36C25220Q0461-001.docx

36C25220Q0461

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

36C25220Q0461 04-12-2020 Patrice R. Bond 414-844-4806 04-14-2020 Noon Local 36C252 Department of Veterans Affairs Great Lakes Acquisition Center (GLAC) 115 S 84th Street, Suite 101 Milwaukee WI 53214-1476 X 561320 $30 Million N/A X 36C252 Great Lakes Acquisition Center (GLAC) Department of Veterans Affairs 115 S 84th Street, Suite 101 Milwaukee WI 53214-1476 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 Multiple Award Blanket Purchase Agreement (BPA) for Certified and Registered Respiratory Therapist Services for the Hines VA Hospital, Jesse Brown VA Medical Center and Milwaukee VA Medical Center in accordance with terms and conditions contained within.

X X

ONE

PATRICE R. BOND

NCO1215L3-0050

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 BLANKET PURCHASE AGREEMENT ADMINISTRATION DATA

1. Blanket Purchase Agreement administration matters will be handled by:

a. CONTRACTOR’S NAME/ADDRESS/CITY-STATE-ZIP:

Point of Contact/Title: _______________________________________________ Telephone Number: _______________________________________________ Fax Number: _______________________________________________ Email: _______________________________________________

DUNS Number: ____________________________ TIN Number: _____________________________

Contractor’s Past Performance Point of Contact (CPARS):

b. GOVERNMENT:

Department of Veterans Affairs Great Lakes Acquisition Center 115 S. 84th Street, Suite 101 Milwaukee, WI 53214-1476 Fax: (414) 844-4891

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 submission 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@tungsten-network.com or calling 1-877-752-0900 option 2 for Enrollment.

The Contractor shall prepare and submit invoices by the tenth (10th) of the following month services were performed 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.

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

4. BPA ADMINISTRATION NOTICE: The Contracting Officer is the only person authorized to approve changes or modify any of the requirements of this BPA. The contractor shall communicate with the Contracting Officer on all matters pertaining to administration. Only the Contracting Officer is authorized to make commitment or issue changes that will affect price, quantity or quality of performance of this BPA or subsequent orders. 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 to have been made without authority and no adjustment will be made to the order price to cover any increase in cost incurred thereof.

5. CONTRACT TYPE: Multiple Award BPA. Orders against the BPA shall be fixed price.

6. PERIOD OF AGREEMENT: This BPA is to be established from Date of Award through October 31, 2020. The Government will conduct a review of the established BPA prior to expiration. Upon completion of the review, a determination will be made whether or not it is in the best interest of the Government to continue with performance of the BPA via exercise of options in accordance with FAR 52.217-8.

7. EXTENT OF OBLIGATION: The Government is obligated only to the extent of authorized purchases actually made under the BPA. This agreement may be terminated upon 30 days written notice by either party.

8. BASIS OF AWARD: Awards will be made to the Contractors per sub-clin based upon the key personnel’s qualifications, availability and price.

9. BPA CALL PROCEDURES: The Contracting Officer will provide the contractor a list of individuals authorized to place orders under this agreement. An order is initiated when the authorized individuals place a phone call or submits an email or fax to the Contractor and requests the services of a preapproved provider. The order is in process when the provider provides services at the designated VA medical facility and ends when services are no longer required for the provider.

[END OF BLANKET PURCHASE AGREEMENT ADMINISTRATION DATA]

B.2 SERVICES & PRICE SCHEDULE

1. AUTHORITY: In accordance with FAR Part 13.5 Simplified Procedures for Certain Commercial Items, the Great Lakes Acquisition Center is seeking to award a Multiple Award Blanket Purchase Agreement (BPA) to contractors who are able to provide emergency Respiratory Therapists Services.

2. PURPOSE/SERVICES: To establish a multiple award BPA for Certified and Registered Respiratory Therapists “as needed” for the Edward Hines, Jr. Hospital (Hines), 5000 South 5th Avenue, Hines, IL 60141; Jesse Brown Medical Center (Jesse Brown), 820 South Damen Avenue, Chicago, IL 60612; and Clement J. Zablocki VA Medical Center (Milwaukee), 5000 West National Avenue, Milwaukee, WI 53295.

