36C24924Q0172.docx

36C24924Q0172

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

36C24924Q0172 03-1 -2024 Elizabeth Trimm 615-225-5613 03-2 -2024 10am

CST

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

NCO 9

1639 Medical Center Parkway, Suite 204 Murfreesboro TN 37129 X X 621111 $16 Million N/A X Department of Veterans Affairs TN Valley Healthcare System Nashville Campus 1310 24th Ave South Nashville TN 37212 90C Network Contracting Office 9 Department of Veterans Affairs Network Contracting Office (90C) 1639 Medical Center Parkway Suite 204 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 Intraoperative Neuromonitoring Services for the Tennessee Valley Healthcare System.

The contractor shall provide Intraoperative Neuromonitoring Services in accordance with the Performance Work Statement (page ); and all terms and conditions contained herein.

See Instructions for the Preparation of Quotes on page 64.

See CONTINUATION Page To be Determined X X Angela Tucker Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

36C24924Q0172

Page 1 of Page 1 of

B.1 CONTRACT ADMINISTRATION DATA

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

GOVERNMENT: Angie Tucker Contracting Officer U.S. Department of Veterans Affairs Network Contracting Office 9 Phone: (615) 873-8122 E-mail: angela.tucker2@va.gov

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

GOVERNMENT INVOICE ADDRESS: Invoices shall be submitted in Other [MONTHLY IN ARREARS] GOVERNMENT INVOICE ADDRESS: All invoices from the Affiliate 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 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. Invoices shall be submitted monthly in arrears.

Tungsten Support Phone: 1-877-489-6135 Website: http://www.tungsten-network.com/uk/en/ Department of Veterans Affairs Financial Service Center Phone: 1-877-353-9791 Email: vafscched@va.gov

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

36C24923Q0195

B.2 PRICE SCHEDULE

The Contractor shall furnish all personnel to provide services necessary to Intraoperative Monitoring Specialists (IONM) under Surgical Service to perform Intraoperative Neurophysiologic Monitoring and Evoked Potential services in the Operating Room at Tennessee Valley Healthcare System, 1310 24th Ave South, Nashville, TN 37212, on an as needed basis. The Contractor (IOM) shall provide a range of services in accordance with the terms and conditions contained herein.

Period of Performance: A contract resulting from this solicitation will be awarded for one (1) base year, from July 1, 2024 through June 30, 2025, and four (4) additional one-year option periods.

Estimated Quantities: Estimated hours, and maximum quantities are stated for the purpose of evaluating the Contractor’s quote.

Contractual minimum and maximum: The guaranteed minimum contract amount, including the base period and any option periods exercised, is 50 cases, and the maximum contract amount shall not exceed 750 cases.

Orders: This is a Firm Fixed Price Indefinite Delivery Indefinite Quantity (IDIQ) contract (see FAR 52.216-22). Task Orders shall be placed against this IDIQ contract at the time of contract award, and as needed during the term of the contract. The Task Orders shall specify the estimated quantities of services for each period of performance and shall comply with FAR 52.216-18 and 52.216-19.

ITEM INFORMATION

Neurosurgery monitoring services in accordance with the requirement of the contract.

Contract Period: Base POP Begin: 07-01-2024 POP End: 06-30-2025 PRINCIPAL NAICS CODE: 621111 - Offices of Physicians (except Mental Health Specialists) PRODUCT/SERVICE CODE: Q510 - Medical - Neurology

Neurosurgery monitoring services in accordance with the requirement of the contract.

Contract Period: Option 1 POP Begin: 07-01-2025 POP End: 06-30-2026

Neurosurgery monitoring services in accordance with the requirement of the contract.

Contract Period: Option 2 POP Begin: 07-01-2026 POP End: 06-30-2027

Neurosurgery monitoring services in accordance with the requirement of the contract.

Contract Period: Option 3 POP Begin: 07-01-2027 POP End: 06-30-2028

Neurosurgery monitoring services in accordance with the requirement of the contract.

