36C25223Q0257.docx

36C25223Q0257

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE

DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a.

PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

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

SEE

ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

26.

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

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212

-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNAT

URE OF OFFEROR/CONTRACTOR

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

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

36C25223Q0257 02-06-2023 Patrice Bond 414-379-2540 02-24-2023 12:00

CST

36C252 Department of Veterans Affairs Great Lakes Acquisition Center (GLAC) 115 S 84th Street, Suite 101 Milwaukee WI 53214-1476 X 621999 $18 Million N/A X 36C607 Department of Veterans Affairs Edward Hines Jr. VA Hospital 5000 South Fifth Avenue Hines IL 60141 36C252 Department of Veterans Affairs Great Lakes Acquisition Center (GLAC) 115 S 84th Street, Suite 101 Milwaukee WI 53214-1476

Department of Veterans Affairs Financial Services Center PO Box 149971 Austin TX 78714-9971 877-353-9791 512-460-5540 Contractor to provide Intraoperative Neurophysiologic Monitoring (Neuromonitoring) Services to the Edward Hines Jr. VA Hospital in accordance with the specifications, terms and conditions contained herein.

38 U.S.C. 513 X X

ONE

Patrice R. Bond

VA-VHA-2021-A7809028

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

36C25223Q0257

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1. CONTRACT ADMINISTRATION MATTERS WILL BE HANDLED BY:

B.1 CONTRACT ADMINISTRATION DATA

a. Contractor’s Name/Address/City-State-Zip (please print or type):

Point of Contact/Title: ____________________________________________ Telephone Number: ______________________________________________ Fax Number: ___________________________________________________ Email: ________________________________________________________ Unique Entity ID: ____________________ Federal Taxpayer Identification Number: _____________________________

b. Contractor’s CPARS Point of Contact:

Name & Title: ___________________________________________________ Telephone Number: ______________________________________________ Email: _________________________________________________________

c. Government:

Patrice Bond Carrie DeSwarte Contracting Officer Contract Specialist

(414) 379-2580 (414) 844-4845 Patrice.Bond@va.gov Carrie.Deswarte@va.gov

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 Network customer service may be contacted at 877-489-6135.

The invoice sent to Tungsten Network shall reference the vendor name and address, customer name, contract number, appropriate obligation/funding order number, description of services provided, date of service (DOS); unit price and total invoice cost. Invoices shall also include any payment discount terms.

For questions regarding invoice receipt or payment, please call VAFSC directly at 877-353-9791. Payments shall be made monthly in arrears upon receipt of a properly prepared invoice.

4. SUBCONTRACTING GOALS (applies to large business prime contractors):

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

5. POST AWARD CONFERENCE CALL: The Contracting Officer will schedule a post award meeting for contract orientation purposes.

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

[End of Contract Administration Data]

B.2 SCHEDULE OF SERVICES / PRICE

AUTHORITY: This procurement was conducted under the authority of 38 U.S.C. 513, Contracts and Personal Services. This acquisition is being processed under the authority of FAR 13.5 Simplified Procedures for Certain Commercial Items and, therefore, utilized simplified procedures for soliciting competition, evaluation, award documentation, and notification. Contractor shall provide Services in accordance with the specifications, terms, and conditions contained herein.

PURPOSE: Contractor shall provide intraoperative neurophysiological monitoring (IONM) services for the Edward Hines Jr. VA Hospital (VAH) located at 5000 S. 5th Avenue, Hines, IL 60141. IONM services will be required intermittently on an as-needed basis to support Hines VAH surgeries and are priced to include contractor-owned IONM equipment maintained in optimum condition, qualified contractor technicians and VA-accepted contractor neurologists as specified herein.

CONTRACT/ORDERING PERIOD: The resultant contract shall consist of a five-year ordering period, Indefinite Delivery, Indefinite Quantity contract with an anticipated start date of May 15, 2023.

GENERAL ORDERING AUTHORITY: The Contracting Officer will provide a list of individuals authorized to place requests (orders) with the contractor for services required under this contract. An order is deemed placed when the authorized Government personnel places the call to the contractor to order the services. Orders for IONM services are typically scheduled 72 hours or more in advance on an intermittent, as-needed basis by authorized Hines VAH clinical or administrative personnel. Emergency scheduling may occur as specified herein.

