36C24926Q0309.docx

Sources Sought Notice Sources Sought Notice 36C24926Q0309

GENERAL INFORMATION

SET-ASIDE

Network Contracting Office 9 (90C)

NCO 9

1639 Medical Center Parkway, Suite 204 Murfreesboro TN 37129

POINT OF CONTACT*

Contract Specialist Christina Curley christina.curley@va.gov No phone calls accepted

PLACE OF PERFORMANCE

1030 Jefferson Avenue

Memphis TN

COUNTRY

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

DESCRIPTION

Sources Sought Notice – Lab Services for Memphis VAMC This is a Sources Sought Notice. 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) Memphis VAMC has a need for the following lab services:

· One (1)-Cytopreparation Technician

· One (1)-ASCP/AMT Certified Medical Technologist

· One (1)-Pathologists Assistant

· Eleven (11)-Phelebotomists, Medical Technicians

· One (1)-Medical Transcriptionist Purpose and Objectives: Your responses to the information requested will assist the Government in determining the appropriate acquisition method.

Projected NAICS Code: 621511 and sized standard is $41.5 Million.

NOTE: Respondent claiming SDVOSB and VOSB status must be registered and verified in SBA Cert. Additionally, all Offerors responding to a solicitation must have an active registration in the System for Award Management (SAM) at the time of quote submission.

Anticipated Period of Performance: Services are needed October 1, 2026.

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 $41.5 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 are a Small Business, are you able to comply with FAR 52.219-14 Limitations on Subcontracting? [ ] yes [ ] no

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

[ ] yes [ ] no

3. Have you provided Lab Services to a Federal Agency in the past? If so, please list experience.

4. Do you have employees who are available to provide these services? Please provide details, to include how many available providers, their location, etc.

5. How long would it take to procure and/or assemble the necessary equipment needed to meet this requirement after award?

6. 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 Christina Curley (christina.curley@va.gov) with the subject line "Sources Sought Notice: Lab Services by 10:00am CT on July 17, 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).

General Information

Classification

Description This Request for Information (RFI) / Sources Sought (SS) Notice is for market research, information, and planning purposes only and shall not be construed as a solicitation or as an obligation on the part of VA or the Memphis VA Medical Center. This is NOT a solicitation for proposals, proposal abstracts or quotations. The purpose is to obtain information regarding the availability and capability of all qualified sources to perform a potential requirement.

This is a new requirement for Lab Services. Services are to be provided at the Memphis VAMC. Please see SOW for more details.

A period is being given to respond to potential contractor questions. If you are interested and have questions, please submit your questions via e-mail to christina.curley@va.gov by 10:00 am on July 15, 2026. Questions will be answered via an amendment to this Sources Sought Notice.

B.3 STATEMENT OF WORK (SOW)-LABORATORY STAFFING

1. ADMINISTRATIVE:

A. Services Required:

The Lt. Col. Luke Weathers, Jr. VA Medical Center (VAMC 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.

B. Place of Performance: VA Medical Center Memphis, 1030 Jefferson Avenue, Memphis, TN 38104.

C. Authority: Title 38 USC 8153, Health Care Resources Sharing Authority, to include FAR Part 12 in combination with VAAR 873.

D. Delivery: These positions are needed for a base year of October 1, 2026 thru September 30, 2027, and based on continuing need, four (4) option years 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

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

F. Policy and Regulation: Laboratory staffing shall comply with all applicable policies and regulations, including but not limited to, the following:

VA Directive 1663: Health Care Resources Contracting - Buying http:www1.va.govvapubsviewPublication.asp?PubID=347

Privacy Act of 1974 (5 U.S.C. 552a) as amended http:www.justice.govoipfoia updates Nol XVII 4page2.htm

G. Definitions and Acronym:

1.28 7 ASCP-BOR American Society of Clinical Pathology

2. KEY PERSONNEL AND TEMPORARY EMERGENCY SUBSTITUTIONS:

A. The contractor shall provide to the VAMC Memphis the following key personnel:

One (1)-Cytopreparation Technician One (1)-ASCP/AMT Certified Medical Technologist One (1)-Pathologists Assistant Eleven (11)-Phelebotomists, Medical Technicians One (1)-Medical Transcriptionist

B. The contractor shall provide services on an as needed basis. The contractor will be provided with a thirty (30) day advance notice by VAMC Memphis 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 VAMC Memphis Chief of P&LMS will have final technical and administrative direction over all services provided.

