36C25224Q0496_3.docx

36C25224Q0496

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

36C25224Q0496 10-10-2024 Becky Cincotta 414-844-4822 10-30-2024 1:00p.m.

CT

36C252 Department of Veterans Affairs Great Lakes Acquisition Center 115 South 84th Street, Suite 101 Milwaukee WI 53214-1476 X 621111 $16 Million N/A X 36C556 Captain James A. Lovell Federal Health Care Center 3001 Green Bay Road North Chicago IL 60064 Department of Veterans Affairs Great Lakes Acquisition Center 115 South 84th Street, Suite 101 Milwaukee WI 53214-1476

Department of Veterans Affairs Financial Services Center PO Box 149971 Austin TX 78714-9971 Contractor to provide Vascular-Thoracic Surgical Services for the Captain James A. Lovell Federal Health Care Center (FHCC) in accordance with the specifications, terms, and conditions contained herein.

38 U.S.C. 8153 and VAAR 873 Schedule of Services and Price begins on Page 6. The Performance Work Statement (PWS) begins on Page 8.

X X

BECKY CINCOTTA

Contracting Officer Table of Contents

D.1 ATTACHMENT A - QASP VASCULAR-THORACIC SURGICAL SERVICES .

D.2 ATTACHMENT B - IMMIGRATION AND NATIONALITY ACT CONTRACTOR CERTIFICATION.

D.3 ATTACHMENT C - SMALL BUSINESS SUBCONTRACTING PLAN.

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. CONTRACTOR 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:

Unique Entity Identifier (UEI) Number:

Federal Taxpayer Identification Number: _________________________________

b. Contractor’s CPARS Point of Contact:

Name & Title:

Telephone Number:

Email:

c. Government:

Becky Cincotta, Contracting Officer (CO) Department of Veterans Affairs Great Lakes Acquisition Center 115 South 84th Street, Suite 101 Milwaukee, WI 53214-1476

Phone: (414) 844-4822 Email: becky.cincotta@va.gov 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:

Invoices shall be submitted in monthly in arrears by the 10th day of the following month services were performed.

4. GOVERNMENT INVOICE ADDRESS: Invoicing shall be in accordance with the requirements of the Department of Veterans Affairs (VA) Financial Services Center (VAFSC); the latest information shall be used for invoicing and payments and may change during the Period of Performance of this acquisition. Current invoicing information is located at http://www.fsc.va.gov/einvoice.asp.

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

6. SECURE FAX: VA Handbook 6500 requires the following statement on all fax cover sheets be included: “This fax is intended only for the use of the person or office to which it is addressed and may contain information that is privileged, confidential, or protected by law. All others are hereby notified that the receipt of this fax does not waive any applicable privilege or exemption for disclosure and that any dissemination, distribute on, or copying of this communication is prohibited. If you have received this fax in error, please notify this office immediately at the telephone number listed above.”

7. POST AWARD ORIENTATION: The Contracting Officer may schedule a post award conference call for contract orientation purposes.

8. SUBCONTRACTING:

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 from all large business vendors in accordance with Federal Acquisition Regulation 19, unless it is determined that no subcontracting opportunities exist. The VA’s current departmental goals are:

Small business vendors must ensure compliance with the Limitations on Subcontracting.

[End of Contract Administration]

B.2 SCHEDULE OF SERVICES AND PRICE

The Contractor shall furnish all management and key personnel necessary to perform Vascular-Thoracic Surgical Services as described below in Section B.3. Performance Work Statement to eligible beneficiaries of the Captain James A. Lovell Federal Health Care Center (FHCC). The Contractor’s physicians care shall cover the range of Vascular-Thoracic Surgery services as would be provided in a state-of-the-art civilian medical treatment facility and the standard of care shall be of a quality, meeting or exceeding currently recognized national standards as established by the American Board of Thoracic Surgery, American Association for Thoracic Surgery (AATS), and/or the American Board of Surgery (ABS) as applicable, found at https://www.abts.org, https://www.aats.org/, and https://www.absurgery.org/, respectively.

