36C25219Q0732-001.docx

36C25219Q0732

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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

36C25219Q0732 08-13-2019 Becky Cincotta 414-844-4822 08-23-2019 36C252 Department of Veterans Affairs Great Lakes Acquisition Center (GLAC) 115 S 84th Street, Suite 101 Milwaukee WI 53214-1476 X 621492 $38.5 Million N/A X 36C556 Captain James A. Lovell Federal Health Care Center (FHCC) 3001 Green Bay Road North Chicago IL 60064 36C252 Department of Veterans Affairs Great Lakes Acquisition Center (GLAC) 115 S 84th Street, Suite 101 Milwaukee WI 53214-1476

Department of Veterans Affairs Financial Services Center PO Box 149971 Austin TX 78714-9971 877-353-9791 512-460-5540 Contractor to provide inpatient hemodialysis services for the FHCC in accordance with the specifications, terms, and conditions contained herein.

X X

BECKY CINCOTTA

Contracting Officer

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B1. CONTRACT ADMINISTRATION DATA

1. Contract administration matters will be handled by:

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

Point of Contact/Title: _______________________________________________ Telephone Number: _________________________________________________ Fax Number: ______________________________________________________ Email: ____________________________________________________________ DUNS Number: __________________________________________________

Past Performance Point of Contact for CPARS (Contractor Performance Assessment Reporting System) include name and email address: _________________________________________________

b. GOVERNMENT:

Becky Cincotta, Contracting Officer Department of Veterans Affairs Great Lakes Acquisition Center 115 S. 84th Street, Suite 101 Milwaukee, WI 53214-1476 T: 414-844-4822, F: 414-844-4888

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with Federal Acquisition Regulation (FAR) Clause 52.232-33, Payment by Electronic Funds Transfer--System for Award Contract Management (31 U.S.C. 3332).

3. INVOICES: Payments shall be made monthly in arrears upon receipt of a properly prepared invoice. In order to comply with the Improper Payment Elimination and Recovery Act of 2010 (IPERA), the VA has mandated electronic invoice submission to the Veterans Affairs Financial Services Center (VAFSC). VAFSC has partnered with Tungsten Network, for submissions of all electronic invoices to VA. Tungsten Network electronic invoicing is free to all VA vendors. In order to submit electronic invoices, all VA vendors must register with Tungsten Network by submitting an email to VA.Registration@tunsten-network.com or calling 1-877-752-0900 option 2 for Enrollment.

All invoices shall reference the vendor name and address, customer name, contract number, appropriate obligation/funding order number, description of services provided, quantity, unit price, and total invoice amount. Invoices shall also include any payment discount terms.

The Contractor shall prepare and submit two (2) monthly invoices by the tenth (10th) of the following month services were performed as follows:

· One electronic invoice for all services performed (excluding patient information) to the Veterans Affairs Financial Services Center (VAFSC) e-Invoice through the website at https://portal.tungsten-network.com/Login.aspx. For questions regarding the submission of VA electronic invoices, Tungsten Network customer service may be contacted at 1-877-489-6135.

· One detailed invoice (including patient information) to the Contracting Officer’s Representative. These invoices may either be submitted via secure fax or secure email.

For questions regarding invoice receipt or payment, please call VAFSC directly at 1-877-353-9791.

4. ACRONYMS: The following is a list of acronyms for quick reference that are used in this solicitation.

AAMI: American Association of Medical Instruments ACLS: Advanced Cardiac Life Support ANACI: Access National Agency Check with written Inquiries ASR: Annotated Security Review A&A: Assessment and Authorization BAA: Business Associate Agreement BLS: Basic Life Support C&A: Certification and Accreditation CDC: Center for Disease Control CLIN: Contract Line Item Number CO: Contracting Officer COR: Contracting Officer’s Representative CPARS: Contractor Performance Assessment Reporting System CPRS: Computerized Patient Record System CR: Continuing Resolution CSCA: Contractor Security Control Assessment CV: Curriculum Vitae DIACAP: Defense Information Assurance Certification & Accreditation Process DOL: Department of Labor eQIP: Electronic Questionnaires for Investigation Process FAR: Federal Acquisition Regulation FHCC: Federal Health Care Center HICPAC: Healthcare Infection Control Practices Advisory Committee HIPAA: Health Insurance Portability and Accountability Act of 1996 IPERA: Improper Elimination and Recovery Act of 2010 ISD: Information Security Department MOU-ISA: Memorandum of Understanding – Interconnection Security Agreement NARA: National Archive and Records Administration OPM: Office of Personnel Management PIV: Personal Identity Verification PKI: Public Key Infrastructure PWS: Performance Work Statement QA: Quality Assurance

