36C25722Q0080_1.docx

36C25722Q0080

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

36C257-21-AP-3500

36C25722Q0080 12-08-2021 Nesha Nelson, Contract Specialist 915-217-1250 01-07-2022 17:00

MST

36C257 Department of Veterans Affairs VHA RPO West - NCO 17 Health Care Resources Branch I 11495 Turner Road El Paso TX 79936-1372 Nesha Nelson - (915) 217-1250 nesha.nelson@va.gov X 621492 $41.5 Million

NET 30

N/A X 36C504 Department of Veterans Affairs Thomas E. Creek VA Medical Center Medical Services (Dialysis Services) 6010 Amarillo Blvd West Amarillo TX 79106-1991 36C257 See block # 9

36C104 Financial Services Center (FSC) Department of Veterans Affairs

IAW VAAR 852.232-72

P.O. Box 149971 Austin TX 78714-8971

(866) 372-1141 See CONTINUATION Page Contractor shall provide technical support, personnel, equipment, and supplies for hemodialysis and peritoneal dialysis services as necessary. The Contractor shall be available 24 hours a day, 7 days a week to provide services to Thomas E Creek VA Medical Center (VAMC, inpatients on an “as needed” basis.

Authority:

Public Law 104-262, 38 U.S.C. 8153 Procedures: FAR Part 13 All services provided shall be in accordance with the Schedule of Services (pp 5 - 10) and Performance Work Statement (pp 11 – 27) See FAR 52.212-1 for submittal instructions.

See CONTINUATION Page To be funded by Individual Task Orders X X X Carlos Jaquez

VA-VHA-RPOW-2019-FF13BF55

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

1. CONTRACTOR (Offerors are required to designate a person for prompt contract administration):

Point of Contact:

Title:

Phone:

Email:

2. GOVERNMENT: The Contracting Officer/Contract Specialist for Administration named below is responsible for the overall administration of the contract.

The Contractor is advised that only the Contracting Officer, acting within the scope of the contract and his/her duties and responsibilities and, after advice and consultation with the Contracting Officer's Representative (COR), has the authority to make changes which effect contract prices, quality, quantity, delivery terms and conditions, or the term of the contract.

In no event, shall any understanding or agreement, modification, change order, or other matters in deviation from the terms of this contract between Contractor and a person other than the Contracting Officer, be effective or binding upon the Government. All such actions must be formalized by the proper contractual document executed by the Contracting Officer.

3. CONTRACTING OFFICER'S REPRESENTATIVE: Prior to contract award, the Contracting Officer will designate a VA Medical Center employee as COR. All work coordination shall be made through the COR. The Contractor shall be provided a copy of the letter of delegation authorizing the COR at the commencement of the term of this agreement. No other person shall be authorized to act in such capacity unless appointed in writing by the Contracting Officer.

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

5. INVOICES: Invoices shall be submitted in arrears:

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

For inquires only:

7. POST AWARD ORIENTATION: The Contracting Officer will schedule a post award orientation for contract orientation purposes as required by VA Acquisition Manual, Part M842.502-70. (If Applicable)

8. SECURE FAX: This fax is intended only for the use of the person or office to which it is addressed and may contain information that is privileged, confidential, or protected by law. All other are hereby notified that the receipt of this fax does not waive any applicable privilege or exemption for disclosure and that any dissemination, distribution, or copying of this communication is prohibited. If you have received this fax in error, please notify this office immediately at the telephone number listed above.

9. MANDATORY WRITTEN DISCLOSURES: Mandatory written disclosures required by FAR clause 52.203-13 to the Department of Veterans Affairs, Office of Inspector General (OIG) must be made electronically through the VA OIG Hotline at http://www.va.gov/oig/contacts/hotline.asp and clicking on "FAR clause 52.203-13 Reporting." If you experience difficulty accessing the website, call the Hotline at 1-800-488-8244 for further instructions.

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

(End of Contract Administration Data)

B.2 SCHEDULE OF SERVICES

Contractor shall provide inpatient acute hemodialysis and peritoneal dialysis services for acutely ill inpatients at the Thomas E Creek VA Medical Center (VAMC), 6010 Amarillo Blvd West, Amarillo, TX 79106-1990, at the request of VAMC medical staff. Contractor shall provide technical support, personnel, equipment, and supplies for hemodialysis and peritoneal dialysis services as necessary. The Contractor shall be available 24 hours a day, 7 days a week to provide services to AVAHCS inpatients on an “as needed” basis.

