36C25526Q0038_1.docx

36C25526Q0038

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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

36C25526Q0038 06-09-2026 Haas, Kayla / kayla.haas@va.gov 913-946-1111 07-10-2026

5:00 PM

CDT

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

KS

66048 X X 621498 $25.5 Million N/A X Department of Veterans Affairs Robert J. Dole VA Medical Center 5500 E. Kellogg Dr.

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 This solicitation is for non-personal health care services for on-site sleep study services and scoring using Registered Polysomnographic Technicians (RPSGT) to provide sleep studies on-site at the VA Sleep Center.

Schedule of services begins on page 5. Performance Work Statement begins on page 15.

These services will be performed at the Robert J. Dole VA Medical Center in Wichita, Kansas.

See CONTINUATION Page X X X Haas, Kayla 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: Name of Company:

Point of Contact:

Title:

Address:

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

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.

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

36C25526Q0038

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B.2 SCHEDULE OF SERVICES

Period of Performance: BASE YEAR: 2/1/2027 to 1/31/2028

Annual Cost

Each

Each

Each

Each

Each

OPTION YEAR 1: 2/1/2028 to 1/31/2029

Annual Cost

Each

Each

Each

Each

OPTION YEAR 2: 2/1/2029 to 1/31/2030

Annual Cost

Each

Each

Each

Each

OPTION YEAR 3: 2/1/2030 to 1/31/2031

Annual Cost

Each

Each

Each

Each

OPTION YEAR 4: 5/1/2028 to 4/30/2029

Annual Cost

Each

Each

Each

Each

EST. TOTAL FOR BASE PERFORMANCE PERIOD AND ALL OPTION YEARS: $_______________

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B.3 PERFORMANCE WORK STATEMENT – ON-SITE SLEEP STUDY SERVICES

1. GENERAL:

1.1. Services to be Performed: The Contractor shall furnish all personnel necessary to provide On-Site Sleep Study Services and Scoring using Registered Polysomnographic Technicians (RPSGT) to provide sleep studies on-site at the VA Sleep Center to eligible beneficiaries of the Department of Veterans Affairs (VA), Robert J. Dole (RJD) VA Medical Center (VAMC).

The contractor shall perform sleep studies Nightly, 7 days per week, 365 days per year, including weekends and holidays.

Services shall conform to the latest American Academy of Sleep Medicine (AASM) standard guidelines, https://www.aasm.org/clinical-resources/practice-standards/practice-guidelines/. The VAMC requires RPSGT services to score the acquired sleep studies per the ASSM guidelines for Scoring of Sleep and Associated Events, https://www.aasm.org/clinical-resources/scoring-manual/.

Contractor-performed diagnostic procedures shall include patient appointment scheduling, and re-scheduling as necessary, and performance of sleep studies, including, but not limited to full night diagnostic, full night CPAP/BiPAP, split night studies, issue/education/set up and scoring of home sleep apnea tests (HSAT), multiple sleep latency tests (MSLT), and maintenance of wakefulness tests (MWT), and all aspects of patient preparation, monitoring and study management.

1.1.1. On-Site Study and HSAT scoring shall be completed using the currently available sleep system and the VA’s Somnoware VA-network-based program. Contractor RPSGT(s) shall be adept in the operation of both systems.

1.2. The VA will provide all necessary space – bedroom(s) with bed(s), equipment, computer network access, programs and software, and associated supplies and consumables required to perform all studies, including linens, oxygen and compressed air, and a locking storage space/closet area.

1.3. Contractor-performed sleep studies (full night diagnostic, full night CPAP/BiPAP, split night and home multiple sleep latency test (MSLT) and maintenance of wakefulness test (MWT) will be acquired at the VA Sleep Center and will consist of four or more sleep stages.

1.4. HSAT equipment items are, and shall always remain the property of VA, issued to the Veteran by the VA, to include supplies needed to perform the HSAT at Veteran’s home. HSAT equipment items are picked up by the Veteran at the Dole VAMC, any of the outlying Community Based Outpatient Clinics (CBOCs), or are mailed to the Veteran by the VA. Contractors shall issue VA-owned HSAT devices to Dole VAMC patients at the Dole VAMC only, and shall set up the device, educate the patient on operation and function and provide instructions for returning the equipment to Dole VAMC. VA reserves the right to perform these services using VA personnel periodically.

