36C25019Q0835-001.docx

36C25019Q0835

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

36C25019Q0835 04-21-2020 Williams, Karen

(614) 257-5220

05-12-2020

15:00 ET

Department of Veterans Affairs Network Contracting Office 10 8888 Keystone Crossing Suite 1100 Indianapolis IN 46240

X

561320 $30 Million

N/A

Department of Veterans Affairs Battle Creek VA Medical Center

5500 Armstrong Rd Battle Creek MI 49037

Department of Veterans Affairs Network Contracting Office 10 8888 Keystone Crossing Suite 1100 Indianapolis IN 46240

Department of Veterans Affairs Financial Management System P O Box 149971 Austin, TX 78714-9971 512-242-7300 N/A

See CONTINUATION Page Contractor shall provide 4.0 FTE On-Site Psychiatry Physician Services for the Battle Creek VA Medical Center in accordance with the Performance Work Statement for the period of one (1) base year, effective July 1, 2020 through June 31, 2021, with three (3) option years exercisable at the Government's discretion.

See CONTINUATION Page one

Karen Williams Contracting Officer

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. CONTRACT ADMINISTRATION: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR: _____________________________

DUNS# _____________________

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with: 52.23233, Payment by Electronic Funds Transfer – System for Award Management

3. INVOICES: Invoices shall be submitted in arrears: Monthly

4. GOVERNMENT INVOICE ADDRESS: All invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72, Electronic Submission of Payment Requests. Invoicing shall be in accordance with the requirements of the Department of Veterans Affairs (VA) Financial Services Center (VAFSC). The latest information shall be used for invoicing and payments and may change during the period of performance of this acquisition. Current Invoicing information is located at: http://www.fsc.va.gov/einvoice.asp.

All invoices shall include the following:

· Invoice Number

· Invoice Date

· Purchase Order Number (will always begin with 515)

5. CHANGES/MODIFICATIONS TO THE CONTRACT: The Contracting Officer will be the only person authorized to approve changes or modify any of the requirements under this resultant 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, delivery or quality of performance of this resultant 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 cost incurred as a result thereof.

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

7. SECURE FAX: In accordance with VA Handbook 6500, the following statement is required on all fax cover sheets; if it is determined the ordering process will include a fax: “This fax is intended only for the use of the person or office to which it is addressed and may contain information that is privileged, confidential or protected by law. All others are hereby notified that the receipt of this fax does not waive any applicable privilege or exemption for disclosure and that any dissemination, distribution or copying of this communication is prohibited. If you have received this fax in error, please notify this office immediately at the telephone number listed above.”

8. System for Award Management: Federal Acquisition Regulation requires contractor registration in the System for Award Management (SAM) database prior to the award of a contract. Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at https://www.sam.gov/portal/public/SAM/.

9. Post Award Orientation: The Contracting Officer will schedule a post award orientation for contract orientation purposes as required by Procurement Policy Memorandum (PPM) 2019- 01. https://www.va.gov/oal/docs/business/pps/ppm201901.pdf

B.2 PRICE SCHEDULE

Contractor shall provide four (4.0) FTE, Board Certified or Board eligible Psychiatrist on site in accordance with the specifications contained herein to beneficiaries of the Department of Veterans Affairs (VA) and the Battle Creek VAMC located at 5500 Armstrong Rd, Battle Creek, MI 49037 for the period of one (1) base year, effective July 1, 2020 through June 31, 2021, with three (3) option years, exercisable at the Government’s discretion

The guaranteed minimum only applies to the Federal Government Fiscal Year in which the contract is awarded. The total minimum amount, or “guaranteed minimum” of this contract is $10,000.00. The minimum guaranteed amount shall be expended in the initial fiscal year in which this contract is awarded. The maximum total value of the contract, inclusive of the base year and all options exercised, shall not exceed $7,000,000.00. The Government does not guarantee that it will place any orders under this contract in excess of the guaranteed minimum award amount. Individual task orders will be funded annually by the Contracting Officer and issued to the contractor.