Contract Type:

The contract resulting from this solicitation will be an Indefinite Delivery/ Indefinite Quantity (IDIQ), Fixed Price (FP) contract.

Place of Performance:

Services shall be provided on site, Thomas E. Creek VA Medical Center 6010 Amarillo Blvd West, Amarillo TX 79106-1991.

Pricing Instructions:

Quantities on the Schedule of Services are the yearly projected amounts for each contract line item. These projected quantities are for bidding purposes only. Unit prices for the line-item numbers (LINs) on the Schedule of Services are fixed prices. These fixed prices will govern regardless of quantities ordered under any subsequent task order(s).

The Contractor shall propose a minimum of three (3) key personnel to be credentialed and be available for scheduling.

Estimated Quantities:

Quantities on the Schedule of Services are the yearly projected amounts for each contract line item. Contractual minimum and maximum: the guaranteed minimum contract amount, including the base year and any option years exercised, is $750.00 and the maximum contract amount, including the base year and any option years exercised, shall not exceed $750,000.00. The Government does not guarantee that it will place any orders under this contract in excess of the guaranteed minimum award amounts.

Orders and Ordering Procedures:

The following information is in conformance with FAR 16.504 (a)(4): Written Task Orders shall be placed against this IDIQ contract at the time of contract award, and as needed during the term of the contract. The Task Orders shall specify the estimated quantities of services for the period of performance and shall comply with FAR 52.216-18 and 52.216-19.

Only the Contracting Officer may place task orders against resultant IDIQ contracts following this solicitation. Any changes to the below schedule of services shall only be made via written modification that is formally executed by the Contractor and Contracting Officer.

Note:

(a) Gray market items are Original Equipment Manufacturers (OEM) goods sold through unauthorized channels in direct competition with authorized distributors. This procurement is for new OEM medical supplies, medical equipment and/or services contracts for maintenance of medical equipment (i.e., replacement parts) for VA Medical Centers. No remanufactures or gray market items will be acceptable.

(b) Vendor shall be an OEM, authorized dealer, authorized distributor or authorized reseller for the proposed medical supplies, medical equipment and/or services contracts for maintenance of medical equipment (i.e., replacement parts), verified by an authorization letter or other documents from the OEM, such that the OEM’s warranty and service are provided and maintained by the OEM. All software licensing, warranty and service associated with the medical supplies, medical equipment and/or services contracts for maintenance of medical equipment shall be in accordance with the OEM terms and conditions.

(c) The delivery of gray market items to the VA in the fulfillment of an order/award constitutes a breach of contract. Accordingly, the VA reserves the right enforce any of its contractual remedies. This includes termination of the contract or, solely at the VA’s election, allowing the Vendor to replace, at no cost to the Government, any remanufactured or gray market item(s) delivered to a VA medical facility upon discovery of such items.

(d) As part of price evaluation, the Government will evaluate its option to extend services (see FAR Clause 52.217-8). The evaluation will assume that the prices for any option exercised under FAR 52.217-8 will be at the same rates as those in effect under the contract at the time the option is exercised. The evaluation will therefore assume that the addition of the price or prices of any possible extension or extensions under FAR 52.217-8 to the total price for the basic requirement and the total price for the priced options has the same effect on the total price of all quotes relative to each other and will not affect the ranking of quotes based on price, unless, after reviewing the quotes, the Government determines that there is a basis for finding otherwise. This evaluation will not obligate the Government to exercise any option under FAR 52.217-8.

Period of Performance

Base Year: April 1, 2022 through March 31, 2023

Base Year Total

Option Year One: April 1, 2023 through March 31, 2024

Option Year One Total

Option Year Two: April 1, 2024 through March 31, 2025

Option Year Two Total

Option Year Three: April 1, 2025 through March 31, 2026

Option Year Three Total

Option Year Four: April 1, 2026 through March 31, 2027

Option Year Four Total

Grand Total: $__________________________

B.3 PERFORMANCE WORK STATEMENT

1. GENERAL:

1.1. Services Provided: The Contractor agrees to provide health care resources (i.e., on-site acute/chronic hemodialysis services) in accordance with the terms, conditions and prices stated herein to the Department of Veterans Affairs, Thomas E Creek VA Medical Center, located in Amarillo, TX (the “VAMC”).