Contract Period: Option 4 POP Begin: 07-01-2028 POP End: 06-30-2029

B.3 PERFORMANCE WORK STATEMENT

1. GENERAL:

1.1. Services Provided: The Contractor shall provide Intraoperative Monitoring Specialists (IONM) under Surgical Service to perform Intraoperative Neurophysiologic Monitoring and Evoked Potential services in the Operating Room at Tennessee Valley Healthcare System, 1310 24th Ave South, Nashville, TN 37212, on an as needed basis. The Contractor (IOM) shall provide a range of services in accordance with the terms and conditions contained herein.

1.1.1. The services specified in the Sections entitled Price Schedule may be changed only by written modification to this contrast. The modification will be prepared by Contracting Officer and, prior to becoming effective, shall be signed by both parties. Any attempt to modify services by anyone other than the Contracting Officer will be considered and unauthorized commitment and the Contractor will not be paid for the services performed under the modified scope.

1.2. Place of Performance - Primary: Tennessee Valley Healthcare System, 1310 24th Ave South, Nashville, TN 37212

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

1.4. Policy/Handbooks:

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

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

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

1.4.4. VHA Directive 1100.18 Reporting and Responding To State Licensing Boards – https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=9174

1.4.5. VHA Directive 1100.21(1) Privileging - https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=10179

1.4.6. VHA Handbook 1907.01 Health Information Management and Health Records:

http://www.va.gov/VHAPUBLICATIONS/ViewPublication.asp?pub_ID=3025

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

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

1.5.1. CDC: Centers for Disease Control and Prevention

1.5.2. CDR: Contract Discrepancy Report

1.5.3. CEU: Certified Education Unit

1.5.4. CMS: Centers for Medicare and Medicaid Services

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

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

1.5.7. COS: Chief of Staff

1.5.8. CPARS: Contractor Performance Assessment Reporting System

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

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

1.5.11. DEA: Drug Enforcement Agency

1.5.12. ED: Emergency Department

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

1.5.14. HHS: Department of Health and Human Services

1.5.15. HIPAA: Health Insurance Portability and Accountability Act

1.5.16. HR: Human Resources

1.5.17. IOM: Intraoperative Monitor

1.5.18. ISO: Information Security Officer

1.5.19. 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.

1.5.20. 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).

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

1.5.22. NPPES: National Plan and Provider Enumeration System

1.5.23. POP: Period of Performance

1.5.24. PWS: Performance Work Statement

1.5.25. 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.

1.5.26. QASP: Quality Assurance Surveillance Plan

1.5.27. 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.

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

1.5.29. 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.

1.5.30. VetPro: A federal web-based credentialing program for healthcare providers.

1.5.31. 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 Tennessee Valley Healthcare System VA Medical Center, 1310 24th Avenue South, Nashville, TN 37212

1.5.32. TVHS: Tennessee Valley Healthcare System.

2. SCOPE OF WORK:

2.1. The IOM contractor shall provide comprehensive trained technologist to provide intraoperative monitoring (IOM) for patients undergoing complex spine procedures.

2.2. The IOM contractor shall be a skilled professional, capable of operating and maintaining all neurological monitoring equipment now in use or to be used as a neurological monitoring equipment in the future by the Tennessee Valley Healthcare System.

2.3. An employee of the IOM contractor shall be present at the Tennessee Valley Healthcare System and shall perform the required services for each surgical case as requested by the Attending Physician. The IOM contractor must provide access to the Reading physician in order to provide direct communication between the technologists and physicians utilizing real-time monitoring.

2.4. The IOM contractor care shall cover the range of services as would be provided in a civilian medical treatment facility and the standard of care be equal to care provided at a level one neurosurgery trauma center, such as Vanderbilt University Medical Center (VUMC).

2.5. The Tennessee Valley Healthcare System will provide an Operating Room analog line for IOM, ore firewall access for use. The IOM contractor will not require access to the VA computer system.

