36C25624Q0187 .pdf

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

36C25624Q0187 11-14-2023

Anitra Session, Contract Specialist 713-791-1414 ext 41064 12-04-2023

10:00 CST

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

Houston TX 77056-5643

X 100

X

621111

$16 Million

N/A

Department of Veterans Affairs Health Care System of the Ozarks (VHSO) Building 44, Room 236 Fayetteville

AR 72703

Network Contracting Office 16

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

The Contractor shall furnish one (1) onsite General Surgeon to provide services to the beneficiaries of the Department of Veterans Healthcare System of the Ozarks Fayetteville, AR as identified in the Performance Work Statement (PWS).

Note: As stated in Item 10, this acquisition is a Small Business Set Aside.

The Schedule of Services begins on page 6 and the Performance Work Statement begins on page 13.

Quotes are due by 4 December 2023 at 10:00AM CST. No late proposals will be accepted. All questions must be submitted by email to anitra.session@va.gov no later than 21 November 2023 at 10:00AM CST.

$0.00

X 1

Billy Morris Contracting Officer

36C25623Q0934

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 SCHEDULE OF SERVICES

B.3 PERFORMANCE WORK STATEMENT FOR ONSITE GENERAL SURGERY

PHYSICAN SERVICES

B.4 IT CONTRACT SECURITY

SECTION C - CONTRACT CLAUSES

C.1 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR

INFORMATION SYSTEMS (NOV 2021)

C.2 52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUN

2023)

C.3 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (DEC 2022)

C.4 52.216-18 ORDERING (AUG 2020)

C.5 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.6 52.216-22 INDEFINITE QUANTITY (OCT 1995)

C.7 52.216-23 EXECUTION AND COMMENCEMENT OF WORK (APR 1984)

C.8 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.9 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ... 55

C.10 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.11 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

C.12 VAAR 852.211-76 LIQUIDATED DAMAGES – REIMBURSEMENT FOR DATA

BREACH COSTS (FEB 2023) ALTERNATE I (FEB 2023)

C.13 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) . 57

C.14 VAAR 852.237-74 NON-DISCRIMINATION IN SERVICE DELIVERY (OCT 2019)

C.15 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR

1984)

C.16 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (SEP 2023)

C.17 VAAR 852.237-75 KEY PERSONNEL (OCT 2019)

C.18 VAAR 852.237-70 INDEMNIFICATION AND MEDICAL LIABILITY INSURANCE

(OCT 2019)

C.19 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(NOV 2018)

C.20 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.21 VAAR 852.204-70 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL (MAY 2020)

C.22 52.227-14 RIGHTS IN DATA—GENERAL (MAY 2014)

C.23 VAAR 852.204-71 INFORMATION AND INFORMATION SYSTEMS SECURITY

(FEB 2023)

C.24 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (OCT 2019)

C.25 VAAR 852.237-72 CRIME CONTROL ACT—REPORTING OF CHILD ABUSE

(OCT 2019)

C.26 52.215-21 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND

DATA OTHER THAN CERTIFIED COST OR PRICING DATA—MODIFICATIONS (NOV

2021) ALTERNATE I (OCT 2010) AND ALTERNATE II (OCT 1997)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAR 2023)

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.4 52.216-1 TYPE OF CONTRACT (APR 1984)

E.5 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.6 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

(OCT 2018)

E.7 VAAR 852.209-70 ORGANIZATIONAL CONFLICTS OF INTEREST (OCT 2020) . 99

E.8 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.4 ADDENDUM TO 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014) .. 101

E.9 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023)

E.10 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FEB 1998)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C256

Network Contracting Office 16

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 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.

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

AMENDMENT NO DATE

B.2 SCHEDULE OF SERVICES

The Contractor shall furnish all personnel to provide services necessary to perform onsite GENERAL SURGERY Physician Services to eligible beneficiaries of the Department of Veterans Affairs Medical Center, Veterans Healthcare System of the Ozarks (hereinafter referred to as VAMC). The Contractor’s physician(s)’ care shall cover the range of GENERAL SURGERY services as would be provided in a state-of-the-art civilian medical treatment facility and the standard of care shall be of a quality, meeting or exceeding currently recognized national standards American Association for General Surgeons http://www.absurgery.org/default.jsp?cc_gs

Place of Performance: Services shall be provided on site, VAMC 1100 North College Ave. Fayetteville, AR. 72703

Pricing Instructions:

The offeror is instructed to edit the number of Line-Item Numbers (LINs) below and on Attachment D.5 Fee Schedule. Offerors shall include the “title” of the personnel submitted. Other commercial health care Offerors shall identify by title/position or level of experience the key personnel submitted. Also, renumber SUB-LINs if adding or removing Key Personnel.

