36C24926Q0124.docx

36C24926Q0124 – MEM PATH & LAB

GENERAL INFORMATION

Network Contracting Office 9 (90C)

NCO 9

1639 Medical Center Parkway, Suite 204 Murfreesboro TN 37129

POINT OF CONTACT*

Robert Pritchard, Contract Specialist No Phone Calls Accepted

PLACE OF PERFORMANCE

1030 Jefferson Avenue

Memphis, TN

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

DESCRIPTION

This is a Sources Sought Notice for market research purposes. This is NOT a solicitation for proposals, proposal abstracts, or quotations. The purpose of this notice is to obtain information regarding the availability and capability of all qualified sources to perform a potential requirement.

Services Required: The Department of Veterans Affairs (VA), Veterans Health Administration (VHA) Lt Col Luke Weathers, Jr VA Medical Center (Memphis VAMC) requires a full range of Path and Lab Services to be provided in a private hospital, office, or clinic environment to Veterans.

There is currently a contract in place for these services. It is anticipated that it will take 6 (six) months to award a new contract.

Purpose and Objectives: Your responses to the information requested will assist the Government in determining the appropriate acquisition methodology. Interested parties should complete the attached questionnaire and return it with their capability statement.

NAICS Code: 621511 and sized standard is $40 Million.

NOTE: Respondent claiming SDVOSB and VOSB status must be registered and verified through the Small Business Administration at https://search.certifications.sba.gov/. Additionally, all Offerors responding to a solicitation must have an active registration in the System for Award Management (SAM) at the time of proposal submission.

Project requirements: Contractor will provide pathology and laboratory services at the Lt Col Luke Weathers, Jr VAMC in Memphis, Tennessee. The contractor shall provide various path and lab staff for including daytime coverage, evening coverage, weekend coverage, and coverage on federal holidays. Services include, but are not limited to:

1 (one) – Cytopreparation Technician 4 (four) – ASCP/AMT Certified Medical Technologists 1 (one) – Pathologists Assistant 11 (eleven) – Phlebotomists, Medical Technicians 1 (one) – Medical Transcriptionist Statement of Work: See attached for a DRAFT Statement of Work.

Anticipated Period of Performance: Period of performance is projected to be for a base period of one (a) year with an additional four (4) one-year options periods but is subject to change.

SOURCES SOUGHT QUESTIONNAIRE

Company Name ___________________________________________

POC ___________________________________________

Phone Number ___________________________________________

Email Address ___________________________________________

UEI ___________________________________________

1. Is your firm considered a Small Business? The North American Industry Classification System (NAICS) code is tentatively 621511; the small business size standard for this NAICS code is $40 Million.

A size standard, which is usually stated in number of employees or average annual receipts, represents the largest size that a business (including its subsidiaries and affiliates) may be to remain classified as a small business for Small Business Administration and federal contracting programs. The definition of "small" varies by industry. Is your business considered any of the following?

[ ] yes [ ] no Service Disabled Veteran Owned Small Business (SDVOSB)**

[ ] yes [ ] no Veteran Owned Small Business (VOSB)**

[ ] yes [ ] no Historic Underutilized Business Zone (HUBZONE)

[ ] yes [ ] no Small Disadvantaged Business (SDB)

[ ] yes [ ] no Woman Owned Small Business (WOSB)

[ ] yes [ ] no Small Business (SB)

**If you responded ‘yes’ to SDVOSB or VOSB, submit a copy of your current SBA Vendor Certification.

2. Does your firm have an active registration in the System for Award Management (SAM)?

[ ] yes [ ] no

3. Have you provided Outpatient Clinic Services under NAICS 621511 to a Federal Agency in the past? If so, please list experience.

4. In your opinion, what are the risks associated with this effort? Comment on any current or potential technical, cost, schedule, or performance risks that you would like to make the Government aware of that concern Path and Lab Services and/or this requirement.

5. Provide any additional feedback that you feel is relevant (i.e., problems or any other issues experienced with similar contracts).

