36C25723Q0826 0001.docx

36C25723Q0826

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 NUMBERE

D 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 amendmen t, 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) na 36C257 Department of Veterans Affairs El Paso Contracting Office RPO West / NCO 17 11495 Turner Road El Paso TX 79936-1372 Nesha Nelson nesha.nelson@va.gov See Block #6

To all Offerors/Bidders

36C25723Q0826 10-11-2023

X

See CONTINUATION Page X The purpose of this amendment is to update the correct RFQ document.

a. All other terms and conditions remain in full force and effect.

Marisela Galarza Contracting Officer

PAGE 1 OF

1. R

EQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10.

THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL

BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b.

RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF

SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT

ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ____________________

____________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH

HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR

PRINT)

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

none 36C25723Q0826 10- -2023 Nesha Nelson, Contract Specialist 915-217-1250 10- -2023

12:00 PM

MDT

36C257 Department of Veterans Affairs El Paso Contracting Office RPO West / NCO 17 11495 Turner Road El Paso TX 79936-1372 Nesha Nelson nesha.nelson@va.gov X 621111 $16 Million N/A X 36C504 Department of Veterans Affairs Amarillo VA Health Care System ATTN: Laboratory Section Amarillo Blvd, West Amarillo TX 76106-1991 See Block #9 none Financial Services Center (FSC) Department of Veterans Affairs P.O. Box 149971 Austin TX 78714-8971 See CONTINUATION Page Pathology Services to provide all necessary labor, consultation, assistance, and expertise to provide pathology coverage / on-call services to include surgical, non-GYN cytology, and bone marrow cases.

Authority: Title 38 USC 8153 All services provided shall be in accordance with the Schedule of Services included within this solicitation and Performance Work Statement.

See FAR 52.212-1 for submittal instructions.

See CONTINUATION Page X X X Marisela Galarza Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

Company Name

Point of Contact

Phone Number

Email Address

Tax ID Number

Unique Entity Identifier (UEI)

b. GOVERNMENT:

Nesha Nelson, Contract Specialist Department of Veterans Affairs El Paso Contracting Office RPO West / NCO 17 11495 Turner Road El Paso TX 79936-1372 Nesha.nelson@va.gov

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

3. INVOICES: Invoices shall be submitted in arrears:

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

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

B.2 SCHEDULE OF SERVICES

Line-Item Number

1/1/2024 - 12/31/2024

Total BASE Year

Total Option Year 1

Total Option Year 2

Total Option Year 3

Total Option Year 4

This is an Indefinite Delivery, Indefinite Quantity, (IDIQ) fixed-price contract for a base year plus four (12 month) option years. Prices in this schedule represent an all-inclusive rate. In accordance with FAR Clause 52.216-22, the guaranteed minimum amount for this contract is $25,000.00. The maximum aggregate value of the orders that can be placed under this contract is estimated at $3,000,000.00. The Government does not guarantee that it will place any orders under this contract in excess of the guaranteed minimum amount.

The Government will only pay for the number of hours actually worked as indicated on the time sheets the Contractor submits to the Government in accordance with the Performance Work Statement. The hours and months listed within this schedule are what the Government expects to expend throughout the duration of any contract resulting from this solicitation.

Note: Pricing for Option #4 CLINs shall remain the same if the CO exercises extension using FAR 52.217-8. “The Government may require continued performance of any services within the limits and at the rates specified in the last awarded Option Year. See 52.217-8 OPTION TO EXTEND SERVICES.

B.3 PERFORMANCE WORK STATEMENT

A. GENERAL Information

1.0 Scope and Objectives

1.1 Under the authority of public law 104-262 and 38 USC 8153, the Contractor agrees to provide Health Care Resources and Pathology support services, in a firm fixed price in accordance with the terms and conditions stated herein, to the Department of Veteran Affairs Medical Center, for the Amarillo Veteran Affairs Health Care System (AVAHCS), Amarillo, Texas.

1.2 The contractor shall provide all resources necessary to accomplish the services described in the Performance Work Statement (PWS) except as may otherwise be specified. All professionals providing services under the terms of this contract will be board certified in Anatomical and Clinical Pathology as described herein and possess the requisite skills and experience to perform the services defined in this work statement.

1.3 VA by-laws and the VA central office rules state that any pathologists for this department shall be Board Certified in Anatomical and Clinical Pathology. Intent is to procure 1.7 FTE Physician Services coded as 100% patient care as well as call coverage to maintain 24/7 coverage at all times.

1.4 Due to the nature of this acquisition and to ensure the continuity of services, this will not be an agency locum tenens contract.

