36C24821Q1495_1.docx

36C24821Q1495

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)

c. 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

36C24821Q1495 08-13-2021 Cyrouse Himid Houshyani 813-631-2816 08-20-2021

EDT

36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) 8875 Hidden River Pkwy Suite 525 Tampa FL 33637 X X 561320 $30 Million N/A X Department of Veterans Affairs Miami VA Healthcare System 1201 N.W. 16th Street Miami FL 33125 36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) 8875 Hidden River Pkwy Tampa FL 33637

Department of Veterans Affairs Financial Services Center P.O. Box 149971 Austin TX 78714-9971 Contractor shall provide 20 Certified Nurses Aide (CNA) on-site for the Miami VA Healthcare System, Miami, FL. Services shall be provided in accordance with the Performance Work Statement (PWS) and Terms and conditions listed herein.

The period of performance (POP) is for one (1) base year.

Reference page six (6) for the dates of the Period of Perf-ormance. Reference pages six (6 ) through seven (

7) for the Pri ce Schedule. Reference pages seven (7 ) through for the PWS.

This is a Indefinite Delivery, Indefinite Quantity (IDIQ) Contracts type and estimated task orders will be issued on a as needed basis.

Direct all questions for the Request for Quote (RFQ)and rel-ated documents to Cyrouse Himid Houshyani, Contracting Offi-er, at cyrouse.houshyani@va.gov no later than 1:00PM EST.

on August 17, 2021.

X X Cyrouse Himid Houshyani 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:

Title:

Address:

Telephone:

Facsimile:

E-mail: Federal Taxpayer Identification Number

Dun and Bradstreet Number

b. GOVERNMENT: Contracting Officer (90C) Contracting Officer 36C248

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor should be mailed to the following address:

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. Invoicing shall be in accordance with the requirements of The Department of Veterans Affairs (VA) Financial Services Center (VAFSC). The latest information shall be used for invoicing and payments and may change during the Period of Performance of this acquisition. Current Invoicing information is located at http://www.fsc.va.gov/einvoice.asp.

Secure Fax - please review VA Handbook 6500 that requires the following statement on all fax cover sheets be included: 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.

5. Post Award Orientation: The Contracting Officer will schedule a post award orientation for contract orientation purposes as required by VA Acquisition Manual, Part M842.502-70.

6. Mandatory Written Disclosures: Mandatory written disclosures required by FAR clause 52.203-13 to the Department of Veterans Affairs, Office of Inspector General (OIG) must be made electronically through the VA OIG Hotline at http://www.va.gov/oig/contacts/hotline.asp and clicking on "FAR clause 52.203-13 Reporting." If you experience difficulty accessing the website, call the Hotline at 1-800-488-8244 for further instructions. ACKNOWLEDGMENT OF AMENDMENTS: The Offerors acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

36C24821Q1495

B.2 SCHEDULE OF SERVICES

Page 1 of Page 1 of Page 1 of Page 1 of The Government intends to award a Indefinite Delivery, Indefinite Quantity (IDIQ), contract type for Certified Nursing Assistants (CNA) Services. The Contractor shall furnish all personnel to provide services necessary to perform and provide 20 twenty onsite Certified Nursing Assistants (CNA) Services to eligible beneficiaries of the Department of Veterans Affairs Medical Center, Miami VA Healthcare System (hereinafter referred to as MVAHCS). The Task order is expected to be award for a one (1) year period.

Minimum and Maximum Quantity: This requirement is for an estimated maximum amount of 825 units or weeks of services for the period of performance. (see below a. and b. for estimated minimum and maximum units.) A unit is defined as a one (1) week of services, a week of services is 40 hours of CNA services. Each CNA may work for 13 units or more. However, these are estimations and the contractor’s employee may only be required to work 13 units at a time.

a. The guaranteed minimum amount to be ordered for this contract, is 52 units.

b. The maximum amount to be ordered for this contract for the period of performance is 825 units.

Task Order Procedures: One (1) estimated task order will be issued to fund the period of performance and modify decreases of funding as necessary or at the end of the period of performance. Task Order will be obligated with a Not to Exceed (NTE) amount and Contractor shall not exceed estimated quantities or dollar threshold without the express or written consent of the Contracting Officer. Adjustment made without approval will be considered an Unauthorized Commitment; violation under Federal Acquisition Regulation, FAR 1.602-3.

The task order will contain date of order, order number, line item number, description, estimated quantity, unit price, performance schedule, place of performance, accounting and appropriations data, and method of payment.

