36C25621Q1735.docx

36C25621Q1735

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9.

ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE

WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15

CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTA

CHED

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. SIGNAT

URE OF OFFEROR/CONTRACTOR

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

36C25621Q1735 08-20-2021 Melanie Hawley 228-523-5069 08-31-2021

14:00 PM

CDT

Department of Veterans Affairs Network Contracting Office 16 400 Veterans Avenue Biloxi MS 39531 X X 561320 $30 Million N/A X Department of Veterans Affairs for SLVHCS 2400 Canal Street New Orleans LA 70119 Department of Veterans Affairs Network Contracting Office 16 400 Veterans Avenue Biloxi MS 39531

FSC e-Invoice Payment http://www.fsc.va.gov/fsc/einvoice.asp Invoice Setup Information 1-877-489-6135 invoice must be submitted electronically 1-877-489-6135 See CONTINUATION Page THIS REQUIREMENT IS 100% SET-ASIDE FOR SDVOSBs Contractor to provide staffing services per the terms and conditions and at the pricing stated herein.

Period of Performance- Four month ordering period See CONTINUATION Page X X Melanie Hawley

VA-VHA-2020-AC34AE75

Table of Contents

36C25621Q1735

SECTION B - CONTINUATION OF SF 1449 BLOCKS

Page 1 of Page 1 of

B.1 CONTRACT ADMINISTRATION DATA

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

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

a. CONTRACTOR (NAME/ADDRESS/CITY/STATE/ZIP):

Tax ID Number: ________________________ DUNS Number: _______________________

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor should be:

[X] 52.232-33 Payment by Electronic Funds Transfer- System of Award Management

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

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:

FSC e-Invoice Payment http://www.fsc.va.gov/fsc/einvoice.asp Invoice Setup Information 1-877-489-6135 Invoice must be submitted electronically

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

The resultant contract is a nonpersonal services contract in accordance with FAR 37.401.

B.2 SCHEDULE of SERVICES (PRICE) (Standard Form 1449, continuation of Block 20)

The Contractor shall provide Histotechnician (HT) and two Medical Technologists/Clinical Laboratory Scientists (MT/CLS) in accordance with Section B3 Performance Work Statement (PWS) and the terms and conditions stated herein. Contractor to furnish services to eligible Veteran beneficiaries enrolled with the Southeast Louisiana Veterans Health Care System (SLVHCS), New Orleans, LA at the prices specified herein.

Place of Performance: Contractor shall furnish services at SLVHCS, 2400 Canal Street, New Orleans, LA 70119.

This is award is an urgent Indefinite Delivery Indefinite Quantity (IDIQ) contract type with one ordering periods. Base Ordering Period of Performance is estimated subject to the effective date of award. It is preferred to be a single award; however, the Government reserves the right to make a multiple award.

Pricing Instructions:

The Contractor shall propose a minimum of one of each of the positions in table above as key personnel to be credentialed and be available for scheduling to meet the requirements of the contract.

The Government will order the below specified minimum contract value of services and may order up to and including the below specified maximum contract value of services through task orders under this basis Indefinite Delivery Indefinite Quantity (IDIQ) contract during the duration of the contract. The maximum amount under this contract is not guaranteed. The task orders shall be issued by each period of performance and will cover the funding/payments for services that are based on, as further explained within this solicitation.

Contract Minimum: $150.00 Contract Maximum: $350,000.00

All unit prices shall be a fixed price and all inclusive.

Period of Performance: Base four month ordering period.

BASE/Initial/1st Period of Performance (POP): Estimated four months -*not to exceed 640 hours of each CLIN below Actual Start is dependent on candidate’s acceptability and availability.

CLIN

Description

Estimated Hours/ Quantity

Total amount

Estimated Total for Initial/1st POP:

NOTE: The specified rates for use if FAR Clause 52.217-8 is exercised by the Government will be those rates in effect under the contract/task order preceding this option. (Refer to Section E FAR 52.212-2 regarding evaluation of this option). Pricing shall be considered evaluated at time of award.

ORDERS: This is a Fixed Price (FP) Indefinite Delivery/Indefinite Quantity (IDIQ) contract (see FAR 52.216-22).

