36C24923R0036_1.docx

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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. SIGNAT

URE 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

36C24923R0036 01-31-2023 Olonzo Haynes 615-225-6959 03-01-2023 10:00

CST

90C Department of Veterans Affairs Network Contracting Office 9 (90C) Contract Specialist: Olonzo Haynes 1639 Medical Center Parkway, Suite 400 Murfreesboro TN 37129 X 621111 $14 Million N/A X Department of Veterans Affairs Memphis Veterans Affairs Medical Center Radiology Services-Reginald L. Penny 1030 Jefferson Ave.

Memphis TN 38104-2127 90C Network Contracting Office 9 Department of Veterans Affairs Contract Specialist: Olonzo Haynes 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 Onsite Board Certified Chief Therapeutic Medical Physicist in Radiation Oncology in accordance with the Performance Work Statement (PWS), Section B.3.

Schedule of Pricing located in Section B.2 $0.00 X X Olonzo Haynes Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

Onsite Board Certified Chief Therapeutic Medical Physicist in Radiation Oncology

B.1 CONTRACT ADMINISTRATION DATA

1. CONTRACT ADMINISTRATION: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT:

Olonzo Haynes, Contracting Officer Department of Veterans Affairs Network Contracting Office 9 – NCO 9 1639 Medical Center Parkway, Suite 400 Murfreesboro, TN 37129-2573 Phone: (615) 225-6959 Overnight Mailing Address: Same as above E-Mail: Olonzo.Haynes@va.gov

i. The Contractor is advised that only the Contracting officer, acting within the scope if the contract and his/her duties and responsibilities has the authority to make changes which effect contract prices, quality, quantity, delivery terms and conditions, or the term of the contract.

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

[X] 52.232-33, Payment by Electronic Funds Transfer-System for Award management, or [] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: 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.

5. ACKNOWLEDGEMENT OF AMNEDMENTS: The Offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

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

Secure Fax: 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.”

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B.2 SCHEDULE OF PRICING

Under the authority of Public Law 104-262 and U.S.C. § 8153, the Contractor agrees to provide HealthCare Resources in accordance with the term and conditions stated herein, to furnish all personnel to provide an Onsite Board Certified Chief Therapeutic Medical Physicist in Radiation Oncology to eligible beneficiaries of the Department of Veterans Affairs Medical Center, Memphis (hereinafter referred to as VAMC). The contractor’s physicist(s) care shall cover the range of Radiation Oncology 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 national standards.

All VHA Radiation Oncology Services are accredited by a nationally recognized accrediting body contracted through the National Radiation Oncology Program (NROP). As such any Contractor providing on-site radiation oncology services must adhere to all the policies and procedures; practice standards, guidelines, patient care operations; patient safety; quality assurance and quality management of radiotherapy planning, equipment, and delivery; and continuous quality improvement initiatives promulgated by the American College of Radiology, American Society for Radiation Oncology and American Association for Physicist in Medicine.

Place of Performance: Services shall be provided on site in Radiation Oncology Service, VAMC Memphis, located at 1030 Jefferson Avenue, Memphis, Tennessee 38104.

Pricing Instructions: The offeror is instructed to edit the number of Sub-Line Items (LIN) to correspond with the number of key personnel submitted for the line item number (LIN). Health care Offerors shall identify by title/position or level of experience the key personnel submitted. Also, renumber SUB-LINs if adding or removing Key Personnel. The Contractor shall propose two key personnel to be credentialed and be available for scheduling to meet the requirements of the contract.

