36C25624Q0705_1.docx

36C25624Q0705

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

629-24-2-043-0159 36C25624Q0705 Karen Battie 318-990-5105 06-0 -2024 2:00 pm

CDT

36C256 Department of Veterans Affairs Network Contracting Office 16 5075 Westheimer Road, Suite 750 Houston TX 77056 X X 621511 $41.5 Million N/A X 36C629 Department of Veterans Affairs New Orleans VAMC 2400 Canal Street New Orleans LA 70119 36C256 Department of Veterans Affairs Network Contracting Office 16 Overton Brooks VA Medical Center 510 East Stoner Avenue Shreveport LA 71101

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

1-877-489-6135 See CONTINUATION Page This solicitation is a Request for Quote (RFQ) for Anatomical Autopsy Services- New Orleans VAMC in New Orleans,LA See Performance Work Statement.

Addendum to 52.212-1 is attached and provides instructions to Contractors on page 56.

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

This is a commercial competitive acquisition in accordance with Federal Acquisition Regulation (FAR) Part 12, 13, 13.5, and 16.5.

The following wage determination applies:

nation No. 2015-5189 Rev 26 Dated 12/26/2023 See CONTINUATION Page X X 1(one) Stephanie Keo

VA-VHA-RPOC-2023-0081

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR: POC:__________________ Address: _________________ Phone:___________________ Email: ___________________ UEI Number:______________

TAX ID:__________________

b. GOVERNMENT: Stephanie Keo Contracting Officer (CO) Department of Veterans Affairs Network Contracting Office 16 5075 Westheimer Road, Suite 750 Houston TX 77056 Email: stephanie.keo@va.gov

Karen Battie Contract Specialist (CS) Department of Veterans Affairs Network Contracting Office 16 510 E. Stoner Avenue Shreveport, LA 71101 Email: karen.battie@va.gov

Darby Matthews Contracting Officer Representative (COR) Department of Veterans Affairs New Orleans VA Medical Center 2400 Canal Street New Orleans, LA 70119 Email: darby.matthews@va.gov

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

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

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

(End of B.1 Contract Administration Data)

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Full autopsy incl brain Ordering Period: Base POP Begin: date of award POP End: 12 months from date of award

NAICS Code: 621511- Medical Laboratories PSC Code: Q515- Medical- Pathology

Full autopsy excl brain Ordering Period: 1 POP Begin: from date of award POP End: 12 months from date of award

NAICS CODE: 621511- Medical Laboratories PSC CODE: Q515- Medical- Pathology

Brain only Ordering Period: 2 POP Begin: from date of award POP End: 12 months from date of award

PSC CODE: Q515- Medical Pathology

Chest only Ordering Period: 3 POP Begin: from date of award POP End: 12 months from date of award

NAICS CODE: 621511621511- Medical Laboratories

Abdomen only Ordering Period: 4 POP Begin: from date of award POP End: 12 months from date of award

Minimum Contract amount $500.00. Maximum Contract Amount: $100,000.00 (End of B.2 Price/Cost Schedule)

B.3 PERFORMANCE WORK STATEMENT

New Orleans VA Medical Center New Orleans, LA Anatomical Autopsy Services

GENERAL: This is a non-personnel services contract to provide Autopsy Services. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

Services Provided: The Contractor shall provide accredited Pathology Physician Services off-site for the Department of Veterans Affairs Medical Center, Southeast Louisiana Veteran Health Care System (hereinafter referred to as VAMC) located at 2400 Canal Street, New Orleans, Louisiana 70119, to perform anatomical autopsy services in accordance with the specifications contained herein to beneficiaries of the VAMC. All physician(s) shall be accredited by the College of American Pathologists (CAP), the National Association of Medical Examiners (NAME) or an equivalent agency. All services provided by the Contractor shall meet or exceed all applicable standards of The Joint Commission (JC).

Place of Performance: Services shall be provided off site at the Contractor’s location.

Period of Performance: This contract is for a base year plus four (4) option years.

Base Period: 12 Months Ordering Period 1: 12 Months Ordering Period 2: 12 Months Ordering Period 3: 12 Months Ordering Period 4: 12 Months TYPE OF CONTRACT: The government anticipates award of a IDIQ type contract with fixed unit prices contract.