1.4.1. HSAT devices for issuance are in the Sleep lab technical room, 414A. Contractor shall secure a signature form, signed by patient and issuing/educating staff identifying the issued Government property device and acknowledgement of training. Device serial and box numbers are on form. Upon the veteran’s return of the HSAT equipment to the VA, the HSAT shall be scored by Contractor’s RPSGT within 24 hours of receiving HSAT device from VA. If an HSAT cannot be scored and completed, Contractor shall promptly notify the VA of the incomplete HSAT and document the patient record.

1.5. Onsite equipment items are, and shall always remain the property of VA. All equipment required for performing polysomnography will be provided by the VA. CPAP/BiPAP and Home Sleep Study equipment will also be provided by the VA. In-service, education, maintenance and upgrade agreements and contracts with equipment vendors are sole functions of the VA.

1.6. Contractors shall not interpret sleep studies. VA physicians will interpret sleep studies scored by the contractor.

1.7. Place of Performance -Contractor shall furnish services at the Robert J. Dole VAMC, Sleep Center, 5500 East Kellogg Dr., Wichita, KS 67218.

1.7.1. Building 1, Technical Room 414A, Patient Sleep Rooms 412 and 414.

1.8. Authority: Solicitation and Award shall utilize the procedures as set for the Federal Acquisition Regulation Parts 12 and 15.

1.9. POLICIES/DIRECTIVES/HANDBOOKS: The contractor shall be subject to the following policies, including any subsequent updates during the period of performance. The policies listed below can be accessed electronically at the following: VA Publications VHA Publications

1.9.1. VHA Directive 1003.04: VHA Patient Advocacy

1.9.2. VHA Directive 1065(1): Productivity and Staffing Guidance for Specialty Provider Group Practice

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

1.9.4. VHA Directive 1100.20: Credentialing of Health Care Providers

1.9.5. VHA Directive 1100.21: Privileging

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

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

1.9.8. VHA Directive 1605.01: Privacy and Release of Information

1.9.9. VA Directive 1663: Health Care Resources Contracting - Buying

1.9.10. VHA Handbook 1100.17: National Practitioner Data Bank Reports

1.9.11. VHA Handbook 1100.18: Reporting and Responding To State Licensing Boards

1.9.12. VHA Handbook 1907.01: VHA Health Information Management and Health Records

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

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

1.10.1. AASM: American Academy of Sleep Medicine

1.10.2. BLS: Basic Life Support

1.10.3. BRPT: Board of Registered Polysomnographic Technologists

1.10.4. CDC: Centers for Disease Control and Prevention

1.10.5. CDR: Contract Deficiency Report

1.10.6. CMS: Centers for Medicare and Medicaid Services

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

1.10.8. 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.

1.10.9. COS: Chief of Staff

1.10.10. CPARS: Contractor Performance Assessment Reporting System

1.10.11. CPRS: Computerized Patient Record System (see also EHR below)

1.10.12. CPT: Common Procedural Terminology – As used here, CPT is a code with an associated description of a procedures. CPT is not used as a pricing or cost factor and as used here, is a service description only.

1.10.13. DEA: Drug Enforcement Agency

1.10.14. ED: Emergency Department

1.10.15. EHR: Electronic Health Record - electronic health record system used by the VA ** Note – EHR and CPRS are used interchangeably in this document and contract performance, and both refer to the same system type, function and purpose.

1.10.16. FAR: Federal Acquisition Regulation

1.10.17. FSMB: Federation of State Medical Boards

1.10.18. HHS: Department of Health and Human Services

1.10.19. HIPAA: Health Insurance Portability and Accountability Act

1.10.20. ISO: Information Security Officer

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

1.10.22. NPPES: National Plan and Provider Enumeration System

1.10.23. POP: Period of Performance

1.10.24. PPD: Purified Protein Derivative

1.10.25. PWS: Performance Work Statement

1.10.26. QASP: Quality Assurance Surveillance Plan

1.10.27. RPSGT: Registered Polysomnographic Technician

1.10.28. VA: Department of Veterans Affairs

1.10.29. VA-FSC: VA Financial Services Center

1.10.30. VAMC: Veterans Affairs Medical Center-: Unless identified with the name of a different VA medical Center, for purposes of this contract, this term shall mean the Robert J. Dole (RJD) Medical Center.

1.10.31. VetPro: VHA’s mandatory credentialing software platform to document the credentialing of VHA healthcare providers.