Note: Do not include proprietary, classified, confidential, or sensitive information in responses.

Please e-mail your questionnaire response with the above information to Robert Pritchard (robert.pritchard2@va.gov) with the subject line "Sources Sought Notice: Path and Lab Services” by 11:00am CT on March 13, 2026.

Disclaimer and Important Notes. This notice does not obligate the Government to award a contract or otherwise pay for the information provided in response. The Government reserves the right to use information provided by respondents for any purpose deemed necessary and legally appropriate. Any organization responding to this notice should ensure that its response is complete and sufficiently detailed to allow the Government to determine the organization’s qualifications to perform the work. Respondents are advised that the Government is under no obligation to acknowledge receipt of the information received or provide feedback to respondents with respect to any information submitted. After a review of the responses received, a pre-solicitation synopsis and solicitation may be published to the System for Award Management. However, responses to this notice will not be considered adequate responses to a solicitation.

Confidentiality. No proprietary, classified, confidential, or sensitive information should be included in your response. The Government reserves the right to use any non-proprietary technical information in any resultant solicitation(s).

Sources Sought Notice Sources Sought Notice

36C24926Q0124 – MEM PATH & LAB

Sources Sought Notice

Statement of Work for Contract Medical Laboratory Support VAMC Memphis

1. Introduction:

The Lt. Col. Luke Weathers, Jr. VA Medical Center Memphis Pathology and Laboratory Medicine Service (P&LMS) has experienced a continuous and critical shortage in staffing of Cytotechnicians, Medical Technologists, Pathology Assistant, Phlebotomists, and Medical Transcriptionist. Currently, the staffing shortage has been caused by numerous resignations and transfers at the Memphis campus. These changes have created a situation in which there is insufficient staffing to cover the laboratory adequately on a 24-hour basis, seven days a week. Technologists are being rotated to cover the three tours. Patient testing will suffer because of inadequate staffing on the evening and midnight shifts. Patient results will not be verified in a timely manner and physicians/clinicians will not get their reports in their required time frame.

2. Requirements:

The contractor shall provide to the Department of Veterans Affairs, Memphis, TN with up to:

1 (one) – Cytopreparation Technician 4 (four) – ASCP/AMT Certified Medical Technologists 1 (one) – Pathologists Assistant 11 (eleven) – Phlebotomists, Medical Technicians 1 (one) – Medical Transcriptionist

The contractor shall provide services on an as needed basis. The contractor will be provided with a thirty (30) day advance notice by the Lt. Col. Luke Weathers, Jr, VA Medical Center Memphis, TN prior to requesting the medical technologist services. Upon request for the medical technologist services, the contractor will also be provided with the term of services required. The Department of Veterans Affairs Medical Center Chief of Laboratory & Pathology Medicine Service will have final technical and administrative direction over all services provided.

3. References:

The Joint Commission Standards, College of American Pathologists and P&LMS policies on documentation.

4. Delivery:

These positions are needed for a base year of October 1, 2026 thru September 30, 2031 and based on continuing need, four (4) one-year option periods thereafter. As vacancies are filled by permanent employees, the service will have the option to reduce the number of contracted personnel in accordance to the vendor’s published policy for minimum service length.

5. Description of duties:

The Cytopreparation Technician will be expected to receive a variety of specimens, e.g., urine, sputum, and fine needle aspirates, brushings, and washings from various body sites, which must be prepared for cytologic examination. Responsible for assuring that specimens and their accompanying request forms are properly identified, but if discrepancies exist to take appropriate action. Specimens must be accessioned and recorded in the computer. Approximate volume, density, and color of specimens must be indicated on the accompanying request forms in addition to the numbers of slides/smears received when received into the laboratory. Must be well versed in the safe handling of potentially infectious material. By use of centrifuges, filter apparatus, biohazard hood and automated staining instrument; prepare slide material for staining and cover-slipping. Responsible for staining and cover-slipping slides whether automated or manual. Must closely examine fluid samples for suspended tissue fragments and prepare cell blocks by the various cell block techniques and procedures. Incumbent must periodically view slide preparations microscopically to determine the quality of stain and technique. If preparation quality is not satisfactory, must take corrective action. Maintains specimen accession logbook. Can assist maintaining the slide files for easy retrieval when necessary. Responsible for cleaning the glassware used in this section as well as maintaining an orderly and clean work area. Also responsible for daily runs to collect specimens kept in the Main Laboratory section as well as stocking supplies for distribution to various clinics at Lt. Col. Luke Weathers, Jr. VAMC and to outside CBOC sites. Must have knowledge and skill to process cell samples (gynecologic and non-gynecologic) using liquid-based instrumentation. Responsible for instrument troubleshooting, calibration and pneumatic test runs. Cytopreparation Technicians do not require licensure nor certification.

The Medical Technologist will be expected to provide patient testing and preserving of specimens for later analysis, send out of testing required on a STAT basis, issue blood and blood products as requested from the physicians, perform required quality control and instrument maintenance, and follow all local Pathology protocols and procedures and those of College of American Pathologists (CAP), Food and Drug Administration (FDA) and Clinical Laboratory Improvement Amendments (CLIA). Review of patient results and paperwork/documentation would be provided by the Day or Off Tour Medical Technologist Supervisor of Pathology/Laboratory Service at the Memphis campus to determine the quality and proper analysis of the results verified.

The Medical Technicians (Phlebotomist) can be assigned to work in the sections of Pathology and Laboratory Medicine Service, which includes Processing, Collection, Send out, Core Labs. The Technician perform routine, and STAT tests on blood, urine, and other fluids. Pathology and Laboratory Medicine Service provides services to wards, ICU, Emergency Room, and Ambulatory Care 24 hours each day.

Primary duties may include the following: (1) collects and/or evaluates suitability of specimens for testing, prepares specimens, and carries out the tests ordered and other tests if indicated; (2) prepares reagents, standards and control materials; (3) selects, performs, evaluates, and monitors the performance of routine and specialized test procedures using manual and/or automated and semi-automated equipment; (4) recognizes and reacts to indicators of malfunction, finds and corrects errors; (5) obtains analytical data, coverts to prescribed units for reporting and correlates data to verify results; (6) verifies laboratory reports and provides results to appropriate individuals; (7) identifies errors and critical values, repeats tests and reports critical values to responsible personnel; (8) calibrates, standardizes, adjusts and maintains instruments; (9) conducts and documents quality control procedures on equipment, reagents, and products, and maintains proper records for quality control reports; (10) safely operates equipment, identifies and reports hazardous situations, properly handles chemicals and infectious material, and institutes corrective action if necessary; and (11) Follows current Lab Standard Operating Procedures and uses all the functions on the hospital computer system that relate to Pathology and Laboratory Medicine Service and patient data.

The Pathology Assistant will be assigned duties in the Anatomic and Pathology Section of the Laboratory. Under the direction and supervision of a pathologist, a pathologists’ assistant may provide the following:

- Preparation, gross description, and dissection of human tissue surgical specimens

- Preparation of human postmortem examinations

- Instruction of anatomy and physiology, gross pathology, photography, and gross dissection skills for surgical specimens as well as autopsy techniques

- Training of pathology residents/fellows, pathologists’ assistant students and other pathology lab personnel (as needed)

- Research, procurement of samples for bio-specimen banking

- Performance of administrative, teaching, and other such duties as may be appropriate and assigned -Examine, identify lesions, sample, freeze, section and prepare stained slides to pathologist examination during intraoperative consultations -Responsible for supervising all anatomic pathology gross workflow and work areas including the frozen section room, frozen equipment and autopsy suite.

The Medical Transcriptionist will be assigned duties in a Pathology/Laboratory setting. Will transcribe from oral dictation and voice recognition software.

The Medical Staff would need access to the computer and will need to have a background check performed, complete HIPPA Privacy and Information Security Awareness training with signed rules of behavior and submit a SAR request for access.

6. Evaluation Criteria:

The Cytopreparation Technician must possess the appropriate experience and no licensure nor certification is required.

Availability: The Medical Technologist’s availability is a critical evaluation factor. The requested start date is as soon as possible.

VETPRO Certification: Preference will be given to individuals with current VETPRO certification.

Qualifications: The Medical Technologist must possess a bachelor’s degree as a Medical Technologist or Clinical Laboratory Scientist, or a bachelor’s degree in microbiology, biology, chemistry, or a related field. They must also be certified as a medical technologist or clinical laboratory scientist by the American Society of Clinical Pathology Board of Registry (ASCP-BOR) or American Medical Technologists (AMT).

The Medical Technicians should be certified by the American Society of Clinical Pathology Board of Registry (ASCP-BOR) but is not mandatory.

The Medical Transcriptionist must possess appropriate experience working in a Pathology/Laboratory or equivalent Medical Transcriptionist experience. Must possess the ability to transcribe from oral dictation and voice recognition software.

Experience/Past Performance: The past performance and experience of candidates will also weigh into the overall evaluation. Three references must be submitted for each candidate that is submitted for evaluation.

Note: Medical Technologists should be ASCP or AMT certified, holding only a Tennessee State license and no national certification are not qualified to work at this government facility.

7. APPROVAL OF CONTRACTOR PERSONNEL:

The Department of Veterans Affairs reserves the right to refuse employment under this contract or require dismissal from contract work of any contractor employee or subcontractor employee because of unsatisfactory performance or for any other reasonable reason considered by the Chief, Pathology and Laboratory Medicine Service, the Chief, of Staff, and the Contracting Officer to be objectionable, upon written notification of unsatisfactory performance to the Contractor.

8. TOURS OF DUTY:

1. Tours of Duty for appropriate coverage will be mutually agreed upon by the Contractor and the VA

1. Overtime will not be paid for lunch breaks not taken. Overtime will be paid for all positions only in emergency situations with proper approval from program coordinator/ designee.

1. Tours will be a max of 8 hours tours and may vary. No double tours or sequential tours will be permitted.

1. The contractors may be required to work off tours as well as rotating weekends.

9. STAFFING LEVEL:

1- Cytopreparation Technician 4- ASCP/AMT Certified Medical Technologists 11-Medical Technicians (Phlebotomists) 1- Pathologists Assistant 1- Medical Transcriptionist

10. ORIENTATION:

1. Orientation will consist of 4 -8 hours of training including unit specific orientation.

1. Included in the orientation will be:

1. Infection Control Policy - Standard Precautions

1. Laboratory Safety

1. Blood Borne Pathogen Training

1. Personal Protective Equipment (PPE) training

1. Documentation Standards for the Clinical Record

1. Smoking Regulations

1. Patient, Visitor and Employee Safety

1. Nursing Employees Response in Emergency Situations

1. Rules of Behavior; Customer Service

1. Each Contractor employee will be expected to review the documents and sign the agreement indicating such a review has occurred. During the 4-8 hour mandatory orientation at the VA, each Contractor employee will be given the opportunity to discuss previously reviewed policies/documents specific to the facility.

1. Upon completion of training, each Contractor employee will complete an orientation assessment measuring the knowledge retained following the training.

11. DOCUMENTATION REQUIREMENTS:

a. All these should be submitted with offer

1. Current resume with detail of length and type of experience

1. Copy of current TB testing and results within the past 12 months and then annually

1. Completed Fingerprint Information Form (will be provided by VA) and will be submitted on the medical staff who will be performing on the contract once the contract is awarded.

1. Record of current Hepatitis B vaccination or declination form

b. Documents required before start of contract work are: (forms will be provided by VA)

· Fingerprints information sheet will be submitted on all contractors to COR The following can be accomplished at Orientation

· Compliance and Business Integrity Training

· VA Privacy and Information Security Awareness and Rules of Behavior

· VHA Privacy and HIPAA Focused Training

Copy of completion certificate must be provided to the COR upon completion of training and annually thereafter.

12. SPECIAL CONTRACT REQUIREMENT:

Under the authority of Public Law 104-262 and 38 USC 8153, the Contractor agrees to provide Health Care Resources, in accordance with the terms and conditions stated herein, at the Memphis VAMC, at the services and prices specified in the section entitled: B.2 Schedule of Supplies/Services and Price/Costs.

The C&A requirements do not apply.

Security Accreditation Package is not required.

13. SERVICES:

d. The services to be performed by the contractor will be under the direction of Chief, Pathology & Laboratory Medicine, Department of Veterans Affairs Medical Center, 116 N. Pauline Avenue, Memphis, TN 38105.

14. KEY PERSONNEL AND TEMPORARY EMERGENCY SUBSTITUTIONS:

a. The Contractor shall assign to this contract the following key personnel:

1-Cytopreparation Technician 4-ASCP/AMT Certified Medical Technologists 11-Medical Technicians (Phlebotomists) 1- Pathologists Assistant 1- Medical Transcriptionist

b. The Contractor shall make NO substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. Substitution personnel shall be provided within three (3) working days of notification to the VA that a substitution is necessary.

c. The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes and all other documents required for original personnel for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes shall have comparable qualifications to those of the persons being replaced. The contract shall be modified to reflect any approved changes of key personnel. For temporary substitutions where the key person will not be reporting to work for 3 consecutive workdays or more, the Contractor shall provide a qualified replacement for the key person. This substitute shall have comparable qualifications to the key person. Any period exceeding two (2) weeks shall require the procedure as stated above.

d. Because continuity of care is an essential part of Medical Care Services, the Contractor is to have a contingency plan in place to be utilized if personnel leave Contractor’s employment or are unable to continue performance in accordance with the terms and conditions of the resulting contract.

e. The Government reserves the right to refuse acceptance of Contractor if personal or professional conduct jeopardizes patient care or interferes with the regular and ordinary operation of the facility. Medical phlebotomists 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 shall not be considered for the purposes of this contract. 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 patients or other staff members to designated Government representatives. Standards for conduct shall mirror those prescribed by current federal personnel regulations. The Contractor and Contracting Officer’s Representative shall deal with issues raised concerning contract personnel’s conduct. The final arbiter on questions of acceptability is the Contracting Officer.

15. BADGES:

Contractor personnel are required to wear ID badges above the waist during the entire time he/she is at the Memphis VAMC. The ID badge MUST have an identification picture and shall be issued by the Memphis VAMC. ID badges MUST be surrendered at the end of the contract during the out-processing procedure. If badge is lost, replacement cost is $5.00 paid by Contractor/Contractor staff.

16. KEYS:

Contractor may be required to have keys issued to them during the time he/she is at Memphis VAMC. Keys may be issued as needed and MUST be surrendered at the end of each shift to the supervisor of the area assigned.

17. NO SMOKING POLICY:

The policy of Memphis VA Medical Center is to prohibit the use of tobacco and non-tobacco smoking products by all staff, patients, visitors, contractors, and vendors in all building, enclosed structures, government vehicles and the medical center grounds. It is the desire of the Memphis VA to promote the health and well-being of patients, visitors, and employees. Smoking is inconsistent with the healthcare mission of the Veterans Health Administration (VHA). Memphis VAMC is smoke free, in accordance with VHA Directive 1085.01, dated August 8, 2019, all Memphis VA facilities/buildings (including entrances) and government vehicles are designated smoke-free areas, effective October 1, 2019. There are no medical exceptions for allowing the use of tobacco products within any of the buildings, vehicles, or on Memphis VA grounds.

18. TERM OF CONTRACT:

The base year of the contract is effective 10-1-26 thru 9-30-27 and may be extended at 12-month intervals thereafter. The contract is subject to the availability of VA funds. The contracting officer reserves the right to exercise four additional option periods after the initial base year. No services shall be performed by the contractor after 9-30-31 until the contracting officer authorizes such services in writing.

19. WORK HOURS:

20. PERSONNEL POLICY:

a. 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 Income tax withholding, and Social security payments

21. INFECTION CONTROL REQUIREMENTS

Health Tests - Contractor personnel shall provide, upon VAMC request to review, proof of the following tests within five (5) days prior to first duty shift. Tests shall be current within the past year.

22. MONITORING AND RECORDKEEPING:

a. The program assistant to the Chief, Pathology & Laboratory Medicine Service or designee is assigned the responsibility of monitoring this contract to assure the VA is paying only for hours worked and services performed.

b. Timesheets (sign in/sign out) will be prepared for the contractor’s employees to verify that services required under this contract have been received by the VA Medical Center. These records will be compared to the contractor’s monthly invoice for accuracy by identifying the employee by name and the number of hours worked. Invoices will be certified for payment only after records have been verified.

Procedures for System Access. Access requirements to VA information systems by Contractors and Contractor personnel shall meet or exceed those requirements established for personnel as described in VHA Directives. A written and signed request for user access by VHA Management, or designee(s), constitutes management approval (sponsorship) to initiate a request for access to any sensitive automated information system. Access shall be granted to non-VA users only if the purpose for access meets criteria of the Privacy Act and VA Confidentiality regulations and transfer.

Contractor's personnel will be required to complete VA Privacy and Information Security Awareness and Rules of Behavior training and Contractor Rules of Behavior training before starting work under this contract.

In the performance of official duties, the Contractor's personnel have regular access to printed and electronic files containing sensitive information, which must be protected under the provisions of the Privacy Act of 1974, and other applicable laws and regulations. The employee is responsible for (1) protecting that information from unauthorized release or from loss, alternation, or unauthorized deletion, and (2) following applicable regulations and instructions regarding access to computerized files, release of access codes, etc. as set out in a computer access agreement which the employee signs.

Inappropriate usage of VA computer systems (as defined in the Contractor Rules of Behavior) will constitute grounds for (at the least) terminating access for that person and (at the most) termination of the entire contract.

CONFIDENTIALITY: The Contractor understands and agrees that the information in the medical records of all patients is confidential. Strict confidentiality is to be maintained, Rules of Confidentiality expected to be conformed with are delineated in 38 U.S.C. 3301, 38 U.S.C. 4132 5 U.S.C. 552 (a) et. seq. The Contractor and its personnel shall be held liable in the event of breech of confidentiality. Any person, who knowingly or willingly discloses confidential information from the authorizing VA Medical Centers, may be subject to fines.

23. QUALITY IMPROVEMENT:

The Government may evaluate the quality of professional and administrative services provided, but retains no control over the medical, professional aspects of services rendered (e.g., professional judgments, diagnosis for specific medical treatment), in accordance with Federal Acquisition Regulation (FAR) 37.401(b).

24. JOINT COMMISSION AND CAP COMPLIANCE:

a. The Contractor shall perform required services in accordance with the standards of the Joint Commission. The Contractor shall adhere to Veterans Health Administration (VHA) regulations and the policies, procedures, and regulations of the Medical Staff bylaws of the Memphis VAMC.

b. The Contractor, upon request, shall provide quality data and information related to services provided and participate in the Medical Center's Performance Improvement programs when requested to do so. The Contractor shall also provide documentation of the competency of staff that will be providing the contracted services.

25. PAYMENT:

a. Payment to the Contractor shall be made monthly in arrears, upon receipt of a properly prepared invoice. Payment for any leave, including sick leave, holiday, or vacation time, PTO time, shall be the responsibility of the Contractor.

b. Invoices shall include the contract number, purchase order number, date of work, hour worked, contract employee’s name, description of work, hours total, rate, timesheet(s) and total billed price, refer to other invoice processes as addressed in the contract.

c. Billings rendered by the Contractor to the VAMC for services furnished a VAMC beneficiary under the terms of this contract shall be billings in full. Neither the beneficiary, his insurer, nor any third party shall be billed.

d. Payment Address:

e. Contractor employee(s) must be present at the Memphis VAMC and must be performing the services specified in the contract in order to receive reimbursement.

26. TYPE OF CONTRACT:

This is a Firm-Fixed Price contract.

27. EVIDENCE OF INSURANCE COVERAGE:

The Contractor shall furnish to the Contracting Officer with their quote a Certificate of Insurance which shall contain an endorsement to the effect that cancellation of, or any material change in the policies which adversely affect the interests of the Government in such insurance shall not be effective unless a 30-day written notice of cancellation or change is furnished to the Contracting Officer.

28. CONTRACTING OFFICER'S REPRESENTATIVE (COR):

The Contracting Officer's Representative (COR) for this contract shall be:

Cynthia Scott, Health Systems Specialist/COR COS/Pathology & Laboratory Medicine Service Department of Veterans Affairs Medical Center 116 N. Pauline Street Memphis, TN 38105 Phone: 901) 523-8990, Ext 12189 Email: Cynthia.Scott@va.gov

29. 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 and make copies of such records.

30. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (HIPAA):

Contractors and any subcontractors must adhere to the provisions of Public Law 104-191, Health Insurance Portability and Accountability Act (HIPAA) of 1996. This includes both the Privacy and Security Rules published by the Department of Health and Human Services (HHS). As required by HIPAA, HHS has promulgated rules governing the use and disclosure of protected health information by covered entities. The covered entity component of the Department of Veterans Affairs is the Veterans Health Administration Business Associate Agreement (BAA) with the VHA. Business associates must follow VHA privacy policies and practices. All contractor and business associates must receive privacy training annually. For contractors and business associates who do not have access to VHA computer systems, this requirement is met by completing VHA National Privacy Policy training, other VHA approved privacy training or contractor furnished training that meets the requirements of the HHS Standards for Privacy of Individually Identifiable Health Information as determined by VHA. For contractors and business associates who are granted access to the VHA computer systems, this requirement is met by completing VHA National Privacy Policy training or other VHA approved privacy training. Proof of training is required.

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 do 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.

31. CONTRACTOR PERSONNEL SECURITY REQUIREMENTS:

All contractor employees who require access to the Department of Veterans Affairs’ computer systems shall be the subject of a background investigation and must receive a favorable adjudication from the VA Office of Security and Law Enforcement prior to contract performance.

This requirement is applicable to all subcontractor personnel requiring the same access.

If the investigation is not completed prior to the start date of the contract, the contractor will be responsible for the actions of those individuals they provide to perform work for VA.

1. Position Sensitivity: The position sensitivity has been designated as Low Risk.

2. Background Investigation: The level of background investigation commensurate with the required level of access is National Agency Check with Written Inquiries.

3. Contractor Responsibilities:

a. The contractor shall bear the expense of obtaining background investigations. If the investigation is conducted by the Office of Personnel Management (OPM), the contractor shall reimburse VA within 30 days.

b. The contractor shall prescreen all personnel requiring access to the computer systems to ensure they maintain a U.S. citizenship and are able to read, write, speak and understand the English language.

c. The contractor shall submit or have their employees submit the following required forms to the VA Office of Security and Law Enforcement within 30 days of receipt:

(i) Standard Form 85P, Questionnaire for Public Trust Positions

(ii) Standard Form 85P-S, Supplemental Questionnaire for Selected Positions

(iii) FD 258, U.S. Department of Justice Fingerprint Applicant Chart (iv) VA Form 0710, Authority for Release of Information Form

(v) Optional Form 306, Declaration for Federal Employment

(vi) Optional Form 612, Optional Application for Federal Employment.

d. The contractor, when notified of an unfavorable determination by the Government, shall withdraw the employee from consideration from working under the contract.

