36C25220Q0631_1.docx

36C25220Q0631

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

36C25220Q0631 07-15-2020 Carol Felgenhauer 414-844-4893 07-22-2020 11:00 LocalTime 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 Department of Veterans Affairs Multiple VA Sites

36C252

Great Lakes Acquisition Center (GLAC) 115 S 84th Street, Suite 101 Milwaukee

WI

53214-1476

Financial Services Center PO Box 149971 Austin

TX

78714-9971 877-353-9791 512-460-5540 Contractor to provide Autopsy Assistant Services at Edward J. Hines, Jr. VA Hospital and Jesse Brown VA Medical Center in accordance with specifications, terms and conditions contained within.

X X

ONE

PRUDENCE HOLLAND

Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

36C25220Q0631

Page 1 of Page 1 of

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 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: ________________________________________________________ Dun & Bradstreet Number: ____________________ Federal Taxpayer Identification Number: _____________________________

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 Management (31 U.S.C. 3332).

3. INVOICES:

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 Corporation e-Invoicing 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@tungsten-network.com or calling 1-877-752-0900 for Enrollment.

Contractor shall submit an electronic invoice 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://authentication.tungsten-network.com/login. For questions regarding the submission of VA electronic invoices, Tungsten Corporation customer service may be contacted at 1-877-489-6135.

All invoices shall reference the vendor name and address, customer name, contract number, appropriate obligation/funding order number, description of services provided, provider name, number of hours worked, unit price (hourly rate) and the total cost. Invoices shall also include any payment discount terms.

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

4. POST AWARD ORIENTATION: The Contracting Officer will schedule a post award orientation for contract orientation purposes as required by Procurement Policy Memorandum (PPM) 2019- 01.

[End of Contract Administration Data]

B.2 SCHEDULE OF SERVICES/PRICE

1. AUTHORITY: This procurement is being conducted under the authority of 38 U.S.C. 513, Contracts and Personal Services.

In accordance with FAR Part 13.5 Simplified Procedures for Certain Commercial Items, the Great Lakes Acquisition Center is seeking a Service Disabled Veteran Owned Small Business to provide contract services for Autopsy Assistant Services. As such, the Government will utilize simplified procedures for soliciting competition, evaluation, award documentation, and notification.

2. PURPOSE: To provide Autopsy Assistance Services in support of pathology services at Edward Hines, Jr. VA Hospital (HVAH) located at 5000 South 5th Avenue, Hines, Illinois 60141-3030 and Jesse Brown VA Medical Center (JBVAMC) located at 820 South Damen Avenue, Chicago, Illinois 60612-3728.

3. CONTRACT/ORDERING PERIOD: The resultant contract will be a five (5) year ordering period, Indefinite Delivery, Indefinite Quantity contract with an anticipated start date of August 1, 2020. The quantities identified by facility are the Government’s estimated annual volumes. The Government does not guarantee to order these quantities.

4. GENERAL ORDERING AUTHORITY AND PROCESS: An order is deemed placed when a phone call is placed to the Contractor by authorized Government personnel to schedule an autopsy.

5. PRICING: Firm-fixed (unit) pricing with estimated annual volumes of Contract Line Item Numbers (CLINs). Cumulative annual totals are listed below. The CLIN unit prices will apply to the quantities actually ordered by each facility.

6. PRICE SCHEDULE

a. Ordering Period One: August 1, 2020 to July 31, 2021

b. Ordering Period Two: August 1, 2021 to July 31, 2022

c. Ordering Period Three: August 1, 2022 to July 31, 2023

d. Ordering Period Four: August 1, 2023 to July 31, 2024

e. Ordering Period Five: August 1, 2024 to July 31, 2025

f. ESTIMATED TOTAL (Years 1-5): ______________________

7. NAMES OF PROPOSED AUTOPSY ASSISTANTS:

8. GUARANTEED MINIMUM/CEILING: The Government’s guaranteed minimum to be ordered during the fiscal year in which the contract is awarded is $1,000.00. The Government’s contract ceiling amount is $166,750.00.

9. BASIS FOR AWARD: One award will be made to the offeror whose quote represents the best value to the Government considering price and non-price factors as listed in clause 52.212-2 Evaluation-Commercial Items. Contract will be firm-fixed (unit) price by CLIN.

