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36C24923R0007 EMERGENCY PHYSICIAN / ADVANCE PRACTICE PROVIDERS

36C24923R0007 EMERGENCY PHYSICIAN / ADVANCE PRACTICE PROVIDERS

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

621-23-3-163-0014 36C24923R0007 1-5-2023 Christina Witt, Contracting Specialist 615-225-5739 02-06-2023 1:00pm

CST

Department of Veterans Affairs Network Contracting Office 9 (90C)

NCO 9

1639 Medical Center Parkway, Suite 400 Murfreesboro TN 37129 X X 621111 $14 Million N/A X Department of Veterans Affairs

VAMC

James H. Quillen VAMC (JHQVACM) Corner of Lamont and Dogwood Mountain Home TN 37684 90C Department of Veterans Affairs Network Contracting Office (90C)

NCO 9

1639 Medical Center Parkway Suite 400 Murfreesboro TN 37129

90C FSC e-Invoicing Payment http://www.fsc.va.gov/fsc/einvoice.asp Invoice Setup Information 1-877-489-6135 Invoice must be submitted electronically

Setup 1-877-489-6135 See CONTINUATION Page Contractor shall provide all labor necessary to provide Emergency Medicine Physicians / Advanced Practice Providers (Nurse Practitioners and/or Physician Assistants) in accordance with the schedule (page 6) and Performance Work Statement and terms and conditions contained herein.

All required licensing requested herein will be submitted at time offers are due. If not submitted with proposal offers shall be automatically rendered technically unacceptable and will not be eligible for award. Questions will be accepted for the RFP by 13 January 2023 at 9:00 am CT. Responses by amendment to the RFP will be provided on 18 January 2023.

No other questions will be responded to after the date of 13 January 2023.

Solicitation Competed under Authority: 38 U.S.C 8153 and VA Directive 166 3 in conjunction w ith FAR Part 12 and 15 See CONTINUATION Page 621-3630160-163-820100-2560 010020190 x X x Carol Franklin Contracting Officer

Table of Contents

SECTION A1
A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES1
SECTION B - CONTINUATION OF SF 1449 BLOCKS4
B.1CONTRACT ADMINISTRATION DATA4
B.2 SCHEDULE OF SERVICES6
B.3 PERFORMANCE WORK STATEMENT14
Onsite Emergency Medicine Physician Services14
SECTION C - CONTRACT CLAUSES37
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)37
C.2 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (NOV 2021)41
C.3 52.216-18 ORDERING (AUG 2020)42
C.4 52.216-19 ORDER LIMITATIONS (OCT 1995)42
C.5 52.216-22 INDEFINITE QUANTITY (OCT 1995)43
C.6 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)43
C.7 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)43
C.8 SUPPLEMENTAL INSURANCE REQUIREMENTS43
C.9 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)44
C.10 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)44
C.11 VAAR 852.219-77 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (SEP 2021) (DEVIATION)45
C.12 VAAR 852.237-72 CRIME CONTROL ACT-REPORTING OF CHILD ABUSE (OCT 2019)46
C.13 VAAR 852.237-75 KEY PERSONNEL (OCT 2019)47
C.14 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)47
C.15 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)47
C.16 MANDATORY WRITTEN DISCLOSURES48
C.17 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2022)48
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS54
ATTACHMENT D.1: VHA SUPPLEMENTAL CONTRACT REQUIREMENTS FOR COMBATTING COVID-1954
ATTACHMENT D.2: QUALITY ASSURANCE SURVEILLANCE PLAN55
ATTACHMENT D.3: CONTRACTOR CERTIFICATION63
ATTACHMENT D.4: RULES OF BEHAVIOR64
ATTACHMENT D.5 – PAST PERFORMANCE QUESTIONNAIRE67
SECTION E - SOLICITATION PROVISIONS70
E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)70
E.2 52.212-2 EVALUATION—COMMERCIAL ITEMS (NOV 2021 )73
E.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)75
E.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)77
E.5 52.216-1 TYPE OF CONTRACT (APR 1984)78
E.6 52.233-2 SERVICE OF PROTEST (SEP 2006)78
E.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)78
E.8 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2022)79

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1CONTRACT ADMINISTRATION DATA
(Continuation from Standard Form 1449, block 18A.)