C. 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.

D. 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.

E. 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.

F. 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.

3. TOURS OF DUTY

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

B. The contractor shall be required to furnish services on Federal Holidays, as scheduled and required.

C. Overtime will not be paid for lunch breaks not taken and only in emergency situations with proper approval from program coordinator designee. Any overtime shall be approved by the VA designee PRIOR to any overtime being worked.

D. Tours will be a maximum of eight (8) hours and may vary. No double tours or sequential tours will be permitted.

E. Contractors may be required to work off tours as well as rotating weekends.

4. WORK HOURS

A. The services covered by this contract shall be furnished by the Contractor as defined herein.

B. The following terms have the following meanings:

Normal working hours: Monday through Sunday, 7:30 a.m. – 4:00 pm., 3:30 p.m.- 12 a.m., 11:30 p.m. – 7:00 a.m., excluding Federal holidays.

Off Duty Hours: Hours other than those described above.

Federal Holidays: The eleven (11) holidays observed by the Federal Government are:

· New Year's Day

· Martin Luther King Day

· President's Day

· Memorial Day

· Juneteenth

· Independence Day

· Labor Day

· Columbus Day

· Veterans Day

· Thanksgiving

· Christmas

Any other day specifically declared by the President of the United States to be a federal holiday. When one of the holidays falls on Sunday, the following Monday shall be observed as a Federal Holiday. When a holiday falls on a Saturday, the preceding Friday shall be observed as a Federal Holiday.

5. DESCRIPTION OF DUTIES

A. 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 VAMC Memphis and to outside Community Based Outpatient Clinic( 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.

B. 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.

C. The Medical Technicians (Phlebotomist) can be assigned to work in the sections of P&LMS, 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 P&LMS and patient data.

D. 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: (1) Preparation, gross description, and dissection of human tissue surgical specimens; (2) Preparation of human postmortem examinations; (3) Instruction of anatomy and physiology, gross pathology, photography, and gross dissection skills for surgical specimens as well as autopsy techniques; (4) Training of pathology residents/fellows, pathologists’ assistant students and other pathology lab personnel (as needed); (5) Research, procurement of samples for bio-specimen banking; (6) Performance of administrative, teaching, and other such duties as may be appropriate and assigned; (7) Examine, identify lesions, sample, freeze, section and prepare stained slides to pathologist examination during intraoperative consultations; (8) Responsible for supervising all anatomic pathology gross workflow and work areas including the frozen section room, frozen equipment and autopsy suite.

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

F. 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. QUALIFICATIONS

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

B. 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). 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.

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

D. 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.

7. EVALUATION CRITERIA

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

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

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

8. 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.

9. ORIENTATION

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

B. Included in the orientation will be:

· Infection Control Policy - Standard Precautions

· Laboratory Safety

· Blood Borne Pathogen Training

· Personal Protective Equipment (PPE) training

· Document Standards for the Clinical Record

· Smoking Regulations

· Patient, Visitor, and Employee Safely

· Nursing Employees Response in Emergency Situations

· Rules of Behavior, Customer Service

C. Each Contractor employee will be expected to review the documents and sign the agreement indicating 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.

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

10. DOCUMENTATION REQUIRMENTS

A. Documents required 30 days prior to start of contract work are:

· Current resume with detail of length and type of experience

· Copy (both sides) of current Basic Life Support (AHA or equivalent) and provide evidence to ensure it is always current

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

· 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.

· Record of current Hepatitis B vaccination or declination form.

B. The following can be accomplished at Orientation:

· Compliance and Business Integrity

· VHA Information Security

· VHA Privacy Training.

11. TERM OF CONTRACT

A. The base year of the contract is effective October 1, 2026 thru September 30, 2027 and four (4) option periods. 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. The Contractor shall perform no services after September 30th until the Contracting Officer authorizes such services in writing.

B. The Contracting Officer will be the only person authorized to approve changes or modify any of the requirements under this contract. The Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer will be authorized to make commitments or issue changes that affect price, quantity, or quality of performance of this contract. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change shall be considered unauthorized by the local VAMC and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.

C. The COR will be responsible for the overall technical administration of this contract as outlined in the COR Delegation of Authority.

12. SPECIAL CONTRACT REQUIREMENTS

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

A. The services specified in Supplies/Services, Specifications/Work Statement and Special Contract Requirements may only be changed by written modification to this contract by the VA Contracting Officer.

B. Other necessary personnel for the operation of the services contracted for the VA will be provided by the VA at levels mutually agreed upon which are compatible with the safety of the patient and personnel and with quality medical care programming.

