36C25723Q0713 AMENDMENT 0004.docx

5. PROJECT NUMBER (if applicable)

CODE

7. ADMINISTERED BY

2. AMENDMENT/MODIFICATION NUMBER

CODE

6. ISSUED BY

8. NAME AND ADDRESS OF CONTRACTOR

4. REQUISITION/PURCHASE REQ. NUMBER

3. EFFECTIVE DATE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED

PAGE OF PAGES

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED

BPA NO.

1. CONTRACT ID CODE

FACILITY CODE

CODE

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

E. IMPORTANT:

is extended,

(a) By completing Items 8 and 15, and returning __________ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY is not extended.

12. ACCOUNTING AND APPROPRIATION DATA

(REV. 11/2016)

is required to sign this document and return ___________ copies to the issuing office.

is not, A. THIS CHANGE ORDER IS ISSUED PURSUANT TO:

Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

15C. DATE SIGNED

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER

Contractor

16C. DATE SIGNED

14. DESCRIPTION OF AMENDMENT/MODIFICATION

16B. UNITED STATES OF AMERICA

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER

16A. NAME AND TITLE OF CONTRACTING OFFICER

15B. CONTRACTOR/OFFEROR

STANDARD FORM 30

PREVIOUS EDITION NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.243 (Type or print) (Type or print) (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

(Number, street, county, State and ZIP Code) (If other than Item 6) (Specify type of modification and authority) such as changes in paying office, appropriation date, etc.)

(If required)

(SEE ITEM 11)

(SEE ITEM 13)

(X)

CHECK

ONE

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

(Signature of person authorized to sign) (Signature of Contracting Officer) 30 May 2023 36C257 Department of Veterans Affairs VHA RPO West - NCO 17 El Paso Contracting Office 11495 Turner Road El Paso TX 79936-4221 Noel "Rick" Ramirez noel.ramirez2@va.gov

SEE BLOCK 6

To all Offerors/Bidders

36C25723Q0713 05-29-2023

X X X

19 JUNE 2023 AT 1200 MOUNTAIN TIME

See CONTINUATION Page

THE PURPOSE OF THIS AMENDMENT IS TO:

1. CHANGE THE NAICS CODE FROM 561320 TO 621399

2. CHANGE THE CONTRACTING POINT OF CONTACT

3. UPDATE THE PROPOSAL DUE DATE AND TIME

4. THERE ARE NO OTHER CHANGES TO THE TERMS AND CONDITIONS

NOEL E. RAMIREZ

Contracting Officer

VA-VHA-RPOW-2023-0030

CONTINUATION PAGE

DESCRIPTION

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

Solicitation Number: 36C257-23-Q-0713

The solicitation type: Request for Quotation (RFQ).

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-02 Effective Date 26 April 2023 and VAAR Update 2008-36 Effective Date 22 March 2023.

This combined synopsis/solicitation is issued as Service-Disabled Veteran-Owned Small Business (SDVOSB) set-aside.

The associated NAICS code is 621399 Offices of All Other Miscellaneous Health Practitioners, and the small business size standard is $10 million.

A list of line-item number(s) and items, quantities, and units of measure (including option(s)) is included under section Price Schedule.

Description of services to be acquired for this contract action is provided in the Performance Work Statement (PWS).

The provision at 52.212-1, Instructions to Offerors-Commercial Products and Commercial Services, applies to this acquisition. Addenda is included with the provision.

The provision at 52.212-2, Evaluation-Commercial Products and Commercial Services, specific evaluation criteria to be included in paragraph (a) of that provision.

Offerors shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, with their quote.

The clause at 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services, applies to this acquisition, as well as addenda to the clause.

The clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services, applies to this acquisition, the additional FAR clauses cited in the clause are applicable to the acquisition.

The Defense Priorities and Allocations System (DPAS) and assigned rating, are not applicable to this action.

