36C24819R0007-002.docx

36C24818R0794

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

36C24819R0007 10-22-2018 Shaundrica M. Close, Contracting Officer 407-646-4061 11-12-2018 4:30 p.m.

36C248 Department of Veterans Affairs Network Contracting Office 8(NCO 8) Orlando Veterans Affairs Medical Center 13800 Veterans Way Orlando FL 32827

X

621111 $11 Million

N/A

36C548 Department of Veterans Affairs West Palm Beach Veterans Affairs Medical Center 7305 North Military Trail

West Palm Beach FL 33410 36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) Orlando Veterans Affairs Medical Center 13800 Veterans Way Orlando FL 32827

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971

See CONTINUATION Page The contractor shall provide Radiation Therapy Services on-site by providing a .12 full-time equivalent (FTE) Board Certified Radiation Oncology Physician and a .10 Board Certified Advanced Therapeutic Medical Physicist.

Reference pages five (5) through eleven (11) for the Price Schedule and pages twelve (12) through fifty-one (51) for the performance work statement.

See CONTINUATION Page

Shaundrica M. Close

CONTRACTING OFFICER

Table of Contents

B.4 PEFORMANCE WORK STATEMENT……………………………………………………12

C.3 52.204-9 PERSONAL IDENTITY VERFICATION OF CONTRACTOR PERSONNEL (JAN 2011)………………………………………………………………………………………..57 C.4 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS……………………………………………………………………………………..…57

C.5 52.216-18 ORDERING (OCT 995)………………………………………..………………..59

C.6 52.216-19 ORDER LIMITATIONS (OCT 1995)…………………………………………..59

C.7 52.216-22 INDEFINITE QUANTITY (OCT 1995)………………………………………...59

C.8 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)………………………………..60

C.9 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)..…….60

C.10 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997) …………………………………………………………………………………………………….60C.11 SUPPLEMENTAL INSURANCE REQUIREMENTS...........……………………………61 C.12 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984) …….……………………………………………………………………………………………...61

C.13 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)…………………….61

C.14 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (DEC 2009……………………….62

C.15 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (DEC 2009)………….62

C.16 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012)……………………………………………………………………………………………..62 C.17 VAAR 852.237-7 INDEMNIFICATION AND MEDICAL LIABILITY INSURANCE (JAN 2008)……………………………………………………………………………………….63

C.18 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)………………...64

C.19 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (AUG 2018)……….…...64

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

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

b. GOVERNMENT: Contracting Officer (90C) Shaundrica M. Close Department of Veterans Affairs Network Contracting Office (NCO) 8 13800 Veterans Way Orlando FL 32827 Phone: 407-646-4061 Email: Shaundrica.Close@va.gov

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

or

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with Veteran Affairs Acquisition Regulation (VAAR) Clause 852.232-72 Electronic Submission of Payment Requests (NOV 2012).

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

6. CAUTION: Late submissions, modifications, and withdrawals: See Provision 52.212-1. Proposals are subject to all terms and conditions of this solicitation.

7. POST AWARD ORIENTATION: The Contracting Officer will schedule a post award orientation conference for contract orientation purposes as required by information letter (IL) 003A3-12-04.

http://www.va.gov/oal/docs/library/ils/il12-04.pdf

B.2 SECURE FAX REQUIREMENTS

Contractor shall include the following on all facsimile, “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.”

B.3 SCHEDULE OF SERVICES

The Contractor shall furnish all personnel to provide services necessary to perform on-site Radiation Therapy Services to eligible beneficiaries of the Department of Veterans Affairs Medical Center, West Palm Beach (hereinafter referred to as (WPBVAMC)). The contractor shall provide a .12 (250 hours) full time equivalent (FTE) Board Certified Radiation Oncology Physician and a .10 (208 hours) FTE Board Certified Advanced Therapeutic Medical Physicist (TMP).

