36C25520R0061_1 09.09.2020 Final.docx

36C25520R0061

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

09-09-2020 Donahue-MacDonald, Colleen 913-946-1123 10-09-2020 36C255 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway

Leavenworth KS 66048

X

621492 $41.5 Million

N/A

Robert J. Dole VAMC

5500 E. Kellogg

Wichita KS 67218 36C255 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway

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 USC 8153, VAAR 873, FAR Part 13 the contractor is to provide Dialysis Services in accordance with the terms and conditions and prices stated herein. Health care resources consist of registered nurses and equipment outlined in the Performance Work Statement. Services are to be furnished for Robert J. Dole VA Medical Center, Wichita KS. Price Schedule is located in Section B.2.

See CONTINUATION Page

Colleen Donahue-MacDonald Contracting Officer

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. CONTRACT ADMINISTRATION: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR: (Offerors are required to designate a person for prompt administration):

Name of Company:

Name:

Title:

Address:

Fax No.:

DUNS Number: ________________________________

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

[] 52.232-36, Payment by Third Party

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. Invoicing shall be in accordance with the requirements of the Department of Veterans Affairs (VA) Financial Services Center (FSC). 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 https://www.fsc.va.gov/einvoice.asp.

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

5. SECURE FAX: In accordance with VA Handbook 6500, the following statement is required on all fax cover sheets; if it is determined the ordering process will include a fax: “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, distribution 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.”

6. POST-AWARD ORIENTATION (Contract Awards Exceeding $1M): The Contracting Officer will schedule a post-award orientation conference for contract orientation purposes as required by Procurement Policy Memorandum (PPM) dated 2019- 01. https://www.va.gov/oal/docs/business/pps/ppm201901.pdf ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 SCHEDULE OF SERVICES

The contractor shall furnish all personnel to provide non-personal Healthcare Resources in accordance with the attached Performance Work Statement, to furnish to and at the Department of Veterans Affairs, Robert J. Dole VAMC, 5500 Kellogg, Wichita, KS 67216-1607. The contractor’s Hemodialysis nursing care shall cover the range of Hemodialysis 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 established by Commission on Collegiate Nursing Education: www.aacn.nche.edu/accreditation.

All services shall be performed on-site at the Robert J. Dole VAMC, 5500 Kellogg, Wichita, KS 67216-1607. Any services provided off-site shall not be compensated. The services are for one year with the option to extend for four (4) one (1) year options, which may be exercised at the discretion of the Government.

Contract Minimum and Maximum: In accordance with FAR Clause 52.216-22, Indefinite quantity, the overall guaranteed minimum amount established is $5,000.00 applicable during the fiscal year of the base award and the overall maximum amount for this contract is $1,830,799.10.

Acute Hemodialysis Services Estimated Period of Performance:

Contract Period: Base POP Begin: 12-01-2020 POP End: 11-30-2021

Continuous Ambulatory Peritoneal Dialysis (CAPD)

Cycler Peritoneal Dialysis (CCPD)

Continuous Renal Replacement Therapy (CRRT)

Continuous Renal Replacement Therapy (CRRT)

Acute Hemodialysis Services

Contract Period: Option 1 POP Begin: 12-01-2021 POP End: 11-30-2022

Continuous Ambulatory Peritoneal Dialysis (CAPD)

Cycler Peritoneal Dialysis (CCPD)

Catheter Assist

Continuous Renal Replacement Therapy (CRRT)

Acute Hemodialysis Services

Contract Period: Option 2 POP Begin: 12-01-2022 POP End: 11-30-2023

Continuous Ambulatory Peritoneal Dialysis (CAPD)

Cycler Peritoneal Dialysis (CCPD)

Catheter Assist

Continuous Renal Replacement Therapy (CRRT)

Acute Hemodialysis Services Contract Period: Option 3 POP Begin: 12-01-2023 POP End: 11-30-2024

Continuous Ambulatory Peritoneal Dialysis (CAPD) Period of Performance:

Contract Period: Option 3 POP Begin: 06-01-2023 POP End: 05-31-2024

Cycler Peritoneal Dialysis (CCPD)

Catheter Assist

Continuous Renal Replacement Therapy (CRRT)

Acute Hemodialysis Services

Contract Period: Option 4 POP Begin: 12-01-2024 POP End: 11-30-2025

Continuous Ambulatory Peritoneal Dialysis (CAPD)

Cycler Peritoneal Dialysis (CCPD)

Catheter Assist

Continuous Renal Replacement Therapy (CRRT)

GRAND TOTAL

Page 1 of Page 1 of

B.3 PERFORMANCE WORK STATEMENT

Onsite Acute/Chronic Hemodialysis Services

1. GENERAL:

1.1. Services Provided: The Contractor shall provide on-site acute/chronic hemodialysis and peritoneal services in accordance with the specifications contained herein to beneficiaries of the Department of Veterans Affairs (VA) and the Robert J Dole VA Medical Center.

1.1. Place of Performance: Robert J Dole VA Medical Center, 5500 E. Kellogg, Wichita, Kansas 67218

1.2. Authority: Title 38 USC 8153, Sharing of Health-Care Resources (HCR) Authority, FAR Part 12 and 13, and VAAR 873.

1.3. Policy/Handbooks:

1.3.1. VHA Directive 0710 VHA Personnel Security and Suitability Program: https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=8110

1.3.2. VA Directive 1663: Health Care Resources Contracting - Buying https://www.va.gov/vapubs/viewPublication.asp?Pub_ID=969&FType=2

1.3.3. VHA Directive 2006-041 “Veterans’ Health Care Service Standards” https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=4084231&FileName=36C25818R0027-004.pdf

1.3.4. VHA Directive 1230(2) Outpatient Scheduling Processes and Procedures: https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=3218

1.3.5. VHA Directive 1192.01 “Seasonal Influenza Prevention Program” https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=8948

1.3.6. VHA Directive 6300 Records Management https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=8113

1.3.7. VHA Directive 6300.1 Records Management Compliance https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=5450

1.3.8. VHA Handbook 1100.17: National Practitioner Data Bank Reports https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=2135

1.3.9. VHA Handbook 1100.18 Reporting and Responding To State Licensing Boards https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=1364

1.3.10. VHA Handbook 1100.19 Credentialing and Privileging https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=2910

1.3.11. VHA Handbook 1605.01 Privacy and Release of Information https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=3233

1.3.12. VHA Handbook 1907.01 Health Information Management and Health Records: https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=3088

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

1.4. 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.

1.4.1. AAMI: Association for the Advancement of Medical Instrumentation

1.4.2. BLS: Basic Life Support

1.4.3. CCNE: Commission on Collegiate Nursing Education: www.aacn.nche.edu/accreditation

1.4.4. CDC: Centers for Disease Control and Prevention

1.4.5. CDR: Contract Discrepancy Report

1.4.6. CEU: Certified Education Unit

1.4.7. CME: Continuing Medical Education

1.4.8. CMS: Centers for Medicare and Medicaid Services

1.4.9. 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.

1.4.10. 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.

1.4.11. COS: Chief of Staff

1.4.12. CPARS: Contractor Performance Assessment Reporting System

1.4.13. 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.

1.4.14. EHR: Electronic Health Record

1.4.15. 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.

1.4.16. HHS: Department of Health and Human Services

1.4.17. HIPAA: Health Insurance Portability and Accountability Act

1.4.18. HR: Human Resources

1.4.19. ISO: Information Security Officer

1.4.20. 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.

1.4.21. MOD: Medical Officer of the Day

1.4.22. NLNAC: National League for Nursing Accrediting Commission. www.nlnac.org

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

1.4.24. POP: Period of Performance

1.4.25. PWS: Performance Work Statement

1.4.26. QASP: Quality Assurance Surveillance Plan

1.4.27. Veterans Integrated Services Network (VISN): The regional oversight for the VA medical centers.

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

1.4.29. 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.

1.4.30. Veterans Affairs Medical Center (VAMC): Unless identified with the name of a different VA medical Center, for purposes of this contract, this term shall mean the Wichita, Kansas VA Medical Center.

2. QUALIFICATIONS:

2.1. Staff/Facility

2.1.1. License - Contract provider(s) assigned by the Contractor to perform the services covered by this contract shall have a current/valid or unrestricted nurses license in any State, Territory, or Commonwealth of the United States or the District of Columbia.

2.1.2. Credentialing–Credentialing is to be done in accordance with the provisions of VHA Handbook 1100.19. Contractor personnel must be able to pass the VAMC’s credentialing process. VetPro will be completed annually to meet VHA handbook requirements.

2.1.2.1. If a contract provider(s) is not credentialed or has credentials suspended or revoked, the Contractor shall furnish an acceptable substitute without any additional cost to the government.

2.1.3. Technical Proficiency - Contract provider (s) 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.

2.1.4. Training (BLS, EHR and VA MANDATORY): Contractor shall meet all VA educational requirements and mandatory course requirements defined herein; all training must be completed by the contract personnel as required by the VA.

2.1.4.1. Shall be certified in Basic Life Support (BLS) Advanced Cardiac Life Support (ACLS) through the American Heart Association. 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 Contracting Officer Representative (COR) on an annual basis for each year of contract performance.

2.1.5. Standard Personnel Testing (PPD, etc.): Contractor shall provide proof of the following tests for personnel 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.

2.1.5.1. TUBERCULOSIS TESTING: Contractor shall provide proof of a negative Tuberculosis Skin Test (TST) or interferon-gamma release assays (IGRA) for all Contractor’s physician (s) {This is applicable to all health care workers}. A negative chest radiographic report for active tuberculosis shall be provided in cases of positive TST or IGRA results. The TST or IGRA testing shall be repeated annually.

2.1.5.2. MEASLES, MUMPS, & RUBELLA TESTING: Contractors shall provide proof of immunity for all Contractor physicians {This is applicable to all health care workers}.

2.1.5.3. VARICELLA: Contractors shall provide proof of immunity for all Contractor physicians {This is applicable to all health care workers}.

2.1.5.4. ACELLULAR PERTUSSIS: Contractors shall provide proof of 1 dose of Tdap vaccination for all Contractor physicians {This is applicable to all health care workers}.

2.1.5.5. 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, {This is applicable to all health care workers}.

2.1.5.6. 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 physician (s) {This is applicable to all health care workers}; 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.

2.1.5.7. 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.

2.1.6. Citizenship related Requirements:

2.1.6.1. 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;

2.1.6.2. 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.

2.1.6.3. 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.

2.1.6.4. 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.

2.1.6.5. 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 of the solicitation document.

2.1.7. 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.

2.1.7.1. Therefore, Contractor shall review the HHS OIG List of Excluded Individuals/Entities on the HHS OIG web site at https://oig.hhs.gov/exclusions/index.asp to ensure that the proposed contract personnel 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.

2.1.7.2. 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 Direction: 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 direction of all clinical personnel covered by this contract 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 contract personnel 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 physicians are prohibited from referring VA patients to contractor’s or their own practice(s).

2.6. Inherent Government Functions: Contractor and Contractor personnel 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 Contract personnel 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 contract provider(s). When a Contractor or contract provider 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 contract personnel) action or non-action shall be the responsibility of the Contractor and/or insurance carrier.

2.9. Key Personnel:

2.10. The Contractor shall assign to this contract the following key personnel:

2.10.1. During the first ninety (90) 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 Contracting Officer, in writing, within 5 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period of the contract, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

2.10.2. The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes shall have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 5 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.

2.10.3. For temporary substitutions where the key person will not be reporting to work for three (3) consecutive work days or more, the Contractor shall provide a qualified replacement for the key person. This substitute shall have comparable qualifications to the key person.

2.10.4. 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 (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

2.11. The Contractor shall assign to this contract the following key personnel: Acute care nurses.

2.12. 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 contract personnel leaves Contractor’s employment or is unable to continue performance in accordance with the terms and conditions of the resulting contract.

3. VA HOURS OF OPERATION/SCHEDULING:

3.1. Work Hours: The services covered by this contract shall be furnished 24/7, 365 days per year including holidays.

3.2. Business hours for the VAMC follow:

Administrative hours: Monday through Friday, 8:00 a.m. – 4:30 p.m.

3.3. National Holidays: Clinical Contractor shall perform work on federal holidays. The ten (10) Federal holidays observed by VA are as follows. Asterisk (*) indicates the dates change each year.

any other day specifically declared by the President of the United States to be a national holiday.

4. CONTRACTOR RESPONSIBILITIES

4.1. The contractor will provide the dialysis system and registered nurses to perform the requirements of this contract as outlined below. Personnel assigned by the contractor to perform services covered by the contract shall hold a State Board of Nursing license. The Wichita VAMC will provide the water treatments, the Contractor will provide needed labor, on a continuous (7 days per week 24 hours per day) on a stand-by call coverage, supplies, and equipment for acute hemodialysis and peritoneal dialysis coverage at the Robert J. Dole VA Medical Center, 5500 E. Kellogg, Wichita, Kansas (VA).

4.2. The contractor will provide acute/chronic hemodialysis on patients residing in the on-site Transitional Living Center (TLC). Patients residing in the TLC normally have dialysis services performed in an outpatient dialysis unit, however when the need arises for dialysis of a TLC patient in the inpatient unit the contractor will be responsible for performing these services. The VA will provide adequate clinical space.

4.3. The contractor will provide a dialysis system compatible with the Mar-Cor Millenium Portable RO Machines water treatment system in place at the Wichita VAMC.

4.4. Scheduled Dialysis Services shall be provided during normal business hours for each patient identified by the Wichita VAMC. In the event of a serious patient emergency during normal business hours on a day or time when the provider is not on site, the provider shall arrive at the Wichita VAMC within two (2) hours of notice. Both parties shall agree upon the process by which notice shall be given to the provider. Contractor will have no more than 2 late arrivals per quarter.

4.5. In the event of a medical non-emergent need outside of normal business hours the provider shall arrive at the Wichita VAMC within six (6) hours of notice of a request for services.

4.6. A contractor’s employee(s) must be present at the VA and must actually perform the required services as specified in order for payment of service authorized.

4.7. The contractor will ensure that the water treatment system in place at the Wichita VAMC that is utilized in the performance of this contract is maintained to meet the AAMI (Association for the Advancement of Medical Instrumentation) recommendations regarding water and dialysate fluid safety for hemodialysis. Any damage to the VA equipment or property as a result of contractor negligence or contractor equipment malfunction shall be made whole at the contractor’s expense.

4.8. On-going teaching program shall be offered patients to allow them to gain knowledge of the following:

4.8.1. A self-care concept

4.8.2. Normal kidney structure and function

4.8.3. Causes of kidney failure

4.8.4. Effects of kidney failure on the body

4.8.5. Medication regimen

4.8.6. Dietary regimen

4.8.7. Circulatory access

4.8.8. Hemodialysis/continuous ambulatory peritoneal dialysis (CAPD) principles and procedures.

4.9. Required medications (antihypertensives, erythropoietin, antimicrobial agents, etc.) will be provided by the VA pharmacy upon submission of a prescription written by the Nephrologist.

4.10. A specific plan of care shall be designed for each patient based upon nursing diagnosis or clinical nursing problems, expected patient outcomes and nursing intervention. Any of the following nursing diagnosis experienced by the patient shall be addressed by the plan of care:

4.10.1. Impairment of skin integrity

4.10.2. Fluid volume excess

4.10.3. Alteration in cardiac output related to hyperkalemia

4.10.4. Alteration in cardiac output secondary to hyperkalemia

4.10.5. Alteration in cardiac output related to uremia or dialysis-associated pericarditis, pericardial effusion and pericardial tamponade secondary to uremia and dialytic therapy

4.10.6. Activity intolerance related to uremia

4.10.7. Sexual dysfunction related to effects of uremia on endocrine system and/or psychosocial impact of renal failure and its treatment.

4.10.8. Alterations in comfort related to peripheral neuropathy caused by effects of uremia and peripheral nerves

4.10.9. Impaired gas exchange

4.10.10. Alterations in oral mucous membranes

4.10.11. Alterations in nutrition, less than body requirements

4.10.12. Impaired physical mobility

4.10.13. Anxiety

4.10.14. Powerlessness

4.10.15. Noncompliance

4.10.16. Grieving

4.10.17. Alterations in self-concept

4.11. Customer/patient satisfaction:

4.11.1. The Government may evaluate the quality of professional and administrative services provided, but retains no control over the medical, professional aspects of services rendered (e.g., professional judgments, diagnosis for specific medical treatment), in accordance with Federal Acquisition Regulation (FAR) 37.401(b).

4.11.2. All Veterans, family members, VA employees and other customers of the VAMC will be treated professionally and courteously. The contract provider(s) will cooperate with the VAMC to address and resolve validated customer service/patient complaints within 7 days.

4.12. The contractor shall offer support for the patient and family members in achieving and maintaining a lifestyle meaningful to them. Family members shall be advised on the patients’ nutritional needs, daily living needs, and other special needs.

4.13. MEDICAL RECORDS

4.13.1. Authorities: Contract personnel 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).

4.13.2. The contractor will provide documentation of care provided in the form of comprehensive typed records. Notes will be fully completed and inputted into the VA Electronic Health Record System (EHR) within 24 hours. Specialty Care Service will track the number of outpatient examinations performed in the clinical areas.

4.13.3. 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.

4.13.4. Disclosure: Contract personnel 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 1907.01, Health Information management and Health Records and VHA Handbook 1605.01, 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.

4.13.5. 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: https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=3088 and all guidelines provided by the VAMC.

4.13.6. 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 (316) 685-2221 X 56862, or at the following address: 5500 E. Kellogg, Wichita, KS 67218.

4.14. PERFORMANCE STANDARDS, QUALITY ASSURANCE (QA) AND QUALITY IMPROVEMENT(QI)

4.14.1. Quality Assurance and Improvement

4.14.1.1 Surveillance and Monitoring:

4.14.1.1.1 The Contracting Officer’s Representative (COR) may gather records (e.g. surgical package). The COR shall receive a time and attendance report that lists each day of the month, the time the contract provider(s) spend at the VA facility and a brief description of activities.

4.14.1.1.2. In order to provide a systematic method of evaluating contractor performance a Quality Assurance Surveillance Plan (QASP) shall be utilized. The Government shall evaluate the contractor’s performance in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure the Contractor has performed in accordance with the performance standards. The plan defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable levels.

4.14.2. The COR may perform surveillance of services by:

4.14.2.1. Observing actual performance;

4.14.2.2. Checking time and attendance logs;

4.14.2.3. Reviewing minutes of meetings;

4.14.2.4. Inspecting the services to determine whether or not the performance meets the performance standards; and

4.14.2.5. Review of any other appropriate electronic records.

4.14.3. In all cases, surveillance shall not be so intrusive as to impact the Contractor’s successful accomplishment of the mission.

4.14.4. When unacceptable performance occurs, the COR shall inform the Contractor. This will normally be in writing unless circumstances necessitate verbal communication. In any case the COR shall document the discussion and place it in the COR file. When the COR determines formal written communication is required, the COR shall prepare a Contract Discrepancy Report (CDR) and present it to the contractor's program manager. The contractor shall acknowledge receipt of the CDR in writing. The CDR will specify if the contractor is required to prepare a corrective action plan to document how the contractor shall correct the unacceptable performance and avoid a recurrence. The CDR will also state how long after receipt the Contractor has to present this corrective action plan to the COR. The Government shall review the Contractor's corrective action plan to determine acceptability. Any CDRs may become a part of the supporting documentation for any contractual action deemed necessary by the Contracting Officer.

4.14.5. Quality assurance monitoring documentation shall become an official Government record of the Contractor’s performance.

4.14.6. Performance Standards (Services Summary)

Contract personnel shall be subject to the following performance standards:

4.14.7. Quality Improvement:

4.14.7.1. Contractor shall participate and comply with all VISN 15 Performance Measures.

4.14.7.2. The Contractor, upon request, shall provide quality data and information related to services provided and participate in the VAMC’s performance improvement programs when requested to do so.

4.14.8. Required registration with Contractor Performance Assessment Reporting System (CPARS)

4.14.8.1. As prescribed in Federal Acquisition Regulation (FAR) Part 42.15, the Department of Veterans Affairs (VA) evaluates Contractor past performance on all contracts that exceed the Simplified Acquisition Threshold and shares those evaluations with other Federal Government contract specialists and procurement officials. The FAR requires that the Contractor be provided an opportunity to comment on past performance evaluations prior to each report closing. To fulfill this requirement VA uses an online database, CPARS, which is maintained by the Naval Seal Logistics Center in Portsmouth, New Hampshire. CPARS also includes access to the federal awardee performance and integrity information system (FAPIIS). FAPIIS is a web-enabled application accessed via CPARS for Contractor responsibility determination information.

4.14.8.2. Each Contractor whose contract award is estimated to exceed the Simplified Acquisition Threshold requires a CPARS evaluation. A government Focal Point will register your contract within thirty days after contract award and, at that time, you will receive an email message with a User ID (to be used when reviewing evaluations). Additional information regarding the evaluation process can be found at https://www.cpars.gov/ or if you have any questions, you may contact the Customer Support Desk @ DSN: 684-1690 or COMM: 207-438-1690.

4.14.8.3. For contracts with a period of one year or less, the contracting officer will perform a single evaluation when the contract is complete. For contracts exceeding one year, the contracting officer will evaluate the Contractor’s performance annually. Interim reports will be filed each year until the last year of the contract, when the final report will be completed. The report shall be assigned in CPARS to the Contractor’s designated representative for comment. The Contractor representative will have sixty (60) calendar days to submit any comments and re-assign the report to the VA contracting officer.

4.14.8.4. Failure for the Contractor’s representative to respond to the evaluation within those sixty (60) days, will result in the Government’s evaluation being placed on file in the database with a statement that the Contractor failed to respond; the Contractor’s representative will be “locked out” of the evaluation and may no longer send comments.

5. GOVERNMENT RESPONSIBILITIES

5.1. VA Support Personnel, Services or Equipment: Water Treatment system the VA is responsible for is the Mar-Cor Millenium Portable RO Machines.