Ordering Officers (OOs) may be authorized to place orders against this contract. If used, the Contracting Officer (CO) will furnish the Contractor with the names of individuals authorized as OOs, by separate memorandum. When OOs are added after award, the CO will furnish the Contractor with the names of individuals authorized as OOs, by memorandum upon OO appointment. OOs are responsible for issuing and administering orders placed under this contract. OOs have no authority to modify any term of this basic contract. Any deviation from the terms of the basic contract must be approved in writing by the CO responsible for this contract. The Contractor shall accept orders against this contract only from the CO and/or authorized OOs. Fulfilling orders from persons other than the CO or OO may result in loss or delay in payment for supplies/services provided under such orders.

CANCELLATION: The Government may cancel an order without penalty two (2) or more hours prior to the arrival of technician at the Hines facility. Contractor may assess a cancellation fee should orders not meeting the above-stated criteria order be canceled. If Contractor’s standard cancellation policy differs from Hines’ policy stated herein, Contractor must so state – and provide its alternative for consideration by the VA – in its technical submittal to this solicitation.

GOVERNMENT’S MINIMUM & MAXIMUM QUANTITY: The awarded contract will be a Fixed (unit) price, Indefinite Delivery, Indefinite Quantity contract. The VA attempts to be as accurate as possible when providing estimated quantities; however, actual quantities may vary from quantities as listed in the Price Schedule. The Government’s guaranteed minimum to be ordered during the fiscal year in which the contract is awarded is $2,000.00. The contract ceiling shall not exceed $1,821,000.00.

PRICING: The quantities in the Price Schedule are estimates only. Contract will be paid only for actual services performed. Contractor shall provide unit pricing for all line items on the Price Schedule in order to be eligible for contract award.

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 fixed (unit) price by LIN.

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.

Price Schedule Year 1: May 15, 2023 through May 14, 2024

Year 2: May 15, 2024 through May 14, 2025

Year 3: May 15, 2025 through May 14, 2026

Year 4: May 15, 2026 through May 14, 2027

Year 5: May 15, 2027 through May 14, 2028

Pricing is all inclusive (travel, lodging, per diem, etc.)

Total Estimated Contract Value: $

PROPOSED KEY PERSONNEL

List names of Neurologist(s)/Neurophysiologic Physician(s) submitted for performance under this contract.

List names of Medical Instrument Technicians (MITs) submitted for performance under this contract.

[End of SCHEDULE OF SERVICES / PRICE]

B.3 STATEMENT OF WORK (SOW)

Contractor shall provide intraoperative neurophysiologic monitoring (IONM) services in support of Hines VA Hospital (VAH) surgeries. This shall include, but not be limited to, all equipment (including monitoring devices), supplies, and labor – e.g., the (on-site) qualified technician and (off-site) qualified and VA-approved neurologist/ neurophysiologic physician – required to perform IONM services as specified herein.

1. DEFINITIONS

1. Unit Price: All-inclusive rate for covered surgeries supported by intraoperative neurophysiologic monitoring (IONM) services. It includes qualified contractor technician utilizing contractor-owned and maintained IONM equipment specific to the covered surgery being supported. Contractor technician shall be teamed with remote contractor neurologist performing data evaluation in support of a VA surgeon in an Operating Room (OR) environment per the requirements, terms and conditions stated herein.

1. Covered Surgeries: Any surgery for which VA surgeon requests scheduling of IONM service support. Surgeries covered under this contract include:

i. Spinal

ii. Otylaryngeal (ENT)

iii. Cranial

iv. Vascular

v. Peripheral nerve

1. Case: Elements of the covered surgeries anticipated (spinal) are expressed via Current Procedural Terminology (CPT) Codes representative of a “typical case” and are delineated under 6. CPT CODES, below. A case is estimated to be five (5) hours in duration, regardless of nature of the surgery.

1. Team: One contractor technician and one neurologist assigned to a case. Teams may only consist of members that have been previously approved for performing under this contract and are identified under B.2 SCHEDULE OF SERVICES / PRICE, KEY PERSONNEL, above.

1. Patient Monitoring Data/Documentation: The hard copy record of real time neurological monitoring data captured throughout the surgery and printed from contractor equipment for inclusion in patient’s medical records.

