36C25019R0051-022.docx

36C25019R0051

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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

36C25019R0051 09-24-2019 Karen Williams, Contract Specialist 614- 257-5220 10-21-2019 2:00 pm Local 36C250 Department of Veterans Affairs Network Contracting Office (NCO 10) Chalmers P. Wylie Ambulatory Care Center 420 North James Road Columbus OH 43219-1834 X 621512 $15 Million N/A X 36C541 Department of Veterans Affairs Louis Stokes VA Medical Center 10701 East Boulevard Cleveland OH 44106-1702 36C250 Department of Veterans Affairs Network Contracting Office (NCO) 10 Chalmers P. Wylie Outpatient Clinic 420 North James Road Columbus OH 43219-1834

POC:

Email:

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971 See CONTINUATION Page Provide Teleradiology Physician Services for Louis Stokes VA Medical Center in Cleveland, OH and Chalmers P. Wylie Ambulatory Care Center in Columbus, OH See Schedule of Services (page 6) and Performance Work Statement (page 9) See CONTINUATION Page X Alexander Daniel Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

(continuation from Standard Form 1449, block 18A.)

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

a. CONTRACTOR’S NAME/ADDRESS/CITY/STATE-ZIP (Please print or type):

b. GOVERNMENT:

Alexander Daniel, Contracting Officer Department of Veterans Affairs Network Contracting Office (NCO) 10 260 E. University Avenue Cincinnati, OH 45219 Phone: 513-559-3702 alexander.daniel@va.gov

Karen Williams, Contract Specialist Department of Veterans Affairs Network Contracting Office (NCO) 10

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with FAR 52.232-33, 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.

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971

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

5. POST AWARD ORIENTATION (Contract Awards Exceeding $1M): The Contracting Officer will schedule a post-award orientation conference for contract orientation purposes as required by Information Letter (IL) 003A3-12-04 (https://www.va.gov/oal/docs/library/ils/il12-04.pdf).

6. 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.

7. 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 to the contract price to cover any increase in cost incurred as a result thereof.

8. The Contracting Officer’s Representative (COR) will be responsible for the overall technical administration of this contract as outlined in the COR Delegation of Authority.

B.2 SCHEDULE OF SERVICES

The Contractor shall furnish all personnel to provide services necessary to perform Teleradiology Physician Services to eligible beneficiaries of the Department of Veterans Affairs Medical Center, Louis Stokes Cleveland VA Medical Center (LSCVAMC) Cleveland, OH and the Chalmers P. Wylie VA Ambulatory Care Center (VAACC) Columbus, OH.

Place of Performance: Services shall be provided for LSCVAMC, 10701 East Blvd., Cleveland, OH 44106 and VAACC, 420 North James Rd., Columbus, OH. The Contractor shall provide all hardware and software necessary for radiological interpretations. These resources should be in a safe, secure environment designated by the Contractor.

Period of Performance:

Base Year: Date of Award – February 29, 2021 Option Year 1: March 1, 2021- February 28, 2022 Option Year 2: March 1, 2022- February 28, 2023 Option Year 3: March 1, 2023- February 28, 2024 Option Year 4: March 1, 2024- February 28, 2025

Title 42 CFR 415.170 is a condition for payment on all per procedure contracts. The contractor shall be reimbursed on a per procedure basis, using a flat rate per Reads/Studies for each CLIN as listed in the Schedule of Supplies/Services below. Each procedure shall be billed at the given rate for its respective Read/Study CLIN. All unit costs are a firm-fixed price.

The guaranteed minimum only applies to the Federal Government Fiscal Year in which the contract is awarded. The total minimum amount, or guaranteed minimum, for the initial fiscal year in which this contract is awarded is $5,000.00. The maximum total value of the contract, inclusive of all options exercised, shall not exceed $16,500,000.00. Reimbursement will be made to the contractor by issuance of individual task orders during the life of the contract. Only the Contracting Officer is authorized to place annual task orders against this contract for teleradiology services for the specific timeframe.

Pricing Instructions:

Offerors must fill out the cells in the following columns in the Price Schedule for each Contract Line Item Number (CLIN). Fill out the proposed unit cost for each CLIN, total the annual cost for each CLIN, and fill out the total annual cost for the base year and each subsequent option year. No CLINS shall be left blank.