Place of Performance: Clinics, surgical procedures, and call back services shall be provided on-site at the FHCC located at 3001 Green Bay Road, North Chicago, IL 60064. On-call services and tumor board participation may be performed off-site.

Period of Performance: The period of performance of the resultant contract will be for a period of one year, plus four one- year option years to extend (anticipated December 1, 2024 through November 30, 2025, with options through November 30, 2029).

Pricing Instructions: Offerors are to complete each line item number (LIN) listed in the Price Schedule for the Base year and all Option Years. Offerors are to provide fixed unit pricing in the Price Schedule below. The Contractor shall propose a pool of at least three surgeons (key personnel) to be credentialed and be available for scheduling to meet the requirements of the contract. Unit prices shall be all-inclusive.

PRICE SCHEDULE

BASE YEAR: December 1, 2024 to November 30, 2025

OPTION YEAR 1: December 1, 2025 to November 30, 2026

OPTION YEAR 2: December 1, 2026 to November 30, 2027

OPTION YEAR 3: December 1, 2027 to November 30, 2028

OPTION YEAR 4: December 1, 2028 to November 30, 2029

Total Contract Value (base and all option years): $_________________________

KEY PERSONNEL NAME NPI NUMBER

[End of Schedule of Services and Price]

B.3 PERFORMANCE WORK STATEMENT FOR VASCULAR-THORACIC SURGICAL SERVICES

1. GENERAL

1.1. Services Provided: The Contractor shall furnish all management and key personnel necessary to perform on-site Vascular-Thoracic Surgical Services to eligible beneficiaries of the Captain James A. Lovell Federal Health Care Center (FHCC).

1.2. Place of Performance: Clinics, surgical procedures, and call back services shall be provided on-site at the FHCC located at 3001 Green Bay Road, North Chicago, IL 60064. On-call services and tumor board participation may be performed off-site. Emergency services that are clinically necessary to be performed off-site are not included as part of this contract.

1.3. Authority: Title 38 U.S.C. 8153 [Health Care Resources (HCR) Sharing Authority] in conjunction with FAR Part 12 (Acquisition of Commercial Products and Commercial Services) and VAAR 873 (Simplified Procedures for Health-Care Resources).

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

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

1.4.2. VA Directive 6500: VA Cybersecurity Program

1.4.3. VA Handbook 6500: Risk Management Framework fo VA Information Systems VA Information Security Program

1.4.4. VA Handbook 6500.6: Contract Security

1.4.5. VHA Directive 1003.04: VHA Patient Advocacy

1.

1.4.3.

1.4.4.

1.4.5.

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

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

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

1.4.9. VHA Directive 1100.20: Credentialing of Health Care Providers

1.4.10. VHA Directive 1100.21: Privileging

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

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

1.4.13. VHA Directive 1605.01: Privacy and Release of Information

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

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

1.4.16. Privacy Act of 1974 (5 U.S.C. 552a) as amended: http://www.justice.gov/oip/foia_updates/Vol_XVII_4/page2.htm

1.5. Acronyms/Definitions: Terms used in this contract shall be interpreted as follows unless the context expressly requires a different construction and/or interpretation. In case of a conflict in language between the Definitions and other sections of this contract, the language in this section shall govern.

1.5.1. AATS: American Association for Thoracic Surgery: https://www.aats.org/

1.5.2. ABTS: American Board of Thoracic Surgery: https://www.abts.org/

1.5.3. ABS: American Board of Surgery: https://www.absurgery.org/

1.5.4. ACLS: Advanced Cardiac Life Support

1.5.5. BLS: Basic Life Support

1.5.6. CDC: Centers for Disease Control and Prevention

1.5.7. CEU: Certified Education Unit

1.5.8. Clinical Privileging: Clinical Privileging is the process by which a practitioner, licensed for independent practice; e.g., without supervision, direction, required sponsor, preceptor, mandatory collaboration, etc.; is permitted by law and the facility to practice independently, to provide specific medical or other patient care services within the scope of the individual’s license, based upon the individual’s clinical competence as determined by peer references, professional experience, health status, education, training and licensure. Clinical privileges must be facility-specific and provider-specific, and within available resources.