2. GENERAL SCOPE

The majority of services shall be performed during standard business hours Monday through Friday between 8:00 a.m. and 4:30 p.m. Surgeries requiring IONM services scheduled for later in the day may extend beyond standard business hours. In those instances, contractor shall provide IONM services through completion of the surgery. Emergency services may be required during off duty hours – Monday through Friday between 4:31 p.m. 7:59 a.m.; weekends and federal holidays identified under B.4 SPECIAL CONTRACT REQUIREMENTS, Item 3 FEDERAL HOLIDAYS, below. As concurrent and/or overlapping surgeries are occasionally required, Contractor shall have a minimum of two (2) approved neurologists and six (6) qualified technicians on staff and available for scheduling 24/7/365.

Contractor shall support the Hines VAH Surgery Service case load and provide IONM/neuromonitoring services as specified herein. Contractor shall contact the Operating Room (OR) front desk for approval to enter the OR and Healthcare Technology Management (HTM) –- previously Biomedical Engineering – for equipment check-in. “Report to” locations are offered below.

3. EQUIPMENT

Contractor furnished equipment – hardware, software, disposables, peripherals, instructions and manuals required to support monitoring equipment – shall be free from defects and maintained in optimum working condition at no additional charge to the Government. Contractor will perform all preventive maintenance, routine servicing and quality control of all IONM equipment used in performance of this contract to ensure and maintain maximum accuracy and operation. Contractor shall complete Engineering (HTM) incoming inspection prior to each scheduled operation. Incoming inspection for non-emergent cases must be completed the day before surgery, Monday through Friday 7:00 a.m.-3:00 p.m., or the day of surgery and brought to HTM by 7:00 a.m. Incoming inspection for emergent cases shall be upon technician’s arrival at the VA facility.

Contractor technicians shall be proficient in the use of a variety of IONM equipment – manufacturers and/or models different from those offered by contractor. This versatility will enable contractor to support instances when contractor IONM technician and neurologist are required but contractor equipment is either not available or not preferable to the Hines VAH physician performing the surgery. Government-owned equipment provided shall meet industry standards for the nature of the surgery(ies) supported and will be comparable contractor-owned equipment.

4. MAINTENANCE

Contractor will perform all preventive maintenance and quality control of all contractor-owned equipment used in performance of this contract to ensure and maintain maximum accuracy and optimum performance. Proper documentation of maintenance results and corrective action taken, as necessary, must be available to the Government.

a. MEDICAL SERVICES Contractor shall provide services that include KEY PERSONNEL possessing expertise in the neurophysiologic monitoring of all aspects of surgeries identified herein. Contractor shall assign a team of personnel to each case. A minimum of two (2) teams shall be available to perform under this contract 24/7/365. Each team shall consist of the personnel identified below.

0. One (1) qualified technician proficient in set-up, basic maintenance and use of IONM equipment in an OR setting.

0. One (1) qualified remote neurologist proficient in interpretation of neurologic data transmitted by on-site contractor technician and equipment, preferably dedicated to one scheduled surgery/case at a time.

NOTE: Although not preferred, contractor neurologists may, at contractor’s discretion and best medical judgment, support concurrent and/or overlapping surgeries.

b. SCHEDULING/CUSTOMER SUPPORT

1. Contractor shall provide process/protocols for scheduling IONM services defined below. Contractor shall ensure 24/7/365 (including weekends and holidays) access to KEY PERSONNEL, listed under B.2, SCHEDULE OF SERVICES / PRICE above, for performance under this contract.

I. Non-emergent: Contractor shall provide IONM services as requested by the facility 48 hours or more in advance of scheduled surgery(ies).

II. Emergent: Contractor shall provide IONM services to support emergency surgery(ies) within two (2) hours of request by the facility.

III. Concurrent: Contractor shall provide IONM services for up to three (3) concurrent cases during normal business hours.

1. Contractor must provide its written contingency plans that cover emergencies, unexpected events, and assigned KEY PERSONNEL MITS located outside a 4-hour driving perimeter of Hines VAH.

1. Contractor shall provide direct line phone numbers bypassing menus, recorded messages, etc., allowing authorized Government personnel immediate access to contractor scheduling and/or customer service personnel 24/7/365. Authorized Hines VAH clinical or administrative personnel will email or call the contractor at least 48 hours prior to the surgery, or at least 2 hours prior to an emergent surgery to schedule IONM Services. Voice/live response to customer calls shall not exceed thirty (30) seconds.

