36C25623R0008.docx

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onsite Emergency Medicine Physician and Advance Practice Providers, VAMC, Houston, TX
Solicitation number
36C25623R0008
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This performance work statement outlines requirements for onsite emergency medicine physician and advance practice provider services at the Michael E. DeBakey VA Medical Center in Houston, Texas. The contractor shall provide board certified or board eligible emergency medicine physicians, as well as licensed nurse practitioners and certified physician assistants with at least two years experience, to staff the medical center's emergency department 24/7/365. Services include initial evaluation, treatment and management of patients, as well as consultations, referrals, and transfers when required. The contractor must meet staffing, training, credentialing, documentation and quality standards, and utilize the VA's electronic health records and emergency department integration software systems. The performance period is one base year with four one-year option periods. Pricing is fixed hourly or daily rates by position. This is a service-disabled veteran-owned small business set-aside requiring at least 50% of work hours to be performed by veterans.

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36C25623R0008

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

09-21-2023 Troy Davis, Contract Specialist 713-770-2659 10-20-2023 12pm

CDT

36C256 Department of Veterans Affairs Network Contracting Office 16 5075 Westheimer Road, Suite 750

Houston TX 77056

X

621111 $16 Million

NET 30

N/A

36C580 Department of Veterans Affairs Micheal E. DeBakey Veteran Affairs Medical Center (VAMC) 2002 Holcombe Boulevard Houston TX 77030 36C256 Department of Veterans Affairs Network Contracting Office 16 5075 Westheimer Road, Suite 750

Houston TX 77056

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

877-353-9791 512-460-5429

See CONTINUATION Page Contractor to provide Onsite Emergency Room Physician and Advance Practice Providers Services, Houston, TX.

For additional details reference schedule of services on page 6 through page 18 and performance work statement on page 19 through page 49.

Reference page 75 for Addendum to 52.212-1 Instructions to Offerors for solicitation submission requirements and reference page 88 for 52.212-2 Evaluation-Commercial Items for solicitation award method.

This is a single award solicitation in accordance with Federal Acquisition Regulation (FAR) 12 and 15.

This is a Service Disabled Veteran Owned Small Business set aside. Offerors must be VetCert certified at time of quote submission.

See CONTINUATION Page

1(one)

Stephanie Keo

VA-VHA-2020-49890DD7

Table of Contents

SECTION A1
A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES1
SECTION B - CONTINUATION OF SF 1449 BLOCKS4
B.1 CONTRACT ADMINISTRATION DATA4
B.2 SCHEDULE OF SERVICES6
B.3 PERFORMANCE WORK STATEMENT19
SECTION C - CONTRACT CLAUSES49
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)49
C.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)55
C.3 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)55
C.4 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)56
C.5 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)56
C.6 SUPPLEMENTAL INSURANCE REQUIREMENTS56
C.7 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)57
C.8 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)57
C.9 VAAR 852.204-70 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (MAY 2020)57
C.10 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)57
C.11 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION)60
C.12 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)62
C.13 VAAR 852.237-70 INDEMNIFICATION AND MEDICAL LIABILITY INSURANCE (OCT 2019)63
C.14 VAAR 852.237-72 CRIME CONTROL ACT—REPORTING OF CHILD ABUSE (OCT 2019)64
C.15 VAAR 852.237-74 NON-DISCRIMINATION IN SERVICE DELIVERY (OCT 2019)65
C.16 VAAR 852.237-75 KEY PERSONNEL (OCT 2019)65
C.17 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)65
C.18 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JUN 2023)66
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS74
D.1 Quality Assurance Surveillance Plan (QASP).74
D.2 SAM.gov User Guide.74
D.3 E-verify Job Aid.74
D.4 Bylaws-and-Rules-VHA-MEDVAMC-July-22-2022-updated-signed.74
D.5 Organizational Conflict of Interest.74
D.6 Immigration and Nationality.74
D.7 Past Performance References.74
D.8 Past Performance Questionnaire.74
D.9 Information Security Rules of Behavior.74
D.10 Frequently Asked Questions.74
SECTION E - SOLICITATION PROVISIONS75
E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAR 2023)75
E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)82
E.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)82
E.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)85
E.5 52.216-1 TYPE OF CONTRACT (APR 1984)86
E.6 52.233-2 SERVICE OF PROTEST (SEP 2006)86
E.7 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018)87
E.8 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)87
E.9 VAAR 852.252-70 SOLICITATION PROVISIONS OR CLAUSES INCORPORATED BY REFERENCE (JAN 2008)88
E.10 VAAR 852.273-70 LATE OFFERS (NOV 2021)88
E.11 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)88
E.12 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)91