2.6. To ensure a system of recordkeeping, the IOM contractor’s employees will follow HIPAA, and provide secure recorded report of monitoring services through secure email, fax, or paper for each specific contracted case, patient. This documentation will include at minimum patient’s name, social security number, date of service, attending physician’s name, procedure performed, and interpretative data, with IOM contractor employee.

2.7. Reports of monitoring services and invoice/statement will be provided to a pre-determined designated Surgical Service Administrative Officer, COR, and/or full time VA Neurosurgery VA team member, monthly. Invoice/Statement shall include the patient’s name, social security number, date of service, attending physician’s name, and the charge for services.

2.8. A member of the Neurosurgery team, and/or Operating room (SPS) liaison will notify the contractor when monitoring services are required. The Tennessee Valley Healthcare System will notify the IOM Contractor two (2) days in advance of scheduled elective surgical cases. IOM Contractor will be requested to provide services on emergency cases in rare occasions. The IOM Contractor is expected to arrive on time, prior to the surgery.

2.9. The IOM Contractor’s monitoring technologies shall document monitoring results in writing for the VA Physician. Accuracy of results will be monitored, and corrective action will be taken for inaccurate results.

3. QUALIFICATIONS:

3.1. Staff

3.1.1. The IOM contractor must possess one or more attributes from each of the following areas:

3.1.1.1. Certification (Specialty/Subspecialty):

· Certified in Neurophysiological Intraoperative Monitoring (CNIM)

· Diplomate of the American Board of Neurophysiologic Monitoring (DABNM).

· Subspecialty in Clinical Neurophysiology, American Board of Psychiatry and Neurology (ABPN)

· Special Competency in Intraoperative Neuromonitoring, American Board of Clinical Neurophysiology (ABCN)

· Diplomate in Neurophysiology, EMG and evoked potentials, American Board of Electrodiagnostic Medicine (ABEM)

· Certificate of Clinical Competence in Audiology, American Speech-Language-Hearing Association (CCC-A ASHA)

3.1.1.2. Licensure

· If M.D. or D.O., must have current, valid, unrestricted License to practice Medicine in a State, Territory, or Commonwealths of the United States or the District of Columbia.

· If Au.D., must have current, valid, unrestricted license to practice Audiology in a State, Territory, or Commonwealths of the United States or the District of Columbia.

3.1.2. IOM Technicians shall be certified by the American Board of registration of Electroencephalographic and Evoked Potential Monitoring Technologist, Inc (ABRET). The minimum competency for the Monitoring Technologist is R. EEGT and/or R.EPT credentialed by ABRET. The preferred competency for the Monitoring Technologist is Certification in Neurophysiologic Intraoperative Monitoring (CNIM) credentialed by ABRET.

3.1.3. IOM contractors 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.

3.1.4. Credentialing and Privileging – Credentialing and privileging is to be done in accordance with the provisions of VHA Directive 1100.21(1) referenced above. The Contractor is responsible to ensure that proposed IOM Technicians possesses the requisite credentials enabling the granting of privileges. No services shall be provided by any contract IOM Technicians prior to obtaining approval by the TVHS VA Medical Center Chief, Neurosurgery.

3.1.4.1. If a contract IOM Technician 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.

3.1.5. Technical Proficiency - Contract IOM Technicians 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 contract IOM Technicians and shall be responsible for abiding by the Facility's Medical Staff By-Laws, rules, and regulations (referenced herein) that govern medical staff behavior.

4. SUPPORTING INFORMATION:

4.1. Place of Performance

The services outlined in this contract will be performed at the Tennessee Valley Healthcare System, Nashville Campus, 1310 24th Avenue South, Nashville, TN.

4.2. Period of Performance

The period of performance is for one (1) base period, with four (4) one year option periods which may be exercised at the government’s discretion.

4.3. Equipment

The IOM Contractor will provide all equipment and supplies needed to monitor the patient during their procedure.