Base Year: Date of Award to 2/29/2021

Unit Cost Total Annual Cost

Total Annual Cost for Base Year:______________________

Option Year 1: 3/1/2021 to 2/28/2022

Unit Cost Total Annual Cost

Total Annual Cost for Option Year 1:______________________

Option Year 2: 3/1/2022 to 2/28/2023

Unit Cost Total Annual Cost

Total Annual Cost for Option Year 2:______________________

Option Year 3: 3/1/2023 to 2/28/2024

Unit Cost Total Annual Cost

Total Annual Cost for Option Year 3:______________________

Option Year 4: 3/1/2024 to 2/28/2025

Unit Cost Total Annual Cost

Total for Option Year 4:______________________

Total Cost for Base Year and All Option Years:______________________

B.3 PERFORMANCE WORK STATEMENT

Teleradiology Physician Services

1. GENERAL:

1.1. Services Provided: Seeking a teleradiology provider which provides specialty and subspecialty interpretations with diagnostic code transmission of diagnostic imaging procedures as a 24/7/365 service, to include 24/7/365 in house IT support, The Joint Commission (TJC) and ACR certified internal peer review and credentialing mechanisms, dedicated operations support staff to help communicate results to referring providers available 24/7/365 through a single telephone number, software based worklist management and a web-based access for management of image and report transmission through a connection which is MPLS capable, meets speeds at least 400 MB per second, and thus has redundancy to allow transmission of multiple studies simultaneously as well as to maintain connectivity in cases of heavy transmission traffic. Therefore, to provide essential patient care, the need exists for a Teleradiology Service that will provide interpretation of radiological examinations after hours as well as to provide as needed coverage during the standard tour of duty sufficient to support a 1a. VA facility and the Chalmers P. Wylie VA Ambulatory Care Center during times of staff shortages, staff illness, injury, and sudden staffing change and to fulfill clinical operational needs when the expertise is not available in sufficient capacity at the VA site. The worklist management software must be customizable in house and these changes implemented to address operational needs of the VA using the offeror’s in-house expertise.

1.2. Expertise provided: Based on the complexity and size of the facilities, and the scope of the work performed, the Offeror should have a sufficient number of board certified radiologists (which historically has required at least sixty) credentialed to provide teleradiology service for this contract. Within that number, the subspecialties must be represented adequately to provide this service. The large number of teleradiologists required for this contract reflects the fact that high quality teleradiology support provides specialty and sub-specialty reads within the clinical time-frame needed by veterans. Since there are numerous subspecialties in radiology, and since staffing realities must account for vacation, varying and rotating work schedules in a 24/7/365 operational environment, multiple radiologists in each specialty are required to meet the coverage demands for off hours reading and for reading during tour of duty to address operational needs of the VA. Sufficient specialty and sub-specialty coverage for 24/7/365 service during off hours must be available to provide seamless 24/7/365 coverage for those specialties relevant to off hours cases including neuroradiology, cross-sectional imaging, and general emergency radiology considering vacations, work schedules, etc. In addition, sufficient specialty and sub-specialty coverage for tour of duty coverage for those specialties relevant at a large, tertiary VA medical center and at the Chalmers P. Wylie VA Ambulatory Care Center in Columbus, Ohio must be available to include but not limited to expertise in neuroradiology, cross-sectional imaging, musculoskeletal radiology, chest and/or cardiovascular radiology, women’s imaging, nuclear medicine including PET/CT with FDG and other PET agents and MRI imaging of the body, the breasts and the heart.

1.3. Place of Performance - Contractor shall provide teleradiology services for the Louis Stokes Cleveland VA Medical Center, 10701 East Blvd., Cleveland, OH 44106 and Veteran’s Outpatient Clinic Columbus, 420 North James Rd., Columbus, OH. The Contractor shall provide all hardware and software necessary for radiological interpretations. These resources should be in a safe, secure environment designated by the Contractor.

1.4. Authority: Title 38 USC 8153, Health Care Resources (HCR) sharing Authority.

1.5. Policy/Handbooks - the contractor shall be subject to the following policies, including any subsequent updates during the period of performance:

1.5.1. - VA Directive 1663: Health Care Resources Contracting - Buying https://www1.va.gov/vapubs/viewPublication.asp?Pub_ID=969&FType=2

1.5.2. VHA Directive 2006-041 “Veterans’ Health Care Service Standards” (expired but still in effect pending revision) https://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=1443

1.5.3. - VHA Handbook 1100.17: National Practitioner Data Bank Reports - http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=2135

1.5.4. - VHA Handbook 1100.18 Reporting and Responding to State Licensing Boards - http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=1364

1.5.5. - VHA Handbook 1100.19 Credentialing and Privileging - http://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=2910

1.5.6. - VHA Handbook 1907.01 Health Information Management and Health Records: https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=3088

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. ACEP: American College of Emergency Physicians

1.6.2. ACGME: Accreditation Council for Graduate Medical Education

1.6.3. AOD: Admitting Officer of the Day

1.6.4. CDC: Centers for Disease Control and Prevention

1.6.5. CDR: Contract Discrepancy Report

1.6.6. CEU: Certified Education Unit

1.6.7. CME: Continuing Medical Education

1.6.8. CMS: Centers for Medicare and Medicaid Services

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

1.6.10. 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.

