36C24822Q0576_2.docx
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- Q999--Medicine Cardio ECG Reading Services
- Solicitation number
- 36C24822Q0576
About this file
This is a solicitation for electrocardiogram (ECG) reading services to support the Bay Pines VA Healthcare System. The Department of Veterans Affairs seeks a contractor to provide up to ten board-certified cardiologists to remotely read approximately 515,000 ECGs over a one-year base period of performance from April 8, 2022 to April 7, 2023. The solicitation contemplates a firm-fixed-price contract with a total annual cost not to exceed $12 million. The contractor must propose adequate personnel who are credentialed and available to meet the reading requirements, and contracted physicians will only perform the initial ECG reading with any additional review referred internally.
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36C24822Q0576
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. NOV 2021)
PREVIOUS EDITION IS NOT USABLE
Prescribed by GSA - FAR (48 CFR) 53.212
7. FOR SOLICITATION
INFORMATION CALL:
STANDARD FORM 1449
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
36C24822Q0576 03-25-2022 Rosetta Quinn 813-972-2000 ext.2428 04-01-2022 4:00pm
EST
36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) 8875 Hidden River Pkwy Suite 525 Tampa FL 33637 X 621111 $12 Million N/A X Department of Veterans Affairs James A. Haley Veterans Hospital (90C) 13000 Bruce B. Downs Blvd Tampa FL 33612 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 See CONTINUATION Page The Contractor shall furnish all personnel to provide services necessary to perform reading of Electrocardiogram (ECG) procedures of patients in support of the Bay Pines VA Healthcare System (BPVAHCS), located at 10000 Bay Pines, FL, 33744. The Period of Performance is for one (1) year.
This is an Firm Fixed Price (FFP), contract.
Contract Period of Performance: 04-08-2022 - 04-07-2023.
See CONTINUATION Page X X Cyrouse Houshyani Table of Contents
| A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES | 1 | |
| SECTION B - CONTINUATION OF SF 1449 BLOCKS | 4 | |
| B.1 CONTRACT ADMINISTRATION DATA | 4 | |
| B.2 SPECIAL CONTRACT REQUIREMENTS | 5 | |
| B.3 PRICE SCHEDULE | 7 | |
| B.4 PERFORMANCE WORK STATEMENT | 8 | |
| 2. | QUALIFICATIONS: | 11 |
| 3. | VA HOURS OF OPERATION/SCHEDULING | 16 |
| 4. | CONTRACTOR RESPONSIBILITIES | 18 |
| 4.6. | PERFORMANCE STANDARDS, QUALITY ASSURANCE (QA) AND QUALITY IMPROVEMENT(QI) | 21 |
| 5. | GOVERNMENT RESPONSIBILITIES | 26 |
| 6. | SPECIAL CONTRACT REQUIREMENTS | 28 |
| Tungsten Support | 31 | |
| 6.6.1. | VA Information Custodial Language: | 31 |
| 6.6.2. | Security Incident Investigation: | 34 |
| 6.6.3. | Liquidated Damages for Data Breach: | 34 |
| 6.6.4. | Training: | 37 |
| 6.7.1 | VA INFORMATION CUSTODIAL LANGUAGE: | 38 |
| 6.7.2 | SECURITY INCIDENT INVESTIGATION: | 39 |
| 6.7.3 | LIQUIDATED DAMAGES FOR DATA BREACH: | 40 |
| 6.7.4 | SECURITY CONTROLS COMPLIANCE TESTING: | 40 |
| 6.7.5 | TRAINING: | 41 |
| 6.8 | RECORDS MANAGEMENT OBLIGATIONS | 42 |
| 6.9 | VHA Supplemental Contract Requirements for Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors | 46 |
| SECTION C - CONTRACT CLAUSES | 49 | |
| C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) | 49 | |
| C.2 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020) | 55 | |
| C.3 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2021) (JUL 2020) (DEVIATION) | 57 | |
| C.4 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) | 64 | |
| C.5 52.227-14 RIGHTS IN DATA—GENERAL (MAY 2014) | 65 | |
| C.6 VAAR 852.237-70 INDEMNIFICATION AND MEDICAL LIABILITY INSURANCE (OCT 2019) | 70 | |
| SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS | 72 | |
| SECTION E - SOLICITATION PROVISIONS | 73 | |
| E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) | 73 | |
| E.2 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) | 78 | |
| E.3 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (FEB 2021) (JUL 2020) (DEVIATION) | 80 | |
| E.4 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021) | 97 | |
| E.5 52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES—REPRESENTATION (OCT 2020) | 100 | |
| E.6 52.233-2 SERVICE OF PROTEST (SEP 2006) | 100 | |
| E.7 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND COMPLIANCE (JUL 2018) | 101 | |
| E.8 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) | 101 | |
| E.9 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 119 | |
| E.10 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) | 119 | |
| E.11 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 120 | |
| SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS | 122 |
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:
b. GOVERNMENT: Contracting Officer (90C) Department of Veterans Affairs Network Contracting Office 8 (NCO 8)
8875 Hidden River Pkwy Suite 525 Tampa FL 33637
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:
| a. Quarterly | [] |
| b. Semi-Annually | [] |
| c. Other | [X] Monthly |
4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.
