36C25525Q0096_1.docx

36C25525Q0096

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

01-21-2025 Mike Carson; michael.carson1@va.gov 913-946-1119 02-25-2025 17:00

CST

36C255 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway michael.carson1@va.gov Leavenworth KS 66048

X

Y 621511 $41.5 Million

N/A

Robert J. Dole VA Medical Center (VAMC) 5500 E. Kelogg Ave 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

On-Site/Off-Site Pathology Services for the Wichita, KS VA Medical Center.

This solicitation is issued under the authority of title 38 U.S.C 8153 for non-personal services for On-Site/Off-Site Pathology Services as defined in the solicitation sections B.2 Schedule of Services and B.3 Performance Work Statement.

The purpose of this solicitation is to establish an Indefinite Delivery/Indefinite Quantity (IDIQ) firm fixed price contract. The period of performance is 07/01/2025 - 06/30/2026 plus four (4) one (1) year option periods, if authorized by the contracting officer.

One(1)

Mike Carson; Contracting Officer

VA-VHA-RPOC-2023-0085

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:

b. GOVERNMENT: Contracting Officer 36C255 Mike Carson Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway michael.carson1@va.gov 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. 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.

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

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: The Contracting Officer will determine need and, if required, schedule a post award orientation for this acquisition after award in accordance with FAR 42.502.

7. MANDATORY WRITTEN DISCLOSURES

Mandatory written disclosures required by FAR clause 52.203-13 to the Department of Veterans Affairs, Office of Inspector General (OIG) must be made electronically through the VA OIG Hotline at https://www.vaoig.gov/hotline/federal-acquisition-regulation-far-52203-13-reporting-instructions and clicking on "FAR clause 52.203-13 Reporting." If you experience difficulty accessing the website, call the Hotline at 1-800-488-8244 for further instructions.

B.2 SCHEDULE OF SERVICES

The Contractor shall furnish all personnel to provide services necessary to perform off-site and on-site Pathology/Pathologist Services to eligible beneficiaries of the Robert J. Dole, Department of Veterans Affairs Medical Center (VAMC), Wichita, KS (hereinafter referred to as VAMC). The Contractor shall cover the range of Pathology services meeting or exceeding currently recognized national standards American Board of Medical Specialties (ABMS) www.ABMS.org and the American Board of Pathology http://abpath.org/index.php/to-become-certified/requirements-for-certification.

Contract type is Firm Fixed Price, Indefinite Delivery Indefinite Quantity. Contractor shall price base and option years the same. Contractor will not be compensated for on-call services. Contractor will only be compensated for call-back services that are actually performed.

a. This is an indefinite delivery, indefinite quantity, firm fixed price contract. The period of performance for this contract will be for a Base Year plus four (4) Option Years. There is no guarantee that option years will be exercised. The minimum value of services is applicable through the end of the fiscal year of the same year when award occurred. The maximum value of services to be provided pertains to the life of the contract award and potentially the four exercised options (see paragraph e).

1) The prices provided in the Price Schedule shall be inclusive of all Line Item(s) defined in the PWS.

2) In accordance with FAR Clause 52.216-22, Indefinite Quantity, the guaranteed minimum contract amount is $1,000.00 and the total maximum amount shall not exceed $5,500,000.00.

b. The contract line items (LINs) listed in the price schedule are to identify the anticipated range of tests required so as to define scope. The Government cannot predetermine, above the stated minimum, the precise quantities of services the Government will require during the contract period. While it is impossible to accurately forecast the quantity and time of delivery for each LIN/sub-LIN, line items marked with a “1” estimated quantity indicate the test has historically not been performed but does not preclude the test from being ordered at a future time and within stated order limits.

c. The pricing is inclusive of all peripheral services and supplies required for the respective CPT codes as stated in the Performance Work Statement (PWS) to include, but not limited to reagents, and reading of results.

d. Option years shall be priced at the Medicare rate in effect at the time of exercising of the option period with the same percentage increase or decrease applied to the Medicare rate as quoted for the base year pricing. Rates will remain the same for the full option period.

