36C25518Q0329-001.docx

36C25518Q0329

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

36C25518Q0329 04-02-2018 Applegate, William; william.applegate@va.gov 913 946-1113 04-30-2018

4PM CST

36C255 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Leavenworth KS 66048 X X 561320 $27.5 Million X N/A X 36C255 Department of Veterans Affairs Network Contracting Office (NCO) 15 345 S. 4th Street Leavenworth KS 66048 36C255 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Leavenworth KS 66048

36C255 Department of Veterans Affairs Financial Services Center http://www.fsc.va.gov/einvoice.asp Austin TX 877-353-9791 512-460-5429 See CONTINUATION Page Under the authority of Public Law 104-262, 38 U.S. C. 8153 the contractor is to provide non-personal health care resources in accordance with the terms and conditions stated herein.

The contractor is to provide one (1) FTE board certified/ board eligible licensed Psychiatrist Physician in accordance with the Performance Work Statement. Services are to be furnished for the Poplar Bluff VA Medical Center located in Poplar Bluff, MO.

Price schedule is located on page 6.

X X X William I. Applegate Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

(continuation from Standard Form 1449, block 18A.)

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C255 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street

Leavenworth KS 66048

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

Department of Veterans Affairs Financial Services Center http://www.fsc.va.gov/einvoice.asp

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

36C25518Q0329

B.4 SCHEDULE OF SERVICES

1. SCHEDULE OF SERVICES

1.1. Purpose

The Contractor shall provide one (1) FTE Psychiatrist Physician services described herein to eligible beneficiaries of the Department of Veterans Affairs and the John J. Pershing VA Medical Center, Poplar Bluff, MO (hereinafter referred to as Poplar Bluff VAMC). The contractor (s)’ physician shall cover the range of psychiatry services as would be provided in a state-of-the-art civilian medical treatment facility and the standard of care shall be of quality, meeting or exceeding currently recognized national standards as established by: American Psychiatric Association Practice Guidelines : http://www.apa.org/practice/guidelines/index.aspx

1.2. Place of Performance

1.2.1 Services shall be provided on site, at Poplar Bluff VAMC, 1500 North Westwood Blvd., Poplar Bluff, MO 63901.

1.3. Pricing Instructions

1.3.1 The offeror is instructed to price the contract line item number (CLIN.

1.4. Contract Minimum and Maximum

1.3.1. This will be a multiple award Indefinite Quantity, Indefinite Delivery (IDIQ) contract. In accordance with FAR Clause 52.216-22, Indefinite Quantity, the overall minimum number of hours is 40 hours and the overall maximum number of hours for all awarded contracts will not exceed 6240 hours and cannot exceed $1,499,999.00.

One FTE is defined by VA as a minimum of 80 hours every two weeks and does not include holidays.

Period of Performance: BASE YEAR: June 4, 2018 to June 3, 2019

Annual Cost

KEY PERSONNEL

TOTAL FOR BASE

OPTION YEAR 1: June 4, 2019 to June 3, 2020

Annual Cost

TOTAL FOR Option Year 1

OPTION YEAR 2: June 4, 2020 to June 3, 2021

Annual Cost

TOTAL FOR Option Year 2

Hours

Total for base performance period and all option years: $_________________________

B.5 PERFORMANCE WORK STATEMENT

Onsite Psychiatric Physician Services

1. GENERAL:

1.1. Services Provided: The Contractor shall provide on-site psychiatric physician services in accordance with the specifications contained herein to beneficiaries of the Department of Veterans Affairs (VA) and Poplar Bluff VAMC, Poplar Bluff, MO.

1.2. Place of Performance – Poplar Bluff VAMC, 1500 North Westwood Blvd., Poplar Bluff, MO 63901.

1.3. Authority: Title 38 USC 8153, Health Care Resources (HCR) sharing Authority. FAR Part 12 and 13, and VAAR 873.

1.4. Policy/Handbooks:

1.4.1. VHA Directive 2006-041 “Veterans’ Health Care Service Standards” (expired but still in effect pending revision)

1.4.2. https://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=1443

1.4.3. VHA Handbook 1100.17: National Practitioner Data Bank Reports - http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=2135

1.4.4. VHA Handbook 1100.19 Credentialing and Privileging - http://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=2910

1.4.5. VHA Handbook 1907.01 Health Information Management and Health Records: http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=2791

1.4.6. 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. Definitions/Acronyms- 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. BLS: Basic Life Support

1.5.2. CDC: Centers for Disease Control and Prevention

1.5.3. CDR: Contract Discrepancy Report

1.5.4. CMS: Centers for Medicare and Medicaid Services

1.5.5. Contracting Officer (CO) – 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.

1.5.6. Contracting Officer’s Representative (COR) – A person 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.

1.5.7. CPARS: Contractor Performance Assessment Reporting System

1.5.8. CPRS: Computerized Patient Recordkeeping System- electronic health record system used by the VA.

1.5.9. Credentialing: Credentialing is the systematic process of screening and evaluating qualification and other credentials, including licensure, required education, relevant training and experience and current competence and health status.

