36C25525Q0252.docx

36C25525Q0252

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

36C25525Q0252 07-08-2025 SHOWERS, STEPHEN stephen.showers@va.gov 785-350-3111 Ext 52487 08-08-2025 16:30

CDT

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

KS

66048 X 621492 $47 Million N/A X Department of Veterans Affairs NCO 15 Contracting 3450 S 4th Street

KS

66048 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 The purpose of this solicitation is to procure On-site Hemodialysis Services in accordance with the Performance Work Statement (PWS) and the terms, conditions, and prices as stated herein.

Services will be performed at the Columbia Veterans Medical Center, Columbia MO.

Healthcare resources consist of registered nurses trained in dialysis and equipment as outlined in the PWS.

See CONTINUATION Page To be funded by individual Task Orders.

X X

OSBORN, ASHLEY

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:

b. GOVERNMENT: Contracting Officer 36C255 Ashley Osborn Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway Leavenworth KS 66048 Email: Ashley.Osborn@va.gov

SECURE FAX - Please review VA Handbook 6500 that requires the following statement on all fax cover sheets be included:

“This fax is intended only for the use of the person or office to which it is addressed and may contain information that is privileged, confidential, or protected by law. All others are hereby notified that the receipt of this fax does not waive any applicable privilege or exemption for disclosure and that any dissemination, 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.”

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. The latest information shall be used for invoicing payments and may change during the Period of Performance of this acquisition. Current invoicing information is located at http://www.fsc.va.gov/einvoice.asp.

5. POST AWARD ORIENTATION:

The Contracting Officer may schedule a post award orientation for contract orientation purposes in accordance with FAR 42.502.

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

6. 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/online-forms and clicking on “Submit a Complaint”. If you experience difficulty accessing the website, call the Hotline at 1-800-488-8244 for further instructions.

“System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations. Examples include 52.222-25, Affirmative Action Compliance, and paragraph (d) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services. Contracting officers will not consider these representations when making award decisions or enforce requirements. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.”

B.2 SCHEDULE OF SERVICES AND PRICE

SCHEDULE OF SERVICES

The Contractor shall furnish all personnel to provide services necessary to perform On-site Acute Dialysis Services as identified herein to eligible beneficiaries of the Department of Veterans Affairs Medical Center, Columbia, MO VA Health Care System (hereinafter referred to as VAMC).

Place of Performance: Services shall be provided on site, Harry S. Truman Memorial Veterans' Hospital, 800 Hospital Drive, Columbia, MO 65201-5297.

This is a firm fixed price indefinite delivery, indefinite quantity contract since it is impossible to determine with any certainty the amount of services that will be required under this 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 and maximum value of services to be provided under this contract during each contract year are as follows:

Pricing Instructions: The offeror is instructed to edit the number of Line Item Unit numbers to correspond with the number of procedures submitted for the contract line item number.

The quantities and pricing are according to each Period of Performance (PoP). They shall remain the same throughout each PoP. With each exercised option, the LINs and PoP will be updated and coordinate with the current performance period.

Period of Performance: BASE YEAR: 1 January 2026 to 31 December 2026

Qty.

ESTIMATED TOTAL FOR BASE

Each

OPTION YEAR 1: 1 January 2027 to 31 December 2027

ESTIMATED TOTAL OPTION YEAR 1

Each

OPTION YEAR 2: 1 January 2028 to 31 December 2028

ESTIMATED TOTAL OPTION YEAR 2

Each

OPTION YEAR 3: 1 January 2029 to 31 December 2029

ESTIMATED TOTAL OPTION YEAR 3

Each

OPTION YEAR 4: 1 January 2030 to 31 December 2030

ESTIMATED TOTAL OPTION YEAR 4

Each

Estimated total for base performance period and all option years: ______________

36C25525Q0252

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B.3 PERFOMANCE WORK STATEMENT

On-site Acute Dialysis Services

1. GENERAL:

0. Services Provided: The Contractor shall provide On-site Acute Dialysis Services in accordance with the terms, conditions, and specifications contained herein to beneficiaries of the Department of Veteran Affairs (VA), Columbia, MO VA Health Care System (VAHCS).