**Line items are all inclusive of services, travel, housing, airfare, AOPD hourly rates, and on-call pager hour rates and shall be priced as such**

Base year: July 1, 2020 through June 31, 2021

IAW Performance Work Statement Estimated Cost Base Year $____________

Option Year One (1): July 1, 2021 through June 31, 2022

IAW Performance Work Statement Estimated Cost Option Year One $____________

Option Year Two (2): July 1, 2022 through June 31, 2023

IAW Performance Work Statement Estimated Cost Option Year Two: $____________

Option Year Three (3): July 1, 2023 through June 31, 2024

IAW Performance Work Statement Estimated Cost Option Year Three: $____________

Base plus All Option Years (if exercised) Total $_____________

B.3 PERFORMANCE WORK STATEMENT

1. GENERAL:

1.1. Services Provided: The Contractor shall provide four (4.0) FTE, Board Certified or Board eligible Psychiatrist on site in accordance with the specifications contained herein to beneficiaries of the Department of Veterans Affairs (VA) and the Battle Creek VA Medical Center (BCVAMC).

1.1.1. The services specified in this contract shall only be changed by written modification. The modification shall be prepared by the VA Contracting Officer and signed by both parties prior to becoming effective.

1.2. Place of Performance: Battle Creek VA Medical Center 5500 Armstrong Rd., Battle Creek, MI. 49037.

1.3. Term of Contract: This contract is effective one (1) year from the effective date of contract award, with three (3) one-year option periods, which shall be exercised at the sole discretion of the Government. The VA anticipates a single award of an Indefinite Delivery- Indefinite Quantity (IDIQ), Firm Fixed Price (FFP) contract. The contract is subject to the availability of VA funds and the needs of the medical center.

1.4. Authority: In accordance with FAR Parts 12 and 13.

1.5. Policy/Handbooks: The Contractor is required to meet VHA performance and quality criteria and standards listed within this Performance Work Statement (PWS). Performance and quality standards may change during the contract. New or revised quality/performance criteria or standards will be provided to the Contractor before implementation date and throughout the life of the contract through written modifications, as applicable. Copies of current VA and VHA publications can be located at http://www.va.gov/vhapublications/ or at http://www.va.gov/vapubs/. Compliance with mandated performance is required as a condition of this contract. The following Policies, Handbooks, and Directives are applicable to this contract:

1.5.1. VA Directive 1663: Health Care Resources Contracting – Buying

1.5.2. VHA Directive 2006-041 “Veterans Health Care Service Standards” (Expired but still in effect pending (revision) – See Section D for Attachment

1.5.3. VHA Handbook 1100.17: National Practitioner Data Bank Reports

1.5.4. VHA Handbook 1100.18 Reporting and Responding To State Licensing Boards

1.5.5. VHA Handbook 1100.19 Credentialing and Privileging

1.5.6. VHA Handbook 1907.01 Health Information Management and Health Records

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

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

1.6.1. ABIM: American Board of Internal Medicine www.abim.org

1.6.2. ACGME: Accreditation Council for Graduate Medical Education

1.6.3. ACLS: Advanced Cardiac Life Support

1.6.4. ACOS: Associate Chief of Staff

1.6.5. AOD: Admitting Officer of the Day

1.6.6. APOD: Assistant Psychiatric Officer of the Day

1.6.7. BCVAMC: Battle Creek VA Medical Center

1.6.8. BLS: Basic Life Support

1.6.9. CCNE: Commission on Collegiate Nursing Education: www.aacn.nche.edu/accreditation

1.6.10. CDC: Centers for Disease Control and Prevention

1.6.11. CDR: Contract Discrepancy Report

1.6.12. CEU: Certified Education Unit

1.6.13. CME: Continuing Medical Education

1.6.14. CMS: Centers for Medicare and Medicaid Services

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

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

1.6.17. COS: Chief of Staff

1.6.18. CPARS: Contractor Performance Assessment Reporting System

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

1.6.20. DEA: Drug Enforcement Agency

1.6.21. ED: Emergency Department

1.6.22. FSMB: Federation of State Medical Boards

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

1.6.24. HHS: Department of Health and Human Services

1.6.25. HIPAA: Health Insurance Portability and Accountability Act

1.6.26. HR: Human Resources

1.6.27. ISO: Information Security Officer

1.6.28. Medical Emergency - a sudden onset of a medical condition manifesting itself by acute symptoms of sufficient severity that the absence of immediate medical attention could reasonably result in: Permanently placing a patient's health in jeopardy, causing other serious medical consequences, causing impairments to body functions, or causing serious or permanent dysfunction of any body-organ or part.