1.5.10. Full Time Equivalent (FTE): VA’s definition for full time- working the equivalent of 80 hours every two weeks, 2080 hours per year. In calculating FTE, any hours not worked on national holidays shall not be included.

1.5.11. HHS: Department of Health and Human Services

1.5.12. HIPAA: Health Insurance Portability and Accountability Act

1.5.13. ISO: Information Security Officer

1.5.14. Medical Emergency - a sudden onset of a medical condition manifesting itself by acute symptoms of sufficient severity that the absence of immediate medical attention could reasonably result in: Permanently placing a patient's health in jeopardy, causing other serious medical consequences, causing impairments to body functions, or causing serious or permanent dysfunction of any body-organ or part.

1.5.15. MOD: Medical Officer of the Day

1.5.16. Non-Contract Provider - any person, organization, agency, or entity that is not directly or indirectly employed by the Contractor or any of its subcontractors

1.5.17. POP: Period of Performance

1.5.18. PWS: Performance Work Statement

1.5.19. QASP: Quality Assurance Surveillance Plan

1.5.20. Veterans Integrated Services Network (VISN): The regional oversight for the VA medical centers in Michigan and Indiana.

1.5.21. VetPro: a federal web-based credentialing program for healthcare providers.

1.5.22. VISTA (Veterans Integrated Systems Technology Architecture): A PC based system that will capture and store clinical imagery, scanned documents and other non-textual data files and integrates them into patient’s medical record and with the hospital information system.

2. QUALIFICATIONS:

2.1. Staff/Facility

2.1.1. License – The Contractor’s physician 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 onsite on VA property.

All licenses held by the personnel working on this contract shall be full and unrestricted licenses. Contractor’s physician 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. Board Certification - All contractor’s physician shall be Board Certified /Board Eligible by the American Board of Psychiatry and be currently certified in Basic Life Support (BLS). All continuing education courses required for maintaining certification must be kept up to date at all times. Documentation verifying current certification shall be provided by the Contractor to the VA COR on an annual basis for each year of contract performance.

2.1.3. Credentialing and Privileging –Credentialing and privileging is to be done in accordance with the provisions of VHA Handbook 1100.19 referenced above (Attachment 2). The Contractor is responsible to ensure that proposed physician possesses the requisite credentials enabling the granting of privileges. No services shall be provided by any contractor’s physician prior to obtaining approval by the Poplar Bluff VAMC Professional Standards Board, Medical Executive Board, Chief of staff, Chief of Behavior Health, and Medical Center Director.

2.1.3.1. Upon acceptance of a candidate, the contractor shall have five (5) calendar days to provide the following certified, true copies of the documents listed below to the Credentialing Coordinator:

· License

· DEA Certificate

· Proof of Malpractice Insurance

· BLS Certification (American Heart Association or Military Training Network)

· E.C.F.M.G. Certification if applicable

· State controlled Substance Registration if applicable

· Verification of completion of 25 continuous education hours in past two (2) years

2.1.3.2. Upon receipt of above documentation, the proposed provider(s) will be forwarded a credentialing packet by the Credentialing Coordinator. The provider(s) will have five (5) calendar days to complete all paperwork and return the completed packet to the Credentialing Coordinator via Overnight Delivery. The credentialing packet will include the following:

· Application with VetPro Packet

· Declaration of Health

· Release of Information

· Privileges

· Medical Staff By-laws

2.1.3.3. Applications for privileges will be screened through the National Practitioners Data Bank-Healthcare Integrity and Protection Data Bank (NPDB-HIPDB).

2.1.3.4. Professional staff appointments with clinical privilege actions will be based on a review of the documents listed above, in accordance with VHA Handbook 1100.19.

2.1.3.5. Re-credentialing and reappointment shall occur every year prior to any option period renewal. Current contract providers must supply credentialing information at least 30 days prior to an option year expiration to allow for medical staff and VetPro renewal and approval.