Department of Veterans Affairs Financial Services Center
P.O. Box 149971 Austin TX 78714-9971 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
| AMENDMENT NO |
| DATE |
B.2 SPECIAL CONTRACT REQUIREMENTS
Under the authority of Public Law 104-262 and 38 USC 8153, the contractor agrees to provide Health Care Resources in accordance with the terms and conditions stated herein, to furnish to and at the Department of Veterans Affairs Medical Center, , the services and prices specified in the Section entitled Schedule of Supplies/Services of this contract.
1. SERVICES:
a. The services specified in the Sections entitled Schedule of Supplies/Services and Special Contract Requirements may be changed by written modification to this contract.
b. Other necessary personnel for the operation of the services contracted for at the VA will be provided by the VA at levels mutually agreed upon which are compatible with the safety of the patient and personnel and with quality medical care programming.
c. The services to be performed by the contractor will be performed in accordance with VA policies and procedures and the regulations of the medical staff by laws of the VA facility.
2. TERM OF CONTRACT:
This contract is effective one year from date of award plus one-year options that may be exercised by the VA. The contract is subject to the availability of funds. The contractor shall perform no services after September 30 of any year until the Contracting Officer authorizes such services in writing.
3. QUALIFICATIONS:
Personnel assigned by the Contractor to perform the services covered by this contract shall be licensed in a State, Territory, or Commonwealth of the United States or the District of Columbia. All licenses held by the personnel working on this contract shall be full and unrestricted licenses. The qualifications of such personnel shall also be subject to review by the VA Chief of Staff and approval by the VA Facility Director. Each person assigned to work under this contract shall be licensed by .
4. WORK HOURS:
a. The services covered by this contract shall be furnished by the contractor as defined herein. The contractor will not be required, except in case of emergency, to furnish such services during off-duty hours as described below.
b. The following terms have the following meanings:
(1) Work hours: Monday through Friday, 8:00 a.m. - 4:30 p.m.
(2) National Holidays: The 10 holidays observed by the Federal Government are:
New Years Day Martin Luther King’s Birthday Presidents Day Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Christmas AND any other day specifically declared by the President of the United States to be a national holiday.
(3) Off-Duty hours: Friday through Monday, 4:30 p.m. - 8:00 a.m.
5. PERSONNEL POLICY:
The contractor shall be responsible for protecting the personnel furnishing services under this contract. To carry out this responsibility, the contractor shall provide the following for these personnel:
- general liability
- workers compensation
- professional liability insurance
- health examinations
- income tax withholding, and
- social security payments.
The parties agree that the contractor, its employees, agents and subcontractors shall not be considered VA employees for any purpose.
6. RECORD KEEPING:
The VA Medical Center, shall establish and maintain a record keeping system that will record the hours worked by the contractor employee(s). Contractor's employee(s) shall report to Administrative Officer, or designee upon arrival at the .
7. CONTRACT PERFORMANCE MONITORING:
Monitoring of contractors time shall be demonstrated through sign-in/ sign-out sheets. The contractor shall be required to sign an attendance log upon reporting to work and departing from work. , shall be the VA official responsible for verifying contract compliance. After contract award, any incidents of contractor noncompliance as evidenced by the monitoring procedures shall be forwarded immediately to the Contracting Officer.