1.5.9. CME: Continuing Medical Education

1.5.10. CMS: Centers for Medicare and Medicaid Services

1.5.11. CO: Contracting Officer: The person executing this contract on behalf of the Government with the authority to enter into and administer contracts and make related determinations and findings.

1.5.12. COR(s): Contracting Officer’s Representative(s). A person(s) appointed by the CO to take necessary action to ensure the Contractor performs in accordance with and adheres to the specifications contained in the contract and to protect the interest of the Government. The COR shall report to the CO promptly any indication of non-compliance in order that appropriate action can be taken.

1.5.13. COS: Chief of Staff

1.5.14. CPARS: Contractor Performance Assessment Reporting System

1.5.15. Credentialing: Credentialing is the process of obtaining, verifying, and assessing the qualifications of a health care provider to provide care or services in or for the FHCC health care system. Credentials are documented evidence of licensure, education, training experience or other qualifications.

1.5.16. DEA: Drug Enforcement Agency

1.5.17. EHR: Electronic Health Record - electronic health record system used by the FHCC, which is currently Cerner

1.5.18. FTE: Full Time Equivalent. VA’s standard definition is for full time working the equivalent of 80 hours every two weeks, 2080 hours per year. However, providers may propose using their standard FTE definition.

1.5.19. HHS: Department of Health and Human Services

1.5.20. HIPAA: Health Insurance Portability and Accountability Act

1.5.21. ISSO: Information Systems Security Officer

1.5.22. Key Personnel: The individuals specified in this contract who are essential to work performance.

1.5.23. NPI: National Provider Identifier. NPI is a standard, unique 10-digit numeric identifier required by HIPAA. The Veterans Health Administration and FHCC must use NPIs in all HIPAA-standard electronic transactions for individual (health care practitioners) and organizational entities (medical centers).

1.5.24. POP: Period of Performance

1.5.25. PWS: Performance Work Statement

1.5.26. QA/QI: Quality Assurance/Quality Improvement

1.5.27. QASP: Quality Assurance Surveillance Plan

1.5.28. QM/PI: Quality Management/Performance Improvement

1.5.29. VETPro: is VHA’s and FHCC’s mandatory credentialing software platform to document the credentialing of VHA and FHCC health care providers. This system facilitates completion of a uniform, accurate, and complete credentials file.

1.5.30. VHA: Veterans’ Health Administration

1.5.31. VISN: Veterans Integrated Services Network

1.5.32. VISTA: Veterans Information Systems Technology Architecture

2. QUALIFICATIONS

2.1. Staff/Facility

2.1.1. License: The Contractor’s physicians assigned by the Contractor to perform the services covered by this contract shall have a current license to practice medicine in any State, Territory, or Commonwealth of the United States or the District of Columbia when services are performed on-site at FHCC property.

All licenses held by the key personnel working on this contract shall be full and unrestricted licenses. Contractor’s physicians who have current, full and unrestricted licenses in one or more states, but who have, or ever had, a license restricted, suspended, revoked, voluntarily revoked, voluntarily surrendered pending action or denied upon application will not be considered for the purposes of this contract.

2.1.2. Certifications: All Contractor’s physicians shall be Board Certified/Eligible by the American Board in one or more of the following specialties: Thoracic Surgery with noted vascular training, Vascular Surgery, or Cardiothoracic/ Cardiovascular Surgery. Physicians must be able to obtain Vascular Surgery privileges, in addition to Thoracic Surgery privileges. Additionally, all Contractor’s physicians shall hold a Basic Life Support (BLS) certification.