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: POC Name: _____________________

Address: ________________________
_______________________________
Phone: _________________________
Email: __________________________
ueiSAM Number: _________________
Tax ID Number: __________________
b. GOVERNMENT:Stephanie Keo, Contracting Officer
Department of Veterans Affairs

Network Contracting Office 16 5075 Westheimer Road, Suite 750 Houston TX 77056-5643 Phone: 713-794-8055 E-mail: stephanie.keo@va.gov

Troy Davis, Contract Specialist Department of Veterans Affairs Network Contracting Office 16 5075 Westheimer Road, Suite 750 Houston TX 77056-5643 Phone: 713-770-2659 E-mail: troy.davis@va.gov

Tamara Brunjes, Contracting Officer Representative Department of Veterans Affair Micheal E. DeBakey Veterans Affairs Medical Center 2002 Holcombe Boulevard Houston, TX 77030 Phone: 713-794-8779 Email: tamara.brunjes1@va.gov

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

[X]
52.232-33, Payment by Electronic Funds Transfer—System For Award Management,

or

[]
52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [x] Monthly in Arrears

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests. Invoicing shall be in accordance with the requirements of The Department of Veterans Affairs (VA) Financial Services Center (VAFSC). The latest information shall be used for invoicing and payments and may change during the Period of Performance of this acquisition. Current Invoicing information is located at http://www.fsc.va.gov/einvoice.asp

5. MANDATORY WRITTEN DICLOSURES: 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 http://www.va.gov/oig/contacts/hotline.asp and clicking on "FAR clause 52.203-13 Reporting." If you experience difficulty accessing the website, call the Hotline at 1-800-488-8244 for further instruction.

6. Secure Fax – In accordance with VA Handbook 6500 the following statement on all fax cover sheets must 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.”

7. The Contracting Officer will issue a post award orientation letter (in lieu of a conference) for contract orientation purposes in accordance with FAR 42.504.

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

AMENDMENT NO
DATE

(End of B.1 Contract Administration Information)

B.2 SCHEDULE OF SERVICES

The Contractor shall furnish all personnel to provide services necessary to perform onsite Emergency Medicine Physician and Advance Practice Providers (Certified Physician Assistants/Licensed Nurse Practitioners) Services to eligible beneficiaries of the Department of Veterans Affairs Medical Center, Michael E. DeBakey VA Medical Center, Houston, TX (hereinafter referred to as VAMC).

The VAMC Emergency Services are accredited by The Joint Commission (TJC)and follow the standards & guidelines set forth by American College of Emergency Physicians (ACEP). A contractor providing onsite emergency department physician services shall provide services that meet or exceed the ACEP Guidelines http://www.ACEP.org/ Place of Performance: Services shall be provided on site, VAMC 2002 Holcombe Boulevard, Houston, TX 77030.

Pricing Instructions:

The Contractor shall propose at least twice the required number of Full Time Equivalent (FTE) qualified physicians outlined in the line items to be credentialed and privileged to ensure the fulfilment of the contract’s obligations.

NOTE: For purposes of award of this Contract, the Government intends to evaluate the option to extend services under FAR 52.217-8 as follows: The evaluation will consider the possibility that the option can be exercised at any time and can be exercised in increments of one to six months, but not for more than a total of six months during the life of the contract. The evaluation will assume that the prices for any option exercised under FAR 52.217-8 will be those rates in effect under the contract each time an option is exercised under this clause. The evaluation will therefore assume that the addition of the price or prices of any possible extension or extensions under FAR 52.217-8 to the total price for the basic requirement and the total price for the priced options has the same effect on the total price of all proposals relative to each other, and will not affect the ranking of proposals based on price, unless, after reviewing the proposals, the Government determines that there is a basis for finding otherwise. This evaluation will not obligate the Government to exercise any option under FAR 52.217-8.