Offers are due By 12:00 PM MST on 19 June 2023. Responses to this RFQ shall be e-mailed to Noel “Rick” Ramirez at noel.ramirez2@va.gov. Telephone, mail, or fax responses to this RFQ will NOT be accepted.

For information regarding the solicitation contact Noel “Rick” Ramirez at noel.ramirez2@va.gov.

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

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

Point of Contact:

Title:

Phone:

Email:

Fax:

b. GOVERNMENT: The Contract Specialist for Administration (CS) named below is responsible for the overall administration of the contract.

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

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests. http://www.fsc.va.gov/einvoice/asp.

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

PRICE/COST SCHEDULE

ITEM INFORMATION

BASE YEAR: 1 OCTOBER 2023 – 30 SEPTEMBER 2024

AMOUNT

Provide 5 Medical Technologists/Clinical Laboratory Scientists (MT/CLS), in accordance with the Performance Work Statement (PWS).

MINIMUM ORDER QTY: 2,080

MAXIMUM ORDER QTY: 10,400

MINIMUM ORDER QTY: 88

MAXIMUM ORDER QTY: 440

MINIMUM ORDER QTY: 416

MAXIMUM ORDER QTY: 2,080

Provide 5 Medical Laboratory Technicians/Clinical Laboratory Technicians (MLT/CLT) in accordance with the Performance Work Statement (PWS)

MINIMUM ORDER QTY: 2,080

MAXIMUM ORDER QTY: 10,400

MINIMUM ORDER QTY: 88

MAXIMUM ORDER QTY: 440

MINIMUM ORDER QTY: 416

MAXIMUM ORDER QTY: 2,080

OPTION YEAR 1: 1 OCTOBER 2024 – 30 SEPTEMBER 2025

Provide 5 Medical Technologists/Clinical Laboratory Scientists (MT/CLS), in accordance with the Performance Work Statement (PWS).

MINIMUM ORDER QTY: 2,080

MAXIMUM ORDER QTY: 10,400

MINIMUM ORDER QTY: 88

MAXIMUM ORDER QTY: 440

MINIMUM ORDER QTY: 416

MAXIMUM ORDER QTY: 2,080

Provide 5 Medical Laboratory Technicians/Clinical Laboratory Technicians (MLT/CLT) in accordance with the Performance Work Statement (PWS)

MINIMUM ORDER QTY: 2,080

MAXIMUM ORDER QTY: 10,400

MINIMUM ORDER QTY: 88

MAXIMUM ORDER QTY: 440

MINIMUM ORDER QTY: 416

MAXIMUM ORDER QTY: 2,080

OPTION YEAR 2: 1 OCTOBER 2025 – 30 SEPTEMBER 2026

Provide 5 Medical Technologists/Clinical Laboratory Scientists (MT/CLS), in accordance with the Performance Work Statement (PWS).

MINIMUM ORDER QTY: 2,080

MAXIMUM ORDER QTY: 10,400

MINIMUM ORDER QTY: 88

MAXIMUM ORDER QTY: 440

MINIMUM ORDER QTY: 416

MAXIMUM ORDER QTY: 2,080

Provide 5 Medical Laboratory Technicians/Clinical Laboratory Technicians (MLT/CLT) in accordance with the Performance Work Statement (PWS)

MINIMUM ORDER QTY: 2,080

MAXIMUM ORDER QTY: 10,400

MINIMUM ORDER QTY: 88

MAXIMUM ORDER QTY: 440

MINIMUM ORDER QTY: 416

MAXIMUM ORDER QTY: 2,080

OPTION YEAR 3: 1 OCTOBER 2026 – 30 SEPTEMBER 2027

Provide 5 Medical Technologists/Clinical Laboratory Scientists (MT/CLS), in accordance with the Performance Work Statement (PWS).

