36C24924Q0296.docx

36C24924Q0296 – PICC Line Nurses

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

36C24924Q0296 Laura Edelman, Contracting Specialist 615-225-4926 06-2 -2024

10AM

CDT

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

NCO 9

1639 Medical Center Parkway, Suite 204 Murfreesboro TN 37129 X X 621999 $20.5 Million N/A X Department of Veterans Affairs VA TN Valley HCS Nashville Campus 1310 24th Avenue South, Nashville, TN 37212 & York Campus 3400 Lebanon Rd Murfreesboro TN 37129 90C Network Contracting Office 9 Department of Veterans Affairs Network Contracting Office (90C) 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 The following solicitation is for the PICC Line Services in support of the Tennessee Valley Health System (TVHS) with two locations: Nashville and Murfreesboro, TN.

Interested offerors please provide a quote in accordance with the attached Performance Work Statement (PWS) and Price located in Section B of this Solicitation.

Please note Box 10 of this page is checked as a 100% Small Business set aside.

Details regarding evaluation practices as they will be used in the evaluation of responsive offers solicitation can be found in the addenda -Instruction to Offerors.

X X X Angela Tucker Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

____________________________ (Address) ____________________________ (Address) ____________________________ (Phone Number) ____________________________ (Email)

____________________________ (UEI)

GOVERNMENT:

Angela Tucker Contracting Officer U.S. Department of Veterans Affairs Network Contracting Office 9 Phone: (615) 873-8122 E-mail: angela.tucker2@va.gov Laura Edelman Contracting Specialist U.S. Department of Veterans Affairs Network Contracting Office 9 Phone: (615) 225-4926 E-mail: laura.edelman@va.gov

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

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 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.

SECURE FAX: The following statement shall be included on all fax cover sheets: 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.

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.

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

Page 1 of Page 1 of

B.2 PRICE SCHEDULE

Under the authority VAAR 873, the contractor agrees to provide Health Care Resources in accordance with the terms and conditions stated herein, to furnish to and at the Department of Veterans Affairs Medical Center, Tennessee Valley Healthcare System, the services and prices specified in the Section entitled Schedule of Pricing of this contract.

PROVIDE PICC LINE NURSING SERVICE on an as-needed basis for the Tennessee Valley Healthcare System for a period of one year from date of award with the 4 one-year option periods for extending services as listed below.

Place of Performance of services will be at the VA Tennessee Valley Healthcare System Medical Center Nashville Campus, 1310 24th Avenue South, Nashville, TN 37212-2637 and at the VA Medical Center Murfreesboro, Alvin C. York Campus, 3400 Lebanon road, Murfreesboro, TN 37129-1237.

Submitted pricing shall be ALL INCLUSIVE of services provided, training of TVHS nursing staff, equipment and/or supplies needed, and all applicable fees associated with performing the services in accordance with the requirements of this contract. These services are on an as needed/ if needed basis, and the contractor will only be compensated for procedures performed. Note: Offerors shall submit a price for each item.

Base Period – One Year (October 1, 2024 to September 30, 2025)

PICC Line Procedure on an as-needed basis (Ultrasound Placement): Alvin C. York Medical Center Campus and Nashville VA Medical Center Campus

PRINCIPAL NAICS CODE: 621999 – All Other Miscellaneous Ambulatory Health Care Services

PRODUCT/SERVICE CODE: Q401 - Medical - Nursing

EACH

PICC Line Procedure on an as-needed basis (Ultrasound Plus ECG Placement): Alvin C. York Medical Center Campus and Nashville VA Medical Center Campus

Total Estimated Aggregate Price for Base Period:

All Prices are Firm Fixed Price

Option Period 1 – One Year (October 1, 2025 to September 30, 2026)

PICC Line Procedure on an as-needed basis (Ultrasound Placement): Alvin C. York Medical Center Campus and Nashville VA Medical Center Campus

PICC Line Procedure on an as-needed basis (Ultrasound Plus ECG Placement): Alvin C. York Medical Center Campus and Nashville VA Medical Center Campus

Total Estimated Aggregate Price for Option Period 1:

Option Period 2 – One Year (October 1, 2026 to September 30, 2027)

PICC Line Procedure on an as-needed basis (Ultrasound Placement): Alvin C. York Medical Center Campus and Nashville VA Medical Center Campus

PICC Line Procedure on an as-needed basis (Ultrasound Plus ECG Placement): Alvin C. York Medical Center Campus and Nashville VA Medical Center Campus

Total Estimated Aggregate Price for Option Period 2:

Option Period 3 – One Year (October 1, 2027 to September 30, 2028)

PICC Line Procedure on an as-needed basis (Ultrasound Placement): Alvin C. York Medical Center Campus and Nashville VA Medical Center Campus

PICC Line Procedure on an as-needed basis (Ultrasound Plus ECG Placement): Alvin C. York Medical Center Campus and Nashville VA Medical Center Campus

Total Estimated Aggregate Price for Option Period 3:

Option Period 4 – One Year (October 1, 2028 to September 30, 2029)

PICC Line Procedure on an as-needed basis (Ultrasound Placement): Alvin C. York Medical Center Campus and Nashville VA Medical Center Campus

PICC Line Procedure on an as-needed basis (Ultrasound Plus ECG Placement): Alvin C. York Medical Center Campus and Nashville VA Medical Center Campus

Total Estimated Aggregate Price for Option Period 4:

TOTAL ESTIMATED PRICE BASE PLUS FOUR OPTION PERIODS: $

***Contractor is given a one-time, minimum guarantee of $10,000.00 during the Base Period of this contract. See FAR 52.216-19 for minimum and maximum ordering amounts.***

B.3 PERFORMANCE WORK STATEMENT

1. General Information

1.1 Introduction and Overview

The Tennessee Valley Healthcare System (TVHS) located at 1310 24th Ave South Nashville, TN 37212 and 3400 Lebanon Pike Murfreesboro, TN 37129 have a requirement for providing a Registered Nurse (RN) to place Peripherally Inserted Central Catheters (PICC) depending on the needs of a specific patient on a 24/7/365 as needed basis.

1.2 Background

The availability of VA staff to provide PICC Line Nursing service to patients at Tennessee Valley Healthcare System (TVHS) Medical Centers is very limited.

1.3 Scope of Work

· Provide Registered Nurse (RN) that can place peripherally inserted central catheters in patients on an as needed basis. The company will be called by the TVHS Nursing staff, Administrative Officer of the Day [AOD] or the Nurse of the Day [NOD]; no advance notice is required. RN(s) shall arrive within 4 hours of request to the Nurse Manager (NM) of the unit requesting service.

· RN shall provide all scheduled care and maintenance for the life of the device, all insertion related procedural supplies.

· Patient education and staff education will be conducted as needed by demonstration, hand out of printed material and/ or lecture format.

· RN shall provide phone support to TVHS staff and/or patient 24/7, 365 days a year as needed.

· RN shall provide surveillance and catheter tracking and provide outcome reports with the TVHS NM for Infection Prevention & Control. Reports will be provided monthly by the 5th business day of the following month.

· RN shall provide service to patients at the Nashville and York campuses of TVHS

· RN shall provide educational programs, such as vascular access and infection control that range from one to forty hours as needed and requested by the Nurse Manager or the TVHS Education Service. Programs are approved for contact hours. Most unit- based programs [less than 2-4 hours] will be offered to TVHS at no cost to the contracted customer.

· RN shall be capable of training TVHS staff in maintaining and removing PICC lines.

· RN will remain on campus until confirmation of correct placement has been received from radiology and PICC is ready to be used.

· RN shall not place/substitute a midline catheter if a central (PICC) line is ordered.

2. Supporting Information

2.1 Place of Performance

Tennessee Valley Healthcare System VA Medical Center, 1310 24th Ave., Nashville, TN 37212 or 3400 Lebanon Pike, Murfreesboro, TN, 37219. The nurse will report to the NM of the unit requesting the service within 4 hours of request.

2.2 Period of Performance

The estimated period of performance is a base period of one year from 10/1/24 through 9/30/25 with four one-year option periods.

2.3 Special Considerations

The services provided by the contractor will be performed in accordance with VA policies, procedures, Tennessee Valley Healthcare memorandums, VHA Directives, Nursing Service Policies and Procedures, Joint Commission Accreditation Manual and Patient Safety Goals. Copies of policies will be provided to them upon request to include:

2.4 Contractor Furnished Materials

The Contractor shall provide all materials and tools to complete the work identified.

2.5 Government Furnished Materials and Services – N/A

2.6 Contracting Officer’s Representative (COR)

A Contracting Officer’s Representative (COR) will be designated in writing for furnishing technical guidance and advice during the term of the contract. This includes monitoring the general direction of the work to ensure full compliance with all terms and conditions of the contract.

2.7 Personnel Policy

The Contractor shall be responsible for protecting the personnel furnishing services under this contract. To carry out this responsibility, the contractor shall provide the following for these personnel:

· Worker's Compensation

· Professional Liability Insurance

· Health Examinations including:

· Annual TB Skin Test and recent (within the last year) chest x-ray if there is a history of positive TB skin test;

· Evidence of Hepatitis B immunity (hepatitis immune titer, if provider has had the series of shots; if no immunity, evidence that provider has started the Hepatitis B vaccination series);

· Evidence of a Hepatitis C titer; and

· Varicella titer if provider has not had chicken pox.

· Income Tax Withholding

· Social Security Payments

· Annual Infection Prevention education including mandatory Occupational Safety & Health Administration (OSHA) requirements (Bloodborne Pathogen Standards, Tuberculosis, and Multidrug Resistant Organisms, and

· Annual PICC and intravascular therapy competencies.

The parties agree that such personnel shall not be considered VA employees for any purpose and shall be considered employees of the Contractor.

2.8 Medical Records

Patient medical records are confidential and are protected by the Privacy Act of 1974, 5 U.S.C. 552a; VA Claims Confidentiality Status, 38 U.S.C. 5701 and Drug/Alcohol Abuse Confidentiality Status, 38 U.S.C. 7332 [Authority: Drug/Alcohol Reg. 38 C.F.R. 1.460]. Any individual making unauthorized disclosures may be criminally liable for violations of the Act.

2.9 Contract Administration

The Contracting Officer is the only person authorized to approve changes or modify any of the requirements under this on contract. The Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer is authorized to make commitments or issue changes, which will affect price, quantity, or quality of performance of this contract. In the event the contractor requests any such change at the direction of any person other than the Contracting Officer, then the change shall be considered to have been made without authority. No adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.

2.10 Approval of Contractor Personnel

The VAMC reserves the right to refuse employment under this contract or require dismissal of contract work of any Contractor employee or subcontractor employee who, by reason of previous unsatisfactory performance at the Department of Veterans Affairs or for any other reasonable reason is considered by the Contracting Officer to be objectionable, as long as ninety (90) days written notification of unsatisfactory performance has been provided to the Contractor; and the problem has not been cured in the ninety (90) day period. If a disagreement about performance still exists at the end of the ninety-day period, the contracting officer will make a final determination with the input of the Director and the Academic Partnership Council within a reasonable period of time.

2.11 Recordkeeping

· The Nursing Service designated COR is assigned the responsibility of monitoring this contract to ensure the VA is paying only for procedures placed.

· Records will be compared to the Contractor’s invoices for accuracy. Invoices will be certified for payment only after records have been verified.

2.12 Performance Compliance Remedies

The VA retains the right to suspend payment to the Contractor for any services which have not been performed in accordance with the requirements of the contract as defined in the performance work statement. The Contractor’s individual invoice will be reduced ten (10) percent for failure to comply with any of the listed medical records standards (e.g., consent, etc.). The Contractor will have thirty (30) days from the date of notification to correct deficiencies.

Deficiencies corrected in thirty days will result in full payment to the contractor. Deficiencies completed within sixty (60) days will result in fifty (50) percent payment to the contractor. If the Contractor fails to comply and correct deficiencies beyond sixty (60) days, the contractor will be in violation of the contract for nonperformance and subject to legal action.

To verify proper documentation in the CPRS and patient’s medical records, patient records will be reviewed by the designated COR for contract compliance. The contractor will be notified of any deficiencies.

Nursing Service/designee will furnish a statement to the contracting officer at the close out of the contract to include a summary of Contractor actions, and a statement that all requirements of the contact were fulfilled as agreed.

A summary evaluation of the contractor performance based upon the compliance or noncompliance of contract requirements as evidenced under monitoring the procedures shall be forwarded by the monitoring official to the Contracting Officer prior to exercising any option years.

2.13 Respiratory Protection Plan (TB Exposure Control Policy)

TB skin testing and respirator fit testing must be completed on all Contractors employees who will have contact with VA patients. Any new employees hired after the implementation of this contract who have contact with VA patients shall be required to have a TB skin test and fit-testing for N-95 respirator protection. The contracting agency is responsible for providing the VA Medical Center with a policy on TB exposure control and respiratory protection. TB testing of employees must be conducted annually, and a copy of the proper paperwork must be submitted with your TB control policy. Since it is possible Contractor’s employees may provide service to veterans on airborne infection isolation, that are required to be fit tested with N-95 respirator masks and provide the mask fit-tested with if different from VA respirators.

2.14 Liability

In the event of litigation/investigation of a claim of liability or malpractice, the Contractor and/or the Contractor's personnel shall cooperate fully with Government authorities and designated officials in the investigation of the claim or preparation for litigation.

3. Qualifications of Key Personnel

3.1 Qualifications Include:

· Licensed Registered Nurse

· IV Therapy certification [by Infusion Nurses Society]

· Skills in peripherally inserted central catheters [PICC].

· Basic Life Support certification

· Advanced Cardiac Life Support certification

· Able to function independently.

· Available 24/7, 365, arrival within 4 hours of request.

· Rate of success for inserting PICC lines [number of insertions divided by the number of attempts]

· Rate of infections associated with PICC lines [number of infections per 1000 device days]

3.2 Security Requirements:

Contractor employees are not subject to 6500.6 security considerations as they do not have routine access to VA computer systems, and only have infrequent access to the Medical Centers. Contractor's employees will be required to check-in with security whenever called out to provide services.

3.3 Credentialing and Privileging

The Contractor shall provide original or certified copies of documentation required to meet VA’s current credentialing and privileging purposes including:

· APPLICATION FOR EMPLOYMENT

· COMPLETE CREDENTIALING AND PRIVILEGING FORMS

· EVIDENCE OF MEDICAL EDUCATION AND TRAINING

· EVIDENCE OF MALPRACTICE INSURANCE COVERAGE

· LICENSURE

The Contractor will be provided copies of current requirements and updates as they are published. Specific questions regarding credentialing and privileging should be directed to the Office of the Chief of Staff, VA Medical Center.

· The Contractor is responsible for assuring that all persons, whether they be employees, agents, subcontractors, providers or anyone acting for or on behalf of the Contractor, are properly licensed at all times under applicable state law and/or regulations. A copy of license must be provided with the offer and will be updated upon expiration and renewal. Any changes related to the providers licensing or credentials will be reported immediately to the parent VA hospital.

· Personnel providing services under this contract must speak and write English proficiently.

· Failure to adhere to this provision may result in one or more of the following sanctions, which shall remain in effect until the deficiency is corrected:

· VA Hospital will not pay for services provided or authorized by unlicensed personnel, without regard to whether such services were medically necessary and appropriate.

· VA Hospital will not approve of subcontracts with non-licensed individual or group providers. VA Hospital will rescind sub-contractor approval if the sub- contractor should lose their license during the course of the contract.

· VA Hospital may refer the matter to the appropriate licensing authority for action, as well as notify the patient that they were seen by a provider outside the scope of the contract and may pursue further action.

· The contractor will be provided copies of current requirements and updates as they are published. Specific questions regarding credentialing and privileging should be directed to the Office of the Chief of Staff, VA Medical Center.

4. Billing

4.1 Invoice requirements and supporting documentation: Supporting documentation and invoice must be submitted no later than the 20th workday of the following month in which services were rendered. Subsequent changes or corrections shall be submitted by separate invoice. In addition to information required for submission of a “proper” invoice in accordance with FAR 52.212-4 (g), all invoices must include:

· Name and Address of Contractor

· Invoice Date and Invoice Number

· Contract Number and Purchase/Task Order Number

· Date of Service

· Contractor’s physician(s) (Name of Contractor’s employee)

· Case Rate

· Quantity of hours worked

· Total price

4.2 Vendor Electronic Invoice Submission Methods

Invoices will be electronically submitted to the Tungsten website at https://us.tungsten-network.com/ Tungsten direct vendor support number is 877-489-6135 for VA contracts. The VA-FSC pays all associated transaction fees for VA orders. During Implementation (technical set-up) Tungsten will confirm your Tax Payer ID Number with the VA-FSC. This process can take up to 5 business days to complete to ensure your invoice is automatically routed to your Certifying Official for approval and payment. In order to successfully submit an invoice to VA-FSC please review “How to Create an Invoice” within the how to guides. All invoices submitted through Tungsten to the VA-FSC should mirror your current submission of Invoice, with the following items required. Clarification of additional requirements should be confirmed with your Certifying Official (your CO or buyer). The VA-FSC requires specific information in compliance with the Prompt Pay Act and Business Requirements. For additional information, please contact:

Tungsten Support Phone: 1-877-489-6135 Website: https://us.tungsten-network.com/ Department of Veterans Affairs Financial Service Center Phone: 1-877-353-9791 Email: vafsccshd@va.gov Reduction in Services: This is a fixed quantity contract for a specified number of hours. If, at the end of the period of performance, the government has not utilized the total number of hours required under this contract because of a change in its requirements, the parties agree that they will attempt to negotiate in good faith a contract modification reducing the scope of the contract with a corresponding adjustment in the total contract price. In no event will the VA pay for hours worked that exceed the total number of hours specified in the contract for the period of performance.

Payments in full/no billing VA beneficiaries: The Contractor shall accept payment for services rendered under this contract as payment in full. VA beneficiaries shall not under any circumstances be charged nor their insurance companies charged for services rendered by the Contractor, even if VA does not pay for those services. This provision shall survive the termination or ending of the contract.

· To the extent that the Veteran desires services which are not a VA benefit or covered under the terms of this contract, the Contractor must notify the Veteran that there will be a charge for such service and that the VA will not be responsible for payment.

· The Contractor shall not bill, charge, collect a deposit from, seek compensation, remuneration, or reimbursement from, or have any recourse against, any person or entity other than VA for services provided pursuant to this contract. It shall be considered fraudulent for the Contractor to bill other third-party insurance sources (including Medicare) for services rendered to Veteran enrollees under this contract.

5. Patient Records

5.1 Patient Information

Contractor(s) shall insure the confidentiality of all patient and employee information and shall be held liable in the event of breach of confidentiality according to federal regulations contained in HIPPA. Any person, who knowingly or willingly discloses confidential information from the VA Medical Center, may be subject to fines of up to $50,000.00 and may be subjected to civil litigation from the patient.

5.2 Records

Contractor's personnel who obtain access to hardware or media which may manipulate or store drug or alcohol abuse data, sickle cell anemia treatment records, records or tests or treatment for or infection with HIV, medical quality assurance records, or any other sensitive information protected under 38 U.S.C. §4132 or §3305, as defined by the Department of Veterans Affairs, shall not have access to the records unless absolutely necessary to perform their contractual duties. Any individual who has access to these data will disclose them to no one, including other employees of the Contractor not involved in the performance of the particular contractual duty for which access was obtained. Violation of these statutory provisions, as stated in department regulations by the Contractor’s employees may involve imposition of criminal penalties.

5.3 Confidentiality of Patient Records

The Contractor is a VA Contractor and will assist in the provision of health care to patients seeking such care from or through VA. As such, the Contractor is considered as being part of the Department health care activity. Contractor is considered to be a VA Contractor for purposes of the Privacy Act, Title 5 U.S.C. 552a. Further, for the purpose of VA records access and patient confidentiality, Contractor is considered to be a VA Contractor for the following provisions: Title 38 U.S.C. 5701, 5705, and 7362. Therefore, Contractor may have access, as would other appropriate components of VA, to patient medical records including patient treatment records pertaining to drug and alcohol abuse, HIV, and sickle cell anemia, to the extent necessary to perform its contractual responsibilities. However, like other components of the Department, and not withstanding any other provisions of the contract, the Contractor is restricted from making disclosures of VA records, or information contained in such records, to which it may have access, except to the extent that explicit disclosure authority from VA has been received. The Contractor is subject to the same penalties and liabilities for unauthorized disclosures of such records as VA.

The records referred to above shall be and remain the property of VA and shall not be removed or transferred from VA except in accordance with U.S.C.551a (Privacy Act), 38 U.S.C. 5701 (Confidentiality of claimant’s 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) and federal laws, rules and regulations. 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 records.

· The contractors are required to undergo annual privacy/security training

· The contractors are asked to sign the Contractor Rules of Behavior

· 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.

· Contractors know when and how to report security and privacy incidents PERSONNEL REQUIREMENTS: The Contractor shall provide personnel, through direct hire or through sub-contracting, in numbers and qualifications capable of fulfilling the requirements of this contract.

HHS/OIG: To ensure that the individuals providing services under the contract have not engaged in fraud or abuse regarding Sections 1128 and 1128A of the Social Security Act regarding federal health care programs, the Contractor is required to check the Health and Human Services—Office of Inspector General (HHS/OIG), List of Excluded Individuals/Entities on the OIG Website (www.hhs.gov/oig) for each person providing services under this contract. Further the Contractor is required to certify in its proposal that all persons listed in the Contractor’s proposal have been compared against the OIG list and are NOT listed. During the performance of this contract the Contractor is prohibited from using any individual or business listed on the List of Excluded Individuals/Entities. The queries must be negative and show no evidence of past disciplinary actions.

HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (HIPAA): In accordance with 45 CFR 164.502(e), the Privacy Rule includes exceptions to the Business Associate standard. This contract and its requirements meet the following exception and does not require a Business Associate agreement in order for Covered Entity to disclose Protected Health Information to a health care provider for treatment. Based on this exception, a Business Associate agreement is not required for this contract.

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this…