36C24725Q0040.docx

36C24725Q0040

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.

UEI:

EFT:

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. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

36C24725Q0040 12-09-2024 Wyona Davis, Contracting Specialist wyona.davis@va.gov 12-31-2024

4PM

EDT

36C247

Department of Veterans Affairs Network Contracting Office 7 700 South 19th Street Birmingham AL 35233

X

621493 $19 Million

N/A

Department of Veterans Affairs VA Charleston Health Care System Ralph H. Johnson VAMC 109 Bee Street Charleston SC 29401

Network Contracting Office 7 700 South 19th Street Birmingham AL 35233

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971

See CONTINUATION Page Offsite Ophthalmology Surgical Support Services With VA Surgeons for the Ralph H. Johnson VA Health Care System

See attached Schedule and Performance Work Statement for Specifications beginning on page 6.

See Section E.1. for Instructions to Offerors

See CONTINUATION Page

ONE

Jason Compton Contracting Officer

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

Company Name: ___________________________________ Address: _________________________________________ Phone: __________________________________________ Point of Contact: ___________________________________ Email: ________________________________

SAMS UEI: ____________________________

VA Vendor No: _________________________

b. GOVERNMENT: Contracting Officer 36C247 Jason Compton Department of Veterans Affairs Network Contracting Office 7 700 South 19th Street Birmingham AL 35233

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

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

Addendum to VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(NOV 2018)

Payment will be made upon receipt of a properly prepared detailed invoice, prepared by the Contractor and submitted through Tungsten Network (formerly known as OB10) http://www.tungsten-network.com/us/en/. A properly prepared invoice shall contain:

· Invoice Number and Date

· Contractor’s Name and Address

· Accurate Purchase Order Number

· Supply or Service provided

· Period Supply or Service Provided

· Total Amount Due

b. Please begin submitting your electronic invoices through the Tungsten Network for payment processing, free of charge.

c. If you have questions about the e-invoicing program or Tungsten Network, contact information is as follows:

• Tungsten e-Invoice Setup Information: 1-877-489-6135

• Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com

• FSC e-Invoice Contact Information: 1-877-353-9791

• FSC e-invoice email: vafsccshd@va.gov

d. Web Address: HTTP://WWW.FSC.VA.GOV/EINVOICE.ASP

B.2 SCHEDULE OF SERVICES

Off-site clinical space (operating room(s)) which includes all necessary supporting staff including surgical technicians, anesthesiologists, Certified Registered Nurse Anesthetists (CRNAs), nurses and administrative personnel necessary to provide Off-site Surgical Ophthalmology Surgery Support Services to eligible beneficiaries of the Department of Veterans Affairs, Ralph H. Johnson VA Health Care System (hereinafter referred to as VAHCS). Services shall be provided off-site at the contractor’s facility. Contractor’s facility shall be no further than 5 miles from Ralph H. Johnson VAHCS. Surgery cases are to be referred by the VA surgical staff to be performed by VA Surgeons in Operating Room Suites at contractor’s site.

Pricing Instructions: For pricing and evaluation purposes, the current Centers for Medicare and Medicaid Services (CMS) Ambulatory Surgical Center (ASC) Fee Schedule, rates should be used in completing all applicable Line-Item Numbers (LINs) for all five pricing periods. Pricing for this contract is based on actual services provided. Fees shall not include physician fees. Adjustments in pricing during the term of the contract shall be limited to published changes in CMS ASC Fee Schedule rates. The basis used for calculating your price at the time of award shall remain the same throughout the life of the contract and may be validated by post award audits. If additional sub line-item numbers are needed.

Instructions for requesting Economic Price Adjustments: The burden of notifying the Contracting Officer of any changes in Medicare rates lies with the contractor. The contractor’s notification to the Contracting Officer should include a list detailing the new Medicare rates and published documentation that substantiates these rates are currently effective or shall be effective at a future date. Within seven (7) calendar days of being properly notified of the change(s) in Medicare rates by the contractor, the Contracting Officer shall attempt to verify the change(s) with the Centers for Medicare and Medicaid Services (CMS). If the change(s) cannot be verified, the Contracting Officer shall notify the contractor of this determination and shall work with the contractor to identify the issue(s) preventing verification. If the change(s) can be verified, the Contracting Officer shall implement the corresponding adjustments within fourteen (14) calendar days of verification unless the effective date has not yet arrived. In the latter case, the Contracting Officer shall implement the change(s) on the effective date unless the effective date falls within the fourteen (14) calendar days that Contracting Officer is afforded to implement the change(s) after verification. The Contracting Officer reserves the right to retain any of the remaining fourteen (14) calendar days between verification and implementation regardless of the effective date of the change(s).