2.0 Services

2.1 The Contractor shall provide all necessary labor, consultation, assistance, and expertise with to provide pathology coverage, services, and routine reports within 3 (three) working days to include:

2.1.a Surgical (including gross only), non-GYN cytology, peripheral smear, and bone marrow cases.

(400 hours). This is expected to be used to cover any leave usage by the VA pathologist(s), but can be used at the discretion of the VA. All days will be determined at the discretion of the VA. Cases collected on a Saturday, Sunday or Federal Holiday will count as arriving on the next business day for workload purposes.

2.1.d. The Contractor shall perform up to 200 non-GYN cytology cases a year for consultation/review as part of the above coverage and as otherwise needed by the

VA.

2.1.e. The Contractor shall perform up to 240 First Time Malignant reviews a year on cases from the VA Pathologist to include a written confirmation if the diagnosis is confirmed.

2.1.f. The contractor shall provide On-Call Services, as required, M - F (1630-0800), and Saturday and Sunday (24-hour coverage) as required, with a 20-minute response time, from time of notification from the VA. If the VA Pathologist is on leave or unavailable, On-Call Services will be provided M - F 0800-1630 as well. Payment is made for additional services through the VA laboratory fee-basis budget.

2.1.g. OB-GYN specimens which include, but are not limited to cervical cones, cervical biopsies, endometrial biopsies, hysterectomies, salpingectomies, and oophorectomies, are rare specimens at the VA and will be sent to the Contractor for sign out and correlation with the PAP smears regardless of the day received.

2.1.h. The VA reserves the right to purchase additional 10-day blocks as needed should the work force at the VA change and/or anticipated.

2.2 All GYN pap smears (approximately 350+ per year). On all cases done by Thin Prep technique and requiring further testing, payment is made for the additional testing through the VA laboratory fee basis budget. This may also cover up to 250+ HPV testing.

2.3 Occasional consults needed “Within 30 minutes after the time that the slides are transported from the VA hospital to be taken to the consultant facility” as soon as possible and/or rare cases inadvertently sent on an incorrect day (approximately 4 cases per month).

2.4 Frozen sections when the VA pathologist(s) is/are on leave or are otherwise unavailable to perform. Cell viability –frozen sections will be finalized within 30 minutes from the time that the frozen section reaches the contractor’s facility. Contractor shall be able to meet the finalization time, after notification of arrival of frozen sections at the VA and shall directly call the results back to VA surgeon, if in the operating suite so that the surgeon can then continue the operation in a timely, safe manner.

2.5 The pathologist finalizing the case will perform the CPT, ICD10, Topography, Morphology and Tissue Committee codes for all cases finalized for Amarillo VAHCS. Completed CAP synoptic reports will be provided on all malignant cases as requested by the VA, if applicable. Coding shall be completed at off-site contracted facility, by Contracted Pathologist.

2.6 Review of 10% of to APG case work (beginning to end) from AVACHS P&LMS for random quality assurance program amongst the APG pathologists.

2.7 APG shall review 10% random case work per month per each AVAHCS pathologist to meet the quality assurance review as directed by National VHA OPPE memo.

2.8 Contractor shall provide all necessary labor, consultation, assistance, and expertise to provide FTE pathology coverage services at contracted Pathologist’s facility, off-site from VA hospital. VA courier will be responsible for delivery of all specimens to contracted pathologist/facility after pickup from Amarillo VA.

2.8.a. The technical part of the surgical cases grossed at the VA and the non-GYN cytology cases excluding urine cytology and bone marrow cases will be performed at the VA with the slides delivered by courier service to the Contractor’s facility. At the Contractor’s request, urine Thin Prep preparations will be prepared at the Contractor’s facility, whenever possible. PAP smears will be stained at the Contractors’ facility to guarantee uniform staining of the PAP smears, also at the Contractor’s request.

2.8.b. In regard to surgical pathology cases, simple cases will be grossed at the VA by the VA Pathology Assistants and/or sent to the Contractor’s facility for gross examination in the rare instance the staff at the VA is unable to process them in a timely manner (estimated <5 days/year). Complex cases will be sent to the Contractor’s facility for gross examination and Complex cases will be sent to the Contractor’s facility for grossing in.

2.8.1.b.1 Simple cases will include skin biopsies, other biopsies, hernia sacs, appendices, benign gallbladder specimens.

2.8.1.b.2 Complex cases include skin ellipses or other specimens that have sutures denoting orientation, organ resections (colectomies, prostatectomies, lung lobectomies, nephrectomies, etc.), radical neck specimens, and amputation specimens.