The Contractor shall propose a minimum of 1 key personnel to be credentialed and be available for scheduling to meet the requirements of the contract. Contractor must provide personnel who are credentialed, privileged and Active staff at a local area hospital within 25 miles of VAMC 1100 North College Ave. Fayetteville, AR. 72703.

Offerors must fill out the cells in the following columns in the Price Schedule for EA Line-Item Number (LIN). For pricing and evaluation purposes, the current CMS rates should be used in completing EA LIN for the base year and option years.

This basis of the contractor’s proposed fixed percentage of Medicare rate will be used by the Government for future pricing of additional codes/procedures and for reimbursement under the contract.

If post-operative aftercare will be provided at the VAMC facility (as indicated in the PWS), the contractor shall reduce their proposed price per code by the percentage indicated on the CMS website (10%) assigned to post-operative part of the procedure.

The Offeror shall complete the attached price schedule for the performance location proposed. No LINS or codes should be left blank. If for some reason a code on the schedule has expired or is for any other reason unusable, offerors shall annotate the Price per Code block with “N/A” or otherwise notate the replacement code.

The Offeror shall base pricing on the application of Medicare reimbursement rules. For routine care, it is expected that VAMC patients will have prescriptions filled at VA pharmacies. All spreadsheets must be submitted in Microsoft Excel and without protected/locked portions or other methods which prevent or do not facilitate expeditious pricing validation. PDF files and similarly constructed files are not acceptable.

Ordering Procedures: Task orders will be issued by the Contracting Officer to fund services provided against the contract. These task orders will be issued for no more than a 12-month period.

Completing the Schedule of Services:

% of CMS UNIT COST: Place the percentage of the CMS Unit Cost that the offeror is willing to accept.

This percentage should be a value below 100%.

http://www.absurgery.org/default.jsp?cc_gs

Proposed Fixed Price EA: This is the Proposed FIXED PRICE for each of the identified HCPC by LIN. It is computed by multiplying the CMS UNIT COST times the Proposed % of CMS UNIT COST. This will establish the proposed Fixed Price of each HCPC for this contract.

Estimated Total Annual Cost: This cost of the Proposed FIXED PRICE x the EST. QTY

The CMS UNIT COST is already included. Offeror will only need to include the % of CMS Unit Cost they are willing to accept. Note that since the work is being accomplished ON-SITE at the VHSO facility that only the Professional Element Modifier 26 is priced or if no Professional Element Modifier 26, the Participating Provider cost is used “When performed in a facility setting”.

Options: “For the purposes of the 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 at the same rates as those in effect under the contract at the time the option is exercised. 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.

“The contractor may submit a request for Economic Price Adjustment (EPA) using the format outlined by the Contracting Officer in accordance with FAR 52.216-4 and this paragraph up to two times per performance period. The cost elements that are subject to requests for economic price adjustment will be finalized at the time of award.

The contractor shall request the EPA within sixty (60) days of the requested effective date of the adjustment. Requests for adjustment under this clause cannot include indirect costs, profit or fees. The contractor must provide source documentation to the contracting officer at the time of the EPA request in support of all cost elements that are being requested for economic price adjustment.

Submitting documentation to support an EPA request does not guarantee that the proposed EPA will be approved. The contracting officer will review the request and supporting documentation and evaluate it in accordance with all applicable laws and regulations and the terms and conditions of the contract to determine allowability of the contractor’s proposed changes. The Contracting Officer reserves the right to request additional or alternative forms of documentation to support proposed changes.

Once the Contractor’s documentation is reviewed and evaluated, the Contracting Officer will notify the contractor of the status of the EPA request and what proposed costs (if any) were found to be unallowable. Should there be any disagreement with the Contracting Officer’s evaluation of the EPA request, the contractor must submit a response outlining those areas in which the contractor disagrees.