8. KEY PERSONNEL AND TEMPORARY EMERGENCY SUBSTITUTIONS:
The Contractor shall assign to this contract the following key personnel:
a. During the first ninety (90) days of performance, the Contractor shall make NO substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer, in writing, within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period of the contract, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.
b. The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes shall have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on the proposed substitutes. The contract will be modified to reflect any approved changes of key personnel.
c. For temporary substitutions where the key person will not be reporting to work for three (3) consecutive work days or more, the Contractor will provide a qualified replacement for the key person. This substitute shall have comparable qualifications to the key person. Any period exceeding two weeks will require the procedure as stated above.
B.3 PRICE SCHEDULE
The Contractor shall furnish all personnel to provide services necessary to perform reading of Electrocardiogram (ECG) procedures of patients of the Department of Veterans Affairs Medical Center, Bay Pines VA Healthcare System (BPVAHCS). The Contractor’s physician(s) care shall be of a quality, meeting or exceeding currently recognized national standards as established by The American College of Cardiology (ACC): https://www.acc.org
The Government intends to award a Firm Fixed Price (FFP) Contract for Electrocardiogram (ECG) Services. The contract is expected to be awarded for one (1) year.
Place of Performance: Services shall be provided off-site/remote
Additional information: The Contractor shall propose adequate personnel, not to exceed ten (10) credentialed physicians, to be credentialed and be available to remotely read the specified quantity of ECGs to meet the requirements of the contract. Contracted physician(s) will only perform the initial ECG reading. Any additional overread or additional review of the patient’s chart will be referred to Bay Pines Staff Cardiologists, who will be responsible for review and any necessary follow u.
Period of Performance:
One Year: March 28, 2022 to March 27, 2023
| LIN |
| Description |
| Qty. |
| Unit |
| Unit Cost |
| Total Annual Cost |
ECG Read by a Board Certified Cardiology Physician
515,000
Hour
| LIN 0001 Total for One Year |
| $__________ |
Total for one year performance period:$_______________
B.4 PERFORMANCE WORK STATEMENT
36C24822Q0576
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1. GENERAL:
1.1. Services Provided: The Contractor shall provide Board Certified ECG reading services in accordance with the specifications contained herein to beneficiaries of the Department of Veterans Affairs (VA) and the Bay Pines VA Healthcare System.
1.2. Place of Performance: Contractor shall furnish services remotely.
1.3. Authority: Title 38 USC 8153, Health Care Resources (HCR) sharing Authority, and Federal Acquisition Regulation (FAR) Part 12 Acquisition of Commercial Items and FAR Part 13 Simplified Acquisition Procedures..
1.4. Policy/Handbooks the contractor shall be subject to the following policies, including any subsequent updates during the period of performance:
1.4.1. VHA Handbook 1100.17: National Practitioner Data Bank Reports: https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=2135
1.4.2. VHA Handbook 1100.18: Reporting And Responding To State Licensing Boards: https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=1364
1.4.3. VHA Handbook 1100.19: Credentialing and Privileging: http://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=2910
1.4.4. VHA Directive 1003.04: VHA Patient Advocacy: https://vaww.va.gov/vhapublications/ViewPublication.asp?pub_ID=5970
1.4.5. VHA Directive 1088: Communicating Test Results to Providers and Patients: https://vaww.va.gov/vhapublications/ViewPublication.asp?pub_ID=3148
1.4.6. VHA Directive 1192.01: Seasonal Influenza Prevention Program: https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=8948
1.4.7. VHA Directive 1220(1): Facility Procedure Complexity Designation Requirements to Perform Invasive Procedures In Any Clinical Setting: https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=8365
1.4.8. VA Directive 1663: Health Care Resources Contracting – Buying: https://www.va.gov/vapubs/viewPublication.asp?Pub_ID=969&FType=2
1.4.9. VHA Directive 1907.01: VHA Health Information Management and Health Records: https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=9235
1.4.10. VHA Directive 1100.20 Credentialing of Health Care Professionals: https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=9444
1.4.11. Privacy Act of 1974 (5 U.S.C. 552a) as amended: http://www.justice.gov/oip/foia_updates/Vol_XVII_4/page2.htm
1.5. 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.