Ordering Procedures:

a. This contract type allows the Department of Veteran Affairs Network Contracting Office 16 (NCO 16) Contracting Officers (CO) to place orders with the contractor on an as needed basis, in accordance with the FAR Clauses 52.216-18, Ordering. NCO 16 will obligate the funding and order the services by issuing a task order.

b. The contractor shall initiate work when, so directed by a Task Order. No work under any Task Order shall be performed unless specifically authorized by the CO. COR will notify CO and Contractor one week prior of the next weeks schedule that requires contract staffing. Services may be needed one week or two weeks at a time. Approval of a Task Order shall not constitute approval to exceed any item listed in the contract or general provisions of the contract. The contractor shall not exceed the task order amount or change the task order without prior written approval of the CO.

c. Task orders within scope of the IDIQ contract will be issued unilaterally in accordance with the IDIQ Contract terms and conditions and bilaterally when change in terms and conditions is negotiated in accordance with contract clauses FAR 52.212-4 (c), FAR 52.216-18, FAR 52.216-19 and FAR 52.216-22.

d. Task order pricing for services will be based on IDIQ prices based on negotiated priced contract line items as outlined in B.2 Schedule of Services section of awarded IDIQ contract.

e. Contractor is required to deliver services in accordance with the task order terms and conditions during the task order specified period of performance.

f. The NCO 16 Contracting Officer is the only authorized official to issue task orders under this IDIQ Contract.

g. Task order prices shall be Fixed-Price (FP) as agreed to in the contractor’s schedule and individually funded.

h. Each task order shall have an established period of performance or delivery date. Individual Task order shall not exceed a 12-month period.

B.3 PERFORMANCE WORK STATEMENT

1. GENERAL:

1.1. Services Provided: The Contractor shall provide on-site Professional Laboratory Services for a Histotechnician and two Medical Technologists/Clinical Laboratory Scientists at the Southeast Louisiana Veterans Health Care System (SLVHCS), for varying periods of time and in various areas of the Pathology & Laboratory Medicine Service. Contractor’s personnel shall be subject to the quality assurance standards established by The Joint Commission and the Veterans Health Administration and shall perform in accordance with ethical, professional, and technical standards of the healthcare industry consistent with VA policy, regulations, procedures, and protocol.

1.2. Place of Performance: Contractor shall furnish services at SLVHCS, 2400 Canal Street, New Orleans, LA 70119.

1.3. Authority: Title 38 USC 8153, Health Care Resources (HCR) sharing authority and FAR Part 12 in combination with FAR 13.5 procedures will be used.

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

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

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

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

1.4.4. VHA Directive 1003.04: VHA Patient Advocacy: https://vaww.va.gov/vhapublications/ViewPublication.asp?pub_ID=5970

1.4.5. VHA Directive 1088: Communicating Test Results to Providers and Patients: https://vaww.va.gov/vhapublications/ViewPublication.asp?pub_ID=3148

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

1.4.7. VHA Directive 1220(1): Facility Procedure Complexity Designation Requirements to Perform Invasive Procedures In Any Clinical Setting: https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=8365

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

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

1.4.10. VHA Directive 2012-030 Credentialing of Health Care Professionals: https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=2815

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

1.4.12. VHA Directive 1085 Smoke-Free Policy for Patients, Visitors, Contractors, Volunteers, and Vendors at VA Health Care Facilities

HTTPS://WWW.VA.GOV/VHAPUBLICATIONS/VIEWPUBLICATION.ASP?PUB_ID=8242

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. American Society of Clinical Pathologists: http://www.ascp.org/

1.5.2. American Board of Pathology: http://www.abpath.org/

1.5.3. BLS: Basic Life Support

1.5.4. CDC: Centers for Disease Control and Prevention

1.5.5. CEU: Certified Education Unit

1.5.6. CLS: Clinical Laboratory Scientist

1.5.7. CME: Continuing Medical Education

1.5.8. CMS: Centers for Medicare and Medicaid Services

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

1.5.10. Contracting Officer’s Representative (COR): A person appointed by the CO to take necessary action to ensure the Contractor performs in accordance with and adheres to the specifications contained in the contract and to protect the interest of the Government. The COR shall report to the CO promptly any indication of non-compliance in order that appropriate action can be taken.