The response must be provided to the Contracting Officer within seven (7) calendar days of notification of the anticipated unallowable costs.

The CO is the approving authority for all EPA requests. All EPA requests are subject to availability of funds.”

Period of Performance: January 1, 2024 – December 31, 2028

Period of Performance: BASE YEAR: ___January 1, 2024__ to __December 31,2024_______

ORDERING YEAR 1: ___January 1, 2025__ to __December 31,2025_______

LIN

No.

SUB-

Description

Est Qty. Unit Unit Cost

Est Total

Annual Cost

No.

SUB-

LIN

Description

Est Qty. Unit Unit Cost

Est Total

Annual Cost

One (1) Board Certified General Surgery Physician to perform services on-site. See CPT listing in Section D for LINS 0001AA – 0001GR for cost and quantity of estimated procedures to be completed. Any procedure completed not on the CPT listing in Section D will be priced in accordance with the FY23 CMS Physician Fee Schedule Facility Rate.

12 MO $ $

0002 After normal clinic hours: On-Call Mon- Fri 4:00pm-8:00am 185 HR $ $

0003 On-Call weekends (Fri 4:00pm-Mon 8:00am) and Federal holidays 90 HR $ $

EST TOTAL FOR BASE $

One (1) Board Certified General Surgery Physician to perform services on-site. See CPT listing in Section D for LINS 1001AA – 1001GR for cost and quantity of estimated procedures to be completed. Any procedure completed not on the CPT listing in Section D will be priced in accordance with the FY23 CMS Physician Fee Schedule Facility Rate.

12 MO $ $

1002 After normal clinic hours: On-Call Mon- Fri 4:00pm-8:00am 185 HR $ $

1003 On-Call weekends (Fri 4:00pm-Mon

EST TOTAL FOR ORDERING PERIOD ONE (1) $

ORDERING YEAR 2: ___January 1, 2026__ to __December 31,2026_______

Qty. Unit Unit Cost

Est Total

Annual Cost

One (1) Board Certified General Surgery Physician to perform services on-site. See CPT listing in Section D for LINS 2001AA – 2001GR for cost and quantity of estimated procedures to be completed. Any procedure completed not on the CPT listing in Section D will be priced in accordance with the FY23 CMS Physician Fee Schedule Facility Rate.

12 MO $ $

2002 After normal clinic hours: On-Call Mon- Fri 4:00pm-8:00am 185 HR $ $

2003 On-Call weekends (Fri 4:00pm-Mon

EST TOTAL FOR ORDERING PERIOD TWO (2) $

ORDERING YEAR 3: ___January 1, 2027__ to __December 31,2027_______

LIN

No.

Qty. Unit Unit Cost

EstTotal

Annual Cost

One (1) Board Certified General Surgery Physician to perform services on-site. See CPT listing in Section D for LINS 3001AA – 3001GR for cost and quantity of estimated procedures to be completed. Any procedure completed not on the CPT listing in Section D will be priced in accordance with the FY23 CMS Physician Fee Schedule Facility Rate.

12 MO $ $

3002 After normal clinic hours: On-Call Mon- Fri 4:00pm-8:00am 185 HR $ $

3003 On-Call weekends (Fri 4:00pm-Mon

EST TOTAL FOR ORDERING PERIOD THREE (3) $

ORDERING YEAR 4: ___January 1, 2028__ to __December 31,2028_______

Qty. Unit Unit Cost

Est Total

Annual Cost

One (1) Board Certified General Surgery Physician to perform services on-site. See CPT listing in Section D for LINS 4001AA – 4001GR for cost and quantity of estimated procedures to be completed. Any procedure completed not on the CPT listing in Section D will be priced in accordance with the FY23 CMS Physician Fee Schedule Facility Rate.

12 MO $ $

4002 After normal clinic hours: On-Call Mon- Fri 4:00pm-8:00am 185 HR $ $

4003 On-Call weekends (Fri 4:00pm-Mon

EST TOTAL FOR ORDERING PERIOD FOUR (4) $

Total for base performance period and all ordering periods: Est $_____________

In accordance with FAR 16.504, the guaranteed minimum value of services the Government will acquire under the contract is $10,000.00. The maximum value of services the Government will acquire under the contract for the Period of Performance and all exercised options shall not exceed $7,000,000.00.