The IOM Contractor employees shall have the training and experience on all necessary medical equipment required for the performance of their duties and responsibilities under this contract. Documentation of training, certification, and/or experience is required and must be submitted to the Contracting Officer’s Representative Annually or when renewed.

4.4. Medical records

Medical records and other patient information shall be provided pursuant to VA policy and standards which are designed to protect the confidentiality of the patient’s medical records in accordance with applicable state and federal laws and recognized standards of professional practice. It will be the responsibility of the VA to obtain and provide evidence of the patient’s written authorization prior to release of patient information to non-VA medical personnel working on behalf of the IOM contractor.

Patient medical records are confidential and are protected by the Privacy Act of 1974, 5 U.S.C 552a; VA Claims Confidentiality Statue, 38 U.S.C 5701 and Drug/Alcohol Abuse Confidentiality Statue, 38, U.S.C. 773. Any individual making unauthorized disclosures may be criminally liable for violations of the Act.

4.5. Contracting Officer’s Representative

A Contracting Officer’s Representative (COR) and/or alternate will be designated in writing for furnishing technical and medical guidance with advice during the term of the contract. It should optimally include a provider within Neurosurgery and Surgical Services Administrative Delegate. This includes monitoring the general direction of the work to ensure full compliance with all terms and conditions of the contract.

4.6. Personnel Policy

The Contractor shall be responsible for protecting the personnel furnishing services under this contract. To carry out this responsibility, the Contractor shall provide, or certify that the following is provided for all their staff providing services under the resultant contract:

· Worker’s Compensation

· Professional Liability Insurance

· Income Tax Withholding

· Social Security Payments

· Holiday Pay

· Health Examinations, including, but not limited to:

· Standard Personnel Testing (PPD, etc.): Contractor shall provide proof of the following tests for IOM Technicians 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.

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

· RUBELLA TESTING: Contractor shall provide proof of immunization for all contract IOM Technicians for measles, mumps, rubella or a rubella titer of 1.8 or greater. If the titer is less than 1.8, a rubella immunization shall be administered with follow-up documentation to the COR.

OSHA Regulation Concerning Occupational Exposure to bloodborne Pathogens: IOM Contractor shall provide generic self-study training; provide their own Hepatitis B vaccination series at no cost to the VA if they elect to receive it; maintain an exposure determination and control plan; maintain required records and ensure that proper follow-up evaluation is provided following an exposure incident.

4.7. Contract Administration

The Contracting Officer is the only person authorized to approve changes or modify any of the requirements under this contract.

4.8. Training

4.8.1. Training: Complete annual mandatory VA Privacy and Information Security Awareness training online via the Talent Management System (TMS).

4.8.1.1. Remedial Training: When notified, contract employees must complete remedial training and education to address any detected compliance exceptions.

4.8.1.2. Proof of Training: Contract employees are responsible for submitting proof of awareness and remedial training completed to the Contracting Officer’s Technical Representative (COR) for this contract. The COR will retain proof of training in accordance with applicable Records Control Schedule.

4.8.1.3. Information Security and Privacy Training.

4.8.1.3.1. All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and its systems:

4.8.1.3.2. Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, Appendix E of VA Handbook 6500.6 relating to access to VA information and information systems.

4.8.1.3.3. Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training.

4.8.1.3.4. Successfully complete the appropriate VA privacy training and annually complete required privacy training.

4.8.1.3.5. The contractor shall provide to the contracting officer and/or the COR a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required.

4.8.1.3.6. Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, are grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete.

4.8.2. Standard Personnel Testing (PPD, etc.): Contractor shall provide proof of the following tests for IOM Technicians 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.

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

4.8.2.2. RUBELLA TESTING: Contractor shall provide proof of immunization for all contract IOM Technicians for measles, mumps, rubella or a rubella titer of 1.8 or greater. If the titer is less than 1.8, a rubella immunization shall be administered with follow-up documentation to the COR.