5. DOCUMENTATION (EEG/EMG) & LOSS OF SIGNAL

The technician will alert the VA Surgeon if a signal change appears during monitoring. The Surgeon will try to reverse the cause of the signal change; if successful, the surgery will proceed. If the technician alerts the Surgeon to a severe signal change, the surgery may be aborted. If the Surgery is aborted or there is an adverse event, the remote neurologist shall mail a copy of the After-Action Report (AAR) to Edward Hines Jr Hines VA Hospital, Attn: Neurosurgery Chief, 5000 S. Fifth Avenue, Hines, IL 60141 within 24 hours of the surgery.

6. CPT CODES (calculated for an average 5-hour surgery) Contractor shall, for each unit priced, provide services typically represented by the CPT Codes as described below.

CPT Code Code Description

NOTE: The majority of scheduled surgeries above will be spinal surgeries. Typical surgeries require four to six (4-6) hours or an average of five (5) hours. The above CPT codes represent a typical case; however, additional CPT codes may be used depending on the nature of the surgery. Each surgery, due to length, may be represented by some CPT codes multiple times. CPT codes and descriptions are offered in the table above.

[End of STATEMENT OF WORK (SOW)]

B.4 SPECIAL CONTRACT REQUIREMENTS

1. SERVICES

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

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(s) who furnish services under this contract is/are 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(s) for services in all states where services are rendered by the provider and updated certification submitted to CO upon renewal.

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 (CO) informed of any unusual circumstances in conjunction with the contract.

h. Contractor shall not, under any circumstances, furnish reports directly to patients.

2. TERM OF CONTRACT

This contract is effective for an ordering period of five (5) years from the effective date of award. The contractor shall perform no services until the CO authorizes such services in writing.

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

3. FEDERAL HOLIDAYS

Contractor will be required to provide services on Federal holidays, as scheduled by patient registration data.

The 11 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), Juneteenth Day (June 19th), 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 CONTRACTOR/CONTRACTOR PERSONNEL

Personnel assigned by the contractor to perform the services covered by this contract must meet basic minimum criteria/qualifications of contractor and:

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

b. Contractor IONM Technicians shall have met all educational requirements, as well as specialized training on IONM monitoring equipment.

c. Contractor neurologist(s)/neurophysiologic physician(s) must be board certified or board eligible physicians with an emphasis—e.g., specialty, internship, fellowship, etc.-- in Neurology and/or specialized training in Neurophysiology, Intraoperative neurophysiology/neuromonitoring, or Electromyography.

d. Contractor Medical Instrument Technicians (MITs) must possess, as a minimum, an Associate of Arts (A.A.) Degree from an accredited college or university.

e. Contractor MITs must be Certified in Neurophysiologic Intraoperative monitoring (CNIM) or equivalent by the American Board of Registration of Electroencephalographic and Evoked Potential Technologists (ABRET).

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

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

h. The contracted individual(s) will be required to show two (2) proofs of identification whenever accessing the Hines VA facility. Acceptable proofs of identification are listed below.

Acceptable PICTURE IDs:

· State-Issued Drivers 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

i. Physical Requirements: The contractor must provide documentation that demonstrates that all contractor IONM Technicians named herein have a satisfactory health status including a current physical, which includes a current TB test and Hepatitis B vaccination. Proof that a two-step tuberculosis skin testing is up-to-date must be received prior to starting work at the VA. If the provider has had a negative test within the past 12 months, a single step test will be done. In both instances, documentation must be received prior to starting. Contractor must also provide documentation that demonstrates that the contractor employee has a history of chicken pox, varicella vaccine, or a positive immune status for Varicella and has non-restricted physical ability to perform assignments.

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 throughout the Influenza season in any VHA location, including both clinical and non-clinical areas. In additional the mask shall be worn during performance of their assigned duties and responsibilities. Contract employees in violation of this requirement may be removed from the providing services under the contract/task order.

SPECIAL NOTICE: COVID-19 & MASKING REQUIREMENTS

Due to the current pandemic, Contractor employees who enter VHA facilities shall comply with published CDC guidance for masking and physical distancing, and other guidance per the facility. Contractor employees may be screened for COVID-19, and if results are positive for COVID-19, they shall not be allowed to enter VHA facilities.