MINIMUM ORDER QTY: 2,080

MAXIMUM ORDER QTY: 10,400

MINIMUM ORDER QTY: 88

MAXIMUM ORDER QTY: 440

MINIMUM ORDER QTY: 416

MAXIMUM ORDER QTY: 2,080

Provide 5 Medical Laboratory Technicians/Clinical Laboratory Technicians (MLT/CLT) in accordance with the Performance Work Statement (PWS)

MINIMUM ORDER QTY: 2,080

MAXIMUM ORDER QTY: 10,400

MINIMUM ORDER QTY: 88

MAXIMUM ORDER QTY: 440

MINIMUM ORDER QTY: 416

MAXIMUM ORDER QTY: 2,080

Note: 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.

PERFORMANCE WORK STATEMENT

FOR

Medical Technologist/Clinical Laboratory Scientist

1. GENERAL

A. Services Provided:

i. The Contractor shall provide up to 5 Medical Technologists/Clinical Laboratory Scientists (MT/CLS) and up to 5 Medical Laboratory Technicians/Clinical Laboratory Technicians (MLT/CLT) to provide diagnostic testing services for one year with three-year options on site to beneficiaries of the Department of Veterans Affairs (VA) located at Central Texas Veterans Healthcare System in Temple, Texas. Contractor personnel will have use of all required patient care equipment, supplies, and computer access for performing services required by this contract. All services shall be provided in accordance with the specifications, terms and conditions contained herein. Services:

ii. Technologist services shall be provided 40 hours per week to include rotating weekends and Federal holidays with flexible eight (8), ten (10) or twelve (12) hour tours.

iii. The Chief Technologist, P&LMS (or designee) shall determine, regarding VA needs, the scheduled tour of duty. Contract employees shall be given one-week notice of schedule changes.

iv. Should occasionally overtime hours be required due to short staffing or increased workload, prior approval must be received by the CTVHCS P&LMS Chief Technologist or designee.

v. The Chief, P&LMS (or designee) shall determine, regarding VA needs, the frequency, and lengths of duty hours.

vi. Contractor personnel shall serve as a MT/CLS or MLT/CLT throughout the period of performance and shall be under the direction of the Chief Technologist, Pathology and Laboratory Medicine Service (P&LMS) or her designee.

vii. Contractor personnel shall perform various clinical laboratory testing procedures in the General Clinical Laboratory in accordance with VA policies and procedures and the regulations of the medical staff bylaws of CTVHCS. See Attachment A for detailed explanation of duties.

viii. The contractor shall provide the Contracting Officer Representative (COR) (or designee) at minimum, a 30-day notice of all planned contract employee leave exceeding three (3) days and a two (2) week notice of all planned leave less than three (3) days to provide quality and timely patient care.

B. Place of Performance:

Central Texas Veterans Healthcare System (CTVHCS) Olin E Teague Hospital, 1901 Veterans Memorial Dr.

Temple Texas 76504

C. Period of Performance:

i. The period of performance shall begin on 1 October 2023 to allow for background checks and credentialling.

ii. The contract effective period shall be for a one-year base period with three one-year option periods.

D. Type of Contract: This is a Firm-Fixed Price contract.

E. Authority:

i. Title 38 USC 8153, Health Care Resources (HCR) sharing Authority

ii. Public Law 104-262 and Scarce Medical Specialist

iii. FAR 16.104, 16.504, 12.207(c)

F. Policy/Handbooks: The Contractor shall comply with all applicable policy and regulations, including, but not limited to the following:

i. VHA Handbook 1907.01 Health Information Management and Health Records: http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=2791

ii. Privacy Act of 1974 (5 U.S.C. 552a) as amended http://vaww.vhaco.va.gov/privacy/Documents/5USC552a.htm