2.1.3.6. VetPro shall be completed annually by the contract provider to meet VHA handbook requirements.

2.1.3.7. The Contractor is required to report to the Contracting Officer within twenty-four (24) hours of contractor’s discovery any disciplinary action taken by the State Board or the institution against physician performing under this contract.

2.1.3.8. 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.

2.1.4. Technical Proficiency - Contractor’s physician 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 physician(s) and contractor’s physician(s) 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 the COR copies of current CMEs as required or requested by the VAMC. Contractor’s physician(s) registered or certified by national/medical associations shall continue to meet the minimum standards for CME to remain current. Contractor shall report CME hours to the credentials office for tracking. These documents are 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, CPRS and VA MANDATORY): Contractor shall meet all VA educational requirements and mandatory course requirements defined herein; all training must be completed by the contractor’s physician(s) as required by the VA (attachment 5.

2.1.7. Standard Personnel Testing (PPD, etc.): Contractor shall provide proof of the following tests for physician within five (5) calendar days after contract award and prior to the first duty shift to the COR and Contracting Officer. Tests shall be current within the past year.

2.1.7.1. TUBERCULOSIS TESTING: Contractor shall provide proof of a negative reaction to PPD testing for all contract physician. A negative chest radiographic report for active tuberculosis shall be provided in cases of positive PPD results. The PPD test shall be repeated annually.

2.1.7.2. RUBELLA TESTING: Contractor shall provide proof of immunization for all contractors’ physician for measles, mumps, rubella or a rubella titer of 1.8 or greater. If the titer is less than 1.8, a rubella immunization shall be administered with follow-up documentation to the COR.

2.1.7.3. OSHA REGULATION CONCERNING OCCUPATIONAL EXPOSURE TO BLOODBORNE PATHOGENS: Contractor shall provide generic self-study training for all contract physician ; provide their own Hepatitis B vaccination series at no cost to the VA if they elect to receive it; maintain an exposure determination and control plan; maintain required records; and ensure that proper follow-up evaluation is provided following an exposure incident. The VAMC 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 ( as published in American Journal for Infection Control- AJIC 1998; 26:289-354 http://www.cdc.gov/hicpac/pdf/InfectControl98.pdf) for disease control. 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 Veterans Health Administration 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 proposal.

2.1.9. DEA - Contractor shall provide copy of current DEA certificate.

2.1.10. Conflict of Interest: The Contractor and all contractor’s physician(s) 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. At the time of proposal, 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 shall 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 (Jan 2008) and fully outlined in response to the subject attachment in Section D (attachment 8) of the solicitation document.

2.1.11. Citizenship related Requirements:

2.1.11.1. 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;

2.1.11.2. 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.

2.1.11.3. 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.

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 offerors response to the RFP using the subject attachment in Section D (attachment 6) 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 web site at http://oig.hhs.gov/exclusions/index.asp to ensure that the proposed contractor’s physician(s) 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. CMP’s 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 their proposal, the Contractor certifies that the HHS OIG List of Excluded Individuals/Entities has been reviewed and that the Contractors are and/or firm is not listed as of the date the offer/bid was signed.

2.2. Clinical/Professional Performance: The qualifications of Contractor personnel are subject to review by VA Medical Center COS or his/her clinical designee and approval by the Medical Center Director as provided in VHA Handbook 1100.19. Clinical/Professional performance monitoring and review of all clinical personnel covered by this contract for quality purposes will be provided by the VAMC 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 physician(s) shall not be considered VA 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 physician are prohibited from referring VA patients to contractor’s or their own practice(s).

2.6. Inherent Government Functions: Contractor and Contractor’s physician(s) 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 physician(s) furnishing services. To carry out this responsibility, the Contractor shall provide or certify that the following is provided for all their 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 physician(s) . When a Contractor or contractor’s physician(s) has been identified as a provider 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 or non-action shall be the responsibility of the Contractor and/or insurance carrier.

2.9. Key Personnel:

2.9.1. The VA Full Time Equivalency (FTE): FTE is defined by VA as a minimum of 80 hours every two weeks and does not include holidays.

2.9.2. Key personnel authorized to provide services under this contract shall be added via the issuance of a task order or modification of the contract upon the successful completion of required training, credentialing, privileging, and background investigation initiation. Contract providers are not authorized to perform services under this contract until a task order or modification has been awarded.