All continuing education courses required for maintaining certifications must be kept up to date at all times. Documentation verifying current certifications shall be provided by the Contractor to the VA CO and COR as renewed or requested.

2.1.3. Credentialing and Privileging: Credentialing and privileging is to be done in accordance with the provisions of VHA Directive 1100.20 and VHA Directive 1100.21 referenced above. The Contractor is responsible to ensure that all proposed physicians possess the requisite credentials enabling the granting of privileges. No services shall be provided by any Contractor’s physician(s) prior to obtaining approval by the Executive Committee of Medical Staff (ECOMS).

2.1.3.1. If a Contractor’s physician(s) is not credentialed and privileged or has credentials/privileges suspended or revoked, the Contractor shall furnish an acceptable substitute without any additional cost to the government.

2.1.3.2. VA reserves the right to approve the assignment of individual personnel furnished by the Contractor to perform the functions specified in the contract. The CO must be notified prior to any changes in key personnel.

2.1.3.3. An application package will be provided by facility Credentialing Coordinators and shall be completed by the providers working under this contract and returned within two weeks of receiving the application package. This includes facility-specific paperwork, curriculum vitae/resume, current references, signed release of information from candidate, licenses or certifications, BLS/ACLS certifications, statement that candidate does not have any physical or mental health condition that would adversely affect his/her ability to carry out assigned duties, and any additional requested credentialing and privileging forms or information. Providers will also be required to complete an application through the VetPro Internet process within two weeks of being enrolled in VetPro by VA personnel. The website address is: https://fcp.vetpro.org. The facility number is 556.

2.1.3.4. Due to the nature of medical services that may be required and the inability to provide in-house surgical procedures, patients may need to be transferred to a community medical facility. These services are time sensitive in many instances. Thus, it is preferred that the contractor’s physicians also hold clinical privileges at a community medical facility near the FHCC. This allows for the physician to care for the patient in emergent situations. Referrals to community medical facilities will adhere to VHA policy.

2.1.4. Technical Proficiency: Contractor’s physicians shall be technically proficient in the skills necessary to fulfill the government’s requirements, including the ability to speak, understand, read and write English fluently. Contractor shall provide documents upon request of the CO/COR to verify current and ongoing competency, skills, certification and/or licensure related to the provision of care, treatment and/or services performed. Contractor shall provide verifiable evidence of all educational and training experiences including any gaps in educational history for all Contractor’s physicians and Contractor’s physicians shall be responsible for abiding by the Facility's Medical Staff By-Laws, rules, and regulations (referenced herein) that govern medical staff behavior.

2.1.5. Continuing Medical Education (CME)/Certified Education Unit (CEU) Requirements: Contractor shall provide information pertaining to CMEs as requested by the CO or FHCC. Contractor’s physicians who are registered or certified by national/medical associations shall continue to meet the minimum standards for CME to remain current. These documents may be required for both privileging and re-privileging. Failure to provide shall result in loss of privileges for Contractor’s physician(s).

2.1.6. Training (BLS, EHR and FHCC MANDATORY): Contractor shall meet all VA/FHCC educational requirements and mandatory course requirements defined herein; all training must be completed by the contractor’s physicians as required by the FHCC. Other training may become required during the contract period, and the contractor is expected to comply. FHCC will communicate any changes to the training requirements to the contractor. Contractor shall provide copies of completion certificates to the CO and COR prior to contract performance or as retaken annually.

2.1.6.1. EHR: Contract personnel will be required participate in EHR (i.e., Cerner) training prior to providing any patient care services, including on-call coverage at FHCC. Contract personnel will document patient care in the EHR that complies with all VA and TJC standards.

2.1.6.2. Failure to complete the mandatory 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 and courses can be found at the VA TMS at https://www.tms.va.gov/SecureAuth35/. If any difficulty is experienced while 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.