C. The services to be performed by the contractor will be performed in accordance with VA policies and procedures and the regulations of the medical staff bylaws of the facility.

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

*Proposals that do not contain the required licensing/certifications at the time of offers due shall automatically be rendered technically unacceptable and will not be eligible for award.

14. CONTRACTING WITH PARTIES LISTED ON THE OIG LIST OF EXCLUDED INDIVIDUALS AND ENTITIES

A. In accordance with The Health Insurance Portability and Accountability Act (HIPAA) and the Balanced Budget Act (BBA) of 1977, the Office of Inspector General 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 payments due to fraud and/or abuse of the Medicare and Medicaid programs.

B. Therefore, all Offerors shall review the OIG List of Excluded Individuals/Entities on the OIG web site at www.hhs.gov019 to ensure that the proposed candidate(s) and/or firm(s) are not listed. Offerors 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 minimum and maximum Civil Monetary Penalty (CMP) for each item or service furnished during a period that the person or entity 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 health care providers and entities that employ or enter contracts with excluded individuals or entities to provide items or services to Federal program beneficiaries.

C. By signing the offer the Contractor certifies that heshe has reviewed the OIG List of Excluded Individuals/Entities and that the proposed candidate(s) and/or firm are not listed as of the date the offer was signed.

15. TORT CLAIMS

Contractor’s employees are not covered by the Federal Tort Claims Act. When a contract employee has been identified in a tort claim, the contract employee is responsible for notifying the contractor’s legal counsel and/or insurance carrier. Any settlement or judgment arising from a contractor employee's action or non-action is the responsibility of the Contractor and/or Contractor’s insurance carrier.

16. 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 to Contractor’s Employees:

· Workers' Compensation Insurance

· Professional Liability Insurance

· Health Examinations

· Income Tax Withholding

· Social Security Payments

B. The parties agree that the contractor, its employees, agents and shall not be considered VA employees for any purpose.

C. In order to provide a continuity of patient care to VA beneficiaries, the contractor shall provide designated contractors to perform the requirements of the contract.

D. Because continuity of care is an essential part of VAMC’s medical services, the contractor shall have a contingency plan in place for maintaining Key Personnel due to circumstances such as turnover, illness, unavailability or is unavailable to perform in accordance with the terms or conditions of the resulting contract.

E. Taking of Photographs/Videos are prohibited while on VA premises.

17. 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 VAMC Memphis. 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.

18. KEYS

Contractors are not permitted to have keys issued to them at the Memphis VAMC. Keys will not be issued to contractors under any circumstances.

19. NO SMOKING POLICY

The policy of VAMC Memphis 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 VAMC Memphis 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). VAMC Memphis is smoke free, in accordance with VHA Directive 1085.01, dated August 8, 2019, all VAMC Memphis 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 VAMC Memphis grounds.

20. PAYMENT

A. Payment to the contractor shall be made monthly in arrears, upon receipt of a properly prepared invoice. Payment for services will be at the rates specified in the Schedule of Supplies/Services.

B. Payment for any leave, including sick leave, holiday, or vacation time, shall be the responsibility of the Contractor. If one of Contractor’s employees tests positive for Co-vid, the VA will not pay for sick time or time off. VA will pay for actual hours worked.

NOTE: Invoices for payment may be rejected if all information required by FAR Clause 52.212- 4(g) is not included. Invoices without the required information will be returned.

21. BILLING

A. Billings rendered by the Contractor to the VAMC for services furnished to a VAMC beneficiary under the terms of this contract shall be billings in full. All invoices shall be submitted electronically.

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

B. Invoice requirements and supporting documentation: Supporting documentation and invoices must be submitted no later than the 10th workday of the following month in which services were rendered. Subsequent changes or corrections shall be submitted by separate invoice. In addition to information required for submission of a “proper” invoice in accordance with FAR 52.212-4(g) all invoices must include:

· Name and Address of Contractor

· Invoice Date and Invoice Number

· Contractor Number and Purchase/Task Order Number

· Date of Service

· Name of Contractor’s Employee

· Hourly Rate

· Quantity of hours worked

· Total Price

C. Vendor Electronic Invoice Submission Method: Invoices will be electronically submitted to the Tungsten website at https://www.tungstenautomation.com/. Tungsten Automation direct vendor support number is 877-489-6135 for VA contracts. The VA-FSC pays all associated transaction fees for VA orders. During Implementation (technical set-up) Tungsten Automation will confirm your Taxpayer ID Number with the VA-FSC. This process can take up to 5 business days to complete to ensure your invoice is automatically routed to your Certifying Official for approval and payment. To successfully submit an invoice to VA-FSC please review “How to Create an Invoice” within the how to guides. All invoices submitted through Tungsten Automation to the VA-FSC should mirror the current submission of Invoice. Clarification of additional requirements should be confirmed with your Certifying Official (your CO or buyer). Payment will only be made for actual services rendered. Payments shall be made monthly in arrears. The VA-FSC requires specific information in compliance with the Prompt Pay Act and Business Requirements. The contractor shall be reimbursed upon receipt of a proper invoice. For additional information, please contact:

Tungsten Support Phone: 1-877-489-6135 Website: https://www.tungstenautomation.com/

Department of Veterans Affairs Financial Service Center https://www.fsc.va.gov/einvoice.asp

D. Documentation of services performed shall be reviewed prior to certifying payment. The Contractor’s employees shall be present at the VAMC and shall be performing the required services as specified in the contract to receive reimbursement. The VAMC shall pay for services performed and in strict accordance with the Schedule of Services and Price Schedule above. Contract monitoring and record-keeping procedures should be sufficient to ensure proper payment and allow audit verification that services were provided.

E. Should the VAMC, in case of emergency, require services to be performed by the Contractor’s employees during non-work hours or on a Federal holiday as described above, the VAMC shall be responsible for payment to the Contractor upon receipt of a properly completed invoice that includes prior authorization for the work.

22. MANAGEMENT AND SUPERVISION

A. The contractor shall be responsible for supervising the daily services provided under this agreement by the contractor staff.

B. The contractor shall have written policies and procedures regarding staff credentials.

C. The VAMC will provide the Contractor policies, procedures and processes necessary to allow cooperative functioning between the agency and VAMC. Updates and refreshers will be provided to the Contractor upon request when policy procedures or process changes.

D. The Contractor shall complete background investigations to ensure that employees do not have a record of criminal offenses or substantiated incidents of patient abuse; and, if required to perform their duties, employees are properly licensed and insured to operate motor vehicles.

23. MONITORING AND RECORD KEEPING

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 services 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 VAMC Memphis. 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.

C. 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.

D. 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.

E. 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.

F. No VA data shall be removed, copied or faxed outside of the VAMC Memphis environment.

G. 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.

24. CONTRACT PERFORMANCE MONITORING

A. Contracting Officer (CO) - The CO shall ensure performance of all necessary actions for effective contracting, ensure compliance with the contract terms, and shall safeguard the interests of the United States in the contractual relationship. The CO shall also ensure that the contractor receives impartial, fair, and equitable treatment under this contract.

B. The contractor is responsible for performance of ALL terms and conditions of the contract. CORs will provide contract progress reports quarterly to the CO reflecting performance on this plan and all other aspects of the resultant contract. The performance standards outlined in this QASP shall be used to determine the level of contractor performance in the elements defined. Performance standards define desired services. The Government performs surveillance to determine the level of Contractor performance to these standards.

C. Contracting Officer's Representative (COR) - The COR is responsible for technical administration of the contract and shall ensure proper Government surveillance of the contractor's performance. The COR shall keep a quality assurance file. The COR is not empowered to make any contractual commitments or to authorize any contractual changes on the Government's behalf.

D. The COR will furnish a statement in writing to the Contracting Officer at close out of the contract to include a summary of the Contractor’ actions and a statement that all requirements of the contract were fulfilled as agreed.

E. A summary evaluation of Contactor performance, based upon the compliance of contract requirements as evidenced in the monitoring procedures, will be forwarded by the monitoring official to the Contracting Officer prior to exercising any options to extend the contract.

25. 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).

26. QUALITY ASSURANCE

A. The contractor shall provide accreditations that meet or exceed the standards set by the Joint Commission on Accreditation of Health Care Organizations (JCAHO). The contractor shall adhere to Veterans Health Administration (VHA) regulations and the policies, procedures, and regulations of the Medical Staff bylaws of the VAMC Memphis.

B. The Department of Veterans Affairs is allowed, according to Public Law 99-272 and 101-508, to seek reimbursement from health insurance carriers for the cost of medical care and treatment provided to Veterans for their non-service-connected conditions. The Contractor may not bill any Veteran or their health insurance carrier for care provided to a Veteran while employed by or working under contract with the Department of Veterans Affairs.

C. The Contractor, upon request, shall provide quality data and information related to services provided and participate in the VAMC Memphis’ 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.