4.8.3. 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 quote.

4.8.4. Conflict of Interest: The Contractor and all contract IOM Technicians are responsible for identifying and communicating to the CO and COR conflicts of interest at the time of quote and during the entirety of contract performance. At the time of quote, the Contractor shall provide a statement which describes, in a concise manner, all relevant facts concerning any past, present, or currently planned interest (financial, contractual, organizational, or otherwise) or actual or potential organizational conflicts of interest relating to the services to be provided. The Contractor shall also provide statements containing the same information for any identified consultants or subcontractors who shall provide services. The Contractor must also provide relevant facts that show how it’s organizational and/or management system or other actions 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 solicitation document.

4.8.5. Citizenship related Requirements:

4.8.5.1. 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.

4.8.5.2. 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.

4.8.5.3. 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.

4.8.5.4. 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.

4.8.5.5. The Contractor agrees to obtain a similar certification from its subcontractors. The certification shall be made as part of the offeror’s response to the RFQ using the subject attachment in the solicitation document.

4.8.6. 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.

4.8.6.1. 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 IOM Technicians 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 contracts with excluded individuals to provide items or services to Federal program beneficiaries.

4.8.6.2. By submitting their quote, the Contractor certifies that the HHS OIG List of Excluded Individuals/Entities has been reviewed and that the Contractors are and/or firm is not listed as of the date the offer was signed.

4.8.6.3. Contracted IOM Technicians shall provide a copy of current DEA certificate to the COR/CO if requested.

4.9. 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 Directive 1100.21(1). 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.

4.10. Non-Personal Healthcare Services: The parties agree that the Contractor and all contract IOM Technicians shall not be considered VA employees for any purpose.

4.11. Inherent Government Functions: Contractor and Contract IOM Technicians 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.

4.12. Tort Liability: The Federal Tort Claims Act does not cover Contractor or contract IOM Technicians. When a Contractor or contract IOM Technicians 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 IOM Technicians action, or non-action shall be the responsibility of the Contractor and/or insurance carrier.

4.13. Personnel:

4.13.1. The number of IOM Technicians required to be on site on a daily basis is variable depending on the cases performed.

4.14. Emergency Substitutions: During the first ninety (90) calendar days of performance, the Contractor shall make NO substitutions of 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.

4.14.1. 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 personnel.

4.14.2. For temporary substitutions where the person shall not be reporting to work for three (3) consecutive workdays or more, the Contractor shall provide a qualified replacement for the person. The substitute shall have comparable qualifications to the person. Any period exceeding two weeks will require the procedure as stated above.

4.14.3. 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 IOM Technicians s/he may request, without cause, immediate replacement of said contract IOM Technicians.

4.14.4. The CO and COR shall deal with issues raised concerning Contract IOM Technicians conduct. The final arbiter on questions of acceptability is the CO.

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

5. VA HOURS OF OPERATIONS / SCHEDULING:

5.1. VA Business Hours: Hours of daily operations in the VA OR are normally 7:30 am to 7:30 pm local time, excluding national holidays.

5.1.1. Work Schedule: Contract personnel shall be available as needed Monday through Friday, excluding national holidays, to provide scheduled procedures. Hours of daily operations are normally 7:00 am to 7:30 pm local time; however, additional hours may be required to complete a case.

5.1.2. Patients must be seen by a contract IOM technician on-site at TVHS, 1310 24th Ave South, Nashville, TN 37212 at the beginning of a scheduled case (7:45AM every day except Wed which is 8:30AM). Contractor shall notify the COR at least monthly about any obstacles to meeting this performance measure.

5.2. Federal Holidays: The following holidays are observed by the Department of Veterans Affairs:

New Year’s Day Martin Luther King’s Birthday President’s Day Memorial Day Juneteenth National Independence Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Christmas Any day specifically declared by the President of the United States to be a national holiday.