e. For each option period exercised, the following updates to the Price Schedule shall occur and be captured with a contract modification:

1) The period of performance shall reflect the dates of the exercised option;

2) The LINs and subLINs shall be updated to reflect the appropriate exercised option;

a) Opt 1: LIN 1001; subLIN beginning with 1001; LIN 1002

b) Opt 2: LIN 2001; subLIN beginning with 2001; LIN 2002

c) Opt 3: LIN 1001; subLIN beginning with 3001; LIN 3002

d) Opt 4: LIN 4001; subLIN beginning with 4001; LIN 4002

f. No later than 120 days prior to the beginning of the next option, the Contractor shall provide any new test(s) that are not listed in Attachment D.1. The Contractor shall also provide a listing of any tests listed in Attachment D.1 that are no longer performed by contractor and shall be removed from Attachment D.1. New tests must be added to or removed from the contract through modification by the Contracting Officer (CORs and Government facility representatives do not have this authority).

g. All CPT Code pricing is based on CMS published non-facility rates (will default to facility rate if no non-facility rate is listed) and can be found at Search the Physician Fee Schedule | CMS currently utilizing 2025 year 0520200 KANSAS MAC Locality. The final two CPT Codes listed in the price schedule can be found at CLFS Files | CMS, currently utilizing the most recent file, 25CLABQ1. Pricing will be updated to the most recently published CMS rates prior to award of all base and option years, which will remain in effect for the entirety of that year.

h. Task orders will be issued per base/option period of performance. Task order shall not exceed the total amount obligated. The total amount of all task orders shall not exceed as provided in FAR Clause 52.216-19(b)(2).

Minimum Key Personnel:

A minimum of one (1) key personnel is to be credentialed and be available for scheduling to the meet the requirements of the contract. Offerors shall include the NPI of the personnel submitted. One FTE is defined by the VA as a minimum of 80 hours every two weeks and does not include holidays. The VAMC estimates 70 hours on-site Pathology Physician Services annually.

Estimated Period of Performance: BASE YEAR: July 1, 2025 to June 30, 2026 Attachment D.1 Price Schedule contains a list of LIN/sLIN for the base year based on CMS 2025 pricing. Utilize Attachment D.1 Price Schedule to submit proposed price, do not fill out this table.

Utilize Attachment D.1 Price Schedule to fill out the below table:

Period of Performance: BASE YEAR: July 1, 2025 to June 30, 2026

Annual Cost

Lab Testing (See Attachment D.1)

CPT

KEY PERSONNEL

NAME: _____________________

NPI: _______________________

Hours

Period of Performance: Option 1: July 1, 2026 to June 30, 2027

Annual Cost

Lab Testing (See Attachment D.1)

CPT

KEY PERSONNEL

NAME: _____________________

NPI: _______________________

Hours

Period of Performance: Option 2: July 1, 2027 to June 30, 2028

Annual Cost

Lab Testing (See Attachment D.1)

CPT

KEY PERSONNEL

NAME: _____________________

NPI: _______________________

Hours

Period of Performance: Option 3: July 1, 2028 to June 30, 2029

Annual Cost

Lab Testing (See Attachment D.1)

CPT

KEY PERSONNEL

NAME: _____________________

NPI: _______________________

Hours

Period of Performance: Option 4: July 1, 2029 to June 30, 2030

Annual Cost

Lab Testing (See Attachment D.1)

CPT

KEY PERSONNEL

NAME: _____________________

NPI: _______________________

Hours

TOTAL ESTIMATE FOR ALL PERFORMANCE PERIODS

Page 1 of Page 1 of

B.3 PERFORMANCE WORK STATEMENT

1. GENERAL:

1.1. Services Provided: Required pathology services include comprehensive pathological evaluations and interpretation, including professional, technical and/or global components of surgical, anatomic, and cytology specimens. Additionally, the Department of Veterans Affairs (VA) Medical Center (VAMC) located in Wichita, KS requires onsite back-up coverage/co-review support of Pathology services to VA pathologist.

