36C24919R0190-000.docx

FedBizOpps Combined Synopsis/Solicitation Notice

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* = Required Field FedBizOpps Combined Synopsis/Solicitation Notice Rev. March 2010 Q Board Certified/Board Eligible Psychiatrist 37129 36C24919R0190 08-16-2019 N 621112 Department of Veterans Affairs Network Contracting Office 9 1639 Medical Center Parkway Suite 400 Murfreesboro TN 37129 Dana Dixon Memphis VA Medical Center 1040 Jefferson Avenue Memphis, TN 38104 dana.dixon@va.gov Contracting Officer

(i) This is a COMBINED SYNOPSIS/SOLICITATION for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, Streamlined Procedures for Evaluation of Commercial Items. VA will conduct the procurement according to a combination of FAR Part 12, Acquisition of Commercial Items and VAAR Part 873, Simplified Acquisition Procedures for Health-Care Resources as supplemented with additional information included in this notice. This announcement constitutes the only solicitation, proposals are being requested and a written solicitation will not be issued.

(ii) This request for proposal (RFP) is issued as a Service Disabled Veteran Owned Small Business/Veteran Owned Small Business (SDVOSB/VOSB) set aside and offerors should submit a written proposal for RFP 36C24919R0190. The Government requires that all contractors doing business with this office be registered with System for Award Management (SAM) at the time of proposal submission. No offer can be accepted, and no award can be made to a company not registered in SAM. For additional information and to register in SAM, please access the following web site: https://www.sam.gov/SAM/. Please ensure that the representations and certifications are completed to allow Contracting Officers to determine your business size and any additional socio-economic categories, if applicable.

In order to register, all firms must have a Dunn & Bradstreet Number. A Dunn & Bradstreet number may be acquired free of charge by accessing the Dunn & Bradstreet website at https://iupdate.dnb.com/iUpdate/newUserLogin.htm or by phone at (800) 234-3867.

(iii) The provisions and clauses incorporated into this solicitation document are those in effect through Federal Acquisition Circular 2019-01, December 20, 2018.

(iv) The associated North American Industrial Classification System (NAICS) code for this procurement is 621112, with a small business size standard of $11 Million.

(v) CONTRACT ADMINISTRATION DATA Contract Administration: All contract administration matters will be handled by the following individuals:

Administrative Contact:

Clinical Contact: _______________________________________ Title:

Address:

City/State/Zip:

Overnight Mailing Address (if different from above):

Email: _______________________________________________ Alternate email: _______________________________________ Tax ID No.: ___________________________________________ DUNS No.: ___________________________________________

b. GOVERNMENT:

Dana Dixon, Contracting Officer Phone: (615) 225-3356 Email: dana.dixon@va.gov

Department of Veterans Affairs Network Contracting Office 9 1639 Medical Center Parkway, Suite 400 Murfreesboro TN 37129 Overnight Mailing Address: Same as above

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

52.232-33 Payment by Electronic Funds Transfer-System for Award Management.

3. INVOICES: See section 6.2 Billing

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.

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

(vi) This combined synopsis/solicitation is for the following commercial service:

The Memphis VA Medical Center (VAMC) has a requirement for one (1) Full-Time Equivalent (FTE) Board Certified/Board Eligible Psychiatrist to provide services onsite at the Memphis VAMC.

Place of Performance: Memphis VAMC, 1030 Jefferson Avenue, Memphis, TN 38104.

SCHEDULE OF SERVICES:

Pricing Instructions:

The offeror is instructed to edit the number of sub-clins to correspond with the number of key personnel submitted for the contract line item number (CLIN). Offerors shall identify by title/position or level of experience the key personnel submitted. The contract guaranteed minimum is 1,040 hours and the maximum combined contract amount shall not exceed 3,120 hours.

The offeror is instructed to include all other than price and cost information supporting the proposed price as directed in Instructions to Offerors addendum to 52.212-1.

The contractor shall propose one (1) key personnel to be credentialed and be available for scheduling to meet the requirements of the contract.