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Period of Performance: BASE: 5/01/2023 to 9/30/2023

KEY PERSONNEL

TITLE/LEVEL OF EXPERIENCE: ____________

TITLE/LEVEL OF EXPERIENCE: ____________

ALL LINS TOTAL FOR BASE TERM: $___________________

OPTION YEAR 1: 10/01/2023 to 9/30/2024

KEY PERSONNEL

TITLE/LEVEL OF EXPERIENCE: ____________

TITLE/LEVEL OF EXPERIENCE: ____________

ALL LINS TOTAL FOR OPTION YEAR ONE: $_______________

OPTION YEAR 2: 10/01/2024 to 9/30/2025

KEY PERSONNEL

TITLE/LEVEL OF EXPERIENCE: ____________

TITLE/LEVEL OF EXPERIENCE: ____________

ALL LINS TOTAL FOR OPTION YEAR TWO: $_______________

OPTION YEAR 3: 10/01/2025 to 9/30/2026

KEY PERSONNEL

TITLE/LEVEL OF EXPERIENCE: ____________

TITLE/LEVEL OF EXPERIENCE: ____________

ALL LINS TOTAL FOR OPTION YEAR THREE: $_____________

OPTION YEAR 4: 10/01/2026 to 9/30/2027

KEY PERSONNEL

TITLE/LEVEL OF EXPERIENCE: ____________

TITLE/LEVEL OF EXPERIENCE: ____________

ALL LINS TOTAL FOR OPTION YEAR FOUR: $_______________

TOTAL FOR BASE AND ALL FOUR OPTION PERIODS: $____________________

B.3 PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

1. GENERAL

SERVICES REQUIRED: The VA Radiation Oncology Services are accredited by a nationally recognized accrediting body contracted through NROP. As such any Contractor providing on-site radiation oncology services must adhere to Guidelines & Technical Standards for Radiation Oncology promulgated by the American College of Radiology, American Society for Radiation Oncology and American Association for Physicist in Medicine: A contractor providing on-site radiation oncology services must provide evidence the radiation oncology practice meets or exceeds the established clinical practice guidelines and standards.

1.1. PLACE OF PERFORMANCE: Services shall be provided on site in Radiation Oncology Service, VAMC Memphis, located at 1030 Jefferson Avenue, Memphis, Tennessee 38104.

1.2. Authority: Title 38 USC 8153, Health Care Resources (HCR) sharing Authority in accordance with FAR Part 13.

1.3. Policy/Handbooks:

1.3.1. VHA Notice 2018-34 “Rescission of VHA Directive 2006-041 Veterans Health Care Service Standards”: https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=7475

1.3.2. VHA Handbook 1100.17: National Practitioner Data Bank Reports: https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=2135

1.3.3. VHA Handbook 1100.18 Reporting and Responding to State Licensing Boards: https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=9174

1.3.4. VHA Handbook 1100.19 Credentialing and Privileging: https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=2910

1.3.5. VHA Directive 1088 Communicating Test Results to Providers and Patients:

https://www.va.gov/vhapublications/viewpublication.asp?pub_id=3148

1.3.6. VHA Directive 1192.01: Seasonal Influenza Prevention Program:

https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=5472

1.3.7. VHA Directive 1156 Accreditation of VHA Radiation Oncology Services/Sections: https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=7450

1.3.8. VHA Directive 1220: Facility Procedure Complexity Designation Requirements to Perform Invasive Procedures In Any Clinical Setting:

https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=8365

1.3.9. VHA Directive 1414 Stereotactic Body Radiotherapy: https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=8197

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

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

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

1.3.13. US Nuclear Regulatory Commission for management and use of radioactive materials for medical use and radiation safety requirements, to include (but not limited to) 10 CFR Parts 19, 20, 30, 33, 35, and 71: http://www.nrc.gov/reading-rm.html

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

1.4. DEFINITIONS/ACRONYMS:

1.4.1. AAPM: American Association of Physics in Medicine

1.4.2. ACGME: Accreditation Council for Graduate Medical Education

1.4.3. ABR: American Board of Radiology

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

1.4.5. ACO: Administrative Contracting Officer

1.4.6. ALARA: As Low as Reasonably Achievable (least & lowest radiation exposure possible)

1.4.7. AOA: American Osteopathic Association

1.4.8. ARRT(T): American Registry of Radiologic Technologists (T) in Radiation Therapy

1.4.9. ASTRO/APEx: American Society for Radiation Oncology/Accreditation Program for Excellence ® (https://www.astro.org/Daily-Practice/Accreditation)

