36C25718Q0222-001.docx

36C25718Q0222

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

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. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

36C25718Q0222 12-12-2017 Sandy Archuleta 254-899-6024 01-03-2018 4:00 pm CST

NCO17

Department of Veterans Affairs Network Contracting Office NCO17 2002 Scott Blvd Temple TX 76504 X X 561320 $27.5 Million X N/A X Department of Veterans Affairs South Texas Veterans Healthcare Sys Physical Medicine & Rehabilitation Serv 7400 Merton Minter Blvd San Antonio TX 78229 Department of Veterans Affairs Network Contracting Office NCO17 2002 Scott Blvd Temple TX 76504

Department of Veterans Affairs Financial Services Center PO Box 149971 Austin TX 78714-9971 PHYSICAL THERAPIST SERVICES (5 FTE) and PHYSICAL

THERAPIST ASSISTANT SERVICES (3 FTE)

Refer to the SCHEDULE OF SUPPLIES/SERVICES on pages 6 and 7 X

SANDRA K. ARCHULETA

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

B.1.1. CONTRACT ADMINISTRATION: All contract administration matters will be handled by the following individuals:

B.1.2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

B.1.3. INVOICES: Invoices shall be submitted in arrears:

B.1.4. 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.

B.1.5. ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.1.6. CONTRACTOR DUNS NUMBER: _______________________________

B.1.7. CONTRACTOR TAX ID NUMBER: _____________________________

B.1.8. SYSTEM FOR AWARD MANAGEMENT (SAM): Federal Acquisition Regulations require all Contractors conducting business with the Government to be registered in the System For Award Management (SAM) database, available at https://www.sam.gov. It is imperative that you complete this registration in order to be considered for contract award.

B.1.9. VENDOR INFORMATION PAGES (VIP): All SDVOSB firms must be verified in the VetBiz.gov Vendor Information Pages (VIP) database, available at www.VetBiz.gov, to be considered for contract award.

B.1.10. CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS) REGISTRATION: Federal Acquisition Regulations requires all Contractors awarded contracts estimated to exceed $100,000 be registered in the CPARS database at the following web address: www.cpars.gov.

B.1.11. BASIS FOR AWARD: Award will be made to the responsible offeror(s) providing the best overall value to the Government based on technical capabilities, past performance and price. It is the Government’s intent to award without discussions.

B.1.12. LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011)

This solicitation includes VAAR 852.219-10 VA Notice of Total Service- Disabled Veteran-Owned Small Business Set-Aside. Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by VA to assist in assessing the contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to contractor's offices where the contractor's business records or other proprietary data are retained and to review such business records regarding the contractor's compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

B.2 SCHEDULE OF SUPPLIES/SERVICES

Under the authority of Public Law 104-262 and 38 USC 1718, the Contractor shall provide Physical Therapist and Physical Therapy Assistant Services for to the Department of Veterans Affairs (VA), South Texas Veterans Health Care System (STVHCS), Physical Medicine & Rehabilitation Service. Services shall be provided in accordance with the terms and conditions specified herein. The Contractor shall provide five (5) Physical Therapists and Three (3) Physical Therapy Assistants. Services shall be provided at the South Texas Veterans Health Care System located at 7400 Merton Minter, San Antonio, TX 78229.

The contract effective period shall be for a one (1) year base period plus four (4) one-year optional renewal periods.

NPTE: The price quoted shall be an all-inclusive rate which includes all costs for housing and transportation.