1.5.11. COS: Chief of Staff

1.5.12. CPARS: Contractor Performance Assessment Reporting System

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

1.5.14. CR: Contract Report formerly Contract Discrepancy Report (CDR) – part of Attachment D1

1.5.15. 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.

1.5.16. DEA: Drug Enforcement Agency

1.5.17. ED: Emergency Department

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

1.5.19. FSMB: Federation of State Medical Boards

1.5.20. 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.

1.5.21. HHS: Department of Health and Human Services

1.5.22. HIPAA: Health Insurance Portability and Accountability Act

1.5.23. HR: Human Resources

1.5.24. HT: Histotechnician

1.5.25. ISO: Information Security Officer

1.5.26. 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).

1.5.27. Non-Contractor’s provider(s): any person, organization, agency, or entity that is not directly or indirectly employed by the Contractor or any of its subcontractors

1.5.28. NPPES: National Plan and Provider Enumeration System

1.5.29. PA: Pathology Assistant

1.5.30. POP: Period of Performance

1.5.31. PPD: Purified Protein Derivative

1.5.32. PWS: Performance Work Statement

1.5.33. 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.

1.5.34. QA/QI: Quality Assurance/Quality Improvement

1.5.35. QM/PI: Quality Management/Performance Improvement

1.5.36. QASP: Quality Assurance Surveillance Plan

1.5.37. 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.

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

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

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

1.5.41. 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 New Orleans, Louisiana Medical Center [Southeast Louisiana Health Care System (SLVHCS)].

2. QUALIFICATIONS:

2.1. Staff

2.1.1. Histotechnician (HT) – Contractor’s personnel shall have appropriate current HT certification (PWS 4.4.1.2.1). 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. (Refer to Paragraph 4.4.1)

2.1.2. Medical Technologist/Clinical Laboratory Scientists– Contractor’s personnel shall have appropriate current MT/CLS certification (PWS 4.4.2.2.1). 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. (Refer to Paragraph 4.4.2)

2.1.3. Credentialing and Privileging: Credentialing and privileging is to be done in accordance with the provisions of VHA Handbook 1100.19 and VHA Directive 2012-030 referenced above. The Contractor is responsible to ensure that proposed provider(s) possesses the requisite credentials enabling the granting of privileges. No services shall be provided by any Contractor’s provider(s) prior to obtaining approval by the SLVHCS Professional Standards Board, Medical Executive Board and Medical Center Director.

2.1.3.1. If a Contractor’s provider(s) is not credentialed and privileged or has credentials/privileges suspended or revoked, the Contractor shall furnish an acceptable substitute without any additional cost to the government.

2.1.4. Technical Proficiency: Contractor’s provider(s) shall be technically proficient in the skills necessary to fulfill the government’s requirements, including the ability to speak, understand, read, and write English fluently. Contractor shall provide documents upon request of the CO/COR to verify current and ongoing competency, skills, certification and/or licensure related to the provision of care, treatment and/or services performed. Contractor shall provide verifiable evidence of all educational and training experiences including any gaps in educational history for all Contractor’s provider(s) and Contractor’s provider(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 provider(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 credentialing 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 provider(s).

2.1.6. Training (BLS, CPRS and VA MANDATORY): Contractor personnel 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.

2.1.6.1 MANDATORY TRAINING

2.1.6.1.1 All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and its systems:

2.1.6.1.1.1 Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, Appendix E relating to access to VA information and information systems

2.1.6.1.1.2 Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training

2.1.6.1.1.3 Successfully complete the appropriate VA privacy training and annually complete required privacy training

2.1.6.1.1.4 Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system access as may occur over the life of contract [refer to NIST Special Publication 800-16, Information Technology Security Training Requirements]

2.1.6.1.2 The contractor shall provide to the contracting officer and/or the COR a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required.

2.1.6.1.3 Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete.

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

2.1.7.1. TUBERCULOSIS TESTING: Contractor shall provide proof of a negative Tuberculosis Skin Test (TST) or interferon-gamma release assays (IGRA) for all Contractor’s personnel {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 personnel {This is applicable to all health care workers}.