1.5.1. ACGME: Accreditation Council for Graduate Medical Education
1.5.2. CDC: Centers for Disease Control and Prevention
1.5.3. CEU: Certified Education Unit
1.5.4. CME: Continuing Medical Education
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1.5.5. 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.
1.5.6. 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.
1.5.7. COS: Chief of Staff
1.5.8. CPARS: Contractor Performance Assessment Reporting System
1.5.9. 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.
1.5.10. ECG: Electrocardiogram
1.5.11. DEA: Drug Enforcement Agency
1.5.12. EHR: Electronic Health Record - electronic health record system used by the VA
1.5.13. FSMB: Federation of State Medical Boards
1.5.14. HHS: Department of Health and Human Services
1.5.15. HIPAA: Health Insurance Portability and Accountability Act
1.5.16. ISO: Information Security Officer
1.5.17. POP: Period of Performance
1.5.18. PPD: Purified Protein Derivative
1.5.19. PWS: Performance Work Statement
1.5.20. Privileging (Clinical Privileging): Privileging is the process by which a practitioner, licensed for independent 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.
1.5.21. QA/QI: Quality Assurance/Quality Improvement
1.5.22. QM/PI: Quality Management/Performance Improvement
1.5.23. QASP: Quality Assurance Surveillance Plan
1.5.24. 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).
1.5.25. 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.
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1.5.26. Veterans Integrated Services Network (VISN): The regional oversight for the VA medical centers.
1.5.27. 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.
1.5.28. VETPro: a federal web-based credentialing program for healthcare providers.
1.5.29. 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 Bay Pines VA Medical Center.
2. QUALIFICATIONS:
2.1. Staff/Facility
2.1.1. License: The Contractor’s physician(s) assigned by the Contractor to perform the services covered by this contract shall have a current license to practice medicine in any State, Territory, or Commonwealth of the United States or the District of Columbia) when services are performed onsite on VA property.All licenses held by the personnel working on this contract shall be full and unrestricted licenses. Contractor’s physician(s) who have current, full and unrestricted licenses in one or more states, but who have, or ever had, a license restricted, suspended, revoked, voluntarily revoked, voluntarily surrendered pending action or denied upon application will not be considered for the purposes of this contract.
2.1.2. Board Certification: All Contractor’s physician(s) shall be Board Certified by the American Board of Internal Medicine in Cardiology http://www.abim.org/. 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 VA COR on an annual basis for each year of contract performance.
2.1.3. Credentialing and Privileging: Credentialing and privileging is to be done in accordance with the provisions of VHA Handbook 1100.19 and VHA Directive 1100.20 referenced above. The Contractor is responsible to ensure that proposed physician(s) possesses the requisite credentials enabling the granting of privileges. No services shall be provided by any Contractor’s physician(s) prior to obtaining approval by the Bay Pines VAHCS Professional Standards Board, Medical Executive Council and Medical Center Director.
2.1.3.1. If a Contractor’s physician(s) is not credentialed and privileged or has credentials/privileges suspended or revoked, the Contractor shall furnish an acceptable substitute without any additional cost to the government.
2.1.4. Technical Proficiency: Contractor’s physician(s) shall be technically proficient in the skills necessary to fulfill the government’s requirements, including the ability to speak, understand, read 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 shall provide verifiable evidence of all educational and training experiences including any gaps in educational history for all Contractor’s physician(s) and Contractor’s physician(s) shall be responsible for abiding by the Facility's Medical Staff By-Laws, rules, and regulations (referenced herein) that govern medical staff behavior.
2.1.5. Continuing Medical Education (CME)/ Certified Education Unit (CEU) Requirements: Contractor shall provide the COR copies of current CMEs as required or requested by the VAMC. Contractor’s physician(s) registered or certified by national/medical associations shall continue to meet the minimum standards for CME to remain current. Contractor shall report CME 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 physician(s).