BASE YEAR: February 1, 2018 through January 31, 2019

BASE YEAR TOTAL $__________

OPTION YEAR ONE: February 1, 2019 through January 31, 2020

OPTION YEAR ONE TOTAL $__________

OPTION YEAR TWO: February 1, 2020 through January 31, 2021

OPTION YEAR TWO TOTAL $__________

OPTION YEAR THREE: February 1, 2021 through January 31, 2022

OPTION YEAR THREE TPTAL $__________

OPTION YEAR FOUR: February 1, 2022 through January 31, 2023

OPTION YEAR FOUR TPTAL $__________

TOTAL ESTIMATED COST

BASE YEAR $__________

OPTION YEAR ONE $__________

OPTION YEAR TWO $__________

OPTION YEAR THREE $__________

OPTION YEAR FOUR $__________

AGGREGATE TOTAL (BASE + OPTION YEARS) $__________

B.3 DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

B.3.1. GENERAL

B.3.1.1 The Contractor shall provide Physical Therapist (5 FTE) and Physical Therapy Assistant (3 FTE) services for Physical Medicine & Rehabilitation Service at South Texas Veterans Health Care System (STVHCS). The services to be performed by contract therapists/assistant shall be under the direction of the Service Chief, PM&RS, STVHCS. Services shall be performed in accordance with established principles, practices and ethics of The Joint Commission (TJC), Commission on Accreditation of Rehabilitation Facilities (CARF) and in accordance with all VA and STVHCS policies and procedures and the Medical Staff Bylaws, Rules and Regulations. Reference policies, procedures, requirements, and other information of general applicability may be found at: http://www.va.gov/vhapublications .

B.3.1.1.1. DESCRIPTION OF WORK: Contractor Therapists/Assistants shall provide inpatient/outpatient Physical Therapy Services for rehabilitation of Veteran beneficiaries assigned to STVHCS, San Antonio, TX. Therapist will perform therapies in the following areas which include Rehabilitation, Polytrauma, Spinal Cord Unit, Community Living Center, and various inpatient wards at STVHCS. Contract therapists may be required to periodically rotate to other clinics assigned to STVHCS to provide therapy contract services as deemed necessary by the Chief of Physical Medicine & Rehabilitation Service or his/her designee.

B.3.1.1.2. PERFORMANCE MEASURES.

B.3.1.1.2.1. Outcome. The Contractor shall provide qualified personnel who will fulfill the requirement to provide Physical therapist/Physical therapy assistant services for rehabilitation at a standard enabling STVHCS to provide such services at a high level of quality. Providers shall comply with all requirements of STVHCS including the use of the Computerized Patient Record System (CPRS), VISTA and Microsoft Office programs and must complete all mandatory training required for clinicians providing Physical Therapy/Assistant Services in accordance with STVHCS and VA requirements. Providers may be assigned and required to complete additional Talent Management System (TMS) training or instructor led training as designated by the Chief of Physical Medicine & Rehabilitation Service.

B.3.1.1.2.2. Standards. Acceptable measures include: fill rate-95%; employee turnover rate-no more than one employee turnover per year, substantiated patient complaints-max 2 per year, per provider; no provider initiated cancellation of treatments except as medically required by patient, or provider illness or emergency leave. This will only be done if there are no other providers to see the patients scheduled. Other performance evaluation factors will be monitored that are not quantified by numerical measurements which include: contractor providing personnel exceeding the minimum qualification standards; patient customer service comments; provider and contractor relationship with hospital staff/government contracting personnel; compliance with hospital policy and procedures.

B.3.1.1.2.3. How Measured. Department/clinic supervisor shall monitor provider performance monthly by monitoring workload reports through VISTA, open encounters through CPRS, and accuracy and completion of patient documentation. At a minimum, workload should reflect 6 hours of patient care per day with 2 hours per day allowed for documentation and chart review. Open encounters and patient documentation thresholds are expected to be 100% daily. Any errors must be corrected within 24 hrs. The Department/ clinic supervisor shall also monitor valid patient complaints, patient advocate complaints, and Congressional correspondence.

B.3.2. PROVIDER QUALIFICATIONS

B.3.2.1. Contract Physical Therapist shall possess and maintain a valid unrestricted current license from any United States jurisdiction. The licenses and/or certificates must be renewed and maintained in a current status during the life of the contract.

B.3.2.2. Contract therapist and therapy assistants shall maintain a valid Basic Cardiac Life Support (BCLS) certification over the full life of the contract.

B.3.2.3. The therapist and therapy assistants shall have no record of disciplinary action that would currently exclude, suspend, or terminate him/her as an authorized Department of Veterans Affairs health care provider.

B.3.2.4. Contract Therapist and Therapy Assistants shall have graduated from a degree program in Physical Therapy from a college or university approved by the Commission on Accreditation in Physical Therapy Education (CAPTE).

B.3.2.5. Contract therapist and therapy assistants shall have one year of recent Physical therapy experience in the United States.