All Veterans Affairs (VA) Radiation Oncology Services are accredited by the American College of Radiology (ACR) and follow the standards and guidelines set forth by ACR. As such any Contractor providing on-site radiation oncology services must adhere to all the American College of Radiology Guidelines & Technical Standards for Radiation Oncology:

http://www.acr.org/Quality-Safety/Standards-Guidelines/Practice-Guidelines-by-Modality/Radiation-Oncology http://www.acr.org/Quality-Safety/Appropriateness-Criteria/New-and-Revised http://www.acr.org/Quality-Safety/Standards-Guidelines/Technical-Standards-by-Modality/Medical-Physics

Place of Performance: Radiation Oncology Service, Cancer Center, 7305 N. Military Trail, West Palm Beach, FL 33410.

1. MINIMUM AND MAXIMUM GUARANTEED: This solicitation includes a guaranteed minimum of $250.00 of services for the base year of the contract. The maximum amount to be ordered for this solicitation for the base, and all option periods, if exercised by the Government, is $570,300.00. If the maximum aggregate amount of $570,300.00 is reached prior to the end date of the final period of performance, no further task orders will be issued on the contract.

2. ESTIMATED QUANTITIES: The quantities or dollar threshold listed in the Price Schedule, effective for the periods stated are estimates only, and are not purchased by this contract. Except as this contract may otherwise provide, if the VA's requirements do not result in orders in the quantities or dollar amount described, that fact shall not constitute the basis for an equitable price adjustment.

3. TASK ORDER PROCEDURES: In lieu of issuing an individual task order whenever there is a need for service, one (1) task order will be issued to fund the base term and will be modified to increase or decrease funding as necessary. The task order will be obligated with a Not to Exceed (NTE) amount and the Contractor shall not exceed estimated quantities or dollar threshold without the expressed or written consent of the Contracting Officer. Adjustments made without approval will be considered an Unauthorized Commitment; violation under FAR 1.602-3. Should the Government choose to exercise any option years; an individual task order will be issued for each option year at the time of exercising the option. The task order will contain date of order, order number, contract line item number (CLIN), description, quantity, unit price, total estimated annual price, performance schedule, place of performance, accounting and appropriations data, and method of payment.

4. EVALUATION OF OPTIONS: Except when it is determined in accordance with FAR 17.206 (b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. This includes options under FAR 52.217-8, Option to Extend Services, which applies to this solicitation. Evaluation of options under FAR 52.217-8 will be accomplished by using the prices offered for the last option period to determine the price for a six (6) month option period, which will be added to the base and other option years to arrive at the total price. Evaluation of options will not obligate the Government to exercise the option(s).”

5. PRICING INSTRUCTIONS: Offerors must fill out the cells in the following columns in the Price Schedule for each CLIN: Unit Price, Estimated Total Annual Price, the estimated total for CLINS 0001 through 4002, the estimated grand total for the base term, each option year and the estimated grand total for base term and all option years for pricing and evaluation purposes. Throughout the life of the contract the VA will pay the awarded fixed rate. No CLINS should be left blank.

The offeror is instructed to edit the number of sub-clins to correspond with the number of key personnel submitted for the contract line item number (CLIN). Offerors shall identify by title/position or level of experience the key personnel submitted. Also, renumber SUB-CLINs if adding or removing Key Personnel.

The Contractor shall propose a minimum of two (2) key personnel to be credentialed and be available for scheduling to meet the requirements of the contract.

Period of Performance: BASE: December 6, 2018 through December 5, 2019 *

CLIN No.

SUB-CLIN

Quantity (Qty.)

Total Annual Price

HRS

KEY PERSONNEL

Name: ____________ Title: _________________

SUB-CLIN

Qty.

Total Annual Price

KEY PERSONNEL

Title: _____________

*Dates may be adjusted based upon the actual start date due to credentialing/background investigation requirements.

ESTIMATED GRAND TOTAL BASE TERM $__________________________________

OPTION YEAR 1: December 6, 2019 through December 5, 2020

SUB-CLIN

Qty.

Total Annual Price

KEY PERSONNEL

Title: ___________________________

SUB-CLIN

Qty.