1.6.29. POD: Psychiatry Officer of the Day

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

1.6.31. NLNAC: National League for Nursing Accrediting Commission. www.nlnac.org

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

1.6.33. NP: Nurse Practitioner

1.6.34. NPPES: National Plan and Provider Enumeration System

1.6.35. PA: Physician Assistant

1.6.36. PALS: Pediatric Advanced Life Support

1.6.37. POP: Period of Performance

1.6.38. PPD: Purified Protein Derivative

1.6.39. PWS: Performance Work Statement

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

1.6.41. QASP: Quality Assurance Surveillance Plan

1.6.42. Veterans Health Administration (VHA): The central office for administration of the VA medical centers through throughout the United States. The VHA is located in Washington, D.C.

1.6.43. Veterans Integrated Services Network (VISN): The regional oversight for the VA medical centers in Michigan and Indiana.

1.6.44. VISTA (Veterans Integrated Systems Technology Architecture): A PC based system that will capture and store clinical imagery, scanned documents and other non-textual data files and integrates them into patient’s medical record and with the hospital information system.

1.6.45. VA EHR: VA Electronic Health Record

1.6.46. VetPro: a federal web-based credentialing program for healthcare providers.

1.6.47. Veterans Affairs Medical Center (VAMC): Unless identified with the name of a different VA medical Center, for purposes of this contract, this term shall mean the Battle Creek VA Medical Center.

2. QUALIFICATIONS:

2.1. Staff/Facility

2.1.1. 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 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.

2.1.2. Board Certification: All contract physician(s) shall be board certified or board eligible in psychiatry and be currently certified in Basic Life Support (BLS) or equivalency. All continuing education courses required for maintaining certification shall 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.

2.1.3. Credentialing and Privileging: Credentialing and privileging is to be done in accordance with the provisions of VHA Handbook 1100.19 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 VAMC Battle Creek Professional Standards Board, Medical Executive Board and Medical Center Director.

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

2.1.3.2. VETPRO: Registration into the Veterans Health Administration credentialing software is required.

2.1.4. Technical Proficiency: Contract physician(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 shall provide verifiable evidence of all educational and training experiences including any gaps in educational history for all contract physician(s) and contract physician (s) shall be responsible for abiding by the Facility's Medical Staff By-Laws, rules, and regulations (referenced herein) that govern medical staff behavior.

2.1.5. Continuing Medical Education (CME)/ Certified Education Unit (CEU) Requirements: Contractor shall provide the COR copies of current CMEs as required or requested by the VAMC. Contract physician (s) registered or certified by national/medical associations shall continue to meet the minimum standards for CME to remain current. Contractor shall report CME hours to the credentialing office for tracking. These documents are required for both privileging and re-privileging. Failure to provide shall result in loss of privileges for contract physician(s).

2.1.6. Training (BLS, VA EHR and VA MANDATORY): Contractor shall meet all VA educational requirements and mandatory course requirements defined herein; all training shall be completed by the contract physician (s) as required by the VA. BCVAMC staff shall provide orientation and training to new contract physician staff members. Normally, the orientation shall be accomplished at the earliest possible date, prior to the first day of scheduled duty. All contracted providers shall complete applicable TMS modules, training and orientation prior to providing any services at BCVAMC. Payment for orientation and training shall be at regular hourly rate. Maximum of 6 hours provided for training/orientation.

2.1.7. Standard Personnel Testing (PPD, etc.): Contractor shall provide proof of the following tests 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.

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

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

2.1.7.3. OSHA REGULATION CONCERNING OCCUPATIONAL EXPOSURE TO BLOODBORNE PATHOGENS: Contractor shall provide generic self-study training for all contract physician(s); 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. The VAMC 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.

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

2.1.9. DEA: Contractor shall provide copy of current DEA certificate as part of the onboarding/credentialing process. Contractor shall provide DEA certificate to Credentialing upon service’s approval of Physician.