Place of Performance: Services shall be provided on site, at the MVAHCS located at 1201 N.W. 16th Street, Miami, Florida 33125.

Pricing Instructions: The Quoter is instructed to complete the unit price and total annual cost based on the maximum estimated units. Quoters must fill out the cells in the following columns in the Price Schedule for the Line Item Number (LIN). For pricing and evaluation purposes, the Government is seeking a price reduction.

The Contractor shall propose 20 CNA’s within 96 hours of post award meeting. Resumes shall show the qualification requirements in accordance with the qualifications listed in the performance work statement (PWS) herein. Prior to any contractors employee starting work on the contract, the employee shall be accepted by Chief of Nursing, process security, and complete credentialing. See section four (4) “Contractor Responsibilities” for detailed instructions. Contractor shall be required to certify that their employee can meet operational hours and workload is covered. key personnel to be credentialed and be available for scheduling to meet the requirements of the contract.

Period of Performance: BASE PERIOD: 09/15/2021 to 09/14/2022 Price Schedule:

Annual Cost

B.3 PERFORMANCE WORK STATEMENT

Certified Nursing Assistants (CNA’s)

1. GENERAL:

1.1. Services Required: The Contractor shall provide thirty (20) Certified Nursing Assistants (CNA’s) who can perform services in accordance with the specifications contained herein to beneficiaries of the Department of Veterans Affairs (VA) Miami VA Health Care System. The contractor shall supply all management, supervision and labor necessary to provide non-personal staffing services. The contract personnel shall have access to and the use of all required patient care equipment, supplies, and computer access for performing services required by this contract.

1.2. Place of Performance - Contractor shall furnish services at the Miami VA Healthcare System (MVAHCS), 1201 N.W. 16th Street, Miami, Florida 33125.Areas to include, but not limited to: COVID and NON-COVID units.

1.3. Period of Performance: Base period: 09/15/2021 to 09/14/2022

1.4. Authority: 38 USC 513 General Contracting Authority, Federal Acquisition Regulation (FAR) 13 Simplified Acquisition Procedures and FAR Part 12, Acquisition of Commercial Items

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

1.5.1. VA Directive 1663, “Health Care Resources Contracting – Buying” https://www1.va.gov/vapubs/viewPublication.asp?Pub_ID=969&FType=2

1.5.2. VA Directive 1663: Health Care Resources Contracting - Buying http://www1.va.gov/vapubs/viewPublication.asp?Pub_ID=347

1.5.3. 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

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

1.5.5. - VHA Handbook 1100.18: Reporting And Responding To State Licensing Boards - http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=1364

1.5.6. - VHA Handbook 1100.19: Credentialing and Privileging - http://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=2910

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

1.5.8. Freedom of Information Act (5 U.S.C. 552) as amended: http://www.justice.gov/oip/foia_updates/Vol_XVII_4/page2.htm

1.5.9. Privacy Act of 1974 5 U.S.C. § 552a https://www.justice.gov/opcl/privacy-act-1974

1.5.10. VA Handbook 0730, “Security and Law Enforcement”

http://www1.va.gov/vapubs/viewPublication.asp?Pub_ID=755&FType=2

1.5.11. VA Handbook 6500.6 “Contract Security” https://www.va.gov/vapubs/viewPublication.asp?Pub_ID=471&FType=2

1.5.12. VA Handbook 5011/34 “Hours of Duty and Leave”

https://www.va.gov/vapubs/viewPublication.asp?Pub_ID=1102&FType=2

1.5.13. The professional standards of the Joint Commission (TJC) http://www.jointcommission.org/standards_information/hap_requirements.aspx

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

1.6.1. BLS: Basic Life Support

1.6.2. CAC: Cardiac Ambulatory Center

1.6.3. CDC: Centers for Disease Control and Prevention

1.6.4. CDR: Contract Discrepancy Report

1.6.5. CEU: Certified Education Unit

1.6.6. CME: Continuing Medical Education

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

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

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

1.6.10. Credentialing: Credentialing is the systematic process of screening and evaluating qualification and other credentials, including licensure, required education, relevant training and experience and current competence and health status.

1.6.11. HIPAA: Health Insurance Portability and Accountability Act

1.6.12. HR: Human Resources

1.6.13. ISO: Information Security Officer

1.6.14. 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).