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

2.1.7.5. INFLUENZA: Contractors shall provide proof that all Contractor personnel have received the annual Influenza vaccine unless it is contraindicated. If the Contractor personnel 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 vaccine: Per VHA Directive 1193 Coronavirus Disease 2019 Vaccination Program for Veterans Health Administration Health Care Personnel, Contractor shall ensure all clinic staff: a) receive a complete COVID-19 immunization series or obtain an exemption for medical or religious reasons; b) submit the Health Care Personnel COVID-19 Vaccination Form, VA Form 10-263 (Appendix B of VHA Directive 1193 and available at: https://www.va.gov/find-forms) to VA Occupational Health and the COR; and, c) wear a face mask as described in Appendix A of VHA Directive 1193 before they are fully vaccinated as defined in paragraph 3 of VHA Directive 1193 and when they have been granted an exemption to COVID-19 vaccination as defined in Appendix A of VHA Directive 1193. (See VHA Directive 1193 for more information). VHA Directive 1193, CORONAVIRUS DISEASE 2019 VACCINATION PROGRAM FOR TITLE 38 HEALTH CARE PERSONNEL

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 personnel {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. Conflict of Interest: The Contractor and all Contractor’s provider(s) are responsible for identifying and communicating to the CO and COR conflicts of interest at the time of offer/quote and during the entirety of contract performance. At the time of offer/quote, 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.

2.1.9. Citizenship related Requirements:

2.1.9.1. 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;

2.1.9.2. 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.

2.1.9.3. 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.

2.1.9.4. 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.

2.1.9.5. 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.

2.1.10. 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.

2.1.10.1. 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 provider(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.

2.1.10.2. By submitting their offer/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.

2.2. Clinical/Professional Performance: The qualifications of Contractor personnel are subject to review by VA Medical Center COS or his/her clinical designee and approval by the Medical Center Director as provided in VHA Handbook 1100.19 and VHA Directive 2012-030. 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 provider(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 provider(s) are prohibited from referring VA patients to contractor’s or their own practice(s).

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

2.9. Key Personnel:

2.9.1. Histotechnician:

2.9.1.1. Histotechnician required to be on-site for NTE hours as stated in Paragraph 3.1 VA Hours of Operation.

2.9.1.2. 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 scheduled personnel is/are unable to complete an assigned shift, the contractor shall notify the Contracting Office Representative (COR) at the SLVHCS immediately of the schedule change.

2.9.1.3. 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 fifteen (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 60 calendar days prior to making any permanent substitutions.

2.9.1.4. 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 60 calendar days after receipt of all required information of the decision on the proposed substitutes. The contract will be modified to reflect any approved changes of key personnel.

2.9.1.5. For temporary substitutions where the key person shall not be reporting to work for three (3) 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.

2.9.1.6. 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 provider(s), s/he may request, without cause, immediate replacement of said Contractor’s provider(s).The CO and COR shall deal with issues raised concerning Contractor’s provider(s)conduct. The final arbiter on questions of acceptability is the CO.

2.9.1.7. 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 provider(s) leaves Contractor’s employment, obligated to quarantine due to COVID-19, or is unable to continue performance in accordance with the terms and conditions of the resulting contract.

2.9.2. Medical Technologists/Clinical Laboratory Scientist (MTs/CLSs):

2.9.2.1. TWO (2) MTs/CLS required to be on-site for NTE hours as stated in Paragraph 3.1 VA Hours of Operation and shift will be determined by need of station/facility.

2.9.2.2. 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 scheduled personnel is/are unable to complete an assigned shift, the contractor shall notify the Contracting Office Representative (COR) at the SLVHCS immediately of the schedule change.

2.9.2.3. 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 fifteen (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 60 calendar days prior to making any permanent substitutions.

2.9.2.4. 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 60 calendar days after receipt of all required information of the decision on the proposed substitutes. The contract will be modified to reflect any approved changes of key personnel.

2.9.2.5. For temporary substitutions where the key person shall not be reporting to work for three (3) 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.