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 REPREENTATIVE (COR)

Will be provided at contract award.

29. INFECTION CONTROL REQUIREMENTS

The contractor shall provide proof of the following tests within five (5) calendar days after contract award and prior to the first duty shift for each of Contractor’s employees to the COR. Tests shall be current within the past year.

1) Tuberculosis Testing: the contractor shall provide proof of a negative reaction to Purified Protein Derivative (PPD) testing. A negative chest radiographic report for active tuberculosis shall be provided in cases of positive PPD results. The PPD test shall be repeated annually.

2) Rubella Testing: The contractor shall provide proof of immunity for measles, mumps, rubella.

3) Varicella-Contractor shall provide proof of immunity.

4) Acellular Pertussis-Contractor shall provide proof of 1 dose of Tdap vaccination.

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

6) The VAMC shall notify the Nursing Assistant and contractor of any significant communicable disease exposures as appropriate. The Contractor shall adhere to current Centers for Disease Control/Healthcare Infection Control Practices Advisory Committee (CDCHICPAC) Guideline for Infection Control in health care personnel (AJIC 1998; 26:289-354) for disease control. The Nursing Assistant shall provide follow-up documentation of clearance to return to the workplace prior to their return.

7) Influenza Vaccination: the contractor shall provide proof that the Certified Nursing Assistant has a current influenza vaccination in compliance with VHA Directive 1192.01 Seasonal Influenza Prevention Program. The Contractor is responsible for submitting legal documentation of the date the influence vaccination was given or documentation listed in VHA Directive 1192.01. The influence vaccine is required yearly during flu season.

30. ADP SECURITY RESPONSIBILITIES

A. In performance of official duties, the Contractor’s employee(s) have regular access to printed and electronic files containing sensitive data, which must be protected under the provisions of the Privacy Act of 1974 (5 U.S.C. 552a), and other applicable laws, Federal Regulations, Veterans Affairs statutes and policies. The Contractor is responsible for:

· Protecting that data from unauthorized release or from loss, alteration, or unauthorized deletion.

· Follow all applicable regulations and instructions regarding access to computerized files, release of access codes, etc., as set out in a computer access agreement which the Contractor’s employee(s)’ signs.

31. COMPUTERIZED PATIENT MEDICAL RECORD SYSTEM

A. Contract employee (s) shall document shall be responsible for documenting procedures/services provided in Computerized Patient Record System (CPRS). This information will be used by the COR to confirm services provided by contract staff.

B. Contract employee (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).

32. CONFIDENTIALITY OF PATIENT RECORDS

A. The Contractor’s employees shall 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. The Contractor is a Healthcare Provider for purposes of the Privacy Act, Title 5 U.S.C. 552a. Further, for the purpose of VA records access and patient confidentiality. Contractor, as a Healthcare Provider, is responsible to comply with for the following provisions:

· Title 38 -U.S.C. 5701, 5705, and 7362. Therefore, Contractor’s employees 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 and Contractor’s employees are 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.

B. 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 Claimants Records), 5 U.S.C. 552 (Freedom of Information Act (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.

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

In accordance with 45 CFR 164.502(e), the Privacy Rule includes exceptions to the Business Associate standard. This contract and its requirements meet the following exceptions and do not require a Business Associate agreement for Covered Entity to disclose Protected Health Information to a health care provider for treatments. Based on this exception, a Business Associate agreement is not required for this contract. The Contractor must adhere to all VA security policies and applicable confidentiality statutes, include 38 U.S.C. 5701, 38 U.S.C. 5705, 38 U.S.C. 7332, 5 U.S.C. 552a (Privacy Act), as well as 45 U.S.C. Parts 160, 162 and 164 (Health Insurance Portability and Accountability Act).

34. REQUIRED REGISTRATION WITH CONTRACTOR PERFORMANCE ASSESSMENT SYSTEM (CPARS)

A. As prescribed in Federal Acquisition Regulation (FAR) Part 42.15, the Department of Veterans Affairs (VA) evaluates the Contractor’s past performance on all contracts that exceed $100,000.00 and shares that evaluation with other Federal Government contract specialists and procurement officials. The FAR requires that the Contractor be provided with an opportunity to comment on past performance evaluations prior to each report closing. To fulfill this requirement, VA uses an online database, CPARS, which is maintained by the Naval Sea Logistics Center in Portsmouth, New Hampshire. CPARS has connectivity with the Past Performance Information Retrieval System (PPIRS) database, which is available to all Federal agencies.