1.6.15. NPPES: National Plan and Provider Enumeration System

1.6.16. POP: Period of Performance

1.6.17. PWS: Performance Work Statement

1.6.18. Privileging (Clinical Privileging): Privileging is the process by which a practitioner, licensed for 8independent practice; e.g., without supervision, direction, required sponsor, preceptor, mandatory collaboration, etc.; is permitted by law and the facility to practice independently, to provide specific medical or other patient care services within the scope of the individual’s license, based upon the individual’s clinical competence as determined by peer references, professional experience, health status, education, training and licensure. Clinical privileges must be facility-specific and provider-specific.

1.6.19. TJC – The Joint Commission Standard

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

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

1.6.22. VetPro: a federal web-based credentialing program for healthcare providers.

1.6.23. Veterans Affairs Medical Center (VAMC): Unless identified with the name of a different VA medical Center, for purposes of this contract, this term shall mean the Miami VA Healthcare System.

2. QUALIFICATIONS:

2.1. Staff/Facility

2.1.1. Certification – The Contractor’s employees assigned by the Contractor to perform the services covered by this contract shall be certified as a certified nurse assistant.

2.1.2. Technical Proficiency - Contractor’s employees 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 as required by 38 U.S.C. 7402(d), and 7407(d). Contractor shall provide documents upon request of the CO/COR to verify current and ongoing competency, refuse 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 employees and contractor’s employees shall be responsible for abiding by the Facility's Medical Staff By-Laws, rules, and regulations (referenced herein) that govern medical staff behavior.

2.1.3. Continuing Medical Education (CME)/ Certified Education Unit (CEU) Requirements: Contractor shall provide the COR copies of current CEUs as required or requested by the MVAHCS Contractor’s employees continuing education units (CEUs) must be recognized by Accreditation Council for Pharmacy (ACPE), or as required by the licensing authority by which the employee is licensed to remain current. Contractor shall report CEU hours to the credentials office for tracking. These documents are required for both privileging and re-privileging. Failure to provide shall result in loss of privileges for contractor’s employees.

2.1.4. Training (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 employees as required by the VA.

All CNAs must have certification in cardiopulmonary resuscitation (CPR) by an American Health Association vendor. Personnel must be able to demonstrate competency in providing CPR and have current basic life support (BLS) certification.

Prior to the first day of work, all contractors are required to have completed all necessary TMS training, Finger printing, background check, being PIV sponsored with two (2) forms of approved photo ID’s, having their signature code in the VistA computer system and be fully capable of working and providing patient care.

TMS 10176 Privacy and Information Security Awareness and Rules of Behavior TMS 10203 Privacy and HIPAA

Annual

Annual

1 hour

1 Hour

2.1.5. Standard Personnel Testing (PPD, etc.): Contractor shall provide proof of the following tests for employees 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.

2.1.6. TUBERCULOSIS TESTING: Contractor shall provide proof of a negative reaction to PPD testing for all contract employees. A negative chest radiographic report for active tuberculosis shall be provided in cases of positive PPD results. The PPD test shall be repeated annually.

2.1.7. RUBELLA TESTING: Contractor shall provide proof of immunization for all contractor’s employees 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.

2.1.8. OSHA REGULATION CONCERNING OCCUPATIONAL EXPOSURE TO BLOODBORNE PATHOGENS: Contractor shall provide generic self-study training for all contract employees; 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.

2.1.9. The MVAHCS 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 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.

2.1.10. Conflict of Interest: The Contractor and all contractor’s employees 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 quote, 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 shall 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 of the solicitation document.

2.1.11. Citizenship related Requirements:

2.1.11.1. 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;

2.1.11.2. 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” and any related pertinent Amendments, as well as applicable Federal Acquisition Regulations.

2.1.11.3. 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.

2.1.11.4. 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.

2.1.12. 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.

2.1.12.1. 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 employees are not listed. Contractor shall 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.

2.1.12.2. By submitting their quote, 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 quote was signed.

2.2. Clinical/Professional Performance: The qualifications of Contractor personnel are subject to review by VA Associate Director for Patient Care Services 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 will be provided by the MVAHCS Associate Director for Patient Care Services and/or the Chief of the Service or his/her 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.

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

2.4. 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.

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

2.6. Inherent Government Functions: Contractor and Contractor’s employees 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.

2.7. No Employee status: The Contractor shall be responsible for protecting Contractor’s employees 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:

2.7.1. Workers’ compensation

2.7.2. Professional liability insurance

2.7.3. Health examinations

2.7.4. Income tax withholding, and

2.7.5. Social security payments.

2.8. Tort Liability: The Federal Tort Claims Act does not cover Contractor or contractor’s employees. When a Contractor or contractor’s employees 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 contractor’s employees) action or non-action shall be the responsibility of the Contractor and/or insurance carrier.