2.8.c. OB-GYN specimens which include, but are not limited to cervical cones, cervical biopsies, endometrial biopsies, hysterectomies, salpingectomies, and oophorectomies, are rare specimens at the VA. These specimens will be sent to the Contractor for sign out and correlation with the PAP smears regardless of the day received. PAP smears will be stained at the Contractor’s facility to guarantee uniform staining of the PAP smears. If additional testing is required beyond routine H&E sections, payment may be made for the additional testing through the VA laboratory fee-basis budget with prior approval from the VA Pathologist.

2.8.d. When Special testing (such as flow cytometry, cytogenetics, immunofluorescence studies, nontumoral muscle biopsies with muscle enzymes, stone analyses, nontumoral renal biopsy workups, molecular diagnostic studies or other esoteric tests are needed), the contractor shall notify the VA prior to testing. Consent must be given for these Special testing before the VA will pay for the fee basis lab to perform. The VA has the option to send the Special testing to another VA facility for processing. All blocks and slides for the consult case are required to be sent back to the ordering facility for purposes to send to outside consulting facility.

2.8.e. Any special stains which are available at the VA and are needed on VA cases (whether the gross was done at the Contractor’s facility or at the VA) can be performed at the VA when the Contractor requests that the VA perform the stain. This would include routine stains, Immunostains, and other special stains.

2.8.f. If a special/immunohistochemical/in situ stain is needed by either the Contractor or the VA Pathologist, the VA may elect (on a case-by-case basis) to pay for such stains through the VA fee basis budget in the interest of decreased turnaround time (TAT) and improved patient care.

2.8.g. When outside consults are needed on VA cases, the Contractor shall notify the VA personnel (preferably verbal communication at the time of finalizing) when one of the VA cases signed out by the Contractor will need to go out for consult. All blocks and slides for the consult case is required to be sent back to the ordering facility for purposes to send to outside consulting facility.

2.8.h. The finalized pathology reports will be returned to the VA electronically and remotely verified by the Contractor into VistA or any successor computer system.

2.8.i. The workload figures identified above are intended to reflect averages for planning only and should not be construed to represent actual daily workload projects. For example, there could be three (3) bone marrow cases on any given day, but on other days it would be expected that there may be none. The Contractor agrees to provide services for the specified number of days regardless of the amount of workload generated on any given day.

2.8.j The workload figures identified in this PWS should not exceed 3000 cases per year.

2.8.k The vendor may expect an unannounced site visit by the Chief of P&LMS or his designee to ensure quality of testing per performance period.

2.9 The contractor shall provide a courier service to pick up and deliver samples to and from the contractors home office for 265 days/year. Excluding government holidays. Refer to 7.3.b.2.

3.0. Accreditation

3.1 All services performed by the Contractor shall meet or exceed VA standards and at a minimum, the College of American Pathologists (CAP) standards should be met. The contractor is required to validate their competencies (to perform their duties) through the physician credentialing and re-credentialing process or Veto.

3.1.a A current performance evaluation and Quality Assurance (QA) records supporting the ability of the Contractor’s employee to successfully perform the worked required in this Solicitation.

3.1.b Listing of relevant continuing education for the last two (2) years; and 3.1.c. Anatomical Pathology Board Certification and at least one Pathologist with Hematopathology board certification.

3.2 The Contractor will provide current copies of these records at the time of contract award and annually on the anniversary date of contract award to the COTR or, upon request, for each contractor employee working on the contract.

4.0. Medical Records Requirement

contractor is not authorized to release any medical record information. The AVAHCS is the sole entity authorized to release this information upon written request submitted via facsimile or mail from the patient.

4.2 The AVAHCS will provide the Contractor with access to pertinent patient medical information, within the existing privacy rules and regulations, for the purpose of providing coordinated comprehensive medical care. Contractors shall ensure the confidentiality of all patients’ information and shall be held liable in the event of the breach of confidentiality.

5.0 Contractor-Furnished Equipment

5.1 Contractor will not be required to provide any Contractor-furnished equipment other than what is necessary to provide requested services.

6.0 Type of Contract

6.1 Firm Fixed Price for 60 months.

7.0 Special Contract Requirements

7.1. TERM OF CONTRACT

7.1.a. This contract is effective for one year from date of award, or other mutually agreed on effective dates, plus four (4) one-year option periods that may be exercised by the VA.

7.1.b. The contract is subject to the availability of funds. The contractor shall perform no services after September 30 of any year until the Contracting Officer authorizes such services in writing.

7.2 QUALIFICATIONS

7.2.a. Personnel assigned by the Contractor to perform the services covered by this contract shall be licensed in a State, Territory, or Commonwealth of the United States or the District of Columbia.

7.2.b. All licenses held by the personnel working on this contract shall be full and unrestricted licenses.