1.6.11. COS: Chief of Staff

1.6.12. CPARS: Contractor Performance Assessment Reporting System

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

1.6.14. 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.

1.6.15. DEA: Drug Enforcement Agency

1.6.16. FSMB: Federation of State Medical Boards

1.6.17. HHS: Department of Health and Human Services

1.6.18. HIPAA: Health Insurance Portability and Accountability Act

1.6.19. HR: Human Resources

1.6.20. ISO: Information Security Officer

1.6.21. MOD: Medical Officer of the Day

1.6.22. 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).

1.6.23. NPPES: National Plan and Provider Enumeration System

1.6.24. POP: Period of Performance

1.6.25. PPD: Purified Protein Derivative

1.6.26. PWS: Performance Work Statement

1.6.27. Privileging (Clinical Privileging): Privileging is the process by which a practitioner, licensed for 8independent 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.

1.6.28. QA/QI: Quality Assurance/Quality Improvement

1.6.29. QM/PI: Quality Management/Performance Improvement

1.6.30. QASP: Quality Assurance Surveillance Plan

1.6.31. 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.

1.6.32. Veterans Integrated Services Network (VISN): The regional oversight for the VA medical centers.

1.6.33. 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.

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

1.6.35. 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 Louis Stokes Cleveland VA Medical Center and Veteran’s Outpatient Clinic Columbus.

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 the state where services are being performed.

All licenses held by the personnel working on this contract shall be full and unrestricted licenses. Information on state licensing in teleradiology may be found at this site: : http://www.acr.org/Advocacy/State-Local-Relations/Legislative-Issues/Teleradiology/Teleradiology-Licensing-Requirements-by-State. 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. All continuing education courses required for maintaining certification must be kept up to date at all times. Documentation verifying current certification shall be provided by the Contractor to the VA COR on an annual basis for each year of contract performance. Radiologists reading mammograms must meet FDA’s MQSA regulations. Subspecialty radiologists must have proof of fellowship training.

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 Cleveland Professional Standards Board, Medical Executive Board and Medical Center Director. The contractor shall notify immediately the VA medical staff office of each facility and the radiology service chief of each facility if any change occurs in the certification status of the radiology providers.

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. Contract licensed independent practitioners must be credentialed and privileged through the VA facility’s Medical Staff Office in accordance with VHA Handbook 1100.19, Credentialing and Privileging.

2.1.3.3. Separately delineated privileges for telemedicine services must be requested and assigned in this process.

2.1.3.4. In general, the credentialing process should be started at least 60-90 days in advance of estimated entry on duty. The time required for this process may be expedited when patient care needs are urgent.

2.1.3.5. The VA’s Medical Staff Office or Human Resources Management Service will provide an instruction packet containing forms and a detailed listing of required documentation, including curriculum vitae, current references, signed release of information from the candidate, and statement that the candidate does not have any physical or mental health condition that would adversely affect his/her ability to carry out the assigned duties, and additional credentialing forms. The candidate will also be required to make application through the VetPro internet-based process. The candidate will need to be enrolled in VetPro by the Credentialing Coordinator at the VA or by the Human Resources Management Service designee. The website address is: http://fep.vetpro.org/ It is the Contractor’s responsibility to contact the VAMC Cleveland to request a package and instructions.

2.1.3.6. The Contractor must furnish a copy of its policy and procedures for credentialing and privileging to the Contracting Officer and COR for review to ensure these meet the VA’s requirements for establishment of competence through these mechanisms.

2.1.3.7. Any radiologist involved in a focused practice review as part of the quality control process will be temporarily excluded from reading for the VA during the process, only restored to reading for the VA when the process is successfully completed. The contractor shall notify immediately the VA medical staff office of each facility and the radiology service chief of each facility if any change occurs in the certification status of the radiology providers.

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 credentials 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 (ACLS, BLS, CPRS and VA MANDATORY): Contractor shall meet all VA educational requirements and mandatory course requirements defined herein but not limited to; all training must be completed by the contract physician (s) as required by the VA.