Period of Performance: BASE YEAR: __February 1, 2024___ to ___January 31, 2025____

LIN
SLIN
Description
Qty.
Unit
Unit Cost
Total

Annual Cost

0001
None
7.39 FTE Emergency Medicine Board Certified or Board Eligible Physicians to provide 24/7 Emergency Department Physician Services.
15,372
Hours

KEY PERSONNEL

None
0001a
Emergency Department Physician Services

NAME:____________

TITLE:____________

Hours

None
0001b
Emergency Department Physician Services

NAME:____________

Hours

TOTAL
15,372
Hours
$___________________
LIN
SLIN
Description
Qty.
Unit
Unit Cost
Total

Annual Cost

0002
None
3.23 FTE Emergency Medicine Board Certified or Board Eligible Physicians (Holidays).
644
Hours

KEY PERSONNEL

None
0002a
Emergency Department Physician Services

NAME:____________

Hours

None
0002b
Emergency Department Physician Services (Holiday Rate)

NAME:____________

Hours

TOTAL
644
Hours
$___________________
LIN
SLIN
Description
Qty.
Unit
Unit Cost
Total

Annual Cost

0003
None
1.28 FTE nurse practitioner(s), and physician assistant(s) to provide 24/7 Emergency Department Services.
2,672
Hours

KEY PERSONNEL

None
0003a
Emergency Department nurse practitioner(s), and physician assistant(s) services

NAME:____________

Hours

None
0003b
Emergency Department nurse practitioner(s), and physician assistant(s) services

NAME:____________

Hours

TOTAL
2,672
Hours
$___________________
LIN
SLIN
Description
Qty.
Unit
Unit Cost
Total

Annual Cost

0004
None
.11 FTE nurse practitioner(s), and physician assistant(s)to provide 24/7 Emergency Department Services (Holidays).
240
Hours

KEY PERSONNEL

None
0004a
Emergency Department nurse practitioner(s), and physician assistant(s) services (Holiday Rate)

NAME:____________

Hours

None
0004b
Emergency Department nurse practitioner(s), and physician assistant(s) services (Holiday Rate)

NAME:____________

Hours

TOTAL
240
Hours
$___________________

Total for Base Period: $ ___________________

OPTION YEAR ONE (1): __February 1, 2025___ to ___January 31, 2026____

LIN
SLIN
Description
Qty.
Unit
Unit Cost
Total

Annual Cost

1001
None
7.39 FTE Emergency Medicine Board Certified or Board Eligible Physicians to provide 24/7 Emergency Department Physician Services.
15,372
Hours

KEY PERSONNEL

None
1001a
Emergency Department Physician Services

NAME:____________

Hours

None
1001b
Emergency Department Physician Services

NAME:____________

Hours

TOTAL
15,372
Hours
$___________________
LIN
SLIN
Description
Qty.
Unit
Unit Cost
Total

Annual Cost

1002
None
3.23 FTE Emergency Medicine Board Certified or Board Eligible Physicians (Holidays).
644
Hours

KEY PERSONNEL

None
1002a
Emergency Department Physician Services

NAME:____________

Hours

None
1002b
Emergency Department Physician Services (Holiday Rate)

NAME:____________

Hours

TOTAL
644
Hours
$___________________
LIN
SLIN
Description
Qty.
Unit
Unit Cost
Total

Annual Cost

1003
None
1.28 FTE nurse practitioner(s), and physician assistant(s) to provide 24/7 Emergency Department Services.
2,672
Hours

KEY PERSONNEL

None
1003a
Emergency Department nurse practitioner(s), and physician assistant(s) services

NAME:____________

Hours

None
1003b
Emergency Department nurse practitioner(s), and physician assistant(s) services

NAME:____________

Hours

TOTAL
2,672
Hours
$___________________
LIN
SLIN
Description
Qty.
Unit
Unit Cost
Total

Annual Cost

1004
None
.11 FTE nurse practitioner(s), and physician assistant(s)to provide 24/7 Emergency Department Services (Holidays).
240
Hours

KEY PERSONNEL

None
1004a
Emergency Department nurse practitioner(s), and physician assistant(s) services (Holiday Rate)

NAME:____________

Hours

None
1004b
Emergency Department nurse practitioner(s), and physician assistant(s) services (Holiday Rate)

NAME:____________

Hours

TOTAL
240
Hours
$___________________

Total for Option Year 1: $ ___________________

OPTION YEAR TWO (2): __February 1, 2026___ to ___January 31, 2027____

LIN
SLIN
Description
Qty.
Unit
Unit Cost
Total

Annual Cost

2001
None
7.39 FTE Emergency Medicine Board Certified or Board Eligible Physicians to provide 24/7 Emergency Department Physician Services.
15,372
Hours