This BPA is anticipated to begin on April 20, 2020. A BPA is not a contract but is a simplified method of filling repetitive needs for supplies or services by establishing “charge accounts” with qualified vendors. A BPA contains (1) the terms and conditions applying to future orders between the parties during its term, (2) a description of the services to be provided, and (3) methods for pricing, issuing, and accepting future orders under the BPA. The establishment of a BPA does not obligate funds, rather the specific medical center is only obligated to the extent that an authorized order is placed under the BPA. The VA does not guarantee or imply that any orders for services will be placed under this BPA. The VA’s requirement is on an “as needed” basis only, there are no guaranteed hours for this BPA.

3. PRICE SCHEDULE: The vendor hereby agrees to furnish all services described herein at the applicable rate specified below. The quantities below are estimates only. Contractor is not guaranteed any work under this BPA. Rates shall be all-inclusive including travel, lodging, per diem, if necessary.

Base Year: Date of Award – October 31, 2020

List of Key Personnel

Base Period - HINES

List of Key Personnel

Base Period – JESSE BROWN

List of Key Personnel

Base Period – MILWAUKEE

DIFFERENTIAL:

Holiday Rate: $_____ Overtime Rate: $_____

Estimated Total of BPA: $3,952,000.00

Orders placed under this BPA will be firm-fixed price and are subject to the specifications, terms, and conditions of the established BPA. If there are any discrepancies between the BPA Order and the BPA, the BPA Order will take precedence.

A binding obligation is formed only when a Contracting Officer places an order and the contractor accepts the order by signature or by beginning performance. An individual order under this BPA shall not exceed $250,000.

[END OF SECTION B.2]

B.3 STATEMENT OF WORK:

The Contractor(s) shall provide a pool of Certified and Registered Respiratory Therapists on an “as needed” basis in accordance with the specifications contained herein to beneficiaries of the Department of Veteran Affairs and the Edward Hines, Jr. Hospital (Hines), 5000 South 5th Avenue, Hines, IL 60141; Jesse Brown Medical Center (Jesse Brown), 820 South Damen Avenue, Chicago, IL 60612; and Clement J. Zablocki VA Medical Center (Milwaukee), 5000 West National Avenue, Milwaukee, WI 53295. The respiratory stall shall provide support to include, but limited to the following:

1. The Contractor shall provide a pool of “as needed” Respiratory Therapists on-site in accordance with the specifications contained herein. The Respiratory Therapists shall be able to perform all levels of respiratory care to include monitoring of ventilator patients. The contracted therapists shall also be expected to chart using VA Computerized Patient Record System (CPRS) and Bar Code Medication Administration (BCMA).

2. The duties and responsibilities of the Respiratory Therapist include, but are not limited to the following:

a. Administers various respiratory therapy procedures including adult mechanical ventilation, ultrasonic nebulization, humidification, nebulizing medication, chest physiotherapy and various forms of oxygen therapy.

b. Performs sputum inductions, having patient’s breath nebulized particles (if necessary) of appropriate solutions for diagnostic tests as routine culture and sensitivity, TB and fungal cultures and cytologist examinations for abnormal cells. Performs, if necessary, nasal tracheal suctioning to obtain culture using aseptic technique.

c. Instructs patients and relatives on home self-care relative to home aerosol, home oxygen, etc. with proper documentation in the patient’s record via computer.

d. Provides appropriate equipment to patients receiving respiratory care following all infection control policies and procedures.

e. Responds to all emergency and cardiac arrests alarms and is responsible to assure adequate ventilation or give assistance as required.

f. Significant knowledge of related disciplines is required to fully evaluate and properly carry-out patient procedures consistent with good quality control practices, patient care management practices and quality assurance programs.

g. Perform his/her duties and functions as a Registered Respiratory Therapist with integrity and appropriate ethical behavior. In accordance with ethical standards of nationally recognized professional organizations.

[END OF SECTION B.3]

B.4 SPECIAL AGREEMENT REQUIREMENTS

1. SERVICES:

1. The services specified herein may be changed by written modification to this BPA. The Contracting Officer will prepare the modification (reference FAR clause 52.212-4(c), Changes) and, prior to becoming effective, shall be signed by appropriate parties. Only the Contracting Officer is authorized to make commitments or issue changes that affect price, quantity, or quality of performance of this BPA. 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 BPA price to cover any increase in costs incurred as a result thereof.