1.4.10. BAA: Business Associate Agreement

1.4.11. CAMPEP: Commission on Accreditation of Medical Physics Educational Programs (http://www.campep.org/default.asp)

1.4.12. CDC: Centers for Disease Control and Prevention

1.4.13. CEU: Certified Education Unit

1.4.14. CMD: Certified Medical Dosimetrist

1.4.15. CME: Continuing Medical Education

1.4.16. CMS: Centers for Medicare and Medicaid Services

1.4.17. CO: Contracting Officer

1.4.18. COR: Contracting Officer’s Representative

1.4.19. COS: Chief of Staff

1.4.20. COVID-19: Coronavirus Disease 2019

1.4.21. CPARS: Contractor Performance Assessment Reporting System

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

1.4.23. CTMP: Chief Therapeutic Medical Physicist (Radiation Oncology)

1.4.24. EHR: Electronic Health Record – electronic health record system used by the VA

1.4.25. FSMB: Federation of State Medical Boards

1.4.26. 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.

1.4.27. HHS: Department of Health and Human Services

1.4.28. HICPAC: Healthcare Infection Control Practices Advisory Committee- a federal advisory committee made up of 14 external infection control experts who provide advice and guidance to the CDC and the Secretary of HHS regarding the practice of health care infection control, strategies for surveillance and prevention and control of health care associated infections in United States health care facilities.

1.4.29. HIPAA: Health Insurance Portability and Accountability Act

1.4.30. IGRT: Image Guided Radiation

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

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

1.4.32. IROC: Imaging and Radiation Oncology Core

1.4.33. ISO: Information Security Officer

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

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

1.4.36. NROP: National Radiation Oncology Program

1.4.37. NRSC: National Radiation Safety Committee

1.4.38. POP: Period of Performance

1.4.39. PPD: Purified Protein Derivative

1.4.40. PWS: Performance Work Statement

1.4.41. QASP: Quality Assurance Surveillance Plan

1.4.42. QMP: Quality Management Program

1.4.43. SPE: Senior Procurement Executive

1.4.44. SRS: Stereotactic Radio Surgery: a minimally invasive form of surgical intervention which makes use of a three-dimensional coordinated system to locate small targets inside the body and to perform on them some action such as ablation, biopsy, lesion, injection, stimulation, implantation, radiosurgery (SRS) etc.

1.4.45. SBRT: Stereotactic Body Radiotherapy

1.4.46. TJC: The Joint Commission

1.4.47. TLD: Thermoluminescent Dosimeter- a device that measures radiation dose

1.4.48. TMP: Therapeutic Medical Physicist

1.4.49. TRT: Therapeutic Radiologic Technologist (Interchangeable Names: Radiologic Therapy Technologist, Radiation Therapist)

1.4.50. VA: Department of Veterans Affairs

1.4.51. VAMC: Veterans Affairs Medical Center

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

1.4.53. VHA: Veterans Health Administration

2. QUALIFICATIONS:

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

2.1.1. Chief Therapeutic Medical Physicists in Radiation Oncology must be Board Certified in Medical Physics or Therapeutic Medical Physics by the ABR and maintain licensure with the Board of Licensure for Professional Medical Physicists, if applicable. Certification must be maintained throughout the contract POP. In the event that Contractor’s medical physicist(s) is/are not directly employed by the treating facility, documentation must be provided to ensure adequate certification.

2.2. Credentialing: Credentialing 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 physicist(s) possesses the prerequisite credentials. No services shall be provided by any contract physicist(s) prior to obtaining approval by the Memphis VAMC Professional Standards Board, Medical Executive Board and Medical Center Director.