2.1.6.3. The FHCC will not provide Basic Life Support (BLS) training to contract providers. Contractor is responsible for ensuring its providers obtain and maintain the required certifications prior to performance and throughout the contract period. BLS certifications shall be obtained through the American Heart Association (AHA), another organization that is recognized by the AHA, or a military treatment facility (MTF).

2.1.7. STANDARD INFECTION CONTROL MEASURES (PPD, IMMUNIZATIONS, ETC.): Contractor shall provide proof of the following for each contract physician upon request. Tests shall be current within the past year.

2.1.7.1. TUBERCULOSIS TESTING: Contractor shall provide proof of a negative Tuberculosis Skin Test (TST) or interferon-gamma release assays (IGRA) for all Contractor’s physicians. A negative chest radiographic report for active tuberculosis shall be provided in cases of positive TST or IGRA results. The TST or IGRA testing is required for each provider prior to performing services under the contract.

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

2.1.7.3. VARICELLA: Contractors shall provide proof of immunity for all Contractor physicians.

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

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

2.1.7.6. OSHA REGULATION CONCERNING OCCUPATIONAL EXPOSURE TO BLOODBORNE PATHOGENS: Contractor shall provide evidence of completing and passing generic self-study blood-borne pathogen training for all Contractor’s physicians; provide their own Hepatitis B vaccination series and hepatitis B surface antigen test results following the hepatitis B vaccination series; maintain an exposure determination and control plan; maintain required records; and ensure that proper follow-up evaluation is provided following an exposure incident.

2.1.7.7. The FHCC shall notify the Contractor of any significant communicable disease exposures as appropriate. Contractor shall adhere to current CDC/HICPAC Guideline for Infection Control in health care personnel for disease control (as published in American Journal for Infection Control - AJIC 1998; 26:289-354 at http://www.cdc.gov/hicpac/pdf/InfectControl98.pdf). Contractor shall provide follow up documentation of clearance to return to the workplace prior to their return.

2.1.8. National Provider Identifier (NPI): NPI is a standard, unique 10-digit numeric identifier required by HIPAA. The FHCC must use NPIs in all HIPAA-standard electronic transactions for individual (health care practitioners) and organizational entities (medical centers). The Contractor shall have or obtain appropriate NPI and if pertinent the Taxonomy Code confirmation notice issued by the Centers for Medicare and Medicaid Services (CMS) National Plan and Provider Enumeration System (NPPES) be provided to the Contracting Officer with the quote.

2.

2.1.1.

2.1.2.

2.1.3.

2.1.4.

2.1.5.

2.1.6.

2.1.7.

2.1.8.

2.1.9. DEA: Contractor’s physicians are required to be individually registered with the Drug Enforcement Agency (DEA) in any state. Documentation verifying current registration shall be provided by the Contractor to the CO/COR/FHCC as renewed or upon request.

2.1.9.

2.1.10. Conflict of Interest: The Contractor and all Contractor’s physicians are responsible for identifying and communicating to the CO and COR conflicts of interest at the time of proposal and during the entirety of contract performance. The Contractor shall provide a statement which describes, in a concise manner, all relevant facts concerning any past, present, or currently planned interest (financial, contractual, organizational, or otherwise) or actual or potential organizational conflicts of interest relating to the services to be provided. The Contractor shall also provide statements containing the same information for any identified consultants or subcontractors who will provide services. The Contractor must also provide relevant facts that show how it’s organizational and/or management system or other actions would avoid or mitigate any actual or potential organizational conflicts of interest. These statements shall be in response to the VAAR provision 852.209-70 Organizational Conflicts of Interest and fully outlined in response to the subject attachment in Section D of the solicitation document.

2.1.11. Citizenship related Requirements:

2.1.11.1. The Contractor certifies that the Contractor shall comply with 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 FHCC patient referrals;

2.1.11.2. While performing services for the FHCC, the Contractor shall not knowingly employ, contract or subcontract with an illegal alien; foreign national non-immigrant who is in violation their status, as a result of their failure to maintain or comply with the terms and conditions of their admission into the United States. Additionally, the Contractor is required to comply with all “E-Verify” requirements consistent with “Executive Order 12989” and any related pertinent Amendments, as well as applicable Federal Acquisition Regulations.