2.9. Uniforms: All contract personnel shall provide their own uniforms and nametags and shall wear them anytime the personnel are on any Department of Veterans Affairs’ (VA) Medical Center (VAMC) grounds.

2.10. Physical Demands:

· The incumbent shall be able to perform all activities of the position without restriction.

· Moderate physical effort (lift/carry up to 50-100 lbs.)

· Prolonged extensive, or considerable standing/walking

· Lifts, positions, pushes, and /or transfers patients

· Assists with lifting and moving patients

· Lifts supplies/equipment

· Pushes/pulls or moves/lifts heavy equipment/supplies

· Manual dexterity and mobility

· Intermittent exertion when performing treatments

· Considerable reaching, stooping, bending, kneeling, and crouching

· Wear Personal Protective Equipment, (PPE) for extended periods of time

2.11. Key Personnel & Attendance:

2.11.1. The VA Full Time Equivalent Employee (FTEE) for the services required is 2,080 hours= 1.0 VA FTEE. FTEE is defined by VA as a minimum of 80 hours every two (2) weeks and does include holidays.

2.11.2. The number of CNA’s is 20 FTEE located within the MVAHCS, daily (be on site) as defined in paragraph Hours of Operation in this section.

2.11.3. The Contractor shall be responsible for providing coverage to the VA during periods of vacancies of the Contractor’s personnel due to sick leave, personal leave, vacations and additional coverage as required.

2.11.4. Personnel Substitutions: During the first ninety (90) calendar days of performance, the Contractor shall make NO substitutions of key personnel unless the substitution is necessitated by illness, death or termination of employment. The Contractor shall notify the CO, in writing, within ten (10) calendar days after the occurrence of any of these events and provide the information required below. After 90 days, the Contractor shall submit the information required below to the CO at least 120 calendar days prior to making any permanent substitutions.

2.11.4.1. 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 CO. Proposed substitutes shall have comparable qualifications to those of the persons being replaced. The CO will notify the Contractor within 30 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.

2.11.4.2. For temporary substitutions where the key person shall not be reporting to work for three (3) consecutive workdays or more, the Contractor shall provide a qualified replacement for the key person. The substitute shall have comparable qualifications to the key person. Any period exceeding two (2) weeks will require the procedure as stated above. Any replacement personnel must be credentialed and in good standing with the VA.

2.11.4.3. The Government reserves the right to refuse acceptance of any Contractor personnel at any time after performance begins, if personal or professional conduct jeopardizes patient care or interferes with the regular and ordinary operation of the facility. Breaches of conduct include intoxication or debilitation resulting from drug use, theft, patient abuse, dereliction or negligence in performing directed tasks, or other conduct resulting in formal complaints by patient or other staff members to designated Government representatives. Standards for conduct shall mirror those prescribed by current federal personnel regulations. Should the VA COS or designee show documented clinical problems or continual unprofessional behavior/actions with any Contractor’s employees s/he may request, without cause, immediate replacement of said Contractor’employees. The CO and COR shall deal with issues raised concerning Contractor’s employees conduct. The final arbiter on questions of acceptability is the CO.

2.11.4.4. Tardiness and No-Shows: The VA may excuse tardiness more than one (1) hour on a case-by-case basis; however, payment to the Contractor will be for the actual hours worked. Unacceptable patterns of tardiness or no-shows may result in a poor performance rating of the Contractor. This can adversely affect future government contracts. After one (1) hour of tardiness, a Contractor’s employee shall be considered a no-show. The Contractor shall have a back-up plan to provide needed staff in the event of a no-show.

2.11.4.5. Contingency Plan: Because continuity of care is an essential part of MVAHCS’s medical services, The Contractor shall have a contingency plan in place to be utilized if the Contractor’s employees leave Contractor’s employment or is unable to continue performance in accordance with the terms and conditions of the resulting contract.

3. HOURS OF OPERATION:

3.1. Duty Hours: The contractor shall provide 20.0 FTEE CNA’s to MVAHCS as required. Currently normal hospital hours are open 24 hours per day. The contractor’s employees are subject to varying work hours depending on staffing needs and may be revised as deemed appropriate by the Department Director. The Contracting Officer’s Representative (COR) will provide technical direction on specific tour of duty. Typically, the tour of duty shall be:

3.1.1 For CNA’s the tours of duty are on a rotating basis as needed for coverage and assigned. Tours of duty include, but are not limited to: 0600-1830, 1800-0630, 07:30 – 20:00 and 19:30 – 0800, on four (4), 12 hour shifts for a 48 hour work week. This shall include Federal Holidays and rotating weekends.