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

a. CONTRACTOR:

Company Name:

Contact Person:

Title:

Address:

City/State/Zip: (9-digit zip) Overnight Mailing Address (if different from above):

(9-digit zip) Phone No.:

E-Mail:

Tax ID No.:

SAM UEID No.:

b. GOVERNMENT:

Christina Witt, Contract Specialist Department of Veterans Affairs Network Contract Activity - VISN 9 1639 Medical Center Parkway, Suite 400 Murfreesboro TN 37129 Overnight Mailing Address: Same as above Phone: (615) 225-5739 E-Mail: christina.witt@va.gov

2. Contractor Remittance Address: All payments by the Government to the contractor will be made in accordance with FAR 52.232-33, Payment by Electronic Funds Transfer-System for Award Management

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

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

AMENDMENT NO.DATE
________________________________________________________
________________________________________________________
________________________________________________________

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

The James H. Quillen VA Medical Center, hereinafter referred to as JHQVAMC has a requirement for an estimated 5,616 physician hours annually (3 Full Time Employee - FTE) that meet or exceed the ABEM/ACEP Guidelines http://www.ACEP.org/. Additionally, the contractor shall provide an estimated 4,576 Advanced Practice Provider hours annually (3 FTE) to staff the VA Emergency Medicine (VA EM).

Place of Performance: Services shall be provided on site:

James H. Quillen VAMC (JHQVAMC) Corner of Lamont and Dogwood Mountain Home, TN 37684-4000

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

6. Secure Fax: VA Handbook 6500 requires the following statement on all fax cover sheets be included: “This fax is intended only for the use of the person or office to which it is addressed and may contain information that is privileged, confidential, or protected by law. All others are hereby notified that the receipt of this fax does not waive any applicable privilege or exemption for disclosure and that any dissemination, distribution, or copying of this communication is prohibited. If you have received this fax in error, please notify this office immediately at the telephone number listed above.”

7. Offeror's VetBiz Listing must appear at the time proposals are due and at the time of contract award. Any vendor requiring re-verification will not be considered. Joint Ventures (JV) are subject to SDVOSB VetBiz requirements. Prime venture partner must be the SDVOSB used to create the JV.

B.2 SCHEDULE OF SERVICES

The Contractor shall furnish all personnel to provide services necessary to perform onsite Emergency Medicine Physician Services and Advance Practice Provider (Nurse Practitioners and/or Physician Assistants) Services to eligible beneficiaries of the Department of Veterans Affairs Medical Center, JHQ VAMC.

The JHQ VAMC Emergency Services are accredited by The Joint Commission (TJC) and follow the standards & guidelines set forth by American Board of Emergency Medicine (ABEM) and/or the American College of Emergency Physicians (ACEP). A contractor providing onsite emergency medicine physician services shall provide services that meet or exceed the ABEM/ACEP Guidelines http://www.ACEP.org/

Pricing Instructions:

The offeror is instructed to edit the number of Sub Line-Item Numbers (SLIN) to correspond with the number of key personnel submitted for the Line-Item Number (LIN). Affiliate Offerors shall include the “title” of the personnel submitted. Other commercial health care Offerors shall identify by title/position or level of experience the key personnel submitted. Also, renumber SLINs if adding or removing Key Personnel.

The Emergency Medicine Physician Services will be staffed by the Contractor who shall provide an estimated 5,616 physician hours annually (3 FTE). Additionally, the contractor shall provide an estimated 4,576 Advanced Practice Provider hours annually (3 FTE) to staff the VA EM, (see 3.1 for specific hours/days). Staff must be credentialed and be available for scheduling to meet the requirements of the contract. The contractor shall be required to provide at a minimum, twice the number of FTE required to be credentialed and privileged to meet or exceed this contractual obligation.