1. This is a non-personal service BPA 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 Statement of Work. 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 BPA 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 BPA. 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 BPA 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 each VA facility (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 BPA period. Other necessary personnel for the operation of the services contracted for at the VA Medical Centers will be provided by the VA Medical Centers 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 BPA.

2. TERM OF BLANKET PURCHASE AGREEMENT:

a. This BPA is established from the effective date of the BPA through October 31, 2020.

b. Cancellation: This BPA may be canceled by the Government if the BPA holder fails to perform in accordance with the terms and conditions of this BPA, any order established under this BPA, or if deemed as in the best interest of the Government.

1. Work Schedule: While there is no guarantee of specific shifts or hours, it is estimated that the total number of hours required for the base period is 27,040 for Hines, 10,400 for Jesse Brown, and 4,160 for Milwaukee. Therapists must provide 24-hour coverage, seven (7) days a week covering weekends and Federal Holidays as follows:

Hines – Flexible shifts to include weekends and holidays 12-hour shifts: 7:30 a.m. – 8:00 p.m., 7:30 p.m. – 8:00 a.m. and 8-hour shift: 3:30 p.m. - midnight

Jesse Brown – Flexible shifts to include weekends and holidays 8-hour shifts: 7:30 a.m. – 4:00 p.m., 3:30 p.m. – midnight, 11:30 p.m. – 8:00 a.m.

Milwaukee – Flexible shifts to include weekends and holidays 12-hour shifts: 7:00 a.m. – 7:30 p.m., 7:00 p.m. – 7:30 a.m., 11:00 a.m. – 11:30 p.m., 3:00 p.m. – 3:30 a.m.

8-hour shifts: 7:00 a.m. – 3:30 p.m., 3:00 p.m. – 11:30 p.m., 11:30 p.m. – 7:00 a.m.

3. EQUIPMENT: The following equipment is used at each VA facility.

Hines: PB840, PB980, Draeger 500, V60, LTV and HT70 Jesse Brown: 840, PB980, V60, Astral 150 and Revels portable ventilators Milwaukee: Drager, LTV 120, V60 and Astral 150

4. FEDERAL HOLIDAYS:

a. 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.

b. 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.

5. QUALIFICATIONS OF PERSONNEL:

a. The contract Respiratory Therapists shall be National Board of Respiratory Care (NBRC) certified in good standing with a minimum of 1-year of adult ICU experience and the ability to perform a wide spectrum of Respiratory Therapy services. Respiratory Therapist shall be capable of performing the duties listed in the Statement of Work independently, either with other respiratory staff present or alone with minimal orientation/training to the VA facility.

b. Respiratory Therapist shall have at a minimum, an Associates Degree.

c. Respiratory Therapist shall be certified in Basic Life Support (BLS) and maintain the certification during their work at the VA.

d. The qualifications of the therapists shall also be subject to review by the Respiratory Therapist Chief. The Contracting Officer will be notified prior to any changes in personnel. VA reserves the right to approve the assignment of individual personnel furnished by the contractor to perform the functions specified in the task order.

e. Personnel assigned by the contractor to perform the services covered by this task order shall be proficient in written and spoken English (38 USC 7402). Contractor’s assigned personnel must be computer literate as patient documentation is directly inputted in the patient’s electronic medical record. Proficiency in the use of the Veterans Health Information Systems and Technology Architecture (VISTA) system and the Computerized Patient Record System (CPRS) are preferred.

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

g. 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:

· State-Issued Driver’s License

· State DMV-Issued ID Card

· US Passport

· Military ID/Dependents Card

· Foreign Passport

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

· Social Security Card

· Certified Birth Certificate

· State Voter Registration Card

· Native American Tribal Document

· Certificate of US Citizenship

· Certificate of Birth Abroad Issued by Dept of State

h. 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 Tuberculosis Skin Test (TST) or interferon-gamma release assays (IGRA) for all Contractor employees. A negative chest radiographic report for active tuberculosis shall be provided in cases of positive TST or IGRA results. The TST or IGRA testing shall be repeated annually.

· MEASLES, MUMPS, & RUBELLA TESTING: Contractors shall provide proof of immunity for all Contractor employees.

· VARICELLA: Contractors shall provide proof of immunity for all Contractor employees.

· ACELLULAR PERTUSSIS: Contractors shall provide proof of 1 dose of Tdap vaccination for all Contractor employees.

· 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.

· OSHA REGULATION CONCERNING OCCUPATIONAL EXPOSURE TO BLOODBORNE PATHOGENS: 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 and hepatitis B surface antigen test results 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.

6. EMERGENT CREDENTIALING AND PRIVILEGING:

a. The process for Expedited Credentialing may be utilized as outlined in VHA Directive 2012-030, Credentialing of Health Care Professionals, dated October 11, 2012. The VA will have a Credentialing Coordinator, assigned to coordinate the credentialing for all contracted respiratory staff.

b. In accordance with the requirements and procedures of the Health Care Quality Improvement Act of 1986 – Title IV (Public Law 99-660), which established the National Practitioners Data Bank (NPDB), the Facility Director will ensure that all individuals who hold clinical privileges are properly screened through the NPDB.

c. Contractor is required to notify the VA Credentialing Coordinator and Contracting Officer of any, and all quality of care issues that arise at any facility, at any time, the Respiratory Staffing Personnel provides services. Contractor is also required to notify the VA Credentialing Coordinator and Contracting Officer when a Respiratory Staffing person terminates relationship with the contractor or no longer provides services to the VA facility.

7. APPROVAL OF PERSONNEL:

a. The VA reserves the right to refuse acceptance of any contractor employee or subcontractor employee under this BPA when that individual does not qualify under the requirements of VHA Handbook 1100.19 (http://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=2910) and/or the specific VA Hospital/Medical Center Policy on Credentialing and Privileging, or fails to perform at the proficiency level expected by the VA Facility Director and/ Medical Staff Executive Committee.

b. In addition, VA reserves the right to restrict the services or require dismissal any contractor employee or subcontractor employee under this BPA, 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 contractor personnel’s conduct. The final decision on questions of acceptability is the Contracting Officer.

8. KEY PERSONNEL & PERSONNEL SUBSTITUTIONS:

a. The contractor shall make NO changes of key personnel selected to be in the “as needed” pool 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. 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 and licenses 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 BPA will be modified to reflect any approved changes of key personnel.

c. Prior to rendering services, substitutes must be credentialed by the medical facility in accordance with VA Bylaws, Rules and Regulations.

9. HHS/OIG:

To ensure that the individuals providing services under the BPA 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 BPA. 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 BPA 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 BPA, the Contractor certifies that all persons or entities listed in the contractor’s quote have been compared against the OIG list and are NOT listed as of the date the offer was signed.

10. 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 Joint Commission, One Renaissance Blvd., Oakbrook Terrace, IL 60181.

The Contractor will be responsible to ensure the contractor employees or subcontractors providing work on this task order are fully trained and completely competent to perform the required work. Contractor will gather all credentialing documents requested by the VA as well as any other documentation that the carrying out of this contract may require. However, the contractor is not able to nor is the contractor required to make clinical competence determinations on behalf of the VA.

11. PERSONNEL POLICY:

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

· Workers compensation

· Professional liability insurance

· Health examinations including:

· Annual TB Skin Test and recent (within the last year) chest X-ray if there is a history of positive TB skin test,

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

· Evidence of a Hepatitis C titer,

· Varicella titer if provider has not had chicken pox.

· Income tax withholding, and

· Social security payments.

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

c. The VA 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.

12. RECORD KEEPING – CONTRACTOR:

Contractor must establish a record keeping system of contractor employee hours worked.

13. MEDICAL RECORDS:

All records produced in the performance of this BPA and all evaluations of patients are the property of and are subject to the exclusive control of the VA. Contractor 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 Contracting Officer.

14. CONFIDENTIALITY OF PATIENT RECORDS:

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

The records referred to above shall be and remain the property of the VA and shall not be removed or transferred from the VA except in accordance with U.S.C.551a (Privacy Act), 38 U.S.C. 5701 (Confidentiality of claimants records), 5 U.S.C. 552 (FOIA), 38 U.S.C. 5705 (Confidentiality of Medical Quality Assurance Records) 38 U.S.C. 7332 (Confidentiality of certain medical records) and federal laws, rules and regulations. Subject to applicable federal confidentiality or privacy laws, the Contractor, or their designated representatives, and designated representatives of federal regulatory agencies having jurisdiction over Contractor, may have access to VA‘s records, at VA’s place of business on request during normal business hours, to inspect and review and make copies of such records.

15. HIPAA COMPLIANCE:

a. 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).

b. Contractor is conducting health care services on VA’s behalf - therefore, no BAA is required.

16. DESIGNATION OF BLANKET PURCHASE AGREEMENT REPRESENTATIVE:

At each medical center, an individual will be designated to represent the Contracting Officer as the Contracting Officer’s Representative (COR). The COR will furnish technical guidance and advice regarding the work being performed under this BPA. 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 BPA. Enforcement of these segments is vested in and is the responsibility of the Contracting Officer. The extent and limitations of this designation will be provided in the COR Delegation Memo.

17. BLANKET PURCHASE AGREEMENT PERFORMANCE MONITORING:

0. Contractor's employee(s) shall report to the COR or designee, upon arrival at the VA.

Hines: Krista Hagert at (708) 202-8387 x21225 Jesse Brown: Janay Robinson at (312) 569-7231 Milwaukee: Gehad Knighton (Omar) at (414) 384-2000 x45719

0. Monitoring of contractor’s performance shall be demonstrated through clinical and administrative record reviews. COR will be responsible for verifying BPA compliance. Contracting Officer's Representative (COR) will designate appropriate VA personnel to monitor services through one or a combination of the following mechanisms:

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

ii. 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. VA will pay only for services actually provided, and in strict accordance with the Price Schedule. BPA monitoring and recordkeeping procedures will be sufficient to ensure proper payment and allow audit verification that services were provided.

iii. The using service, through the COR, will provide a written statement to the Contracting Officer to include a summary of Contractor actions and a statement that all requirements of the BPA have been fulfilled as agreed. This summary evaluation will be submitted 30 days prior to expiration of BPA.

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

18. QUALITY ASSURANCE MONITORING:

a. Copies of provider certifications are also required to be submitted upon request to the COR and CO. In addition, updated Joint Commission survey results for the contractor, if Joint Commission certified, shall be forwarded to the COR upon receipt.

b. The contractor will meet or communicate with the VA staff for process review and improvement of BPA performance on an as needed basis.

c. Quality factors that VA may consider when monitoring quality of care may include, but are not limited to: patient medical records, availability of contract staff, security/privacy, and patient satisfaction.

1. Reporting Adverse Events: The contractor shall have an established program to monitor 100% of adverse events (including patient injury or death, or unusual situations in which the patient may be involved) associated with care of VA patients. The contractor shall collect and report the program information on a monthly basis. The contractor shall notify the VA of adverse events (as defined above) involving VA patients during respiratory therapy services. The VA may review specific findings, conclusions, recommendations, written plans for corrective action taken in response to conclusions and recommendations and evaluation for those corrective actions.

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

(1) Invoicing

Contractor shall accurately submit invoices by the tenth (10th) of the following month services were provided.

85%

Respiratory Therapy designee will review each invoice monthly and inspect for accuracy.

Unfavorable Contractor Performance Evaluation.

(2) Confirmation of Scheduled Shifts

Contractor shall confirm with VA the availability of coverage of open shifts no later than eight (8) working hours of the required shift.

80%

Respiratory Therapy designee will randomly review the Contractor’s confirmed schedules/ emails monthly.

Unfavorable Contractor Performance Evaluation.

19. PROHIBITION OF BLANKET PURCHASE AGREEMENT PERFORMANCE OUTSIDE THE U.S.:

The entire performance of the BPA 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 VA 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 VA data/information to locations outside the above-stated borders.

20. CONTRACTOR CERTIFICATION:

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.

21. REQUIRED REGISTRATION WITH CONTRACTOR PERFORMANCE ASSESSMENT SYSTEM (CPARS):

1. As prescribed in Federal Acquisition Regulation (FAR) Part 42.15, the Department of Veterans Affairs (VA) evaluates Contractor past performance on all contracts that exceed the Simplified Acquisition Threshold, 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 Naval Seal Logistics Center in Portsmouth, New Hampshire. CPARS has connectivity with the Past Performance Information Retrieval System (PPIRS) database, which is available to all Federal agencies. 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 federal awardee performance and integrity information system (FAPIIS). FAPIIS is a web-enabled application accessed via CPARS for Contractor responsibility determination information.

1. Each contractor whose BPA 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 BPA performance period. Contractor’s representative contact information consists of a name and email address.