Total Annual Price

KEY PERSONNEL

Name: ____________

HRS

Name: ____________

HRS

ESTIMATED GRAND TOTAL OPTION YEAR ONE (1) $__________________________________

OPTION YEAR 2: December 6, 2020 through December 5, 2021

SUB-CLIN

Qty.

Total Annual Price

KEY PERSONNEL

Name: ____________

HRS

Name: ____________

HRS

SUB-CLIN

Qty.

Total Annual Price

KEY PERSONNEL

Name: ____________

HRS

Name: ____________

HRS

ESTIMATED GRAND TOTAL OPTION YEAR TWO (2) $__________________________________

OPTION YEAR 3: December 6, 2021 through December 5, 2022

SUB-CLIN

Qty.

Total Annual Price

KEY PERSONNEL

Name: ____________

HRS

Name: ____________

HRS

SUB-CLIN

Qty.

Total Annual Price

KEY PERSONNEL

Name: ____________

HRS

Name: ____________

HRS

ESTIMATED GRAND TOTAL OPTION YEAR THREE (3) $__________________________________

OPTION YEAR 4: December 6, 2022 through December 5, 2023

SUB-CLIN

Qty.

Total Annual Price

KEY PERSONNEL

Name: ____________

HRS

Name: ____________

HRS

SUB-CLIN

Qty.

Total Annual Price

KEY PERSONNEL

Name: ____________

HRS

Name: ____________

HRS

Name: ____________

HRS

ESTIMATED GRAND TOTAL OPTION YEAR FOUR (4) $_________________________________

ESTIMATED GRAND TOTAL FOR BASE TERM AND ALL OPTION YEARS: $_________________________________

B.4 PEFORMANCE WORK STATEMENT

1. GENERAL:

1.1. SERVICES REQUIRED: The WPBVAMC located in West Palm Beach, Florida requires contractual services to provide on-site Radiation Therapy services to eligible beneficiaries of the WBPVAMC. VA Radiation Oncology Services are accredited by ACR and follow the standards and guidelines set forth by American College of Radiology. As such any Contractor providing on-site radiation oncology services must adhere to all the American College of Radiology Guidelines and Technical Standards for Radiation Oncology: A contractor providing on-site radiation oncology services must provide evidence the radiation oncology practice meets or exceeds the American College of Radiology Guidelines for Radiation Oncology.

http://www.acr.org/Quality-Safety/Standards-Guidelines/Practice-Guidelines-by-Modality/Radiation-Oncology http://www.acr.org/Quality-Safety/Appropriateness-Criteria/New-and-Revised http://www.acr.org/Quality-Safety/Standards-Guidelines/Technical-Standards-by-Modality/Medical-Physics

1.2. PLACE OF PERFORMANCE: Radiation Oncology Service, Cancer Center, 7305 N. Military Trail, West Palm Beach, FL 33410.

1.3. AUTHORITY: Title 38 United States Code (U.S.C.) 8153, Health Care Resources (HCR) sharing Authority FAR Parts 12 – Acquisition of Commercial Items in conjunction with FAR Part 15 Contracting by Negotiation.

1.4. POLICY/HANDBOOKS:

1.4.1. VA Directive 1663, published 5/10/18

https://www.va.gov/vapubs/Search_action.cfm

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

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

1.4.4. VHA Handbook 1100.18 Reporting and Responding to State Licensing Boards - http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=1364

1.4.5. VHA Handbook 1100.19 Credentialing and Privileging - http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=1806

1.4.6. VHA Directive 2012-030 Credentialing of Health Care Professionals – http://vaww.va.gov/vhapublications/ViewPublication.asp?pub_ID=2815

1.4.7. VHA Handbook 1907.01 Health Information Management and Health Records: http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=2791

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

1.4.9. VHA Directive 1105.04, published 6/21/18

https://www1.va.gov/vhapublications/publications.cfm?pub=1

1.4.10. VHA Directive 1156 Accreditation of VHA Radiation Oncology Services/Sections, https://www1.va.gov/vhapublications/publications.cfm?pub=1&order=asc&orderby=pub_Number