2.1.6. Training (ACLS, BLS, EHR and VA MANDATORY): Contractor shall meet all VA educational requirements and mandatory course requirements defined herein; all training must be completed by the contractor’s physician(s) as required by the VA. Other training may become required. VA will communicate any changes to the training requirement to the contractor.
| Training |
| Frequency |
| Annual Hours |
| Government Ethics |
| Annual |
| VA Core Values Training (ICARE Recommitment) |
| Annual |
| VA Privacy and Information Security Awareness and Rules of Behavior |
| Annual |
| VHA Privacy and HIPAA Focused Training |
| Annual |
| Patient Safety |
| Annual |
| Patient Rights |
| Annual |
| EHR |
| Annual |
| VISTA Imaging |
| Annual |
2.1.7. National Provider Identifier (NPI): NPI is a standard, unique 10-digit numeric identifier required by HIPAA. The Veterans Health Administration must use NPIs in all HIPAA-standard electronic transactions for individual (health care practitioners) and organizational entities (medical centers). The Contractor shall have or obtain appropriate NPI and if pertinent the Taxonomy Code confirmation notice issued by the Centers for Medicare and Medicaid Services (CMS) National Plan and Provider Enumeration System (NPPES) be provided to the Contracting Officer with the proposal.
2.1.8. Conflict of Interest: The Contractor and all Contractor’s physician(s) are responsible for identifying and communicating to the CO and COR conflicts of interest at the time of proposal and during the entirety of contract performance. At the time of proposal, the Contractor shall provide a statement which describes, in a concise manner, all relevant facts concerning any past, present, or currently planned interest (financial, contractual, organizational, or otherwise) or actual or potential organizational conflicts of interest relating to the services to be provided. The Contractor shall also provide statements containing the same information for any identified consultants or subcontractors who shall provide services. The Contractor must also provide relevant facts that show how it’s organizational and/or management system or other actions would avoid or mitigate any actual or potential organizational conflicts of interest. These statements shall be in response to the VAAR provision 852.209-70 Organizational Conflicts of Interest ) and fully outlined in response to the subject attachment in Section D of the solicitation document.
2.1.9. Citizenship related Requirements:
2.1.9.1. The Contractor certifies that the Contractor shall comply with all legal provisions contained in the Immigration and Nationality Act of 1952, As Amended; its related laws and regulations that are enforced by 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;
2.1.9.2. 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.
2.1.9.3. 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.
2.1.9.4. 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.
2.1.9.5. 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.
2.1.10. Annual Office of Inspector General (OIG) Statement: In accordance with HIPAA and the Balanced Budget Act (BBA) of 1977, the Department of Health and
Page 1 of Page 1 of Page 1 of Page 1 of 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.
2.1.10.1. 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 physician(s) are not listed. Contractor should note that any excluded individual or entity that submits a claim for reimbursement to a Federal health care program, or causes such a claim to be submitted, may be subject to a Civil Monetary Penalty (CMP) for each item or service furnished during a period that the person was excluded and may also be subject to treble damages for the amount claimed for each item or service. CMP’s may also be imposed against the Contractor that employ or enter into contracts with excluded individuals to provide items or services to Federal program beneficiaries.
2.1.10.2. By submitting their proposal, the Contractor certifies that the HHS OIG List of Excluded Individuals/Entities has been reviewed and that the Contractors are and/or firm is not listed as of the date the offer/bid was signed.
2.2. Clinical/Professional Performance: The qualifications of Contractor personnel are subject to review by VA Medical Center COS or his/her clinical designee and approval by the Medical Center Director as provided in VHA Handbook 1100.19 and VHA Directive 2012-030. Clinical/Professional performance monitoring and review of all clinical personnel covered by this contract for quality purposes will be provided by the VAMC COS and/or the Chief of the Service or his designee. A clinical COR may be appointed, however, only the CO is authorized to consider any contract modification request and/or make changes to the contract during the administration of the resultant contract.
2.3. Non- Personal Healthcare Services: The parties agree that the Contractor and all Contractor’s physician(s) shall not be considered VA employees for any purpose.
