing VA beneficiaries: The Contractor shall accept payment for services rendered under this contract as payment in full. VA beneficiaries shall not under any circumstances be charged nor their insurance companies charged for services rendered by the Contractor, even if VA does not pay for those services. This provision shall survive the termination or ending of the contract.

5.1. To the extent that the Veteran desires services which are not a VA benefit or covered under the terms of this contract, the Contractor must notify the Veteran that there will be a charge for such service and that the VA will not be responsible for payment.

5.2. The Contractor shall not bill, charge, collect a deposit from, seek compensation, remuneration, or reimbursement from, or have any recourse against, any person or entity other than VA for services provided pursuant to this contract. It shall be considered fraudulent for the Contractor to bill other third-party insurance sources (including Medicare) for services rendered to Veteran enrollees under this contract.

6. VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY

LANGUAGE:

6.1. Contractor Security Requirements (Handbook 6500.6) - All Contractors and Contractor personnel shall be subject to the same Federal laws, regulations, standards and VA policies as VA, and VA personnel, regarding information and information system security. Contractor must follow policies and procedures outlined in VA Directive 6500, Information Security Program and its handbooks to ensure appropriate security controls are in place.

https://www.va.gov/vapubs/viewPublication.asp?Pub_ID=793&FType=2

7. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS:

7.1. 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.

7.2. 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 https://www.va.gov/vapubs/viewPublication.asp?Pub_ID=793&FType=2 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.

7.3. Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness.

7.4. Custom software development and outsourced operations must be located in the U.S. to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the contractor/subcontractor must state where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factors.

7.5. 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.

8. VA INFORMATION CUSTODIAL LANGUAGE:

8.1. 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.

8.2. VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor’s information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met.

If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA’s information is returned to the VA or destroyed in accordance with VA’s sanitization requirements. VA reserves the right to conduct onsite inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures follow VA directive requirements.

8.3. 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.

8.4. 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.

8.5. The contractor/subcontractor shall not make copies of VA patients’ sensitive 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.

8.6. 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.

8.7. If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship.

8.8. The contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated.

8.9. The contractor/subcontractor’s firewall and Web services security controls, if applicable, shall meet or exceed VA’s minimum requirements. VA Configuration Guidelines are available upon request.

8.10. 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.

8.10.1. 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.

8.10.2. For service that involves the storage, generating, transmitting, or exchanging of VA Sensitive information but does not require C&A or an MOU-ISA for system interconnection, the contractor/subcontractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the

COR.

9. SECURITY INCIDENT INVESTIGATION:

9.1. 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 COR 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.

9.2. 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.

9.3. 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.

9.4. 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.

10. LIQUIDATED DAMAGES FOR DATA BREACH

10.1. 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. However, it is the policy of the VA to forego collection of liquidated damages in an amount determined to be adequate by the agency.

10.2. 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.

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

10.2.2. Nature of the event (loss, theft, unauthorized access)

10.2.3. Description of the event, including:

10.2.4. Date of occurrence;

10.2.5. Data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code;

10.2.6. Number of individuals affected or potentially affected;

10.2.7. Names of individuals or groups affected or potentially affected;

10.2.8. 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;

10.2.9. Amount of time the data has been out of VA control;

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

10.2.11. Known misuses of data containing sensitive personal information, if any;

10.2.12. Assessment of the potential harm to the affected individuals;

10.2.13. Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; and

10.2.14. 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.

10.2.15. 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:

10.2.16. Notification;

10.2.17. One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports;

10.2.18. Data breach analysis;

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

10.2.20. One year of identity theft insurance with $20,000.00 coverage at $0 deductible; and

10.2.21. Necessary legal expenses the subjects of an SPI data breach may incur to repair falsified or damaged credit are not included in the liquidated damages amount and will be handled as actual damages, which the contractor should anticipate as among the costs of doing business and should consider in developing its cost estimates.

11. SECURITY CONTROLS COMPLIANCE TESTING:

11.1. On a periodic basis, VA, including the Office of Inspector General, reserves the right to evaluate any or all the security controls and privacy practices implemented by the contractor under the clauses contained within the contract. With 10 working-days’ notice, at the request of the government, the contractor must fully cooperate and assist in a government-sponsored security controls assessment at each location wherein VA information is processed or stored, or information systems are developed, operated, maintained, or used on behalf of VA, including those initiated by the Office of Inspector General. The government may conduct a security control assessment on shorter notice (to include unannounced assessments) as determined by VA in the event of a security incident or at any other time.

12. SECURE FAX:

12.1 This fax is intended only for the use of the person or office to which it is addressed and may contain information that is privileged, confidential, or protected by law. All others are hereby notified that the receipt of this fax does not waive any applicable privilege or exemption for disclosure and that any dissemination, distribution, or copying of this communication is prohibited. If you have received this fax in error, please notify this office immediately at the telephone number listed on the front page of the facsimile cover page 757-251-4261.

13. BADGES:

13.1. Contractor is required to wear I.D. badge during the entire time he/she is on Charles

George Asheville VA Medical Center grounds. I.D. badges MUST have an identification picture and shall be issued by Charles George Asheville VA Medical Center.

14. NO SMOKING POLICY:

14.1. All VHA health care facilities (including CBOCs and HCCs) are smoke-free for patients, visitors, contractors, volunteers, and vendors effective October 1, 2019. The policy applies to cigarettes, cigars, pipes, or any other combustion of tobacco, including but not limited to electronic or e-cigarettes, vape pens or e-cigars.

15. MANDATORY WRITTEN DISCLOSURES:

Mandatory written disclosures required by FAR clause 52.203-13 to the Department of Veterans Affairs, Office of Inspector General (OIG) must be made electronically through the VA OIG Hotline at http://www.va.gov/oig/contacts/hotline.asp and clicking on "FAR clause 52.203-13 Reporting." If you are experience-difficulty accessing the website, call the Hotline at 1-800-488- 8244 for further instructions

16. POST AWARD ORIENTATION:

The Contracting Officer will schedule a post award orientation for contract orientation purposes as required by Procurement Policy Memorandum (PPM) 2019-01. .

https://www.va.gov/oal/docs/business/pps/ppm201901.pdf.

https://www.va.gov/oal/docs/business/pps/ppm201901.pdf

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. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered;

and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of people to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by…