2.9.3. Fair Opportunity: Before placing an order, the ordering activity’s requirements will be forwarded to each contract holder along with the evaluation criteria. (Refer Request for Quotation attachment 9) In order to be considered responsive, contract holders shall provide all documentation within the predetermined time frame, i.e. quote due date. Evaluations will be based on CV’s (Curriculum Vitae)/resumes, timeliness/availability of proposed candidate, and price. Based on a best value determination, the order shall be placed with the contract holder that represents the best value.

2.9.4. The number of Board Certified/Board Eligible Psychiatric physician required to be on site on a daily basis is 2 as defined in paragraph Hours of Operation in this section.

2.9.5. The Contractor shall be responsible for providing coverage to the VA 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) at the Poplar Bluff VAMC) immediately of the schedule change.

2.9.6. Personnel Substitutions: During the first ninety (90) 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 five (5) calendar day (s) after the occurrence of any of these events and provide the information required below. After 90 days, the Contractor shall submit the information required below to the CO at least thirty (30) calendar days prior to making any permanent substitutions.

2.9.6.1. 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 ten (10) 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.

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

2.9.6.3. 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 VA COS or designee show documented clinical problems or continual unprofessional behavior/actions with any Contractor’s physician, may request, without cause, immediate replacement of said Contractor’s physician. The CO and COR shall deal with issues raised concerning Contractor’s physician conduct. The final arbiter on questions of acceptability is the CO.

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

3. HOURS OF OPERATION:

4.1 VA Business Hours: VAMC business hours are Monday through Friday, 8:00 a.m. – 4:30 p.m. Schedule hours are Monday through Friday 8:00 a.m. – 4:30 p.m. The contractor will not be required to furnish services during off-duty hours.

3.1.1. Patients must be seen by a contractor’s physician(s) on-site at in a timely manner in accordance with VA Rules and Regulations on clinic wait times and consult completion. Contractor shall notify the COR at least monthly about any obstacles to meeting this performance measure.

3.1.2. Contractor’s Physician(s) shall be available and present in clinic during normal clinic hours, which will be established, and may be revised, as deemed appropriate for patient care by the Chief of Staff. Currently, normal clinic hours are 8:00 a.m. – 4:30 p.m.

3.2. Federal Holidays: The following holidays are observed by the Department of Veterans Affairs:

· New Year’s Day

· President’s Day

· Martin Luther King’s Birthday

· Memorial Day

· Independence Day

· Labor Day

· Columbus Day

· Veterans Day

· Thanksgiving

· Christmas

· Any day specifically declared by the President of the United States to be a national holiday.

3.3. Schedules are published two weeks in advance and are subject to change based on case load, patient volume and wait times. There may be times when, due to unplanned circumstances, coverage is needed on short notice and the contractor will be asked to fill additional unscheduled shifts within a twenty-four (24) notice. Notification and scheduling will be mutually agreed upon between the VAMC and the contractor. The awarded contract providers are not guaranteed a forty (40) hour work week or an eight (8) hour day.

3.4. The contract psychiatrist shall not make any change to the required shifts unless the change is requested in writing and approved by COR in advance.

3.5. The contract psychiatrist shall not miss more than two (2) shifts per year, or shall not be tardy more than three (3) shifts per year. The COR will contact the Contractor directly with the first occurrence of a missed shift or tardiness and any repeated occurrences shall be documented with a Contract Discrepancy Report (CDR) processed through the Contracting Officer.

3.6. Cancellations:

3.6.1. Unless a state of emergency has been declared or clinics are otherwise cancelled by the VAMC, the Contractor shall be responsible for providing services.

4. CONTRACTOR RESPONSIBILITIES

4.1 Clinical Personnel Required: The Contractor shall provide contractor’s physician(s) who are competent, qualified per this performance work statement and adequately trained to perform assigned duties.

4.1.1. Contractor’s physician (s) shall be responsible for signing in and out when in attendance. These sign in/sign out sheets will be used by the COR to confirm hours/day provided against the contractor’s invoices.