TJC: The Joint Commission VA: Veterans Affairs (or Department of Veterans Affairs) VHA: Veterans Health Administration VPN: Virtual Private Network

5. SUBCONTRACTOR USE: All specifications, terms, conditions, clauses, and provisions contained in this solicitation will apply to any other individual/entity performing services on behalf of the prime contractor. It is the responsibility of the prime contractor to ensure all subcontractors comply with the requirements herein and perform services in accordance with industry standards. A subcontracting plan is required in accordance with Federal Acquisition Regulation 19. The VA’s current departmental goals are shown in the table below:

[End of Contract Administration Data]

B2. SCHEDULE OF SERVICES

AUTHORITY: This procurement will be conducted pursuant to FAR 13.5 Simplified Procedures for Certain Commercial Items. As such, the Government will utilize simplified procedures for soliciting competition, evaluation, award documentation, and notification.

PURPOSE: Contractor shall provide inpatient hemodialysis services for the Captain James A. Lovell Federal Health Care Center (FHCC), 3001 Green Bay Road, North Chicago, IL 60064, in accordance with the specifications, terms, conditions, and prices listed herein. The period of performance for this contract is September 1, 2019 through August 31, 2024.

GOVERNMENT’S MINIMUM & MAXIMUM: The awarded contract will be a firm-fixed (unit) price, indefinite delivery, indefinite quantity contract. The FHCC attempts to be as accurate as possible when providing estimated quantities; however, actual quantities may vary from quantities listed in the Price Schedule. The Government’s guaranteed minimum for this contract is $40,000. The Government’s ceiling amount for this contract is $3,250,000.

PRICE SCHEDULE: Contractor shall complete the Price Schedule with an all-inclusive unit price per treatment (including all technical support, labor, equipment, supplies, and maintenance and repair of contractor furnished equipment required to perform services as defined herein) for all contract line item numbers (CLINS) in each ordering period.

ORDERING: The FHCC staff Nephrologists are the only individuals authorized to order services under this contract.

A. Ordering Year 1: September 1, 2019 through August 31, 2020

A4. Estimated Ordering Year 1 Total Price

B. Ordering Year 2: September 1, 2020 through August 31, 2021

B4. Estimated Ordering Year 2 Total Price

C. Ordering Year 3: September 1, 2021 through August 31, 2022

C4. Estimated Ordering Year 3 Total Price

D. Ordering Year 4: September 1, 2022 through August 31, 2023

D4. Estimated Ordering Year 4 Total Price

E. Ordering Year 5: September 1, 2023 through August 31, 2024

E4. Estimated Ordering Year 5 Total Price

Estimated Total Contract Value $_____________________

B.3. PERFORMANCE WORK STATEMENT

1. GENERAL:

Contractor shall provide inpatient hemodialysis treatments for acutely ill inpatients at the FHCC, located at 3001 Green Bay Road, North Chicago, IL, 60064, at the request of FHCC Staff Nephrologists. Contractor shall provide technical support, personnel, equipment and supplies for hemodialysis treatment services as necessary. The contractor shall be available 24/7/365 to provide services to FHCC inpatients on an “as needed” basis. Contractor employees shall not provide concurrent on-call duties for any other medical facility while on-call for the FHCC.

The typical hemodialysis treatment session requested by the FHCC will be up to 4 hours; however, some treatments may require a longer duration. Additionally, when hemodialysis services occur in the hemodialysis room during weekends or on Federal holidays, contractor shall send two hemodialysis nurses or a hemodialysis nurse and an Acute Patient Care Technician (Hemodialysis Technician).