2.1.11.3. If the Contractor fails to comply with any requirements outlined in the preceding paragraphs or its Agency regulations, the FHCC 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 FHCC patient referrals; or other place where the Contractor provides services to beneficiaries who have been referred by the FHCC; and shall form the basis for termination of this contract for breach.

2.1.11.4. This certification concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under 18 U.S.C. 1001.

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

2.1.12. Annual Office of Inspector General (OIG) Statement: In accordance with HIPAA and the Balanced Budget Act (BBA) of 1977, the Department of Health and Human Services (HHS) Office of Inspector General (OIG) has established a list of parties and entities excluded from Federal Health Care programs. Specifically, the listed parties and entities may not receive Federal Health Care program payments due to fraud and/or abuse of the Medicare and Medicaid programs.

2.1.12.1. Therefore, Contractor shall review the HHS OIG List of Excluded Individuals/Entities on the HHS-OIG website at http://oig.hhs.gov/exclusions/index.asp to ensure that the proposed Contractor’s physicians are not listed. Contractor should note that any excluded individual or entity that submits a claim for reimbursement to a Federal Health Care program, or causes such a claim to be submitted, may be subject to a Civil Monetary Penalty (CMP) for each item or service furnished during a period that the person was excluded and may also be subject to treble damages for the amount claimed for each item or service. CMPs may also be imposed against the Contractor that employ or enter into contracts with excluded individuals to provide items or services to Federal program beneficiaries.

2.1.12.2. By submitting its quote, the Contractor certifies that the HHS-OIG List of Excluded Individuals/Entities has been reviewed and that none of the Contractor’s physicians and Contractor are not listed as of the date the quote was signed.

2.2. Clinical/Professional Performance: The qualifications of Contractor personnel are subject to review by the FHCC COS or his/her clinical designee and approval by the FHCC Director as provided in VHA Directive 1100.20 and VHA Directive 1100.21. Clinical/Professional performance monitoring and review of all clinical personnel covered by this contract for quality purposes will be provided by the facility COS and/or the Chief of the Service or his designee. A clinical COR may be appointed, however, only the CO is authorized to consider any contract modification request and/or make changes to the contract during the administration of the resultant contract.

2.3. Non-Personal Healthcare Services: The parties agree that the Contractor and all Contractor’s physicians shall not be considered FHCC employees for any purpose.

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

2.5. Prohibition Against Self-Referral: Contractor’s physicians are prohibited from referring FHCC patients to Contractor’s or their own practice(s).

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

2.7. No Employee status: The Contractor shall be responsible for protecting Contractor’s physicians furnishing services. To carry out this responsibility, the Contractor shall provide or certify that the following is provided for all its staff providing services under the resultant contract:

2.7.1. Workers’ compensation

2.7.2. Professional liability insurance

2.7.3. Health examinations

2.7.4. Income tax withholding, and

2.7.5. Social security payments.

2.8. Tort Liability: The Federal Tort Claims Act does not cover Contractor or Contractor’s physicians. When a Contractor or Contractor’s physician(s) has/have been identified as a provider(s) in a tort claim, the Contractor shall be responsible for notifying their legal counsel and/or insurance carrier. Any settlement or judgment arising from a Contractor’s or Contractor’s physician(s) action(s) or non-action shall be the responsibility of the Contractor and/or insurance carrier.

2.9. Key Personnel:

2.9.1. The FHCC Full Time Equivalency (FTE) for the services required is 0.36 FTE.

2.9.2. The minimum number of surgeons who are Board Certified/Eligible in one or more of the following specialties: Thoracic Surgery with noted vascular training, Vascular Surgery, or Cardiothoracic/ Cardiovascular Surgery required to be on site weekly is one surgeon as defined in paragraph Hours of Operation in this section.