1.1.1. The Contractor shall provide needed labor, supplies, and equipment to include dialysis and water treatment systems. All supplies and equipment shall be approved by the U.S. Food and Drug Administration (FDA). Personnel assigned by the Contractor to perform services covered by the contract are required to have an unrestricted nursing license.

1.1.2. The services to be performed by the registered nurse trained in hemodialysis will be performed in strict accordance with VAMC policies, procedures, and regulations of the VAMC.

1.1.3. The contract providers will be responsible for the provision of the ordered services to include set-up and safety check of all equipment and water treatment systems, initiating, monitoring, and terminating treatment, documenting of procedures and clean-up and storage of dialysis equipment and supplies.

1.1.4. Contract will be Firm Fixed Price, Indefinite Delivery, Indefinite Quantity (IDIQ).

1.2. Place of Performance: Thomas E Creek VA Medical Center, 6010 Amarillo Blvd West, Amarillo, TX 79106-1991.

1.3. Authority: Public Law 104-262, Title 38 USC 8153, Health Care Resources (HCR) sharing Authority, FAR Part 12 Acquisition of Commercial Items, and FAR Part 13 Simplified Acquisition Procedures.

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

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

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

1.4.3. VHA Handbook 1100.19: Credentialing and Privileging: https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=2910

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

www.va.gov/vhapublications/viewpublication.asp?pub_id=3148

1.4.5. VHA Directive 1192.01: Seasonal Influenza Prevention Program:

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

1.4.6. VHA Directive 1220: Facility Procedure Complexity Designation Requirements to Perform Invasive Procedures In Any Clinical Setting:

https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=8365

1.4.7. VHA Directive 2012-030 Credential of Health Care Professionals: https://vaww.va.gov/vhapublications/ViewPublication.asp?pub_ID=2815

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

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

https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=9235

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

1.5. Definitions/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. AAMI: Association for the Advancement of Medical Instrumentation

1.5.2. ANNA: American Nephrology Nurses Association

1.5.3. BLS: Basic Life Support

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

1.5.5. CDC: Centers for Disease Control and Prevention

1.5.6. CDR: Contract Discrepancy Report

1.5.7. CEU: Certified Education Unit

1.5.8. CME: Continuing Medical Education

1.5.9. CMS: Centers for Medicare and Medicaid Services

1.5.10. 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.

1.5.11. 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.

1.5.12. COS: Chief of Staff

1.5.13. CPARS: Contractor Performance Assessment Reporting System

1.5.14. CPRS: Computerized Patient Recordkeeping System- electronic health record system used by the VA.

1.5.15. 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.

1.5.16. CV: Curriculum Vitae. Detailed written description of work experience, educational background and skills.

1.5.17. DOL: Department of Labor

1.5.18. FAR: Federal Acquisition Regulation. Principal set of rules (i.e., body of laws) in the Federal Acquisition Regulation System that govern the U.S. Federal Government’s procurement process.

1.5.19. 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.

1.5.20. HCR: Health Care Resources

1.5.21. HHS: Department of Health and Human Services

1.5.22. HIPAA: Health Insurance Portability and Accountability Act

1.5.23. HR: Human Resources

1.5.24. ICU: Intensive Care Unit: Hospital unit in which is concentrated special equipment and trained personnel for the care of seriously ill patients requiring immediate and continuous attention.

1.5.25. ISO: Information Security Officer

1.5.26. LIN: Line-Item Number. Unit of work (or supply) to be performed (or delivered) by the Contractor as a pay item.

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

1.5.28. MOD: Medical Officer of the Day

1.5.29. NCO: Network Contracting Office

1.5.30. NIST: National Institute of Standards and Technology. The federal technology agency that works with industry to develop and apply technology, measurements, and standards.

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

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

1.5.33. OCI: Organizational Conflict of Interest. Means that because of other activities or relationships with other persons, a person is unable or potentially unable to render impartial assistance or advice to the Government, or the person's objectivity in performing the contract work is or might be otherwise impaired, or a person has an unfair competitive advantage.

1.5.34. OMB: Office of Management and Budget

1.5.35. OPM: Office of Personnel Management

1.5.36. OR: Operating Room

1.5.37. PCU: Progressive Care Unit: Hospital unit specializing in the treatment of medical and surgical patients whose needs are not serious enough for the Intensive Care Unit (ICU) but too complex for the regular hospital floor.

1.5.38. PIV: Personal Identity Verification. Personal identity verification of Federal Employees and Contractors that secures access to Federal facilities and information systems; assures appropriate levels of security for all applicable Federal applications; and provides interoperability among Federal organizations.

1.5.39. PO: Privacy Officer. Individual within the VA who is responsible for managing the risks and impacts of privacy laws and policies.

1.5.40. POP: Period of Performance

1.5.41. PWS: Performance Work Statement. A statement of work for performance-based acquisitions that describes the required results in clear, specific, and objective terms with measurable outcomes.

1.5.42. QA: Quality Assurance. Actions taken by the government to assure contracted services meet PWS requirements.

1.5.43. QASP: Quality Assurance Surveillance Plan

1.5.44. QC: Quality Control. Actions taken by the Contractor to control the performance of contracted services to meet the PWS requirements.

1.5.45. RPO: Regional Procurement Officer

1.5.46. SAC: Special Agreement Check. Federal Bureau of Investigation criminal history check of fingerprints.

1.5.47. TJC: The Joint Commission. Organization that accredits health care organizations and programs in the United States.

1.5.48. VAMC: Veterans Affairs Medical Center

1.5.49. VETS-4212: Veterans Employment and Training Service report. Reporting required pursuant to the Vietnam Era Veterans' Readjustment Act of 1972. Federal Contractors and subcontractors covered by the Act's affirmative action provisions are required to report annually to the Secretary of labor the number of employees in their workforces, by job category and hiring location, who are qualified covered veterans.

1.5.50. Veterans Integrated Services Network (VISN): The regional oversight for the VA medical centers in Michigan and Indiana.

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

1.5.52. VHA: Veterans Health Administration

1.5.53. 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.

1.5.54. VPN: Virtual Private Network. A secure network that uses primarily public telecommunication infrastructures, such as the Internet, to provide remote offices or traveling users an access to a central organizational network.

2. QUALIFICATIONS:

2.1. Staff/Facility:

2.1.1. The Contractor’s personnel assigned by the Contractor to perform the services covered by this contract shall have a current license to practice medicine in any State, Territory, or Commonwealth of the United States or the District of Columbia) when services are performed onsite on VA property. All licenses held by the personnel working on this contract shall be full and unrestricted licenses. The qualifications of such personnel shall also be subject to review by the VAMC Clinical Executive Board, Chief of Staff, and approval by the VAMC Director. Each person assigned by the Contractor to work under this contract shall be licensed by the governing or cognizant licensing board.

2.1.2. Registered Nurse(s) trained in Hemodialysis shall be ACLS and BLS certified:

2.1.2.1. The Contractor(s) shall assure professional competence of all personnel provided to the VAMC. Personnel assigned by the contract holder(s) to perform the services covered by this contract shall have knowledge of the following standards: American Nephrology Nurses Association.

2.1.3. Advancement of Medical Instrumentation

2.1.3.1. Prior to the provision of services, the Registered Nurse(s) trained in Hemodialysis must have evidence of the following:

2.1.3.1.1. Health examinations including annual TB skin test result.

2.1.3.1.2. Either has received the Hepatitis B vaccine series, or are immune as a result of acquired infection, or have been offered and refused the vaccinations.

2.1.3.1.3. Received measles-mumps-rubella (MMR) vaccine. (Combined vaccine (MMR) is the vaccine of choice if individuals are likely to be susceptible to more than one of the three diseases and is required for all persons born after 1956.

2.1.3.1.4. A negative PPD within the last year, or, if a known reactor, a negative chest X-Ray within the past year.

2.1.3.1.5. A history of varicella (chicken pox) or, if unknown, results of a varicella antibody test. If non-immune, shall immunize as appropriate.

2.1.3.1.6. Received training in Universal Precautions and Blood Borne Pathogens, Hazardous Material Management, and Life Safety Management (fire preparedness).

2.1.3.1.6.1. The Registered Nurse(s) trained in Hemodialysis shall read, understand, speak, and write English fluently.

2.1.4. Credentialing and Practice/Privileging

2.1.4.1. The Registered Nurse(s) trained in Hemodialysis shall maintain credentialing requirements and notify the COR and Privileging and Credentialing Officer within twenty-four (24) hours of Contractor’s discovery of personnel not in compliance.

2.1.4.2. The Registered Nurse(s) trained in Hemodialysis is required to report to the Contracting Officer within twenty-four (24) hours of Contractor’s discovery any disciplinary action taken by the State Board or the institution against the Registered Nurse(s) trained in Hemodialysis performing under this contract.

2.1.4.3. The Contractor is responsible to provide complete and timely documentation to support the Credentialing and Privileging Process. Evidence of completion of required licensure, credentials, required training and current competencies shall be received by the VA credentialing office. The Registered Nurse(s) trained in Hemodialysis must be able to pass the VAMC’s credentialing process in accordance with the Department of Veterans Affairs’ guidelines and regulations. All information required for credentialing shall be provided in a timely manner.

2.1.4.4. Commencement of background investigations must be validated by the Contracting Officer for all contracted Registered Nurse’s referred to perform services under this agreement prior to providing direct patient care.

2.1.4.5. The credentialing and privileging of all contract providers will comply with Veterans Health Administration (VHA) Handbook 1100.19 – Credentialing and Privileging. http://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=2910.

2.1.4.6. VetPro is VHA’s electronic credentialing system and shall be used for credentialing all Registered Nurses who are selected to provide services for this contract. Re-credentialing and reappointment shall occur annually. Current contracted registered nurses must supply credentialing information at least 30 days prior to expiration to allow for VetPro renewal and approval.

2.1.5. Technical Proficiency: Contract provider (s) shall be technically proficient in the skills necessary to fulfill the government’s requirements, including the ability to speak, understand, read and write English fluently. Contractor shall provide documents upon request of the CO/COR to verify current and ongoing competency, skills, certification and/or licensure related to the provision of care, treatment and/or services performed.

2.1.6. Training (BLS, CPRS and VA MANDATORY): Contractor shall meet all VA educational requirements and mandatory course requirements defined herein; all training must be completed by the contract personnel as required by the VA.

2.1.7. Standard Personnel Testing (PPD, etc.): Contractor shall provide proof of the following tests for personnel within five (5) calendar days after contract award and prior to the first duty shift to the COR and Contracting Officer. Tests shall be current within the past year.

2.1.8. Citizenship related Requirements:

2.1.8.1. 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.

2.1.8.2. 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.

2.1.8.3. 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.

2.1.8.4. This certification concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under 18 U.S.C. 1001.

2.1.8.5. The Contractor agrees to obtain a similar certification from its subcontractors. The certification shall be made as part of the offeror’s response to the RFQ using the subject attachment in Section D of the solicitation document.

2.1.9. 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.

2.1.9.1. 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 contract personnel 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.

2.1.9.2. By submitting their quote, 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 Direction: The qualifications of Contractor personnel are subject to review by VA Medical Center COS or his/her clinical designee and approval by the Medical Center Director as provided in VHA Handbook 1100.19. Clinical/Professional direction of all clinical personnel covered by this contract will be provided by the VAMC COS and/or the Chief of the Service or his designee. A clinical COR may be appointed, however, only the CO is authorized to consider any contract modification request and/or make changes to the contract during the administration of the resultant contract.

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

2.4. Inherent Government Functions: Contractor and Contractor personnel 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.

2.5. No Employee status: The Contractor shall be responsible for protecting Contract personnel 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:

2.5.1. Workers’ compensation

2.5.2. Professional liability insurance

2.5.3. Health examinations

2.5.4. Income tax withholding, and

2.5.5. Social security payments.

2.6. The parties agree that the Contractor, its employees, agents, and subcontractors shall not be considered VA employees for any purpose.

2.6.1. The Contractor shall insert the substance of this clause, including this paragraph, in all subcontracts for health-care services under this contract. The Contractor shall be responsible for compliance by any subcontractor or lower-tier subcontractor with the provisions set forth in paragraph “(1)” of this clause.

2.7. Tort Liability: Contractor employees are not covered by the Federal Tort Claims Act. When a Contractor employee has been identified as a provider in a tort claim, the Contractor employee is responsible for notifying the Contractor’s legal counsel and/or insurance carrier. Any settlement or judgment arising from a Contractor employee’s action or non-action is the responsibility of the Contractor and/or insurance carrier.

2.8. Key Personnel:

2.9. The Contractor shall assign to this contract the following key personnel:

2.9.1. During the first ninety (90) 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 Contracting Officer, in writing, within five (5) calendar days after the occurrence of any of these events and provide the information required by paragraph (2.9.3) below. After the initial 90-day period of the contract, the Contractor shall submit the information required by paragraph (2.9.4) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

2.9.2. To the maximum extent practicable, for continuity of care, the Contractor shall provide the same pool of providers to cover the requirements of the contract.

2.9.3. The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes (curriculum vitaes) 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 fifteen (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.

2.9.4. For temporary substitutions where the key person will not be reporting to work for three (3) consecutive workdays or more, the Contractor will provide a qualified replacement for the key person. This substitute shall have comparable qualifications to the key person. Any period exceeding two (2) weeks will require the procedure as stated above.

2.9.5. All Contractor employees requiring credentialing must be credentialed prior to reporting to the VAMC to provide coverage. The credentialing process can take up to 90 days to accomplish; therefore, the Contractor is required to provide all credentialing documentation for any Contractor employee who may perform service under this contract to avoid any lapse in coverage.

2.9.6. Evidence of completion of required licensure, credentials, required training, current competencies and commencement of background investigations must be validated by the Government for all Contractor personnel referred to perform services under this contract prior to providing direct patient care.

2.9.7. Contractor shall not have personnel report to duty until written notification is received from the Contracting Officer or designee (e.g. Contracting Officer’s Representative) advising that the candidate(s) presented has met all requirements for performance. Written notification shall be in the form a modification to the contract adding the Contractor employee as key personnel.

2.9.8. The Government reserves the right to bar Contractor personnel from Government facilities, if personal or professional conduct of the Contractor personnel jeopardizes patient care. Unacceptable breaches of conduct include, but are not limited to, provider intoxication or debilitation resulting from alcohol or drug use, theft, patient abuse, dereliction or negligence, or other conduct resulting in formal complaints by patient or staff.

2.9.9. The Contracting Officer and Contracting Officer’s Representative (COR) may immediately make determinations relating to Contractor personnel access to facilities when conduct of said personnel raises concerns of jeopardized patient care. The Contracting Officer shall advise the Contractor of the questionable conduct encountered and may seek Contractor input related to continuing access of said personnel to VA facilities, but the Contracting Officer is in no fashion required to reach agreement with the Contractor before acting on restrictions. The final arbiter on questions of action to be taken to restrict Contractor personnel from VAMC facilities based on alleged conduct issues is the Contracting Officer.

2.10. Patient Referral: Neither the Contractor nor Contractor’s employee is authorized under this contract to refer any VAMC patients for additional medical treatment. Separate authorization by the VAMC will be necessary for continued care or referral for additional medical treatment.

2.11. 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 contract personnel leaves Contractor’s employment or is unable to continue performance in accordance with the terms and conditions of the resulting contract.

3. VA HOURS OF OPERATION/SCHEDULING:

3.1. The services covered by this contract shall be furnished by the Contractor as defined herein. The Contractor will not be required, except in case of emergency, to furnish such services during off-duty hours as described below.

3.2. Work Hours: The services covered by this contract shall be furnished 24/7, 365 days per year including holidays.

3.3. Business hours for the VAMC follow:

Work hours: Monday through Friday, 8:00 a.m. - 4:30 p.m. There may be occasions patients require weekend, evenings, and nights assistance.

3.4. National Holidays: The 11 holidays observed by the Federal Government are:

Christmas and any other day specifically declared by the President of the United States to be a national holiday.