2.9.2.6. 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 provider(s), s/he may request, without cause, immediate replacement of said Contractor’s provider(s).The CO and COR shall deal with issues raised concerning Contractor’s provider(s)conduct. The final arbiter on questions of acceptability is the CO.

2.9.2.7. 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 provider(s) leaves Contractor’s employment, obligated to quarantine due to COVID-19, or is unable to continue performance in accordance with the terms and conditions of the resulting contract.

3. VA HOURS OF OPERATION/SCHEDULING:

3.1. VA Business Hours: Contractor shall provide comprehensive Pathology services covering:

3.1.1. Anatomical Pathology (including but not limited to: Surgical Pathology, Cytology, and Autopsy Service), and Histotechnology during normal business hours 0730 – 1600, Monday through Friday, excluding weekends and Federal holidays. There shall be no Overtime (OT) without prior written approval.

3.1.2. Clinical Core Laboratory Moderate/High complexity testing during specified business hours 24/7, including weekends and Federal holidays. There shall be no Overtime (OT) without prior written approval. (applicable to MTs/CLSs)

3.1.3. The VA is not responsible for notifying the contractor of contractor personnel tardiness or absences. Refer to Paragraph 2.9 – Key Personnel for contractor responsibilities.

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

3.2.1 When a Federal holiday falls on a Sunday, the following Monday shall be observed as a Federal holiday. When a Federal holiday falls on a Saturday, the proceeding Friday is observed as a Federal holiday by U.S. Government agencies. Included also, would be any other day, specifically declared by the President of the United States of America to be a Federal Holiday.

3.2.2 Unless a state of emergency has been declared, the Contractor shall be responsible for providing services or unless notified by COR or CO based upon local VA guidance/direction. Any day specifically declared to be a national holiday.

4. CONTRACTOR CLINICAL RESPONSIBILITIES

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

4.1.1. Contractor shall be responsible for working with COR in providing staff for schedule for each on-site staff as needed.

4.2. Standards of Care: The Contractor’s personnel’s care shall cover the range of Pathology and Laboratory Medicine 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 TJC, VA, and national standards as established by:

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

4.2.2. The College of American Pathologists (CAP):

http://www.cap.org, and

4.2.3. The requirements contained in this PWS.

4.3 MEDICAL RECORDS

4.3.1 Authorities: Contractor’s personnel 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).

4.3.2 HIPAA: This contract and its requirements meet exception in 45 CFR 164.502(e), and do not require a BAA in order for Covered Entity to disclose Protected Health Information to: a health care provider for treatment of VA patients. 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 Privacy Act 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 as discussed in 4.4.4.

4.3.3 Disclosure: Contractor’s personnel 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; 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 Handbook 1907.01, Health Information Management and Health Records and VHA Directive 1605.1, Privacy and Release of Information. The penalties and liabilities for the unauthorized disclosure of VA patient information mandated by the statutes and regulations mentioned above, apply to the Contractor.

4.3.4 Professional Standards for Documenting Care: Care shall be appropriately documented in medical records in accordance with standard commercial practice and guidelines established by VHA Handbook 1907.01 Health Information Management and Health Records: https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=3088 and all guidelines provided by the VAMC.

4.3.5 Release of Information: The VA shall maintain control of releasing any copies of patient health information or health records 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.

4.4 Direct Patient Care: estimated 0% of the time involved in direct patient care. 100% of the time involved in Indirect Patient Care. Per the qualification section of this PWS, the Contractor shall provide the following on-site personnel/staff:

4.4.1 Histotechnician (HT) requirements:

4.4.1.1 Education and Experience:

4.4.1.1.1 Education Educational Requirements. Histotechnician(s) are required to successfully complete education as required for Certification.

4.4.1.1.2 Experience. Min. of one year of experience as a certified Histotechnician.

4.4.1.2 Certification:

4.4.1.2.1 Histotechnician(s) must be certified by The American Society of Clinical Pathologists (ASCP).

4.4.1.3 Knowledge, Skills and Abilities:

4.4.1.3.1 Must have the ability and credentialing to perform all functions necessary to maintain operations in an Anatomic Pathology laboratory.

4.4.1.3.2 Maintain professional customer relations. Meet the needs of customers while supporting VA missions.