G. 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.

i. ACLS: Advanced Cardiac Life Support

ii. ACO: Administrative Contracting Officer

iii. AOA: American Osteopathic Association

iv. BAA : Business Associate Agreement

v. BLS: Basic Life Support

vi. CARF: Commission on Accreditation of Rehabilitation Facilities

vii. CBOC: Community Based Outpatient Clinic

viii. CDC: Centers for Disease Control and Prevention

ix. CEU: Certified Education Unit

x. CLS: Clinical Laboratory Scientist – has a Bachelor of Science in CLS or biological science and is certified as a Clinical Laboratory Scientist

xi. CLT: Clinical Laboratory Technician - has an associate of science in CLT or biological science and is certified as a Clinical Laboratory Technician

xii. CME: Continuing Medical Education

xiii. CMS: Center for Medicare and Medicaid Services

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

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

xvi. COS: Chief of Staff

xvii. CPARS: Contractor Performance Assessment Reporting System

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

xix. FSMB: Federation of State Medical Boards

xx. HHS: Department of Health and Human Services

xxi. HIPAA: Health Insurance Portability and Accountability Act

xxii. ISO: Information Security Officer

xxiii. MLT: Medical Laboratory Technician - has an Associate of science in Medical Laboratory Science or biological science and is certified as a Medical Laboratory Technician

xxiv. MT: Medical Technologist - has a Bachelor of Science in Medical Technology or biological science and is certified as a Medical Technologist

xxv. POP: Period of Performance

xxvi. PWS: Performance Work Statement

xxvii. QA/QI: Quality Assurance/Quality Improvement xxviii. QM/PI: Quality Management/Performance Improvement

xxix. QASP: Quality Assurance Surveillance Plan

xxx. TJC: The Joint Commission

xxxi. VA: Veterans Affairs

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

xxxiii. Veterans Integrated Services Network (VISN): The regional oversight for the VA medical centers in California and Hawaii.

xxxiv. 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.

xxxv. VETPro: a federal web-based credentialing program for healthcare providers.

xxxvi. Central Texas Veterans Healthcare System (CTVHCS): 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. CONTRACT EMPLOYEE QUALIFICATIONS:

A. Services:

i. Services shall be provided 40 hours per week to include rotating weekends and Federal holidays with flexible eight (8), ten (10) or twelve (12) hour tours.

ii. The Chief Technologist, P&LMS (or designee) shall determine, regarding VA needs, the scheduled tour of duty. Contract employees shall be given one-week notice of schedule changes.

iii. Should occasionally overtime hours be required due to short staffing or increased workload, prior approval must be received by the CTVHCS P&LMS Chief Technologist or designee.

iv. The Chief, P&LMS (or designee) shall determine, regarding VA needs, the frequency, and lengths of duty hours.

v. Contractor personnel shall serve as a MT/CLS or MLT/CLT throughout the period of performance and shall be under the direction of the Chief Technologist, Pathology and Laboratory Medicine Service (P&LMS) or her designee.

vi. Contractor personnel shall perform various clinical laboratory testing procedures in the General Clinical Laboratory in accordance with VA policies and procedures and the regulations of the medical staff bylaws of CTVHCS. See Attachment A for detailed explanation of duties.

vii. The contractor shall provide the Contracting Officer Representative (COR) (or designee) at minimum, a 30-day notice of all planned contract employee leave exceeding three (3) days and a two (2) week notice of all planned leave less than three (3) days to provide quality and timely patient care.

B. Staff/Facility Certification –

i. Medical Technologist/Clinical Laboratory Scientist (MT/CLS):

· Contractor must be American Society of Clinical Pathology (ASCP), or American Medical Technologists (AMT) certified as a Medical Technologist/Clinical Laboratory Scientist.

· Contractor must have a Bachelor of Science Degree in Medical Technology/Clinical Laboratory Science or other Biological Science.

ii. Medical Laboratory Technician/Clinical Laboratory Technician (MLT/CLT):

· Contractor must be American Society of Clinical Pathology (ASCP), or American Medical Technologists (AMT) certified as a Medical Laboratory Technician/Clinical Laboratory Technician.

· Contractor must have an Associate of Science Degree in Medical Laboratory Science/Clinical Laboratory Science or other Biological Science.

C. Clinical Laboratory Technology Experience:

i. The contract employee shall be competent to perform the required clinical laboratory testing duties outlined in Attachment A (see below) in accordance with VA policies and procedures and the regulations of the medical staff bylaws of CTVHCS.