1.5. DEFINITIONS/ACRONYMS

1.5.1. 3-D: Three (3) Dimensional

1.5.2. 3DCRT: 3-Dimensional Conformal Radio-Therapy

1.5.3. AAPM: American Association of Physics in Medicine

1.5.4. ABR: American Board of Radiology

1.5.5. ACLS: Advanced Cardiac Life Support

1.5.6. ACR: American College of Radiology (www.acr.org/)

1.5.7. ACRO: American College of Radiation Oncology

1.5.8. AJIC: American Journal for Infection Control

1.5.9. ANSI: American National Standards Institute

1.5.10. AO: Administrative Office

1.5.11. ASC: Accredited Standards Center

1.5.12. AV: Antivirus

1.5.13. BAA: Business Associate Agreement

1.5.14. BBA: Balance Budget Act

1.5.15. BLS: Basic Life Support

1.5.16. C&A: Certification and Accreditation

1.5.17. CDC: Centers for Disease Control and Prevention

1.5.18. CEU: Certified Education Union

1.5.19. CFR: Code of Federal Regulations

1.5.20. CLIN: Contract Line Item Number

1.5.21. CME: Continuing Medical Education

1.5.22. CMS: Centers for Medicare and Medicaid Services

1.5.23. CO: Contracting Officer

1.5.24. COMM: Commercial

1.5.25. COR: Contracting Officer’s Representative

1.5.26. COS: Chief of Staff

1.5.27. CMP: Civilian Monetary Penalty

1.5.28. CPARS: Contractor Performance Assessment Reporting System

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

1.5.30. CSCA: Contractor Security Control Assessment

1.5.31. CT: Computed Tomography

1.5.32. CV: Curriculum Vitae

1.5.33. DEA: Drug Enforcement Administration

1.5.34. DSN: Defense Switched Network

1.5.35. DSS: Defense Security Service

1.5.36. DV: Dose Volume

1.5.37. DVH: Dose Volume Histograms

1.5.38. EDI: Electronic Data Interchange

1.5.39. E.G.: For Example

1.5.40. EST: Eastern Standard Time

1.5.41. ETC.: Et Cetera

1.5.42. FAR: Federal Acquisition Regulation

1.5.43. FAPIIS: Federal Awardee Performance and Integrity Information System

1.5.44. FDCC: Federal Desktop Core Configuration

1.5.45. FIPS: Federal Information Processing Standards

1.5.46. FISMA: Federal Information Security Management Act

1.5.47. FOIA: Freedom of Information Act

1.5.48. FSC: Financial Service Center

1.5.49. Full Time Equivalent (FTE): VA’s definition for full time - working the equivalent of 80 hours every two (2) weeks, 2080 hours per year. In calculating FTE, any hours not worked on national holidays shall not be included.

1.5.50. GFE Government Furnished Equipment

1.5.51. HCR: Health Care Resource

1.5.52. HHS: Department of Health and Human Services

1.5.53. 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.

1.5.54. HIPAA: Health Insurance Portability and Accountability Act

1.5.55. HRS: Hours

1.5.56. ID: Identification

1.5.57. IDIQ: Indefinite Delivery/Indefinite Quantity

1.5.58. IGRA: Interferon-gamma release assays

1.5.59. IGRT: Image Guided Radiation

Therapy is the process of frequent two (2) and three (3) -dimensional imaging, during a course of radiation treatment, used to direct radiation therapy utilizing the imaging coordinates of the actual radiation treatment plan.

1.5.60. IMRT: Intensity Modulated Radiation Therapy is the process of delivering highly conformal radiotherapy to the tumor while sparing the surrounding normal tissues by varying radiation intensity across treatment portals.