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 physicians are prohibited from referring VA patients to contractor’s or their own practice(s)
2.6. Inherent Government Functions: Contractor and Contractor’s physician(s) shall not perform inherently governmental functions. This includes, but is not limited to, determination of agency policy, determination of Federal program priorities for budget requests, direction and control of government employees (outside a clinical context), selection or non-selection of individuals for Federal Government employment including the interviewing of individuals for employment, approval of position descriptions and performance standards for Federal employees, approving any contractual documents, approval of Federal licensing actions and inspections, and/or determination of budget policy, guidance, and strategy.
2.7. No Employee status: The Contractor shall be responsible for protecting Contractor’s physician(s) furnishing services. To carry out this responsibility, the Contractor shall provide or certify that the following is provided for all their staff providing services under the resultant contract:
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 physician(s). When a Contractor or Contractor’s physician(s) has been identified as a provider in a tort claim, the Contractor shall be responsible for notifying their legal counsel and/or insurance carrier. Any settlement or judgment arising from a Contractor’s (or Contractor’s physician(s)) action or non-action shall be the responsibility of the Contractor and/or insurance carrier.
2.9. Key Personnel:
2.9.1. The Contractor shall propose adequate personnel to be credentialed and be available to remotely read the specified quantity of ECGs to meet the requirements of the contract, but this number shall not exceed ten (10) physicians.
2.9.1.1. 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 physician(s), s/he may request, without cause, immediate replacement of said Contractor’s physician(s). The CO and COR shall deal with issues raised concerning Contractor’s physician(s) conduct. The final arbiter on questions of acceptability is the CO.
2.9.1.2. Contingency Plan: Because continuity of care is an essential part of VAMC’s medical services, The Contractor shall have a contingency plan in place to be utilized if the Contractor’s physician(s) leaves Contractor’s employment or is unable to continue performance in accordance with the terms and conditions of the resulting contract.
3. VA HOURS OF OPERATION/SCHEDULING
3.1. VA Business Hours: Normal VA Clinic days are Monday through Friday, 08:00 a.m. to 4:30 p.m. EST except on Federal Holidays as outlined below.
3.2. Federal Holidays: The following holidays are observed by the Department of Veterans Affairs:
· New Year’s Day
· President’s Day
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· Martin Luther King’s Birthday
· Memorial Day
· Independence Day
· Labor Day
· Columbus Day
· Veterans Day
· Thanksgiving
· Christmas
· Any day specifically declared to be a national holiday.
4. CONTRACTOR RESPONSIBILITIES
4.1. Clinical Personnel Required: The Contractor shall provide Contractor’s physician(s) who are competent, qualified per this performance work statement and adequately trained to perform assigned duties.
4.1.1. The contracted physicians will read ECGs electronically in the Muse. The contractor shall be prepared to receive access to the VA Network account and issued a PIV badge. Contractor shall work with the COR, the Contracting Officer, and the VHA Service Center (VSC) to complete the Contract Security Services Request to initiate the security verification process. This process includes obtaining fingerprints for background screening, which can be obtained from VA Facilities nationwide on behalf of the VSC. Contractor is responsible to safeguard the PIV badges provided to the contracted physicians and at the end of the contract, the contractor must return all PIV badges issued by the VA to the Contracting Officer Representative (COR). If all PIV badges are not returned, last payment can be held by the VA until all badges are returned.
4.2. Administrative Support Required: The Contractor shall provide an administrative point of contact that will assist in the coordination of credentialing of the Contracted Physicians with the COR and/or the designated Bay Pines Clinical Staff Affairs (CSA) staff. This includes preparation of Contracted Physician’s enrollment forms, receiving and disseminating the initial and reappointment credentialing packets to the Contracted Physicians, gathering of required documents with signatures, and the return of the credentialing packets to Bay Pines CSA. The administrator will follow up with CSA and/or COR to ensure all credentialing documents are complete and submitted within timeframes allotted by CSA. This shall include the coordination of the Contracted Physicians entering required information into the VetPro credentialing system in timely manner (within one week of notification to submit.)
4.3. Standards of Care: The Contractor’s physician(s)’ care shall be of a quality, meeting or exceeding currently recognized national standards as established by:
4.3.1. The American College of Cardiology (ACC): http://www.cardiosource.org/Science- And-Quality/Practice-Guidelines-and-Quality-Standards.aspx .