1.2. Place of Performance: – Services shall be provided on-site in the Pathology Service Department, Robert J. Dole VAMC, 5500 East Kellogg Ave, Wichita, KS 67218. Off-site services shall be provided on the Contractors’ premises, or within the Contractors’ network of laboratories (affiliate or qualified subcontractor). Contractor should be located within the city limits of Wichita, Kansas due to the necessity for providing back-up on-site frozen section services and to be able to meet the required turnaround times.

1.3. Authority: Public Law 104-262 and Title 38 USC 8153.

1.4. Policy/Handbooks: Contractor shall comply with all applicable policy and regulations, including, but not limited to; including any subsequent updates during the period of performance, the following:

1.4.1. VA Directive 1663: Health Care Resources Contracting - Buying http://www1.va.gov/vapubs/viewPublication.asp?Pub_ID=347

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

1.4.3. VHA Handbook 1100.18 Reporting and Responding To State Licensing Boards - http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=1364

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

1.4.5. VHA Directive 1177 Cardiopulmonary Resuscitation https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=7487

1.4.6. VHA Directive 1192 “Seasonal Influenza Prevention Program” https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=5472

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

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

1.4.9. HHS OIG Website – http://oig.hhs.gov/exclusions/index.asp

1.4.10. American Journal for Infection Control - AJIC 1998; 26:289-354 http://www.cdc.gov/hicpac/pdf/InfectControl98.pdf

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. ABPATH: American Board of Pathology

1.5.2. CME: Continuing Medical Education

1.5.3. 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.

1.5.4. 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.

1.5.5. COLA: Commission on Office Laboratory Accreditation

1.5.6. Co-review: Review of a pathology case by a second pathologist for a second professional opinion prior to sign out of the case.

1.5.7. CPARS: Contractor Performance Assessment Reporting System

1.5.8. CPT: Current Procedural Terminology

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. FPPE: Focused Professional Practice Evaluations

1.5.11. 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.

1.5.12. HHS: Department of Health and Human Services

1.5.13. HICPAC: Healthcare Infection Control Practices Advisory Committee – a federal advisory committee made up of 14 external infection control experts who provide advice and guidance to the CDC and the Secretary of HHS regarding the practice of health care infection control, strategies for surveillance and prevention and control of health care associated infections in United States health care facilities.

1.5.14. HIPAA: Health Insurance Portability and Accountability Act

1.5.15. ISO: Information Security Officer

1.5.16. JCAHO: Joint Commission

1.5.17. JPC: Joint Pathology Center

1.5.18. 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.

1.5.19. 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).

1.5.20. OPPE: Ongoing Professional Practice Evaluations

1.5.21. POP: Period of Performance

1.5.22. PWS: Performance Work Statement

1.5.23. Privileging (Clinical Privileging): 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.

1.5.24. QASP: Quality Assurance Surveillance Plan

1.5.25. TJC: The Joint Commission

1.5.26. VA: Department of Veterans Affairs

1.5.27. 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 Robert J. Dole VA Medical Center.

1.5.28. Veterans Health Administration (VHA): The central office for administration of the VA medical centers through throughout the United States. The VHA is located in Washington, D.C.

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

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

1.5.31. 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 (s) assigned by the Contractor to perform the services covered by this contract shall have a current license to practice pathology in any State, Territory, or Commonwealth of the United States or the District of Columbia) when services are performed on-site on VA property.

2.1.1.1. All licenses held by the personnel working on this contract shall be full and unrestricted licenses. Contractor’s physician (s) 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.

2.1.1.2. The Contractor will ensure that the Robert J Dole VAMS always has a current copy of provider licenses.

2.1.1.3. The qualifications of such personnel shall also be subject to review by the VA Chief of Staff and approval by the VA Facility Director. Each person assigned to work under this contract shall be certified and trained in Pathology services and operation of any equipment used.