0. Place of Performance: The contractor shall furnish services at the Columbia VAMC.

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

0. Policy/Directives/Handbooks: The contractor shall be subject to the following policies, including any subsequent updates during the period of performance:

3. VHA Directive 1100.18: Reporting And Responding To State Licensing Boards: https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=9174

3. VHA Directive 1100.20 Credentialing of Health Care Providers: https://www.va.gov/vhapublications/publications.cfm?pub=1

3. VHA Directive 1192.01: Seasonal Influenza Prevention Program: https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=5472

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

3. VHA Directive 1907.01: VHA Health Information Management and Health Records: https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=9235

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

3. Joint Commission: http://www.jointcommission.org/standards/

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

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

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

4. ACLS: Advanced Cardiac Life Support

4. BLS: Basic Life Support

4. CS: Contract Specialist

4. CDC: Centers for Disease Control and Prevention

4. CDR: Contract Discrepancy Report

4. CEU: Certified Education Unit

4. CME: Continuing Medical Education

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

4. COR: Contracting Officer’s Representative – 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.

4. COS: Chief of Staff

4. CPARS: Contractor Performance Assessment Reporting System

4. DEA: Drug Enforcement Agency

4. DOL: Department of Labor

4. ED: Emergency Department

4. EHR: Electronic Health Record - electronic health record system used by the VA

4. EMR: Electronic Medical Record

4. FAR: Federal Acquisition Regulation. Principal set of rules (i.e., body of laws) in the Federal Acquisition Regulation System that governs the U.S. Federal Government’s procurement process.

4. FTEE: Full Time Equivalency Employee is defined by VA as a minimum of 80 hours every two weeks and does not include holidays.

4. HHS: Department of Health and Human Services

4. HIPAA: Health Insurance Portability and Accountability Act

4. HR: Human Resources

4. ISO: Information Security Officer

4. LIN: Contract Line-Item Number. Unit of work (or supply) to be performed (or delivered) by the contractor as a pay item.

4. NPI: National Provider Identifier 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).

4. OCI: Organizational Conflict of Interest. Refers to situations where, due to various relationships or activities, a contractor or individual might not be able to offer unbiased assistance or advice to the government. It can also refer to situations where the contractor's objectivity in executing the contract could be compromised, or where the contractor might possess an unfair competitive edge in securing government contracts.

4. OMB: Office of Management and Budget.

4. OIT: Office of Information and Technology

4. OPM: Office of Personnel Management

4. OR: Operating Room

4. OSHA: Occupational Safety and Health Administration

4. PA: Physician Assistant

4. PIV: Personal Identity Verification

4. PO: Privacy Officer. Individual within the VA who is responsible for managing the risks and impacts of privacy laws and policies.

4. POP: Period of Performance

4. PWS: Performance Work Statement

4. QA: Quality Assurance. Actions taken by the government to ensure contracted services meet PWS requirements.

4. QASP: Quality Assurance Surveillance Plan

4. QC: Quality Control. Actions taken by the contractor to control the performance of contracted services to meet the PWS requirements.

4. RFQ: Request for Quote

4. TJC: The Joint Commission. Organization that accredits health care organizations and programs in the United States.

4. VA: Veterans Affairs (or Department of Veterans Affairs).

4. VAMC: Veterans Affairs Medical Center

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

4. VISN: Veterans Integrated Services Network: The regional oversight for the VA medical centers.

4. 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.

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

4. VAMC: Veterans Affairs Medical Center (VAMC): Unless identified with the name of a different VA Medical Center, for the purpose of this contract, this term shall mean the Sioux Falls VA Medical Center.

4. VETS-100: Veterans Employment and Training Service report. Reporting required pursuant to the Vietnam Era Veterans' Readjustment Act of 1972. Federal contractors and subcontractors covered by the Act's affirmative action provisions are required to report annually to the Secretary of Labor the number of employees in their workforces, by job category and hiring location, who are qualified covered veterans.

4. VPN: Virtual Private Network. A secure network that uses primarily public telecommunication infrastructures, such as the Internet, to provide remote offices or traveling users an access to a central organizational network.

1. Qualifications: The contractor shall provide nurses with the following qualifications:

1. Staff/Facility

0. 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.

0. Credentialing: is to be done in accordance with the provisions of VHA Directive 1100.20 Credentialing of Health Care Providers. Contractor personnel must be able to pass the VAMC's credentialing process. Contract Dialysis Registered Nurses fulfilling the conditions of the contract shall be subject to all bylaws, rules and regulations of the VAMC.

1. At the time of the award, the contractor shall provide all information necessary to comply with VA requirements for credentialing and/or privileging of contracted personnel. If contracted personnel are not credentialed or has credentials suspended or revoked, the Contractor shall furnish an acceptable substitute without any additional cost to the government.