Estimated Quantities - LINs and SLINs listed herein are estimated quantities. The Government is not obligated to purchase any specified amount of services under this FP-IDIQ, but will be obligated to make payment for all services requested and received in the quantities and of the quality requested. The Government does not guarantee or imply that any fixed number of orders/referrals for services will be placed under the resultant contract ORDERING PROCEDURES: The Government does not guarantee that it will place any orders under this contract in excess of the guaranteed minimum award amount.

Individual task orders shall be funded annually. The Contracting Officer is the only authorized individual that can place annual task orders against this contract for the estimated amount of services for the specific ordering period, and the task orders shall be issued to the contractor annually at the time each ordering period is exercised, if applicable.

“Evaluations of Options": 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 ordering period 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 period exercised under FAR 52.217-8 will be those rates in effect under the contract each time an ordering period 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 Quotes relative to each other, and will not affect the ranking of Quotes based on price, unless, after reviewing the Quotes, the Government determines that there is a basis for finding otherwise. This evaluation will not obligate the Government to exercise any ordering period under FAR 52.217-8.

B.3 PERFORMANCE WORK STATEMENT FOR ONSITE GENERAL

SURGERY PHYSICAN SERVICES

1. GENERAL:

1.1. Services Provided: The Contractor shall provide one (1) Board Certified Physician on site in accordance with the specifications contained herein to beneficiaries of the Department of Veterans Affairs (VA) and the Veterans Healthcare System of the Ozarks (VHSO). Contractor must provide personnel who are credentialed, privileged and Active staff at a local area hospital within 25 miles of VAMC 1100 North College Ave.

Fayetteville, AR. 72703.

1.2. Place of Performance: Contractor shall furnish services at the Veterans Healthcare System of the Ozarks in Fayetteville, AR.

1.3. Authority: Title 38 USC 8153, Health Care Resources (HCR) sharing Authority. FAR Parts 12 and 13.

1.4. Policy/Directives/Handbooks. The contractor shall be subject to the following policies, including any subsequent updates during the period of performance. The policies listed below can be accessed electronically at the following: VA Publications VHA Publications

1.4.1. 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 1192.01: Seasonal Influenza Vaccination Program for VHA Health Care Personnel

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

1.4.10. VHA Directive 1400.01: Supervision of Physician, Dental, Optometry, Chiropractic, and Podiatry Residents

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. VHA Handbook 1400.04: Supervision of Associated Health Trainees:

https://www.va.gov/vapubs/ https://www.va.gov/vhapublications/index.cfm https://www.va.gov/vhapublications/index.cfm

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

1.5.1. ABS: American Board of Surgery http://www.absurgery.org/

1.5.2. ACGME: Accreditation Council for Graduate Medical Education

1.5.3. ACLS: Advanced Cardiac Life Support

1.5.4. AJIC: American Journal for Infection Control

1.5.5. AQL: Acceptable Quality Level

1.5.6. BAA: Business Associate Agreement

1.5.7. BBA: Balanced Budget Act

1.5.8. BLS: Basic Life Support

1.5.9. CDC: Centers for Disease Control and Prevention

1.5.10. CDR: Contract Deficiency Report

1.5.11. CEU: Certified Education Unit

1.5.12. Clinical Privileging: Clinical 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, and within available resources.

1.5.13. CME: Continuing Medical Education

1.5.14. CMP: Civil Monetary Penalty

1.5.15. CMS: Centers for Medicare and Medicaid Services

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

1.5.17. COI: Conflict of Interest

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

http://www.justice.gov/oip/foia_updates/Vol_XVII_4/page2.htm http://www.absurgery.org/

1.5.19. COS: Chief of Staff

1.5.20. CPARS: Contractor Performance Assessment Reporting System

1.5.21. Credentialing: Credentialing is the process of obtaining, verifying, and assessing the qualifications of a health care provider to provide care or services in or for the VA health care system. Credentials are documented evidence of licensure, education, training, experience or other qualifications.

1.5.22. DEA: Drug Enforcement Agency

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

1.5.24. EPA: Environmental Protection Agency

1.5.25. FAPIIS: Federal Awardee Performance and Integrity Information System

1.5.26. FAR: Federal Acquisition Regulation

1.5.27. FOIA: Freedom of Information Act

1.5.28. FPPE: Focused Provider Practice Evaluation

1.5.29. FSMB: Federation of State Medical Boards

1.5.30. FTE: Full Time Equivalent: VA’s standard definition is for full time working the equivalent of 80 hours every two weeks, 2080 hours per year. However, providers may propose using their standard FTE definition.

