SUBJECT*

Radiation Oncology Services at Memphis VAMC

GENERAL INFORMATION

Network Contracting Office 9 (90C)

NCO 9

1639 Medical Center Parkway, Suite 204 Murfreesboro TN 37129

POINT OF CONTACT*

Branch Chief Carol Franklin carol.franklin@va.gov No calls accepted

PLACE OF PERFORMANCE

1030 Jefferson Ave.

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. This notice is also to research availability of small business providers.

Services Required: The Department of Veterans Affairs (VA), Veterans Health Administration (VHA) Lt. Luke Weathers, Jr. VA Medical Center (Memphis VAMC) has an urgent requirement for Radiation Oncology Physician Services to be provided in a private hospital, office, or clinic environment to Veterans.

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

There is NO contract currently in place for these services. It is anticipated that it will take three (3) month 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: 621111 and size standard is $16 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 Radiation Oncology Physician services at the Memphis VAMC in Memphis, Tennessee. The contractor shall provide properly qualified Radiation Oncology Physicians to provide Radiation Oncology services onsite at the Memphis VAMC.

Statement of Work: See attached for a DRAFT Performance Work Statement.

Anticipated Period of Performance: Period of performance is projected to be for a one (1) year period with an option to extend for up to 6 (six) months. A long-term procurement will subsequently be competed for these services.

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 621512; the small business size standard for this NAICS code is $19 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 621512 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 Medical Physicist 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 Carol Franklin (carol.franklin@va.gov) with the subject line "Sources Sought Notice: Radiation Onloclogy Services” by 11:00am CT on June 12, 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

Sources Sought Notice

B.3 PERFORMANCE WORK STATEMENT

1. GENERAL

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

1.2. PLACE OF PERFORMANCE: Contractor shall furnish services onsite at the Lt. Col. Luke Weathers, Jr. VA Medical Center, 1030 Jefferson Avenue, Memphis, TN 38104-2127; or at the radiation oncology department located on the same campus at 116 N Pauline, Memphis, TN 38105.

1.3. Authority: Title 38 USC 8153, Health Care Resources (HCR) sharing Authority in conjunction with FAR Parts 12 and 16.505.

1.4. Policy/Directives/Handbooks. The contractor shall be subject to the following policies, including any subsequent updates during the period of performance. The policies listed below can be accessed electronically at the following: VA Publications VHA Publications

1.4.1. VA Directive 1663: Health Care Resources (HCR) Contracting – Buying Title 38 U.S.C. 8153

1.4.2. VHA Directive 1003.04: VHA Patient Advocacy

1.4.3. VHA Directive 1065: Productivity and Staffing Guidance for Specialty Provider Group Practice

1.4.4. VHA Directive 1088(1): Communicating Test Results to Providers and Patients

1.4.5. VHA Directive 1100.18: Reporting and Responding to State Licensing Boards

1.4.6. VHA Directive 1100.20: Credentialing of Health Care Providers

1.4.7. VHA Directive 1100.21: Privileging

1.4.8. VHA Directive 1192.01: Seasonal Influenza Vaccination Program for VHA Health Care Personnel

1.4.9. VHA Directive 1220(1): Facility Procedure Complexity Designation Requirements to Perform Invasive Procedures in Any Clinical Setting

1.4.10. VHA Directive 1400.01: Supervision of Physician, Dental, Optometry, Chiropractic, and Podiatry Residents: Not Applicable

1.4.11. VHA Directive 1605.01: Privacy and Release of Information

1.4.12. VHA Directive 1907.01: VHA Health Information Management and Health Records

1.4.13. VHA Handbook 1100.17: National Practitioner Data Bank (NPDB) Reports Radiation Oncology Services

1.4.14. VHA Directive 1156 Accreditation of VHA Radiation Oncology Services/Sections

1.4.15. VHA Directive 1414 Stereotactic Body Radiotherapy

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

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

1.5. ACRONYMS/DEFINITIONS:

1.5.1. AAPM: American Association of Physics in Medicine

1.5.2. ABR: American Board of Radiology

1.5.3. ACGME: Accreditation Council for Graduate Medical Education

1.5.4. ACO: Administrative Contracting Officer

1.5.5. ACR: American College of Radiology

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

1.5.7. AOA: American Osteopathic Association

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

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

1.5.10. BAA: Business Associate Agreement

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

1.5.12. CDC: Centers for Disease Control and Prevention

1.5.13. CEU: Certified Education Unit

1.5.14. Clinical Privileging: Clinical Privileging is the process by which a practitioner, licensed for independent practice; e.g., without supervision, direction, required sponsor, preceptor, mandatory collaboration, etc.; is permitted by law and the facility to practice independently, to provide specific medical or other patient care services within the scope of the individual’s license, based upon the individual’s clinical competence as determined by peer references, professional experience, health status, education, training and licensure. Clinical privileges must be facility-specific and provider-specific, and within available resources.