0. Technical Proficiency: Contract personnel 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. Contractors 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. Contractors shall provide verifiable evidence of all educational and training experiences including any gaps in educational history for all contract personnel and contract personnel shall be responsible for abiding by the Facility's Medical Staff By-Laws, rules, and regulations (referenced herein) that govern medical staff behavior.

0. Training (ACLS, 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 contractor personnel as required by the VA. Other training may become required. VA will communicate any changes to the training requirement to the contractor.

NOTE: Acute Dialysis Nurses are required to provide evidence of current BLS Training (or equivalent to include CPR/AED Training or VA Heart Saver Class). Training classes are offered at the Columbia VAMC at no cost to the contractor. Contact the COR for registration instructions.

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

4. 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) upon hire in accordance with CDC guidance. (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.

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

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

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}.

4. 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 mask during the Influenza season. {This is applicable to all health care workers}.

4. 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.

4. The facility 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.

0. Conflict of Interest: The Contractor and all contract personnel(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 and fully outlined in response to the subject attachment in Section D of the solicitation document.

0. Citizenship related Requirements:

6. 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.

6. 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.

6. 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.

6. 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.

0. 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.

7. 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 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.

7. By submitting their quote, 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.

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

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

1. 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.

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

1. Inherent Government Functions: Contractor and Contract personnel(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.

1. No Employee status: The Contractor shall be responsible for protecting Contract personnel(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:

6. Workers’ compensation

6. Professional liability insurance

6. Health examinations to include:

6. Income tax withholding, and

6. Social security payments

1. Tort Liability: The Federal Tort Claims Act does not cover Contractor or contract personnel(s). When Contractor or contract personnel 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 provider (s)) action or non-action shall be the responsibility of the Contractor and/or insurance carrier.

1. Key Personnel:

8. The contractor shall identify/provide a minimum of two (2) Registered Nurses, licensed, trained, and certified, to provide On-Site Acute Dialysis Nursing Services.

8. 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 provider is unable to complete an assigned shift, the contractor shall provide replacement provider coverage within 2 hours and notify the Contracting Office Representative (COR) immediately of the schedule change.

8. Contractor shall provide the names of contract personnel assigned to the performance of this contract:

8. 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 90 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 45 calendar days prior to making any permanent substitutions.

8. 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 45 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.

8. For temporary substitutions where the key person shall not be reporting to work for five (5) consecutive workdays 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.

8. 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 contract personnel(s), s/he may request, without cause, immediate replacement of said contract personnel(s).

8. The CO and COR shall deal with issues raised concerning Contract personnel(s) conduct. The final arbiter on questions of acceptability is the CO.

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

8. 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 (s) presented has met all requirements for contract performance.

1. VA HOURS OF OPERATION/SCHEDULING:

2. Work Schedule: Coverage hours are continuous, 24 hours a day, seven (7) days a week, including weekends and Federal Holidays.

0. Business Hours for the VAMC follow: Administrative hours: Monday through Friday, 8:00 a.m. – 4:30 p.m.

0. It is required that one (1) Dialysis Nurse be on-call for 24 hours a day, seven (7) days a week including all Federal Holidays, who can report to the Columbia VAMC within 60 minutes of notification to support emergent cases.

0. On-call service is considered part of the contract service and will not be paid separately. Any procedure performed during an on-call status for an emergency procedure shall be paid the same rate as the regular procedure.

0. The Columbia VAMC will notify the contractor one (1) business day in advance of the procedure date for recurring and routine requirements.

0. Disaster/Emergency Coverage. Unless a state of emergency has been declared or services are otherwise cancelled by the Columbia VAMC, the Contractor shall be available and present during scheduled procedure day/time.

0. Absences. Appropriate coverage shall be provided in accordance with the contract terms and conditions and must be supplied by the contractor. The contractor’s employee(s) must be present at the Columbia VAMC and must be able to perform the required service(s) for the period specified in the contract. Back-up coverage is required at all times.

0. Cancellation.

6. The VA must be informed at least 72 hours in advance if there will be a significant change in the contractor’s ability to perform to allow for planning of service coverage and workload distribution.

6. The VA will notify the contractor when patient substitutions are used to prevent cancellation. In the event a patient substitution cannot be utilized, the VA will inform the contractor at least 72 hours in advance.

2. Federal Holidays:

Any other day specifically declared by the President of the United States to be a national holiday. Asterisk (*) indicates the dates change each year.

