36C25024Q0011 - RFQ - IONM Technician Services - Indianapolis.pdf

Combined Synopsis/Solicitation Notice

SUBJECT* Intraoperative Neuromonitoring (IONM) Technician Services Richard L. Roudebush VA Medical Center – Indianapolis, IN

GENERAL INFORMATION

SOLICITATION NUMBER 36C25024Q0011

RESPONSE DATE/TIME/ZONE 09/19/2023 14:00 EASTERN TIME, NEW YORK, USA

ARCHIVE 1 DAYS AFTER THE RESPONSE DATE

RECOVERY ACT FUNDS N

SET-ASIDE SDVOSB

PRODUCT SERVICE CODE Q523

NAICS CODE 621399

CONTRACTING OFFICE ADDRESS Department of Veterans Affairs

Network Contracting Office (NCO) 10 3140 Governor’s Place Blvd. Suite 210 Kettering, OH 45409-1337

POINT OF CONTACT

Jennifer Bowden, Contract Specialist 937-268-6511 x3041 | jennifer.bowden@va.gov

PLACE OF PERFORMANCE Richard L. Roudebush VA Medical Center c/o Surgery Service

1481 West 10th Street Indianapolis, IN 46202

DESCRIPTION

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

Solicitation number 36C25024Q0011 is hereby issued as a Request for Quote (RFQ). This document incorporates provisions and clauses that are in effect through Federal Acquisition Circular 2023-04 effective June 2, 2023.

The associated North American Industrial Classification System (NAICS) code for this procurement is 621399, with a small business size standard of $10 million. The LINS associated with this Combined Synopsis Solicitation are contained within the attached SF1449. For extended descriptions, characteristics, and minimum needs please refer to the attached.

Period of performance is November 28, 2023 – November 27, 2024, (base with four (4), 12-month option periods)

Evaluation Criteria is in SECTION E – FAR 52.212-2 Evaluation – Commercial Products and Commercial Services

The FAR Provision 52.212-1, Instructions to Offerors – Commercial, FAR Clause 52.212-4, Contract Terms and Conditions -- Commercial Items, and FAR Clause 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items, apply to this acquisition. Please see attached for additional applicable terms and conditions which govern this action.

Vendors shall submit their responses by the date/time advertised in block 8 of the SF1449. Late submissions shall be treated in accordance with the solicitation provision at FAR 52.212-1(f).

Quotes and questions shall only be accepted via email to the Contract Specialist at jennifer.bowden@va.gov

IMPORTANT NOTE: Electronic documents shall be submitted in .pdf, .doc, or .xls and restricted to emails of less than less than 10MB as that is maximum single email size allowable. Communication containing documents in any other format may be blocked or stripped by the Government's server and may not be received by this office. Files in .zip format or file(s) exceeding 10MB may not be received by this office. It is the contractor’s responsibility to verify that submissions are received.

mailto:jennifer.bowden@va.gov

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. UEI: EFT:

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. NOV 2021)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

36C25024Q0011 09-05-2023

Jennifer Bowden | jennifer.bowden@va.gov 937-268-6511 x3041 09-19-2023

14:00 EDT

36C250

Department of Veterans Affairs

Network Contracting Office (NCO) 10

3140 Governor’s Place Blvd. Suite 210

Kettering OH 45409-1337

X 100

X

621399

$10 Million

N/A

36C583

Department of Veterans Affairs

Richard L. Roudebush VA Medical Center

1481 West 10th Street

Indianapolis IN 46202

36C250

Department of Veterans Affairs

Network Contracting Office (NCO) 10

3140 Governors Place Blvd. Suite 210

Kettering OH 45409-1337

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center

PO Box 149971

Austin TX 78714-9971

See CONTINUATION Page

The contractor shall provide a quote for on-site Intraoperative

Neuromonitoring (IONM) Technician Services for the Richard L.

Roudebush VA Medical Center in Indianapolis, IN in accordance with the Performance Work Statement (PWS) and Price/Cost Schedule

This will be a Firm Fixed Price Contract

Period of Performance will be 11/28/2023 through 11/27/2024.

Subsequent contract will be a one (1) year base and four (4) option periods.

This acquisition will be conducted using the procedures in FAR

Part 12, Acquisition of Commercial Items, using FAR Part 13

Simplified Acquisition Procedures.

See CONTINUATION Page

X 1

Brandi Holland

CONTRACTING OFFICER

36C25024Q0011

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

B.3 PERFORMANCE WORK STATEMENT – Intraoperative Neuromonitoring Technician Services

SECTION C - CONTRACT CLAUSES

C.1 FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(DEC 2022)

C.2 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.3 FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.4 FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

C.5 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.6 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL

BUSINESSES (JAN 2023) (DEVIATION)

C.7 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR

SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION)

C.8 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

C.9 VAAR 852.237-75 KEY PERSONNEL (OCT 2019)

C.10 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

C.11 FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JUN 2023)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAR

2023)

E.2 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

E.3 FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.4 FAR 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

E.5 FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

E.6 FAR 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.7 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.8 FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (DEC 2022)

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: TBD

b. GOVERNMENT: Department of Veterans Affairs | Network Contracting Office (NCO) 10

3140 Governor’s Place Blvd. Suite 210 | Kettering OH 45409-1337

Jennifer Bowden | 937-268-6511 x3041 | jennifer.bowden@va.gov

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with 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.

5. ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the

Solicitation numbered and dated as follows:

AMENDMENT NO DATE

B.2 PRICE/COST SCHEDULE

LIN DESCRIPTION OF SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1.0 FTE Intraoperative Neuromonitoring (IONM) Technician Services

Contract Period: Base POP: 11/28/2023 thru 11/27/2024

2,080 HR ____________ ___________

1001 1.0 FTE Intraoperative Neuromonitoring (IONM) Technician Services

Contract Period: Option 1 POP: 11/28/2024 thru 11/27/2025

2,080 HR ____________ ___________

2001 1.0 FTE Intraoperative Neuromonitoring (IONM) Technician Services

Contract Period: Option 2 POP: 11/28/2025 thru 11/27/2026

2,080 HR ____________ ___________

3001 1.0 FTE Intraoperative Neuromonitoring (IONM) Technician Services

Contract Period: Option 3 POP: 11/28/2026 thru 11/27/2027

2,080 HR ____________ ___________

4001 1.0 FTE Intraoperative Neuromonitoring (IONM) Technician Services

Contract Period: Option 4 POP: 11/28/2027 thru 11/27/2028

2,080 HR ____________ ___________

GRAND TOTAL __________________

B.3 PERFORMANCE WORK STATEMENT – Intraoperative Neuromonitoring Technician Services

1. GENERAL:

1.1. Services Provided: The contractor shall provide Intraoperative Neuromonitoring Technician Services in accordance with the terms and conditions contained herein to beneficiaries of the Department of Veterans Affairs (VA) and the Richard L. Roudebush VA Medical Center, (RLRVAMC), Indianapolis, IN.

1.2. Place of Performance: Contractor shall furnish services at Richard L. Roudebush VA Medical Center, 1481 West 10th Street, Indianapolis, IN 46202.

1.3. Period of Performance:

BASE PERIOD: 11/28/2023 – 11/27/2024

OPTION PERIOD 1: 11/28/2024 – 11/27/2025

OPTION PERIOD 2: 11/28/2025 – 11/27/2026

OPTION PERIOD 3: 11/28/2026 – 11/27/2027

OPTION PERIOD 4: 11/28/2027 – 11/27/2028

1.4. Authority: Title 38 U.S.C. 8153, Health Care Resources (HCR) sharing Authority

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

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

1.5.2. VHA Directive 1003.04: VHA Patient Advocacy

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

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

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

1.5.6. VHA Directive 1100.20: Credentialing of Health Care Providers

1.5.7. VHA Directive 1100.21: Privileging

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

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

1.5.10. VHA Directive 1605.01: Privacy and Release of Information

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

1.5.12. VHA Handbook 1100.17: National Practitioner Data Bank (NPDB) Reports

1.5.13. Privacy Act of 1974 (5 U.S.C. 552a) as amended:

http://www.justice.gov/oip/foia_updates/Vol_XVII_4/page2.htm

1.5.14. Joint Commission: http://www.jointcommission.org/standards/

1.5.15. HHS OIG Website: http://oig.hhs.gov/exclusions/index.asp

1.5.16. American Journal for Infection Control - AJIC 1998; 26:289-354:

http://www.cdc.gov/hicpac/pdf/InfectControl98.pdf https://www.va.gov/vapubs/ https://www.va.gov/vhapublications/index.cfm http://www.justice.gov/oip/foia_updates/Vol_XVII_4/page2.htm http://www.jointcommission.org/standards/ http://oig.hhs.gov/exclusions/index.asp http://www.cdc.gov/hicpac/pdf/InfectControl98.pdf

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. ASET: American Society of Neurophysiological Monitoring

1.6.2. ASET: American Society of Electroneurodiagnostic Technologists

1.6.3. BLS: Basic Life Support

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. CMP: Civil Monetary Penalty

1.6.8. CMS: Centers for Medicare and Medicaid Services

1.6.9. CS: Contract Specialist

1.6.10. CO: Contracting Officer

1.6.11. COR: Contracting Officer’s Representative

1.6.12. COS: Chief of Staff

1.6.13. CPARS: Contractor Performance Assessment Reporting System

1.6.14. CPRS: Computerized Patient Recordkeeping System

1.6.15. DEA: Drug Enforcement Agency

1.6.16. ED: Emergency Department

1.6.17. EMR: Electronic Medical Record

1.6.18. FAPIIS: Federal Awardee Performance and Integrity Information System

1.6.19. FAR: Federal Acquisition Regulation

1.6.20. FPPE: Focused Provider Practice Evaluation

1.6.21. HHS: Department of Health and Human Services

1.6.22. HIPAA: Health Insurance Portability and Accountability Act

1.6.23. HR: Human Resources

1.6.24. IONM: Intraoperative Neuromonitoring

1.6.25. ISO: Information Security Officer

1.6.26. NCP: Non-Contract Provider

1.6.27. NPPES: National Plan and Provider Enumeration System

1.6.28. NSLC: Naval Seal Logistics Center

1.6.29. OIT: Office of Information and Technology

1.6.30. OPM: Office of Personnel Management

1.6.31. OPPE: Ongoing Provider Practice Evaluation

1.6.32. OR: Operating Room

1.6.33. OSHA: Occupational Safety and Health Administration

1.6.34. PPIRS: Past Performance Information Retrieval System

1.6.35. PIV: Personal Identity Verification

1.6.36. POP: Period of Performance

1.6.37. PWS: Performance Work Statement

1.6.38. QASP: Quality Assurance Surveillance Plan

1.6.39. RFQ: Request for Quote

1.6.40. VA: Department of Veterans Affairs

1.6.41. VAAR: Veterans Affairs Acquisition Regulations

1.6.42. VAMC: Veterans Affairs Medical Center

1.6.43. VHA: Veterans Health Administration

1.6.44. VISN: Veterans Integrated Services Network

1.6.45. VISTA: Veterans Integrated Systems Technology Architecture

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

2. QUALIFICATIONS:

2.1. Staff/Facility: The contractor shall provide Interoperative Neuromonitoring Technicians consisting of certified by the American Society of Neurophysiological Monitoring or the American Society of Electroneurodiagnostic Technologists.

2.2. License: All licenses held by the personnel working on this contract shall be full and unrestricted license to the services covered by this contract issued in any State, Territory, or Commonwealth of the United States or the District of Columbia. Contract personnel shall submit evidence of current, full, and unrestricted licenses, registration, certification, and/or other relevant credentials for verification prior to appointment and throughout the employment process, as requested by the COR.

Contractor is responsible for keeping the COR informed of anything that would adversely affect or otherwise limit their clinical privileges. Failure to meet this requirement may result in termination of the contract.

2.3. Technical: Provide a trained technician, equipment and all necessary accessories and supplies to include gowns for requested surgical procedures in the operating room. Perform all aspects of IONM as needed, including but not limited to the following modalities: somatosensory evoked potentials (SSEP), motor evoked potentials (MEP), electromyography (EMG), electroencephalography (EEG), cortical mapping, brain stem recordings, etc. Communicate results of monitoring in real time to operating surgeons, anesthesiologists, and other appropriate members of the surgical team in the operating room. Apply electrodes to the patient as needed for monitoring requested modalities and remove electrodes at the end of the procedure.

If applicable, assist the surgical team in explaining IONM to the patient pre-operatively. Participate in Indianapolis VAMC’s quality assurance program as required.

2.4. Credentialing and Privileging: Technologists fulfilling the conditions of the contract shall be subject to all bylaws, rules, and regulations of the VAMC. Each IONM Technician shall be credentialed and privileged prior to providing services and must be found acceptable by the Medical Executive committee and Governing Body. Credentialing and privileging are to be completed in accordance with VHA Handbook 1100.19 referenced above. The ability for an individual IONM Technologist to continue to render services under the contract shall be dependent upon demonstration of clinical competence. Clinical competency shall be assessed on an ongoing basis, is true for all IONM Technologists, and to the reported as provider specific practice information at the time or an accreditation body with equal or better standards Joint Commission.

2.4.1. If a contract personnel (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.

2.5. Technical Proficiency: Contractor personnel (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 personnel(s) and contract personnel (s) shall be responsible for abiding by the Facility's Medical Staff By-Laws, rules, and regulations (referenced herein) that govern medical staff behavior.

2.6. Training (BLS and VA Mandatory): Contractor shall meet all VA educational requirements and mandatory course requirements defined herein; all training must be completed by the Contractor’s technicians(s) as required by the VA.

Training Frequency Annual Hours

BLS Upon Contract Award & once every 2 yrs 2

Information Security & HIPPA Upon contract award 2

Rules of Behavior Upon contract award 1

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

2.7.1. Tuberculosis Testing: Contractor shall provide proof of a negative reaction to PPD testing for all contract personnel(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

2.7.2. Rubella Testing: Contractor shall provide proof of immunization for all contract personnel (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.

2.7.3. COVID-19: Contractors shall comply with VHA Supplemental Contract Requirements for Combatting COVID-19 {This is applicable to all health care workers}.

2.8. OSHA regulation concerning occupational exposure to bloodborne pathogens: Contractor shall provide generic self-study training for all contract personnel(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.

http://www.cdc.gov/hicpac/pdf/InfectControl98.pdf

2.9. Conflict of Interest: The Contractor and all contract personnel (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 852.209-70 Organizational Conflicts of Interest (OCT 2020) and fully outlined in response to the subject attachment in Section D of the solicitation document.

2.10. Citizenship related Requirements: 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; 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.

2.10.1. 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.

2.10.2. 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.

2.10.3. 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.

2.11. 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.

2.11.1. Therefore, Contractor shall review the HHS OIG List of Excluded Individuals/Entities on the HHS OIG web site referenced above to ensure that the proposed personnel 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 contracts with excluded individuals to provide items or services to Federal program beneficiaries.

2.11.2. 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.

2.12. Clinical/Professional Performance: 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 performance monitoring and review 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.

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

2.14. Indemnification: The Contractor shall be liable for, and shall indemnify and hold harmless the Government against, all actions or claims for loss of or damage to property or the injury or death of persons, arising out of or resulting from the fault, negligence, or act or omission of the Contractor, its agents, or employees.

2.15. Prohibition Against Self-Referral: Key personnel are prohibited from referring VA patients to contractor’s or their own practice(s).

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

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

2.17.1. Workers’ compensation

2.17.2. Professional liability insurance

2.17.3. Health examinations to include:

2.17.3.1. Annual TB Skin Test and recent chest X-ray if there is a history of positive TB skin test

2.17.3.2. Evidence of Hepatitis B immunity (hepatitis immune titer, if the individual has had the series of shots; if no immunity, evidence that the individual has started the Hepatitis B vaccination series

2.17.3.3. Evidence of a Hepatitis C titer

2.17.3.4. Varicella titer if contracted employee has not had chicken pox

2.17.4. Income tax withholding

2.17.5. Social security payments

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

2.19. Key Personnel: The contractor shall supply an IONM technologist as determined and as required by the Neurosurgery Surgeons.

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

(15) calendar days prior to making any permanent substitutions. The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the CO. Proposed substitutes shall have comparable qualifications to those of the persons being replaced. The CO will notify the Contractor within fifteen (15) calendar days after receipt of all required information of the decision on the proposed substitutes. The contract will be modified to reflect any approved changes of key personnel. 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 will require the procedure as stated above. 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 personnel (s), s/he may request, without cause, immediate replacement of said contract personnel (s). The CO and COR shall deal with issues raised concerning Contract personnel(s) conduct. The final arbiter on questions of acceptability is the CO.

2.21. 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 personnel (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 Operating Room Hours: 07:00 - 16:00 (EST) Monday – Friday

3.2. Scheduling: RLR VAMC will make every reasonable effort to communicate need for service to the Contractor at least 48 hours prior to a procedure. Contractor shall be expected to provide services when medical care necessity requires notice of less than 48 hours, such as emergent cases. Cases may be scheduled by RLR VAMC in a variety of ways, including by phone, e-mail or fax.

3.3. Notice and Cancellation: The RLR VAMC will provide the Contractor with at least 12 hours’ notice on cancelled cases that are considered routine cancellations. If the Contractor is informed of a cancellation less than 12 hours prior to scheduled start of procedure, the Contractor shall be limited to one (1) hour of service for billing purposes.

3.4. Off-hours Coverage: None

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

• New Year’s Day

• President’s Day

• Martin Luther King’s Birthday

• Memorial Day

• Juneteenth

• 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.

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 personnel(s) who are competent, qualified per this performance work statement and adequately trained to perform assigned duties.

Contract personnel (s) shall be responsible for signing in and out when in attendance. Time sheets will be used by the COR to confirm services provided against the contractor’s invoices. Hours on site and used for invoice submission will be rounded up to the next quarter hour for each occurrence of sign-in.

4.2. Standards of Care: The contract personnel(s)’ care shall cover the range of IONM 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 the currently recognized national standards as established by providing American Society of Neurophysiological Monitoring and American Society of Electroneurodiagnostic accredited Technologists.

5. MEDICAL RECORDS

5.1. Authorities: Contract personnel (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).

5.2. HIPAA: This contract and its requirements meet exception in 45 CFR 164.502(e), and do not require a BAA 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.

5.3. Disclosure: Contract personnel (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 Info.pdf (stlawco.gov) The penalties and liabilities for the unauthorized disclosure of VA patient information mandated by the statutes and regulations mentioned above, apply to the Contractor.

5.4. 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_ Fillable.pdf, 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 will be forwarded to the VA Privacy Officer at the following address: Richard L Roudebush VA Medical Center | 1481 West 10th St | Indianapolis, IN 46202.

5.5. Confidentiality: VA will provide the contract personnel (s) access to pertinent patient medical information, within the existing privacy rules and regulations, for the purpose of providing coordinated comprehensive primary care. Contract personnel (s) shall ensure the confidentiality of all patient information and shall be held liable in the event of the breach of confidentiality.\

5.6. Personal Identity Verification (PIV): Contract personnel (s) shall participate in computer security and documentation training as is all personnel practicing within the VA Medical Center. Contract personnel (s) shall comply with facility requirements to obtain personal security investigations, installation access and participate in the computer security and documentation training.

5.7. Direct Patient Care: 100 % of the time involved in direct patient care. The IONM Technologist’s role will be 100% to patient care related

5.8. Scope of Care: Contract personnel (s) (as appropriate and within scope of practice/privileging) shall be responsible for providing Intraoperative Services care

5.9. Scope of Service: During the Term of this Agreement, the Contractor shall provide IONM Services to at the request of the Attending Surgeon or other appropriate members of the surgical team. The http://www.rms.oit.va.gov/SOR_Records/24VA19.asp file:///C:/Users/VHAINDHODGEA1/AppData/Local/Temp/1/MicrosoftEdgeDownloads/93ffa62d-f626-47a0-a658-56de279e1d89/1907_01_D_2021-04-05.pdf https://stlawco.gov/sites/default/files/Veterans/VHA%20Handbook%201605_1%20Privacy%20and%20Release%20of%20Info.pdf https://stlawco.gov/sites/default/files/Veterans/VHA%20Handbook%201605_1%20Privacy%20and%20Release%20of%20Info.pdf http://www4.va.gov/vaforms/va/pdf/VA3288.pdf http://www4.va.gov/vaforms/va/pdf/VA3288.pdf https://vaww.va.gov/vaforms/medical/pdf/VA_Form_10-5345_%20Fillable.pdf request shall be pursuant to the written order of the Attending Surgeon. The Monitoring Services shall include neurophysiologic monitoring of the patient during the surgical procedure (Technical Services) by a qualified technician. Contractor shall coordinate provision of services with the Attending Surgeon or designee. Contractor is responsible for provision of all supplies in support of the services it provides. Contractor will complete all administrative tasks and required documentation immediately following procedure.

5.10. Patient Safety Compliance and Reporting: Contractor Technicians shall follow all established patient safety and infection control standards of care. Contractor’s technicians(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.

6. PERFORMANCE STANDARDS/QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

6.1. Contract personnel shall be subject to Quality Management measures, such as patient satisfaction surveys, timely completion of medical records, and Peer Reviews. Methods of Surveillance: FPPE and OPPE. Contractor performance will be monitored by the government using the standards as outlined in this PWS and methods of surveillance detailed in the QASP. The QASP shall be attached to the resultant contract and shall define the methods and frequency of surveillance conducted.

Contract monitoring will be accomplished through a record keeping system (attendance log) maintained by the Chief, Surgical Service to reconcile payments. Contractor’s employees shall sign in and sign out of the attendance log indicating the dates and times worked. Procedure documentation shall be maintained by the contractor and shall be signed by the contractor’s employee(s). The Chief, Cardio-Thoracic Section shall certify the actual number of procedures completed. Copies of the procedure documentation sheets shall be forwarded to the Chief, Surgical Service for review and concurrence. The Chief, Surgical Service is responsible for monitoring the professional components of the contract. All adverse actions shall be reported to the Contracting Officer immediately. The Contracting Officer and COR shall examine methodologies and quality control procedures during the contract term. All activities shall comply with Joint Commission standards and the policies and procedures of the VAMC.

6.1.1. Measure: Scope of Care

Performance Requirement: Perform within Scope of Care

Acceptable Quality Level: 100% compliance

Surveillance Method: Observation and inspection (auditing) of surgical reports by COR.

Frequency: Random

6.1.2. Measure: Patient Safety

Performance Requirement: Patient safety incidents shall be reported using Patient Safety Report. All incidents reported immediately (within 24 hours.)

Acceptable Quality Level: 100% compliance

Surveillance Method: Periodic Sampling

Frequency: Random

6.1.3. Measure: Mandatory Training

Performance Requirement: Contract technicians shall complete all required training on time per VAMC policy

Acceptable Quality Level: 95% compliance

Surveillance Method: Periodic Sampling

Frequency: Random

6.1.4. Measure: Privacy, Confidentiality and HIPAA

Performance Requirement: Contractor generated VA Patient records are the property of the

VA

Acceptable Quality Level: 100% compliance

Surveillance Method: Periodic Sampling

Frequency: Random

6.2. Registration with CPARS: As prescribed in FAR Part 42.15, the VA evaluates contractor past performance on all contracts that exceed $150,000 and shares those evaluations with other Federal Government contract specialists and procurement officials. The FAR requires that the contractor be provided an opportunity to comment on past performance evaluations prior to each report closing.

To fulfill this requirement VA uses an online database, CPARS, which is maintained by the NSLC in Portsmouth, VA. CPARS has connectivity with the PPIRS database, which is available to all Federal agencies. PPIRS is the system used to collect and retrieve performance assessment reports used in source selection determinations and completed CPARS report cards transferred to PPIRS. CPARS also includes access to the FAPIIS a web-enabled application accessed via CPARS for contractor responsibility determination information.

6.2.1. Each contractor whose contract award is estimated to exceed $150,000 is required to register with CPARS database: https://cpars.cpars.gov/cpars/app/home_input.action. Help in registering can be obtained by contacting Customer Support Desk @ DSN: 684-1690 or COMM: 207-438-1690. Registration should occur no later than thirty (30) days after contract award and must be kept current should there be any change to the contractor’s registered representative.

6.2.2. For contracts with a period of one (1) year or less, the contracting officer will perform a single evaluation when the contract is complete. For contracts exceeding one (1) year, the contracting officer will evaluate the contractor’s performance annually. Interim reports will be filed each year until the last year of the contract, when the final report will be completed.

The report shall be assigned in CPARS to the contractor’s designated representative for comment. The contractor representative will have thirty (30) days to submit any comments and re-assign the report to the VA contracting officer.

6.2.3. Failure to have a current registration in the CPARS database, or to re-assign the report to the VA contracting officer within those thirty days, will result in the Government’s evaluation being placed on file in the database with a statement that the contractor failed to respond.

7. GOVERNMENT RESPONSIBILITIES:

7.1. Contract Administration/Performance Monitoring: After award of contract, all inquiries and correspondence relative to the administration of the contract shall be addressed to:

7.2. CO/CS Responsibilities: The only person authorized to approve changes or modify any of the requirements of this contract. The Contractor shall communicate with the CO/CS on all matters pertaining to contract administration. Only the CO is authorized to make commitments or issue any modification to include (but not limited to) terms affecting price, quantity or quality of performance of this contract.

7.2.1. The CO shall resolve complaints concerning Contractor relations with the Government employees or patients. The CO is final authority on validating complaints. In the event the Contractor effects any such change at the direction of any person other than the CO without authority, no adjustment shall be made in the contract price to cover an increase in costs incurred as a result thereof.

7.2.2. If contracted services do not meet quality and/or safety expectations, the best remedy will be implemented, to include but not limited to a targeted and time limited performance improvement plan; increased monitoring of the contracted services; consultation or training for Contractor personnel to be provided by the VA; replacement of the contract personnel and/or renegotiation of the contract terms or termination of the contract.

7.3. COR Responsibilities: The COR shall be the VA official responsible for verifying contract compliance.

After contract award, any incidents of Contractor noncompliance as evidenced by the monitoring procedures shall be forwarded immediately to the Contracting Officer. The COR will be responsible for monitoring the Contractor’s performance to ensure all specifications and requirements are fulfilled. Quality Improvement data that will be collected for ongoing monitoring includes but is not limited to enter data that may be collected.

7.3.1. The COR will maintain a record-keeping system of services using the CPRS computer system (Electronic health record system used by the VA). The COR will review this data monthly when invoices are received and certify all invoices for payment by comparing the hours documented on the VA record-keeping system and those on the invoices. Any evidence of the Contractor's non-compliance as evidenced by the monitoring procedures shall be forwarded immediately to the CO.

7.3.2. The COR will review and certify monthly invoices for payment. If in the event the Contractor fails to provide the services in this contract, payments will be adjusted to compensate the Government for the difference.

7.3.3. All contract administration functions will be retained by the VA.

7.4. Monitoring/Reporting Procedures - The service to be performed by the contractor will be under the direction of the Chief, Surgical Services of the VA Medical Center.