All quantities are estimates and all unit prices must be quoted as ALL INCLUSIVE firm-fixed prices including per diem, housing, and costs of all required security clearances.

Offerors shall be aware that the quantities and hours may decrease based on the ability of Memphis VAMC hiring permanent staff. The contractor will be given a sixty (60) day notice of a permanent hire that will impact estimated usage.

Period of Performance: BASE PERIOD: September 1, 2020 through August 31, 2021

ANNUAL COST

0001a

PROVIDER 1

NAME: _____________________________

TITLE: _____________________________

(vii) ORDERING PROCEDURES

Task Order Procedures

a. This contract type allows the Veteran Affairs Network Contracting Office (NCO 9) Contracting Officers to place orders with the contractors on an as needed basis. In accordance with the Federal Acquisition Regulation (FAR) Clauses 52.216-18, Ordering. NCO 9 will obligate the funding and order the services by issuing a task order. A funded task order may only be awarded and issued by a warranted Contracting Officer. Any changes to this contract may only be made by a written modification which is formally executed between the contractor and the Contracting Officer.

b. A Task Order shall be issued to contractors when services are required.

c. The contractor shall initiate work when directed by a Task Order issued by the Contracting Officer. No work under any Task Order shall be performed unless specifically authorized by the Contracting Officer. Approval of a Task Order shall not constitute approval to exceed any item listed in the contract or general provisions of the contract. The total dollar amount of all task Orders shall not exceed the overall Maximum Order Limitation (MOL). The contractor shall not exceed the estimated task order amount or change the task order without prior written approval of the Contracting Officer.

d. In event the contractor is unable to fulfill the task order requirements for whatever reason; the government reserves the right to fulfill its need outside of this contract. A written confirmation from the contractor indicating the inability to fulfill the task order is immediately required. The quantity of hours ordered on the unfilled task order will be applied to the minimum quantity. The government’s right to fulfill its need outside this contract(s) does not waive its right to the issuance of a cure notice nor does it waive its right to terminate for default.

Task Order Issuance Procedures The terms that apply to the issuance of Task Orders under this contract are set forth below:

a. Once a need arises, the Contracting Officer or his/her authorized designated Contracting Officer Representative (COR) will notify the contractor that a requirement exists. The Contracting Officer will then issue a task order. Orders may be issued electronically via e-mail, regular mail, facsimile, or other authorized electronic means.

b. The estimated hours for performance of each task shall be set forth in each task order. Each task order shall not exceed the hour’s specified and total amount obligated for each task order. The total amount of all task orders shall not exceed overall Maximum Order Limitation (MOL) provided in FAR Clause 52.216-19 (b)(2).

Task Order Pricing

a. Task order prices shall be Firm-Fixed-Price (FFP) as agreed to in the contractor’s schedule and individually funded. The Unit Price is an all-inclusive cost. All-inclusive cost is defined to include travel, lodging, per diem, fringe benefits, i.e., life insurance, social security, federal, state, and local taxes, plus all other costs pertinent to the performance of this Contract.

b. The Contracting Officer may request a price reduction in any task order requirement and the contractor maintains the options to offer reduced prices for individual task orders.

c. Each task order must include the following:

1. Contract Number and Task Order Number

2. Place of Performance

3. Estimated Hours of Performance

4. Period of Performance or Delivery date

5. Proper invoicing funding code.

Task Order Performance Period Each task order shall have an established period of performance or delivery date. Individual Task order shall not exceed a 12-month period.

Upon completion of each task order, the contractor shall submit applicable reports as required in this contract. Particularly and as prescribed in FAR Part 4.1705(a) and contracts Clause 52.204-15 Service Contract Reporting Requirements for Indefinite Delivery Contracts where one or more orders issued thereunder are expected to each meet or exceed the thresholds at FAR 4.1703, the contractor shall submit the report to www.sam.gov, annually by October 31, for services performed under this contract during the preceding FY Year (October 1- September 30). The contractor is hereby put on notice that non-compliance with the above reporting requirements will have a strong effect on your annual Contract Performance Assessment Reporting System (CPARS).”