Ten (10) FTEE for night shift and ten (10) FTEE for day shift. May be changed by the department chief as needed.

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

· Independence Day

· Labor Day

· Columbus Day

· Veterans Day

· Thanksgiving

· Christmas

· Any day specifically declared by the President of the United States to be a national holiday.

4. CONTRACTOR RESPONSIBILITIES:

4.1.1. Personnel Required: The Contractor shall provide contractor’s employees who are competent, qualified per this performance work statement and adequately trained to perform assigned duties.

4.1.2. Provide Personnel: Within 96 hours of post award meeting, contractor shall take the following actions to provide the MVAHCS with required personnel.

4.1.2.1. Contractor shall provide 20 or more resumes to MVAHCS Chief of Nursing or designee.

4.1.2.2. Resume will be forwarded to Staffing Nurse by MVAHCS Chief of Nursing or designee for approval or disapproval.

4.1.2.3. Staffing Nurse, Chief Nurse or designee will approve or disapprove.

4.1.2.4. Approval or disapproval will be sent back to contractor by administration staff within 72 hours.

4.1.2.5. If approved, contractor will be notified, and contractor shall be required to send documentation to start VetPro credentialing and security processing.

4.1.2.6. Contractor will be notified, and employee shall start on employee orientation date identified through notification.

4.1.2.7. Once initial security process and VetPro is complete, VA admin staff will set up contractors employee Veterans Health Information Systems and Technology Architecture (VISTA) account.

4.1.2.8. Contractors employee will be sponsored by nurse recruitment.

4.1.2.9. Contractors employee will receive an appointment time to receive a Personal Identity Verification (PIV) card and contractors employee shall be required to show up at said appointment time.

4.1.2.10. Once PIV is received, contractors employee shall start work as scheduled by MVAHCS.

*note: The Government reserves the right to change processing procedures based on Government situations, such as emergencies, changes to regulatory processing, or any other change in processing that the Government deems necessary.

4.1.3. Contractor’s employees shall be responsible for signing in and out when in attendance. Time sheets will be used by the COR to confirm hours/day and services provided against the contractor’s invoices.

4.1.4. CNA’s Description of Services: The services of CNA’s shall be provided in accordance with the policies of the VA Healthcare System where assigned. CNA’s shall have professional and legal responsibility to the patient.

4.1.5. Qualifications: CNA’s must have a minimum of two (2) years current experience in one (1) or more of the following practice areas: Community Living Center, Medical-Surgical, Emergency Room, Mental Health and/or Critical Care.

4.1.6. Duties: CNA’s duties include, but are not limited to:

4.1.6.1. Serves as a member of the nursing staff and carries out routine nursing care and other personal services to assigned patients on any ward or tour assigned.

4.1.6.2. Performs a range of personal nursing care which includes activities of daily living, such as feeding, bathing, lifting and turning patients, providing oral, nail, hair related hygiene care, routine foley, oropharyngeal, nasopharyngeal, and performing preventive, rehabilitative, application of braces, prosthetic devices , utilizes equipment to promote veteran self-care i.e.; lift equipment, Hydro sounds tubs and Veteran/Resident Wandering system. Utilizes therapeutic care/procedures within the scope of a Nursing Assistant.

4.1.6.3. Documents all care provided in the appropriate clinical records.

4.1.6.4. Observes significant conditions, both physical and emotional that are relevant to the health status of the patient. Provides timely and accurate reports to their team leader or designated superior and documents all relevant information in the clinical record. Gives special attention to details of care since patients are often too ill or confused to speak for themselves. Provides information to the treatment team for inclusion in the veteran/residents plan of care, participates in treatment team meetings for resident care planning.

4.1.6.5. Performs a range of diagnostic support duties such as taking vital signs, collecting and transporting specimens, and preparing and escorting patients for discharge, tests, examinations, treatments and/or surgery per established procedures. Documents all relevant information in the clinical record.

4.1.6.6. Performs a range of treatment procedures that include changing dressings, colostomy care, tracheotomy care, skin care, simple dressing and caring for patients in isolation, and/or continuous observation (1:1) status. Documents all relevant information in the clinical record.

4.1.6.7. Maintains a safe and therapeutic environment; observes all policies pertaining to universal precautions. Provides for safety needs of patients by maintaining a clean and safe environment. Removes defective equipment, reports hazards, observes safety regulations, contributes to infection control, and utilizes proper aseptic technique in performance of duties.