2.2.1. If a contract physicist(s) and/or other contract provider(s) are not credentialed or has credentials suspended or revoked, the Contractor shall furnish an acceptable substitute without any additional cost to the government.

2.2.2. Credentialing of Health Care Professionals other than Physicists. In accordance with VHA Directive 1100.20, all health care professional who claim licensure, certification, or registration, as applicable to the position (this applies to all who are appointed or utilized on a full-time, part-time, intermittent, consultant , without compensation, on-station fee-basis, on-station contract, or on-station sharing agreement basis) and who are not currently credentialed in accordance with VHA Handbook 1100.19, must be credentialed in accordance with this directive. NOTE: The credentialing requirements are found in Attachment A of this Directive.

2.3. Qualifications:

2.3.1. Board Certified Chief Therapeutic Medical Physicist–Ph. D Level: Must have at least five (5) years of documented post-board experience after board certification and at least three (3) years of continuous work experience within the last five (5) years to ensure the CTMP’s experience is current and relevant. Senior CTMP must also have the following minimum years of experience, expertise, and knowledge on the following procedures, equipment and software:

2.3.1.1. Five (5) years of experience – Documentation detailing experience in performing QA procedures.

2.3.1.2. Three (3) years of experience – Documentation detailing Therapeutic Medical Physics in a healthcare system that is ACR certified.

2.3.1.3. Three (3) years of experience - Varian Linear Accelerators: TrueBeam following standards of TG-142

2.3.1.4. Three (3) years of experience -Image Guided Radiation Therapy (IGRT) including Cone Beam CT (following standards of TG-142).

2.3.1.5. Three (3) year of experience - Eclipse treatment planning system; and ARIA record & verify system, including the following treatment modalities: 2D/3D Conformal, SRS, SRT, SBRT, and IMRT/VMAT (following standards of TG-53)

2.3.1.6. Three (3) years of experience - IMRT QA: MapCheck I/II (or equivalent.

2.3.1.7. Three (3) years of experience -Siemens CT Simulator (or equivalent) and following standards of TG-66

2.3.1.8. Successfully perform one (1) acceptance testing (i.e., work with vendor to ensure proper working condition during installation) on a linear accelerator.

2.3.1.9. Successfully perform one (1) commission of (i.e., gathered necessary measurements or data) a linear accelerator for a treatment planning system.

2.3.2. Technical Proficiency: Contract physicist(s) and other contract 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. Contractor’s Physicists and other contract provider(s) shall have knowledge of professional care theories, principles, practices, and procedures to serve radiation oncology patient population. Contractor’s Physicist and other contract provider(s) shall demonstrate knowledge of growth and development, and pathophysiology of disease processes specific radiation oncology patient population. Contractor shall provide verifiable evidence of all educational and training experiences including any gaps in educational history for all contract physicist(s) and other contract provider(s) shall be responsible for abiding by the Facility's Medical Staff By-Laws, rules, and regulations that govern medical staff behavior.

2.4. Continuing CEU Requirements: Contractor shall provide the COR copies of current CEUs as required or requested by the VAMC. Contractors registered or certified by national/medical associations shall continue to meet the minimum standards for CEU to remain current. CEU hours shall be reported to the credential’s office for tracking. These documents are required for initial and renewal privileging. Failure to provide shall result in loss of privileges.

2.5. Training (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 physicist(s) as required by the VA. Other training may become required. VA will communicate any changes to the training requirement to the contractor.

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

2.6.1. TUBERCULOSIS TESTING: Contractor shall provide proof of a negative Tuberculosis Skin Test (TST) or interferon-gamma release assays (IGRA) for all Contractor’s physicist(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.

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

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

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

2.6.5. INFLUENZA: Contractors shall provide proof that all Contractor Physicists have received the annual Influenza vaccine unless it is contraindicated. If the Contractor Physicist 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}.