The Contractor shall propose 12 key personnel (6 Physician(s) / 6 Advanced Practice Provider(s)) to be credentialed and be available for scheduling to meet the requirements of the contract.

One FTE is defined by the VA as a minimum of 80 hours every two weeks.

Period of Performance: BASE PERIOD: April 1, 2023 to March 31, 2024

LIN No.
SUB-LIN
Description
Qty.
Unit
Unit Cost
Total

Annual Cost

Emergency Medicine Physician Services

5,616
Hours
DO NOT PRICE
DO NOT PRICE
0001a
Key Personnel Emergency Medicine Physician Services

Name:

Title/Position:

Hours
$__/hr
$
0001b
Key Personnel Emergency Medicine Physician Services

Name:

Title/Position:

Hours
$__/hr
$
0001c
Key Personnel Emergency Medicine Physician Services

Name:

Title/Position:

Hours
$__/hr
$
0001d
Key Personnel Emergency Medicine Physician Services

Name:

Title/Position:

Hours
$__/hr
$
0001e
Key Personnel Emergency Medicine Physician Services

Name:

Title/Position:

Hours
$__/hr
$
0001f
Key Personnel Emergency Medicine Physician Services

Name:

Title/Position:

Hours
$__/hr
$
Emergency Medicine Advanced Practice Provider (APP)
4,576
Hours
DO NOT PRICE
DO NOT PRICE
0002a
Key Personnel APP

Name:

Title/Position:

Hours
$___/hr
$
0002b
Key Personnel APP

Name:

Title/Position:

Hours
$___/hr
$
0002c
Key Personnel APP

Name:

Title/Position:

Hours
$___/hr
$
0002d
Key Personnel APP

Name:

Title/Position:

Hours
$___/hr
$
0002e
Key Personnel APP

Name:

Title/Position:

Hours
$___/hr
$
0002f
Key Personnel APP

Name:

Title/Position:

Hours
$___/hr
$

TOTAL PRICE FOR BASE YEAR

Period of Performance: OPTION PERIOD ONE: April 1, 2024 to March 31, 2025

LIN No.
SUB-LIN
Description
Qty.
Unit
Unit Cost
Total

Annual Cost

Emergency Medicine Physician Services

5,616
Hours
DO NOT PRICE
DO NOT PRICE
1001a
Key Personnel Emergency Medicine Physician Services

Name:

Title/Position:

Hours
$__/hr
$
1001b
Key Personnel Emergency Medicine Physician Services

Name:

Title/Position:

Hours
$__/hr
$
1001c
Key Personnel Emergency Medicine Physician Services

Name:

Title/Position:

Hours
$__/hr
$
1001d
Key Personnel Emergency Medicine Physician Services

Name:

Title/Position:

Hours
$__/hr
$
1001e
Key Personnel Emergency Medicine Physician Services

Name:

Title/Position:

Hours
$__/hr
$
1001f
Key Personnel Emergency Medicine Physician Services

Name:

Title/Position:

Hours
$__/hr
$
Emergency Medicine APP
4,576
Hours
DO NOT PRICE
DO NOT PRICE
1002a
Key Personnel APP

Name:

Title/Position:

Hours
$___/hr
$
1002b
Key Personnel APP

Name:

Title/Position:

Hours
$___/hr
$
1002c
Key Personnel APP

Name:

Title/Position:

Hours
$___/hr
$
1002d
Key Personnel APP

Name:

Title/Position:

Hours
$___/hr
$
1002e
Key Personnel APP

Name:

Title/Position:

Hours
$___/hr
$
1002f
Key Personnel APP

Name:

Title/Position:

Hours
$___/hr
$

TOTAL PRICE FOR OPTION PERIOD ONE

Period of Performance: OPTION PERIOD TWO: April 1, 2025 to March 31, 2026

LIN No.
SUB-LIN
Description
Qty.
Unit
Unit Cost
Total

Annual Cost

Emergency Medicine Physician Services

5,616
Hours
DO NOT PRICE
DO NOT PRICE
2001a
Key Personnel Emergency Medicine Physician Services