The FHCC Dialysis Department’s normal business hours are 7:00 a.m. through 6:00 p.m., Monday through Friday. Required response times are contingent upon the urgency of the need as determined by the ordering nephrologist and are listed below.

· Emergency/STAT services: the contractor shall report to the FHCC within two (2) hours after notification and begin hemodialysis treatment services within four (4) hours.

· Non-emergent treatments: the contractor shall report to the FHCC during normal business hours and begin hemodialysis treatment services within thirty-six (36) hours after notification.

Prior to performing services at the FHCC, all new contracted staff providing service at FHCC shall attend a one-hour orientation including environment of care, safety, infection control, and other applicable policies.

Contractor shall also provide technical expertise in maintaining the FHCC supply water system in compliance with AAMI water standards to include performing monthly bacteriological sampling, monthly microbiologic testing, and per procedure chlorine sampling. Contractor shall provide water and dialysate quality reports to the FHCC infection control department no later than the 30th day of each month. Contractor shall have no more than two consecutive negative outcomes episodes in a six-month period.

2. TREATMENT SERVICES:

The hemodialysis nurse shall be responsible for the provision of the ordered services to include set-up, safety checks of the equipment and water treatment system, initiating treatment, assessing the patient during treatment, termination of treatment, and cleaning of dialysis equipment after each use.

The hemodialysis nurse or technician will obtain patient service orders and pertinent lab information from CPRS. Contractor staff shall properly operate the dialysis machine, have knowledge of alarms and appropriate responses, and shall exercise universal precautions while preforming treatments on patients.

The contractor staff shall properly verify, administer, and upon completion of the treatment, document all patient dialysis medications as well as complete treatment notes in CPRS. All treatment notes must be signed off by the contract RN within 48 hours after treatment.

3. EQUIPMENT AND SUPPLIES:

Contractor: Contractor shall provide hemodialysis equipment, blood tubing, fistula needles, water processor, dialyzer and concentrate and any other supplies required to provide acute hemodialysis services in accordance with TJC.

Contractor is responsible for the cleanliness, repairs, upkeep, maintenance and servicing of equipment after each use to ensure maximum operability. Contractor is also responsible for the proper storage of equipment and supplies in the location(s) provided by FHCC. Contractor shall ensure all chemicals are marked, dated, and properly stored. Furthermore, inventory checks of its supplies for expired or recalled items shall be performed. Contractor shall be responsible for the proper disposal of all expired or recalled items, as well as ensuring no unused medications are in the storage area(s). All unused medications shall be returned to the FHCC Pharmacy.

In addition, contractor shall provide updated documentation (within six months) of evaluation and maintenance of hemodialysis machines used at FHCC according to the American Association of Medical Instrumentation (AAMI) standards, immediately notify the FHCC Chief of Nephrology and the Head Nurse of any safety alerts.

FHCC: The FHCC will provide water, medications, normal saline, space, and access to floor stock items such as bandages, towels, heparin, syringes, etc.

[END OF PERFORMANCE WORK STATEMENT]

B.4 SPECIAL CONTRACT REQUIREMENTS

1. SERVICES

1. The services specified herein may be changed by written modification to this contract. The Contracting Officer will prepare the modification (reference FAR clause 52.212-4(c) Changes) and, prior to becoming effective, shall be signed by both parties. Only the Contracting Officer is authorized to make commitments or issue changes that affect price, quantity, or quality of performance of this contract. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change shall be considered unauthorized and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.

1. This is a non-personal services contract as defined in FAR 37.101. There is no employer-employee relationship between the Government and the contractor or the contractor’s employee(s). Contractor personnel are not subject to the supervision and control of a Government officer or employee. Rather, contractor personnel perform their duties in accordance with the Performance Work Statement. Supervisory functions such as hiring, firing, directing, and counseling of contractor personnel are not performed by the Government. The healthcare provider who furnishes services under this contract is subject to Government technical oversight of the services. The Government retains the right to reject services for contractual non-performance.

1. The Government may evaluate the quality of professional and administrative services provided, but retains no control over the medical, professional aspects of services rendered.