1.10.32. VHA: Veterans Health Administration

1.10.33. VISN: Veterans Integrated Services

1.10.34. VISTA: Veterans Integrated Systems Technology Architecture

2. QUALIFICATIONS

2.1. Staff/Facility:

2.1.1. Registration: The Contractor’s RPSGT(s) assigned to perform the services covered by this contract shall be currently registered in any State, Territory, or Commonwealth of the United States or the District of Columbia when RPSGT scope of practice services are performed onsite on VA property.

2.1.1.1. All registrations held by the personnel working on this contract shall be full and unrestricted. Contractor’s RPSGT(s) who have current, full and unrestricted registrations in one or more states, but who have, or ever had, a registration restricted, suspended, revoked, voluntarily revoked, voluntarily surrendered pending action or denied upon application will not be considered for the purposes of this contract. The qualifications of such personnel shall also be subject to review by the VA Chief of Staff and approved by the VA Facility Director.

2.1.2. Board Certification: All contractor’s RPSGT(s) shall be certified by the Board of Registered Polysomnographic Technologists (BRPT), and be currently certified in Basic Life Support (BLS) or equivalency in conjunction with RPSGT work in accordance with AASM guidelines consisting of Scoring acquired Sleep Studies:

2.1.2.1. Full Night CPAP/BiPAP,

2.1.2.2. Split Night,

2.1.2.3. HSAT,

2.1.2.4. MSLAT/MWAT

2.1.3. Credentialing and Privileging: Credentialing and privileging is to be done in accordance with the provisions of VHA Directives 1100.20 and 1100.21 referenced above. The contractor is responsible for ensuring that proposed RPSGT(s) possess the requisite credentials enabling the granting privileges. No services shall be performed prior to obtaining approval, including network access, completion of security processes and background investigation scheduling, and issuance of a VA-issued Access Badge (Personal Identity Verification or USAccess Card).

2.1.3.1. If a Contractor’s RPSGT(s) are not approved or has credentials/privileges suspended or revoked, the Contractor shall immediately propose an acceptable substitute RPSGT to the Contracting Officer without any additional cost to the government.

2.1.4. RPSGT shall have knowledge of respiratory, neurological, cardiac and psychiatric conditions associated with sleep disorders, be able to recognize epileptiform discharges, paroxysmal slow wave activity, changes in sleep architecture, cardiac arrhythmias, Cheyne-Stokes respirations, mixed hypopneas and normal sleep patterns. Technicians providing services shall be knowledgeable in electroencephalography (EEG) and electromyography (EMG), and respiratory care.

2.1.5. RPSGT licenses and certifications must be always kept current and active. Documentation verifying current licenses and certifications shall be provided by the Contractor to the VA COR on an annual basis for each year of contract performance.

2.1.6. Technical Proficiency: Contractor’s RPSGT(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 experience related to performance of the requirements of the contract. Contractor is responsible for RPSGT conformance with the Facility's Medical Staff By-Laws, rules, and regulations (referenced herein) that govern medical staff behavior, including conformance to the requirements of the contract.

2.1.7. 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 Contractor’s RPSGT as required by the VA. The VA reserves the right to add training requirements as they may become necessary for efficient operation of services and where mandated by law, regulation or policy. VA will communicate any changes to the contractor.

2.1.7.1. All required training shall be at Contractor expense except where VA provides the equipment, e.g. computers, trainers and space to the Contractor for training completion.

2.1.7.2. All training shall be completed at times that do not interfere with performing sleep studies or related functions, such as patient observation.

2.1.8. STANDARD INFECTION CONTROL MEASURES (PPD, IMMUNIZATIONS, ETC.): Contractor shall provide proof of the following tests for physicians within five (5) calendar days after contract award and prior to first duty shift to the COR and CO. Tests shall be current within the past year.

2.1.8.1. TUBERCULOSIS TESTING: Contractor shall provide proof of a negative Tuberculosis Skin Test (TST) or interferon-gamma release assays (IGRA) for all Contractor’s RPSGT(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. The TST or IGRA testing shall be repeated annually.

2.1.8.2. MEASLES, MUMPS, & RUBELLA TESTING: Contractors shall provide proof of immunity for all Contractor RPSGT(s).

2.1.8.3. VARICELLA: Contractors shall provide proof of immunity for all Contractor RPSGT(s).

2.1.8.4. ACELLULAR PERTUSSIS: Contractors shall provide proof of 1 dose of Tdap vaccination for all Contractor RPSGT(s).

2.1.8.5. INFLUENZA: Contractor shall provide proof that all Contractor RPSGT(s) have received the annual Influenza vaccine unless it is contraindicated. If the Contractor RPSGT has a medical contraindication to the vaccine they shall be required to wear a mask during the Influenza season.