Name:

Title/Position:

Hours
$__/hr
$
2001b
Key Personnel Emergency Medicine Physician Services

Name:

Title/Position:

Hours
$__/hr
$
2001c
Key Personnel Emergency Medicine Physician Services

Name:

Title/Position:

Hours
$__/hr
$
2001d
Key Personnel Emergency Medicine Physician Services

Name:

Title/Position:

Hours
$__/hr
$
2001e
Key Personnel Emergency Medicine Physician Services

Name:

Title/Position:

Hours
$__/hr
$
2001f
Key Personnel Emergency Medicine Physician Services

Name:

Title/Position:

Hours
$__/hr
$
Emergency Medicine APP
4,576
Hours
DO NOT PRICE
DO NOT PRICE
2002a
Key Personnel APP

Name:

Title/Position:

Hours
$___/hr
$
2002b
Key Personnel APP

Name:

Title/Position:

Hours
$___/hr
$
2002c
Key Personnel APP

Name:

Title/Position:

Hours
$___/hr
$
2002d
Key Personnel APP

Name:

Title/Position:

Hours
$___/hr
$
2002e
Key Personnel APP

Name:

Title/Position:

Hours
$___/hr
$
2002f
Key Personnel APP

Name:

Title/Position:

Hours
$___/hr
$

TOTAL PRICE FOR OPTION PERIOD TWO

Period of Performance: OPTION PERIOD THREE: April 1, 2026 to March 31, 2027

LIN No.
SUB-LIN
Description
Qty.
Unit
Unit Cost
Total

Annual Cost

Emergency Medicine Physician Services

5,616
Hours
DO NOT PRICE
DO NOT PRICE
3001a
Key Personnel Emergency Medicine Physician Services

Name:

Title/Position:

Hours
$__/hr
$
3001b
Key Personnel Emergency Medicine Physician Services

Name:

Title/Position:

Hours
$__/hr
$
3001c
Key Personnel Emergency Medicine Physician Services

Name:

Title/Position:

Hours
$__/hr
$
3001d
Key Personnel Emergency Medicine Physician Services

Name:

Title/Position:

Hours
$__/hr
$
3001e
Key Personnel Emergency Medicine Physician Services

Name:

Title/Position:

Hours
$__/hr
$
3001f
Key Personnel Emergency Medicine Physician Services

Name:

Title/Position:

Hours
$__/hr
$
Emergency Medicine APP
4,576
Hours
DO NOT PRICE
DO NOT PRICE
3002a
Key Personnel APP

Name:

Title/Position:

Hours
$___/hr
$
3002b
Key Personnel APP

Name:

Title/Position:

Hours
$___/hr
$
3002c
Key Personnel APP

Name:

Title/Position:

Hours
$___/hr
$
3002d
Key Personnel APP

Name:

Title/Position:

Hours
$___/hr
$
3002e
Key Personnel APP

Name:

Title/Position:

Hours
$___/hr
$
3002f
Key Personnel APP

Name:

Title/Position:

Hours
$___/hr
$

TOTAL PRICE FOR OPTION PERIOD THREE

Period of Performance: OPTION PERIOD FOUR: April 1, 2027 to March 31, 2028

LIN No.
SUB-LIN
Description
Qty.
Unit
Unit Cost
Total

Annual Cost

Emergency Medicine Physician Services

5,616
Hours
DO NOT PRICE
DO NOT PRICE
4001a
Key Personnel Emergency Medicine Physician Services

Name:

Title/Position:

Hours
$__/hr
$
4001b
Key Personnel Emergency Medicine Physician Services

Name:

Title/Position:

Hours
$__/hr
$
4001c
Key Personnel Emergency Medicine Physician Services

Name:

Title/Position:

Hours
$__/hr
$
4001d
Key Personnel Emergency Medicine Physician Services

Name:

Title/Position:

Hours
$__/hr
$
4001e
Key Personnel Emergency Medicine Physician Services

Name:

Title/Position:

Hours
$__/hr
$
4001f
Key Personnel Emergency Medicine Physician Services

Name:

Title/Position:

Hours
$__/hr
$
Emergency Medicine APP
4,576
Hours
DO NOT PRICE
DO NOT PRICE
4002a
Key Personnel APP

Name:

Title/Position:

Hours
$___/hr
$
4002b
Key Personnel APP

Name:

Title/Position:

Hours
$___/hr
$
4002c
Key Personnel APP

Name:

Title/Position:

Hours
$___/hr
$
4002d
Key Personnel APP

Name:

Title/Position:

Hours
$___/hr
$
4002e
Key Personnel APP

Name:

Title/Position:

Hours
$___/hr
$
4002f
Key Personnel APP

Name:

Title/Position:

Hours
$___/hr
$

TOTAL PRICE FOR OPTION PERIOD FOUR

Total Estimated price for base performance period and all option years: $__________________ Changes to the contract and any resultant task orders can only be made by a written modification which is formally executed by the contractor and the Contracting Officer. This contract is a firm fixed price Indefinite Delivery-Indefinite Quantity contract. The estimated Minimum and Maximum Order Limitations for each contract period are as follows.

Contract Period
Minimum Quantity
Maximum Quantity
Base Period
2,080 Hours
15,416 Hours
Option Year One
2,080 Hours
15,416 Hours
Option Year Two
2,080 Hours
15,416 Hours
Option Year Three
2,080 Hours
15,416 Hours
Option Year Four
2,080 Hours
15,416 Hours

Orders: This is a Firm Fixed Price (FFP) Indefinite Delivery/Indefinite Quantity (IDIQ) contract (see FAR 52.216-22). Task Orders shall be issued “as needed” during the term of the contract.

Task Order Procedures:

a. This contract type allows the Veteran Affairs Network Contracting Office (NCO 9) contracting officers to place orders with the contractor 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.

b. A Task Order solicitation shall be issued to the contractor when physician services or advanced practice provider services are required. Contractor shall be provided requirements (e.g. location of work, licensing credential, name of key personnel, price schedule, number of key personnel, etc.) needed to obtain an adequate offer or quote. One task order may be issued for both line items if necessary or the Government may issue a task order for only one line item depending on the Government’s need.

c. The contractor shall initiate work when, so 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) provided in FAR Clause 52.216-19(b)(2). 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 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 Procedure:

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

a. 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.

Task Order Performance Period:

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

B.3 PERFORMANCE WORK STATEMENT

Onsite Emergency Medicine Physician Services

1. GENERAL:

1.1. Services Provided: The Contractor shall provide Board Certified Emergency Medicine Physician Services and Advanced Practice Provider Services on site in accordance with the specifications contained herein to beneficiaries of the Department of Veterans Affairs (VA) and the JHQVAMC. A contractor providing onsite Emergency Medicine physician services that meet or exceed the American Board of Emergency Medicine (ABEM) http://www.abem.org and/or American College of Emergency Physician Guidelines http://www.ACEP.org/

1.2. Place of Performance: Services shall be provided on site:

James H. Quillen VAMC (JHQ VAMC) Corner of Lamont and Dogwood Mountain Home, TN 37684-4000

1.3. Authority: 38 U.S.C 8153 and VA Directive 1663 in conjunction with FAR Part 12 and 15

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=9174

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 1101.05(02): Emergency Medicine:

https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=3236

1.4.7. VHA Directive 1192.01: Seasonal Influenza Prevention Program:

https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=8948

1.4.8. 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

1.4.9. VA Directive 1663: Health Care Resources Contracting – Buying: https://www.va.gov/vapubs/viewPublication.asp?Pub_ID=969&FType=2

1.4.10. VHA Directive 1907.01: VHA Health Information Management and Health Records: https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=9235