Authority: Title 38 United States Code (U.S.C.) § 8153 – Sharing of Health Care Resources (HCR).

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

VA Directive 1663: Health Care Resources Contracting- Buying- http://www1.va.gov/vapubs/viewPublication.asp?Pub_ID=347 VHA Handbook 1100.17: National Practitioner Data Bank Reports-http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=2135 VHA Handbook 1100.18: Reporting And Responding To State Licensing Boards- http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=1364 VHA Handbook 1400.05: Disbursement Agreements Procedures- http://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=1769 VHA Handbook 1907.01: Health Information Management and Health Records- http://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=3025 Privacy Act of 1974 (5 U.S.C. § 552a) as amended - http://www.justice.gov/oip/foia_updates/Vol_XVII_4/page2.htm

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

ABP: American Board of Pathology ACS: Administrative Contract Specialist. Contract Specialist who administers the contract.

AOD: Admitting Officer of the Day CAP: College of American Pathology CDC: Centers for Disease Control and Prevention CDR: Contract Discrepancy Report CEU: Certified Education Unit CLIA: Clinical Laboratory Improvement Amendments CME: Continuing Medical Education CMS: Centers for Medicare and Medicaid Services CO: Contracting Officer. The person executing this contract on behalf of the Government with the authority to enter and administer contracts and make related determinations and findings.

COR: Contracting Officer 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.

Contractor: a person or entity that enters a contract. Includes contract physician(s).

COS: Chief of Staff CPARS: Contractor Performance Assessment Reporting System CS or ACS: Administrative Contract Specialist. Contract Specialist who administers the contract.

SLVHCS: Southeast Louisiana Veterans Health Care System. For purposes of this contract, this term shall mean Veterans Affairs Medical Center (VAMC).

FAR: Federal Acquisitions Regulations.

FSMB: Federation of State Medical Boards HHS: Department of Health and Human Services HICPAC: Healthcare Infection Control Practices Advisory Committee HIPAA: Health Insurance Portability and Accountability Act ISO: Information Security Officer JC: Joint Commission MOD: Medical Officer of the Day NAME: National Association of Medical Examiners NPI: National Provider Identifier is a standard, unique ten (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).

NPPES: National Plan and Provider Enumeration System POP: Period of Performance PWS: Performance Work Statement QASP: Quality Assurance Surveillance Plan VA: Department of Veterans Affairs VAMC: Veteran’s Affairs Medical Center. Unless identified with the name of a different VAMC, for purposes of this contract, this term shall mean the SLVHCS.

VHA Veterans Health Administration. The central office for administration of the VAMC throughout the United States. The VHA is in Washington, D.C.

VISN: Veterans Integrated Services Network. The regional oversight for the VAMC.

SCOPE:

Contractor shall be responsible for providing either a partial or full autopsy (as indicated on the Authorization for Autopsy form), including standard gross and microscopic samplings, photography, neuropathology, and toxicology on cadavers prepared for transportation to the Contractor’s facility. Cadavers shall be transported from the VAMC to the Contractor’s location by the Contractor.

Contractor shall not accept a cadaver without copies of appropriate medical records prepared by the VAMC and a signed, legal, and complete autopsy permit. The VA shall be responsible for the delivery of the cadaver to the Contractor’s location. Upon receipt at the Contractor’s location, the cadaver shall be logged in as received at the location. The medical records shall be kept with the cadaver in a locked crypt. When the body is removed from the locked crypt, the medical records shall be provided to the physician(s) performing the autopsy. Following the autopsy, the medical records shall be locked in a secured location for review. Upon the physician(s) completion of the medical records review, the physician(s) shall submit the medical records to the contractor’s Records Supervisor or designee who will shred the documents.

1.1.1.1.1. Prior to the Contractor making transportation arrangements for the cadaver from the VAMC to their facility, a primary investigator (Contractor) shall call the VAMC physician to discuss the need for the autopsy and/or any restrictions/limitations placed on the autopsy.