2.1.8.6. 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 RPSGT(s); 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.

2.1.8.7. 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. Contractors shall provide follow up documentation of clearance to return to the workplace prior to their return.

2.1.8.8. Use of Masks, other Personal Protective Equipment (PPE): Contractor’s RPSGT(s) shall abide by all VAMC mask and PPE requirements as established by VA and RJD policies while on VAMC property, including entrances/common areas, patient exam locations, during patient encounters and duty/work areas during performance of the contract where masks and PPE requirements are indicated by the policies, and in common areas, e.g. hallways, etc.

2.1.9. Conflict of Interest (COI): The Contractor and all contractor’s RPSGT(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.

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, because 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 VA 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 VA 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 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 RPSGT(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 Contractor’s RPSGT(s) or the Contractor firm are not listed as of the date the quote was submitted.

2.2. Clinical/Professional Performance: The qualifications of Contractor personnel are subject to review by VAMC CoS or his/her clinical designee and approval by the Medical Center Director as provided in VHA Directive 1100.20 and VHA Directive 100.21. Clinical/Professional performance monitoring and review of all clinical personnel covered by this contract for quality purposes will be provided by the VAMC COS and/or the Chief of the Service or his designee. A clinical COR may be appointed, however, only the CO is authorized to consider any contract modification request and/or make changes to the contract during the administration of the resultant contract.

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

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

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

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

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

2.7.1. Workers’ compensation

2.7.2. Professional liability insurance

2.7.3. Health examinations

2.7.4. Income tax withholding, and

2.7.5. Social security payments.

2.8. Tort Liability: The Federal Tort Claims Act does not cover Contractor or Contractor’s RPSGT(s). When a Contractor or Contractor’s RPSGT(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 RPSGT(s)) action or non-action shall be the responsibility of the Contractor and/or insurance carrier.

2.9. Key Personnel: “Replacement” differs from “Substitution”. For the purpose of this contract: Replacement refers to supporting the contract requirements with a pre-existing approved key personnel in place of another approved key personnel.

2.9.1. The minimum number of RPSGT(s) shall be established by the offeror of the contract in the quantities and schedules sufficient to perform the services described every day of the year commencing with the first day of the period of performance for two (2) patients daily for overnight studies, scheduled by the contractor, year-round – 52 weeks per year, seven (7) days per week, and additional periodic studies outside of the “overnight” schedule, which will occur in day-time hours between 8:00 a.m. Central Time and 5:30 p.m. Central Time. The contractor shall be responsible for scheduling contractor RPSGT(s) to perform the contract.

2.9.1.1. The contractor shall maintain sufficient available staff for replacement of absent RPSGT(s), including advanced, planned absences and unplanned, little or no-notice absences. “Absences” also includes RPSGT illness or injury while performing the contract.

2.9.1.2. In the event a scheduled RPSGT is unavailable, the contractor shall provide immediate replacement of absent RPSGT(s) within 60 minutes of notification of the absence and notify the COR of the schedule change.

2.9.2. Personnel Substitution: Note: “Substitution” differs from “Replacement”. For the purpose of this contract: Substitution refers to key personnel removal and replacement.

2.9.2.1. Substitutions of Key Personnel is not in the best interest of Government and contract performance. The Contractor shall maintain RPSGT staffing for the duration of the period(s) of performance and avoid substitutions. Contractor shall make NO key personnel substitutions during the first one hundred eighty (180) calendar days of contract performance.

2.9.2.1.1. Exception: Should substitution be necessitated due to long-term absence conditions, such as illness, death or termination of employment, Contractor shall evidence the long term absence by –

2.9.2.1.1.1. Notifying the Contracting Officer verbally, followed up in writing, and

2.9.2.1.1.2. Immediately surrendering the RPSGT’s PIV Card (or USAccess Card) to either the Contracting Officer, the COR or to the VA Police.

2.9.2.2. The Contractor shall notify the CO, in writing, within 3 business days of the need for substitution.

2.9.2.3. For substitution needs after 180 calendar days of contract performance, the Contractor shall propose the key personnel change not less than 30 calendar days prior to the expected date of the loss of key personnel.

2.9.2.4. The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, and shall provide the same qualifications materials for the proposed substitution as for the original key personnel submitted at the time of proposal to the CO.

2.9.2.5. The Contractor shall endeavor to avoid necessity for key personnel substitution. The Government reserves the right to refuse any request for personnel substitution during the performance of the contract.