1.4.11. VHA Directive 1100.20 Credentialing of Health Care Providers: https://vaww.va.gov/vhapublications/ViewPublication.asp?pub_ID=9444

1.4.12. 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/Acronym: 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. ABEM: American Board of Emergency Medicine http://www.abem.org

1.5.2. ABIM: American Board of Internal Medicine http://www.abim.org/

1.5.3. ACEP: American College of Emergency Physicians

1.5.4. ACGME: Accreditation Council for Graduate Medical Education

1.5.5. ACLS: Advanced Cardiac Life Support

1.5.6. ATLS: Advanced Trauma Life Support

1.5.7. AOD: Admitting Officer of the Day

1.5.8. BLS: Basic Life Support

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

1.5.10. CDC: Centers for Disease Control and Prevention

1.5.11. CR: Contract Discrepancy Report

1.5.12. CEU: Certified Education Unit

1.5.13. CME: Continuing Medical Education

1.5.14. CMS: Centers for Medicare and Medicaid Services

1.5.15. 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.

1.5.16. 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.

1.5.17. COS: Chief of Staff

1.5.18. COVID-19: Coronavirus Disease 2019

1.5.19. CPARS: Contractor Performance Assessment Reporting System

1.5.20. 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.

1.5.21. DEA: Drug Enforcement Agency

1.5.22. EM: Emergency Medicine

1.5.23. EHR: Electronic Health Record - electronic health record system used by the VA.

1.5.24. FSMB: Federation of State Medical Boards

1.5.25. HHS: Department of Health and Human Services

1.5.26. HIPAA: Health Insurance Portability and Accountability Act

1.5.27. HR: Human Resources

1.5.28. ISO: Information Security Officer

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

1.5.30. MOD: Medical Officer of the Day

1.5.31. 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).

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

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

1.5.34. NP: Nurse Practitioner

1.5.35. NPPES: National Plan and Provider Enumeration System

1.5.36. PA: Physician Assistant

1.5.37. PALS: Pediatric Advanced Life Support

1.5.38. POP: Period of Performance

1.5.39. PPD: Purified Protein Derivative

1.5.40. PWS: Performance Work Statement

1.5.41. 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.

1.5.42. QA/QI: Quality Assurance/Quality Improvement

1.5.43. QM/PI: Quality Management/Performance Improvement

1.5.44. QASP: Quality Assurance Surveillance Plan

1.5.45. 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.

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

1.5.47. 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.

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

1.5.49. 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 Mountain Home VA Medical Center.

2. QUALIFICATIONS:

2.1. Staff/Facility

2.1.1. Physician Providers:

2.1.1.1. 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 and will be submitted at time of offers due. Proposals that do not contain the required licensing at the time of offers due shall automatically be rendered technically unacceptable and will not be eligible for award.

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.

2.1.1.2. Board Certification - All contractor’s physician(s) shall be Board Certified/Board Eligible in Emergency Medicine (strongly preferred), Internal Medicine, or Family Medicine. If the physician is board-certified/board-eligible in internal medicine or family medicine, at least 3-5 years of recent experience providing emergency medical care is required. All contractor’s physician(s) are strongly encouraged, but not required to be certified in Basic Life Support (BLS) and Advanced Cardiac Life Support (ACLS) if Board Certified/Board Eligible in Emergency Medicine unless required by facility policy. Physicians Board Certified/Board Eligible in Internal Medicine or Family Practice must be certified in BLS and ACLS.

2.1.1.3. 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 Mountain Home VA HealthCare System Professional Standards Board, Medical Executive Board and Medical Center Director.

2.1.1.4. 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.

2.1.1.5. 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.

2.1.1.6. 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 credential’s office for tracking. These documents are required for both privileging and re-privileging. Failure to provide shall result in loss of privileges for contract physician(s).

2.1.1.7. 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. For Emergency Medicine, physicians Board Certified/Board Eligible in Emergency Medicine are strongly encouraged, but not required, to have current BLS and ACLS certification. Physicians Board Certified/Board Eligible in Internal Medicine or Family Practice must be certified in BLS and ACLS.