2.1.7. Standard Personnel Testing/Infection Control: Contractor shall provide statement that all required infection control testing is current and that the contractor is compliant with OSHA regulations concerning occupational exposure to blood borne pathogens. The Contractor shall also notify the VA of any significant communicable disease exposures and the VA will also notify the contractor of the same, 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. Tests shall be current within the past year.

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

2.1.9. 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 proposal and during the entirety of contract performance. At the time of proposal, the Contractor shall provide a statement which describes, in a concise manner, all relevant facts concerning any past, present, or currently planned interest (financial, contractual, organizational, or otherwise) or actual or potential organizational conflicts of interest relating to the services to be provided. The Contractor shall also provide statements containing the same information for any identified consultants or subcontractors who shall provide services. The Contractor must also provide relevant facts that show how it’s organizational and/or management system or other actions would avoid or mitigate any actual or potential organizational conflicts of interest. These statements shall be in response to the VAAR provision 852.209-70 Organizational Conflicts of Interest (Jan 2008) and fully outlined in response to the subject attachment in Section D of the solicitation document.

2.1.10. Citizenship related Requirements:

2.1.10.1. 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;

2.1.10.2. 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.

2.1.10.3. 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.

2.1.10.4. 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.

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

2.1.11. 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.

2.1.11.1. Therefore, Contractor shall review the HHS OIG List of Excluded Individuals/Entities on the HHS OIG web site at http://oig.hhs.gov/exclusions/index.asp to ensure that the proposed contract physician (s) 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.

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

2.2. 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 for quality purposes will 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, but is not limited to, determination of agency policy, determination of Federal program priorities for budget requests, direction and control of government employees (outside a clinical context), selection or non-selection of individuals for Federal Government employment including the interviewing of individuals for employment, approval of position descriptions and performance standards for Federal employees, approving any contractual documents, approval of Federal licensing actions and inspections, and/or determination of budget policy, guidance, and strategy.

2.5. 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:

2.5.1. Workers’ compensation

2.5.2. Professional liability insurance

2.5.3. Health examinations

2.5.4. Income tax withholding, and

2.5.5. 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.

3. HOURS OF OPERATION:

3.1. Services are required 24/7/365 and shall be provided by the Contractor as requested, primarily after hours, weekends, and Government holidays; other times will be considered on an as needed basis. All services provided for after hour, weekend and holiday interpretations will be considered emergent in nature and interpretation shall begin immediately upon receipt of images.

3.1.1. Standard business hours of coverage are Monday through Friday, 8:00 a.m. to 4:30 p.m., local hospital time, including all Government Holidays.

3.1.2. Evening hours of coverage are Monday through Friday, 4:30 p.m. to 8:00a.m., local hospital time, including all Government Holidays.

3.1.3. Weekend hours of coverage are the same as listed above, including all Government Holidays.

3.1.4. New Year’s Day, Martin Luther King’s Day, President’s Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Christmas Day, and Any day declared to be a national holdiday by Federal Law, Executive Order, or Presidential Proclamation.

3.2. Continuity of services under contact: Contractor must provide continuity of services until a new contract is put in place.

3.2.1. Unless a state of emergency has been declared or services are otherwise cancelled by the VAMC, the Contractor shall be responsible for providing services.

3.2.2. The contractor is responsible for providing qualified personnel to read diagnostic studies. The VA must be informed at least 48 hours in advance if there will be a significant change in change in an individual radiologist’s credentialing status, such as loss or failure to renew license. The vendor’s credentialing team must ensure that the vendor’s radiologists complete the TMS (Talent Management System) education requirements, provide fingerprints to the VA for security clearances, and maintain credentials sufficient to maintain a license in the state and to practice radiology. The contractor must meet standards for Joint Commission and ACR accreditation, as shown by holding that accreditation.

3.2.3. The contractor shall maintain open and professional communication with members of the VISN and Facility Diagnostic Imaging staff. The contractor shall provide up-to-date points of contact to facilitate communication on clinical, technical and administrative issues. On-call VA clinical staff will be available by phone and pager 24/7/365. The Contractor will provide an operations contact 24/7/365 with telephone numbers to facilitate communication and consultation by VA technologists and referring physicians with the contractor’s radiology team. The contractor will provide a FAX number for the transmission of radiographic orders and the transmission of reports to the VA to use as a backup system in the event of PowerScribe server failure.

3.2.4. The Contractor shall provide a single phone number with a list of individuals who could be contacted to immediately resolve any difficulties experienced during the hours of teleradiology services and STAT studies after hours. The COR will assure up-to-date rosters of staff are provided to the Contractor.