2.1.2. Board Certification - All Contractor’s physician(s) shall be Board Certified Pathologist by the American Board of Pathology (ABPATH) and maintain licensure and/or Certification throughout the contract POP. Surgical pathology, non-GYN cytopathology and abnormal GYN cytopathology examinations and written reports must be provided by pathology physicians board certified by the American Board of Pathology in Anatomic Pathology. In the event the Contractor’s Pathologist(s) is/are not directly employed by the treating facility, documentation must be provided to ensure adequate certification. 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 – Contractor will ensure that any physician designated to perform on-site work, under this contract, complete Credentialing and Privileging through the VA’s computerized credentialing system (VetPro). No on-site services will be provided by any contract physician prior to obtaining approval by the VA Medical Staff Professional Standards Board, Executive Committee of the Medical Staff and Director. Credentialing and privileging is to be done in accordance with the provisions of VHA Handbook 1100.19. The Contractor is responsible to ensure that proposed physician(s) possesses the requisite credentials enabling the granting of privileges. No services shall be provided by any Contractor’s pathologist(s) prior to obtaining approval by the VAMC Professional Standards Board, Medical Executive Board and Medical Center Director.

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. Privileges will require renewal at least every two (2) years in accordance with Medical Center and The Joint Commission (TJC) requirements. Physicians assigned by the contractor to work at the VA Medical Center will be required to report specific patient outcome information, such as complications, to the Service Chief. Quality Improvement data provided by the physicians and/or collected by the Services will be used to analyze individual practice patterns. The Service Chief will utilize the data to formulate recommendations for the Executive Committee of the Medical Staff and Director to consider in the renewal of clinical privileges.

2.1.4. Technical Proficiency - Contractor’s pathologist(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. Contractor shall provide verifiable evidence of all educational and training experiences including any gaps in educational history for all Contractor’s pathologist(s) and Contractor’s pathologist(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 pathologist(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 (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.

2.1.6.1. In performance of official duties, Contractor’s staff have regular access to printed and electronic files containing sensitive data, which must be protected under the provisions of the Privacy Act of 1974 (5 U.S.C. 552a), http://www.justice.gov/opcl/privstat.htm, and other applicable laws, Federal Regulations, Veterans Affairs statutes, policies and regulations, http://www.privacy.va.gov/docs/plregulations_po_book.pdf. Contractor’s staff are responsible for (1) protecting that data from unauthorized release or from loss, alteration, or unauthorized deletion and (2) following all applicable regulations and instructions regarding access to computerized files, release of access codes, etc., as set out in a computer access agreement which contract provider(s) signs.

2.1.6.2. Other Mandatory VA training as required. Contractors will be briefed on all required training by the COR upon reporting to the VAMC medical center.

1.

2.

2.1.

2.1.1.

2.1.2.

2.1.3.

2.1.4.

2.1.5.

2.1.6.

2.1.7. Infection Control Compliance: Contractor shall provide proof of the following tests for physicians performing on-site tasks 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 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.

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

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

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

2.1.7.5. 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. {This is applicable to all health care workers}.

2.1.7.6. COVID-19: Contractors shall comply with local VAMC guidance.

2.1.7.7. 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.

2.1.7.8. 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. 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 of the solicitation document.

2.1.10. Citizenship Related Requirements:

2.1.10.1. 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;

2.1.10.2. 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.

2.1.10.3. 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.

2.1.10.4. 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.

2.1.10.5. 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.

2.1.11. 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.

2.1.11.1. 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 pathologist(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.

2.1.11.2. 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.

2.1.12. 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.

2.1.13. Non- Personal Healthcare Services: The parties agree that the Contractor and all Contractor’s pathologist(s) shall not be considered VA employees for any purpose.

2.1.14. 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.

2.1.15. Prohibition against Self-Referral: Contractor’s physicians are prohibited from referring VA patients to contractor’s or their own practice(s).

2.1.16. 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.