2.1.10. Conflict of Interest: The Contractor and all contract physician(s) are responsible for identifying and communicating to the CO and COR conflicts of interest at the time of quote and during the entirety of contract performance. The monitoring and reviewing of conflict of interest responsibilities shall be maintained by the COR and supervising physician/Chief of Psychiatry. At the time of quote, the Contractor shall provide a statement which describes, in a concise manner, all relevant facts concerning any past, present, or currently planned interest (financial, contractual, organizational, or otherwise) or actual or potential organizational conflicts of interest relating to the services to be provided. The Contractor shall also provide statements containing the same information for any identified consultants or subcontractors who shall provide services. The Contractor shall also provide relevant facts that show how it’s organizational and/or management system or other actions would avoid or mitigate any actual or potential organizational conflicts of interest. These statements shall be in response to the VAAR provision 852.209-70 Organizational Conflicts of Interest (Jan 2008).

2.1.11. Citizenship related Requirements:

2.1.11.1. 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;

2.1.11.2. 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.

2.1.11.3. 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.

2.1.11.4. 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.

2.1.11.5. The Contractor agrees to obtain a similar certification from its subcontractors. The certification shall be made as part of the offeror’s response to the RFQ.

2.1.12. 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.

2.1.12.1. 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 physicians (s) are not listed. Contractor should note that any excluded individual or entity that submits a claim for reimbursement to a Federal health care program, or causes such a claim to be submitted, may be subject to a Civil Monetary Penalty (CMP) for each item or service furnished during a period that the person was excluded and may also be subject to treble damages for the amount claimed for each item or service. CMP’s may also be imposed against the Contractor that employ or enter into contracts with excluded individuals to provide items or services to Federal program beneficiaries.

2.1.12.2. By submitting their offer, 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.

2.2. 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 Handbook 1100.19. Clinical/Professional direction of all clinical personnel covered by this contract shall be provided by the VAMC COS and/or the Chief of the Service or his designee. A clinical COR may be appointed, however, only the CO is authorized to consider any contract modification request and/or make changes to the contract during the administration of the resultant contract.

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

2.4. Inherent Government Functions: Contractor and Contract physician (s) shall not perform inherently governmental functions. This includes, 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.

2.5. No Employee status: The Contractor shall be responsible for protecting Contract physician (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:

· Workers’ compensation

· Professional liability insurance

· Health examinations

· Income tax withholding, and

· Social security payments

2.6. Tort Liability: The Federal Tort Claims Act does not cover Contractor or contract physician(s). When a Contractor or contract physician(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)) action or non-action shall be the responsibility of the Contractor and/or insurance carrier.

2.7. 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 30 calendar days prior to 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 30 calendar days prior to making any permanent substitutions.

2.7.1. 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 shall notify the Contractor within 15 calendar days after receipt of all required information of the decision on the proposed substitutes. The contract shall be modified to reflect any approved changes of key personnel.

2.7.2. For temporary substitutions where the key person shall not be reporting to work for three (3) 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 shall require the procedure as stated above.

2.7.3. 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).

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

2.8. Contingency Plan: Because continuity of care is an essential part of VAMC’s medical services, The Contractor shall have a contingency plan in place to be utilized if the contract physician (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: Monday through Friday 8:00 am to 4:30pm

3.2. The services covered by this contract shall be furnished by the contractor as defined herein. The contractor shall not be required to provide services on federal holidays.

3.3. Work Schedule: 8:00am to 4:30pm, and extended hours on Wednesday evening and Saturday’s once every six weeks. Contract physician shall work efficiently to complete all tasks prior whenever possible, prior to the end of the normal eight-hour workday. However, the contract physician is expected to remain on duty until the last patient has been seen. Approval for work beyond end of normal workday that shall result in an overtime charge shall be approved by the Chief, Psychiatry Service or designee PRIOR to performing the work unless the work involves a medical emergency. Methods to obtain approval can be as simple as sending a skype/IM message, email, or phone call and can be done at any point up to 4:30pm.

3.3.1. Patients shall be seen by a contract physician (s) on-site at Battle Creek Medical Center 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.

3.3.2. Contract Physicians shall be available and present in assigned area during normal clinic hours, which shall be established, and may be revised, as deemed appropriate for patient care by the Chief of Staff. Currently, normal clinic hours are 8:00am to 4:30pm.