1.5.31. HHS: Department of Health and Human Services

1.5.32. HICPAC: Hospital Infection Practices Advisory Committee

1.5.33. HIPAA: Health Insurance Portability and Accountability Act

1.5.34. IGRA: Interferon-gamma Release Assays

1.5.35. ISO: Information Security Officer

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

1.5.37. MRI: Magnetic Resonance Imaging

1.5.38. MST: Military Sexual Trauma

1.5.39. NPI: National Provider Identifier. NPI is a standard, unique 10-digit numeric identifier required by HIPAA. The VHA must use NPIs in all HIPAA-standard electronic transactions for individual (health care practitioners) and organizational entities (medical centers).

1.5.40. NPPES: National Plan and Provider Enumeration System

1.5.41. NSO: National Surgery Office

1.5.42. OGC: Office of General Counsel

1.5.43. OIG: Office of Inspector General

1.5.44. OPPE: Ongoing Provider Practice Evaluation

1.5.45. OR: Operating Room

1.5.46. POP: Period of Performance

1.5.47. PPD: Purified Protein Derivative

1.5.48. PPIRS: Past Performance Information Retrieval System

1.5.49. PWS: Performance Work Statement

1.5.50. QA/QI: Quality Assurance/Quality Improvement

1.5.51. QM/PI: Quality Management/Performance Improvement

1.5.52. QASP: Quality Assurance Surveillance Plan

1.5.53. RFP: Request for Proposal

1.5.54. SCS: Specialty Care Services

1.5.55. SSAC: Sole Source Affiliate Contract

1.5.56. TJC: the Joint Commission

1.5.57. TST: Tuberculosis Skin Test

1.5.58. USC: United States Code

1.5.59. VA: Department of Veterans Affairs

1.5.60. VA-FSC: VA Financial Services Center

1.5.61. VAAR: VA Acquisition Regulation

1.5.62. VETPro: is VHA’s mandatory credentialing software platform to document the credentialing of VHA health care Providers. This system facilitates completion of a uniform, accurate and complete credentials file.

1.5.63. VHA: Veterans Health Administration

1.5.64. VistA: Veterans Integrated Systems Technology Architecture

2. QUALIFICATIONS:

2.1. Staff/Facility

2.1.1. License: The Contractor’s physician(s) assigned by the Contractor to perform the services covered by this contract shall have a current license to practice 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 key personnel working on this contract shall be full and unrestricted licenses. Contractor’s physician(s) who have current, full and unrestricted licenses in one or more states, but who have, or ever had, a license restricted, suspended, revoked, voluntarily revoked, voluntarily surrendered pending action or denied upon application will not be considered for the purposes of this contract.

2.1.2. Board Certification: All Contractor’s physician(s) shall be Board Certified by the ABS http://www.absurgery.org/, and be currently certified in BLS, ACLS or equivalency. All continuing education courses required for maintaining certification must be kept up to date at all times. Documentation verifying current certification shall be provided by the Contractor to the VA COR on an annual basis for each year of contract performance.

2.1.3. Credentialing and Privileging: 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) possesses the requisite credentials enabling the granting of privileges.

No services shall be provided by any Contractor’s physician(s) prior to obtaining approval by the Facility Medical Executive Board and Medical Center Director.

2.1.3.1. If a Contractor’s physician(s) and/or other contract provider(s) are 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 physician(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) and Contractor’s physician(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 facility. Contractor’s physician(s) registered or certified by national/medical associations shall continue to meet the minimum standards for CME to remain current. Contractor shall report CME hours to the credentials office for tracking. These documents are required for both privileging and re-privileging. Failure to provide shall result in loss of privileges for Contractor’s physician(s).