The Government may award a contract on the basis of initial quotes received, without exchanges. Therefore, each initial quote should contain the Offeror’s best terms from a price and technical standpoint. Instructions to Offerors on price and technical quote submissions are found under clause 52.212-1, ADDENDUM TO FAR 52.212-1 – INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS.

[END OF SCHEDULE OF SERVICES/PRICE]

B.3 STATEMENT OF WORK (SOW)

1. Contractor shall provide fully qualified autopsy assistant(s) to support the anatomic pathologists and pathology residents in the performance of an autopsy on an “as needed” basis. All work will be performed on-site at the VA facilities. In general, autopsy services cannot be scheduled in advance. As a consequence, Contractor shall have qualified personnel available at all times, including evenings, weekends and holidays in compliance with the requirements specified herein.

2. Scheduling

a. Autopsies will not begin prior to 8:00 am or after 4:30 pm, unless mutually agreed upon between the attending pathologist, pathology resident, and the autopsy assistant.

b. Most often, bodies received in the morgue with all of the appropriate paperwork prior to 12:30 pm on the day of the death will have the autopsy performed on that day. Otherwise, the autopsy will be scheduled for the following morning or day to facilitate the timely release of the body to the mortuary.

c. VA pathologists or autopsy residents will make the determination to perform or not to perform an autopsy on the day of the death.

i. If the autopsy is to occur on the day of the death, the Contractor is required shall provide a fully trained autopsy assistant to begin the autopsy within two hours of verbal (telephonic) notification.

ii. If the autopsy is not performed on the day of the death, the autopsy assistant will arrange with the VA autopsy resident or attending pathologist a mutually agreeable and reasonable time within 24 hours after death – for the autopsy.

3. General

As a minimum, Contractor’s personnel assigned to this contract shall be proficient in accomplishing the process outline below.

a. Opening the decedent body (head and trunk)

b. dissection of the body per the instructions of the VA pathologists,

c. maintenance of the gross specimens,

d. closing the decedent body, and

e. maintenance of the morgue and equipment/instruments (cleaning the area in compliance with OSHA requirements for bio-hazardous exposure).

f. Proficiency in standard practices and conformity to established protocols, including:

i. Occupational Safety and Health Administration (OSHA) requirements associated with exposure, handling and cleaning of bio-hazardous material.

ii. VA policies and procedures – available at each site – pertinent to the preparation, performance and clean-up of autopsy services.

4. Task & Duties (VA Protocols)

As a minimum, Contractor’s personnel assigned to this contract shall be proficient in the tasks and duties, as well as follow the VA protocols identified below.

a. Check the patient’s wrist identification band and toe identification tag to make certain they are in agreement with the name and social security number listed on the consent form and in the medical record (chart).

b. Place and prepare the body in the proper position on the autopsy table at the agreed upon time.

c. Check out and set out the necessary instruments.

d. Carry out the primary incision, organ and tissue removal and dissection, fluid collection with accurate measurements, and other procedures at the request and under the professional direction of the attending pathologist and/or the autopsy resident without disfigurement and with due regard for the blood vessel requirements of embalming.

e. Use power surgical instruments to remove skullcap and remove brain.

f. Remain in the morgue during the entire performance of the autopsy procedure and provide table-side manual assistance to the pathologist and resident in performing the autopsy procedure.

g. Prepare and label appropriate containers of 10% formalin fixative and place designated organs in said container.

h. Immediately after conclusion of the autopsy, contractor personnel shall:

a. Suture, wash, dry, cover, place in body bag and refrigerate the body immediately after the autopsy.

b. Thoroughly clean and disinfect the autopsy room, instruments, equipment, scales, and other contaminated and soiled items.

c. Discard bio-hazardous waste in the appropriate containers.

d. Follow safety procedures and policies for universal precautions, tuberculosis and other infectious cases, and handling of formalin.

i. Prepare a written list of items that need replenishing, repair or replacement. Leave the list where Pathologist specifies.