1.5.61. IROC: Imaging and Radiation Oncology Core.

1.5.62. ISO: Information Security Officer

1.5.63. MOU: Memorandum of Understanding

1.5.64. MRI: Magnetic Resonance Imaging

1.5.65. MU: Monitor Unit is a measure of machine output of a linear accelerator in radiation therapy.

1.5.66. NACI: National Agency Check with Written Inquiries

1.5.67. NAICS: North American Industry Classification System

1.5.68. NARA: National Archives & Records

1.5.69. NHPP: National Health Physics Program - NHPP provides regulatory oversight for the Nuclear Regulatory Commission master materials license issued to VHA to include permitting for use of materials, on-site inspections, and investigations of allegations, medical events, and incidents. In addition, NHPP provides oversight for machine sources of ionizing radiation used for radiation therapy. Finally, NHPP provides assistance and technical information for uses of ionizing radiation for healthcare diagnosis and treatment and non-human biomedical research. (http://www.patientcare.va.gov/NHPP.asp)

1.5.70. NIST: National Institute of Standards and Technology

1.5.71. NISP: National Industrial Security Program

1.5.72. NPI: National Provider Identifier

1.5.73. NRSC: National Radiation Safety Committee

1.5.74. NROP: National Radiation Oncology Program

1.5.75. NTE: Not to Exceed

1.5.76. OAR: Organ at Risk

1.5.77. OCS: Office of Cyber Security

1.5.78. OE: Operating Environment

1.5.79. OIG: Office Inspector General

1.5.80. OPM: Office of Personnel Management

1.5.81. ORCA: Online Representations and Certifications Application

1.5.82. OSHA: Occupational Safety and Health Administration

1.5.83. PET: Positron Emission Tomography

1.5.84. PHI: Protected Health Information

1.5.85. PII: Personally Identifiable Information

1.5.86. POA&M: Plan of Action and Milestones

1.5.87. POP: Period of Performance

1.5.88. PPD: Purified Protein Derivative

1.5.89. PPIRS: Past Performance Information Retrieval System

1.5.90. PWS: Performance Work Statement

1.5.91. QA: Quality Assurance

1.5.92. QA/QI: Quality Assurance/Quality Improvement

1.5.93. QASP: Quality Assurance Surveillance Plan

1.5.94. QI: Quality Improvement

1.5.95. QM/PI: Quality Management/Performance Improvement

1.5.96. RCA: Root Cause Analysis

1.5.97. RFP: Request for Proposal

1.5.98. SAM: System for Award Management

1.5.99. SDVOSB: Service Disabled Veteran Owned Small Business

1.5.100. SF1449: Standard Form 1449

1.5.101. SIC: Security Investigative Center

1.5.102. SOP: Standard Operating Procedure

1.5.103. SOR: System of Records

1.5.104. SP: Special Publications

1.5.105. SPI: Sensitive Personal Information

1.5.106. Tdap: Tetanus, Diphtheria and Pertussis

1.5.107. TJC: The Joint Commission

1.5.108. TMP: Therapeutic Medical Physicist

1.5.109. TMS: Talent Management System

1.5.110. TST: Tuberculosis Skin Test

1.5.111. U.S.C.: United States Code

1.5.112. U.S.: United States

1.5.113. VA: Department of Veterans Affairs

1.5.114. VAAR: Veterans Affairs Acquisition Regulation

1.5.115. VAMC: Veterans Affairs Medical Center

1.5.116. VHA: Veterans Health Administration

1.5.117. VISN: Veterans Integrated Systems Network

1.5.118. WPBVAMC: West Palm Beach Veterans Affairs Medical Center

2. QUALIFICATIONS:

2.1. Staff and Facility:

2.1.1. License: Contractor’s Radiation Oncology 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 on-site on VA property). All licenses held by personnel working on this contract shall be full and unrestricted licenses. Contractor’s Radiation Oncology Physician(s) who have current, full and unrestricted licenses in one (1) or more states, but who have, or ever had, a license restricted, suspended, revoked, voluntarily revoked, voluntarily surrendered pending action or denied upon application shall not be considered for the purposes of this contract.

2.2. Board Certification: Contractor’s Radiation Oncology Physician(s) shall be board certified. All continuing education courses required for maintaining certification must be kept up to date at all times. Documentation verifying current certification shall be provided by the Contractor to the WPBVAMC COR on an annual basis for each year of contract performance.