(viii) PERFORMANCE WORK STATEMENT

1. GENERAL:

1.1. Services Provided: The contractor shall provide Board Certified /Board Eligible Psychiatry Physician Mental Health Services on site in accordance with the specifications contained herein to beneficiaries of the Department of Veterans Affairs (VA) and the VAMC Memphis.

1.2. Place of Performance: Contractor shall furnish services at the Memphis VAMC, 1030 Jefferson Ave. Memphis, TN 38104.

1.3. Authority: Title 38 USC 8153, Health Care Resources (HCR) sharing Authority and FAR Part 12 and VAAR 873.

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. VA Directive 1663: Health Care Resources Contracting - Buying http://www1.va.gov/vapubs/viewPublication.asp?Pub_ID=969&FTYPE=2

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

1.4.3. VHA Directive 1192 “Seasonal Influenza Prevention Program” https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=5472

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

1.4.5. VHA Handbook 1100.18 Reporting And Responding To State Licensing Boards -https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=1364

1.4.6. VHA Handbook 1100.19 Credentialing and Privileging -

http://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=2910

1.4.7. VHA Handbook 1907.01 Health Information Management and Health Records: http://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=3088

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

1.5. 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. ABPN: American Board of Psychiatry and Neurology https://www/abpn.com

1.5.2. ACGME: Accreditation Council for Graduate Medical Education

1.5.3. ACLS: Advanced Cardiac Life Support

1.5.4. AOD: Admitting Officer of the Day

1.5.5. BLS: Basic Life Support

1.5.6. CCNE: Commission on Collegiate Nursing Education: www.aacn.nche.edu/accreditation

1.5.7. CDC: Centers for Disease Control and Prevention

1.5.8. CDR: Contract Discrepancy Report

1.5.9. CEU: Certified Education Unit

1.5.10. CME: Continuing Medical Education

1.5.11. CMS: Centers for Medicare and Medicaid Services

1.5.12. 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.

1.5.13. 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.

1.5.14. COS: Chief of Staff

1.5.15. CPARS: Contractor Performance Assessment Reporting System

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

1.5.17. 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.

1.5.18. DEA: Drug Enforcement Agency

1.5.19. ED: Emergency Department

1.5.20. FSMB: Federation of State Medical Boards

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

1.5.22. HHS: Department of Health and Human Services

1.5.23. HIPAA: Health Insurance Portability and Accountability Act

1.5.24. HR: Human Resources

1.5.25. ISO: Information Security Officer

1.5.26. Medical Emergency - a sudden onset of a medical condition manifesting itself by acute symptoms of sufficient severity that the absence of immediate medical attention could reasonably result in: Permanently placing a patient's health in jeopardy, causing other serious medical consequences, causing impairments to body functions, or causing serious or permanent dysfunction of any body-organ or part.

1.5.27. MOD: Medical Officer of the Day

1.5.28. 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).

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

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

1.5.31. NP: Nurse Practitioner

1.5.32. NPPES: National Plan and Provider Enumeration System

1.5.33. PA: Physician Assistant

1.5.34. PALS: Pediatric Advanced Life Support

1.5.35. POP: Period of Performance

1.5.36. PPD: Purified Protein Derivative

1.5.37. PWS: Performance Work Statement

1.5.38. 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.

1.5.39. QA/QI: Quality Assurance/Quality Improvement

1.5.40. QM/PI: Quality Management/Performance Improvement

1.5.41. QASP: Quality Assurance Surveillance Plan

1.5.42. 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.

1.5.43. Veterans Integrated Services Network (VISN): The regional oversight for the VA medical centers.

1.5.44. 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.

1.5.45. Vet-Pro: a federal web-based credentialing program for healthcare providers.

1.5.46. 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 Memphis 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 /Board Eligible by the American Board of Psychiatry http://www.abpn.com, and be currently certified in Basic Life Support (BLS) Advanced Cardiac Life Support (ACLS) or equivalency. 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 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 VAMC Memphis Professional Standards Board, Medical Executive Board 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, CPRS and VA MANDATORY): Contractor shall meet all VA educational requirements and mandatory course requirements defined herein; all training must be completed by the contractor’s physician(s) as required by the VA. All training requirements must be met prior to the contractor coming onboard. Training certificates must be provided to the COR prior to coming onboard.

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

2.1.7.1. TUBERCULOSIS TESTING: Contractor shall provide proof of a negative Tuberculosis Skin Test (TST) or interferon-gamma release assays (IGRA) for all contractor’s physician(s). This is applicable to all health care workers. A negative chest radiographic report for active tuberculosis shall be provided in cases of positive TST or IGRA results. The TST or IGRA test shall be repeated annually.

2.1.7.2. MEASLES, MUMPS, AND RUBELLA TESTING: Contractor shall provide proof of immunization for all contractor’s physician(s). This is applicable to all healthcare workers.

2.1.7.3. VARICELLA: Contractor shall provide proof of immunity for all physicians. This is applicable to all health care workers.

2.1.7.4. ACELLULAR PERTUSSIS: Contractor shall provide proof of 1 dose of Tdap vaccination for all contractor physicians. This is applicable to all health care workers.

2.1.7.5. INFLUENZA: Contractors shall provide proof that all contractor physicians have received the annual Influenza vaccine unless it is contraindicated. If the contractor physician has a medical contraindication to the vaccine they shall be required to wear a mask during the Influenza season. {This is applicable to all health care workers}.

2.1.7.6. OSHA REGULATION CONCERNING OCCUPATIONAL EXPOSURE TO BLOODBORNE PATHOGENS: Contractor shall provide generic self-study training for all contractors’ physician(s); provide their own Hepatitis B vaccination series at no cost to the VA if they elect to receive it; maintain an exposure determination and control plan; maintain required records; and ensure that proper follow-up evaluation is provided following an exposure incident. The VAMC shall notify the contractor of any significant communicable disease exposures as appropriate. Contractor shall adhere to current CDC/HICPAC Guideline for Infection Control in health care personnel ( as published in 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.

2.1.7.7. The VAMC shall notify the contractor of any significant communicable disease exposures as appropriate. Contractor shall adhere to current CDC/HICPAC Guideline for Infection Control in health care personnel (as published in 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.

2.1.8. 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.

2.1.9. DEA - Contractor shall provide copy of current DEA certificate.

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

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

2.1.12. 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 physicians (s) are not listed. Contractor should note that any excluded individual or entity that submits a claim for reimbursement to a Federal health care program, or causes such a claim to be submitted, may be subject to a Civil Monetary Penalty (CMP) for each item or service furnished during a period that the person was excluded and may also be subject to treble damages for the amount claimed for each item or service. CMP’s may also be imposed against the contractor that employ or enter into contracts with excluded individuals to provide items or services to Federal program beneficiaries.

2.1.12.2. 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. 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 VA Full Time Equivalency (FTE) for the services required is 1 FTE for an estimated total of 2,080 hours per year (1 FTE x 2,080 per year per person). One FTE is defined by VA as a minimum of 80 hours every two weeks and does not include holidays.

2.9.2. The minimum number of Board Certified /Board Eligible Psychiatry physicians required to be on site on a daily basis is 1 FTE as defined in paragraph Hours of Operation in section 3.0.

2.9.3. 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. In the event a scheduled physician is unable to complete an assigned shift, the contractor shall provide a replacement physician coverage within 2 hours and notify the Contracting Office Representative (COR) at the Memphis VA Medical Center immediately of the schedule change.

2.9.4. 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 1 calendar day (s) 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 _7_ calendar days prior to making any permanent substitutions.

2.9.4.1. 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 _7_ 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.

2.9.4.2. For temporary substitutions where the key person shall not be reporting to work for three consecutive work days 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 weeks will require the procedure as stated above.

2.9.4.3. 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 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.

2.9.4.4. 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: The Mental Health Clinic is open Monday – Friday 8:00am-4:30pm. Clinic may vary during the term of the contract.