The Offeror shall complete the enclosed price schedule below as instructed. No LIN or codes should be left blank. If for some reason a code has expired or is for any other reason unusable, offerors shall annotate the Price per Code block with “N/A” or otherwise notate the replacement code.

The contractor is not entitled to retroactive payment rate adjustments prior to implementation of the change(s) in Medicare rates by the Contracting Officer. “Piecemeal” changes to Medicare rates, such as only seeking per-procedure rate adjustments for select codes or a select group of codes, shall not be permitted under any circumstance. The contractor shall accept all Medicare rate changes for the period in which they are effective. VA reserves the right to adjust the Per-Procedure rates under this contract at any time should Medicare rates change regardless of whether the contractor notified the Contracting Officer of the change(s). The contractor shall be given a notice of such actions at least seven (7) calendar days prior to the effective date of the change(s).

Should there be any disagreement with the Contracting Officer’s proposed changes; the contractor shall submit a response outlining those areas in which the contractor disagrees. This response shall be provided to the Contracting Officer within seven (7) calendar days of notification of the anticipated change. The Contracting Officer reserves the right to make the final determination with regard to any change. Should the Contracting Officer implement any change(s) in Medicare rates under this contract, the contractor shall accept all corresponding adjustments in which they are effective.

The Offeror shall base pricing on the application of Medicare reimbursement rules. All spreadsheets shall be submitted in Microsoft Excel and without protected/locked portions or other methods which prevent or do not facilitate expeditious pricing validation. PDF files and similarly constructed files are not acceptable.

Indicate source for CMS rate proposed: The MAC is found at: https://www.cms.gov/MAC-info The fees were identified using the Medicare Physician Fee Schedule Part B (October 2024) found here: Medicare Physician Fee Schedule Part B (palmettogba.com).

The following information is the basis for Medicare base rates and any subsequent rate changes.

Medicare Payment System Utilized for Payment: Ambulatory Surgery Center (ASC) Payment System Schedule Updated Price Adjustment in Medicare Rates: Rates for the ASC Payment Schedule are updated on a calendar year basis and become effective on January first of any given year.

Orders: Orders shall be placed against this Fixed Price Economic Price Adjustment – Indefinite Delivery, Indefinite Quantity (FP-EPA – IDIQ) contract at the time of contract award, and as needed during the term of the contract.

Ordering Procedures: VA staff shall identify appropriate patients for off-site ambulatory surgical services. These patients shall be entered into the Electronic Medical Records (EMR) using standard VA scheduling processes. VA shall notify the contractor of the planned operating room schedule two (2) business days or more prior to the planned operative date. Substitutions for late cancellations (within 2 days of the planned operative date) shall be requested as substitution by the VA in a timely fashion and should be accepted/denied by the contractor timely.

The guaranteed minimum for the initial fiscal year in which this contract is awarded is $10,000. The maximum total value of the contract, inclusive of the all pricing periods, shall not exceed $7,500.000. The VA does not guarantee that it shall place any orders under this contract more than the guaranteed minimum award amount.

Period of Performance: 04/12/2025 – 04/11/2030 (All dates to be adjusted based upon award date)

