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Locums - Primary Care Federal contract opportunity
Solicitation number
36C24718R0193
Issued by
Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 7

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36C24718R0193

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

544-18-3-041-0065 36C24718R0193 03-23-2018 Valeria Murray 334-725-2624 04-06-2018 12 Noon EST Department of Veterans Affairs Central Alabama Veterans Health Care 2400 Hospital Road Tuskegee AL 36083 X X Y 561320 $27.5 Million X N/A X WJB Dorn VA Medical Center 6439 Garners Ferry Road Columbia SC 29209 Department of Veterans Affairs Central Alabama Health Care System East Campus 2400 Hospital Road Tuskegee AL 36083-5001

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971 See CONTINUATION Page Contractor shall provide primary care physician services in accordance with Performance Work Statement (pg 6) and Cost/Price Schedule (pg 5).

Period of Performance: June 1, 2018 thru May 31, 2019 See CONTINUATION Page X X Valeria Murray Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS3
B.1 CONTRACT ADMINISTRATION DATA3
B.2 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011)4
B.3 PRICE/COST SCHEDULE5
ITEM INFORMATION5
B.4 DESCRIPTION/SPECIFICATIONS/WORK STATEMENT6
SECTION C - CONTRACT CLAUSES28
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (JAN 2017)28
C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)34
C.3 52.224-1 PRIVACY ACT NOTIFICATION (APR 1984)34
C.4 52.224-2 PRIVACY ACT NOTIFICATION (APR 1984)34
C.5 SUPPLEMENTAL INSURANCE REQUIREMENTS35
C.6 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008)36
C.7 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2016)(DEVIATION)36
C.8 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012)37
C.9 VAAR 852.237-7 INDEMNIFICATION AND MEDICAL LIABILITY INSURANCE (JAN 2008)38
C.10 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)39
C.11 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)39
C.12 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2018)40
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS47
SECTION E - SOLICITATION PROVISIONS48
E.1 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (JAN 2017)48
E.2 52.216-1 TYPE OF CONTRACT (APR 1984)54
E.3 52.233-2 SERVICE OF PROTEST (SEP 2006)54
E.4 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (JAN 2008)55
E.5 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (JAN 1998)55
E.6 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014) TAILORED56
E.7 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (NOV 2017)57

SECTION B - CONTINUATION OF SF 1449 BLOCKS

NO TEXT

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:

b. GOVERNMENT: Contracting Officer 36C247 Valeria Murray Department of Veterans Affairs Central Alabama Veterans Health Care 2400 Hospital Road Tuskegee AL 36083

2. CONTRACTOR REMITTANCE ADDRESS: 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
[]
52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly[]
b. Semi-Annually[]
c. Other[X] monthly

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.

Department of Veterans Affairs

FMS-VA-2(101)

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

5. SECURE FAX: Contractor shall add the following language when faxing information: 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 above.

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

7. HIPAA COMPLIANCE: - Contractor must adhere to the provisions of Public Law 104-191, Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the National Standards to Protect the Privacy and Security of Protected Health Information (PHI). A business associate agreement is not required in this case.

8. POST AWARD ORIENTATION: The Contracting Officer will schedule a post award orientation conference for contract orientation purposes.

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

This solicitation includes VAAR 852.219-10 VA Notice of Total Service- Disabled Veteran-Owned Small Business Set-Aside. Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by VA to assist in assessing the contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to contractor's offices where the contractor's business records or other proprietary data are retained and to review such business records regarding the contractor's compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM NUMBER
DESCRIPTION OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
0001
INTERNAL MEDICINE PHYSICIANS; TWO (2) LOCUMS TENENS PHYSICIANS TO PROVIDE PRIMARY CARE SERVICES FOR THE BENEFICIARIES OF THE COMMUNITY BASED OUTPATIENT CLINICS (CBOC) AND THE WJB DORN VAMC

Contract Period: Base POP Begin: 06-01-2018 POP End: 05-31-2019

2,080.00
HR
____________
________________
GRAND TOTAL
________________

B.4 DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

36C24718R0193

Page 1 of Page 1 of

1. GENERAL:

1.1. DESCRIPTION OF WORK:

1.1.1. The Contractor shall provide two (2) Physicians to provide Primary Care Services for beneficiaries of the Department of Veterans Affairs Medical Center and Community Based Outpatient Clinics (CBOCs) located at:

6439 Garners Ferry Rd, Columbia, SC 29209

1822 Sally Hill Farms Blvd., Florence SC

407 North Salem Ave., Sumter SC

1767 Village Park Dr., Orangeburg, SC

41 Park Creek Dr., Greenville, SC

3030 Highway 81 N., Anderson SC

279 North Grove Medical Park Dr., Spartanburg, SC

The contract physicians shall be available to provide services at any of the above listed sites and be flexible regarding assignment.