2.2. 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:

2.2.1. Workers’ compensation

2.2.2. Professional liability insurance

2.2.3. Health examinations to include;

2.2.4. Annual TB Skin Test and recent chest X-rat if there is a history of Positive TB skin test

2.2.5. Evidence of Hepatitis B immunity (hepatitis immune titer, if the individual has had the series of shots; if no immunity, evidence that the individual has started the Hepatitis B vaccination series

2.2.6. Evidence of a Hepatitis C titer

2.2.7. Varicella titer if contracted employee has not had chicken pox

2.2.8. Income tax withholding, and

2.2.9. Social security payments.

2.3. 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.

2.4. Key Personnel:

2.4.1. 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 perform a backup or co-review service assignment, the contractor shall provide replacement pathologist coverage within 1 hour and notify the Contracting Office Representative (COR) at the VAMC immediately of the schedule change.

2.4.2. 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 15 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 15 calendar days prior to making any permanent substitutions.

2.4.3. 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 substitutes. The contract will be modified to reflect any approved changes of key personnel.

2.4.4. For temporary substitutions where the key person shall not be reporting to work for three 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.

2.4.5. 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 pathologist(s) conduct. The final arbiter on questions of acceptability is the CO.

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

2.5.1. Note: Evidence of completion of required licensure, credentials, required training, current competencies and background investigations must be validated for all contractor personnel referred to perform services under this contract prior to providing direct patient care. Contractor shall not have any personnel report to duty until written notification is received from the Contracting Officer advising that the candidate(a) presented has met all requirements for contract performance.

3. VA HOURS OF OPERATION/SCHEDULING:

3.1. Business Hours: When needed, back-up services shall be available from the contractor 24 hours per day, seven days per week, including weekends and federal holidays. Contractor must provide coverage for all required shifts, including nights, weekends and holidays. Sunday through Saturday, includes federal holidays as outlined in the next paragraph.

3.1.1. Work Schedule: No defined schedule. Back-up and co-review pathologist services will be scheduled on an as-needed basis. Normal business hours for RJDVAMC are 7:30 a.m. to 4:30 p.m.

3.1.2. The on-site back-up pathologist/co-review service, when required, is estimated for 70 hours, per year. The off-site pathologist services will be calculated by the CPT codes.

3.1.2.1. On-call Contractor’s physician(s) must be available at all times for phone consultations with VA physicians.

3.1.2.2. On-call providers must be available within 15 minutes by phone and onsite within 60 minutes.

3.1.3. Federal Holidays:

3.1.3.1. New Year’s Day

3.1.3.2. Martin Luther King’s Birthday

3.1.3.3. President’s Day

3.1.3.4. Memorial Day

3.1.3.5. Juneteenth

3.1.3.6. Independence Day

3.1.3.7. Labor Day

3.1.3.8. Columbus Day

3.1.3.9. Veterans Day

3.1.3.10. Thanksgiving Day

3.1.3.11. Christmas Day

3.1.3.12. Any day specifically declared to be a national holiday.

4. CONTRACTOR RESPONSIBILITIES

4.1. Services Required: The contractor shall provide contract personnel who are competent, qualified per this performance work statement and adequately trained to perform assigned duties.

4.1.1. Contractor’s pathologist(s) 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.

4.2. Standards of Care: The Contractor’s pathologist(s) shall cover the range of Pathology 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 ABPATH, VA and national standards as established by:

4.2.1. American Board of Pathology: www.abpath.org

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

4.2.4. The standards of Commission on Office Laboratory Accreditation (COLA) www.cola.org and;

4.2.5. The requirements contained in this PWS

4.3. Contractor shall provide professional, technical or global services for surgical pathology and cytology as requested with patient requisitions. Daily volume of each service (technical, professional or global CPT services) will vary dependent upon the needs of the VAMC Laboratory. Contractor will provide courier service to transport Patient specimens from the VA to the Contractor’s location. Contractor shall:

4.3.1. Receive for processing (technical component) uncut, gross surgical specimens fresh or in fixative.

4.3.2. Receive for processing (technical component) cytology specimens, including pap smears, body fluids, fine needle aspirations and flow cytometry samples.

4.3.3. Receive for processing bone marrow samples.

4.3.4. Perform technical only, professional service only, or global service (technical and professional components) for each sample as designated on patient testing requisition accompanying specimen.