2.9.3. The Contractor shall be responsible for providing coverage to the FHCC during periods of vacancies of the Contractor’s personnel due to sick leave, personal leave, vacations and additional coverage as required. In the event a scheduled physician is unable to complete an assigned shift, the contractor shall provide replacement physician coverage within 2 hours and notify the Contracting Office Representative (COR) immediately of the schedule change.

2.9.4. Personnel Substitutions: During the first 180 calendar days of performance, the Contractor shall make NO substitutions of key personnel unless the substitution is necessitated by illness, death or termination of employment. The Contractor shall notify the CO, in writing, within 10 calendar days after the occurrence of any of these events and provide the information required below. After 180 days, the Contractor shall submit the information required below to the CO at least 30 calendar days prior to making any permanent substitutions.

2.9.4.1. The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the CO. Proposed substitutes shall have comparable qualifications to those of the persons being replaced. The CO will notify the Contractor within 15 calendar days after receipt of all required information of the decision on the proposed substitute(s). The contract will be modified to reflect any approved changes of key personnel upon successful credentialing and completion of mandatory training and security requirements.

2.9.4.2. For temporary substitutions where key personnel will not be reporting to work, the Contractor shall identify a qualified replacement provider who is already listed in the Price Schedule as authorized key personnel to provide the required services. Any period exceeding one month will require the procedure as stated above in order for the substitute provider(s) to be added to the contract as key personnel.

2.9.4.3. The Government reserves the right to refuse acceptance of any Contractor personnel at any time after performance begins, if personal or professional conduct jeopardizes patient care or interferes with the regular and ordinary operation of the facility. Breaches of conduct include intoxication or debilitation resulting from drug use, theft, patient abuse, dereliction or negligence in performing directed tasks, or other conduct resulting in formal complaints by patient or other staff members to designated Government representatives. Standards for conduct shall mirror those prescribed by current federal personnel regulations. Should the FHCC COS or designee show documented clinical problems or continual unprofessional behavior/actions with any Contractor’s physician(s), s/he may request, without cause, immediate replacement of said Contractor’s physician(s). The CO and COR shall deal with issues raised concerning Contractor’s physician(s) conduct. The final arbiter on questions of acceptability is the CO.

2.9.4.4. Contingency Plan: Because continuity of care is an essential part of the facility’s medical services, the Contractor shall have a contingency plan in place to be utilized if the Contractor’s physician(s) leaves Contractor’s employment or is unable to continue performance in accordance with the terms and conditions of the resulting contract.

3. FHCC HOURS OF OPERATION/SCHEDULING

3.1. FHCC Business Hours: The normal administrative hours of the FHCC Surgery Services are 8:00 a.m. to 4:30 p.m. Central Time, Monday through Friday, excluding federal holidays.

3.2 Patients must be seen by a Contractor’s physician on-site at the FHCC in a timely manner in accordance with the facility medical staff by-laws on clinic wait times and consult completion. Contractor shall notify the COR at least monthly about any obstacles to meeting this performance measure.

3.3 Contractor’s physicians shall be available and present in their assigned areas as indicated below, which may be revised, as deemed appropriate for patient care via contract modification.

3.3.1. Clinic: There is a requirement for 11 clinic hours at FHCC per week. The exact days and times will be mutually agreed upon between the contractor’s physician and FHCC Surgical Department after the contract is awarded.

3.3.2. Surgical Procedures/Call Back: Surgical procedures will be performed at the FHCC. Contractor physicians shall be available to the FHCC to either perform or assist in vascular, thoracic, or other surgical procedures when appropriate and within privileges. Surgical procedures will be scheduled as mutually agreed upon by the Contractor’s physician and FHCC Surgical Department. Post-operative care and follow-up outside of scheduled clinic hours shall be treated as call-back.