1.5.15. CMD: Certified Medical Dosimetrist

1.5.16. CME: Continuing Medical Education

1.5.17. CMS: Centers for Medicare and Medicaid Services

1.5.18. CO: Contracting Officer

1.5.19. COR: Contracting Officer’s Representative

1.5.20. COS: Chief of Staff

1.5.21. CPARS: Contractor Performance Assessment Reporting System

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

1.5.23. Credentialing: Credentialing is the process of obtaining, verifying, and assessing the qualifications of a health care provider to provide care or services in or for the VA health care system. Credentials are documented evidence of licensure, education, training, experience, or other qualifications.

1.5.24. DEA: Drug Enforcement Agency

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

1.5.26. FSMB: Federation of State Medical Boards

1.5.27. FTE: Full Time Equivalent VA’s standard definition is for full time working the equivalent of 80 hours every two weeks, 2080 hours per year. However, providers may propose using their standard FTE definition.

1.5.28. HHS: Department of Health and Human Services

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

1.5.30. HIPAA: Health Insurance Portability and Accountability Act

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

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

1.5.33. IROC: Imaging and Radiation Oncology Core

1.5.34. ISO: Information Security Officer

1.5.35. Key Personnel: The individuals specified in this contract who are essential to work performance.

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

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

1.5.38. NPI: National Provider Identifier. NPI is a standard, unique 10-digit numeric identifier required by HIPPA. The Veterans Health Administration must use NPIs in all HIPAA-standard electronic transactions for individual (health care practitioners) and organizational entities (medical centers)

1.5.39. NROP: National Radiation Oncology Program

1.5.40. NRSC: National Radiation Safety Committee

1.5.41. POP: Period of Performance

1.5.42. PPD: Purified Protein Derivative

1.5.43. PWS: Performance Work Statement

1.5.44. QASP: Quality Assurance Surveillance Plan

1.5.45. QMP: Quality Management Program

1.5.46. SPE: Senior Procurement Executive

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

1.5.48. SBRT: Stereotactic Body Radiotherapy

1.5.49. TJC: The Joint Commission

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

1.5.51. TMP: Therapeutic Medical Physicist

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

1.5.53. VA: Department of Veterans Affairs

1.5.54. VetPro: Is VHA’s mandatory credentialing software platform to document the credentialing of VHA health care providers. This system facilitates completion of a uniform, accurate, and complete credentials file.

1.5.55. VHA: Veterans Health Administration

1.5.56. VISN: Veterans Integrated Services Network

1.5.57. VistA: Veterans Information Systems Technology Architecture

2. QUALIFICATIONS:

2.1 License: Contract physician(s) assigned by the Contractor to perform the services covered by this contract shall have a current license to practice medicine in any State, Territory, or Commonwealth of the United States or the District of Columbia.

All licenses held by the key personnel working on this contract shall be full and unrestricted licenses. Contract physician(s) who have current, full, and unrestricted licenses in one or more states, but who have, or ever had, a license restricted, suspended, revoked, voluntarily revoked, voluntarily surrendered pending action, or denied upon application will not be considered for the purposes of this contract.

2.2 Board Certification: All contract physician(s) shall be board certified by the American Board of Radiology and be currently certified in Basic Life Support (BLS) Advanced Cardiac Life Support (ACLS) or equivalency. All continuing education courses required for maintaining certification must be kept up to date at all times. Documentation verifying current certification shall be provided by the Contractor to the VA COR on an annual basis for each year of contract performance.