KEY PERSONNEL

None
2001a
Emergency Department Physician Services

NAME:____________

Hours

None
2001b
Emergency Department Physician Services

NAME:____________

Hours

TOTAL
15,372
Hours
$___________________
LIN
SLIN
Description
Qty.
Unit
Unit Cost
Total

Annual Cost

2002
None
3.23 FTE Emergency Medicine Board Certified or Board Eligible Physicians (Holidays).
644
Hours

KEY PERSONNEL

None
2002a
Emergency Department Physician Services

NAME:____________

Hours

None
2002b
Emergency Department Physician Services (Holiday Rate)

NAME:____________

Hours

TOTAL
644
Hours
$___________________
LIN
SLIN
Description
Qty.
Unit
Unit Cost
Total

Annual Cost

2003
None
1.28 FTE nurse practitioner(s), and physician assistant(s) to provide 24/7 Emergency Department Services.
2,672
Hours

KEY PERSONNEL

None
2003a
Emergency Department nurse practitioner(s), and physician assistant(s) services

NAME:____________

Hours

None
2003b
Emergency Department nurse practitioner(s), and physician assistant(s) services

NAME:____________

Hours

TOTAL
2,672
Hours
$___________________
LIN
SLIN
Description
Qty.
Unit
Unit Cost
Total

Annual Cost

2004
None
.11 FTE nurse practitioner(s), and physician assistant(s)to provide 24/7 Emergency Department Services (Holidays).
240
Hours

KEY PERSONNEL

None
2004a
Emergency Department nurse practitioner(s), and physician assistant(s) services (Holiday Rate)

NAME:____________

Hours

None
2004b
Emergency Department nurse practitioner(s), and physician assistant(s) services (Holiday Rate)

NAME:____________

Hours

TOTAL
240
Hours
$___________________

Total for Option Year 2: $ ___________________

OPTION YEAR THREE (3): __February 1, 2027___ to ___January 31, 2028____

LIN
SLIN
Description
Qty.
Unit
Unit Cost
Total

Annual Cost

3001
None
7.39 FTE Emergency Medicine Board Certified or Board Eligible Physicians to provide 24/7 Emergency Department Physician Services.
15,372
Hours

KEY PERSONNEL

None
3001a
Emergency Department Physician Services

NAME:____________

Hours

None
3001b
Emergency Department Physician Services

NAME:____________

Hours

TOTAL
15,372
Hours
$___________________
LIN
SLIN
Description
Qty.
Unit
Unit Cost
Total

Annual Cost

3002
None
3.23 FTE Emergency Medicine Board Certified or Board Eligible Physicians (Holidays).
644
Hours

KEY PERSONNEL

None
3002a
Emergency Department Physician Services

NAME:____________

Hours

None
3002b
Emergency Department Physician Services (Holiday Rate)

NAME:____________

Hours

TOTAL
644
Hours
$___________________
LIN
SLIN
Description
Qty.
Unit
Unit Cost
Total

Annual Cost

3003
None
1.28 FTE nurse practitioner(s), and physician assistant(s) to provide 24/7 Emergency Department Services.
2,672
Hours

KEY PERSONNEL

None
3003a
Emergency Department nurse practitioner(s), and physician assistant(s) services

NAME:____________

Hours

None
3003b
Emergency Department nurse practitioner(s), and physician assistant(s) services

NAME:____________

Hours

TOTAL
2,672
Hours
$___________________
LIN
SLIN
Description
Qty.
Unit
Unit Cost
Total

Annual Cost

3004
None
.11 FTE nurse practitioner(s), and physician assistant(s)to provide 24/7 Emergency Department Services (Holidays).
240
Hours

KEY PERSONNEL

None
3004a
Emergency Department nurse practitioner(s), and physician assistant(s) services (Holiday Rate)

NAME:____________

Hours

None
3004b
Emergency Department nurse practitioner(s), and physician assistant(s) services (Holiday Rate)

NAME:____________

Hours

TOTAL
240
Hours
$___________________

Total for Option Year 3: $ ___________________

OPTION YEAR FOUR (4): __February 1, 2028___ to ___January 31, 2029____

LIN
SLIN
Description
Qty.
Unit
Unit Cost
Total

Annual Cost

4001
None
7.39 FTE Emergency Medicine Board Certified or Board Eligible Physicians to provide 24/7 Emergency Department Physician Services.
15,372
Hours