4.2. Standards of Care: The contractor’s physician(s) care shall cover the range of Psychiatry 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: American Psychiatric Association Practice Guidelines : http://www.apa.org/practice/guidelines/index.aspx

4.2.1. VA Standards: VHA Directive 2006-041 “Veterans’ Health Care Service Standards” (expired but still in effect pending revision) https://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=1443

4.2.2. The professional standards of The Joint Commission (TJC) http://www.jointcommission.org/standards_information/standards.aspx

4.2.3. The standards of the American Hospital Association (AHA) http://www.hpoe.org/resources?show=100&type=8 and;

4.2.4. The requirements contained in this PWS

4.3. MEDICAL RECORDS

4.3.1. Authorities: Contractor’s physician(s) providing healthcare services to VA patients shall be considered as part of the Department Healthcare Activity and shall comply with the 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), Title 5 U.S.C. § 522a (Records Maintained on Individuals) as well as 45 C.F.R. Parts 160, 162, and 164 (HIPAA).

4.3.2. HIPAA: This contract and its requirements meet exception in 45 CFR 164.502(e), and do not require a BAA in order for Covered Entity to disclose Protected Health Information to: a health care provider for treatment. Based on this exception, a BAA is not required for this contract. Treatment and administrative patient records generated by this contract or provided to the Contractors by the VA are covered by the VA system of records entitled ‘Patient Medical Records-VA’ (24VA19). Contractor generated VA Patient records are the property of the VA and shall not be accessed, released, transferred, or destroyed except in accordance with applicable laws and regulations. Contractor shall ensure that all records pertaining to medical care and services are available for immediate transmission when requested by the VA. Records identified for review, audit, or evaluation by VA representatives and authorized federal and state officials, shall be accessed on-site during normal business hours or mailed by the Contractor at his expense. Contractor shall deliver all final patient records, correspondence, and notes to the VA within twenty-one (21) calendar days after the contract expiration date.

4.3.3. Disclosure: Contractor’s physician(s) may have access to patient medical records: however, Contractor shall obtain permission from the VA before disclosing any patient information. 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. The VA will provide the Contractor with a copy of VHA Handbook 1907.1, Health Information management and Health Records and VHA Handbook 1605.1, Privacy and Release of Information. The penalties and liabilities for the unauthorized disclosure of VA patient information mandated by the statutes and regulations mentioned above, apply to the Contractor.

4.3.4. Professional Standards for Documenting Care: Care shall be appropriately documented in medical records in accordance with standard commercial practice and guidelines established by VHA Handbook 1907.01 Health Information Management and Health Records: http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=2791 and all guidelines provided by the VAMC.

4.3.5. Release of Information: The VA shall maintain control of releasing any patient medical information and will follow policies and standards as defined, but not limited to Privacy Act requirements. In the case of the VA authorizing the Contractor to release patient information, the Contractor in compliance with VA regulations, and at his/her own expense, shall use VA Form 3288, Request for and Consent to Release of Information from Individual’s Records, to process “Release of Information Requests.” In addition, the Contractor shall be responsible for locating and forwarding records not kept at their facility. The VA’s Release of Information Section shall provide the Contractor with assistance in completing forms. Additionally, the Contractor shall use VA Form 10-5345, Request for and Authorization to Release Medical Records or Health Information, when releasing records protected by 38 U.S.C. 7332. Treatment and release records shall include the patient’s consent form. Completed Release of Information requests will be forwarded to the VA Privacy Officer at the following address:

Lisa Edwards 1500 N. Westwood Blvd Poplar Bluff, MO 63901 Phone Number: (573) 778-4022 Email: Lisa.edwards@va.gov

4.4. Direct Patient Care: Estimated 98% of the time involved in direct patient care.

4.4.1. Per the qualification section of this PWS, the Contractor shall provide the following staff:

4.4.1.1. One (1) Board Certified /Board Eligible licensed Psychiatrist to cover for Psychiatry vacancies in accordance with the terms and conditions outlined herein, to the Poplar Bluff VAMC. The contractor is not guaranteed a forty (40) hour work week or an eight (8) hour work day.

4.4.2. Scope of Care: Contractor’s physician (as appropriate and within scope of practice/privileging) shall be responsible for providing Psychiatry care, including, but not limited to:

4.4.2.1. Primary duties include serving as a Staff Physician to the Mental Health/Behavioral Sciences Service Line. Principle duties include providing all levels of psychiatric care and treatment to veterans in the Mental Health/Behavioral Sciences Service Line, as well as providing psychiatric consultation to the Medical Center. Contract psychiatrist may have personal contact with patients, family, visitors, and other employees, including contract employees of various VA services. Contact with visitors and family members is required for information sharing as it relates to a particular patient

4.4.2.2. The contract psychiatrist performs assessments, participates in interdisciplinary treatment planning and addresses the patient’s physical and emotional needs for treatment. Serves as the Primary Care Psychiatrist for those patients assigned to them.

4.4.2.3. The contract psychiatrist provides consultation to other clinical staff associated with the delivery of Behavioral Medicine and psychiatric services at this Medical Center and its clinics.

4.4.2.4. The contract psychiatrist serves as Psychiatric MOD at this Medical Center as assigned by the Chief, Mental Health/Behavioral Services Line.

4.4.2.5. The contract psychiatrist adheres to and complies with The Joint Commission (TJC) (http://www.jointcommission.org) standards to provide an integrated, interdisciplinary delivery of health care services to the veterans. Includes coordinating, providing and improving health care services responsive to the patients’ needs and health care.

4.4.2.6. Performance shall be according to the requirements contained in this Performance Work Statement (PWS) and Veteran’s Healthcare Administration (VHA) rules, regulations, handbooks policies, and standard operating procedures (SOP’s). Care shall be appropriately documented in medical records in accordance with standard commercial practice and Poplar Bluff MO VA Medical Center bylaws that are associated (attachment 1) with the solicitation. The contract psychiatrist shall comply with Patient-Focused Functions in delivery of patient care. This includes Patient Rights and Organizational Ethics, Assessment of Patients, Care of Patients, Education and Continuum of Care.

4.4.2.7. The contract psychiatrist’s primary goal is to meet the treatment needs and concerns of inpatients, as well as outpatients; and to provide diagnostic care and appropriate treatment to the veteran patients to maintain standards of high quality care for the Medical Center in Behavioral Medicine. The contract psychiatrist may be exposed to surroundings which involve moderate risks or discomfort which require special precautions; i.e., infectious diseases, verbal and physical abuse from an emotionally disturbed patient.

4.4.2.8. The contract psychiatrist has the ability to understand and react effectively to the unique needs of the patients of various age groups. The concerns are addressed in clinical assessment, patient care delivery, and in daily interaction with, and treatment of patients. The contract psychiatrist also provides effective diagnostic examination and medical treatment on all psychiatric patients assigned. Assesses, identifies, and provides care that recognizes the differing developmental and treatment needs of patients of different ages. Specifically recognizes the differing needs of adult and geriatric patients, which are the patient population served. Ages of patients served may vary greatly and include young (20s and 30s years of age); middle-aged (40s and 50s years of age); and older patients (60 and upwards).

4.4.2.9. The contract psychiatrist has the responsibility to appropriately document all aspects of care provided through the use of the Medical Center Computerized Patient Record System (CPRS). This includes, but is not limited to, Initial Assessments, History and Physical, Mental Status Examination, Daily Progress Notes, Interdisciplinary Treatment Team Notes, Medication Orders, Plan of Care, Education, and Discharge Summaries. Assessments for allocation of benefits and other administrative type workload may also be assigned. This responsibility includes the timely completion of all required documentation as established by Medical Center Policies and TJC requirements. The Chief of Mental Health/Behavioral Sciences shall monitor performance through direct observation as well as observation of work results on an ongoing daily basis.

4.4.2.10. The contract psychiatrist shall utilize the Bar Code Medication Administration (BCMA) for medication administration with a 100% accuracy rate. BCMA is designed to provide electronic validation and documentation of medication administration, reduce medication mistakes, provide an online patient medication record, and promote a safer inpatient care environment.

4.4.2.11. The contract psychiatrist will complete all assessments accurately 100% of the time.

4.4.2.12. he contract psychiatrist shall participate in fire and disaster drills as required.

4.4.2.13. The contract psychiatrist shall, upon request, provide quality data and information related to services provided and participate in the Medical Center's Performance Improvement and Quality Improvement programs.

4.4.2.14. The contract psychiatrist shall, at all times, conduct themselves in a professional manner treating patients, visitors, and staff in a courteous manner. Substantiated allegations of patient or coworker abuse, either verbally or physically, will result in immediate removal from the VAMC facility and will result in that contract provider not being eligible for continued contract performance with the VAMC.

4.4.3. ADMINISTRATIVE: estimated 2 % of time not involved in direct patient care.

4.4.3.1. Quality Improvement Meetings: The contractor’s physician(s) shall participate in continuous quality improvement activities and meetings with committee participation as required by the VAMC Chief of Service, Chief of Staff, or designee.

4.4.3.2. Staff Meetings: The contractor’s physician(s) shall attend staff meetings as required by the VAMC Chief of Service, Chief of Staff, or designee.