2.2.1 Radiation Oncology Physician: The Contractor shall provide American Board of Radiology (ABR) certified physicians in the area of Radiation Oncology and contract physicians shall maintain certification throughout the period of performance. In the event that Contractor’s Radiation Oncology Physician(s) is/are not directly employed by the treating facility, documentation must be provided to ensure adequate certification.

2.3 Credentialing and Privileging: Credentialing and privileging is to be done in accordance with the provisions of VHA Directive 1100.20 and VHA Directive 1100.21 referenced above. The Contractor is responsible to ensure that proposed physician(s) possesses the requisite credentials enabling the granting of privileges. No services shall be provided by any contract physician(s) prior to obtaining approval by the Facility Medical Executive Board and Medical Center Director.

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

2.4 Qualifications

2.4.1 Board Certified Radiation Oncology Physician: The VA Radiation Oncology Services are accredited by a nationally recognized accrediting body contracted through NROP. As such any Contractor providing onsite radiation oncology services must adhere to Guidelines & Technical Standards for Radiation Oncology promulgated by the American College of Radiology, American Society for Radiation Oncology and American Association for Physicist in Medicine: A contractor providing onsite radiation oncology services must provide evidence the radiation oncology practice meets or exceeds the established clinical practice guidelines and standards. Must have MD/DO, graduated radiation oncology residency, board certified in radiation oncology from the ABR with a minimum of five (5) years clinical experience excluding residency. RO must also have the following expertise and knowledge on the following procedures, equipment, and software:

2.4.1.1 3D Conformal Radiation Therapy (3D-CRT)

2.4.1.2 Three (3) years of experience – Intensity Modulated Radiation Therapy (IMRT).

2.4.1.3 Stereotactic Body Radiation Therapy (SBRT): minimum case experience of 10 documented cases within the last two years

2.4.1.4 Stereotactic Radiosurgery (SRS): minimum case experience of 10 documented cases within the last 2 years

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

2.5.1. Technical Proficiency: Contract physician(s) and other contract provider(s) shall be technically proficient in the skills necessary to fulfill the government’s requirements, including the ability to speak, understand, read, and write English fluently. Contractor shall provide documents upon request of the CO/COR to verify current and ongoing competency, skills, certification and/or licensure related to the provision of care, treatment and/or services performed. Contractor’s physicians and other contract provider(s) shall have knowledge of professional care theories, principles, practices, and procedures to serve radiation oncology patient population. Contractor’s physician and other contract provider(s) shall demonstrate knowledge of growth and development, and pathophysiology of disease processes specific radiation oncology patient population. Contractor shall provide verifiable evidence of all educational and training experiences including any gaps in educational history for all contract physician(s) and other contract provider(s) shall be responsible for abiding by the Facility's Medical Staff By-Laws, rules, and regulations (referenced herein) that govern medical staff behavior.

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

2.7. Training (BLS (Physicians & radiation therapy technologists only), EHR and VA MANDATORY): Contractor shall meet all VA educational requirements and mandatory course requirements defined herein; all training must be completed by the contractor’s physician(s) as required by the VA. Other training may become required. VA will communicate any changes to the training requirement to the contractor.

Training (The following training is mandatory per VHACO for Contracted Physicians)

2.8. STANDARD INFECTION CONTROL MEASURES (PPD, IMMUNIZATIONS, ETC.):

Contractor shall provide proof of the following for physicians within five (5) calendar days after contract award and prior to the first duty shift to the COR and Contracting Officer. Tests shall be current within the past year.

2.8.1. TUBERCULOSIS TESTING: Contractor shall provide proof of a negative Tuberculosis Skin Test (TST) or interferon-gamma release assays (IGRA) for all Contractor’s physician(s) upon hire in accordance with CDC guidance. (This is applicable to all health care workers). A negative chest radiographic report for active tuberculosis shall be provided in cases of positive TST or IGRA results.

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

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

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

2.8.5. INFLUENZA: Contractors shall provide proof that all Contractor physicians have received the annual Influenza vaccine unless it is contraindicated. If the Contractor physician has a medical contraindication to the vaccine, they shall be required to wear a mask during the Influenza season. {This is applicable to all health care workers}.