1.1.1.2. In the event that the Physician(s) determine a more extensive autopsy should be conducted (special cases requiring unusual toxicology, extensive immunohistochemistry, molecular analysis, or extensive post-mortem radiography, SLVHCS Pathology must be notified and approve the procedures. Prisoner of War (POW) autopsy protocols shall require additional slides and blocks (including wet tissue). The P&LMS physician staff at the VAMC shall determine if the patient was a POW and shall communicate this information to Contractor. All pathological material from POW’s shall be examined and reported in the customary manner. A duplicate set of slides, blocks, and representative wet tissue must be submitted to P&LMS for submission to the Joint Pathology Center. This duplicate set, via FedEx, UPS, or courier, must be submitted as soon as possible, but no later than ten (10) days after completion of the final report and/or conference presentation, if applicable.

1.1.1.3. Physician(s) shall provide the VAMC with preliminary anatomical diagnosis within one (1) business day for a partial autopsy. A full autopsy report shall be provided within twenty-five (25) working days. Copies of these reports which shall include the Final Anatomical Diagnosis (FAD) shall be faxed to (504) 507-2012 as soon as they are available. Originals shall be mailed to the VAMC at: Pathology & Laboratory Medicine Service (P&LMS), 2400 Canal Street, Room 4F139, Attn: Anatomic Pathology Supervisor or Pathologist, New Orleans, Louisiana 70119

1.1.1.4. Following completion of an autopsy, the contractor shall notify SLVHCS Pathology (800-935-8387 ext. 63317 or 63325) during regular business hours, Monday-Friday, 7:30AM to 4:00PM, so that the corresponding transportation arrangements can be made for transfer of the body back to SLVHCS. After business hours, the Contractor shall contact the Administrator on Duty (AOD) by calling the VAMC operator at (504)507-2000.

1.1.1.5. Upon mutual agreement of both the VAMC and the Contractor, the Contractor shall present autopsy findings at clinical conferences when provided with at least ten (10) calendar days of advance notice by the VAMC.

1.1.1.6. Per CAP requirements, a Clinicopathological correlation will be included in all reports.

2. QUALIFICATIONS

2.1. Staff/Facility:

2.1.1. License: 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. All licenses held by the personnel working on this contract shall be full and unrestricted licenses. 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 physician(s) shall be American Board of Pathology board certified/board eligible in Anatomic Pathology, Anatomic & Clinical Pathology or Forensic Pathology. All continuing education courses required for maintaining certification must be always kept up to date. Documentation verifying current certification shall be provided by the Contractor to the VAMC COR upon request.

2.1.3. Technical Proficiency: 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 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 physician(s).

2.1.4. 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. Physician(s) registered or certified by national/medical associations shall continue to meet the minimum standards for CME to remain current.

2.1.5. National Provider Identifier (NPI): NPI is a standard, unique ten (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 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) and provide these to the CO with the proposal.

2.1.6. Conflict of Interest: The Contractor and all physician(s) shall identify and communicate to the CO and COR conflicts of interest that exist 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 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.

2.1.7. Citizenship Related Requirements:

2.1.7.1. The Contractor certifies that the physician(s) 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 VAMC.

2.1.7.2. While performing services for the VAMC, the Contractor shall not knowingly employ or contract with an illegal alien; foreign national non-immigrant who is in violation of their status, because of their failure to maintain or comply with the terms and conditions of their admission into the United States. Additionally, the Contractor shall comply with all “E-Verify” requirements consistent with “Executive Order 12989” and any related pertinent Amendments.

2.1.7.3. If the Contractor fails to comply with any requirements outlined in the preceding paragraphs, the VAMC may, at its discretion, require that foreign nationals 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, stop performing services under this contract. Failure to comply with paragraph 2.1.10. and its subparagraphs shall form the basis for termination of this contract breach.

2.1.7.4. 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.

2.1.8. Annual Office of Inspector General (OIG) Statement: In accordance with HIPAA and the Balanced Budget Act (BBA) of 1977, the 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.

2.1.8.1. 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 and shall not provide physician(s) named on that list. 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 employs or enters contracts with excluded individuals to provide items or services to Federal program beneficiaries.

2.1.8.2. By submitting their proposal, the Contractor certifies that the HHS OIG List of Excluded Individuals/Entities has been reviewed and that the Contractor and its proposed contract physician(s) are not listed as of the date the offer/bid was signed.

3. HOURS OF OPERATION

3.1. VAMC Business Hours: The normal business hours for the VAMC are 07300 to 1600 Monday through Friday excluding federal holidays.