4.3.2. The professional standards of the Joint Commission (TJC): http://www.jointcommission.org/standards_information/hap_requirements.aspx
4.3.3. The standards of the American Hospital Association (AHA): http://www.hpoe.org/resources?show=100&type=8 and;
4.3.4. The requirements contained in this PWS
4.4. Medical Records
4.4.1. Authorities: Contractor’s physician(s) providing healthcare services to VA patients shall be considered as part of the Department Healthcare Activity and shall comply with the 5 U.S.C.552a (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).
4.4.2. 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 of VA patients. Based on this exception, a BAA is not required for this contract. Health records generated by this contract or provided to the Contractors by the VA are covered by the VA Privacy Act system of records entitled ‘Patient Medical Records-VA’ (24VA10A7). 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 provided to VA patients are captured in the VA electronic health record system as required by VA policy as discussed in 4.4.4.
4.4.3. Disclosure: Contractor’s physician(s) may have access to patient medical records for the purpose of providing medical care and services to VA patients and performing services under the contract; however, Contractor shall obtain permission from the VA before disclosing any patient information outside VA. VA authorizes the Contractor to discuss patient health information for coordination of care with community health care providers in compliance with VA regulations, HIPAA and VHA Directive 1605.01, Privacy and Release of Information. The VA will provide the Contractor with a copy of VHA Handbook 1907.01, 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.
4.4.4. Professional Standards for Documenting Care: Care shall be appropriately documented in medical records in accordance with standard commercial practice and guidelines established by VHA Handbook 1907.01 Health Information Management and Health Records: https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=3088 and all guidelines provided by the VAMC.
4.4.5. Release of Information: The VA shall maintain control of releasing any copies of patient health information or health records and will follow policies and standards as defined, but not limited to Privacy Act requirements. Contractor will not release or disclose copies of records and will refer all such requests to the Release of Information Department at the VA facility were assigned.
4.4.6. Management for Medical Records: National Archives and Records Administration record disposition requirements are found in RCS 10-1 Chapter 6, 6000 series.
4.5. ADMINISTRATIVE: estimated 100% of time will be spent not involved in direct patient care.
4.5.1.1. Reading of ECG: Contracted physician(s) will interpret or read ECGs. Contracted physician(s) will only perform the initial ECG reading. Any additional over read or additional review of the patient’s chart will be referred to Bay Pines Staff Cardiologists, who will be responsible for review and any necessary follow up.
4.5.1.2. QA/QI documentation: The Contractor’s physician(s) shall complete the appropriate QM/PI documentation pertaining to all procedures, complications and outcome of examinations.
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4.5.1.3. Patient Safety Compliance and Reporting: Contractor’s physician(s) shall follow all established patient safety and infection control standards of care. Contractor’s physician(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.
4.6. PERFORMANCE STANDARDS, QUALITY ASSURANCE (QA) AND QUALITY IMPROVEMENT(QI)
4.6.1. 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.
4.6.2. Patient Complaints: The CO will resolve complaints concerning Contractor relations with the Government employees or patients. The CO is final authority on validating complaints. If 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.
4.6.3. 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.
4.6.4. Performance Standards:
4.6.4.1. Measure: Provider Quality Performance
Performance Requirement:
Standard: OPPE documentation for all (100%) staff providing services under the contract. All staff (100%) meet Standards.
Acceptable Quality Level: 100% meet Standards Surveillance Method: Ongoing Provider Performance Evaluation (OPPE) data pertinent to care performed for each provider working under this contract.
OPPE data will review the following elements:
Page 1 of Page 1 of Page 1 of Page 1 of A. Patient Care Performance B. Medical/Clinical knowledge C. Practiced Based Learning and Improvement D. Interpersonal and Communication Skills E. Professionalism F. System Based Practice Frequency: Monthly chart review
4.6.4.2. Measure: Qualifications of Key Personnel
Performance Requirement: All Contractor’s physician(s) shall be Board Certified in accordance with ACC Standards.