3.3.3. On-Call Coverage: Contractor must make the Contractor’s physician(s) available on-call during all hours [24/365(6)] when not providing services on-site at the FHCC, including evenings, weekends and federal holidays. On-call contractor’s physicians must be available at all times for phone consultations with FHCC residents and physicians. The on-call providers must be available within 20 minutes by phone and on-site within 60 minutes of notification. Phone consultations are included as part of on-call services and are not separately reimbursed. It is highly preferred that the contractor’s physicians do not provide concurrent call for the FHCC and another entity, but it is not prohibited. Contractor shall make every effort to provide a back-up provider for on-call coverage.

3.4 Federal Holidays: The 11 following holidays are observed by the FHCC:

· New Year’s Day (January 1st)

· Birthday of Martin Luther King, Jr. (3rd Monday in January)

· Washington’s Birthday (3rd Monday in February)

· Memorial Day (last Monday in May)

· Juneteenth National Independence Day (June 19th)

· Independence Day (July 4th)

· Labor Day (1st Monday in September)

· Columbus Day (2nd Monday in October)

· Veterans Day (November 11th)

· Thanksgiving Day (4th Thursday in November)

· Christmas Day (December 25th)

· Any other day specifically declared to be a national holiday by the President of the United States. Note: in these instances, the FHCC Surgical Department will make the determination whether or not to require contract services, and if so, which specialties.

· 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.

3.5 Cancellations: Unless a state of emergency has been declared or services are otherwise cancelled by the VA, the Contractor shall be responsible for providing services.

4. CONTRACTOR RESPONSIBILITIES

4.1 Clinical Personnel Required: The Contractor shall provide physicians who are competent, qualified per this performance work statement, adequately trained to perform assigned duties, and have the requisite security clearance, identification, and computer access.

4.1.1 Contractor’s physicians shall be responsible for signing in and out when in attendance. Time sheets will be used by the COR to confirm hours/day and services provided against the contractor’s invoices.

4.1.1.1 Timesheets: Contract physicians will be required to sign-in/sign-out (including ½ hour non-paid lunch when more than 6 consecutive hours are worked), identifying arrival and departure times from the FHCC. All contract physicians included in this contract will have individual timesheets. The timesheets will be located in the FHCC Surgical Service and will be used to document the physician’s on-site attendance and hours worked. The timesheet will be available 24 hours per day. The Contractor shall develop its own system to keep track of the hours worked for each line item in the Price Schedule. The COR will reconcile the submitted contractor invoices with FHCC records. Monthly invoices shall reflect actual hours worked. Timesheets for on-site services should be completed to the nearest 15-minute increment.

4.1.2 Contractor’s physicians are required to obtain and maintain a current Personnel Identity Verification (PIV) card as well as FHCC network access for the duration of the contract period. Contractor’s physicians will be required to login to the FHCC network at least once every 30 days. In order to assist physicians with compliance of this requirement, Citrix Access Gateway (CAG) access may be requested by the physician. Contractor’s physicians must access a program such as Microsoft Word, Excel, Outlook, or the EHR at least once in a 30-day period. Contractor’s physicians who do not log into the FHCC network at least once in a 30-day period will lose computer access, and a new access request must be submitted by the FHCC Surgical Services staff. Contractor’s physicians who lose computer access are unable to provide services required under the contract until access is restored. Contractor’s failure to provide personnel with the required network accesses will not be excused from non-performance. It is the Contractor’s responsibility to ensure its staff maintain current (non-expired) PIV cards and network access.

4.2 Standards of Care: The Contractor’s physicians’ care shall cover the range of Vascular-Thoracic Surgical Services as would be provided in a state-of-the-art civilian medical treatment facility and the standard of care shall be of a quality, meeting or exceeding currently recognized national standards as established by:

4.2.1 ABTS: American Board of Thoracic Surgery: https://www.abts.org/

4.2.2 AATS: American Association of Thoracic Surgery:…