Pricing Period 1: 04/12/2025 to 04/11/2026

Unit Price Estimated Total

66984

66991

EA

66982

15823

67917

67904

67924

65426

66170

66180

66250

66840

66850

66986

65820

67840

67120

66989

66985

37609

V2787

67882

67900

67901

67909

67911

66172

66250

65999

67120

66183

66174

68115

67903

67950

67036

67040

67105

67041

67042

67108

67113

0449T

66179

67121

68110

65420

0671T

67028

67875

65101

66825

66185

Total for Pricing Period 1

Total for Pricing Period 1 and all pricing periods: $_____________

Pricing Period 2: 04/12/2026 to 04/11/2027

Unit Price Estimated Total

66984

66991

EA

66982

15823

67904

67924

65426

66170

66180

66250

66840

66850

66986

65820

67840

67120

66989

66985

37609

V2787

67882

67900

67901

67909

67911

66172

66250

65999

67120

66183

66174

68115

67903

67950

67036

67040

67105

67041

67042

67108

67113

0449T

66179

67121

68110

65420

0671T

67028

67875

65101

66825

66185

Total for Pricing Period 2

Pricing Period 2 Total: $__________

Pricing Ordering Period 3: 04/12/2027 to 04/11/2028

Unit Price Estimated Total

66984

66991

EA

66982

15823

67917

67904

67924

65426

66170

66180

66250

66840

66850

66986

65820

67840

67120

66989

66985

37609

V2787

67882

67900

67901

67909

67911

66172

66250

65999

67120

66183

66174

68115

67903

67950

67036

67040

67105

67041

67042

67108

67113

0449T

66179

67121

68110

65420

0671T

67028

67875

65101

66825

66185

Total for Pricing Period 3

Pricing Period 3 Total: $__________

Pricing Ordering Period 4: 04/12/2028 to 04/11/2029

Unit Price Estimated Total

66984

66991

EA

66982

15823

67917

67904

67924

65426

66170

66180

66250

66840

66850

66986

65820

67840

67120

66989

66985

37609

V2787

67882

67900

67901

67909

67911

66172

66250

65999

67120

66183

66174

68115

67903

67950

67036

67040

67105

67041

67042

67108

67113

0449T

66179

67121

68110

65420

0671T

67028

67875

65101

66825

66185

Total for Pricing Period 4

Pricing Period 4 Total: $__________

Pricing Period 5: 04/12/2029 to 04/11/2030

Unit Price Estimated Total

66984

66991

EA

66982

15823

67917

67904

67924

65426

66170

66180

66250

66840

66850

66986

65820

67840

67120

66989

66985

37609

V2787

67882

67900

67901

67909

67911

66172

66250

65999

67120

66183

66174

68115

67903

67950

67036

67040

67105

67041

67042

67108

67113

0449T

66179

67121

68110

65420

0671T

67028

67875

65101

66825

66185

Total for Pricing Period 5

Pricing Period 5 Total: $__________

Total for all 5 Pricing Periods: $_____________________

B.3 PERFORMANCE WORK STATEMENT

Performance Work Statement for Offsite Surgical Support Services with VA Surgeons

1. GENERAL:

1.1 Services Provided: The contractor shall provide on-site clinical space which includes all surgical technicians, anesthesiologists, CRNAs, nurses and administrative personnel necessary to provide Ophthalmology surgery services offsite in accordance with the specifications contained herein to beneficiaries of the Department of Veterans Affairs (VA) and the Ralph H. Johnson VA Health Care System (RHJ VA HCS). Surgery cases are to be referred by the VA surgical staff to be performed by VA Surgeons in Operating Room Suites at contractor’s site

1.2 Place of Performance: Contractor shall furnish services at the contractor’s facility. The contractor’s facility shall be no further than 5 miles from the RHJ VA Medical Center.

1.3 Authority: Title 38 USC 8153, Health Care Resources (HCR) sharing Authority in conjunction with procurement authority, FAR, FAR Parts used - FAR 12 in combination with 13, 15 and VAAR 873.

1.4 Policy/Directives/Handbooks. Contractor shall comply with all relevant VA policies and procedures related to quality, access, patient safety, and performance, including but not limited to, the policies listed below. The policies listed below can be accessed electronically at the following: VA Publications and VHA Publications