B.3.2.6. Contract therapist and therapy assistants shall be able to read, write, and speak English well enough to effectively communicate with all personnel eligible for medical care as required by 38 U.S.C. 7402(d) and 7407(d).

B.3.2.7. Contract therapist and therapy assistants shall be required to meet Continuing Medical Education (CME) requirements/Continuing Education Units (CEU) requirements as per state practice guidelines. The Government will not reimburse for these costs.

B.3.2.8. The contract Physical therapist (PT) shall have and demonstrate sufficient experience to be able to evaluate and treat disease and injuries to include, but not limited, to the following:

Musculoskeletal Neuromuscular Cognitive Cardiovascular/Pulmonary Integumentary

B. 3.2.9. The contract Physical Therapy Assistant will be able to follow and carry out treatment plans under the direction of the supervising Physical Therapist. The contract physical therapist assistants will possess and demonstrate sufficient experience to be able to perform miscellaneous tasks to include, but not limited to the following:

B.3.2.10. The contract therapist shall have and demonstrate sufficient experience to be able to perform rehabilitation procedures to include, but not limited to the following assessment and treatment of:

· Aerobic capacity/endurance

· Assistive and adaptive devices

· Circulation (Arterial, Venous, Lymphatic)

· Cranial and Peripheral Nerve Integrity

· Environmental, Home, and Work Barriers

· Ergonomics and Body Mechanics

· Gait, Locomotion, and Balance

· Integumentary Integrity and protective techniques

· Joint Integrity and Mobility

· Motor Function (Motor Control and Motor Learning)

· Muscle Performance (including strength, power and endurance)

· Neuromotor Development and Sensory Integration

· Orthotic, Protective, and Supportive Devices

· Pain

· Posture

· Prosthetic Requirements

· Reflex Integrity

· Self-Care and Home Management (including ADLs and IADLs)

· Sensory Integrity

· Ventilation and Respiration/Gas Exchange

· Perform the following therapeutic interventions:

· Therapeutic Exercise, Balance, locomotion and Gait Training

· Aquatic therapy and related modalities

· Functional Training in Self-care and Home Management

· Manual Therapy Techniques

· Prescription and/or application of assistive, adaptive, orthotic, protective , supportive, or prosthetic device including complex and basic wheel chair fittings

· Electrotherapeutic Modalities

· Physical agents and mechanical modalities

B.3.2.11. The contract therapist shall possess and demonstrate sufficient experience to be able to perform miscellaneous tasks to include, but not limited to the following:

· Obtain an adequate history, physical assessment, and plan in a timely and appropriate manner on each patient and development treatment plan

· Complete all required paperwork/computerized documentation

· Consult with providers appropriately

· Utilize paraprofessional staff as appropriate

· Respond to cardiopulmonary arrest as appropriate and arrange for appropriate backup from STVHCS staff

B.3.2.12. The contract therapist will possess and demonstrate facility and professional ethics at all times.

B.3.3. HOURS OF PERFORMANCE

B.3.3.1. Duty hours: Duty hours and patient scheduling templates are established by the Clinic Therapy Supervisor and approved by the Chief of Physical Medicine & Rehabilitation. Approximately 6 to 8 scheduled patients per day will be serviced by the contract therapist/assistant. Shifts may include 8 or 10 hour shifts and may include weekdays, weekends, and federal holidays. However, the contract therapist will not normally be scheduled for more than 40 hours per week unless by mutual agreement of the contract therapist and the Chief of Physical Medicine & Rehabilitation or his/her designee. Duty hours include 30 minutes (per 8 hour shift) non-compensable lunch break and two (2) fifteen minute non-compensable breaks. Meals may be taken in the hospital dining facility at the published staff rates. Typical duty hours fall between 7am and 5pm Monday through Friday.

B.3.3.2. On Call Hours. N/A

B.3.3.3. Scheduled absences shall be scheduled at least 30 calendar days in advance and mutually agreed upon by the Chief of Physical Medicine & Rehabilitation or his/her designee and Contractor.

B.3.3.4 Unscheduled absences shall be called into the Chief of Physical Medicine & Rehabilitation or his/her designee by the contract provider as early as possible, and at the latest, within the first two hours of each duty day they are unable to report to work.

B.3.3.5. NATIONAL HOLIDAYS: Contract therapist and therapy assistants will not normally be scheduled for duty on ten holidays observed by the Federal Government which are:

And any other day specifically declared by the President of the United States to be a National Holiday. Any requirement for contract therapists and therapy assistant to work during federal holidays will be coordinated in advance between the Contracting Officer and Contractor.

B.3.4. SPECIFIC TASKS

B.3.4.1. Contract Therapists shall:

B.3.4.1.1. Act within the standards of conduct and perform by the rules and regulations of the State Board in the state they are licensed and exercise professional judgment in the day-to-day performance of the contract.

B.3.4.1.2. Perform all duties in such a manner that they meet all The Joint Commission (TJC) standards and Commission on Accreditation of Rehabilitation Facilities (CARF).

B.3.4.1.3. The contract therapist shall maintain proper medical records on all patients treated under this contract to include appropriate Current Procedural Terminology/International Classification of Diseases (CPT/ICD) coding, and administrative closure of patient records. Contract therapist is mandated to fully and completely document all patient related information pertinent to the veterans care and in accordance to the STVHCS and VA standards and regulations into the CPRS of the individual veteran patient.

B.3.4.1.4. Upon referral from a physician, the Physical Therapist evaluates patients in complex cases to determine functional status, identifies problems and needs for individualized therapy treatment.

B.3.4.1.5. Educates patient families or health care professional in the rationale and techniques for the prescribed Physical therapy treatment program.

B.3.4.1.6. The Physical therapist designs treatment plans to be implemented personally by the therapist. Directly oversees the plan of care conducted by subordinate personnel. The therapist accepts full responsibility for patient care provided in an assigned area regardless of whether they are personally providing the care or have utilized subordinate staff members.

B.3.4.1.7. The Physical Therapy Assistant shall provide treatment under the direction of the supervising Physical Therapist. He/she will perform no evaluation as part of their care but will follow appropriate prescribed plans of care. The Physical Therapy Assistant will provide common forms of PT care including patient treatment, patient education, patient equipment training and family education all under the supervision of the Physical Therapist. As requested the PT assistant may participate in team staffing and report patient progress.

B.3.4.1.8. May provide professional guidance, counseling, and training in directing activities of any assigned student.

B.3.4.1.9. Interacts effectively with patients and health professionals to maintain a high quality standard of healthcare.

B.3.4.1.10. Performs all duties with minimal supervision or guidance.

B.3.4.1.11. The Physical therapist performs thorough patient examinations appropriate for the condition for which the patient has sought Physical therapy care or the purpose of provider referral. Examinations will encompass the full spectrum of Physical therapy related competency to adequately diagnose the cause of the patient’s complaints.

B.3.4.1.12. The Physical therapist plans and administers Physical therapy to medical and surgical patients with single and multiple disabilities such as fractures, sprains, hemiplegia, peripheral nerve injuries, and surgical reconstruction. Directly participates in all patient treatment and directly oversees any treatment applied by subordinate personnel.

B.3.4.1.13. Executes full range of treatment procedures using manual therapy, therapeutic exercises, manual muscle testing and the sparing application of modalities such as heat, ultrasound, and electric stimulation, and other modalities as needed.

B.3.4.1.14. Evaluates and documents each patient’s response to treatment in a timely manner as per department guidelines. Tracks treatment as appropriate and executes ongoing discharge planning. Revises treatment plans with patients fail to respond or show adverse reactions to treatment.

B.3.4.1.15. Makes timely and appropriate referrals to other VA providers when medically indicated.

B.3.5. PERSONNEL POLICY:

B.3.5.1. The parties agree that the Contractor and all Contractor’s personnel providing services under this contract shall not be considered VA employees for any purpose.

B.3.5.2. The Contractor shall be responsible for protecting Contractor’s personnel furnishing services under this contract. To carry out this responsibility, the Contractor shall provide the following for Contractor’s personnel providing services under this contract:

0. Worker’s compensation

0. Professional liability insurance

0. Health examinations

0. Income tax withholding, and

0. Social security payments

B.3.5.3. The Contractor shall maintain and provide current copies of the following records at the time of the contract award and annually on the anniversary date of the contract award to the VA Contracting Officer’s Representative (COR), or upon request, for each of the contractor employees working on the contract.

0. Proof of Licensure

0. Proof of Education

0. Credentials and qualifications for the job

0. Current job description

0. Current competence assessment checklist (assessment of knowledge, skills, abilities, and behaviors required to perform a job correctly and skillfully)

0. Current performance evaluations supporting ability of contractor employee to successfully perform the work required in this solicitation

0. Listing of relevant continuing education for the last two years

B.3.6. MONITORING PROCEDURES: Contract workload shall be monitored by VA Physical Medicine & Rehabilitation Service’s Contract Officer Representative using therapist time sheet and information from the VISTA Appointment Management Package and Rehabilitation computer packages, PCE (Patient Care Encounter) file, CPRS (Computerized Patient Record System) and PTF (Patient Treatment File). These systems will be used to verify procedures and clinic workload.

B.3.7. KEY PERSONNEL AND TEMPORARY EMERGENCY SUBSTITUTIONS:

B.3.7.1. During the first 90 days of contract performance, the Contractor shall make NO substitutions of key personnel unless the substitution is necessitated by illness, death or termination of employment. The Contractor will notify the Contracting Officer, in writing, within 5 calendar days 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 Contracting Officer at least 5 calendar days prior to making any permanent substitutions.

B.3.7.2. 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 Contracting Officer. Proposed substitutes shall have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 5 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.

B.3.7.3. For temporary substitutions where the key person will not be reporting to work for three (3) consecutive work days 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.

B.3.8. COMPLAINT RESOLUTION

B.3.8.1. Patient Complaints: The COR will notify the Contractor of any complaints within three days. The Contractor must response to the compliant within three (3) days of notification with a written response as to how the issue will be resolved. The CO will resolve complaints concerning Contractor relations with the Government employees or patients. The CO is final authority on validating complaints. In the event that he Contractor is involved and named in a validated patient complaint, the Government reserves the right to refuse acceptance of the services of such personnel. This does not preclude refusal in the event of incidents involving physical or verbal abuse.

B.3.8.2. 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. The CO and COR shall deal with issues raised concerning Contractor’s conduct. The final arbiter on questions of acceptability is the CO.

B.3.9. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (HIPAA): Contractor must adhere to the provisions of Public Law 104-191, Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the National Standards to Protect the Privacy and Security of Protected Health Information (PHI). As required by HIPAA, the Department of Health and Human Services (HHS) has promulgated rules governing the security and use and disclosure of protected health information by covered entities, including the Department of Veterans Affairs (VA). In accordance with HIPAA, the Contractor may be required to enter into a Business Associate Agreement (BAA) with VA. CRNA services qualifies as a medical service – therefore, no BAA is required.

B.3.10. CONFIDENTIALITY OF PATIENT RECORDS

B.3.10.1. The Contractor, as a VA provider, will assist in the provision of health care to patients seeking such care from or through VA. As such, the Contractor is considered as being part of the Department health care activity. Contractor is considered to be a VA provider for purposes of the Privacy Act, Title 5 U.S.C. 552a. Further, for the purpose of VA records access and patient confidentiality, Contractor is considered to be a VA contractor for the following provisions: Title 38 U.S.C. 5701, 5705, and 7362. Therefore, Contractor may have access, as would other appropriate components of VA, to patient medical records including patient treatment records pertaining to drug and alcohol abuse, HIV, and sickle cell anemia, to the extent necessary to perform its contractual responsibilities. However, like other components of the Department, and not withstanding any other provisions of the contract, the Contractor is restricted from making disclosures of VA records, or information contained in such records, to which it may have access, except to the extent that explicit disclosure authority from VA has been received. The Contractor is subject to the same penalties and liabilities for unauthorized disclosures of such records as VA.

B.3.10.2. The records referred to above shall be and remain the property of VA and shall not be removed or transferred from VA except in accordance with U.S.C.551a (Privacy Act), 38 U.S.C. 5701 (Confidentiality of claimants records), 5 U.S.C. 552 (FOIA), 38 U.S.C. 5705 (Confidentiality of Medical Quality Assurance Records) 38 U.S.C. 7332 (Confidentiality of certain medical records) and federal laws, rules and regulations. Subject to applicable federal confidentiality or privacy laws, the Contractor, or their designated representatives, and designated representatives of federal regulatory agencies having jurisdiction over Contractor, may have access to VA ‘s records, at VA’s place of business on request during normal business hours, to inspect and review and make copies of such records.

B.3.11. INVOICES: Invoices shall be dated and submitted monthly in arrears. Invoice shall depict the contract physician's name, dates and hours worked, and assigned purchase order number. Submit invoice in accordance with Section C – Contract Clauses paragraph C.4 VAAR 852.232-72 Electronic Submission of Payment Requests.

B.3.12. 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.

B.3.13. ID BADGES/PARKING/SMOKING POLICY:

B.3.13.1. BADGES - All Contractor personnel are required to wear identification (ID) badges during the entire time they are on the VA grounds.

B.3.13.2. PARKING - It is the responsibility of Contractor personnel to park only in designated parking areas. Parking information is available from the VA Security Service. The VA will not invalidate or make reimbursement for parking violations of the Contractor's personnel under any circumstances.

B.3.13.3. SMOKING - Smoking is not permitted within or around the VA Healthcare System facilities, except in designated areas.

B.4 IT CONTRACT SECURITY – VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY

B.4.1. GENERAL: Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks.

B.4.2. CONTRACTOR PERSONNEL SECURITY REQUIREMENTS:

B.4.2.1. All Contractor employees having or requiring access to the Department of Veterans Affairs' computer systems or to sensitive data (to include patient or beneficiary records), shall be the subject of a background investigation and must receive a favorable adjudication from the VA Office of Security and Law Enforcement prior to contract performance. This requirement is applicable to all subcontractor personnel requiring the same access.

B.4.2.2. The Contracting Officer will provide the appropriate Background Investigation information to the Contractor for completion. Required background investigation initiation documentation must be completed and returned to the Contracting Office within five (5) calendar days after receipt.

B.4.2.3. Contractor staff shall not begin performance until notification is received from the Contracting Officer that the Security Package has been received and is considered a complete package. It is not necessary that the full Investigation be complete prior to commencement of work. However, if the investigation is not completed prior to the start date of the contract, the Contractor shall be responsible for the actions of those individuals they provide to perform work for VA.

B.4.2.3.1. Position Sensitivity - The position sensitivity has been designated as Low Risk.

B.4.2.3.2. Background Investigation - The level of background investigation commensurate with the level of access is National Agency Check with Written Inquiries (NACI).

B.4.2.3.3. Contractor Responsibilities –

B.4.2.3.3.1. The Contractor shall bear the expense of obtaining background investigations. The VA Is responsible for payment to the Security Investigations Center; however, upon final payment, the VA will submit a Bill of Collections to the Contractor. The Contractor is responsible for reimbursement to the VA within 30 calendar days. The current cost for a low risk background investigation is $231 per case.

B.4.2.3.3.2. Contractor, when notified of an unfavorable determination by the Government, shall withdraw the employee from consideration from working under the contract.

B.4.2.3.3.3. Failure to comply with the Contractor personnel security requirements may result in termination of the contract for default.

B.4.2.3.4. Fingerprinting Requirements - Contractor/subcontractor employees will be required to have fingerprints taken as part of the background Investigation process. The preferred method of obtaining fingerprints is to have them taken electronically at the Human Resources Service at a VA facility. If fingerprints cannot be obtained at a VA facility the Contracting Officer will provide the Contractor with a Form FD258 fingerprint chart, which can be taken to any local police station for fingerprints. However, local entities may assess a fee for this service.

B.4.3. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS:

B.4.3.1. A Contractor/subcontractor shall be granted access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order.

B.4.3.2. All Contractors/subcontractors working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for Contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.

B.4.3.3. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the Contractor or subcontractor's employ. The Contracting Officer must also be notified immediately by the Contractor or subcontractor prior to an unfriendly termination.

B.4.4. VA INFORMATION CUSTODIAL LANGUAGE:

B.4.4.1. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information development 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 VA. 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).

B.4.4.2. Prior to termination or completion of this contract, Contractor/subcontractor must not destroy information received from VA, or gathered/created by the Contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a Contractor/subcontractor must 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 VA Contracting Officer within 30 days of termination or completion of the contract.

B.4.4.3. The Contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA 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 into this contract.

B.4.4.4. The Contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement.

B.4.4.5. If VA determines that the Contractor has violated any of the information confidentiality, privacy, and security provision of the contract, it shall be sufficient grounds for VA 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.

B.4.4.6. The Contractor/subcontractor must store, transport, or transmit VA sensitive information In an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated.

B.4.4.7. 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 VA's prior written approval. The Contractor/ subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA Contracting Officer for response.

B.4.5. SECURITY INCIDENT INVESTIGATION:

B.4.5.1. The term 'security incident' means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedure. The Contractor/subcontractor shall immediately notify the CPTR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy Incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the Contractor/subcontractor has access.

B.4.5.2. To the extent known by the Contractor/subcontractor, the Contractor/subcontractor's notice to VA shall identify the Information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the Contractor/subcontractor considers relevant.

B.4.5.3. With respect to unsecured protected health information, the Contractor/subcontractor is deemed to have discovered a data breach when the Contractor/subcontractor knew or should have known of a breach of such information. Upon discovery, the Contractor/ subcontractor must simultaneously notify the CPTR, ISO and Privacy Officer.

B.4.5.4. In instances of theft or break-in or other criminal activity, the Contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA 010 and Security and Law Enforcement. The Contractor, its employees, and its subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with the incident. The Contractor/subcontractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident.

B.4.6. LIQUIDATED DAMAGES FOR DATA BREACH

B.4.6.1. Consistent with the requirements of 38 U.S.C. §5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract.

B.4.6.2. The contractor/subcontractor shall provide notice to VA of a “security incident” as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination.

B.4.6.3. Each risk analysis shall address all relevant information concerning the data breach, including the following:

B.4.6.3.1. Nature of the event (loss, theft, unauthorized access);

B.4.6.3.2 Description of the event, including:

B.4.6.3.2.1. date of occurrence;

B.4.6.3.2.2. data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code;

B.4.6.3.2.3. Number of individuals affected or potentially affected;

B.4.6.3.2.4. Names of individuals or groups affected or potentially affected;

B.4.6.3.2.5. Ease of logical data access to the lost, stolen or improperly accessed data in light of the degree of protection for the data, e.g., unencrypted, plain text;

B.4.6.3.2.6. Amount of time the data has been out of VA control;

B.4.6.3.2.7. The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons);

B.4.6.3.2.8. Known misuses of data containing sensitive personal information, if any;

B.4.6.3.2.9. Assessment of the potential harm to the affected individuals;

B.4.6.3.2.10. Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; and B.4.6.3.2.11. Whether credit protection services may assist record subjects in avoiding or mitigating the results of identity theft based on the sensitive personal information that may have been compromised.

B.4.6.4. Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the VA liquidated damages in the amount of $37.50 per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following:

B.4.6.4.1. Notification;

B.4.6.4.2. One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports;

B.4.6.4.3. Data breach analysis;

B.4.6.4.4. Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution;

B.4.6.4.5. One year of identity theft insurance with $20,000.00 coverage at $0 deductible; and B.4.6.4.6. Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs.

B.4.7. SECURITY CONTOLS COMPLIANCE TESTING: On a periodic basis, VA, including the Office of Inspector General, reserves the right to evaluate any or all of the security controls and privacy practices implemented by the Contractor under the clauses contained within the contract. With 10 working-day's notice, at the request of the Government, the Contractor must fully cooperate and assist in a Government-sponsored security controls assessment at each location wherein VA information is processed or stored, or information systems are developed, operated, maintained, or used on behalf of VA, including those initiated by the Office of Inspector General. The Government may conduct a security control assessment on shorter notice (to include unannounced assessments) as determined by VA in the event of a security incident or at any other time.

B.4.8. TRAINING:

B.4.8.1. All Contractor employees and subcontractor employees requiring access to VA Information and VA information systems shall complete the following before being granted access to VA…