D. Technical Proficiency –

i. Contract personnel 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.

ii. 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.

iii. Contractor personnel shall be mentally and physically able to fulfill responsibilities of the work to be performed.

iv. Contractor personnel must be competent and proficient to perform the tasks described in Attachment A.

v. Candidate resumes will be reviewed for knowledge, skills and abilities, and references may be requested and verified.

E. Training (ACLS, BLS and VA MANDATORY): Contract personnel shall meet all VA educational requirements and mandatory course requirements defined herein; all trainings must be completed by the contract personnel as required by the VA. VA trainings include.

i. All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and its systems:

ii. Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, Appendix E relating to access to VA information and information systems.

iii. Successfully complete the VA Privacy & Information Security and Rules of Behavior training and annually complete required security training.

iv. Successfully complete the appropriate VA privacy and HIPPA (10203)

v. Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system access.

vi. The contractor shall provide to the contracting officer and/or the COR a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required.

vii. Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete.

viii. Contract employees will be required to complete department specific training during the day shift (7:00 AM – 4:15 PM), until they are determined competent in the area to move to the required shift.

F. Citizenship related Requirements:

i. The Contractor certifies that the Contractor shall comply with 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.

ii. 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, because 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.

iii. 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.

iv. 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.

v. 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.

vi. 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.

vii. 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 contracts with excluded individuals to provide items or services to Federal program beneficiaries.

viii. 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.

G. 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 for quality purposes will be provided by the CTVHCS 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.

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

I. Inherent Government Functions: Contractor and Contract 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.

J. 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:

i. Workers’ compensation

ii. Professional liability insurance

iii. Health examinations

iv. Income tax withholding, and

v. Social security payments.

K. Tort Liability: The Federal Tort Claims Act does not cover Contractor or contract personnel. When Contractor or contract personnel 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 personnel) action or non-action shall be the responsibility of the Contractor and/or insurance carrier.

3. KEY PERSONNEL:

A. The VA Full Time Equivalency (FTE) for the MT/CLS services required is five FTE and for the MLT/CLT services required is five FTE to provide a total of 18,372 hours of coverage, or 2,080 hours for the fiscal year for each contracted employee, during the period of performance.

B. Emergency 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 days after the occurrence of any of these events and provide the information required below. After 90 days, the Contractor shall submit the information required below to the CO at least 15 calendar days prior to making any permanent substitutions.

C. 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.

D. The Government reserves the right to refuse acceptance of any Contractor personnel at any time after performance begins, if personal or professional conduct jeopardizes patient care or interferes with the regular and ordinary operation of the facility. Breaches of conduct include intoxication or debilitation resulting from drug use, theft, patient abuse, dereliction, or negligence in performing directed tasks, PPE/Safety violation, VA Facility or Departmental policy violation, or other conduct resulting in formal complaints by patient or other staff members to designated Government representatives. Standards for conduct shall mirror those prescribed by current federal personnel regulations. Should the VA COS or designee show documented clinical problems or continual unprofessional behavior/actions with any contract physician(s), s/he may request, without cause, immediate replacement of said contract physician(s).

E. The CO and COR shall deal with issues raised concerning Contract personnel conduct. The final arbiter on questions of acceptability is the CO.

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

4. HOURS OF OPERATION

A. Pathology & Laboratory Medicine (PLMS) is a 24/7 operation. Hours may be scheduled for any shift needed.

B. Contract personnel shall be available and present during scheduled PLMS hours, which will be established, and may be revised, as deemed appropriate for patient care by the Chief of Staff, Service Chief, Chief Technologist, or designee.

C. 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

· Juneteenth

· Labor Day

· Columbus Day

· Veterans Day

· Thanksgiving

· Christmas

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

5. CONTRACTOR RESPONSIBILITIES

A. Clinical Personnel Requirement: The Contractor shall provide contract personnel who are competent, qualified per this performance work statement and adequately trained to perform assigned duties.

B. The Contractor is required to furnish and maintain current documentation for all persons performing under the contract.