1.1.1. VA Directive 1663: Health Care Resources (HCR) Contracting – Buying Title 38 U.S.C. 8153

1.1.2. VHA Directive 1003.04: VHA Patient Advocacy

1.1.3. VHA Directive 1088: Communicating Test Results to Providers and Patients

1.1.4. VHA Directive 1100.16: Health Care Accreditation of VHA Facilities and Programs

1.4.4 VHA Directive 1100.18: Reporting and Responding to State Licensing Boards

1.4.5 VHA Directive 1400.01: Supervision of Physician, Dental, Optometry, Chiropractic, and Podiatry Residents:

1.4.6 VHA Directive 1605.01: Privacy and Release of Information

1.4.7 VHA Directive 1900: VA National Standards of Practice

1.4.8 VHA Directive 1907.01: VHA Health Information Management and Health Records

1.4.9 VHA Handbook 1100.17: National Practitioner Data Bank (NPDB) Reports

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

1.5 Acronyms/Definitions: 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.

1.5.1 AAAHC: Accreditation Association for Ambulatory Health Care

1.5.2 ABA: American Board of Anesthesiology http://www.theaba.org/

1.5.3 AORN: Association of Operating Room Nurses

1.5.4 ASC: Ambulatory Surgery Center

1.5.5 AST: Association of Surgical Technicians

1.5.6 BAA: Business Associate Agreement

1.5.7 CDC: Centers for Disease Control and Prevention

1.5.8 CDR: Contract Discrepancy Report

1.5.9 CEU: Certified Education Unit

1.5.10 CMS: Centers for Medicare and Medicaid Services

1.5.11 CO: Contracting Officer – The person executing this contract on behalf of the VA with the authority to enter and administer contracts and make related determinations and findings.

1.5.12 COR: Contracting Officer’s Representative – 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 VA. The COR shall report to the CO promptly any indication of non-compliance in order that appropriate action can be taken.

1.5.13 COS: Chief of Staff

1.5.14 CPRS: Computerized Patient Recordkeeping System- electronic health record system used by the VA.

1.5.15 CPARS: Contractor Performance Assessment Reporting System

1.5.16 CPT: Current Procedural Terminology

1.5.17 CRNA: Certified Registered Nurse Anesthetist

1.5.18 ED: Emergency Department

1.5.19 EHR: Electronic Health Records. Electronic health record system used by the VA.

1.5.20 EMR: Electronic Medical Record

1.5.21 FSMB: Federation of State Medical Boards

1.5.22 FTE: Full Time Equivalent: VA’s standard definition is for full time-working the equivalent of 80 hours every two weeks, 2080 hours per year. However, providers may propose using their standard FTE definition.

1.5.23 HHS: Department of Health and Human Services

1.5.24 HICPAC: Healthcare Infection Control Practices Advisory Committee - a federal advisory committee made up of 14 external infection control experts who provide advice and guidance to the CDC and the Secretary of HHS regarding the practice of health care infection control, strategies for surveillance and prevention and control of health care associated infections in United States health care facilities.

1.5.25 HIPAA: Health Insurance Portability and Accountability Act

1.5.26 HR: Human Resources

1.5.27 Implants: Implants are defined as any active medical device which is intended to be totally or partially introduced, surgically or medically, into the human body or by medical intervention into a natural orifice, and which is intended to remain after the procedure.

1.5.28 ISO: Information Security Officer

1.5.29 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.

1.5.30 MOD: Medical Officer of the Day

1.5.31 NLNAC: National League for Nursing Accrediting Commission. www.nlnac.org

1.5.32 NPI: National Provider Identifier: NPI is a standard, unique 10-digit numeric identifier required by HIPAA. The Veterans Health Administration shall use NPIs in all HIPAA- standard electronic transactions for individual (health care practitioners) and organizational entities (medical centers).

1.5.33 NP: Nurse Practitioner

1.5.34 NPPES: National Plan and Provider Enumeration System

1.5.35 Non-Contract Provider - any person, organization, agency, or entity that is not directly or indirectly employed by the contractor or any of its subcontractors.

1.5.36 PA: Physician Assistant

1.5.37 POP: Period of Performance

1.5.38 PPD: Purified Protein Derivative

1.5.39 PWS: Performance Work Statement

1.5.40 QA/QI: Quality Assurance/Quality Improvement

1.5.41 QASP: Quality Assurance Surveillance Plan

1.5.42 QAPI: Quality Assessment and Performance Improvement

1.5.43 QM/PI: Quality Management/Performance Improvement

1.5.44 TJC: The Joint Commission

1.5.45 VA: Veterans Affairs

1.5.46 VHA: Veterans Health Administration

1.5.47 VISN: Veterans Integrated Services Network

1.5.48 VISTA: Veterans Integrated Systems Technology Architecture

2. QUALIFICATIONS: Contractor shall be duly licensed by the Department of Health and the State of South Carolina to operate an Ambulatory Surgical Center and shall be a qualified provider under the Medicare Program.