1.1.2. This requirement is for non-personal services; contract personnel performing under this contract shall perform services under the control and general supervision of the Chief, Community Based Care Service and/or the Contracting Officers Representative.

2. PERFORMANCE MEASURES:

2.1. Outcome: The contractor will provide qualified personnel who will fulfill the requirement to provide Primary Care services at a standard enabling the VA to provide such services at a high level of quality.

2.2. Standards: Acceptable measures include: maximum two substantiated complaints per provider per six month period, to see patients within 20 minutes of scheduled appointment, and patients able to schedule an appointment within 14 days of desired date. The standard Primary Care provider daily schedule includes twelve 30 minute slots per day that can accommodate established (30 minutes) and/or new (60 minutes) patients:

6 new patients per day or 8 established patients and 2 new patients per day or as directed by the Chief, CBOCs or the COR

Other performance evaluation standards that will be monitored include compliance with VA requirements for documentation of care in the Computerized Patient Record System (CPRS). Electronic entry and signing of orders is required. Appropriate documentation of services and response to “alerts” will be performed within established time frames. The contractor’s employee(s) will be required to use CPRS to enter progress notes, order medications and diagnostic tests, to place consults, and respond to secure messaging as well as utilize electronic mail or other sources to receive inquiries.

2.3. How Measured: The Chief, Community Based Care Service (CBCS) and/or COR will monitor provider performance through government information systems and records, patient records, customer service information, contractor reports, and time sheets.

3. QUALIFICATIONS:

3.1. License: Meet all licensing/certification requirements to perform as Primary Care Physician in accordance with requirements of the basic contract. The Contractor’s physician (s) assigned by the Contractor to perform the services covered by this contract shall have a current license to practice medicine in any State, Territory, or Commonwealth of the United States or the District of Columbia when services are performed onsite on VA property.

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

3.2. Board Certification: All contractors’ physician (s) shall be a Doctor of Medicine (M.D.) or Osteopathy (D.O.) who is board certified or board eligible in Internal Medicine or Family Practice Medicine.

3.3. Credentialing and Privileging: Credentialing and privileging is to be done in accordance with the provisions of VHA Handbook 1100.19 referenced above. The Contractor is responsible to ensure that proposed physician(s) possesses the requisite credentials enabling the granting of privileges. No services shall be provided by any contractor’s physician (s) prior to obtaining approval by the Dorn VAMC Professional Standards Board, Medical Executive Board and Medical Center Director.

3.3.1. If a contractor’s physician (s) is not credentialed and privileged or has credentials/privileges suspended or revoked, the Contractor shall furnish an acceptable substitute without any additional cost to the government within 24 hours.

3.4. Technical Proficiency: Foreign medical graduate physicians shall possess a valid certificate from the Educational Council for Foreign Medical Graduates. Contractor’s physician (s) shall be technically proficient in the skills necessary to fulfill the government’s requirements, including the ability to speak, understand, read, write, and type English fluently. Contractor shall provide documents upon request of the CO/COR to verify current and ongoing competency, skills, certification and/or licensure related to the provision of care, treatment and/or services performed. Contractor shall provide verifiable evidence of all educational and training experiences including any gaps in educational history for all contractor’s physician (s) and contractor’s physician (s) shall be responsible for abiding by the Facility's Medical Staff By-Laws, rules, and regulations (referenced herein) that govern medical staff behavior.

3.5. Training (ACLS, BLS, CPRS and VA MANDATORY): Contractor shall meet all VA educational requirements and mandatory course requirements defined herein; all training must be completed by the contractor’s physician (s) as required by the VA.