[End of Statement of Work]

B.4 SPECIAL CONTRACT REQUIREMENTS

1. SERVICES

a. The services specified herein may be changed by written modification to this Contract. The VA Contracting Officer will prepare the modification (reference FAR clause 52.212-4(c), Changes) and, prior to becoming effective, shall be properly executed. 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.

b. 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 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 contract is subject to Government technical oversight of the services. The Government retains the right to reject services for contractual non-performance.

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

d. Contractor is required to maintain medical liability insurance for the duration of this contract. Medical liability insurance must cover the provider for services in all states where services are rendered by the provider.

e. 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 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.

f. 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 VA will be provided by the contractor at levels mutually agreed upon which are compatible with the safety of the patient and personnel and with quality medical care programming.

g. 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 a five-year ordering period, including any exercised options. The contractor shall perform no services after expiration of the base year or any option period unless and 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 (CR) 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 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. WORK SCHEDULE

Autopsy Assistants must be available seven days a week, 365 days per year. Services will not begin before 8:00 a.m. or after 4:30 p.m.

3.1 FEDERAL HOLIDAYS

Contractor is required to provide on-call services on Federal holidays as needed.

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 subject to review by the VA Chief of Staff and approved by the VA Facility Director. 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 contract.

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

c. Personnel assigned by the Contractor shall have (2) years of college with a science background (no specific courses are required) and skills and in-depth knowledge of anatomy and proficiency in dissection techniques. Experience level preferred is having performed the above listed duties in 25 or more autopsies.

d. 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.

e. The contracted individuals will be required to show two proofs of identification on their first day of work. Acceptable proof of identification is 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

f. 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 are required or serologic evidence of immunity.

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

SPECIAL NOTICE: COVID-19

Due to the current pandemic, Contractor employees enter VHA facilities will wear a mask (either personal or facility issued). Masks must be worn in all public and patient care areas through the hospital.

Contractor employees will be screened for COVID-19, which, at a minimum, should include:

· Fever (100.4F or 38C)

· New or worsening cough or difficulty breathing

· New symptoms of COVID-19, available at: https://www.cdc.gov/coronavirus/2019-ncov/symptoms-testing/symptoms.html

Contractor’s employees screening positive shall not be allowed to enter VHA facilities

5. APPROVAL OF CONTRACTOR PERSONNEL

The VA 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 (https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=2910) or fails to perform at the proficiency level expected by the VA Facility Director.

In addition, VA 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 services. 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 veteran’s family. Standards of conduct shall mirror those prescribed by current federal personnel regulations. The Contracting Officer and the Contracting Officer’s Representative (COR) shall deal with issues raised concerning personnel’s conduct. The final decision maker on questions of acceptability is the Contracting Officer.

6. KEY PERSONNEL & PERSONNEL SUBSTITUTIONS

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 VA Bylaws, Rules and Regulations.

7. 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.

8. 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 VA as well as any other documentation that the carrying out of this Contract may require. However, the contractor is neither able to nor is the contractor required to make clinical competence determinations on behalf of the VA.

9. PERSONNEL POLICY

a. The contractor shall be responsible for protecting the personnel furnishing services under this contract. To carry out this responsibility, to the extent required by law, 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 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 Guidelines 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.

10. RECORD KEEPING SYSTEM - CONTRACTOR

Contractor must establish a record keeping system of autopsies performed.

11. MEDICAL RECORDS

Contractor’s employee will not have access to any VA system under this contract.

12. CONFIDENTIALITY OF PATIENT RECORDS

a. The contractor, as a VA provider, 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 provider 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 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 Contract, 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 as VA.

b. The records referred to above shall be and remain the property of VA and shall not be removed or transferred from 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.

13. 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). Contractor is not conducting health care services on the VA’s behalf – therefore, a BAA is required.

14. DESIGNATION OF CONTRACT REPRESENTATIVES

Names and contact information for the Contracting Officer’s Representatives (CORs) designated to represent the Contracting Officer will be provided at the time of contract award. The CORs 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. The extent and limitations of this designation will be provided in the COR Delegation Memos.

15. CONTRACT PERFORMANCE MONITORING

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

1) Hines VAH: Resident Pathologist on-call, Anatomic Pathology Department, Building 200, Room D-126, phone: 708-202-8387, Extension 21290.