3.5. Off-Duty hours: Friday through Monday, 4:30 p.m. - 8:00 a.m.; Monday through Thursday, 4:30 pm – 8:00 am.

4. CONTRACTOR RESPONSIBILITIES:

4.1. The Contractor is responsible for performance of ALL terms and conditions of the contract. CORs will provide contract progress reports quarterly to the CO reflecting performance on this plan and all other aspects of the resultant contract. The performance standards outlined in this QASP shall be used to determine the level of Contractor performance in the elements defined. Performance standards define desired services.

4.2. After award and prior to contract performance, Contractor will be required to submit to the Contracting Officer:

4.2.1. List of names of Contractor personnel

4.2.2. Social Security Numbers of Contractor personnel

4.2.3. Dates of birth of Contractor personnel

4.2.4. Contractor personnel email addresses

4.2.5. Contractor personnel places of birth

4.2.6. Contractor’s point of contact, physical mailing address, telephone, and email address

4.2.6.1. Contractor shall notify the Contracting Officer prior to changing/adding new contract personnel by submitting the information above.

4.2.6.2. In cooperation with the COR, the Contractor shall submit or have Contractor employees submit the following required forms to the contracting officer within two weeks of receipt:

4.2.6.2.1. VHA Service Center (VSC) Contract Security Services Request Form #1

4.2.6.2.2. VHA Service Center (VSC) Contractor/Employee Fingerprinting Request Form #2

4.2.6.2.3. VHA Service Center (VSC) VHA Service Center PIV Sponsorship Form #3

4.2.6.2.4. VA Form 0710, Authority for Release of Information Form

4.2.6.2.5. Optional Form 306, Declaration for Federal Employment

4.2.6.2.6. Self-Certification of Continuous Service

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

4.4. Failure to comply with the Contractor personnel security requirements may result in termination of the contract for cause.

4.5. Government Responsibilities: The VA Office of Security and Law Enforcement will provide the necessary form to the Contractor or to the Contractor’s employee(s) after receiving a list of names and addresses.

4.6. Upon receipt, the VA Office of Security and Law Enforcement will review the completed forms for accuracy and forward the forms to OPM to conduct the background investigation.

4.7. The VA Office of Security and Law Enforcement will notify the contracting officer and Contractor after adjudicating the results of the background investigations received from OPM.

4.8. The Contracting Officer will ensure that the Contractor provides evidence that investigations have been completed or are in the process of being requested.

4.9. The Contractor will provide the dialysis system and registered nurses to perform the requirements of this contract as outlined below. Personnel assigned by the Contractor to perform services covered by the contract shall hold a State Board of Nursing license. The Contractor will provide the water treatment systems; the Contractor will provide needed labor, on a continuous (7 days per week 24 hours per day) on a stand-by call coverage, supplies, and equipment for acute hemodialysis and peritoneal dialysis coverage at the Thomas E Creek VA Medical Center, 2401 West Main, Marion, IL.

4.10. The Contractor will provide a dialysis system compatible with the water treatment system.

4.11. Services shall be provided during normal business hours for each patient identified by the Thomas E Creek VAMC. In the event of a serious patient emergency during normal business hours on a day or time when the provider is not on site, the provider shall arrive at the Thomas E Creek VAMC within two (2) hours of notice or a request for services. Both parties shall agree upon the process by which notice shall be given to the provider.

4.12. In the event of a medical non-emergent need outside of normal business hours the provider shall arrive at the Thomas E Creek VAMC within 36 hours of notice of a request for services.

4.13. A Contractor’s employee(s) must be present at the VA and must actually perform the required services as specified in order for payment of service authorized.

4.14. The Contractor will ensure that the water treatment system in place at the Thomas E Creek VAMC that is utilized in the performance of this contract is maintained to meet the AAMI (Association for the Advancement of Medical Instrumentation) recommendations regarding water and dialysate fluid safety for hemodialysis. Any damage to the VA equipment or property as a result of Contractor negligence or Contractor equipment malfunction shall be made whole at the Contractor’s expense.

4.15. On-going teaching program shall be offered patients to allow them to gain knowledge of the following:

4.15.1. A self-care concepts

4.15.2. Normal kidney structure and function

4.15.3. Causes of kidney failure

4.15.4. Effects of kidney failure on the body

4.15.5. Medication regimen

4.15.6. Dietary regimen

4.15.7. Circulatory access

4.15.8. Hemodialysis/continuous…