1. CONTRACTOR RESPONSIBILITIES:

0. Clinical Personnel Required: The contractor shall 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 Columbia VAMC will provide the water treatments, the Contractor shall provide needed labor, labor shall be continuous (7 days per week/24 hours per day) on a stand-by PRN coverage, supplies, and equipment for acute hemodialysis and peritoneal dialysis coverage at the Columbia VAMC.

0. Contract personnel(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.

0. Standards of Care: The Standards of Care should be equal to those provided by the VA if the VA were capable of providing the services required at their location. The contractor shall provide competent, quality Dialysis Service Nurses to required patients of the Columbia VAMC, in the performance of contract requirements. Contractor shall provide all services specified in this contract for any VA beneficiary 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:

1. American Nephrology Nurses Association

1. Advancement of Medical Instrumentation

2. 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

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

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

2. The requirements contained in this PWS

0. MEDICAL RECORDS

3. Authorities: Contract personnel(s) providing healthcare services to VA patients shall be considered as part of the Department Healthcare Activity and shall comply with the 5 U.S.C.552a (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).

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. Health 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’ (24VA10A7). 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 provided to VA patients are captured in the VA electronic health record system as required by VA policy.

3. Disclosure: Contract personnel(s) may have access to patient medical records for the purpose of providing medical care and services to VA patients and performing services under the contract; however, Contractor shall obtain permission from the VA before disclosing any patient information outside VA. VA authorizes the Contractor to discuss patient health information for coordination of care with community health care providers in compliance with VA regulations, HIPAA and VHA Directive 1605.01, Privacy and Release of Information. The VA will provide the Contractor with a copy of VHA Directive 1907.01, Health Information Management and Health Records and VHA Directive 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.

3. Professional Standards for Documenting Care: Care shall be appropriately documented in medical records in accordance with standard commercial practice and guidelines established by VHA Directive 1907.01 Health Information Management and Health Records: https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=9235 and all guidelines provided by the Facility.

3. 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. Contractor will not release or disclose copies of records and will refer all such requests to the Release of Information Department at the VA facility were assigned.

3. Management for Medical Records: National Archives and Records Administration record disposition requirements are found in RCS 10-1 Chapter 6, 6000 series.

3. Confidentiality: VA will provide the contract personnel(s) access to pertinent patient medical information, within the existing privacy rules and regulations, for the purpose of providing coordinated comprehensive primary care. Contract personnel(s) shall ensure the confidentiality of all patient information and shall be held liable in the event of the breach of confidentiality.

3. Personal Identity Verification (PIV): Contract personnel(s) shall participate in computer security and documentation training as is all personnel practicing within the VA Medical Center. Contract personnel(s) shall comply with facility requirements to obtain personal security investigations, installation access and participate in the computer security and documentation training.

3. Records created by contract personnel(s) in the course of treating VA patients under this agreement are the property of the VA and shall not be accessed, released, transferred or destroyed except in accordance with applicable federal law and regulations. Contract personnel(s) shall maintain computer access and prepare for cases the following day by obtaining the patient information and record within the current electronic health record system for review.

3. Contract personnel(s) shall participate in quality improvement projects, initiatives, and reporting as requested.

9. VA utilizes a fully automated electronic medical record. The Electronic Medical Record (EMR) consists of two primary components. The first is the Veterans Health Information System and Technology Architecture (VISTA), which consists of commercial hardware and software developed by the VA. VISTA is a collection of over 100 applications that make up a comprehensive hospital information system. It includes both medical records and clinical applications or packages such as order entry, progress note, laboratory, radiology, and scheduling/admission-discharge-transfer and discharge summary. The present VISTA packages combined comprise an estimated 80 percent of the information maintained in the EMR. Contract personnel(s) shall be responsible for viewing the patient record within the EHR and will not be utilizing the VISTA system.

9. The second component uses optical disk imaging technology to meet the remaining 20 percent of the EMR information needs such as advance directive/guardianship papers, medical record documentation from non-VA facilities and informed consents.

9. VA will provide the necessary training to contract personnel(s) on the proper use and operation of the current computerized medical records system (Electronic Health Record - EHR). Contractor agrees and shall instruct their employees in signing computer security access agreements and is bound by confidentiality and release of information restrictions. For purposes of clarity, where the VA Forms reference “Contracted Employee Name” it shall mean “Contractor’s Employee Name.”

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

4. Quality Management/Quality Assurance Surveillance: Contract personnel shall be subject to Quality Management measures, such as patient satisfaction surveys, timely completion of medical records, and Peer Reviews. Methods of Surveillance: Focused Provider Practice Evaluation (FPPE) and Ongoing Provider Practice Evaluation (OPPE).