3.1.1. Patients must be seen by a contractor’s physician(s) on-site at VAMC Memphis in a timely manner in accordance with VA Rules and Regulations on clinic wait times and consult completion. Contractor shall notify the COR at least monthly about any obstacles to meeting this performance measure.

3.1.2. Contractor’s physician(s) shall be available and present in clinic during normal VAMC Memphis clinic hours. VAMC Memphis clinic hours which will be established, and may be revised, as deemed appropriate for patient care by the Chief of Staff. Currently, normal clinic hours are as follows:

· General Mental Health Clinic: Monday – Friday, 8am – 4:30pm

· Inpatient Psychiatry: Monday – Friday, 8am – 5pm

· Specialty Clinics: Monday – Friday, 8am – 4:30pm. Specialty Clinics include, Psychosocial Rehabilitation and Recovery Center (PRRC), Mental Health Intensive Case Management (MHICM), PTSD clinic, and Residential Rehabilitation Treatment Programs.

3.1.3. Contractor may provide coverage for VA staff physician when he or she is on leave.

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.

3.3. Cancellations: Contractor must provide a substitute provider with comparable qualifications to perform in the physician’s stead if he/she is unable to report to duty.

During an emergency or unplanned absence, the contractor will provide a substitute physician within one hour of being notified.

During a planned absence, the contractor is required to notify the Mental Health service 45 days in advance if a substitute physician is not available.

3.3.1. Unless a state of emergency has been declared, the contractor shall be responsible for providing services.

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. Contractor’s physician(s) 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.

4.2. Standards of Care: The contractor’s physician(s)’ care shall cover the range of Psychiatry services as would be provided in a state-of-the-art civilian medical treatment facility and the standard of care shall be of a quality, meeting or exceeding currently recognized TJC, VA and national standards as established by:

4.2.1. American Board of Psychiatry and Neurology http://www.abpn.com

4.2.2. VA Standards: 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

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

4.2.4. The standards of the American Hospital Association (AHA) http://www.hpoe.org/resources?show=100&type=8 and;

4.2.5. 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 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). HIPAA:

4.4.2. This contract and its requirements meet exception in 45 CFR 164.502(e), and do not require a BAA in order for Covered Entity to disclose Protected Health Information to: a health care provider for treatment. Based on this exception, a BAA is not required for this contract. Treatment and administrative patient records generated by this contract or provided to the contractors by the VA are covered by the VA system of records entitled ‘Patient Medical Records-VA’ (24VA19). contractor generated VA Patient records are the property of the VA and shall not be accessed, released, transferred, or destroyed except in accordance with applicable laws and regulations. Contractor shall ensure that all records pertaining to medical care and services are available for immediate transmission when requested by the VA. Records identified for review, audit, or evaluation by VA representatives and authorized federal and state officials, shall be accessed on-site during normal business hours or mailed by the contractor at his expense. Contractor shall deliver all final patient records, correspondence, and notes to the VA within twenty-one (21) calendar days after the contract expiration date.

4.4.3. Disclosure: Contractor’s physician(s)may have access to patient medical records: however, contractor shall obtain permission from the VA before disclosing any patient information. Subject to applicable federal confidentiality or privacy laws, the contractor, or their designated representatives, and designated representatives of federal regulatory agencies having jurisdiction over contractor, may have access to VA ‘s records, at VA’s place of business on request during normal business hours, to inspect and review and make copies of such records. The VA will provide the contractor with a copy of VHA Handbook 1907.1, Health Information management and Health Records and VHA Handbook 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: http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=2791 and all guidelines provided by the VAMC.