C. Contractor shall provide five (5) Medical Technologist/Clinical Laboratory Scientist’s and five (5) Medical Laboratory Technicians/Clinical Laboratory Technicians to perform a variety of clinical laboratory testing for a total of 10 FTEs throughout the period of the contract. Contract personnel shall be under the direction of the Chief Technologist, Pathology and Laboratory Medicine Service (P&LMS) or her designee D. Contractor shall provide the COR and Chief Technologist with at least 2 resumes per position for review of qualifications and experience. Candidate resumes will be reviewed for knowledge, skills and abilities, and references may be requested and verified.

E. The Contractor shall submit the following information and documents with the proposal:

i. Copy of ASCP/AMT or current ASCP(CM)/AMT(CM) certificate

ii. copy of college degree or college transcripts

iii. current curriculum vitae material.

iv. statement of availability F. The Contractor and/or contract personnel shall return required Background Investigation paperwork within 10 calendar days of receipt from the COR.

G. Standards of Care: The contract personnel’s care shall cover the range of clinical laboratory testing as would be provided in a state-of-the-art civilian medical treatment facility.

6. CONTRACTOR PERSONNEL SECURITY REQUIREMENTS

A. The contractor shall prescreen all personnel requiring access to the computer systems to ensure they maintain a U.S. citizenship, and are able to read, write, speak, and understand the English language.

B. All contractor employees who require access to the Department of Veterans Affairs’ computer systems shall be the subject of a background investigation and must receive a favorable adjudication from the VA Office of Security and Law Enforcement prior to contract performance. This requirement is applicable to subcontractor personnel requiring the same access.

C. The Contractor shall bear the expense of obtaining background investigations. The VA is responsible for payment to the Security Investigations Center; however, upon final payment, the VA will submit a Bill of Collections to the contractor. The Contractor is responsible for reimbursement to the VA within 30 calendar days.

D. The Contracting Officer will provide the appropriate number of Background Investigation packages to the Contractor for completion. The complete package must be submitted by the Contractor will all employee information within five (5) calendar days of receipt.

E. Background Investigation – The level of background investigation commensurate with the required level of access is Minimum Background F. Position Sensitivity – The position sensitivity has been designated as Low Risk.

G. For Low-Risk Sensitivity Designation, each contractor/subcontractor employee must complete the following forms.

i. Standard Form 85, Questionnaire for Non-Sensitive Positions

ii. Optional Form 306, Declaration for Federal Employment

iii. FD 258, U.S. Department of Justice Fingerprint Applicant Chart (The Form FD258 fingerprint chart will be supplied by the Contracting Officer. This card can be taken to any local police station for fingerprints. However, local entities may assess a fee for this service. The fingerprint chart must accompany the SF 85 when returned by the contractor. As an alternative the Contractor may come to the VA (Human Resources) for this service).

H. The contractor, when notified of an unfavorable determination by the Government, shall withdraw the affected employee from working under the contract.

I. Failure to comply with contractor personnel security requirements may result in termination of the contract for default.

J. Liability Insurance: 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.

7. Records and Final Deliverables:

A. Contract personnel shall be responsible for signing in and out when in attendance. Time sheets will be used by the COR to confirm hours/day and services provided against the contractor’s invoices.

B. The preliminary and final deliverables, and all associated working papers, application source code, and other material deemed relevant by VA which have been generated by the contractor in the performance of this task order, are the exclusive property of the U.S. Government and shall be submitted to the CO after the task order.

C. The CO will be the sole authorized official to release, verbally or in writing, any data, draft deliverables, final deliverables, or any other written or printed materials pertaining to this task order. No information shall be released by the contractor. Any request for information relating to this task order, presented to the contractor, shall be submitted to the CO for response.

D. Press releases, marketing material, or any other printed or electronic documentation related to this project, shall not be publicized without the written approval of the CO.