1. Contractor is required to maintain medical liability insurance for the duration of this contract. Medical Liability insurance must cover the provider(s) for services in all states where services are rendered by the provider. Contractor must indemnify the Government for any liability producing act or omission by the contractor, its employees and agents occurring during contract performance.

1. The services to be performed by the contractor will be performed in accordance with VA policies, procedures, regulations, and the medical staff bylaws of the FHCC (copies and/or links will be provided upon request). In all cases, dignity of the patient shall be given the highest regard and the precepts of the American Hospital Association’s “Bill of Rights for Patients” shall be observed.

1. Contractor shall provide the required services listed herein throughout the contract period. Other necessary personnel for the operation of the services contracted for at the FHCC will be provided by the FHCC at levels mutually agreed upon which are compatible with the safety of the patient and personnel and with quality medical care programming.

1. Contractor shall, in writing, keep the Contracting Officer informed of any unusual circumstances in conjunction with the contract.

2. TERM OF CONTRACT

This contract is effective for the period of September 1, 2019 through August 31, 2024. The contractor shall perform no services after August 31st of each year, until the Contracting Officer authorizes such services in writing.

Availability of Funds during a Continuing Resolution: At the beginning of each new fiscal year (October 1st) the federal government or parts thereof may be operating under a Continuing Resolution and only be funded for a limited period of time rather than for the entire fiscal year. If, at any time, funds for this contract are provided under a Continuing Resolution (CR), funds will only be available for performance under this contract up to and including the expiration date of the CR, and any extension thereof. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond the expiration date of the CR, and any extension thereof, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability.

3. FEDERAL HOLIDAYS

Contractor is required to provide services on federal holidays, if requested by FHCC.

The 10 holidays observed by the Federal Government are: New Year’s Day (January 1st), Martin Luther King’s Birthday (3rd Monday in January), Presidents’ Day (3rd Monday in February), Memorial Day (last Monday in May), Independence Day (July 4th), Labor Day (1st Monday in September), Columbus Day (2nd Monday in October), Veterans Day (November 11), Thanksgiving Day (4th Thursday in November), Christmas Day (December 25th) and any other day specifically declared by the President of the United States to be a national holiday.

When one of the above designated legal holidays falls on a Sunday, the following Monday will be observed as a legal holiday. When a legal holiday falls on a Saturday, the preceding Friday is observed as a holiday by U.S. Government agencies.

4. QUALIFICATIONS OF PERSONNEL

a. Personnel assigned by the contractor to perform the services covered by this contract shall be registered nurses who graduated from nursing schools accredited by the Commission on Collegiate Nursing Education (CCNE) or Accreditation Commission for Education in Nursing (ACEN) and shall have a full and unrestricted license in any State, Territory, or Commonwealth of the United States or the District of Columbia. Contractor may assign Acute Patient Care Technicians (Hemodialysis Technician) to assist with services on weekends and federal holidays. Patient Care Technicians are unable to work without supervision from the contracted hemodialysis RN. These technicians must have a Certified Clinic Hemodialysis Tech certificate (CCHT). The contractor can employ hemodialysis technicians to assist and support assigned nurses in the care of patients. The registered nurse shall supervise and provide oversight to the hemodialysis technicians.

b. Contractor Personnel are required to hold a current BLS Certification by a provider recognized by the American Heart Association.

c. The qualifications of such personnel shall also be subject to review by the FHCC Chief of Staff and approved by the FHCC Facility Director. The Contracting Officer will be notified prior to any changes in personnel. FHCC reserves the right to approve the assignment of individual personnel furnished by the contractor to perform the functions specified in the contract.

d. Personnel assigned by the contractor to perform the services covered by this contract shall be proficient in written and spoken English (38 USC 7402).

e. Any new requirements for mandatory education and/or competency reassessment, which occur during the contract period, must be completed by the individual contractor employee(s) within established timeframes.

f. The contracted individual(s) will be required to show two proofs of identification on their first day of work. Acceptable proofs of identification are listed below:

Acceptable PICTURE IDs:

1. State-Issued Drivers License

1. State DMV-Issued ID Card

1. US Passport

1. Military ID/Dependents Card

1. Foreign Passport

1. Permanent Resident Card/Alien Registration Card w/Photo Acceptable NON-PICTURE IDs:

1. Social Security Card

1. Certified Birth Certificate

1. State Voter Registration Card

1. Native American Tribal Document

1. Certificate of US Citizenship

1. Certificate of Birth Abroad Issued by Dept of State

g. Physical Requirements: The contractor must provide documentation that demonstrates that all contractor employees have a satisfactory health status including a current physical, which includes the following:

· TUBERCULOSIS TESTING: Contractor shall provide proof of a negative TB Blood Test (also called interferon-gamma release assays (IGRA)) for all Contractor employees as a baseline. Two TB blood tests are approved by the FDA: the QuantiFERON – TB Gold In-Tube test (QFT-GIT) and the T-SPOT TB test (T-Spot). Subsequent testing is not required, unless the contractor employee has been exposed to someone with TB.

· MEASLES, MUMPS, & RUBELLA TESTING: Contractors shall provide proof of immunity for all Contractor employees, i.e. at least 2 doses of vaccine or serologic evidence of immunity.

· VARICELLA: Contractors shall provide proof of immunity for all Contractor employees, i.e. at least 2 doses of vaccine or serologic evidence of immunity.

· TDAP (TETNUS/DIPTHERIA/PERTUSSIS): Contractors shall provide proof of 1 dose of Tdap vaccination for all Contractor employees. Boosters are required every 10 years.

· INFLUENZA: Contractors shall provide proof that all Contractor employees have received the annual Influenza vaccine unless it is contraindicated. If the Contractor employees has a medical contraindication to the vaccine, they shall be required to wear a mask during the Influenza season.

· HEPATITIS B: Contractor shall provide evidence of completing and passing generic self-study blood-borne pathogen training for all Contractor employees; provide their own Hepatitis B vaccination series (3 doses required) plus a serologic titer (1-2 months after final dose) to document immunity following the hepatitis B vaccination series; maintain an exposure determination and control plan; maintain required records; and ensure that proper follow-up evaluation is provided following an exposure incident.

0. CREDENTIALING

The FHCC will have a Credentialing Coordinator assigned to coordinate the credentialing for all hemodialysis nurses. The credentialing process at FHCC facility will be utilized to assess and document the qualifications of each provider. Credentialing is to be done in accordance with the provisions of VHA Directive 2012-030 found at https://www.va.gov/vhapublications/publications.cfm?pub=1. Nurses must be fully credentialed PRIOR to the start of and during the entire contract period.

a. Credentials Requested: An application package will be provided by the Credentialing Coordinator and shall be completed by the provider(s) working under this contract and returned within one week of receiving the application package this includes: Facility-specific paperwork, curriculum vitae (CV)/resume, current references, signed release of information from candidate, licenses or certifications, BLS, competencies, statement that candidate does not have any physical or mental health condition that would adversely affect his/her ability to carry out assigned duties, and any additional credentialing forms.

Candidate will also be required to complete an application through the VetPro Internet process within two weeks of being enrolled in VetPro. Candidate will need to be enrolled in VetPro by FHCC personnel. The website address is: https://fcp.vetpro.org. Facility ID number is as follows: 556.

b. Contractor is required to notify the FHCC Credentialing Coordinator and Contracting Officer of any and all quality of care issues that arise at any facility, at any time, the hemodialysis nurse provides services. Contractor is also required to notify the FHCC Credentialing Coordinator and Contracting Officer when a hemodialysis nurse or patient care technician terminates their relationship with the contractor or no longer provides services to FHCC facility.

6. APPROVAL OF CONTRACTOR PERSONNEL

The FHCC reserves the right to refuse acceptance of any contractor employee or subcontractor employee under this contract when that individual does not qualify under the requirements of VHA Handbook 1100.19 and/or the specific FHCC Policy on Credentialing or fails to perform at the proficiency level expected by the FHCC Facility Director and/or Executive Committee of the Medical Staff.