TMS Training
Frequency (once a year, etc.)
Annual Hours
National Rules of Behavior to Access VA Information & Systems.
Online, prior to employment, then yearly.
1 Hour
VA Cyber Security & Awareness Training.
Online, prior to employment, then yearly.
1 Hour
VA General Privacy Training.
Online, prior to employment, then yearly.
1 Hour
Moderate Sedation
Online, prior to employment, then yearly
1 hour
EDIS – TMS Training
Online, prior to employment, then yearly
1 hour

Additional TMS requirements (Ex. OOORAM)

Online within 3 weeks after first shift and then yearly
1 hour dedicated per full- work week to complete training requirements
Computerized Patient Record System (CPRS) Systems.
On the Job Training on first day of employment.
8 Hours
Advanced Cardiac-Life Support (ACLS)
Completed before employment and upon expiration thereafter.
Basic Life Support (BLS)
Completed before employment and upon expiration thereafter.

Contractor shall provide to the COR a copy of the training certificates for each applicable employee within one (1) week of the initiation of the contract and annually thereafter, as required. These online courses listed above are located at the following web site: https://www.tms.va.gov/plateau/user/login.jsp. Detail instructions on account setup will be provided to the successful offeror upon contract award. Failure to complete this mandatory training listed above within the timeframe required shall be grounds for suspension or termination of all physical and/or electronic access privileges and removal from work on the contract until such time as the training is completed.

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

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

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

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

3.7. National Provider Identifier (NPI): NPI is a standard, unique 10-digit numeric identifier required by HIPAA. The Veterans Health Administration must use NPIs in all HIPAA-standard electronic transactions for individual (health care practitioners) and organizational entities (medical centers). The Contractor shall have or obtain appropriate NPI and if pertinent the Taxonomy Code confirmation notice issued by the Centers for Medicare and Medicaid Services (CMS) National Plan and Provider Enumeration System (NPPES) be provided to the Contracting Officer with the proposal.

3.8. DEA is required: Contractor shall provide copy of current DEA certificate.

3.9. Conflict of Interest: The Contractor and all contractors’ physician (s) are responsible for identifying and communicating to the CO and COR conflicts of interest at the time of proposal and during the entirety of contract performance. At the time of proposal, the Contractor shall provide a statement which describes, in a concise manner, all relevant facts concerning any past, present, or currently planned interest (financial, contractual, organizational, or otherwise) or actual or potential organizational conflicts of interest relating to the services to be provided. The Contractor shall also provide statements containing the same information for any identified consultants or subcontractors who shall provide services. The Contractor must also provide relevant facts that show how it’s organizational and/or management system or other actions would avoid or mitigate any actual or potential organizational conflicts of interest. These statements shall be in response to the VAAR provision 852.209-70 Organizational Conflicts of Interest (Jan 2008) and fully outlined in the Veteran Health Administration (VHA) Handbook 1660.03 Conflict of Interest

3.10. Citizenship related Requirements:

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

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

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

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

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

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

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

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

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

3.13. Non Personal Healthcare Services: The parties agree that the Contractor and all contractor’s physician (s) shall not be considered VA employees for any purpose.

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

3.15. Prohibition Against Self-Referral: Contractor’s physicians are prohibited from referring VA patients to contractor’s or their own practice(s).

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

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

3.17.1. Workers’ compensation

3.17.2. Professional liability insurance

3.17.3. Health examinations

3.17.4. Income tax withholding, and

3.17.5. Social security payments.

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

http://www.va.gov/VHAPUBLICATIONS/ViewPublication.asp?pub_ID=3152

4. HOURS OF PERFORMANCE:

4.1. The Contractor(s) may be assigned to work at the WJB Dorn VAMC or any one of the CBOC locations for a minimum of a one month period. A full day would require the contractor to be present at the facility during normal operating hours from 8:00am until 4:30pm (excluding lunch), Monday through Friday. Duties may require additional time for Computerized Patient Record System (CPRS) entry and patient results management.

4.1.1. The 30-minute lunch period will not be compensated. Workload may require additional time for completion. The Contractor may be required to sign an attendance log upon reporting to and departing from work. The ten holidays observed by the Federal Government are: New Year’s Day, Martin Luther King’s Birthday, President Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving, Christmas and any other day specifically declared by the President of the United States to be a national holiday.

5. CONTRACTOR FURNISHED PROPERTY AND PERSONNEL SERVICES:

5.1. Contractor shall ensure the contract physician has his/her own stethoscope and white lab coat for performance under this contract.