KEY PERSONNEL

None
4001a
Emergency Department Physician Services

NAME:____________

Hours

None
4001b
Emergency Department Physician Services

NAME:____________

Hours

TOTAL
15,372
Hours
$___________________
LIN
SLIN
Description
Qty.
Unit
Unit Cost
Total

Annual Cost

4002
None
3.23 FTE Emergency Medicine Board Certified or Board Eligible Physicians (Holidays).
644
Hours

KEY PERSONNEL

None
4002a
Emergency Department Physician Services

NAME:____________

Hours

None
4002b
Emergency Department Physician Services (Holiday Rate)

NAME:____________

Hours

TOTAL
644
Hours
$___________________
LIN
SLIN
Description
Qty.
Unit
Unit Cost
Total

Annual Cost

4003
None
1.28 FTE nurse practitioner(s), and physician assistant(s) to provide 24/7 Emergency Department Services.
2,672
Hours

KEY PERSONNEL

None
4003a
Emergency Department nurse practitioner(s), and physician assistant(s) services

NAME:____________

Hours

None
4003b
Emergency Department nurse practitioner(s), and physician assistant(s) services

NAME:____________

Hours

TOTAL
2,672
Hours
$___________________
LIN
SLIN
Description
Qty.
Unit
Unit Cost
Total

Annual Cost

4004
None
.11 FTE nurse practitioner(s), and physician assistant(s)to provide 24/7 Emergency Department Services (Holidays).
240
Hours

KEY PERSONNEL

None
4004a
Emergency Department nurse practitioner(s), and physician assistant(s) services (Holiday Rate)

NAME:____________

Hours

None
4004b
Emergency Department nurse practitioner(s), and physician assistant(s) services (Holiday Rate)

NAME:____________

Hours

TOTAL
240
Hours
$___________________

Total for Option Year 4: $ ___________________

Based Year: $________________

Option Year 1: $________________

Option Year 2: $________________

Option Year 3: $________________

Option Year 4: $________________

Total Estimated Price to Include All Years (Based plus 4): $___________________

(END OF B.2 SCHEDULE OF SERVICES)

Page 1 of Page 1 of

B.3 PERFORMANCE WORK STATEMENT

Onsite Emergency Department Physician Services

1. GENERAL:

1.1. Services Provided: The Contractor shall provide Board Certified/Board Eligible Emergency Medicine Physician and Advance Practice Providers Services (Certified Physician Assistants/Licensed Nurse Practitioners who have general medicine or urgent care experience of two (2) years or more onsite) in accordance with the specifications contained herein to beneficiaries of the Department of Veterans Affairs (VA) and the Michael E. DeBakey VAMC, Houston, TX. A contractor providing onsite emergency department physician services that meet or exceed the American College of Emergency Physician Guidelines http://www.ACEP.org/

1.2. Place of Performance: Contractor shall furnish services at the Michael E. DeBakey VAMC, Houston, TX, 2002 Holcombe Boulevard, Houston, Texas 77030.

1.3. Authority: Federal Acquisition Regulation (FAR) parts 12, and 15.

1.4. Policy/Handbooks- The Contractor is required to meet VHA performance and quality criteria and standards including, but not limited to, access, customer satisfaction, prevention index, chronic disease index and clinical guidelines. Performance and quality standards may change during the contract. New or revised quality/performance criteria or standards will be provided to the Contractor before implementation date and throughout the life of the contract through unilateral or bi-lateral modifications, as applicable. Copies of current VA and VHA publications can be located at http://www.va.gov/vhapublications/ or at http://www.va.gov/vapubs/. Compliance with mandated performance is required as a condition of this contract. Contractor shall comply with all relevant VA policies and procedures, including any subsequent updates during the period of performance:

1.4.1. VA Directive 1663: Health Care Resources (HCR) Contracting – Buying Title 38 U.S.C. 8153

1.4.2. VHA Directive 1003.04: VHA Patient Advocacy

1.4.3. VHA Directive 1065: Productivity and Staffing Guidance for Specialty Provider Group Practice

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

1.4.5. VHA Directive 1100.18: Reporting And Responding To State Licensing Boards

1.4.6. VHA Directive 1100.20: Credentialing of Health Care Providers

1.4.7. VHA Directive 1100.21: Privileging

1.4.8. VHA Directive 1101.14: Emergency Medicine

1.4.9. VHA Directive 1192.01: Seasonal Influenza Vaccination Program For VHA Health Care Personnel

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

1.4.11. VHA Directive 1605.01: Privacy and Release of Information

1.4.12. VHA Directive 1907.01: VHA Health Information Management and Health Records

1.4.13. VHA Handbook 1100.17: National Practitioner Data Bank (NPDB) Reports

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

1.5. Definitions/Acronym: 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. ABEM: American Board of Emergency Medicine http://www.abem.org