Training

Frequency
Annual Hours
VA Privacy and Information Security Awareness and Rules of Behavior
Yearly
1 hour
Moderate Sedation In-Service Training
24 Months
2 hours
Mandatory Training for Transitory, Part-time and Intermittent Clinical Staff (MTTCS)
Yearly
2 hours

2.1.2. Advance Practice Providers (Nurse Practitioner and/or Physician Assistant):

2.1.2.1. License – The Contractor’s Advance Practice Provider(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 and will be submitted at time of offers due. Proposals that do not contain the required licensing at the time of offers due shall automatically be rendered technically unacceptable and will not be eligible for award.

All licenses held by the personnel working on this contract shall be full and unrestricted licenses. Contractor’s Advance Practice Provider(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.

2.1.2.2. BLS and ACLS Certification - All contractor’s Advance Practice Provider(s) must be certified in BLS and ACLS.

2.1.2.3. 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 Advance Practice Provider(s) possesses the requisite credentials enabling the granting of privileges. No services shall be provided by any contractor’s Advance Practice Provider(s) prior to obtaining approval by the Mountain Home VA HealthCare System Professional Standards Board, Medical Executive Board and Medical Center Director.

2.1.2.4. If a contractor’s Advance Practice Provider(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.

2.1.2.5. Technical Proficiency - Contractor’s Advance Practice Provider(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. Each of the contractor’s Nurse Practitioner or Physician Assistant providers must have at least 3-5 years of recent experience providing emergency medical care. Contractor shall provide verifiable evidence of all educational and training experiences including any gaps in educational history for all contractor’s Advance Practice Provider(s) and contractor’s Advance Practice Provider(s) shall be responsible for abiding by the Facility's Medical Staff By-Laws, rules, and regulations (referenced herein) that govern medical staff behavior.

2.1.2.6. 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 Advance Practice Provider(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 credential’s office for tracking. These documents are required for both privileging and re-privileging. Failure to provide shall result in loss of privileges for contract Advance Practice Provider(s).

2.1.2.7. 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 Advance Practice Provider(s) as required by the VA. Advance Practice Provider(s) must be certified in BLS and ACLS.

Training

Frequency
Annual Hours
VA Privacy and Information Security Awareness and Rules of Behavior
Yearly
1 hour
Moderate Sedation In-Service Training
24 Months
2 hours
Mandatory Training for Transitory, Part-time and Intermittent Clinical Staff (MTTCS)
Yearly
2 hours

2.1.3. 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.

2.1.3.1. 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) upon hire in accordance with CDC guidance. (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.

2.1.3.2. MEASLES, MUMPS, & RUBELLA TESTING: Contractors shall provide proof of immunity for all Contractor physicians {This is applicable to all health care workers}.

2.1.3.3. VARICELLA: Contractors shall provide proof of immunity for all Contractor physicians {This is applicable to all health care workers}.

2.1.3.4. ACELLULAR PERTUSSIS: Contractors shall provide proof of 1 dose of Tdap vaccination for all Contractor physicians {This is applicable to all health care workers}.

2.1.3.5. 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}.

2.1.3.6. COVID-19: Contractors shall comply with VHA Supplemental Contract Requirements for Combatting COVID-19 {This is applicable to all health care workers}. – See Section D attachment.

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

2.1.3.8. 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.

2.1.4. 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.

2.1.5. DEA: Contractor shall provide copy of current DEA certificate.

2.1.6. 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 (Jan 2008) and fully outlined in response to the subject attachment in Section D of the solicitation document.

2.1.7. Citizenship related Requirements:

2.1.7.1. 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.

2.1.7.2. 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.

2.1.7.3. 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.

2.1.7.4. 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.

2.1.7.5. 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.

2.1.8. 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.

2.1.8.1. 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.

2.1.8.2. 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 1100.20. 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 contract 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…

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