2.2.1. Radiation Oncology Physician(s): The Contractor shall provide ABR certified physician(s) in the area of Radiation Oncology. Contractor’s Radiation Oncology Physician(s) shall maintain certification throughout the POP. In the event that the Contractor’s Radiation Oncology Physician(s) is/are not directly employed by the treating facility, documentation must be provided to ensure adequate certification. All continuing education courses required for maintaining certification shall be kept up to date at all times. Documentation verifying current certification shall be provided quarterly and as requested. A minimum of four (4) years relevant experience in all areas of radiation oncology is required. Documentation verifying current certification shall be provided quarterly and as requested.

2.2.2. Board Certified Advanced Therapeutic Medical Physicist: The Contractor’s Advanced Therapeutic Medical Physicist(s) must be Board Certified in Medical Physics or Therapeutic Medical Physics by the ABR and maintain licensure with the Board of Licensure for Professional Medical Physicists, if applicable. Certification must be maintained throughout the contract POP. In the event that Contractor’s Advanced Therapeutic Medical Physicist(s) is/are not directly employed by the treating facility, documentation must be provided to ensure adequate certification. A minimum of five (5) years relevant experience is required.

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

2.3.1. If a Contractor’s Radiation Oncology Physician(s), Advanced Therapeutic Medical Physicist(s) and/or other Contractor Personnel are 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.

2.3.2. Credentialing of Health Care Professionals other than physicians: In accordance with VHA Directive 2012-030, all health care professionals who claim licensure, certification, or registration, as applicable to the position (this applies to all who are appointed or utilized on a full-time, part-time, intermittent, consultant, without compensation, on-station fee-basis, on-station contract, or on-station sharing agreement basis) and who are not currently credentialed in accordance with VHA Handbook 1100.19, must be credentialed in accordance with this directive.

2.4. Technical Proficiency: Contractor’s Radiation Oncology Physician(s), Advanced Therapeutic Medical Physicist(s) and other Contractor Personnel shall be technically proficient in the skills necessary to fulfill the government’s requirements, including the ability to speak, understand, read and write English fluently. Contractor shall provide documents upon request of the CO/COR to verify current and ongoing competency, skills, certification and/or licensure related to the provision of care, treatment and/or services performed. Contractor’s Radiation Oncology Physician(s), Advanced Therapeutic Medical Physicist(s) and other Contractor Personnel shall have knowledge of professional care theories, principles, practices, and procedures to serve the radiation oncology patient population. Contractor’s Radiation Oncology Physician(s), Advanced Therapeutic Medical Physicist(s) and other Contractor Personnel shall demonstrate knowledge of growth, development, and pathophysiology of disease processes specific to the radiation oncology patient population. Contractor shall provide verifiable evidence of all educational and training experiences including any gaps in educational history for all Contractor’s Radiation Oncology Physician(s) and Advanced Therapeutic Medical Physicist(s). Contractor personnel shall be responsible for abiding by the Facility’s Medical Staff By-Laws, rules and regulations referenced herein that govern medical staff behavior.

2.5. Continuing CME/CEU Requirements: The contractor shall provide the COR with copies of current CME’s/CEU’s as required or requested by the WPBVAMC. Contractor’s registered or certified by national/medical associations shall continue to meet the minimum standards for CME’s/CEU’s to remain current. CME’s/CEU’s hours shall be reported to the credentials office for tracking. These documents are required for initial and renewal privileging. Failure to provide the information shall result in loss of privileges.

2.6. Training (ACLS, BLS, CPRS and VA MANDATORY): Contractor’s Radiation Oncology Physician(s) and Advanced Therapeutic Medical Physicist(s) shall meet all VA educational requirements and mandatory course requirements defined herein; all training must be completed as required by the VA. The WBPVAMC will communicate any changes to the training requirements to the contractor.

(once a year, etc.)