5.2. The Contractor will be responsible for protecting the personnel furnishing services under this contract. To carry out this responsibility, the Contractor will provide the following for these personnel: workers compensation, professional liability insurance, health examinations, income tax withholdings, and social security payments.

5.3. The parties agree that the Contractor, its employees, agents and subcontractors will not be considered VA employees for any purpose and will be considered employees of the Contractor. The responsibility for any leave, including any sick leave, professional development or vacation time, is the responsibility of the contractor. The Government may evaluate the quality of professional and administrative services provided, but retains no control over the medical, professional aspects of services rendered (e.g., professional judgments, diagnosis for specific medical treatment).

6. SPECIFIC TASKS:

6.1. The contract Physician shall perform the same duties as those required of any WJB Dorn VAMC Primary Care physicians of similar experience and in similar duty assignments. Each physician will be expected to evaluate and treat approximately 12-14 patients during normal working hours. Physicians will be expected to remain on duty until all patients in the clinic have been treated and released.

6.2. Physicians providing services under this contract shall comply with VA requirements for documentation of care in the computerized patient record system. Electronic entry and signing of orders is required. Appropriate documentation of services and response to “alerts” will be performed within established time frames. The contractor’s employee(s) will be required to use CPRS to enter progress notes, order medications and diagnostic tests, to place consults, and respond to secure messaging as well as utilize electronic mail or other sources to receive inquiries.

6.3. The VA pharmaceutical formulary will be used and will be adhered to when prescribing medications.

6.4. Contractor provided physicians shall take part in clinic Quality Assurance Program as required to meet the standards of the Joint Commission (TJC). Comply with TJC and Department of Veterans Affairs (DVA) requirements pertaining to patient treatment, WJB Dorn VA Medical Center Quality Assurance requirements, locally accepted tenets of standards of care, the Facility Director’s Performance Plans and the Mission of the VA, Medical Staff Bylaws. Non-compliance of these requirements may result in the revocation of clinical privileges.

6.5. Comply with any mandatory annual medical/government required training and health and immunization requirements.

7. MONITORING:

7.1. Contracting Officer’s Representative (COR) will designate appropriate VAMC personnel to monitor Contractor employee(s) work hours/services through one or a combination of the following mechanisms:

7.2. Departments being served will monitor Contractor employee(s) work hours through time and attendance logs similar to VAMC staff positions, to ensure that services called for in the contract have been received by the WJB Dorn VAMC, Columbia, SC. The COR will be responsible for verifying contract compliance. Any incidents of Contractor non-compliance as evidenced by the monitoring procedures shall be forwarded immediately to the Contracting Officer.

7.3. Community Based Care Service office staff reviews QM/PI monitoring data. The Chief, Community Based Care Service or designee will authorize the physician’s timecard on a bi-weekly basis. A copy of the physician’s timecard will be maintained by the COR for certification of payment upon receipt of invoice.

7.4. Documentation of services performed shall be reviewed prior to certifying payment. The COR will perform periodic spot checks and document with the using service to ensure reports monitoring. VAMC will pay only for services actually performed at the WJB Dorn VAMC CBOC locations in strict accordance with the schedule of price/costs. Contract monitoring and record keeping procedures shall be sufficient to ensure proper payment and allow audit verification that services were provided.

Performance Requirements Summary

The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

Performance Objective

Standard
Acceptable Quality Level

Method of Surveillance

PRS # 1.

The contractor shall provide Access –

Patients must be seen by the provider in a timely manner. (see 1.1.3.)

Patients must be able to schedule an appointment in a timely manner.

(see 1.1.3.)

Medical Documentation will be in accordance with the VA Directives (see 1.1.3.2.)

Within 20 minutes of scheduled appointment or sooner.

100%
Observation, random inspection, and reports.
Within 14 days of receipt of desired date of the patient.
100%
Review of scheduling reports.
Medical care rendered is appropriate and electronic medical records completed with required clinical performance measures and requirements will be completed within the specified timelines
100%
General observation and periodic record peer review, random inspection, and reports

PRS # 2

Quality Care –

Provider credentialing. (see 1.2.)

Patient safety incidents must be reported to the clinic supervisory staff. (see 1.5.3)

All providers must be credentialed in accordance with current VA Directives
100%
Confirmation by VA Medical Staff office that credentialing is completed accurately.
All incidents reported immediately
100%
Observation, patient and staff notifications.