2.8.6. COVID-19: In accordance with Lt. Col. Luke Weathers, Jr. VAMC policies.

2.8.7. OSHA REGULATION CONCERNING OCCUPATIONAL EXPOSURE TO

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

2.8.8. The facility shall notify the Contractor of any significant communicable disease exposures as appropriate. Contractor shall adhere to current CDC/HICPAC Guideline for Infection Control in health care personnel (as published in American Journal for Infection Control- AJIC 1998; 26:289-354 http://www.cdc.gov/hicpac/pdf/InfectControl98.pdf) for disease control. Contractor shall provide follow up documentation of clearance to return to the workplace prior to their return.

2.9. National Provider Identifier (NPI): NPI is a standard, unique 10-digit numeric identifier required by HIPAA. The Veterans Health Administration must use NPIs in all HIPAA-standard electronic transactions for individual (health care practitioners) and organizational entities (medical centers). The Contractor shall have or obtain appropriate NPI and if pertinent the Taxonomy Code confirmation notice issued by the Centers for Medicare and Medicaid Services (CMS) National Plan and Provider Enumeration System (NPPES) be provided to the Contracting Officer with the proposal.

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

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

2.12. Citizenship related Requirements:

2.12.1. The Contractor certifies that the Contractor shall comply with any and all legal provisions contained in the Immigration and Nationality Act of 1952, As Amended; its related laws and regulations that are enforced by Homeland Security, Immigration and Customs Enforcement and the U.S Department of Labor as these may relate to non-immigrant foreign nationals working under contract or subcontract for the Contractor while providing services to Department of Veterans Affairs patient referrals;

2.12.2. While performing services for the Department of Veterans Affairs, the Contractor shall not knowingly employ, contract, or subcontract with an illegal alien; foreign national non-immigrant who is in violation their status, as a result of their failure to maintain or comply with the terms and conditions of their admission into the United States. Additionally, the Contractor is required to comply with all “E-Verify” requirements consistent with “Executive Order 12989” and any related pertinent Amendments, as well as applicable Federal Acquisition Regulations.

2.12.3. If the Contractor fails to comply with any requirements outlined in the preceding paragraphs or its Agency regulations, the Department of Veterans Affairs may, at its discretion, require that the foreign national who failed to maintain their legal status in the United States or otherwise failed to comply with the requirements of the laws administered by Homeland Security, Immigration and Customs Enforcement and the U.S Department of Labor, shall be prohibited from working at the Contractor’s place of business that services Department of Veterans Affairs patient referrals; or other place where the Contractor provides services to veterans who have been referred by the Department of Veterans Affairs; and shall form the basis for termination of this contract for breach.

2.12.4. This certification concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under 18 U.S.C. 1001.

2.12.5. The Contractor agrees to obtain a similar certification from its subcontractors. The certification shall be made as part of the offerors response to the RFQ using the subject attachment in Section D of the solicitation document.

2.13. Annual Office of Inspector General (OIG) Statement: In accordance with HIPAA and the Balanced Budget Act (BBA) of 1977, the Department of Health and Human Services (HHS) Office of Inspector General (OIG) has established a list of parties and entities excluded from Federal health care programs. Specifically, the listed parties and entities may not receive Federal Health Care program payments due to fraud and/or abuse of the Medicare and Medicaid programs.

2.13.1. Therefore, Contractor shall review the HHS OIG List of Excluded Individuals/Entities on the HHS OIG web site at http://oig.hhs.gov/exclusions/index.asp to ensure that the proposed contract physician(s) is not listed. Contractor should note that any excluded individual or entity that submits a claim for reimbursement to a Federal health care program, or causes such a claim to be submitted, may be subject to a Civil

Monetary Penalty (CMP) for each item or service furnished during a period that the person was excluded and may also be subject to treble damages for the amount claimed for each item or service. CMP’s may also be imposed against the Contractor that employ or enter into contracts with excluded individuals to provide items or services to Federal program beneficiaries.

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

2.14. Clinical/Professional Direction: The qualifications of Contractor personnel are subject to review by VA Medical Center COS or his/her clinical designee and approval by the Medical Center Director as provided in VHA Directive 1100.20 and VHA Directive 1100.21. Clinical/Professional direction of all clinical personnel covered by this contract will be provided by the facility COS and/or the Chief of the Service or his designee. A clinical COR may be appointed, however, only the CO is authorized to consider any contract modification request and/or make changes to the contract during the administration of the resultant contract.