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

1. New Year’s Day

1. Martin Luther King, Jr. Birthday

1. Washington’s Birthday

1. Memorial Day

1. Juneteenth

1. Independence Day

1. Labor Day

1. Columbus Day

1. Veterans Day

1. Thanksgiving Day

1. Christmas Day

1. Any day specifically declared by the President of the United States to be a national holiday.

4. CONTRACTOR RESPONSIBILITIES

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

4.1.1. Contractor shall ensure that only qualified, licensed, board certified pathologists provide the final written diagnosis for gross and microscopic post-mortem examination findings. If a resident/fellow signs the autopsy report, a licensed pathologist who meets the identified criteria shall countersign it. (See 3.1.2 for board certification requirements)

4.1.1.1. The Contractor shall ensure that the physician(s) close all autopsy cases within the timeframe defined by the National Association of Medical Examiners. The COR shall be responsible for verifying contract compliance. After contract award, any incidents of Contractor noncompliance as evidenced by the monitoring procedures shall be forwarded immediately to the CO.

4.1.1.2. All sections of the autopsy report shall be finalized before the autopsy can be closed. This includes when the brain is included as part of the autopsy.

4.1.2. Contractor shall provide adequate space for storage of all materials associated with the VAMC’s autopsy cases. The storage locations shall be locked and dry.

4.1.2.1. Rotation requirement shall follow VHA directive 1106.01 or subsequent successive directive.

4.1.2.2. Contractor shall pull materials from storage, when necessary, for additional sectioning/review for any clinically appropriate purpose, including but not limited to, quality assurance review and teaching purposes.

4.2. Standards of Care: The physician(s) care shall cover the range of Pathology 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 exceedingly currently recognized national standards as established by:

4.2.1. VA Standards: VHA Directive 2006-041 “Veterans’ Health Care Service Standards” (expired but still in effect pending revision) https://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=1443

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

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

4.2.4. The requirements contained in this PWS.

4.3. MEDICAL RECORDS

4.3.1. Authorities: Physician(s) providing healthcare services to the VAMC patients shall be considered as part of the Department Healthcare Activity. Contractor shall ensure its physician(s) comply with the 47 U.S.C. § 551(a) (Protection of Subscriber Privacy), 38 U.S.C. § 5701 (Confidential Nature of Claims), 5 U.S.C. § 552 (Freedom of Information Act), 38 U.S.C. § 5705 (Confidentiality of Medical Quality Assurance Records) 38 U.S.C. § 7332 (Confidentiality of Certain Medical Records), Title 5 U.S.C. § 522a (Records Maintained on Individuals) as well as 45 C.F.R. Parts 160, 162 and 164 (HIPAA).

4.3.2. HIPAA: This contract and its requirements meet exception in 45 CFR 164.502(e) and does not require a Business Associate Agreement (BAA). Treatment and administrative patient records generated by this contract or provided to the Contractors by the VAMC are covered by the VA system of records entitled ‘Patient Medical Records-VA’ (24VA19). Contractor generated VA patient records are the property of the VA and shall not be accessed, released, transferred, or destroyed except in accordance with applicable laws and regulations. Contractor shall ensure that all records pertaining to medical care and services that are in its possession are available for immediate transmission when requested by the VA. Records identified for review, audit, or evaluation by VA representatives and authorized federal and state officials, shall be accessed on-site during normal business hours or mailed by the Contractor at his expense. Contractor shall deliver all final patient records, correspondence, and notes to the VA within twenty-one (21) calendar days after the contract expiration date.

4.3.3. Disclosure: Physician(s) may have access to patient medical records; however, the Contractor shall obtain permission from the VAMC before disclosing any patient information. Subject to applicable federal confidentiality or privacy laws, the Contractor, or its designated representatives, and designated representatives of federal regulatory agencies having jurisdiction over Contractor, may have access to the VAMC records, at the place of business on request during normal business hours, to inspect and review and make copies of such records. The VAMC will provide the Contractor with a copy of VHA Handbook 1907.1, Health Information Management and Health Records and VHA Handbook 1605.1, Privacy and Release of Information. The penalties and liabilities for the unauthorized disclosure of VA patient information mandated by the statutes and regulations listed in paragraph 4.4.1 apply to the Contractor.