In addition, FHCC reserves the right to restrict the services or require dismissal of any contractor employee or subcontractor employee under this contract, if personal or professional conduct jeopardizes patient care. Breaches of conduct include intoxication or debilitation resulting from drug use, theft, patient abuse, dereliction or negligence in performing directed tasks, physical or verbal abuse, or other conduct resulting in formal complaints by the patient(s). Standards of conduct shall mirror those prescribed by current federal personnel regulations. The Contracting Officer and the Contracting Officer’s Representative shall deal with issues raised concerning contract personnel’s conduct. The final decision on questions of acceptability resides with the Contracting Officer.

7. KEY PERSONNEL & PERSONNEL SUBSTITUTIONS

The Contractor shall assign the following key personnel to this contract (complete as needed for all contractor personnel – circle applicable qualification):

a. During the first ninety (90) days of performance, the contractor shall make NO changes of key personnel unless the change is necessitated by the individual’s illness, death, or termination of employment or if mutually agreed upon by the Contracting Officer and the contractor. The contractor shall notify the Contracting Officer, in writing, within 5 calendar days after the occurrence of any of these events and provide the information required by paragraph (b) below. After the initial 90-day period of the contract, the contractor shall submit the information required by paragraph (b) to the Contracting Officer at least 15 days prior to making any permanent substitutions. The Contracting Officer must approve all substitutions.

b. 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 Contracting Officer. Proposed substitutes shall have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the contractor within 15 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.

c. Prior to rendering services, substitutes must be credentialed and privileged by the medical facility and obtain a medical staff appointment, in accordance with FHCC Bylaws, Rules and Regulations.

8. HHS/OIG

To ensure that the individuals providing services under the contract have not engaged in fraud or abuse regarding Sections 1128 and 1128A of the Social Security Act regarding federal health care programs, the contractor is required to check the Health and Human Services - Office of Inspector General (HHS/OIG), List of Excluded Individuals/Entities on the OIG Website (https://exclusions.oig.hhs.gov/) for each person providing services under this contract. 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. During the performance of this contract the contractor is prohibited from using any individual or business listed on the List of Excluded Individuals/Entities. Any healthcare provider or entity that employ or enter into contracts with excluded individuals or entities may have a Civil Monetary Penalty (CMP) imposed against them. By signing this offer, the Contractor certifies that all persons or entities listed in the contractor’s proposal have been compared against the OIG list and are NOT listed as of the date the offer was signed.

9. JOINT COMMISSION STANDARDS

Although Joint Commission accreditation is not required, the contractor shall perform the required work in compliance with Joint Commission Standards. A copy of these standards may be obtained from the Joint Commission on Accreditation of Healthcare Organizations, One Renaissance Blvd., Oakbrook Terrace, IL 60181.

The Contractor will be responsible to ensure the contractor employees or subcontractors providing work on this contract are fully trained and completely competent to perform the required work. Contractor will gather all credentialing documents requested by the FHCC as well as any other documentation that the carrying out of this contract may require or is requested by FHCC. However, the contractor is neither able to nor is the contractor required to make clinical competence determinations on behalf of the FHCC.

10. PERSONNEL POLICY

a. The contractor shall be responsible for protecting the personnel furnishing services under this contract. To carry out this responsibility, the contractor shall provide the following for these personnel:

· Workers’ compensation

· Professional liability insurance

· Health examinations/immunizations

· Income tax withholding, and

· Social security payments.

b. The parties agree that the contractor, its employees, agents and subcontractors shall not be considered FHCC employees for any purpose.

c. The FHCC shall notify the Contractor of any significant communicable disease exposure as appropriate. The Contractor shall adhere to current CDC/HICPAC Guideline for Infection Control in health care personnel (AIJC 1998: 26:2890354) for disease control. The Contractor shall provide follow up documentation of clearance to return to the workplace prior to contractor’s or subcontractor’s employee(s) return.

11. RECORD KEEPING – CONTRACTOR

Contractor must establish a record keeping system of the number and type of treatment procedures performed per CLIN as listed in the Price Schedule.