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

6. CONTRACTOR RESPONSIBILITIES

6.1. Clinical Personnel Required: The Contractor shall provide contract IOM Technicians who are competent, qualified per this performance work statement and adequately trained to perform assigned duties.

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

6.2. Standards of Care: The contract IOM Technicians’ care shall cover the range of services as would be provided in a state-of-the-art civilian medical treatment facility and the standard of care shall be of a quality, meeting or exceeding currently recognized TJC, VA and national standards as established by:

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

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

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

6.2.4. The requirements contained in this PWS.

6.2.5. Patient Safety- Patient safety incidents occurring while contractor is on service will be reported to TVHS Chief Surgery within 24 hours, along with a completed complication form as indicated.

6.3. Medical Records:

6.3.1. Authorities: Contract IOM Technicians providing healthcare services to VA patients shall be considered as part of the Department Healthcare Activity and shall comply with the U.S.C.551a (Privacy Act), 38 U.S.C. 5701 (Confidentiality of claimants records), 5 U.S.C. 552 (FOIA), 38 U.S.C. 5705 (Confidentiality of Medical Quality Assurance Records) 38 U.S.C. 7332 (Confidentiality of certain medical records), Title 5 U.S.C. § 522a (Records Maintained on Individuals) as well as 45 C.F.R. Parts 160, 162, and 164 (HIPAA).

6.3.2. 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. Treatment and administrative patient records generated by this contract or provided to the Contractors by the VA are covered by the VA system of records entitled ‘Patient Medical Records-VA’ (24VA19). Contractor generated VA Patient records are the property of the VA and shall not be accessed, released, transferred, or destroyed except in accordance with applicable laws and regulations. Contractor shall ensure that all records pertaining to medical care and services are available for immediate transmission when requested by the VA. Records identified for review, audit, or evaluation by VA representatives and authorized federal and state officials, shall be accessed on-site during normal business hours or mailed by the Contractor at his expense. Contractor shall deliver all final patient records, correspondence, and notes to the VA within twenty-one (21) calendar days after the contract expiration date.

6.3.3. Disclosure: Contract IOM Technicians may have access to patient medical records: however, Contractor shall obtain permission from the VA before disclosing any patient information. Subject to applicable federal confidentiality or privacy laws, the Contractor, or their designated representatives, and designated representatives of federal regulatory agencies having jurisdiction over Contractor, may have access to VA ‘s records, at VA’s place of business on request during normal business hours, to inspect and review and make copies of such records. The VA will provide the Contractor with a copy of VHA Handbook 1907.1, Health Information management and Health Records and VHA Handbook 1605.1, Privacy and Release of Information. The penalties and liabilities for the unauthorized disclosure of VA patient information mandated by the statutes and regulations mentioned above, apply to the Contractor.

6.3.4. Professional Standards for Documenting Care: Care shall be appropriately documented in medical records in accordance with standard commercial practice and guidelines established by VHA Handbook 1907.01 Health Information Management and Health Records: http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=2791 and all guidelines provided by the VAMC.

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

6.5. Direct Patient Care:

6.5.1. Knowledge required by the IOM:

a. Knowledge of scientific rationale in coordination of the patient care.

b. Promotes quality patient care by coordinating and evaluating the care of selected patients in collaboration with multidisciplinary and interdepartmental personnel.

c. Knowledge of Universal Precautions.

d. Knowledge of safety and environment of care procedures.

6.5.2. Knowledge and expertise in the following areas of service:

a. Auditory Brainstem Response (ABR)

b. Visual Evoked Response (VER)

c. Somatosensory Evoked Potential (SEP or SSEP)

d. Electroencephalography (EEG)

e. Electromyography (EMG)

f. Nerve Conduction Studies

g. Knowledge of the Axon bio-med computer, Eclypse Model (or similar type of machine), that will be used to provide services.

h. IOM must maintain up-to-date knowledge of developments in the field Intraoperative Neurophysiologic Monitoring and Evoked Potentials.

6.5.3. Complies with the following VA Operating…