4.3.4. Professional Standards for Documenting Care: Contractor shall ensure that medical care provided under this contract is appropriately documented in medical records in accordance with standard commercial practice and in accordance with guidelines established by VHA Handbook 1907.01 Health Information Management and Health Records: http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=2791, as well as all guidelines provided by the VAMC.

4.3.5. Release of Information: The VAMC shall maintain control of releasing any patient medical information and will follow policies and standards as defined, but not limited to Privacy Act requirements. In the case of the VAMC authorizing the Contractor to release patient information, the Contractor in compliance with the VAMC regulations, and at its own expense, shall use VA Form 3288, Request for and Consent to Release of Information from Individual’s Records, to process “Release of Information Requests.” In addition, the Contractor shall be responsible for locating and forwarding records not kept at their facility. The VA’s Release of Information Section shall provide the Contractor with assistance in completing forms. Additionally, the Contractor shall use VA Form 10-5345, Request for and Authorization to Release Medical Records or Health Information, when releasing records protected by 38 U.S.C. § 7332. Treatment and release records shall include the patient’s consent form. Completed Release of Information requests will be forwarded to the VAMC Anatomic Pathology Supervisor, 504-507-63314 or 63317.

4.3.6. Direct Patient Care: 100 % of the time involved in direct patient care.

4.3.6.1. Contractor shall ensure that autopsy equipment is maintained in good working order and in accordance with manufacturer’s specifications.

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

4.4.1. Quality Management/Quality Assurance Surveillance: Contractor personnel shall be subject to Quality Management measures. Contractor performance shall be monitored by the government using the standards as outlined in this PWS and methods of surveillance detailed in the QASP. The QASP shall be attached to the resultant contract and shall define the methods and frequency of surveillance conducted. A Quality Assurance Plan (QAP) from the Contractor is required. The QAP shall describe the strategy and methods the Contractor will deploy to ensure that the items identified in the QASP are met.

4.4.2. Complaints: The CO will resolve complaints concerning Contractor relations with the Government employees or patients. The CO is final authority on validating complaints. If the Contractor is involved and named in a validated patient complaint, the Government reserves the right to refuse acceptance of the services of such Contractor personnel involved in the complaint. This does not preclude refusal in the event of incidents involving physical or verbal abuse.

4.4.3. Performance Standards:

4.4.3.1. Measure: Timeliness of Autopsy Reports

Performance Requirement: Exams read in timely fashion, interpretation signed and faxed to VAMC Pathology & Laboratory Service.

Standard: Preliminary autopsy diagnosis must be read within twenty-four (24) hours of exam completion. Final autopsy diagnosis must be provided within 30 days of exam completion.

Frequency: Monthly Incentive: Positive Evaluation of Contractor’s Performance Disincentive: Unfavorable Evaluation of Contractor’s Performance and a Letter of Concerns shall be issued to the Contractor.

4.4.3.2. Measure: Maintains Patient Privacy Confidentiality/Adheres to all HIPPA requirements

Frequency: Quarterly Incentive: Positive Evaluation of Contractor’s Performance Disincentive: Unfavorable Evaluation of Contractor’s Performance. Removal from contract.

4.4.3.3. Measure: Maintains Appropriate Qualifications and licensure/certifications requirements

Frequency: Yearly Incentive: Positive Evaluation of Contractor’s Performance Disincentive: Unfavorable Evaluation of Contractor’s performance. Removal from contract.

4.4.4. Registration with CPARS

4.4.4.1. As prescribed in Federal Acquisition Regulation (FAR) Part 42.15, the VAMC evaluates Contractor past performance on all contracts that exceed one hundred fifty thousand dollars ($150,000.00) and shares those evaluations with other Federal Government contract specialists and procurement officials. The FAR requires that the Contractor be provided an opportunity to comment on past performance evaluations prior to each report closing. To fulfill this requirement the VAMC uses an online database, CPARS, which is maintained by the Naval Seal Logistics Center in Portsmouth, New Hampshire. CPARS has connectivity with the Past Performance Information Retrieval System (PPIRS) database, which is available to all Federal agencies. PPIRS is the system used to collect and retrieve performance assessment reports used in source selection determinations and completed CPARS report cards transferred to PPIRS. CPARS also includes access to the federconnectal awardee performance and integrity information system (FAPIIS). FAPIIS is a web-enabled application accessed via CPARS for Contractor responsibility determination information.