2.1.6. Training (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) as required by the VA.

Other training may become required. VA will communicate any changes to the training requirement to the contractor.

http://www.absurgery.org/

Training Frequency Annual Hours ACLS/BLS Once a year 1 hour

Active Threat Training Once a year 1 hour

Blood Administration:

Complications

Once a year 1 hour

EHR Once a year 1 hour

Government Ethics Once a year 1 hour

Hospice and Palliative Care for VA Clinicians

Once a year 1 hour

Military Sexual Trauma (MST) for Medical Providers

Once a year 1 hour

Moderate Sedation In- Service Training

Once a year 1 hour

PACT Act 2022 Toxic Exposure Screening (TES)

Once a year 1 hour

Patient Abuse Once a year 1 hour

Patient Rights Once a year 1 hour

Patient Safety Once a year 1 hour

Prevention/Management of Disruptive Behavior/Violence Prevention Level I

Once a year 1 hour

Prevention of Workplace Harassment/No Fear Act

Once a year 1 hour

Suicide Prevention: Suicide Risk Management Training for Clinicians

Once a year 1 hour

SUX Infection Control and Blood Borne Pathogens

Once a year 1 hour

VA Core Values Training (ICARE Recommitment)

Once a year 1 hour

VA Privacy and Information Security Awareness and Rules of Behavior

Once a year 1 hour

VHA MRI Safety Training Level 1 Training (all who enter MRI suites)

Once a year 1 hour

VHA Privacy and HIPAA Focused Training

Once a year 1 hour

VistA Imaging Once a year 1 hour

Ensuring Correct Site Surgery

Once a year 1 hour

2.1.7. STANDARD INFECTION CONTROL MEASURES (PPD, IMMUNIZATIONS, ETC.):

Contractor shall provide proof of the following for physicians within five (5) calendar days after contract award and prior to the first duty shift to the COR and CO. 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) 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 {This is applicable to all health care workers}.

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

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

2.1.7.5. INFLUENZA: Contractors shall provide proof that all Contractor physicians have received the annual Influenza vaccine unless it is contraindicated. If the Contractor physician has a medical contraindication to the vaccine they shall be required to wear a mask during the Influenza season. {This is applicable to all health care workers}.

2.1.7.6. OSHA REGULATION CONCERNING OCCUPATIONAL EXPOSURE TO

BLOODBORNE PATHOGENS: Contractor shall provide evidence of completing and passing generic self-study blood-borne pathogen training for all Contractor’s physician(s) {This is applicable to all health care workers};

provide their own Hepatitis B vaccination series and hepatitis B surface antigen test results following the hepatitis B vaccination series; maintain an exposure determination and control plan; maintain required records; and ensure that proper follow-up evaluation is provided following an exposure incident.

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

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

2.1.8. NPI: NPI is a standard, unique 10-digit numeric identifier required by HIPAA. The VHA must use NPIs in all HIPAA-standard electronic transactions for individual (health care practitioners) and organizational entities (medical centers). The http://www.cdc.gov/hicpac/pdf/InfectControl98.pdf

Contractor shall have or obtain appropriate NPI and if pertinent the Taxonomy Code confirmation notice issued by the CMS NPPES be provided to the CO with the proposal.

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

2.1.10. Conflict of Interest (COI): The Contractor and all Contractor’s physician(s) are responsible for identifying and communicating to the CO and COR conflicts of interest at the time of proposal and during the entirety of contract performance. At the time of proposal, the Contractor shall provide a statement which describes, in a concise manner, all relevant facts concerning any past, present, or currently planned interest (financial, contractual, organizational, or otherwise) or actual or potential organizational conflicts of interest relating to the services to be provided.

The Contractor shall also provide statements containing the same information for any identified consultants or subcontractors who shall provide services. The Contractor must also provide relevant facts that show how it’s organizational and/or management system or other actions would avoid or mitigate any actual or potential organizational conflicts of interest. These statements shall be in response to the VAAR provision 852.209-70 Organizational Conflicts of Interest and fully outlined in response to the subject attachment in Section D of the solicitation document.

2.1.11. 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 VA patient referrals.

2.1.11.2. While performing services for the VA, 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 FAR.

2.1.11.3. If the Contractor fails to comply with any requirements outlined in the preceding paragraphs or its Agency regulations, the VA may, at its discretion, require that the foreign national who failed to maintain their legal status in the United States or otherwise failed to comply with the requirements of the laws administered by Homeland Security, Immigration and Customs Enforcement and the U.S Department of Labor, shall be prohibited from working at the Contractor’s place of business that services VA patient referrals; or other place where the Contractor provides services to veterans who have been referred by the VA; 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.