1. The Government will register the BPA within thirty days after BPA award. For BPAs with a period of one year or less, the contracting officer will perform a single evaluation when the BPA is complete. For BPAs 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 BPA, 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.

22 PAYMENT:

a. Contractor’s employees must be present at the VA facility and must be actually performing the required services for the period specified within the BPA or the BPA cost will be decreased accordingly during each billing cycle.

b. The VA agrees to reimburse the contractor for services performed, minus any deductions, paid monthly, in arrears, upon receipt of a properly prepared invoice submitted by the contractor. Payments made by the VA under this BPA shall constitute the total cost of services provided by the contractor. The contractor hereby agrees; that in no event, shall contractor bill, charge, collect a deposit from, seek compensation, remuneration, or reimbursement from, or have any recourse against the beneficiary, the beneficiary’s family, private insurer, Medicare or any other entity acting on the beneficiary’s behalf, for services provided pursuant to this BPA. Billings rendered by the contractor to the VA for services furnished a VA beneficiary under the terms of this BPA shall be billings in full. This provision shall survive the termination or ending of the BPA.

c. The payment for any leave, to include sick leave, annual leave, administrative leave, and holidays, are the responsibility of the Contractor.

[END OF SPECIAL BLANKET PURCHASE AGREEMENT REQUIREMENTS]

B.5 BLANKET PURCHASE AGREEMENT SECURITY REQUIREMENTS

1. GENERAL:

Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA personnel regarding information and information system security.

2. CONTRACTOR PERSONNEL SECURITY REQUIREMENTS:

Failure to comply with the contractor personnel security requirements may result in termination of the BPA for default.

SAC

All Contractor Employees who require access to the Department of Veterans Affairs computer systems or who have access to sensitive information shall be required to have, at a minimum, a Special Agreement Check (SAC) which includes electronic fingerprinting. A Contractor Employee shall not perform any contract work (except for any other required orientation and training that does not require access to a VA computer system) until fingerprinting is completed by the local Human Resource Management Service. Fingerprinting should take place on the first day that a Contractor Employee enters on duty. The Contracting Officer’s Representative shall facilitate the SAC process for the Contractor and Contractor Employee.

If the SAC identifies “potentially actionable issues” in connection with a Contractor Employee and it is determined that the Contractor Employee needs to be removed, the Contracting Officer shall notify the Contractor and the Contractor shall immediately remove that Employee from contract work. The removal of the Employee shall not excuse any failure to meet contract requirements.

SACs and fingerprinting of Contractor Employees may be required even when an Employee will not be working on-site at a VA Facility. The Contracting Officer can identify other options for accomplishing these SACs.

The current fees associated with Special Agreement Checks are $18.00 each.

3. PRIVACY AND SECURITY TRAINING for VA CONTRACTORS:

A. Due to the increased emphasis on privacy, cybersecurity and information security, the following special contract requirements are established and hereby made part of the contract entered into with the Department of Veterans Affairs.

B. Privacy Training: Contractor and their sub-contractors assigned work under the task order are required to receive annual training on patient privacy as established by HIPAA statues. Training must meet VA and the Department of Health and Human Services Standards for Privacy of Individually-identifiable health information. Contractor shall provide documented proof to the VA upon request that all employees assigned work and/or having access to Protected Health Information have received annual training. Information on fulfilling the training requirement as stated in this paragraph can be found at https://www.tms.va.gov/plateau/user/SelfRegistrationUserSelection.do

C. Rules of Behavior for Automated Information Systems: Contractor personnel having access to VA Information Systems are required to read and sign a Rules of Behavior statement, which outline rules of behavior related to VA Automated Information Systems. The COR will provide the Rules of Behavior to the Contractor for the respective facility.

D. Information Security Awareness Training: Each contractor assigned work under the task order is required to receive and document completion of VA training on Information Security. The requirements for fulfilling this provision can be found at https://www.tms.va.gov/plateau/user/SelfRegistrationUserSelection.do Contractor shall provide documented proof to the COR prior to access being granted, and yearly after that, for all contractor employees servicing a VA BPA.

Contractor shall provide documented proof to the assigned COR prior to access being granted and upon request after that, for all contractor employees servicing a VA BPA.

As VA routinely reviews and updates policies and procedures covering contractor computer access,…