12. MEDICAL RECORDS

All records produced in the performance of this contract and all evaluations of patients are the property of and are subject to the exclusive control of the FHCC. Contractor shall not provide for long-term storage of these documents, but may retain a copy of all such records or evaluations for quality assurance and consultation purposes; however, may not provide copies or disclose the information from such records or evaluations to third parties.

If a subpoena or court order is received for the production of a medical record, the contractor shall refer the subpoena or court order to the COR and Contracting Officer.

13. CONFIDENTIALITY OF PATIENT RECORDS - FHCC

The Contractor is a FHCC contractor and will assist in the provision of health care to patients seeking such care from or through FHCC. As such, the Contractor is considered as being part of the Department health care activity. Contractor is considered to be a FHCC contractor for purposes of the Privacy Act, Title 5 U.S.C. 552a. Further, for the purpose of FHCC records access and patient confidentiality, Contractor is considered to be a Department contractor for the following provisions: Title 38 U.S.C. 5701, 5705, and 7362. Therefore, Contractor may have access, as would other appropriate components of the FHCC, to patient medical records including patient treatment records pertaining to drug and alcohol abuse, HIV, and sickle cell anemia, to the extent necessary to perform its contractual responsibilities. However, like other components of the FHCC, and not withstanding any other provisions of the sharing agreement, the Contractor is restricted from making disclosures of FHCC records, or information contained in such records, to which it may have access, except to the extent that explicit disclosure authority from FHCC has been received. The Contractor is subject to the same penalties and liabilities for unauthorized disclosures of such records of the FHCC.

The records referred to above shall be and remain the property of the FHCC and shall not be removed or transferred from the FHCC except in accordance with 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) and federal laws, rules and regulations. Subject to applicable federal confidentiality or privacy laws, the Contractor, or their designated representatives, and designated representatives of federal regulatory agencies having jurisdiction over Contractor, may have access to FHCC’s records, at FHCC’s place of business on request during normal business hours, to inspect and review and make copies of such records.

14. HIPAA COMPLIANCE

Contractor must adhere to the provisions of Public Law 104-191, Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the National Standards to Protect the Privacy and Security of Protected Health Information (PHI). As required by HIPAA, the Department of Health and Human Services (HHS) has promulgated rules governing the security and use and disclosure of protected health information by covered entities, including the Department of Veterans Affairs (VA) and the FHCC. Contractor is conducting health care services on FHCC’s behalf and therefore, no BAA is required.

15. DESIGNATION OF CONTRACT REPRESENTATIVE

A Contracting Officer’s Representative (COR) will be designated for this contract. The COR will furnish technical guidance and advice regarding the work being performed under this contract. The foregoing is not to be construed as authorization to interpret or furnish advice and information to the Contractor relative to the financial or legal aspects of the contract. Enforcement of these segments is vested in and is the responsibility of the Contracting Officer.

16. CONTRACT PERFORMANCE MONITORING

a. Contractor's employee(s) shall report to the charge nurse upon arrival at the FHCC (specific information will be provided after award).

b. Monitoring of contractor’s performance shall be demonstrated through clinical and administrative record reviews. COR will be responsible for verifying contract compliance. COR will designate appropriate FHCC personnel to monitor services through one or a combination of the following mechanisms:

1. Departments being served will monitor Contractor performance to ensure that services called for in the contract have been received by FHCC in a timely manner. Any incidents of Contractor noncompliance as evidenced by the monitoring procedures will be forwarded immediately to the Contracting Officer.

2. Documentation of services performed will be reviewed prior to certifying payment. The COR will perform periodic spot checks and document with the using service to ensure records monitoring. FHCC will pay only for services actually provided, and in strict accordance with the Price Schedule. Contract monitoring and recordkeeping procedures will be sufficient to ensure proper payment and allow audit verification that services were provided.

3. The using service, through the COR, will provide a written statement annually to the Contracting Officer to include a summary of Contractor actions and a statement whether or not all requirements of the contract have been fulfilled as agreed.

c. Contractor's employee(s) may not certify bills for payment.