2.6.6. 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.

2.6.7. 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 physicist(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.

2.6.8. 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.

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

2.8. Citizenship related Requirements:

2.8.1. 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;

2.8.2. 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.

2.8.3. 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.

2.8.4. 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.

2.8.5. 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.

2.9. 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.

2.9.1. 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 contract physicist(s) is 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.

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.

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

2.9.2. 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.

2.10. Clinical/Professional Direction: 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 direction of all clinical personnel covered by this contract 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.

2.11. Non-Personal Healthcare Services: The parties agree that the Contractor and all contract physicist(s) and other contract provider(s) shall not be considered VA employees for any purpose.

2.12. Inherent Government Functions: Contractor and Contract physicist(s) and other contract provider(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.

2.13. No Employee Status: The Contractor shall be responsible for protecting Contract physicist(s) and other contract provider(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:

2.13.1. Workers’ compensation

2.13.2. Professional liability insurance

2.13.3. Health examinations

2.13.4. Income tax withholding, and

2.13.5. Social security payments.

2.14. Tort Liability: The Federal Tort Claims Act does not cover Contractor or contract physicist(s) and other contract provider(s). When a Contractor or contract physicist(s) and/or other contract provider(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 contract physicist(s) or other contract provider(s)) action or non-action shall be the responsibility of the Contractor and/or insurance carrier.

2.15. Key Personnel:

Contractor shall provide the number of qualified staff as is necessary to perform the services required under this contract, at the staffing level determined to be professionally acceptable by the Memphis VAMC Chief of Staff and in accordance with American College of Radiology staffing guidelines.

2.15.1. The VA Full Time Equivalency (FTE): FTE is defined by VA as a minimum of 80 hours every two weeks and does not include holidays.

2.15.2. The Board Certified Chief Therapeutic Medical Physicist is required to be on site at least 5 days during each week as defined in Hours of Operation in this section.

2.15.3. The number of Chief Therapeutic Medical Physicists required to be on site on a daily basis is 1 FTE as defined in paragraph Hours of Operation in this section.

2.15.4. 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 physicist is unable to complete an assigned shift, the contractor shall provide replacement physicist coverage within 24 hours and notify the COR at the Memphis VAMC immediately of the schedule change.

2.16. Emergency 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 15 calendar days after the occurrence of any of these events and provide the information required below. After 90 days, the Contractor shall submit the information required below to the CO at least 15 calendar days prior to making any permanent substitutions.

2.16.1. 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 15 calendar days after receipt of all required information of the decision on the proposed substitutes. The contract will be modified to reflect any approved changes of key personnel.

2.16.2. For temporary substitutions where the key person shall not be reporting to work for three consecutive workdays or more, the Contractor shall provide a qualified replacement for the key person. The substitute shall have comparable qualifications to the key person. Any period exceeding two weeks will require the procedure as stated above.

2.16.3. 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 contract physicist(s), s/he may request, without cause, immediate replacement of said contract physicist(s).

2.16.4. The CO and COR shall deal with issues raised concerning Contract physicist(s) conduct. The final arbiter on questions of acceptability is the CO.

2.17. Contingency Plan: Continuity of care and uninterrupted operations of a Radiation Oncology Program are essential components of this contract and will be primary factors in Contractor’s assignment of staff and frequency of substitutions. The Contractor shall have a contingency plan in place to be utilized if the contract physicist(s) and other contract provider(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: Clinic Hours are 8:00 am – 4:30 pm Central Time (CT)

3.2. Work Schedule: Monday through Friday

3.2.1. Contract physicist(s) shall be available and present in the Radiation Oncology clinic at the Memphis VAMC during the hours stated in section 3.1 above. The Memphis VAMC may revise clinic hours as deemed appropriate for patient care by the Chief of Staff. In this event contractor will be given seven (7) calendar days advance notice. Contractor shall notify the COR at least monthly about any obstacles to meeting this performance measure.