1.5.2. ABIM: American Board of Internal Medicine http://www.abim.org/

1.5.3. ACEP: American College of Emergency Physicians

1.5.4. ACGME: Accreditation Council for Graduate Medical Education

1.5.5. ACLS: Advanced Cardiac Life Support

1.5.6. ATLS: Advanced Trauma Life Support

1.5.7. AOD: Admitting Officer of the Day

1.5.8. BLS: Basic Life Support

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

1.5.10. CDC: Centers for Disease Control and Prevention

1.5.11. CR: Contract Discrepancy Report

1.5.12. CEU: Certified Education Unit

1.5.13. CME: Continuing Medical Education

1.5.14. CMS: Centers for Medicare and Medicaid Services

1.5.15. 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.

1.5.16. 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.

1.5.17. COS: Chief of Staff

1.5.18. COVID-19: Coronavirus Disease 2019

1.5.19. CPARS: Contractor Performance Assessment Reporting System

1.5.20. 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.

1.5.21. DEA: Drug Enforcement Agency

1.5.22. ED: Emergency Department

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

1.5.24. FSMB: Federation of State Medical Boards

1.5.25. HHS: Department of Health and Human Services

1.5.26. HIPAA: Health Insurance Portability and Accountability Act

1.5.27. HR: Human Resources

1.5.28. ISO: Information Security Officer

1.5.29. Medical Emergency: a sudden onset of a medical condition manifesting itself by acute symptoms of sufficient severity that the absence of immediate medical attention could reasonably result in: Permanently placing a patient's health in jeopardy, causing other serious medical consequences, causing impairments to body functions, or causing serious or permanent dysfunction of any body-organ or part.

1.5.30. MOD: Medical Officer of the Day

1.5.31. 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).

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

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

1.5.34. NP: Nurse Practitioner

1.5.35. NPPES: National Plan and Provider Enumeration System

1.5.36. PA: Physician Assistant

1.5.37. PALS: Pediatric Advanced Life Support

1.5.38. POP: Period of Performance

1.5.39. PPD: Purified Protein Derivative

1.5.40. PWS: Performance Work Statement

1.5.41. 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.

1.5.42. QA/QI: Quality Assurance/Quality Improvement

1.5.43. QM/PI: Quality Management/Performance Improvement

1.5.44. QASP: Quality Assurance Surveillance Plan

1.5.45. 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.

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

1.5.47. 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.

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

1.5.49. 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 Michael E. DeBakey VA Medical Center.

2. QUALIFICATIONS:

2.1. Staff/Facility

2.1.1. License: The Contractor’s physician(s), nurse practitioner(s), and physician assistant(s) assigned by the Contractor to perform the services covered by this contract shall have a current license to practice medicine in any State, Territory, or Commonwealth of the United States or the District of Columbia) when services are performed onsite on VA property.

All licenses held by the personnel working on this contract shall be full and unrestricted licenses. Contractor’s physician(s), nurse practitioner(s), and physician assistant(s) who have current, full and unrestricted licenses in one or more states, but who have, or ever had, a license restricted, suspended, revoked, voluntarily revoked, voluntarily surrendered pending action or denied upon application will not be considered for the purposes of this contract.

2.1.2. Board Certification: All contractor’s physician(s) shall be Board Certified/Board Eligible in Emergency Medicine. All contractor’s physician(s) are strongly encouraged, but not required to be certified in Basic Life Support (BLS) and Advanced Cardiac Life Support (ACLS) if Board Certified/Board Eligible in Emergency Medicine unless required by facility policy. All continuing education courses required for maintaining certification must be kept up to date at all times. Documentation verifying current certification shall be provided by the Contractor to the VA COR on an annual basis for each year of contract performance.

2.1.3. All Contractor’s physician assistants shall be Certified by the National Commission on Certification of Physician's Assistants (NCCPA), and hold a bachelor's degree from a Physician Assistant training program which is certified by the Accreditation Review Commission on Education of the Physician Assistant (ARC-PA); or graduation from a Physician Assistant training program of at least twelve (12) months duration which is certified by the ARC-PA and a bachelor's degree in a health care occupation or a health-related science; or graduation from a Physician Assistant training program of at least twelve (12) months duration which is certified by the ARC-PA and a period of progressively responsible health care experience such as an independent duty medical corpsman, licensed practical nurse, registered nurse, medical technologist, or medical technician. The duration of approved academic training and health care experience must total at least five (5) years. Contractor’s physician assistants must have at least 2 years of experience in delivering emergency or urgent medical care as a physician assistant or a physician assistant in-training as part of the overall 5 year academic training and health care experience.