Annual Hours

2.6.1. In performance of official duties, Contractor Personnel have regular access to printed and electronic files containing sensitive data, which shall be protected under the provisions of the Privacy Act of 1974 (5 U.S.C. 552a), and other applicable laws, Federal Regulations, Veterans Affairs statutes, policies and regulations. Contractor’s Personnel are responsible for one (1) protecting that data from unauthorized release or from loss, alteration, or unauthorized deletion and two (2) following all applicable regulations and instructions regarding access to computerized files, release of access codes, etc., as set out in a computer access agreement which Contractor’s Personnel shall sign.

2.6.2. Contractor’s Personnel shall complete required security training and sign a VA Computer Access Agreement prior to having access to the VA computer system. Security Training shall be accomplished annually. Contractor’s Personnel shall select training modules for Privacy and Information Security Training. Upon completion of the training, training certificates shall be emailed to Dorian.Breau@va.gov and Shaundrica.Close@va.gov.

2.6.3. In addition, if providing medical services, Contractor’s Personnel shall attend CPRS training prior to providing any patient care services. Contractor’s Personnel shall document patient care in order to comply with all VA and Joint Commission or equivalent standards. Other radiation treatment information shall be recorded in the Varian ARIA system as appropriate by the local standards.

2.6.4. Other Mandatory VA training as required: Contractor’s Personnel will be briefed on all required training by the Radiation Therapy Service Chief or service AO upon reporting to the WPBVAMC Radiation Therapy Service.

2.7. Standard Personnel Testing (PPD, etc.): Contractor shall provide proof of the following tests for Contractor’s Radiation Oncology Physician(s) within five (5) calendar days after contract award and prior to the first duty shift to the COR and CO. Tests shall be current within the past year.

2.7.1. TUBERCULOSIS TESTING: Contractor shall provide proof of a negative TST or IGRA for all Contractor’s Radiation Oncology Physician(s). A negative chest radiographic report for active tuberculosis shall be provided in cases of positive TST or IGRA results. The TST or IGRA testing shall be repeated annually. (This is applicable to all health care workers).

2.7.2. MEASLES, MUMPS, & RUBELLA TESTING: Contractor shall provide proof of immunity for the Contractor’s Radiation Oncology Physician(s). (This is applicable to all health care workers).

2.7.3. VARICELLA: Contractor shall provide proof of immunity for Contractor’s Radiation Oncology Physician(s). (This is applicable to all health care workers).

2.7.4. ACELLULAR PERTUSSIS: Contractor shall provide proof of one (1) dose of Tdap vaccination for all Contractor’s Radiation Oncology Physician(s). (This is applicable to all health care workers).

2.7.5. INFLUENZA: Contractor shall provide proof that all Contractor’s Radiation Oncology Physician(s) have received the annual Influenza vaccine unless it is contraindicated. If the Contractor’s Radiation Oncology Physician(s) has a medical contraindication to the vaccine, they shall be required to wear a mask during the Influenza season. (This is applicable to all health care workers).

2.7.6. OSHA REGULATION CONCERNING OCCUPATIONAL EXPOSURE TO BLOODBORNE PATHOGENS: Contractor shall provide evidence of completing and passing generic self-study blood-borne pathogen training for all Contractor’s Radiation Oncology Physician(s); provide their own Hepatitis B vaccination series and hepatitis B surface antigen test results following the hepatitis B vaccination series; maintain an exposure determination and control plan; maintain required records; and ensure that proper follow-up evaluation is provided following an exposure incident.

2.7.7. The WPBVAMC will notify the Contractor of any significant communicable disease exposures as appropriate. Contractor shall adhere to current CDC/HICPAC Guidelines for Infection Control in health care personnel (as published in American Journal for Infection Control - AJIC 1998; 26:289-354 http://www.cdc.gov/hicpac/pdf/InfectControl98.pdf) for disease control. Contractor shall provide follow up documentation of clearance to return to the workplace prior to their return.