PRS # 3

Patient Safety –

Patient safety incidents must be investigated, confirmed and resolved (see 1.1.3.2.)

Support the investigation of incidents as applicable.
100%
Observation of participation of investigative process

PRS # 4

Patient complaints about the quality of care are reported to the Chief, CBCS and information provided to the contract Physician and/or Nurse Manager for resolution (see 1.1.3.2.)

All contract providers are to complete all required education with is mandated throughout the VA. (see 1.5.3. and 1.5.4.)

All patient complaints are reported immediately
100%
Patient surveys, observation and random inspection (auditing).
Providers and staff are familiarized with processes and procedures through the VA Orientation process
100%
New and Established contract employee should complete required orientation completion of all certifications.

8. DESTRUCTION OF GOVERNMENT PROPERTY:

8.1. Subject to the terms of the contract and the circumstances surrounding the particular case, the contractor may be liable for shortages, loss, damages, or destruction of Government property. The contractor may also be liable when the use or consumption of Government property unreasonably exceeds the allowances provided for by the task order, the bill of material or other appropriate criteria. The contractor shall investigate and report to management at the VA Medical Center all cases of loss, damage or destruction of Government property in its possession or control as soon as the facts become known or when requested by the property administrator at the VA Medical Center. A report shall also be furnished when completed and accepted products or end items are lost, damaged, or destroyed while in the contractor’s possession or control. The contractor shall require any of its subcontractors possessing or controlling Government property accountable under the contract to investigate and report all instances of loss, damage, or destruction of such property.

9. BILLING and PAYMENT:

9.1. Payment will be made monthly in arrears for services rendered after receipt of a proper invoice. The VA Medical Center will establish and maintain a record keeping system that will record the hours worked by the contractor’s employee. A Contractor’s employee must be present at the VA facility and must be actually performing the required services in accordance with contract specifications in order to receive compensation. Monitoring of Contractor’s time will be demonstrated through sign-in/sign-out sheets.

9.1.2.The WJB Dorn VAMC will pay only for services actually performed and in strict accordance with the Schedule of price/costs shown in the contract.
9.1.3.Invoices rendered by the Contractor to the VAMC for services furnished a VAMC

patient or beneficiary shall be billed under the terms of this contract. Neither the beneficiary, his insurer, nor any third party shall be billed.

9.2. Billing/Vendor E-Invoice Set Up Information:

9.2.1. 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:

· Your firm’s Tax Payer ID Number (TIN)

· Your firm’s “Remit Address” information

· The VA Purchase Order (PO) number

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

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

· The Period of Performance dates (Beginning and Ending)

· All discount information if applicable (Percent and Date Terms)

· Contractor’s physician (s) (Name of Contractor’s employee)

· Hourly Rate

· Quantity of hours worked

· Total price

9.2.2. Vendor Electronic Invoice Submission Methods:

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

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

9.3. Payment Adjustments:

Invoices will be submitted for hours worked. The contractor shall be paid only for actual work performed onsite. Contract providers shall be responsible for reporting time worked accurately. The Contract shall be paid for actual hours performed. In the event that a contractor work a fraction of an hour caused by either reporting to work late or having to stay past the end of the shift, such time fractions will be rounded to the nearest hour.

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

9.5. 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.

9.6. 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.

9.7. 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.

10. PERIOD OF PERFORMANCE:

These services shall fulfill the VA’s healthcare delivery requirements in accordance with all terms, conditions, and provisions of the solicitation for a period of one (1) year.