2.1.4. All Contractor’s nurse practitioners shall be current and shall have a unrestricted licensure as a nurse practitioner in any U.S. state, commonwealth, territory or the District of Columbia, as well as national certification as a nurse practitioner and hold a Master’s Degree in Nursing or related field with a Bachelor of Science Nursing (BSN) from a National League for Nursing Accreditation Commission (NLNAC) or Commission on Collegiate Nursing Education (CCNE) accredited program and at least two (2) years of Emergency Department experience.

2.1.5. Credentialing and Privileging: Credentialing and privileging is to be done in accordance with the provisions of VHA Directive 1100.20 and VHA Directive 1100.21 referenced above. The Contractor is responsible to ensure that proposed physician(s), nurse practitioner(s), and physician assistant(s) possesses the requisite credentials enabling the granting of privileges. No services shall be provided by any contractor’s physician(s), nurse practitioner(s), and physician assistant(s) prior to obtaining approval by the VAMC Professional Standards Board, Nursing Standards Board, Medical Executive Board and Medical Center Director.

2.1.3.1 If a contractor’s physician(s), nurse practitioner(s), and physician assistant(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.

2.1.6. Technical Proficiency: Contractor’s physician(s), nurse practitioner(s), and physician assistant(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 physician(s), nurse practitioner(s), and physician assistant(s) shall be responsible for abiding by the Facility's Medical Staff By-Laws, rules, and regulations (referenced herein) that govern medical staff behavior.

2.1.7. 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 physician(s), nurse practitioner(s), and physician assistant(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 contract physician(s).

2.1.8. 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’s physician(s), nurse practitioner(s), and physician assistant(s) as required by the VA.

Training (The following training is mandatory per VHACO for Contracted Physicians) Frequency (once a year, etc) Annual Hours

VA Lethal Means Safety Training TMS Course #34560
Yearly
1
Blood Administration: Complications
One time training
0.5
Blood Administration: Administration (all contract employees who administer blood components)
One time training
0.5
Government Ethics
Yearly
0.5
Hospice and Palliative Care for VA Clinicians
One time training
0.5
Military Sexual Trauma (MST) for Medical Providers
One time training
0.5
Moderate Sedation In-Service Training
Yearly
1
Prevention of Workplace Harassment/No Fear Act
Yearly
0.5
VA Core Values Training (ICARE Recommitment)
Yearly
0.5
VA Privacy and Information Security Awareness and Rules of Behavior
Yearly
1
VHA Privacy and HIPAA Focused Training
Yearly
1
Patient Safety
Yearly
1
Patient Abuse
Yearly
0.5
Patient Rights
Yearly
0.5
Prevention/Management of Disruptive Behavior/Violence Prevention Levels I, II, III, and IV
Yearly
8
Suicide Safety Planning Training/Recording TMS Course #36232
Yearly
1
General Infection Control
Yearly
1
CPRS
One time training
0.5
EDIS
One time training
0.5
VISTA Imaging
One time training
0.5
Joint Patient Safety Reporting (JPSR)
One time training
0.5
Pain Management and Opioid Safety TMS Course #31108
One time training
1
Potential Complications: The Malignant Hyperthermia Patient TMS Course #13799
One time training
1
S.A.V.E. Refresher Training TMS Course #30535
Yearly
1
Providing Trauma-Sensitive Medical are to Women Veterans TMS Course #227681
One time training
1
Ensuring Correct Surgery and Invasive Procedures TMS Course #39094
One time training
1

2.1.9. 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.

2.1.7.1 TUBERCULOSIS TESTING: Contractor shall provide proof of a negative Tuberculosis Skin Test (TST) or interferon-gamma release assays (IGRA) for all Contractor’s physician(s), nurse practitioner(s), and physician assistant(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.

2.1.7.2 MEASLES, MUMPS, & RUBELLA TESTING: Contractors shall provide proof of immunity for all Contractor physicians, nurse practitioner(s), and physician assistant(s) {This is applicable to all health care workers}.