2) Jesse Brown VAMC: Administrative Officer for Pathology & Laboratory Medicine Service, Anatomic Pathology Department, 4th Floor, Room #4510, phone: 312-569-6718.

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 VA 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 VA in a timely manner. The COR will be responsible for verifying Contract compliance. 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 CORs will perform periodic spot checks and document with the using service to ensure records are properly monitored. VA 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. Chief of Staff's office reviews monitoring data. An internal report is maintained monthly and provided as directed.

4. The using service, through the CORs, will provide a written statement annually to the Contracting Officer to include a summary of Contractor actions and a statement that all requirements of the contract have been fulfilled as agreed. This summary evaluation will be submitted 20 days prior to expiration of contract (and/or prior to election of any extensions, if applicable).

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

16. QUALITY ASSURANCE MONITORING

a. Copies of provider certification are also required to be submitted annually to the CORs.

b. The contractor will meet or communicate with the facility staff for process review and improvement of Contract 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: response times, quality of work and accuracy of invoicing.

PERFORMANCE MATRIX

d. Reporting Adverse Events: The contractor shall have an established program to monitor 100% of adverse events (including unusual situations in which the decedent body may be involved). The contractor shall collect and report the program information on a quarterly basis. The contractor shall notify the VA of adverse events (as defined above). 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.

17. 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 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.

18. 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.

19. 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 contract or the contract cost will be decreased accordingly during each billing cycle. Contract providers shall be responsible for reporting worked accurately. The Contractor shall be paid for actual work performed.

b. The VA agrees to reimburse the contractor for services performed, minus any deductions, monthly in arrears, upon receipt of a properly prepared invoice submitted by the contractor. Payments made by the VA under this contract 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 contract. Billings rendered by the contractor to the VA for services furnished a VA beneficiary under the terms of this contract shall be billings in full. This provision shall survive the termination or ending of the contract.

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 Contract Requirements]

B.5 CONTRACT 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 and 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 Contract 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 FY20 fees associated with Special Agreement Checks are $18.00 each.

3. SECURITY TRAINING

Due to the increased emphasis on privacy 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. All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete the following before being granted to VA information and its systems:

a. All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and its systems:

(1) Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, Appendix E relating to access to VA information and information systems;

(2) Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training;

(3) Successfully complete the appropriate VA privacy training and annually complete required privacy training; and

(4) Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system access.

b. The contractor shall provide to the contracting officer and/or the COR a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee within 1 week of the initiation of the Contract and annually thereafter, as required.

c. Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the Contract until such time as the training and documents are complete. This User Agreement contains rights and authorizations regarding my access to and use of any information assets or resources associated with my performance of services under the Contract terms with the Department of Veterans Affairs (VA). This User Agreement covers my access to all VA data whether electronic or hard copy ("Data"), VA information systems and resources ("Systems"), and VA sites ("Sites"). This User Agreement incorporates Rules of Behavior for using VA, and other information systems and resources under the Contract.

d. If providing medical services, contractor employee will attend Computerized Patient Record System (CPRS) training prior to providing any patient care services, including on-call/emergency coverage at VA. The contractor employee will document patient care in CPRS to comply with all VA and Joint Commission standards.

e. Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the Contract until such time as the training and documents are complete.

Information on fulfilling the training requirements as stated in paragraphs a-c can be found at the VA Talent Management System (TMS) at https://www.tms.va.gov/SecureAuth35/. Once there, you should follow the steps to create an account, launch the mandatory training, and complete the content. The training will provide information regarding privacy, information security, rules of behavior, and other pertinent topics relevant to your work at the VA. If you experience any difficulty creating an account or completing the mandatory content, contact the VA MSE Help Desk at 1.888.501.4917 or via email at VAMSEHelp@gpworldwide.com.

No C&A or MOU/ISA is required. Sensitive information exposure as part of this contract involves applicable security controls within the facility as part of the VA Information Security Program.

4. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

a. A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or BPA.

b. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.

c. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor’s employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination.

5. VA INFORMATION CUSTODIAL LANGUAGE

Department of Veterans Affairs is fully compliant with the HIPAA Standards for Privacy, Electronic Transactions and Security (including the…