4.4.5. Release of Information: The VA shall maintain control of releasing any patient medical information and will follow policies and standards as defined, but not limited to Privacy Act requirements. In the case of the VA authorizing the contractor to release patient information, the contractor in compliance with VA regulations, and at his/her own expense, shall use VA Form 3288, Request for and Consent to Release of Information from Individual’s Records, to process “Release of Information Requests.” In addition, the contractor shall be responsible for locating and forwarding records not kept at their facility. The VA’s Release of Information Section shall provide the contractor with assistance in completing forms. Additionally, the contractor shall use VA Form 10-5345, Request for and Authorization to Release Medical Records or Health Information, when releasing records protected by 38 U.S.C. 7332. Treatment and release records shall include the patient’s consent form. Completed Release of Information requests will be forwarded to the VA Privacy Officer at the following address: Quin Denton VAMC Memphis 1030 Jefferson Ave. Memphis, TN 38104 (901) 523-8990 x7087

4.5 Direct Patient Care: estimated 95% of the time involved in direct patient care.

4.5.1. Per the qualification section of this PWS, the contractor shall provide the following staff:

4.5.1.1. Board Certified/Board Eligible Psychiatrists

4.5.2. Scope of Care: Contractor’s physician(s) as appropriate and within scope of Services to be performed by the contractor will be done so in accordance with and in compliance with VA mandates, policies and procedures, Joint Commission, Federal and State laws, and regulations of the Medical Staff by-laws of the VA Medical Center. with services, including, but not limited to:

4.5.2.1. Authorized Services: The contractor's employees shall not supervise any VA employees and will only perform authorized contract work at the Memphis VAMC. Work shall be performed in strict accordance with the schedule of Costs shown in the contract. Contractor staff may work with current VA full or part time psychiatrists that are not provided by the contractor. Contractor will provide, as needed, services to support personnel employed by the VAMC, Memphis, TN.

4.5.2.1.1. Inpatient Care: All psychiatrists will be required to work in collaboration with Mental Health staff who are part-time or full time salaried by the VA for inpatient care duties including but not limited to:

4.5.2.2. Clinic and Residential Care: Contractor’s physician(s) shall provide clinical psychiatry services. Clinical duties include direct patient care. Contractor’s physician (s)shall operate the clinic, examine patients, and interpret reports as required by the VA. Contractor’s physician(s) shall be present and on time for any scheduled clinics as documented by physical presence in the clinic. The contractor's employees will be required to work with VA staff. Should clinic hours need to be changed, VA will provide the contractor a thirty-day advanced notice of the change. Approximate case load is as follows:

4.5.2.3. Peer Review: The contractor shall provide professional Psychiatry Service with Mental Health expertise for peer review of selected cases. This shall include, but not be limited to: tort claims, patient family complaints, Mental Health case reviews, peer reviews, and benefit appeals.

4.5.2.4. Scheduling: Contractor and VA Chief of Mental Health shall prepare monthly call schedules for coverage of Mental Health emergencies. A draft schedule shall be submitted to the office of the VA Chief, Mental Health Service/Administrative Officer within five (5) working days prior to the end of each month.

4.5.2.5. Medical Center Committee Meetings: Contractor shall designate a physician to attend and perform delegated responsibilities of Medical Center committee meetings as assigned by VA Chief, Mental Health Service. The VA Chief, Mental Health Service will delegate the responsibility of committee memberships to the contractor.

4.5.2.6. Quality Improvement Programs: Contractor shall ensure that contract physicians contribute to the ongoing quality improvement programs in the organization as described in Medical Center Memorandum No. 00-12, Quality Management System, may be viewed by accessing the following URL: http://vaww.memphis.va.gov/docs/memo.aspx

4.5.2.7. Continuity of care: The contractor shall be responsible for the management of medical care and continuity of care for all patients through the following minimum functions:

4.5.2.7.1. The contractor shall provide case management services by psychiatrists who function as staff, consultant, and attending physician, including in collaboration with other members of the mental health staff, as appropriate.

4.5.2.7.2. The contractor shall provide services which meet the standards as established by Federal and State Regulations and other review bodies, e.g. Joint Commission (JC).

notes, operative notes, brief operation notes, consultation notes, discharge summaries, clinical notes, ICU transfer notes, and ICU daily care notes, and shall use the clinical reminder system in the VA Memphis CPRS in accordance with current Department of Veterans Affairs, VISN 9 and facility policy.

4.5.2.7.4. Contractor employees will make inpatient rounds on a daily basis.

4.5.2.8. Scope of Care: Contractor’s physician(s) (as appropriate and within scope of…