Standard: All (100%) Contractor’s physician(s) s are board certified. Acceptable Quality Level: 100% Surveillance Method: Periodic Inspection or Random Sampling of qualification documents Frequency: Annually
4.6.4.3. Measure: Scope of Practice/Privileging
Performance Requirement: Contractor’s physician(s) perform within their individual scopes of practice/privileging.
Standard: All (100%) Contractor’s physician(s) perform within their scope of practice/privileges 100% of the time.
Acceptable Quality Level: 100% Contractor’s physician(s) perform within their scope of practice/privileges 100% of the time.
Surveillance Method: Random sampling of records. Frequency: Annually
4.6.4.4. Measure: Maintains licensing, registration, and certification Performance Requirement: Updated Licensing, registration and certification shall be provided as they are renewed. Licensing and registration information kept current.
Standard: All (100%) licensing, registration(s) and certification(s) for Contractor’s physician(s) shall be provided as they are renewed. Licensing and registration information kept current.
Acceptable Quality Level: 100% licensing, registration(s) and certification(s) for Contractor’s physician(s) shall be provided as they are renewed. Licensing and registration information kept current.
Surveillance Method: Periodic Inspection or Random Sampling Frequency: Annually
4.6.4.5. Measure: Mandatory Training
Performance Requirement: Contractor shall complete all required training on time per VAMC policy
Page 1 of Page 1 of Page 1 of Page 1 of Standard: All (100%) of required training is complete on time by Contractor’s physician(s) Acceptable Quality Level: 100% completions, Surveillance Method: Periodic Inspection Frequency: Quarterly
4.6.4.6. Measure: Privacy, Confidentiality and HIPAA Performance Requirement:
Standard: All (100%) Contractor’s physician(s) comply with all laws, regulations, policies and procedures relating to Privacy, Confidentiality and HIPAA Acceptable Quality Level: 100% compliance Surveillance Method: Periodic Inspection; Contractor shall provide evidence of annual training required by VAMC, reports violations per VA Handbook 6500.6.
Frequency: Quarterly
4.6.5. Registration with Contractor Performance Assessment Reporting System
4.6.5.1. As prescribed in Federal Acquisition Regulation (FAR) Part 42.15, the Department of Veterans Affairs (VA) evaluates Contractor past performance on all contracts that exceed the Simplified Acquisition Threshold and shares those evaluations with other Federal Government contract specialists and procurement officials. The FAR requires that the Contractor be provided an opportunity to comment on past performance evaluations prior to each report closing. To fulfill this requirement VA uses an online database, CPARS, which is maintained by the Naval Sea Logistics Center in Portsmouth, New Hampshire. CPARS has connectivity with the Past Performance Information Retrieval System (PPIRS) database, which is available to all Federal agencies. PPIRS is the system used to collect and retrieve performance assessment reports used in source selection determinations and completed CPARS report cards transferred to PPIRS. CPARS also includes access to the federal awardee performance and integrity information system (FAPIIS). FAPIIS is a web-enabled application accessed via CPARS for Contractor responsibility determination information.
4.6.5.2. Each Contractor whose contract award is estimated to exceed the Simplified Acquisition Threshold requires a CPARS evaluation. A government Focal Point will register your contract within thirty days after contract award and, at that time, you will receive an email message with a User ID (to be used when reviewing evaluations). Additional information regarding the evaluation process can be found at www.cpars.gov or if you have any questions, you may contact the Customer Support Desk @ DSN: 684-1690 or COMM: 207- 438-1690.
4.6.5.3. For contracts with a period of one year or less, the contracting officer will perform a single evaluation when the contract is complete. For contracts exceeding one year, the contracting officer will evaluate the Contractor’s performance annually. Interim reports will be filed each year until the last year of the contract, when the final report will be completed. The report shall be assigned in CPARS to the Contractor’s designated representative for comment. The Contractor representative will have sixty (60) days to submit any comments and re-assign the report to the CO.
4.6.5.4. Failure for the Contractor’s representative to respond to the evaluation within those sixty (60) days, will result in the Government’s evaluation being placed on file in the database with a statement that the Contractor failed to respond; the Contractor’s representative will be “locked out” of the evaluation and may no longer send comments.
5. GOVERNMENT RESPONSIBILITIES
5.
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