3.3.3. Off-hours Coverage: Contract psychiatrists shall enter into an equal rotation with existing employee psychiatrists for on call coverage.

3.3.4. APOD Duties: Provide Psychiatry coverage to the Inpatient Mental Health Unit, Psychiatric consultation to the Medical Center, evaluate veterans in need of mental health care in the Urgent Care setting, and process needs including possible admissions, respond to Psychiatric emergencies and provide triage reviews of outside facilities requesting transfer to Battle Creek VAMC Mental Health Inpatient Mental Health unit.

3.3.4.1. Frequency of APOD Duties: Up to three (3) days monthly – weekdays and up to 1 weekend monthly.

3.3.4.2. Weekdays: APOD duties on weekdays include providing in-house services from 7am to 6pm. After 6pm, the APOD is relieved of in-house duties and transitioned to back-up pager call to the POD and is not required to work in-house unless in the event of an unforeseen critical staff shortages, then APOD duties extend to stay overnight in-house until 7am the following day.

3.3.4.3. Weekends: APOD duties on weekends include being available by pager the entirety of the shift (Saturday/Sunday 7am-7am). The duties extend to provide in-house coverage in the event of critical shortages, APOD duties extend to stay overnight in-house until 8am the following day.

3.3.5. Triage Duties: Provide Psychiatric review/clinical review of outside hospitals/Emergency Room’s requests for possible admission to Battle Creek VAMC Inpatient Mental Health. This is done over the phone in conference with external provider and internal Battle Creek Transfer Coordinator during normal business hours or after hours when serving as APOD with collaboration with NOD.

3.4. Federal Holidays: Contract psychiatrists shall not be required work as APOD on 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

· Independence Day

· Labor Day

· Columbus Day

· Veterans Day

· Thanksgiving

· Christmas

· Any day specifically declared by the President of the United States to be a national holiday.

3.5. Cancellations: In the event of a last-minute cancellation, the Contractor shall notify the Psych OD of cancellation by phone as soon as possible.

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

4. CONTRACTOR RESPONSIBILITIES:

4.1. Clinical Personnel Required: The Contractor shall provide contract physician (s) who are competent, qualified per this performance work statement and adequately trained to perform assigned duties.

4.1.1. Contract physician (s) shall be responsible for signing in and out when in attendance. Time sheets shall be used by the COR to confirm hours/day and services provided against the contractor’s invoices. Failure to sign in/out by contractor personnel may result in non-payment for the associated invoiced hours.

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

4.2.1. American Psychiatric Association (APA) practice guidelines: http://psychiatryonline.org/guidelines

4.2.2. VA Standards: VHA Directive 2006-041 “Veterans’ Health Care Service Standards” (expired but still in effect pending revision) – See Section D for Attachment

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

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

4.2.5. The requirements contained in this PWS

4.3. Medical Records

4.3.1. 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 U.S.C.551a (Privacy Act), 38 U.S.C. 5701 (Confidentiality of claimants records), 5 U.S.C. 552 (FOIA), 38 U.S.C. 5705 (Confidentiality of Medical Quality Assurance Records) 38 U.S.C. 7332 (Confidentiality of certain medical records), Title 5 U.S.C. § 522a (Records Maintained on Individuals) as well as 45 C.F.R. Parts 160, 162, and 164 (HIPAA).

4.3.2. HIPAA: This contract and its requirements meet exception in 45 CFR 164.502(e), and do not require a BAA in order for Covered Entity to disclose Protected Health Information to: a health care provider for treatment. Based on this exception, a BAA is not required for this contract. Treatment and administrative patient records generated by this contract or provided to the Contractors by the VA are covered by the VA system of records entitled ‘Patient Medical Records-VA’ (24VA19). Contractor generated VA Patient records are the property of the VA and shall not be accessed, released, transferred, or destroyed except in accordance with applicable laws and regulations. Contractor shall ensure that all records pertaining to medical care and services are available for immediate transmission when requested by the VA. Records identified for review, audit, or evaluation by VA representatives and authorized federal and state officials, shall be accessed on-site during normal business hours or mailed by the Contractor at his expense. Contractor shall deliver all final patient records, correspondence, and notes to the VA within twenty-one (21) calendar days after the contract expiration date.