E. The contractor shall be responsible for all other requirements contained in this PWS.

8. MEDICAL RECORDS:

A. Authorities: Contract personnel 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). Contract personnel may have access, as would other appropriate components of VA, to patient medical records including patient treatment records pertaining to drug and alcohol abuse, HIV, and sickle cell anemia, to the extent necessary to perform its contractual responsibilities. However, like other components of the Department, and not withstanding any other provisions of the contract, the Contract personnel is restricted from making disclosures of VA records, or information contained in such records, to which it may have access, except to the extent that explicit disclosure authority from VA has been received. The Contract personnel is subject to the same penalties and liabilities for unauthorized disclosures of such records as VA.

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

C. HIPAA: This contract and its requirements meet exception in 45 CFR 164.502(e), and do not require a BAA 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.

D. Disclosure: Contract personnel 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 1907.1, Health Information management and Health Records and VHA Handbook 1605.1, Privacy and Release of Information. The penalties and liabilities for the unauthorized disclosure of VA patient information mandated by the statutes and regulations mentioned above, apply to the Contractor.

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

A. Quality Management/Quality Assurance Surveillance: Contract personnel 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.

B. 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.

C. The Joint Commission (TJC), College of American Pathology (CAP), and other Special Requirements:

i. The Contractor will be responsible to ensure that contract employees providing work on this contract are fully trained and completely competent to perform the required work (see Attachment A).

ii. The Contractor is required to maintain records documenting that the performance level of contract employees working on this contract are in accordance with The Joint Commission for Accreditation of Health Care Organizations (TJC) and other regulatory requirements.

iii. Contractor’s Health Care Provider personnel shall be subject to the same quality assurance standards in meeting or exceeding current recognized national standards as established by TJC. Copies of TJC standards are available to the Contractor at www.jointcommission.org.

D. The contract employee shall perform services in accordance with VA policy, federal regulations, and Pathology & Laboratory Medicine procedures.

E. The COR will monitor the Contractor employee’s work to ensure contract compliance.

F. Notwithstanding other contract requirements, upon request by the Contracting Officer the Contractor will remove from the work site, any Contractor employee who does not comply with performance or competency requirements for the work being performed.

G. Record Keeping: CTVHCS shall establish and maintain a record keeping system that will record the hours worked by the Contractor’s employee(s). The Contractor’s employee(s) shall report to the Chief Technologist, P&LMS or designee upon arrival at the CTVHCS.

H. Contract Performance Monitoring:

i. Contractor personnel duties shall be monitored by the COR or designee.

ii. Contract employee’s compliance with VA clinical performance measure standards shall be monitored by the Chief Technologist, P&LMS or designee.

10. Performance Standards:

A. Performance Standards will be assessed according to the Quality Assurance Surveillance Program outlined in the QASP document.

11. REGISTRATION WITH CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM

A. 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 $250,000 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 Seal Logistics Center in Portsmouth, New Hampshire. 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.

B. Each Contractor whose contract award is estimated to exceed $250,000 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 at 207-438-1690.

C. 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.

D. 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.

12. GOVERNMENT RESPONSIBILITIES

A. The VA Office of Security and Law Enforcement will provide the necessary forms to the contractor, or to the contractor’s employees, after receiving a list of names and addresses.

B. Upon receipt, the VA Office of Security and Law Enforcement will review completed forms for accuracy and forward the forms to the office of Personnel Management (OPM) to conduct background investigations.

C. The VA Office of Security and Law Enforcement will notify the CO, and contractor, of adjudication results received from OMB.

D. Upon being notified about a favorable determination, the CO may issue a notice to proceed to the contractor.

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

Contracting Officer (CO): Noel “Rick” Ramirez, noel.ramirez2@va.gov

Contracting Specialist (CS): Noel “Rick” Ramirez, noel.ramirez2@va.gov

Contracting Officer’s Representative (COR): Carmen Ross, carmen.ross1@va.gov

A. CO/CS RESPONSIBILITIES:

i. The Contracting Officer is the only person authorized to approve changes or modify any of the requirements of this contract.