3.2.5. Tele-Communications

3.2.5.1. The contractor will secure and maintain the communications link between the contractor’s facility and the VAMCs’ facilities at the contractor’s expense. These expenses may be included in contractor’s proposal as a separate item. The cost to establish and maintain this communication link may be provided if the Government deems it is more cost effective to the Government.

3.2.5.2. The contractor shall make provisions for the proper maintenance and functioning of all imaging, teleradiology and associated equipment, facilities and fixtures as may reasonably be required by Contract Physicians to perform services hereunder.

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.

4.2. Management and Supervision:

4.2.1. The Contractor shall be responsible for supervising the daily services provided under this contract by the Contractor’s staff.

4.2.2. The Contractor shall have written policies and procedures regarding staff credentials and privileging.

4.2.3. The VAMC will provide to 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 and when policy procedures or process changes.

4.2.4. 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.

4.3. Standards of Care: The contract physician (s)’ care shall cover the range of Radiology 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 national standards as established by:

4.3.1. The American College of Radiology Guidelines: http://www.acr.org/~/media/ACR/Documents/PGTS/toc.pdf

4.3.2. ACR Practice Parameter for Communication of Diagnostic Imaging Findings http://www.acr.org/~/media/C5D1443C9EA4424AA12477D1AD1D927D.pdf

4.3.3. VA Standards: The contractor shall provide timely interpretations on all the above listed modalities. Turn-around times are defined by the exam type and begins at the time of transmission of the case from the VAMC to the contractor for interpretation. Turnaround times are listed below based on the nature of the exam and the required response time of the contractor.

4.3.3.1. Stroke protocol CT exam guarantee turnaround time: Final read within one half hour with telephone communication of findings as soon as possible after the send of the images and order.

4.3.3.2. STAT exam guarantee turnaround time: Read within one (1) hour

4.3.3.3. Urgent exam guarantee turnaround time: Read within two (2) hours

4.3.3.4. Routine exam guarantee turnaround time: Read within six (6) hours

4.3.4. VHA Directive 2006-041 “Veterans’ Health Care Service Standards” (expired but still in effect pending revision) https://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=1443

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

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

4.3.7. The requirements contained in this PWS

4.4. MEDICAL RECORDS:

4.4.1. Authorities: Contract physician (s) providing healthcare services to VA patients shall be considered as part of the Department Healthcare Activity and shall comply with the 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).

4.4.2. HIPAA: This contract and its requirements meet exception in 45 CFR 164.502(e), and do not require a BAA in order for Covered Entity to disclose Protected Health Information to: a health care provider for treatment. Based on this exception, a BAA is not required for this contract. 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.

4.4.3.

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 VA will provide the Contractor with a copy of VHA Handbook 1907.1, Health Information management and Health Records and VHA Handbook 1605.1, Privacy and Release of Information. The penalties and liabilities for the unauthorized disclosure of VA patient information mandated by the statutes and regulations mentioned above, apply to the Contractor.

4.4.4. Professional Standards for Documenting Care: Care shall be appropriately documented in medical records in accordance with standard commercial practice and guidelines established by VHA Handbook 1907.01 Health Information Management and Health Records: http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=2791 and all guidelines provided by the VAMC.

4.4.4.1. All film interpretations will either meet or exceed established VISN standards of timeliness, accuracy, content and signature. Only VAMC approved abbreviations will be used for documentation of the patient health record. All imaging exam interpretations shall either meet or exceed established standards of timeliness, accuracy, content, and signature. Only medical abbreviations from The Joint Commission’s National Patient Safety Goals, current edition, will be used for documentation of the patient health record. Those abbreviations not acceptable to conform with the TJC directives are included in Section D. See attachment D.3 Abreviations and Symbols.

4.4.4.2. Interpretations shall include the following information:

patient’s full name, SSN, date of birth, clinical history, exam case number (accession number), date of interpretation, requesting physician, exam type, interpretation, and signature of contract radiologist providing interpretation.

4.4.4.3 Each VAMC will provide necessary procedures for reports to be reviewed, edited (if required), and for electronic signature approval by the Contractor. Contractor will provide interpretation per routine exam to the respective VAMC within 24 hours after receipt of images. Contractor will not be held responsible for late reports caused by delays in the respective transcription service system. All exam study interpretation reports shall be dictated into the designated VAMC system and verified in the VISN Vista dictation system. Non-routine and emergency exams will be handled on a case-by-case basis, but all emergency exams will take precedence over all routine exams.

4.4.5. Release of Information: The VA shall maintain control of releasing any patient medical information and will follow policies and standards as defined, but not limited to Privacy Act requirements. 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 use 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.