11. MEDICAL RECORDS:

11.1.Authorities: Contractor’s physician (s) providing healthcare services to VA patients shall be considered as part of the Department Healthcare Activity and shall comply with the U.S.C.551a (Privacy Act), 38 U.S.C. 5701 (Confidentiality of claimants records), 5 U.S.C. 552 (FOIA), 38 U.S.C. 5705 (Confidentiality of Medical Quality Assurance Records) 38U.S.C. 7332 (Confidentiality of certain medical records), Title 5 U.S.C. § 522a (Records Maintained on Individuals) as well as 45 C.F.R. Parts 160, 162, and 164 (HIPAA).
11.2.HIPAA: This contract and its requirements meet exception in 45 CFR 164.502(e), and do not require a BAA in order for Covered Entity to disclose Protected Health Information to: a health care provider for treatment. Based on this exception, a BAA is not required for this contract. Treatment and administrative patient records generated by this contract or provided to the Contractors by the VA are covered by the VA system of records entitled ‘Patient Medical Records-VA’ (24VA19). Contractor generated VA Patient records are the property of the VA and shall not be accessed, released, transferred, or destroyed except in accordance with applicable laws and regulations. Contractor shall ensure that all records pertaining to medical care and services are available for immediate transmission when requested by the VA. Records identified for review, audit, or evaluation by VA representatives and authorized federal and state officials, shall be accessed on-site during normal business hours or mailed by the Contractor at his expense. Contractor shall deliver all final patient records, correspondence, and notes to the VA within twenty-one (21) calendar days after the contract expiration date.
11.3.Disclosure: Contractor’s physician (s) may have access to patient medical records: however, Contractor shall obtain permission from the VA before disclosing any patient information. Subject to applicable federal confidentiality or privacy laws, the Contractor, or their designated representatives, and designated representatives of federal regulatory agencies having jurisdiction over Contractor, may have access to VA ‘s records, at VA’s place of business on request during normal business hours, to inspect and review and make copies of such records. The VA will provide the Contractor with a copy of the VHA Handbook 1605.1, Privacy and Release of Information, http://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=1423. The penalties and liabilities for the unauthorized disclosure of VA patient information mandated by the statutes and regulations mentioned above, apply to the Contractor.
11.4.Professional Standards for Documenting Care: Care shall be appropriately documented in medical records in accordance with the standard commercial practice and guidelines established by VHA Handbook 1907.01 Health Information Management and Health Records http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=2791 and all guidelines provided by the VAMC.
11.5.Release of Information: The VA shall maintain control of releasing any patient medical information and will follow policies and standards as defined, but not limited to Privacy Act requirements. In the case of the VA authorizing the Contractor to release patient information, the Contractor in compliance with VA regulations, and at his/her own expense, shall use VA Form 3288, Request for and Consent to Release of Information from Individual’s Records, to process “Release of Information Requests.” In addition, the Contractor shall be responsible for locating and forwarding records not kept at their facility. The VA’s Release of Information Section shall provide the Contractor with assistance in completing forms. Additionally, the Contractor shall use VA Form 10-5345, Request for and Authorization to Release Medical Records or Health Information, when releasing records protected by 38 U.S.C. 7332. Treatment and release records shall include the patient’s consent form. Completed Release of Information requests will be forwarded to the VA Privacy Officer or designee at Dorn VAMC.

11.6. Direct Patient Care: 90% of the time involved in direct patient care.

11.7. Per the qualification section of this PWS, the Contractor shall provide the following staff: Board Certified /Board Eligible in Internal Medicine or Family Practice.

12. BADGES:

Contractor is required to wear I.D. badge during the entire time he/she is on VAMC grounds. I.D. badges MUST have an identification picture and shall be issued by VAMC.

13. NO SMOKING POLICY:

Except in designated are smoking is strictly prohibited.

14. CONTRACT ADMINISTRATION DATA:

The Contracting Officer 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 will 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.

15. DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE (COR):

A VA Medical Center representative of the Contracting Officer shall be designated to represent the Contracting Officer in furnishing technical guidance and advice regarding the work being performed under this task order. The foregoing is to be construed as authorization to interpret or furnish advice or information to the Contractor relative to the financial or legal aspects of the task order. Enforcement of these segments is vested and is the sole responsibility of the WJB Dorn Contracting Officer.

16. KEY PERSONNEL AND TEMPORARY EMERGENCY SUBSTITUTIONS:

16.1. The Contractor shall assign to this contract the following key personnel (attach separate sheet if necessary):

NAME
CERTIFICATION

16.2. During the first ninety (90) 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 Contracting Officer, in writing, within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period of the contract, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

16.3. The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes shall have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after 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.

16.4. For temporary substitutions where the key person will not be reporting to work for three (3) consecutive work days or more, the Contractor will provide a qualified replacement for the key person. This substitute shall have comparable qualifications to the key person. Any period exceeding two weeks will require the procedure as stated above.

17. GOVERNMENT RESPONSIBILITIES:

17.1. CO/CS RESPONSIBILITIES:

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

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