2.9.2.5.1. The Government reserves the right to refuse VA access to any Contractor RPSGT at any time after performance begins, including but not limited to refusal 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 contracted work tasks, or other conduct identified by complaints by patients, VA staff or other Government representatives.

2.9.2.5.2. Standards for conduct shall mirror those prescribed federal employees. Documented clinical problems, unprofessional behavior or actions with any patient or VA staff may warrant CO action, including immediate refusal of VA access.

2.9.2.5.3. The CO is the final arbiter on questions of acceptability.

2.9.2.6. Contingency Plan: Because continuity of care is an essential part of VAMC’s medical service mission, the Contractor shall have and maintain a contingency plan, having been submitted to and approved by the Contracting Officer, in place that addresses how the Contractor will perform the contract in the event(s) of personnel loss or absence, and maintain continuity of care.

3. VA HOURS OF OPERATION/SCHEDULING:

3.1. VA Business Hours: Monday through Friday, except Federal Holidays, 8:00 a.m. through 4:30 p.m.

3.2. Sleep Study Clinic Hours: Year-Round: Sunday through Saturday, including Federal Holidays and Weekends, 8:00 p.m. through 8:00 a.m., and, for performance of MSLT/MWT (reference section 1), 8:00 a.m. through 5:30 p.m.

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

3.2.2. Contractor’s RPSGT(s) shall be available, present and performing services in the sleep lab during normal clinic hours stated above.

3.3. Federal Holidays: The following holidays are observed by the Department of Veterans Affairs; however, contractors shall perform services on Federal Holidays and Weekends in accordance with section 1 above, and other places in this PWS:

· New Year’s Day

· President’s Day

· Martin Luther King’s Birthday

· Memorial Day

· Juneteenth

· Independence Day

· Labor Day

· Columbus Day

· Veterans Day

· Thanksgiving

· Christmas

· Any day specifically declared to be a national holiday.

3.4. Cancellations: Contractor employees must contact the contractor not the COR, regarding cancellations, changes in scheduling, etc. The contractor shall in turn contact the COR/CO of employee cancellation. The VA may cancel a shift request at any time for any reason. If cancellation notice is given to the contractor two (2) hours or more prior to the shift, then no charge shall be made to the Government. If cancellation notice is given to the contractor less than two (2) hours prior to a shift, the VA shall be liable for a two (2) hour cancellation fee at the same hourly rate as specified in the agreement. Patients will be rescheduled as soon as the schedule allows.

3.4.1. Unless a state of emergency has been declared or clinics are otherwise cancelled by the VAMC, the Contractor shall provide services required by the contract daily.

4. CONTRACTOR RESPONSIBILITIES:

4.1. Clinical Personnel Required: The Contractor shall provide RPSGT(s) who are trained, certified, experienced, competent and qualified to perform the work required by this PWS.

4.1.1. Contractor personnel shall perform on-site sleep studies, including but not limited to patient scheduling, patient management, assistance with patient mobility needs when physically able to assist, sleep study management and monitoring, documentation and scoring, and shall perform receipt of and documenting and scoring HSAT studies, and shall document failed or incomplete studies.

4.1.2. Contractor’s RPSGT(s) shall be responsible for signing-in and signing-out on a sleep lab attendance log, by name and duty title, each date of performance of the contract. COR will confirm services provided against the contractor’s invoices.

4.2. Standards of Care: The Contractor’s RPSGT(s) care shall cover the range of sleep study/studies described in this PWS and commensurate with industry standards and with VA, VHA and Dole VAMC standards of care and policies, using VA-owned equipment described herein, including conformance to the American Academy of Sleep Medicine (AASM) standard guidelines, located at https://www.aasm.org/clinical-resources/practice-standards/practice-guidelines/ and the requirements contained in this PWS .

4.2.1. Contractor shall document reasons for failed and incomplete studies, patient refusal of studies, including no-shows (patient does not arrive for appointment on time, or complete absence).

4.2.1.1. When studies are identified by the Contractor to be failed or incomplete due to clinical reasons, Contractor shall notify the VA. The VA will determine if rescheduling for a repeat study is required. If required, the VA will issue a new order (consult) establishing the need for the study to the Contractor.

4.2.2. Contractor employees will hold and maintain PIV badges for entry into the VA Medical Center and work area and use the PIV for access to the VA computer network, e-mail and programs necessary to perform the contract.

4.2.2.1.…