4.4.4.2. Each Contractor whose contract award is estimated to exceed one hundred fifty thousand dollars ($150,000.00) requires a CPARS evaluation. A government Focal Point will register your contract within thirty days after contract award and, at that time, you will receive an email message with a User ID (to be used when reviewing evaluations). Additional information regarding the evaluation process can be found at www.cpars.gov or if you have any questions, you may contact the Customer Support Desk @ DSN: 684-1690 or COMM: 207-438-1690.

4.4.4.3. For contracts with a period of one (1) year or less, the CO will perform a single evaluation when the contract is complete. For contracts exceeding one (1) year, the CO will evaluate the Contractor’s performance annually. Interim reports will be filed each year until the last year of the contract, when the final report will be completed. The report shall be assigned in CPARS to the Contractor’s designated representative for comment. The Contractor representative will have sixty (60) days to submit any comments and re-assign the report to the CO.

4.4.4.4. Failure for the Contractor’s representative to respond to the evaluation within those sixty (60) days, will result in the Government’s evaluation being placed on file in the database with a statement that the Contractor failed to respond; the Contractor’s representative will be “locked out” of the evaluation and may no longer send comments.

5. GOVERNMENT RESPONSIBILITIES

5.1. Contract Administration/Performance Monitoring: After award of contract, all inquiries and correspondence relative to the administration of the contract shall be addressed to: ACS and the COR.

5.1.1. CO Responsibilities:

5.1.1.1. The CO and ACS are the only people authorized to approve changes or modify any of the requirements of this contract. The Contractor shall communicate with the ACS on all matters pertaining to contract administration. Only the CO or ACS is authorized to make commitments or issue any modification to include (but not limited to) terms affecting price, quantity, or quality of performance of this contract.

5.1.1.2. The ACS shall resolve complaints concerning Contractor relations with the government employees or patients. The CO is final authority on validating complaints. In the event the Contractor effects any such change at the direction of any person other than the ACS without authority, no adjustment shall be made in the contract price to cover an increase in costs incurred as a result thereof.

5.1.1.3. If contracted services do not meet quality and/or safety expectations, the best remedy will be implemented, to include but not limited to a targeted and time limited performance improvement plan; increased monitoring of the contracted services; consultation or training for Contractor personnel to be provided by the VA; replacement of the contract personnel and/or renegotiation of the contract terms or termination of the contract.

5.1.2. COR Responsibilities:

5.2.2.1 The COR shall be the VA official responsible for verifying contract compliance.

5.2.2.2 The COR will be responsible for monitoring the Contractor’s performance against the contract requirements.

5.2.2.3. The COR shall establish and maintain a record keeping system that will record work performed by the Contractor physician(s).

5.2.2.4. The COR will review and certify monthly invoices for payment. If in the event the Contractor fails to provide the services in this contract; payments will be adjusted to compensate the Government for the difference.

5.1.3. VAMC Responsibilities:

5.1.3.1. VAMC shall place the cadaver in sealed body bags and shall mark the outside of the bag with the information, if applicable, pertaining to the possibility of infectious disease (HIV, TB, HEP-C). Cadavers shall be accompanied by autopsy consent, full identification, and medical records.

5.1.3.2. VAMC shall receive the cadaver after completion of autopsy via VAMC arranged transport.

5.1.3.3. VAMC shall provide the Contractor with completed autopsy request form “OP 113-002 VAMC Authorization for Autopsy” prior to the Contractor being notified of a pending autopsy request. Consent for autopsy is explicit and follows Louisiana state law. VAMC shall follow Louisiana state law. A copy of the beneficiary’s medical record along with the death summary shall be furnished to Contractor. With each referral case, a VAMC physician shall be the primary contact for Contractor. Telephone numbers and pager numbers will be furnished with each case. The P&LMS administration may also be contacted for any additional concerns.

6. SPECIAL CONTRACT REQUIREMENTS

6.1. Reports/Deliverables: The Contractor shall comply with all reporting requirements established by the Contract. Contractor shall assure the accuracy and completeness of all reports and other documents as well as the timely submission of each. Contractor shall comply with contract requirements regarding the appropriate reporting formats, instructions, submission timetables and technical assistance as required.

6.1.1. Contractor shall submit the following required documents. If a document is required elsewhere in the PWS and is not listed here, the Contractor shall also provide those documents as specified.