2.1 Facility:

2.1.1 The contracted facility shall meet or exceed health care accreditation requirements of VHA Directive 1100.16 or Accreditation Requirements for Ambulatory Health Care. Documentation verifying accreditation requirements shall be provided by the contractor on an annual basis.

2.1.2 The contractor’s facility shall meet all federal, state, and local fire and life safety codes and shall be accessible and convenient for wheelchair patients and other handicapped or disabled Veterans.

2.2 Staff:

2.2.1 Contractor staff shall meet state licensure requirements and all licenses held by contractor’s staff working on this contract shall be full and unrestricted licenses. Contractor staff who have, or ever had, a license restricted, suspended, revoked, voluntarily revoked, voluntarily surrendered pending action, or denied upon application shall not provide services under this contract.

2.2.2 Contractor shall have written policies and procedures regarding staff credentials and privileges. All contractor staff shall be appropriately credentialed and privileged according to those policies and procedures and practice within the scope of their privileges.

2.2.3 Contractor staff shall be technically proficient in the skills necessary to fulfill the VA’s requirements, including the ability to speak, understand, read, and write English fluently.

2.2.4 Contractor staff qualifications, licenses, and certifications shall be maintained in good standing throughout the contract period of performance. 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. In the event that contractor staff is not directly employed by the treating facility, documentation shall be provided to the COR to ensure adequate certification.

2.2.5 Contractor shall provide statement that all required infectious disease testing for personnel is current and that the contractor is compliant with all applicable laws to include OSHA regulations concerning occupational exposure to blood borne pathogens. The contractor shall also notify the VA of any significant communicable disease exposures and the VA shall also notify the contractor of the same, as appropriate. Contractor shall adhere to current CDC/HICPAC Guideline for Infection Control in health care personnel (as published in American Journal for Infection Control- AJIC 1998; 26:289-354 https://www.cdc.gov/hicpac/pdf/InfectControl98.pdf) for disease control. If personnel are absent from work secondary to infectious disease, then contractor shall provide follow up documentation of clearance prior to return to the workplace.

2.3 Conflict of Interest: The contractor and all contractor’s personnel are responsible for identifying and communicating to the CO and COR conflicts of interest at the time of offer and during the entirety of contract performance. At the time of offer, 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 shall 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 and fully outlined in response to the subject attachment in Section D.

2.4 Citizenship Related Requirements:

2.4.1 The contractor certifies that the contractor shall comply with all legal provisions contained in the Immigration and Nationality Act of 1952 (as amended); its related laws and regulations that are enforced by the Department of Homeland Security and the Department of Labor as these may relate to undocumented noncitizens and/or non-immigrant foreign nationals working under contract or subcontract for the contractor while providing services to Department of Veterans Affairs.

2.4.2 While performing services for the Department of Veterans Affairs, the contractor shall not knowingly employ, contract, or subcontract with an undocumented noncitizen or foreign national non-immigrant who is in violation their status, because 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 (including FAR Subpart 22.18).

2.4.3 If the contractor fails to comply with any requirements outlined in the preceding paragraphs or above referenced laws and regulations, the Department of Veterans Affairs may, at its discretion, require that the undocumented noncitizen or foreign national who has failed to maintain their legal status in the United States or otherwise failed to comply with the requirements of the laws administered by the Department of Homeland Security and/or the 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 may form the basis for termination of this contract for breach.

2.4.4 The contractor acknowledges that this certification concerns a matter within the jurisdiction of an agency of the United States. The contractor further acknowledges that this certification is subject to Title 18, United States Code, Section 1001, and, as such, a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution.

2.4.5 The contractor agrees to obtain a similar certification from its subcontractors. The certification shall be made as part of the offerors response to the RFQ using the subject attachment in Section D.

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

2.5.1 Therefore, all contractors shall review the OIG List of Excluded Individuals/Entities (LEIE) on the OIG web site at http://oig.hhs.gov/exclusions/index.asp to ensure that the proposed Contract staff and/or firm(s) are not listed. Contractors 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 or entity 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 Contract staff and entities that employ or enter contracts with excluded individuals or entities to provide items or services to Federal program beneficiaries.