I. VHA SUPPLEMENTAL CONTRACT REQUIREMENTS FOR ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL CONTRACTORS

1. Contractor employees who work in or travel to VHA locations must comply with the following:

a. Documentation requirements:

1. If fully vaccinated, shall show proof of vaccination.

i. NOTE: Acceptable proof of vaccination includes a signed record of immunization from a health care provider or pharmacy, a copy of the COVID-19 Vaccination Record Card (CDC Form MLS-319813_r, published on September 3, 2020), or a copy of medical records documenting the vaccination.

2. If unvaccinated, contractors shall show negative COVID-19 test results dated within three calendar days prior to desired entry date. Test must be approved by the Food and Drug Administration (FDA) for emergency use or full approval. This includes tests available by a doctor’s order or an FDA approved over-the-counter test that includes an affiliated telehealth service.

3. Documentation cited in this section shall be digitally or physically maintained on each contractor employee while in a VA facility and is subject to inspection prior to entry to VA facilities and after entry for spot inspections by Contracting Officer Representatives (CORs) or other hospital personnel.

4. Documentation will not be collected by the VA; contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

2. Contractor employees are subject to daily screening for COVID-19 and may be denied entry to VA facilities if they fail to pass screening protocols. As part of the screening process contractors may be asked screening questions found on the COVID-19 Screening Tool. Check regularly for updates.

a. Contractor employees who work away from VA locations, but who will have direct contact with VA patients shall self-screen utilizing the COVID-19 Screening Tool, in advance, each day that they will have direct patient contact and in accordance with their person or persons who coordinate COVID-19 workplace safety efforts at covered contractor workplaces. Contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

3. Contractor must immediately notify their COR or Contracting Officer if contract performance is jeopardized due to contractor employees being denied entry into VA Facilities.

5. CONTRACTOR’S FACILITY(IES)

A change in contractor’s location, website access, customer service/support, registration or bill to/pay to address(es) or other elements affecting performance under this contract shall be promptly reported to the Contracting Officer.

6. CREDENTIALING & PRIVILEGING – IONM CLINICIANS

Credentialing and Privileging of contractor remote clinicians for IONM is not currently required. Contractor shall, however, provide documentation equivalent to that required by the solicitation as specified by the CO for VA review when submitting substitute candidates under this contract. Documentation required will be pertinent to contract requirements and designed to ensure contractor personnel possess appropriate qualifications including education, training, experience, current licenses and/or certifications and performance record. Names of contractor personnel approved by the VA for performance under this contract are contained under Section B.2, SCHEDULE OF SERVICES / PRICE, KEY PERSONNEL, above.

7. 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 (http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=1806) 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 Surgery Service or Chief of Staff.

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 care. Breaches of conduct include intoxication or debilitation resulting from drug use, theft, patient abuse, dereliction or negligence in performing directed tasks, physical or verbal abuse, or other conduct resulting in formal complaints by the patient(s). Standards of conduct shall mirror those prescribed by current federal personnel regulations. The Contracting Officer and the Contracting Officer’s Representative shall deal with issues raised concerning contract personnel’s conduct. The final decision maker on questions of acceptability is the Contracting Officer. The final decision maker on questions of acceptability is the Contracting Officer.

VA reserves the right to approve the assignment of any and all personnel furnished by the Contractor to perform the functions specified in this contract. The Contractor shall notify the Contracting Officer prior to any changes in personnel.

8. KEY PERSONNEL & PERSONNEL SUBSTITUTIONS

It is essential that continuity of services be maintained to the maximum extent possible. Changes in contractor’s key personnel shall be kept to a minimum necessary to continue required performance and to provide adequate back-up personnel. The Contractor shall assign the key personnel to this contract, providing full name and credentials/specialty under Section B.2 SCHEDULE OF SERVICES / PRICE, above.

During the first ninety (90) days, the Contractor shall make NO substitutions of key personnel unless it is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer, in writing, within 15 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.

a. The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, equivalent documentation for the proposed substitutes as required for submittal of KEY PERSONNEL contained under Section B.2, SCHEDULE OF SERVICES AND PRICE, 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 calendar days after receipt of all required information of the decision on the proposed substitutes. The contract will be modified to reflect any approved changes of key personnel.

b. For temporary substitutions where the key person will not be reporting to work for three (3) consecutive workdays or more, the Contractor will provide a qualified replacement for the key person. This substitute shall have comparable qualifications to the key person. Any period exceeding two weeks will require the procedure stated above.

9. 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 (www.hhs.gov/oig) for each person providing services under this contract. The parties and entities assigned by contractor to perform under this contract 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 identified by contractor to work under this contract have been compared against the OIG list and are NOT listed as of the date the offer was signed.

10. JOINT COMMISSION STANDARDS

Joint Commission accreditation, although not required, is preferred. 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 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 not able to nor is the contractor required to make clinical competence determinations on behalf of the VA.

11. PERSONNEL POLICY

1. Contractor shall be responsible for protecting its personnel furnishing services under this contract. To carry out this responsibility, to the extent required by law, the contractor shall provide the following for its employees:

· Workers compensation

· Professional liability insurance

· Health examinations

· Income tax withholding, and

1. Social security payments.

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

1. 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.

12. RECORD KEEPING – CONTRACTOR

Contractor must establish a record keeping system of Government patients by referring facility (customer account number); type/duration of monitoring, accurate diagnoses and billing/payment. These records shall not be comingled with other customer records and must be available to the Contracting Officer (CO) or the Contracting Officer Representative (COR) of any facility covered by this contract upon request within three (3) business days.

13. MEDICAL RECORDS

Medical records of Government patients monitored by contractor under this contract belong to the Government and contractor personnel will not have access to those records. Contractor shall retain all patient monitoring documentation in a secure electronic format as required and provide copies of patient monitoring documentation, if requested by authorized VA personnel. That data will be retained for no less than ten (10) years made available to VA authorized personnel within three (3) business days at no charge.

Clinical or other medical records of VA veteran patients monitored by Contractor under this contract are VA records and will be mailed to the VA at no additional cost. Mail shall be sent in accordance with VA Directive 6609, Mailing of Sensitive Personal Information. Contractor may obtain a copy of VA Directive 6609 at the following website: http://www1.va.gov/vhapublications/index.cfm. Data gathered by contractor devices and resulting reports generated by contractor personnel in the performance of this contract belong to contractor.

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

a. The contractor is a Government 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 Government 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 Government contractor for the following provisions: Title 38 U.S.C. 5701, 5705, and 7332, relative to the generation of patient medical data and resulting reports relayed to the Government facilities to provide diagnostic assistance. Contractor will not have access to patient medical records including patient treatment records to perform its contractual responsibilities.

b. The records referred to above shall 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.

15. 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 performing Intraoperative Neurophysiologic Monitoring (IONM) Services; therefore, the Contractor is not required to enter into a Business Associate Agreement (BAA) with the VA.

16. DESIGNATION OF CONTRACT OFFICER REPRESENTATIVE (COR)

The name and contact information for the Contracting Officer Representative (COR) designated to represent the Contracting Officer (CO) will be provided upon contract award. The COR will furnish technical guidance and advice regarding the work being performed under this contract. The foregoing is not to be construed as authorization to interpret or furnish advice and information to the contractor relative to the financial or legal aspects of the contract. Enforcement of these segments is vested in and is the responsibility of the Contracting Officer. The extent and limitations of this designation will be provided in the COR Delegation Memo.

17. CONTRACT PERFORMANCE MONITORING

Monitoring of Contractor’s performance shall be demonstrated through clinical and administrative record reviews. Contracting Officer Representative (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:

a. 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. Any incidents of Contractor noncompliance as evidenced by the monitoring procedures will be forwarded immediately to the Contracting Officer.

b. 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 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.

c. Chief of Staff's office reviews monitoring data. An internal time-keeping form is maintained and reviewed for total number of cases worked per month.

d. The using service, through the COR, will provide a written statement annually to the Contracting Officer to include a summary of Contractor actions and a statement that all requirements of the contract have been fulfilled as agreed. This summary evaluation will be submitted 45 days prior to expiration of contract (and/or prior to election of option year renewals, if applicable).

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

18. QUALITY ASSURANCE MONITORING

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

b. Copies of provider licensure are also required to be submitted annually to the COR.