6.2. Billing:

6.2.1. Invoice Requirements and Supporting Documentation: Contractor shall submit supporting documentation and invoices no later than the twentieth (20) workday of the month after services are rendered. Contractor shall submit subsequent changes or corrections shall be submitted by separate invoice. In addition to information required for submission of a “proper” invoice in accordance with FAR 52.212-4 (g), all invoices must include:

6.2.1.1. Name and Address of Contractor

6.2.1.2. Invoice Date and Invoice Number

6.2.1.3. Contract Number and Purchase/Task Order Number

6.2.1.4. Date of Service

6.2.1.5. Contract physician(s) (Name of Contractor’s employee)

6.2.1.6. Name of beneficiary and last four (4) digits of the Social Security Number.

6.2.1.7. Itemized statement of services rendered by Current Procedural Technological (CPT) Code and rate.

6.2.1.8. Total price

6.3. Electronic Invoice Submission Methods: Contractor shall submit payment requests in electronic form. Facsimile, email and scanned documents are not acceptable electronic forms for submission of payment requests.

6.4. Data transmission: Contractor must ensure that the data transmission method and format are through one of the following:

6.4.1. VA’s Electronic Invoice Presentment and Payment System – accomplished through the Tungsten Network located at http://www.fsc.va.gov/einvoice.asp. This is mandatory and the sole method for submitting invoices. Phone: (877) 353-9791 Fax: (512) 460-5540.

6.4.2. A system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) chartered by the American National Standards Institute (ANSI).

6.5. Invoice Requirements: Invoices shall comply with FAR 32.905.

6.6. Payment Adjustments/Performance Related Payment Deductions:

6.6.1. The contract shall be adjusted in accordance with actual performance at the end of the base year and/or option year.

6.7. Payments in Full/ No Billing VA Beneficiaries: The Contractor shall accept payment for services rendered under this contract as payment in full. Contractor shall not, under any circumstances, charge VAMC beneficiaries nor their insurance companies for services rendered by the Contractor, even if VAMC does not pay for those services. This provision shall survive the termination of the contract.

6.7.1. To the extent that the veteran desires services which are not a VA benefit or covered under the terms of this contract, the Contractor shall notify the veteran that there will be a charge for such service and that the VAMC will not be responsible for payment.

6.7.2. The Contractor shall not bill, charge, collect a deposit from, seek compensation, remuneration or reimbursement from or have any recourse against any person or entity other than VAMC for services provided pursuant to this contract.

7. VA INFORMATION CUSTODIAL LANGUAGE

7.1. Information made available to the Contractor or subcontractor by VAMC for the performance or administration of this contract or information developed by the Contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VAMC. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1).

7.2. VAMC information shall not be co-mingled, if possible, with any other data on the Contractors/subcontractor's information systems or media storage systems to ensure VAMC requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the Contractor must ensure that VAMC's information is returned to the VAMC or destroyed in accordance with VAMC's sanitization requirements. VAMC reserves the right to conduct onsite inspections of Contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are following VA directive requirements.

7.3. Prior to termination or completion of this contract, Contractor/subcontractor shall not destroy information received from VAMC or gathered/created by the Contractor while performing this contract without prior written approval by the VAMC. Any data destruction done on behalf of VAMC by a Contractor/subcontractor shall be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the Contractor that the data destruction requirements above have been met must be sent to the VAMC ACS within thirty (30) days of termination of the contract.

7.4. The Contractor/subcontractor shall receive, gather, store, back up, maintain, use, disclose and dispose of VAMC information only in compliance with the terms of the contract and applicable Federal and VAMC information confidentiality and security laws, regulations, and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations, and policies in this contract.

7.5. The Contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on Contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the Contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies shall be appropriately destroyed.

7.6. If VAMC determines that the Contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VAMC to withhold payment to the Contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12.

7.7. The Contractor/subcontractor shall store, transport, or transmit VAMC sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated.

7.8. The Contractor/subcontractor's firewall and Web services security controls, if applicable, shall meet or exceed VA's minimum requirements. VA Configuration Guidelines are available upon request.

7.9. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the Contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VAMC's prior written approval. The Contractor/subcontractor shall refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VAMC ACS for response.

7.10. Notwithstanding the provision above, the Contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus.