36C25721Q0502.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. DUNS: DUNS+4:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT 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 34

36C25721Q0502 03-09-2021

Lisa A Edwards 972-708-0835 03-24-2021 4:00 pm CDT

36C257 Contracting Officer Department of Veterans Affairs Network Contracting Office NCO17 124 E. Hwy 67, Unit 100 Duncanville, TX 75137

X

561320

$30 Million

N/A

X

36C674

Department of Veterans Affairs CTVHCS Veterans Health Care System 1901 Veterans Memorial Dr

Temple TX 76504

Department of Veterans Affairs Network Contracting Office NCO17 124 E. Hwy 67, Unit 100 Duncanville, TX 75137

Financial Services Center PO Box 149971 Austin TX 78714-9971

512-460-5049

See CONTINUATION Page

The Central Texas Veterans Health Care Center (CTVHCS) Pathology & Lab Medicine Service has a need for temporary staffing; for 1 FTE Locum Pathologist.

See SCHEDULE on pg. 4 & PERFORMANCE WORK STATEMENT ON pg. 5

All SDVOSB offerors must be verified in VIP database at the time of submission of offers and at the time of award.

See CONTINUATION Page

X X

X 1

Carlos Leon Contracting Officer

36C25721Q0502

Table of Contents

SECTION A

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

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2. SCHEDULE OF SERVICES

B.3 PERFORMANCE WORK STATEMENT………………………………………………….5

SECTION C - CONTRACT CLAUSES

C.1 FSS RFQ INTRODUCTORY LANGUAGE

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ... 24

C.4 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.5 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 SUBMISSION OF QUOTE (FAR 52.212-1 INSTRUCTIONS TO OFFERORS –

COMMERCIAL ITEMS):

E.2 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

E.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

E.4 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C257 Carlos Leon

Contracting Officer

Department of Veterans Affairs

Network Contracting Office NCO17

124 E. Hwy 67, Unit 100

Duncanville, TX 75137

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

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

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Monthly

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.

Financial Services Center

PO Box 149971

Austin TX 78714-9971

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

AMENDMENT NO DATE

B.2. SCHEDULE OF SERVICES

Under the authority of 38 USC 1703, the Contractor shall provide Clinical and Anatomical Pathologist Services, Locum Pathologists, for Veteran beneficiaries of the Department of Veterans Affairs (VA), Central Texas Veterans Health Care System (CTVHCS) in accordance with terms and conditions of this contract, as well as with the Contractor’s FSS Schedule 621-I contract. Services shall be performed at CTVHCS 1901 Veterans Memorial Drive, Temple, TX 76504.

The contract effective period shall be for a one-year base period plus 2 one-year option periods.

Actual dates may change based on the date of contract award due to credentialing and background investigation processes.

Base Period - May 1, 2021 through April 30, 2022

Item# Description/Services Estimated Qty. Unit Unit Cost Total

Pathologist (1 FTE) 40 hours/week

Pathologist services as identified must be accomplished on-site at CTVHCS Temple.

2080 HR $__________ $__________

Pathologist On-Call Services

Pathologist services as identified must be accomplished on-site at CTVHCS Temple.

12 WK

Pathologist Call-Back Services

Pathologist services as identified must be accomplished on-site at CTVHCS Temple.

12 WK

Option Year I - May 1, 2022 through April 30, 2023

Item# Description/Services Estimated Qty. Unit Unit Cost Total

Pathologist (1 FTE) 40 hours/week

Pathologist services as identified must be accomplished on-site at CTVHCS Temple.

2080 HR $__________ $__________

0002 Pathologist On-Call Services 12 WK

Pathologist services as identified must be accomplished on-site at CTVHCS Temple.

Pathologist Call-Back Services

Pathologist services as identified must be accomplished on-site at CTVHCS Temple.

12 WK

Option Year II - May 1, 2023 through April 30, 2024

Item# Description/Services Estimated Qty. Unit Unit Cost Total

Pathologist (1 FTE) 40 hours/week

Pathologist services as identified must be accomplished on-site at CTVHCS Temple.

2080 HR $__________ $__________

Pathologist On-Call Services

Pathologist services as identified must be accomplished on-site at CTVHCS Temple.

12 WK

Pathologist Call-Back Services

Pathologist services as identified must be accomplished on-site at CTVHCS Temple.

12 WK

B.3 PERFORMANCE WORK STATEMENT

1. GENERAL:

1.1. Services Provided: The Contractor shall provide Board Certified Clinical/Anatomical Pathologist provider Services at the Central Texas Veterans Healthcare System - Olin E.

Teague VA Medical Center, in accordance with the specifications and qualifications per this performance work statement to beneficiaries of the Department of Veterans Affairs (VA) and the

CTVHCS.

1.2. Place of Performance - Contractor shall furnish services at the CTVHCS, 1901 Veterans Memorial Drive, Temple Texas 76504.

1.3. Authority: Public Law 104-262 and Title 38 USC 8153, Health Care Resources (HCR) sharing Authority

1.4. Policy/Handbooks:

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

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

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

1.4.4. VHA Handbook 1100.19: Credentialing and Privileging

https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=2910

1.4.5. VHA Handbook 1907.01 Health Information Management and Health Records:

https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=3088

1.4.6. Privacy Act of 1974 (5 U.S.C. 552a) as amended

http://www.justice.gov/oip/foia_updates/Vol_XVII_4/page2.htm https://www.va.gov/vapubs/viewPublication.asp?Pub_ID=969&FType=2 https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=2135 https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=1364 https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=2910 https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=3088 http://www.justice.gov/oip/foia_updates/Vol_XVII_4/page2.htm

1.4.7. VHA Directive 1192: Seasonal Influenza Prevention Program https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=5472

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

1.5.1. ABPATH: American Board of Pathology http://www.abpath.org/index.php

1.5.2. ACGME: Accreditation Council for Graduate Medical Education

1.5.3. ACLS: Advanced Cardiac Life Support

1.5.4. AOA: American Osteopathic Association

1.5.5. AOCP: American Osteopathic College of Pathologists www.aocpath.org

1.5.6. AOD: Admitting Officer of the Day

1.5.7. BLS: Basic Life Support

1.5.8. CAP: College of American Pathology

1.5.9. CDC: Centers for Disease Control and Prevention

1.5.10. CDR: Contract Discrepancy Report

1.5.11. CEU: Certified Education Unit

1.5.12. CLIA: Clinical Laboratory Improvement Act

1.5.13. CME: Continuing Medical Education

1.5.14. CMS: Centers for Medicare and Medicaid Services

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

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

1.5.17. COS: Chief of Staff

1.5.18. CPARS: Contractor Performance Assessment Reporting System

1.5.19. Credentialing: Credentialing is the systematic process of screening and evaluating qualification and other credentials, including licensure, required education, relevant training and experience and current competence and health status.

1.5.20. DEA: Drug Enforcement Agency

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

1.5.22. FSMB: Federation of State Medical Boards

1.5.23. Full Time Equivalent (FTE): VA’s definition for full time- working the equivalent of 80 hours every two weeks, 2080 hours per year. In calculating FTE, any hours not worked on national holidays shall not be included.

1.5.24. HHS: Department of Health and Human Services

1.5.25. HIPAA: Health Insurance Portability and Accountability Act

1.5.26. HR: Human Resources

1.5.27. ISO: Information Security Officer

1.5.28. MOD: Medical Officer of the Day

https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=5472 http://www.a/

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

1.5.30. NPPES: National Plan and Provider Enumeration System

1.5.31. PLMS: Pathology and Laboratory Medicine Service

1.5.32. PPD: Purified Protein Derivative

1.5.33. PWS: Performance Work Statement

1.5.34. Privileging (Clinical Privileging): Privileging is the process by which a practitioner, licensed for independent practice; e.g., without supervision, direction, required sponsor, preceptor, mandatory collaboration, etc.; is permitted by law and the facility to practice independently, to provide specific medical or other patient care services within the scope of the individual’s license, based upon the individual’s clinical competence as determined by peer references, professional experience, health status, education, training and licensure. Clinical privileges must be facility-specific and provider-specific.

1.5.35. QA/QI: Quality Assurance/Quality Improvement

1.5.36. QM/PI: Quality Management/Performance Improvement

1.5.37. QASP: Quality Assurance Surveillance Plan

1.5.38. Veterans’ Health Administration (VHA): The central office for administration of the VA medical centers through throughout the United States. The VHA is located in Washington, D.C.

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

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

1.5.41. Veterans Affairs Medical Center (VAMC): Unless identified with the name of a different VA medical Center, for purposes of this contract, this term shall mean the Central Texas Veterans Healthcare System.

2. QUALIFICATIONS:

2.1. Staff/Facility

2.1.1. Education: Must hold a Doctor of Medicine or Doctor of Osteopathy degree

2.1.2. Minimal Formal Training: Successful completion of an ACGME or AOA accredited post-graduate training program in anatomic and clinical pathology (4 years).

2.1.3. License – The Contractor’s physician assigned by the Contractor to perform the services covered by this contract shall have a current, valid, unrestricted license to practice pathology medicine in any State, Territory, or Commonwealth of the United States or the District of Columbia) when services are performed onsite on VA property.

2.1.3.1. Contractor’s physician 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.

2.1.4. Board Certification - All contract Pathology provider shall be Board Certified /Board Eligible by the American Board of Pathology or the American Osteopathic Board of Pathology, in Clinical and Anatomical Pathology http://www.abpath.org, , www.aocpath.org .

2.1.4.1. All continuing education courses required for maintaining certification must be kept up to date

2.1.4.2. Documentation verifying current certification shall be provided by the Contractor to the VA COR on an annual basis for each year of contract performance.

http://www.abpath.org/

2.1.5. Credentialing and Privileging –Credentialing and privileging is to be done in accordance with the provisions of VHA Handbook 1100.19 referenced above. The Contractor is responsible to ensure that proposed provider possesses the requisite credentials enabling the granting of privileges. No services shall be provided by any contract provider prior to obtaining approval by the CTVHCS Professional Standards Board, Medical Executive Board and Medical Center Director.

2.1.5.1. If a Contractor’s physician is not credentialed and privileged or has credentials/privileges suspended or revoked, the Contractor shall furnish an acceptable substitute without any additional cost to the government within 14 days.

2.1.6. Experience – Contractor physician should have documentation of full-time pathology services for at least 12 of the prior 18 months or demonstrate successful previous or current participation in a hospital-affiliated formalized residency or special clinical fellowship.

2.1.7. Technical Proficiency - Contractor’s physician 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.

2.1.7.1. Contractor shall provide documents upon request of the CO/COR to verify current and ongoing competency, skills, certification and/or licensure related to the provision of care, treatment and/or services performed.

2.1.7.2. Contractor’s physicians shall have knowledge of professional care theories, principles, practices, and procedures to perform assignments of clinical and/or anatomical pathology.

2.1.7.3. Contractor shall provide verifiable evidence of all educational and training experiences including any gaps in educational history for Contractor’s physician.

2.1.8. 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.

2.1.8.1. Contractor’s physician registered or certified by national/medical associations shall continue to meet the minimum standards for CME to remain current.

2.1.8.2. Contractor shall report CME hours to the credential’s office for tracking. These documents are required for both privileging and re-privileging.

2.1.8.3. Failure to provide shall result in loss of privileges for contract physician.

2.1.9. Training (ACLS, BLS, EHR and VA MANDATORY): Contractor shall meet all VA educational requirements and mandatory course requirements defined herein; all training must be completed by the contractor’s physician as required by the VA. Other training may become required. VA will communicate any changes to the training requirement to the contractor.

MANDATORY TRAINING FREQUENCY PROVIDED TO / WHEN

ACLS / BLS Annually COR / with selection package

VA Privacy and Information Security Awareness and Rules of Behavior

Annually COR / with selection package

VHA Privacy and HIPAA Focused Training Annually COR / with selection package

Patient Safety, Rights, and Abuse Annually Service Chief/AO/COR – as assigned

Government Ethics Annually Service Chief/AO/COR – as assigned

VA Core Values Training (ICARE recommitment) Annually Service Chief/AO/COR – as assigned

Prevention of Workplace Harassment/No Fear Act Annually Service Chief/AO/COR – as assigned

Prevention/Management of Disruptive Behavior/Violence Prevention – Level 1

Annually Service Chief/AO/COR – as assigned

Suicide Prevention: Suicide Risk Management Training for Clinicians

Annually Service Chief/AO/COR – as assigned

Infection Control and Blood Borne Pathogens Annually Service Chief/AO/COR – as assigned

Blood Administration: Complications Annually Service Chief/AO/COR – as assigned

Moderate Sedation In-Service Training Annually Service Chief/AO/COR – as assigned

Active Threat Training Annually Service Chief/AO/COR – as assigned

Electronic Health Record training Annually Service Chief/AO/COR – as assigned

VISTA Imaging training Annually Service Chief/AO/COR – as assigned

CAP PAP Smear Proficiency testing Annually Service Chief/AO/COR – as assigned

2.1.10. Standard Personnel Testing : Contractor shall provide proof of the following tests for physicians upon request to the COR and Contracting Officer. Tests shall be current within the past year.

2.1.10.1. MEASLES, MUMPS, & RUBELLA TESTING: Contractors shall provide proof of immunity for all Contractor physicians {This is applicable to all health care workers}.

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

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

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

2.1.10.5. OSHA REGULATION CONCERNING OCCUPATIONAL EXPOSURE TO

BLOODBORNE PATHOGENS: Contractor shall provide evidence of completing and passing generic self-study blood-borne pathogen training for all Contractor’s physician {This is applicable to all health care workers}; provide their own Hepatitis B vaccination series and hepatitis B surface antigen test results following the hepatitis B vaccination series; maintain an exposure determination and control plan; maintain required records; and ensure that proper follow-up evaluation is provided following an exposure incident.

2.1.10.6. The VAMC shall notify the Contractor of any significant communicable disease exposures as appropriate. Contractor shall adhere to current CDC/HICPAC Guideline for Infection Control in health care personnel (as published in American Journal for Infection Control- AJIC 1998;

26:289-354 http://www.cdc.gov/hicpac/pdf/InfectControl98.pdf) for disease control. Contractor shall provide follow up documentation of clearance to return to the workplace prior to their return.

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

The Contractor shall have or obtain appropriate NPI and if pertinent the Taxonomy Code confirmation notice issued by the Centers for Medicare and Medicaid Services (CMS) National Plan and Provider Enumeration System (NPPES) be provided to the Contracting Officer with the proposal.

2.1.12. Citizenship related Requirements:

http://www.cdc.gov/hicpac/pdf/InfectControl98.pdf

2.1.12.1. The Contractor certifies that the Contractor shall comply with any and all legal provisions contained in the Immigration and Nationality Act of 1952, As Amended; its related laws and regulations that are enforced by Homeland Security, Immigration and Customs Enforcement and the U.S Department of Labor as these may relate to non-immigrant foreign nationals working under contract or subcontract for the Contractor while providing services to Department of Veterans Affairs patient referrals;

2.1.12.2. While performing services for the Department of Veterans Affairs, the Contractor shall not knowingly employ, contract or subcontract with an illegal alien; foreign national non-immigrant who is in violation their status, as a result of their failure to maintain or comply with the terms and conditions of their admission into the United States.

Additionally, the Contractor is required to comply with all “E-Verify” requirements consistent with “Executive Order 12989” and any related pertinent Amendments, as well as applicable Federal Acquisition Regulations.

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

2.1.12.4. 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.

2.1.12.5. The Contractor agrees to obtain a similar certification from its subcontractors. The certification shall be made as part of the offerors response to the RFP using the subject attachment in Section D of the solicitation document.

2.1.13. Annual Office of Inspector General (OIG) Statement: In accordance with HIPAA and the Balanced Budget Act (BBA) of 1977, the Department of Health and Human Services (HHS) Office of Inspector General (OIG) has established a list of parties and entities excluded from Federal health care programs. Specifically, the listed parties and entities may not receive Federal Health Care program payments due to fraud and/or abuse of the Medicare and Medicaid programs.

2.1.13.1. Therefore, Contractor shall review the HHS OIG List of Excluded Individuals/Entities on the HHS OIG web site at http://oig.hhs.gov/exclusions/index.asp to ensure that the proposed Contractor’s physician are not listed. Contractor should note that any excluded individual or entity that submits a claim for reimbursement to a Federal health care program, or causes such a claim to be submitted, may be subject to a Civil Monetary Penalty (CMP) for each item or service furnished during a period that the person was excluded and may also be subject to treble damages for the amount claimed for each item or service. CMP’s may also be imposed against the Contractor that employ or enter into contracts with excluded individuals to provide items or services to Federal program beneficiaries.

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

2.2. Clinical/Professional Performance: The qualifications of Contractor personnel are subject to review by VA Medical Center COS, P&LMS Service Chief, or his/her clinical designee and approval by the Medical Center Director as provided in VHA Handbook 1100.19. Clinical/Professional performance monitoring and review of all clinical personnel covered by this contract for quality purposes will be provided by the VAMC COS and/or the Chief of the Service or his designee. A clinical COR may be appointed, however, http://oig.hhs.gov/exclusions/index.asp only the CO is authorized to consider any contract modification request and/or make changes to the contract during the administration of the resultant contract.

2.3. Non- Personal Healthcare Services: The parties agree that the Contractor and all Contractor’s physician shall not be considered VA employees for any purpose.

2.4. Indemnification: The Contractor shall be liable for, and shall indemnify and hold harmless the Government against, all actions or claims for loss of or damage to property or the injury or death of persons, arising out of or resulting from the fault, negligence, or act or omission of the Contractor, its agents, or employees.

2.5. Prohibition against Self-Referral: Contractor’s physicians are prohibited from referring VA patients to contractor’s or their own practice(s).

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

2.7. Inherent Government Functions: Contractor and Contractor’s physician shall not perform inherently governmental functions. This includes, but is not limited to, determination of agency policy, determination of Federal program priorities for budget requests, direction and control of government employees (outside a clinical context), selection or non-selection of individuals for Federal Government employment including the interviewing of individuals for employment, approval of position descriptions and performance standards for Federal employees, approving any contractual documents, approval of Federal licensing actions and inspections, and/or determination of budget policy, guidance, and strategy.

2.8. No Employee status: The Contractor shall be responsible for protecting Contractor’s physician furnishing services. To carry out this responsibility, the Contractor shall provide or certify that the following is provided for all their staff providing services under the resultant contract:

2.8.1.1. Workers’ compensation

2.8.1.2. Professional liability insurance

2.8.1.3. Health examinations

2.8.1.4. Income tax withholding, and

2.8.1.5. Social security payments.

2.9. Tort Liability: The Federal Tort Claims Act does not cover Contractor or contract provider(s). When a Contractor or contract provider (s)has been identified as a provider in a tort claim, the Contractor shall be responsible for notifying their legal counsel and/or insurance carrier. Any settlement or judgment arising from a Contractor’s (or contract physician) action or non-action shall be the responsibility of the Contractor and/or insurance carrier.

2.10. Key Personnel:

2.10.1. The VA Full Time Equivalency (FTE) for the services required is 1. FTE is defined by VA as a minimum of 80 hours every two weeks and does not include holidays.

2.10.2. The minimum number of Board Certified /Board Eligible Pathologist providers required to be on site daily is 1.

2.10.3. Personnel Substitutions: During the first ninety (90) calendar days of performance, the Contractor shall make NO substitutions of key personnel unless the substitution is necessitated by illness, death or termination of employment. The Contractor shall notify the CO, in writing, within 15 calendar day(s) after the occurrence of any of these events and provide the information required below. After

90 days, the Contractor shall submit the information required below to the CO at least 15 calendar days prior to making any permanent substitutions.

2.10.3.1. The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the CO. Proposed substitutes shall have comparable qualifications to those of the persons being replaced. The CO will notify the Contractor within 15 calendar days after receipt of all required information of the decision on the proposed substitutes. The contract will be modified to reflect any approved changes of key personnel.

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

3. VA HOURS OF OPERATION/SCHEDULING:

3.1. VA Business Hours: 8:00 am to 4:30 pm with a 30-minute lunch break.

3.1.1. Contractor’s physician shall be available and present in laboratory during normal CTVHCS PLMS hours, and may be revised, as deemed appropriate for patient care by the PLMS Service Chief.

3.1.2. Contractor’s physician will be expected to take call on a rotating basis for non-administrative hours, to include weekends and holidays. Call will not exceed one week out of a four-week period.

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

New Year’s Day President’s Day Martin Luther King’s Birthday

Memorial Day Independence Day Labor Day

Columbus Day Veterans Day Thanksgiving

Christmas Any day specifically declared to be a national holiday.

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

4. CONTRACTORS RESPONSIBILITIES:

4.1.1. The Contractor shall provide qualified candidates upon contract award; and within 14 days if the Contractor’s Physician leaves the Contractor’s employment or is unable to continue performance.

4.1.2. Contractor shall provide board certified Clinical/Anatomical Pathologist per the American Board of Pathology

4.1.3. Upon selection by the VA of a candidate under this contract, the Contractor shall submit/facilitate submission of the documents which are necessary for completion of a background investigation.

4.1.4. Contractor shall provide a list of all relevant education and training. Additionally, the contractor is required to furnish and maintain current documentation for all persons performing under the contract.

4.1.5. Contractor shall provide Contract physician that meet all qualifications outlined in the PWS.

4.1.6. Contractor shall provide evidence of competency for contract physicians.

4.1.7. The Contractor shall maintain during the term of this contract liability insurance issued by a responsible insurance carrier of not less than $2,000,000 per specialty per occurrence.

The Contractor shall furnish evidence of its insurability concerning this medical liability insurance requirement prior to commencement of services under the awarded contract

4.1.8. Contingency Plan: Because continuity of care is an essential part of CTVHCS’s medical services, The Contractor shall have a contingency plan in place to be utilized if the Contractor’s Pathologist leaves Contractor’s employment or is unable to continue performance in accordance with the terms and conditions of the resulting contract. The Contractor shall provide the contingency plan within 10 days after award.

4.1.9. Invoices shall be dated and submitted monthly in arrears. Invoice shall depict the contract worker’s name; dates of service and hours worked, and the assigned purchase order number.

4.1.10. Registration with Contractor Performance Assessment Reporting System

4.1.10.1. As prescribed in Federal Acquisition Regulation (FAR) Part 42.15, the Department of Veterans Affairs (VA) evaluates Contractor past performance on all contracts that exceed the Simplified Acquisition Threshold 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 VA uses an online database, CPARS, which is maintained by the Naval Sea 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 federal awardee performance and integrity information system (FAPIIS). FAPIIS is a web-enabled application accessed via CPARS for Contractor responsibility determination information.

4.1.10.2. Each Contractor whose contract award is estimated to exceed the Simplified Acquisition Threshold 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.

4.1.10.3. For contracts with a period of one year or less, the contracting officer will perform a single evaluation when the contract is complete. For contracts exceeding one year, the contracting officer 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.

4.1.10.4. 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. CONTRACT PHYSICIAN RESPONSIBILITIES:

5.1. Standards of Care: The contract physician’ care shall cover the range of Clinical/Anatomical 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 exceeding currently recognized TJC, VA and national standards as established by:

5.1.1. American Board of Pathology http://www.abpath.org/index.php

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

5.1.3. The standards of the College of American Pathologists http://www.cap.org

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

5.1.5. The requirements contained in this PWS

http://www.cpars.gov/ http://www.a/ http://www.jointcommission.org/standards_information/standards.aspx http://www.cap.org/ http://www.hpoe.org/resources?show=100&type=8

5.2. Resident Supervision and Teaching: According to the guidelines dictated by the Residency Review Committee of ACGME, the Contractor’s physician performing the services may be responsible for residents. Contractor’s physician shall be responsible for:

5.2.1. Academic environment: Provide for an academic environment conducive to the training and professional development for residents rotating through Pathology and Laboratory Medicine Service.

5.2.2. Resident patient care documentation: Contract provider (s) may be responsible for complying with the Residency review documentation and insuring that all notes and encounters are completed and shall appropriately document medical records in accordance with VA standards, equivalent to TJC compliance guidelines, standard commercial practice and guidelines established by VAMC CTVHCS. The Contractor shall also perform any administrative duties relative to documentation of resident training, as required and directed by the VA COS or designated representative.

5.2.3. Clinical Direction and Oversight: Contractor’s physician shall provide clinical direction to and oversight of residents/fellows consistent with current accreditation guidelines, clinical research, protocol development, data management of protocols, quality assurance conferences and meetings, and affiliate /VA staff meetings. Ensure on-site resident supervision in accordance with the national VHA Directive 1400.01: Supervision of Physician, Dental, Optometry, Chiropractic, and Podiatry Residents, dated November 07, 2019.

https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=8579

5.3. Scope of Care: Contractor’s physician (as appropriate and within scope of practice/privileging) shall be responsible for providing Clinical and Anatomical Pathology services in a full-service laboratory, including, but not limited to :

5.3.1. Anatomic Pathology: Includes, but is not limited to:

5.3.1.1. Aspiration/biopsy

5.3.1.2. Interpretation and performance of frozen sections

5.3.1.3. Evaluation and interpretation of inpatient and outpatient surgical specimens – this encompasses the ability to evaluate surgical pathology specimens, sample specimens adequately and diagnose a complete spectrum of inflammatory, developmental and neoplastic disorders after microscopic evaluation.

5.3.1.4. Evaluation of hematopathology specimens

5.3.1.5. Utilization of Immunohistochemical stains

5.3.2. Clinical Pathology: Includes, but is not limited to the interpretation and evaluation of special laboratory tests in:

5.3.2.1. Microbiology/Immunology

5.3.2.2. Hematology – includes peripheral smear evaluation

5.3.2.3. Immunohematology

5.3.2.4. Blood Banking and Serology

5.3.2.5. Clinical chemistry- includes SPEP and UPEP evaluation

5.3.2.6. Consultation as needed by staff physicians and Medical Technologists.

5.3.3. Cytopathology: Includes, but is not limited to diagnosis of human disease by means of the study of cells (from all systems and areas of the body) obtained from body secretions and fluids, by scraping, washing, or sponging the surface of a lesion, or by the aspiration of a tumor mass or body organ with a fine needle, including interpretation of Papanicolaou smears of cells from the female reproductive system. Immunohistochemical stains and/or molecular studies may be utilized where appropriate.

5.3.4. Dermatopathology: Diagnosis and monitoring of skin disease including infectious, Immunologic degenerative and neoplastic diseases including but not limited to examination and interpretation of specially prepared tissue sections, cellular scrapings, and smears of skin lesion by means of light https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=8579 microscopy, electron microscopy, and fluorescent microscopy. Immunohistochemical stains may be utilized where appropriate.

5.3.5. Neuropathology: Diagnose diseases of the central and peripheral nervous system and skeletal muscles whether degenerative, infectious, metabolic, immunologic, neoplastic, vascular, or physical in nature by use of scientific studies of the tissues, cells, and body fluids. Immunohistochemical stains may be utilized where appropriate.

5.3.6. Provision of Care: may see patients for Pathology problems including perform consultations and making electronic progress notes.

5.3.6.1. Functioning as a Physician, the provider may request as indicated, consultations from specialists and sub-specialists on the CTVHCS staff.

5.3.6.2. All referrals for non-VA-administered care will be pre-authorized by the Chief, PLMS (or designee) during regular office hours, or by the Chief of Staff (or designee) during non-administrative hours, prior to initiating patient scheduling or transfer. VA shall not be financially responsible for improperly authorized or unauthorized care provided to patients.

5.3.7. Quality Management: Provider shall participate in quality management activities that pertain to his/her contract duties.

5.3.8. Administrative: Provider shall hold routine administrative duties.

5.3.8.1. Provider shall participate in clinical conferences for VA staff and shall attend medical staff and service-level meetings.

5.3.9. Documentation: Provider shall enter all medical documentation in the Computerized Patient Records System (CPRS) and electronically sign.

5.3.9.1. Provider shall complete electronic clinical reminders in accordance with VA policy and procedures using CPRS.

5.3.9.2. Provider must comply with all VA performance measure requirements.

5.4. MEDICAL RECORDS

5.4.1. Authorities: Contractor’s physician providing healthcare services to VA patients shall be considered as part of the Department Healthcare Activity and shall comply with the 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), Title 5 U.S.C. § 522a (Records Maintained on Individuals) as well as 45 C.F.R. Parts 160, 162, and 164 (HIPAA).

5.4.2. HIPAA: This contract and its requirements meet exception in 45 CFR 164.502(e), and do not require a BAA in order for Covered Entity to disclose Protected Health Information to: a health care provider for treatment. Based on this exception, a BAA is not required for this contract.

Treatment and administrative patient records generated by this contract or provided to the Contractors by the VA 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 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.

5.4.3. Disclosure: Contract provider may have access to patient medical records: however, Contractor shall obtain permission from the VA before disclosing any patient information. 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. The VA will provide the Contractor with a copy of VHA Handbook 1907.01, Health Information Management and Health Records and VHA Directive 1605.01, Privacy and Release of Information The penalties and liabilities for the http://www.rms.oit.va.gov/SOR_Records/24VA19.asp http://www.rms.oit.va.gov/SOR_Records/24VA19.asp https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=3088 https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=3233 unauthorized disclosure of VA patient information mandated by the statutes and regulations mentioned above, apply to the Contractor.

5.4.4. Professional Standards for Documenting Care: Care shall be appropriately documented in medical records in accordance with standard commercial practice and guidelines established by VHA Handbook 1907.01 Health Information Management and Health Records:

https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=3088 and all guidelines provided by the VAMC.

5.4.5. Release of Information: The VA 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 VA authorizing the Contractor to release patient information, the Contractor in compliance with VA regulations, and at his/her 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.

5.5. PERFORMANCE STANDARDS, QUALITY ASSURANCE (QA) AND QUALITY

IMPROVEMENT(QI)

5.5.1. Quality Management/Quality Assurance Surveillance: Contractor’s physician shall be subject to Quality Management measures, such as patient satisfaction surveys, timely completion of medical records, and Peer Reviews. Methods of Surveillance: Focused Provider Practice Evaluation (FPPE) and Ongoing Provider Practice Evaluation (OPPE). Contractor performance will be monitored by the government using the standards as outlined in this Performance Work Statement (PWS) and methods of surveillance detailed in the Quality Assurance Surveillance Plan (QASP). The QASP shall be attached to the resultant contract and shall define the methods and frequency of surveillance conducted.

5.5.2. Patient 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 personnel. This does not preclude refusal in the event of incidents involving physical or verbal abuse.

5.5.3. The Government reserves the right to refuse acceptance of any Contractor personnel at any time after performance begins, if personal or professional conduct…