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

2.16. Inherent Government Functions: Contractor and Contract physician(s) and other contract provider(s) shall not perform inherently governmental functions. This includes, but is not limited to, determination of agency policy, determination of Federal program priorities for budget requests, direction and control of government employees (outside a clinical context), selection or non-selection of individuals for Federal Government employment including the interviewing of individuals for employment, approval of position descriptions and performance standards for Federal employees, approving any contractual documents, approval of Federal licensing actions and inspections, and/or determination of budget policy, guidance, and strategy.

2.17. No Employee Status: The Contractor shall be responsible for protecting Contract physician(s) and other contract provider(s) furnishing services. To carry out this responsibility, the Contractor shall provide or certify that the following is provided for all their staff providing services under the resultant contract:

2.17.1. Workers’ compensation

2.17.2. Professional liability insurance

2.17.3. Health examinations

2.17.4. Income tax withholding, and

2.17.5. Social security payments.

2.18. Tort Liability: The Federal Tort Claims Act does not cover Contractor or contract physician(s) and other contract provider(s). When a Contractor or contract physician(s) and/or other contract provider(s) has been identified as a provider in a tort claim, the Contractor shall be responsible for notifying their legal counsel and/or insurance carrier. Any settlement or judgment arising from a Contractor’s (or contract physician(s) or other contract provider(s)) action or non-action shall be the responsibility of the Contractor and/or insurance carrier.

2.19. Key Personnel:

Contractor shall provide the number of qualified staff as is necessary to perform the services required under this contract, at the staffing level determined to be professionally acceptable by the Facility Chief of Staff and in accordance with national radiation oncology practice staffing guidelines.

2.19.1. The VA Full Time Equivalency (FTE): FTE for the services required is one (1) FTE, defined as working 2,080 Hours per year.

2.19.2. The minimum number of Board-Certified Radiation Oncology physicians required to be onsite on a daily basis is one (1) as defined in paragraph Hours of Operation in this section.

2.19.3. The Contractor shall be responsible for providing coverage to the VA during periods of vacancies of the Contractor’s personnel due to sick leave, personal leave, vacations, and additional coverage as required. In the event a scheduled physician is unable to complete an assigned shift, the contractor shall provide replacement physician coverage within 2 hours and notify the Contracting Office Representative (COR) immediately of the schedule change.

2.20. Emergency Substitutions: During the first ninety (90) calendar days of performance, the Contractor shall make NO substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the CO, in writing, within 15 calendar days after the occurrence of any of these events and provide the information required below. After 90 days, the Contractor shall submit the information required below to the CO at least 15 calendar days prior to making any permanent substitutions.

2.20.1. The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the CO. Proposed substitutes shall have comparable qualifications to those of the persons being replaced. The CO will notify the Contractor within 15 calendar days after receipt of all required information of the decision on the proposed substitutes. The contract will be modified to reflect any approved changes of key personnel.

2.20.2. For temporary substitutions where the key person shall not be reporting to work for _5_ consecutive workdays or more, the Contractor shall provide a qualified replacement for the key person. The substitute shall have comparable qualifications to the key person. Any period exceeding two weeks will require the procedure as stated above.

2.20.3. The Government reserves the right to refuse acceptance of any Contractor personnel at any time after performance begins, if personal or professional conduct jeopardizes patient care or interferes with the regular and ordinary operation of the facility. Breaches of conduct include intoxication or debilitation resulting from drug use, theft, patient abuse, dereliction, or negligence in performing directed tasks, or other conduct resulting in formal complaints by patient or other staff members to designated Government representatives. Standards for conduct shall mirror those prescribed by current federal personnel regulations. Should the VA COS or designee show documented clinical problems or continual unprofessional behavior/actions with any contract physician(s), s/he may request, without cause, immediate replacement of said contract physician(s).

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

2.21. Contingency Plan: Continuity of care and uninterrupted operations of a Radiation Oncology Program are essential components of this contract and will be primary factors in Contractor’s assignment of staff and frequency of substitutions. The Contractor shall have a contingency plan in place to be utilized if the contract physician(s) and other contract provider(s) leaves Contractor’s employment or is unable to continue performance in accordance with the terms and conditions of the resulting contract.

3. VA HOURS OF OPERATION/SCHEDULING:

3.1 VA Business Hours: Normal duty hours for Radiation Oncology Department are between 7:30am to 4:00pm, Monday through Friday, except holidays. Regular business hours for the medical center are 8:00am to 4:30pm Monday through Friday, except holidays.

3.2 Work Schedule: Contractor’s physician(s) will be required to work onsite Monday thru Friday from 7:30am to 4:00pm, excluding holidays.

3.2.1 Patients must be seen by a contract physician(s) onsite at Facility in a timely manner in accordance with VA Rules and Regulations on clinic wait times and consult completion. Contractor shall notify the COR at least monthly about any obstacles to meeting this performance measure.

3.2.2 Contract Physicians shall be available and present in clinic during normal Facility clinic hours, Facility which will be established, and may be revised, as deemed appropriate for patient care by the Chief of Staff. Currently, normal clinic hours are Monday through Friday, 7:30 a.m. to 4:00 p.m.

3.2.3 Off-hours Coverage: Contractor must make a Radiation Oncologist available on-call during all hours when the Facility clinic is closed, including evenings, weekends, and holidays.

3.2.3.1 On-call contract physicians must be available at all times for phone consultations with VA residents and physicians.

3.2.3.2 Patients must be seen within 2 hours of the page when immediate evaluation or radiotherapy is medically indicated.

3.2.3.3 Contract physician(s) timesheets shall not include time for carrying the on-call pager but may include call back hours for time spent onsite and will be paid at the physician(s) hourly rate as identified in the Schedule.

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

· New Year’s Day

· Martin Luther King’s Birthday

· President’s Day

· Memorial Day

· Juneteenth

· Independence Day

· Labor Day

· Columbus Day

· Veterans Day

· Thanksgiving

· Christmas

· Any day specifically declared to be a national holiday.

3.2.5 Cancellation/Rescheduling: Unless a state of emergency has been declared, the contractor shall be responsible for providing services. In the event a machine goes down the contractor is still responsible for being present in order to coordinate the care of veterans to be sent out in the community.

4 CONTRACTOR RESPONSIBILITIES

4.1 SERVICES REQUIRED: Board Certified Radiation Oncologist to work onsite at the Memphis VA Medical Center. Physician hours for a year of service are 2,080 hours.

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

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

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

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

4.2.3 The requirements contained in this PWS.

4.3 EDUCATION AND SUPERVISION OF HEALTH PROFESSIONS TRAINEES (HPTS):

Not Applicable.

4.4 MEDICAL RECORDS

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

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

4.4.3 Disclosure: Contract physician(s) may have access to patient medical records for the purpose of providing medical care and services to VA patients and performing services under the contract; however, Contractor shall obtain permission from the VA before disclosing any patient information outside VA. VA authorizes the Contractor to discuss patient health information for coordination of care within community health care providers in compliance with VA regulations, HIPAA, and VHA Directive 1605.1, Privacy and Release of Information. The penalties and liabilities for the unauthorized disclosure of VA patient information mandated by the statutes and regulations mentioned above, apply to the Contractor.

4.4.4 Professional Standards for Documenting Care: Care shall be appropriately documented in medical records in accordance with standard commercial practice and guidelines established by VHA Directive 1907.01 Health Information Management and Health Records: https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=9235 and all guidelines provided by the facility.

4.4.5 Release of Information: The VA shall maintain control of releasing any patient medical information and will follow policies and standards as defined, but not limited to Privacy Act requirements. Contractor will not release or disclose copies of records and will refer all such requests to the Release of Information Department at the VA facility were assigned.

4.4.6 Management for Medical Records: National Archives and Records Administration record disposition requirements are found in RCS 10-1 Chapter 6, 6000 series.

4.5 Direct Patient Care: estimated 90%:

4.5.1 Board Certified Radiation Oncology Physician Services: Contractor shall provide, at a minimum, the following Radiation Oncology Physician services for Veteran patients in accordance with the terms and standards specified herein Services shall include evaluation and treatment of transported inpatient and outpatient clinical services for both palliative and curative cancer patients; follow-up, re-evaluation, and treatment visit; and perform prostate seed implants (if applicable) in the OR.

4.5.1.1 Contract Radiation Oncologist shall provide evaluation and a treatment plan; follow patients for treatment management, continuing monitoring and follow-up evaluations. Contract Radiation Oncologist shall complete any documentation associated with the treatment provided to VA patients treated by them.

4.5.1.2 Conventional Radiation Treatment: Use of the following advanced modalities: IMRT, IGRT, Stereotactic Radiosurgery, and Stereotactic Radiotherapy, shall be fully justified in accordance with the appropriateness criteria promulgated by the American College of Radiology, American Society for Radiation Oncology, and American Association for Physicist in Medicine.

4.5.1.3 Patient Consultation/Pretreatment Evaluation: A radiation therapy consultation is defined as a comprehensive patient evaluation provided at the request of the referring physician. A consultation shall consist of a meeting of the patient and a radiation oncologist within the timeframes established by VA Rules and Regulations, a history and physical examination, and a review of pertinent x-rays and laboratory results as well as the patient’s medical record.

4.5.1.3.1 Review previous history, radiographic and lab studies.

4.5.1.3.2 Order any other test required for workup; and

4.5.1.3.3 Discuss with patient and perform examination.

4.5.1.3.4 Document the evaluation in CPRS, including at least:

· Name of Attending Physician.

· Radiation treatment type (e.g., conventional, IMRT).

· Curative or palliative radiation treatment.

· Dose amount and duration of radiation treatment, and

· Discussion of evaluation with patient.

4.5.1.4 Treatment Planning: When it is determined radiation therapy is appropriate, a goal-oriented treatment plan from supporting data shall be developed by the Contract physician(s) for each patient, discuss treatment plan with patient and obtain patient’s signed consent, and made a part of the VA medical record. The treatment plan shall include the type of radiation to be administered, prescribed dose, treatment site location, Dose Volume (DV) based planning to include DV Histograms (DVH), designation of Organs at Risk (OAR) for radiation injury, DV based radiation delivery goals for each OAR.

4.5.1.4.1 Treatment plans shall be altered as necessary during the course of the patient’s treatment.

4.5.1.4.2 Contract physician(s) shall document initial consultation and full plan of care that includes name of attending physician on all clinical notes, indicate radiation treatment type (i.e., conventional, IMRT), date of simulation or procedure date, curative or palliative radiation treatment, dose amount and duration of radiation treatment and signed patient consent for treatment.

4.5.1.4.3 Treatment Management: Includes weekly examination of the patient under radiation therapy by attending physician. Weekly examination includes review of the daily and/or weekly port films by the attending physician, monitoring all therapy for side effects or complications, prescribed dose changes and other adjustment in treatment as needed, review of all cases at weekly case conferences or chart rounds and documented encounters and clinical progress notes in CPRS.

4.5.1.4.4 Prior to beginning radiation treatment, contract physician(s) shall instruct the patient and care givers on the risks involved including symptom management and symptoms requiring immediate intervention. This instruction must be documented in the medical record within 24 hours. The patient shall be given names and telephone numbers of persons to contact to report these symptoms. Informed consent shall be completed prior to implementation of initial treatments.

4.5.1.4.5 Contract physician(s) shall evaluate each patient for treatment management at a minimum of once per five treatments. These treatment management evaluations, addressing tumor response and side effects of therapy and medications prescribed, include pertinent laboratory and imaging studies. Patient’s progress shall be reported to the referring physician using the electronic medical record, Computerized Patient Record System (CPRS), to include name of attending physician, treatment date, radiation treatment type, radiation dose amount and duration of treatment, radiation treatment dose to date and remaining dose to be provided, skin check of treated area, plan of care and number of treatments left to complete.

4.5.1.4.6 Contract physician(s) shall provide the patient with written guidelines regarding their rights and responsibilities. This includes keeping the patient informed of all issues affecting care and inviting full participation in planning and implementing care. Patient expectations of contract physician(s) should also be outlined. The patient must be advised of their right to submit complaints and procedures concerning such. This instruction must be documented in the medical record within 24 hours.

4.5.1.4.7 Contract physician(s) shall maintain written policies and procedures that clearly define guidelines for protecting patients and employees from all unnecessary radiation exposure, provisions for the safe use, removal, handling and storage of radiation and other radioactive elements.

4.5.1.4.8 Contract physician(s) shall monitor all therapy for side effects or complications; prescribe dose changes as needed; and review all cases at physician conference.

4.5.1.5 Treatment Discharge: Contract physician(s) shall document treatment discharge summary…