3.2.2. The CTMP may perform work after normal business hours as their calibrations and measurements have to be done after patient treatments. However, the CTMP must be on-site during clinical operational hours at least 90-95% of the time.

3.2.3. 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

· Juneteenth

· Independence Day

· Labor Day

· Columbus Day

· Veterans Day

· Thanksgiving

· Christmas

· Any day specifically declared to be a national holiday.

NOTE: If a federal holiday falls on the weekend, the Government will observe either the Friday prior or Monday following. This information will be communicated through the COR.

3.2.4. Cancellation/Rescheduling: Unless a state of emergency has been declared, the Contractor shall be responsible for providing services of the contract. If unable to provide services due to machine failure (depending on length of down time) treatment will be as follows:

3.2.5. If the down for one day, patient treatments will resume the following business day. If down for three or four days, patients will be assessed for changes in fractionation or BID treatment on a case-by-case basis.

3.2.6. If the machine is down a week or longer, patients will be sent to local private facilities for treatment as soon as it could be arranged.

4. CONTRACTOR RESPONSIBILITIES

4.1. SERVICES REQUIRED: 1 FTE (2080) Chief Therapeutic Medical Physicist in Radiation Oncology who meets or exceed the qualification outline in this PWS section 2.4, and can perform all Physicist support duties assigned.

4.2. Standards of Practice: The medical practice and patient care provided by Contractor shall be evidence based best practices that meet or exceed all standards of professional practice and performance measures applicable to the Memphis VAMC medical professionals, including, but not limited to, NHPP, AAPM and TJC standards and national recognized accrediting body current practice guidelines in radiation oncology.

Contractor’s care shall cover the range of services as would be provided in a state-of-the-art civilian medical treatment facility. Contractor shall provide evidence the Contractor’s radiation oncology standard of care is of a quality that meets or exceeds currently recognized VA and ACR national standards as established by:

4.2.1. Applicable Radiation Oncology practice guidelines and standards promulgated by ACR, ASTRO, and AAPM.

4.2.2. The professional standards of the TJC or equivalent accreditation: http://www.jointcommission.org/standards_information/hap_requirements.aspx

4.2.3. The requirements contained in this PWS

4.3. MEDICAL RECORDS

4.3.1. Authorities: Contract physicist(s) providing healthcare services to VA patients shall be considered as part of the Department Healthcare Activity and shall comply with the 5 U.S.C.552a (Privacy Act), 38 U.S.C. 5701 (Confidentiality of claimants records), 5 U.S.C. 552 (FOIA), 38 U.S.C. 5705 (Confidentiality of Medical Quality Assurance Records) 38 U.S.C. 7332 (Confidentiality of certain medical records), Title 5 U.S.C. § 522a (Records Maintained on Individuals) as well as 45 C.F.R. Parts 160, 162, and 164 (HIPAA).

4.3.2. HIPAA: This contract and its requirements meet exception in 45 CFR 164.502(e), and do not require a BAA in order for Covered Entity to disclose Protected Health Information to: a health care provider for treatment. Based on this exception, a BAA is not required for this contract. Health 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’ (24VA10A7). Contractor generated VA Patient records are the property of the VA and shall not be accessed, released, transferred, or destroyed except in accordance with applicable laws and regulations. Contractor shall ensure that all records pertaining to medical care and services provided to VA patients are captured in the VA electronic health record system as required by VA policy as discussed in 4.4.4.

4.3.3. Disclosure: Contract physicist(s) may have access to patient medical records for the purpose of providing medical care and services to VA patients and performing services under the contract; however, Contractor shall obtain permission from the VA before disclosing any patient information outside VA. VA authorizes the Contractor to discuss patient health information for coordination of care within community health care providers in compliance with VA regulations, HIPAA, 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.

4.3.4. Professional Standards for Documenting Care: Care shall…