2.8. National Provider Identifier (NPI): Contractor’s Radiation Oncology Physician(s) and other Contractor Personnel who provide billable healthcare services to VA; VHA, shall obtain a NPI as required by HIPAA National Provider Identifier Final Rule, administered by the CMS. This rule establishes assignment of a ten (10) digit numeric identifier for Contractor’s Radiation Oncology Physician(s), intended to replace the many identifiers currently assigned by various health plans. Contractor’s Radiation Oncology Physician(s) needs only one (1) NPI, valid for all employers and health plans. Contractor’s Radiation Oncology Physician(s) must also designate their Specialties/Subspecialties by means of Taxonomy Codes on the NPI application. The NPI may be obtained via a secure website at: https://nppes.cms.hhs.gov/NPPES.

2.9. DEA: Contractor shall provide a copy of current DEA certificate.

2.10. Conflict of Interest: The Contractor, Contractor’s Radiation Oncology Physician(s), Advanced Therapeutic Medical Physicist(s) and other Contractor Personnel 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 response to the subject attachment in Section D of the solicitation document.

2.11. Citizenship related Requirements:

2.11.1. 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;

2.11.2. 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” (https://www.uscis.gov/e-verify/federal-contractors/e-verify-federal-contractors-questions-and-answers) and any related pertinent Amendments, as well as applicable Federal Acquisition Regulations.

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

2.11.4. 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 (https://www.gpo.gov/fdsys/pkg/USCODE-2011-title18/pdf/USCODE-2011-title18-partI-chap47-sec1001.pdf.)

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

2.12. Annual Office of Inspector General (OIG) Statement: In accordance with HIPAA and the BBA of 1977, the HHS 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.

2.12.1. 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 Personnel 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 CMP for each item or service furnished during a period that the person was excluded and may also be subject to treble damages for the amount claimed for each item or service. CMP’s may also be imposed against the Contractor that employ or enter into contracts with excluded individuals to provide items or services to Federal program beneficiaries.

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

2.13. Clinical/Professional Direction: The qualifications of Contractor’s Personnel are subject to review by the WPBVAMC COS, Chief of the Radiation Therapy Service, or his/her clinical designee and approval by the Medical Center Director as provided in VHA Handbook 1100.19. Technical direction of all Contractor Personnel covered by this contract shall be the responsibility of the Contractor. A 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.

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

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

2.16. Prohibition Against Self-Referral: Contractor’s Radiation Oncology Physician(s) are prohibited from referring VA patients to Contractor’s or their own practice(s).

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

2.18. No Employee status: The Contractor shall be responsible for protecting Contractor’s Radiation Oncology Physician(s), Advanced Therapeutic Medical Physicist(s) and other Contractor Personnel furnishing services. To carry out this responsibility, the Contractor shall provide or certify that the following is provided for all staff providing services under the resultant contract:

2.18.1. Workers’ compensation

2.18.2. Professional liability insurance

2.18.3. Health examinations

2.18.4. Income tax withholding, and

2.18.5. Social security payment

2.19. Tort Liability: The Federal Tort Claims Act does not cover Contractor, Contractor’s Radiation Oncology Physician(s), Advanced Therapeutic Medical Physicist(s) and other Contractor Personnel. When a Contractor or Contractor’s Radiation Oncology Physician(s), Advanced Therapeutic Medical Physicist(s) and/or other Contractor Personnel have 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 (or Contractor’s Radiation Oncology Physician(s), Advanced Therapeutic Medical Physicist(s) or other Contractor personnel) action or non-action shall be the responsibility of the Contractor and/or insurance carrier.

2.20. Key Personnel: Contractor shall provide the number of qualified staff as is necessary to perform the services required under this contract, at the staffing level determined to be professionally acceptable by the WPBVAMC COS and in accordance with ACR staffing guidelines.

2.20.1. The minimum number of Board Certified Radiation Oncology physician(s) required to be on-site is one (1) (.12 FTE) as defined in paragraph three (3), VA Hours of Operation/Scheduling.

2.20.2. The minimum number of Board Certified Advanced Therapeutic Medical Physicist(s) required to be on-site is one (1) (.10 FTE) as defined in paragraph three (3), VA Hours of Operation/Scheduling.

2.20.3. The Contractor shall be responsible for providing coverage to the WPBVAMC during periods of vacancies of the Contractor Personnel due to sick leave, personal leave, vacations and additional coverage as required.