2.1.12. Annual OIG Statement: In accordance with HIPAA and the Balanced Budget Act (BBA) of 1977, the HHS 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) 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 facility COS or his/her clinical designee and approval by the Medical Center Director as provided in VHA Directive 1100.20 and VHA Directive

1100.21. Clinical/Professional performance monitoring and review of all clinical personnel covered by this contract for quality purposes will be provided by the facility COS and/or the Chief of the Service or his designee. A clinical COR may be appointed, however, only the CO is authorized to consider any contract modification request and/or make changes to the contract during the administration of the resultant contract.

2.3. Non Personal Healthcare Services: The parties agree that the Contractor and all Contractor’s physician(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 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) shall not perform inherently governmental functions. This includes, but is not limited to, http://oig.hhs.gov/exclusions/index.asp 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 Contractor’s physician(s). When a Contractor or Contractor’s physician(s) has been identified as a provider in a tort claim, the Contractor shall be responsible for notifying their legal counsel and/or insurance carrier. Any settlement or judgment arising from a Contractor’s (or Contractor’s physician(s)) action or non-action shall be the responsibility of the Contractor and/or insurance carrier.

2.9. Key Personnel:

2.9.1. The VA Full Time Equivalent (FTE) for the services required 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 American Board Certified GENERAL SURGERY physicians required to be onsite daily is defined in paragraph Hours of Operation in this section.

2.9.3. The Contractor shall be responsible for providing coverage to the VA during periods of vacancies of the Contractor’s personnel due to sick leave, personal leave, vacations and additional coverage as required. In the event a scheduled physician is unable to complete an assigned shift, the Contractor shall provide replacement physician coverage within 2 hours and notify the COR immediately of the schedule change.

2.9.4. 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 5 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 20 calendar days prior to making any permanent substitutions.

2.9.4.1. 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 2 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.

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

2.9.4.3. The Government reserves the right to refuse acceptance of any Contractor personnel at any time after performance begins, if personal or professional conduct jeopardizes patient care or interferes with the regular and ordinary operation of the facility. Breaches of conduct include intoxication or debilitation resulting from drug use, theft, patient abuse, dereliction or negligence in performing directed tasks, or other conduct resulting in formal complaints by patient or other staff members to designated Government representatives.

Standards for conduct shall mirror those prescribed by current federal personnel regulations. Should the VA COS or designee show documented clinical problems or continual unprofessional behavior/actions with any Contractor’s physician(s), s/he may request, without cause, immediate replacement of said Contractor’s physician(s). The CO and COR shall deal with issues raised concerning Contractor’s physician(s) conduct. The final arbiter on questions of acceptability is the CO.

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

3. VA HOURS OF OPERATION/SCHEDULING:

3.1. VA Business Hours: Daily business/clinic hours will be Monday-Friday 8:00 am – 4:00 pm. On call hours will be from Monday-Friday 4:00 pm – 8:00 am. Weekend call will be from Friday 4:00 pm – Monday 8:00 am.

Clinic or OR Schedule:

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

3.1.2. Contractor’s physician(s) shall be available and present in clinic during normal VHSO clinic hours, which will be established, and may be revised, as deemed appropriate for patient care by the COS. Currently, normal clinic hours are Monday-Friday 8:00 am - 4:00 pm.

3.1.3. Off-hours Coverage: Contractor must make the Contractor’s physician(s) available on-call during all hours when the VHSO clinic is closed, including evenings, weekends and holidays.

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

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

3.2. Federal Holidays: The following holidays are observed by the VA:

• New Year’s Day

• President’s Day

• Martin Luther King’s Birthday

• Memorial Day

• Juneteenth

• Independence Day

• Labor Day

• Columbus Day

• Veterans Day

• Thanksgiving

• Christmas

• Any day specifically declared to be a national holiday.

3.3. Cancellations: Unless a state of emergency has been declared, the Contractor shall be responsible for providing services.

4. CONTRACTOR RESPONSIBILITIES:

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

4.1.1. Contractor’s physician(s) shall be responsible for signing in and out when in attendance. Time sheets will be used by the COR to confirm hours/day and services provided against the contractor’s invoices.

4.2. Standards of Care: The Contractor’s physician(s)’ care shall cover the range of General Surgery 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 the Joint Commission (TJC), VA…