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

4.3.4. Professional Standards for Documenting Care: Care shall be appropriately documented in medical records in accordance with standard commercial practice and guidelines established by VHA Handbook 1907.01 Health Information Management and Health Records and all guidelines provided by the VAMC.

4.3.5. Release of Information: The VA shall maintain control of releasing any patient medical information and shall follow policies and standards as defined, but not limited to Privacy Act requirements. In the case of the VA authorizing the Contractor to release patient information, the Contractor in compliance with VA regulations, and at his/her own expense, shall VA Form 3288, Request for and Consent to Release of Information from Individual’s Records to process “Release of Information Requests.” In addition, the Contractor shall be responsible for locating and forwarding records not kept at their facility. The VA’s Release of Information Section shall provide the Contractor with assistance in completing forms. Additionally, the Contractor shall use VA Form 10-5345, Request for and Authorization to Release Medical Records or Health Information when releasing records protected by 38 U.S.C. 7332. Treatment and release records shall include the patient’s consent form. Completed Release of Information requests shall be forwarded to the VA Privacy Officer at the following address: Privacy Officer 5500 Armstrong Rd., Battle Creek, MI. 49037.

4.4. Direct Patient Care: 100% of the time involved in direct patient care, which includes team meetings/huddles, mandatory training, appropriate QA/QI documents, etc.

4.4.1. Per the qualification section of this PWS, the Contractor shall provide the following staff:

4.4.1.1. Board Certified or Board Eligible Psychiatrist

4.4.2. Scope of Care: Contract physician(s) (as appropriate and within scope of practice/privileging) shall be responsible for providing Psychiatry care and includes: Physical Assessment, Psychiatric Evaluations and Mental Status Exams, Psychotherapy, Pharmacotherapy, Consultation, Clinical Supervision, General Medical Condition Care, Group Psychotherapy, Behavior Therapy, Family Therapy, Treatment Team meetings, Discharge Planning, referring patients to specialty care, histories and physicals, order prescriptions, labs, x-rays, and other pertinent tests, completes documentation requirements in a timely manner as per policy, completion of consults on other inpatient locations at the facility, and occasionally evaluates outpatients for medication. Contracted psychiatrists shall have an active and valid DEA license and shall have the ability to prescribe Buprenorphine and Clozapine.

4.4.2.1. QA/QI Documentation: The contract physician (s) shall complete the appropriate QM/PI documentation pertaining to all procedures, complications and outcome of examinations.

4.4.2.2. Patient Safety Compliance and Reporting: Contract physician(s) shall follow all established patient safety and infection control standards of care. Contract physician(s) shall make every effort to prevent medication errors, falls, and patient injury caused by acts of commission or omission in the delivery of care. All events related to patient injury, medication errors, and other breeches of patient safety shall be reported to the COR VA Safety Policy. As soon as practicable (but within 24 hours) Contractors shall notify COR of incident and submit to the COR the Patient Safety Report, following up with COR as required or requested.

4.4.3. Provide inpatient/outpatient, Urgent Care, APOD, psychiatric services to new (to the VA system) and established patients. In general, the inpatient care includes acute, rehabilitative and long-term treatment as well as comprehensive psychiatric services to eligible Veterans and outpatient care diagnosis mental disorders, medication evaluation and management, conducts psychiatric assessments, treats mental disorders through a variety of modalities and provides adjunctive intervention for treatment of medical disorders. All Contract physicians performing services for the Contractor under this contract shall be board eligible or board certified in psychiatry with a full and unrestricted license in any State, Territory, or Commonwealth of the United States or the District of Columbia. Individual qualifications shall also be subject to review, by the VA Chief of Staff and his/her designee. All physicians shall possess and maintain American Heart Association Basic Cardiac Life Support Healthcare Provider certification. All physicians shall have basic computer skills.

4.4.4. See approximately 10-13 scheduled established outpatients per day and all unscheduled patients that walk-in if they are assigned to the cohort of patients the contract physician is covering. A lighter schedule is permitted for the first week. After that, the contract physician shall be expected to get up to speed and keep pace within an 8-hour workday. New patient appointments are 60-minutes and established patients are 30-minutes.