e. Failure to comply with the contractor personnel security requirements may result in termination of the contract for default.

f. Vendor must ensure all contractors who will be working on the contract complete a mandatory training program titled VA Privacy and Information Security Awareness Training and Rules of Behavior (VA 10176) as well as VHA Privacy and HIPAA Training (VA 10203). This training is offered through the VA Talent Management System (TMS), a system that offers web-based training to VA employees and its partners.

g. He/she must ensure each contract employee self-enrolls for a profile on the VA TMS by visiting https://www.tms.va.gov/plateau/user/login.jsp Once there, employees should follow the steps to create a profile, launch the mandatory training, and complete the content prior to their next day at VA. Certificate of completion will be provided prior to assignment and annually thereafter.

h. Upon completion by all employees, the contractor shall provide their Contracting Officer Representative with each employee’s printed certificate of completion from the TMS. This certificate displays the employee’s TMS user ID.

i. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures. (VA Handbook 6500.6 Appendix C)

j. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor’s employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination. (VA Handbook 6500.6 Appendix C)

k. The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed. (VA Handbook 6500.6 Appendix C)

l. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12. (VA Handbook 6500.6 Appendix C)

4. Government Responsibilities:

a. The VA Office of Security and Law Enforcement will provide the necessary forms to the contractor or to the contractor’s employees after receiving a list of names and addresses.

b. Upon receipt, the VA Office of Security and Law Enforcement will review the completed forms for accuracy and forward the forms to OPM to conduct the background investigation.

c. The VA facility will pay for investigations conducted by the Office of Personnel Management (OPM) in advance. In these instances, the contractor will reimburse the VA facility within 30 days.

The C&A requirements do not apply, and that a Security Accreditation Package is not required.

32. VA INFORMATION CUSTODIAL LANGUAGE:

The following standard Items relate to records generated in executing this contract:

1. Citations to pertinent laws, codes and regulations such as 44 U.S.C. Chapter 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228.

2. Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

3. Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government ‘IT’ equipment and/or Government records.

4. Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act.

5. Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.

6. The Government Agency owns the rights to all data/records produced as part of this contract.

7. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

8. Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.].

9. No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.

10. Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under or relating to this contract. The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.

Appendix B

VA ACQUISITION REGULATION SOLICITATION PROVISION AND CONTRACT CLAUSE

NOTE: This clause will undergo official rule making by the Office of Acquisitions and Logistics. The below language will be submitted for public review through the Federal Register. The final wording of the clause may be changed from what is outlined below based on public review and comment. Once approved, the final language in the clause can be obtained from the Office of Acquisitions and Logistics Programs and Policy.

1. SUBPART 839.2 – INFORMATION AND INFORMATION TECHNOLOGY SECURITY REQUIREMENTS

839.201 Contract clause for Information and Information Technology Security:

a. Due to the threat of data breach, compromise or loss of information that resides on either VA-owned or contractor-owned systems, and to comply with Federal laws and regulations, VA has developed an Information and Information Technology Security clause to be used when VA sensitive information is accessed, used, stored, generated, transmitted, or exchanged by and between VA and a contractor, subcontractor or a third party in any format (e.g., paper, microfiche, electronic or magnetic portable media).

b. In solicitations and contracts where VA Sensitive Information or Information Technology will be accessed or utilized, the CO shall insert the clause found at 852.273-75, Security Requirements for Unclassified Information Technology Resources.

2. 852.273-75 - SECURITY REQUIREMENTS FOR UNCLASSIFIED INFORMATION TECHNOLOGY RESOURCES (INTERIM- OCTOBER 2008)

As prescribed in 839.201, insert the following clause:

The contractor, their personnel, and their subcontractors shall be subject to the Federal laws, regulations, standards, and VA Directives and Handbooks regarding information and information system security as delineated in this contract.

Appendix C

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE FOR INCLUSION INTO CONTRACTS, AS APPROPRIATE

1. GENERAL

Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.

2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

a. A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order.

b. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.

c. Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S.