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

2.1.7.4 ACELLULAR PERTUSSIS: Contractors shall provide proof of 1 dose of Tdap vaccination for all Contractor physicians, nurse practitioner(s), and physician assistant(s) {This is applicable to all health care workers}.

2.1.7.5 INFLUENZA: Contractors shall provide proof that all Contractor physicians, nurse practitioner(s), and physician assistant(s) have received the annual Influenza vaccine unless it is contraindicated. If the Contractor physician, nurse practitioner(s), or physician assistant(s) 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 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), nurse practitioner(s), and physician assistant(s) {This is applicable to all health care workers}; provide their own Hepatitis B vaccination series and hepatitis B surface antigen test results following the hepatitis B vaccination series; maintain an exposure determination and control plan; maintain required records; and ensure that proper follow-up evaluation is provided following an exposure incident.

2.1.7.7 The VAMC shall notify the Contractor of any significant communicable disease exposures as appropriate. Contractor shall adhere to current CDC/HICPAC Guideline for Infection Control in health care personnel ( as published in American Journal for Infection Control- AJIC 1998; 26:289-354 http://www.cdc.gov/hicpac/pdf/InfectControl98.pdf) for disease control. Contractor shall provide follow up documentation of clearance to return to the workplace prior to their return.

2.1.10. National Provider Identifier (NPI): NPI is a standard, unique 10-digit numeric identifier required by HIPAA. The Veterans Health Administration must use NPIs in all HIPAA-standard electronic transactions for individual (health care practitioners) and organizational entities (medical centers). The Contractor shall have or obtain appropriate NPI and if pertinent the Taxonomy Code confirmation notice issued by the Centers for Medicare and Medicaid Services (CMS) National Plan and Provider Enumeration System (NPPES) be provided to the Contracting Officer with the proposal.

2.1.11. DEA: Contractor shall provide copy of current DEA certificate.

2.1.12. Conflict of Interest: The Contractor and all contractor’s physician(s), nurse practitioner(s), and physician assistant(s) are responsible for identifying and communicating to the CO and COR conflicts of interest at the time of proposal and during the entirety of contract performance. At the time of proposal, the Contractor shall provide a statement which describes, in a concise manner, all relevant facts concerning any past, present, or currently planned interest (financial, contractual, organizational, or otherwise) or actual or potential organizational conflicts of interest relating to the services to be provided. The Contractor shall also provide statements containing the same information for any identified consultants or subcontractors who shall provide services. The Contractor must also provide relevant facts that show how it’s organizational and/or management system or other actions would avoid or mitigate any actual or potential organizational conflicts of interest. These statements shall be in response to the VAAR provision 852.209-70 Organizational Conflicts of Interest (Jan 2008) and fully outlined in response to the subject attachment in Section D of the solicitation document.

2.1.13. Citizenship related Requirements:

2.1.11.1 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;

2.1.11.2 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.

2.1.11.3 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.

2.1.11.4 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.

2.1.11.5 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.

2.1.14. 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.

2.1.12.1 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 physician(s), nurse practitioner(s), and physician assistant(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.

2.1.12.2 By submitting their proposal, the Contractor certifies that the HHS OIG List of Excluded Individuals/Entities has been reviewed and that the Contractors are and/or firm is not listed as of the date the offer/bid was signed.

2.2. Clinical/Professional 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 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 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 physician(s), nurse practitioner(s), and physician assistant(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 physicians, nurse practitioner(s), and physician assistant(s) are prohibited from referring VA patients to contractor’s or their own practice(s).

2.6. Inherent Government Functions: Contractor and Contractor’s physician(s), nurse practitioner(s), and physician assistant(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 physician(s) furnishing services. To carry out this responsibility, the Contractor shall provide or certify that the following is provided for all their staff providing services under the resultant contract:

2.7.1. Workers’ compensation

2.7.2. Professional liability insurance

2.7.3. Health examinations

2.7.4. Income tax withholding, and

2.7.5. Social security payments.

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

2.9. Key Personnel:

2.9.1. The VA Full Time Equivalency (FTE): FTE is defined by VA as a minimum of 80 hours every two weeks and does not include holidays.

2.9.2. The minimum number of Board Certified /Board Eligible Emergency Medicine physicians to be on site on a daily basis is at least 2 physicians at all times. Contractor will have at least twice the number of providers successfully privileged and credentialed to offer services.

2.9.3. It is essential that continuity of services is maintained to the maximum degree possible hence,…

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