17. QUALITY ASSURANCE MONITORING

a. Contractor shall maintain a Quality Control Program related to the services covered under this contract. The results of all Quality Improvement activities performed by the Contractor involving FHCC patients will be shared with FHCC staff. This will include, but not be limited to quality improvement plans, minutes of staff meetings where quality improvement has been discussed and which include practitioner-specific findings, conclusions, recommendations, written plans for actions taken in response to such conclusions and recommendations, and evaluation of those actions taken. Monitors should reflect at a minimum, issues related to quality care and appropriateness of referral.

b. Copies of provider licensure are required to be submitted to the CO and COR with offer and upon renewal or addition of new key personnel. In addition, updated Joint Commission survey results for the contractor, if The Joint Commission certified, shall be forwarded to the CO and COR upon receipt.

c. The contractor will meet or communicate with the FHCC staff for process review and improvement of contract performance on an as needed basis.

d. Patient Safety/Reporting Adverse Events: The contractor shall have an established program to monitor patient safety and 100% of adverse events (including patient injury or death, medication errors, drug reactions, or unusual situations in which the patient may be involved) associated with care of FHCC patients. The contractor and/or its staff shall collect and report the program information on a quarterly basis. The contractor shall verbally notify the FHCC Charge Nurse immediately of any patient safety concerns and/or adverse events (as defined above) involving FHCC patients during dialysis services. For all adverse events, a written incident report shall be provided within 24 hours of the incident. Any sentinel event will require follow-up by the patient safety manager or risk manager. Contractor shall cooperate with the FHCC with any investigations, while they are confirmed and resolved, and provide any updates and findings of such investigations to the FHCC and RCA committee if applicable. The FHCC may review specific findings, conclusions, recommendations, written plans for corrective action taken in response to conclusions, and recommendations and evaluations for those corrective actions.

e. Contractor work will be subject to recommendations from Process Improvement activities of the FHCC Inpatient Services. Quality factors that FHCC may consider when monitoring the quality of performance may include, but are not limited to medical records, security/privacy, infection control, patient satisfaction, adverse event reporting, patient safety, access to patient care, quality of care, equipment, water/dialysate quality, and supply inventory, etc.

These monitoring procedures are further illustrated in the following Performance Requirements Summary Matrix below.

Req.

Quality Level/Time Period Method of Surveillance/ Frequency

3 - Quality of Care

Environmental Care Committee.

18. PROHIBITION OF CONTRACT PERFORMANCE OUTSIDE THE U.S.

The entire performance of the contract shall be within the borders of the United States of America, the District of Columbia and/or Puerto Rico. The Contractor shall not access any FHCC data/information (for example, by remote computer access) from locations that are outside the above-stated borders. Furthermore, the Contractor shall not send, transfer, mail or otherwise transmit any FHCC data/information to locations outside the above-stated borders.

19. CONTRACTOR CERTIFICATION

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.

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.

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.

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

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

As prescribed in Federal Acquisition Regulation (FAR) Part 42.15, the Department of Veterans Affairs (VA) and Federal Health Care Center (FHCC) evaluate contractor past performance on all contracts that exceed the thresholds outlined in FAR Part 42.15, 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 the posting of each report. To fulfill this requirement FHCC uses an online database, the Contractor Performance Assessment Reporting System (CPARS). The CPARS database information is available to all Federal agencies.

Each contractor whose contract award is estimated to exceed the thresholds outlined in FAR Part 42.15 is required to provide to the contracting officer contact information for the contractor’s representative with their response to the solicitation. The contractor is responsible to notify the contracting officer of any change to the contractor’s representative during the contract performance period. Contractor’s representative contact information consists of a name and email address.

The Government will register the contract within thirty days after contract award. For contracts with a period of one year or less, the contracting officer will perform a single evaluation when the contract is complete. For contracts exceeding one year, the contracting officer will evaluate the contractor’s performance annually. Intermediate reports will be filed each year until the last year of the contract, when the final report will be completed. Each report shall be forwarded in CPARS to the contractor’s designated representative for comment. The contractor’s representative will have thirty days to submit any comments and return the report to the VA contracting officer. Failure by the contractor to respond within those thirty days will result in the Government’s evaluation being placed on file in CPARS without contractor’s comments.

21. PAYMENT

The FHCC agrees to reimburse the…