2.5.2 By submitting their offer, the contractor certifies that the OIG LEIE has been reviewed and that the contractor and its subcontractors are not listed as of the date the offer was signed. In addition, the contractor will review the OIG LEIE annually to verify compliance.

2.6 Non-Personal Services: The parties agree that the contractor, contract staff, agents and sub-contractors shall not be considered VA employees for any purpose. All individuals that provide services under this resultant contract and are not staff of the contractor shall be regarded as subcontractors. The contractor shall be responsible and accountable for the quality of care delivered by all its subcontractors. The contractor shall be responsible for strict compliance of all contract terms and conditions without regard to who provides the service.

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

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

2.9 Inherently Governmental Functions Prohibited: This includes, but is not limited to, determination of agency policy, determination of federal program priorities for budget requests, direction and control of VA employees, selection or non-selection of individuals for federal VA employment including the interviewing of individuals for employment, approval of position descriptions and performance standards for federal employees, approving any contractual documents, approval of federal licensing actions and inspections, and/or determination of budget policy, guidance, and strategy.

2.10 Contract Personnel: The contractor shall be responsible for protecting contractor’s personnel furnishing services. To carry out this responsibility, the contractor shall provide or certify that the following is provided for all contract staff providing services under the resultant contract:

2.10.1 Workers’ compensation

2.10.2 Professional liability insurance

2.10.3 Health examinations

2.10.4 Income tax withholding, and

2.10.5 Social security payments.

2.11 Tort Liability: The Federal Tort Claims Act does not cover contractor personnel. When a contracted provider has been identified as a provider in a tort claim, The contractor’s provider shall notify the contractor’s legal counsel and/or insurance carrier. Any settlement or judgment arising from a contractor’s personnel action or non-action is the responsibility of the contractor and/or insurance carrier.

3. HOURS OF OPERATION/SCHEDULING:

3.1 BUSINESS HOURS: Normal business hour for RHJ VA HCS are 7:30 AM to 4:30 PM.

3.2 FEDERAL HOLIDAYS: The following holidays are observed by the Department of Veterans Affairs:

· New Year’s Day

· President’s Day

· Martin Luther King’s Birthday

· Memorial Day

· Juneteenth

· Independence Day

· Labor Day

· Columbus Day

· Veterans Day

· Thanksgiving

· Christmas

· Any day specifically declared to be a national holiday.

No surgeries will be scheduled on weekends or federal holidays.

3.3 Surgical Suite or Operating Room (OR) Access/Timeliness of Scheduling: VA Surgeons and Residents need entrance at least 30 minutes prior to the start of the first scheduled case for the day. Surgeons and Residents may depart and arrive during the day in order to meet duty requirements at the off-site surgery center location and at the nearby RHJ VA HCS facilities. Surgeons and Residents will not need access afterhours or on weekends when there are no scheduled cases and/or the contractor’s facility is not open.

3.3.1 RHJ VA HCS requires the use of one (1) operating room for scheduled cases

3.3.2 RHJ VA HCS requires the use of one (1) pre/post-op area

3.3.3 RHJ VA HCS requires access to schedule cases in the OR during normal business hours, Monday through Friday.

3.3.4 The OR scheduling process shall be accomplished through the use of the SharePoint site established between the VA and the contractor’s facility. RHJ VA HCS personnel will be granted access to this calendar in order to schedule patients.

3.3.5 Patients will be discharged when medically cleared to do so by the attending RHJ VA HCS physician in general accordance with expected timelines associated with ambulatory eye surgery.

3.3.6 Pre-operative instructions shall be provided by RHJ VA HCS staff (typically nurse practitioners or nurse coordinators). Contractor staff will provide further education and instructions upon the patient (veteran) arrival at the facility on the date of surgery.

3.3.7 Post-operative orders and patient instructions will be provided by RHJ VA HCS personnel.

3.3.8 Contractor shall ensure the facility is open and the OR is fully prepared for an on-time start as scheduled. Contractor shall provide necessary support throughout the perioperative period until the patient is discharged from the ambulatory eye surgery center in accordance with discharge instructions…