4.1.6.8. Recognizes emergency situations such as cardiopulmonary arrest, choking, seizures, dysreflexia, etc., and takes appropriate action, and reports situations immediately. Documents all relevant information in the clinical record.

4.1.6.9. Accompanies patients on diagnostic or therapeutic trips assuming responsibility for basic decisions within the scope of a Certified Nursing Assistant while away from nursing units. Documents all relevant information in the clinical record.

4.1.6.10. Initiates emergency measures to control disruptive or violent behavior. Documents all relevant information in the clinical record.

4.1.6.11. Assists in the delivery of patient care as directed by the RN or LPN/LVN.

4.1.6.12. Respects patient’s rights, including but not limited to visual and auditory privacy. Displays an attitude of caring, compassion, commitment, courtesy and competence toward all veterans and their families by treating them as customers, greeting them with a smile, referring to them by name, responding to their needs, maintaining confidentiality and treating them with dignity and respect at all times.

4.1.6.13. Consistently applies VA customer services standards, and always demonstrating helpful, courteous, and respectful conduct.

4.2. MEDICAL RECORDS

4.2.1. Authorities: Contractor’s employees providing 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) 38 U.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).

4.2.2. 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’ (24VA10P2). 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.

4.2.3. Disclosure: Contractor’s employees shall 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, shall 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 VHA Handbook 1907.1, Health Information management and Health Records and VHA Directive 1605.1, Privacy and Release of Information. The penalties and liabilities for the unauthorized disclosure of VA patient information mandated by the statutes and regulations mentioned above, apply to the Contractor.

4.2.4. 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 shall be forwarded to the VA Privacy Officer at the following address: Michael Raigoso, Michael.Raigoso@va.gov, (305) 575-7000 x6464.

4.2.5. Patient Safety Compliance and Reporting: Contractor’s employees shall follow all established patient safety and infection control standards of care. Contractor’s employee(s) shall make every effort to prevent medication errors, falls, and patient injury caused by acts of commission or omission in the delivery of care. All events related to patient injury, medication errors, and other breeches of patient safety shall be documented in the medical record of those impacted and disclosed to the patient or surrogate. As soon as practicable (but within 24 hours) Contractors shall notify COR of incident and submit an entry in the VA Patient Safety Reporting System, following up with COR as required or requested.

4.3. PERFORMANCE STANDARDS, QUALITY ASSURANCE (QA) AND QUALITY IMPROVEMENT(QI)

4.3.1. Quality Management/Quality Assurance Surveillance: Contract personnel shall be subject to Quality Management measures, such as patient satisfaction surveys, timely completion of medical records, and Peer Reviews. Methods of Surveillance: Focused Provider Practice Evaluation (FPPE) and Ongoing Provider Practice Evaluation (OPPE). Contractor performance will be monitored by the government using the standards as outlined in this Performance Work Statement (PWS) and methods of surveillance detailed in the Quality Assurance Surveillance Plan (QASP). The QASP shall be attached to the resultant contract and shall define the methods and frequency of surveillance conducted.

4.3.2. Patient Complaints: The CO will resolve complaints concerning Contractor relations with the Government employees or patients. The CO is final authority on validating complaints. In the event that The Contractor is involved and named in a validated patient complaint, the Government reserves the right to refuse acceptance of the services of such personnel. This does not preclude refusal in the event of incidents involving physical or verbal abuse.

4.3.3. The Government reserves the right to refuse acceptance of any Contractor personnel at any time after performance begins, if personal or professional conduct jeopardizes patient care or interferes with the regular and ordinary operation of the facility. Breaches of conduct include intoxication or debilitation resulting from drug use, theft, patient abuse, dereliction or negligence in performing directed tasks, or other conduct resulting in formal complaints by patient or other staff members to designated Government representatives. Standards for conduct shall mirror those prescribed by current federal personnel regulations. The CO and COR shall deal with issues raised concerning Contractor’s conduct. The final arbiter on questions of acceptability is the CO.

4.3.4. Performance Standards:

4.3.4.1. Measure: Provider Quality Performance

Performance Requirement:

Standard: 100% of care provided within TJC, OSHA and VA Regulation Acceptable Quality Level: 98% meet Standards Surveillance Method: Direct Observation Frequency: Daily

4.3.4.2. Measure: Maintains licensing, registration, and/or certification Performance Requirement: Updated Licensing, registration and/or certification shall be provided as they are renewed.