7.2.c. Contracted Pathologist/personnel are subject to approval through the credentialing process. “Credentialing and privileging is to be done in accordance with VA Directive 1663 and in accordance with the provisions of VHA Handbook 1100.19 (October 2, 2007).” Each person assigned to work under this contract shall be licensed by the Anatomical Pathology Board Certification and at least one Pathologist with Hematopathology board certification.

7.3 WORK HOURS

7.3.a. The services covered by this contract shall be furnished by the contractor as defined herein.

7.3.b. The following terms have the following meanings:

7.3.b.1 Work hours: Monday through Friday, 8:00 a.m. - 4:30 p.m.

7.3.b.2 National Holidays: The 11 holidays observed by the Federal Government are:

· New Years’ Day

· Martin Luther King Birthday

· President’s Day

· Memorial Day

· Juneteenth

· Independence Day

· Labor Day

· Columbus Day

· Veterans Day

· Thanksgiving

· Christmas

7.3.b.3. And any other day specifically declared by the President of the United States to be a national holiday.

7.3.b.4 Off-Duty hours: Monday through Friday, 4:30 p.m. - 8:00 a.m. and weekends.

7.3.b.5. 50 additional days Pathology Service coverage for primary Pathologist absence/administrative activities (as required).

7.3.b.6. On-Call Coverage Pathology Services Monday-Friday (as required) 4:30 p.m. - 8:00 a.m. 24-hour coverage in case of VA Pathologist absence, and Saturday and Sunday (24-hour coverage) as required.

7.4 PERSONNEL POLICY

7.4.a. The contractor shall be responsible for protecting the personnel furnishing services under this contract. To carry out this responsibility, the contractor shall provide the following for their personnel:

7.4.a.1. Workers’ compensation 7.4.a.2. Professional liability insurance 7.4.a.3. Health examinations 7.4.a.4. Income tax withholding, and 7.4.a.5. Social security payments.

7.4.b. The parties agree that the contractor, its employees, agents and subcontractors shall not be on side red VA employees for any purpose.

7.5 RECORDKEEPING

7.5.a. The Contractor shall establish and maintain a record keeping system that will record the hours worked by the contractor employee(s). Recorded hours (it is our intent to imply 8 hours to equal 1 day) worked shall be sent electronically to the Laboratory Manager/COR, monthly, at time of invoicing. At this time, invoices shall be sent to:

Brenda Brock, Brenda.brock@va.gov

7.6 BILLING AND INVOICING

7.6.a Monthly billing and test report summaries shall begin on the first day of the month and include the last day of the month.

7.6.b VA-FSC shall require the following information in compliance with the Prompt Pay Act and Business Requirements.

7.26.b.1 Your Taxpayer ID number (TIN) 7.6.b.2 Your “Remit Address” information 7.6.b.3 The VA Purchase Order (PO) number 7.6.b.4 Your contact information: (Personal name, Email, and Phone) 7.6.b.5 Your VA Point of contact information (Personal name, Email, and Phone) 7.6.b.6 The Period of Performance dates (POP Beginning and Ending) 7.6.b.7 All discount information if applicable (Percent and Date Terms) 7.6.b.8 Reagents used with pricing per unit 7.6.b.9 No freight charges to be added to the invoice 7.6.c Department of Veterans Affairs Financial Service Center:

Phone:1-877-353-9791 Email: vafscched@va.gov 7.6.d AVAHCS shall not be responsible for payment of services and or supplies which are not requested accordance with the contract.

7.6.e AVAHCS will NOT pay for tests that are not clearly identified by product number on the invoice.

7.6.f Invoices are to be separate for Amarillo and Lubbock laboratories but the usage of the same PO number is acceptable for billing purposes.

7.6.g Invoices will be electronically submitted to the Tungsten website at:

https://www.tungsten-network.com/customer-campaigns/veteransaffairs/ 7.6.h Tungsten direct vendor support number is 877-489-6135 for VA contracts.

7.6.i All invoices submitted through Tungsten to VA-FSC should mirror your current submission of Invoice.

7.7. CONTRACT PERFORMANCE MONITORING

7.7a. The Administrative Officer, Ms. Brenda Brock Brenda.brock@va.gov , shall be the VA official responsible for verifying contract compliance. After contract award, any incidents of contractor noncompliance as evidenced by the monitoring procedures shall be forwarded immediately to the Contracting Officer.

7.7.b. QUALITY ASSURANCE SURVIELIENCE PROGRAM (QASP) 7.7.c. The contractor shall be required to perform at a high level of professional care, defined as: consistent validation of findings through peer review of rendered services.

7.7.d. All contractor practices shall strictly adhere to current CAP standards. The contractor shall maintain an active quality assurance review and quality improvement program, which will report its activity to appropriate AVAHCS committees.

7.7.e. Quality: Upon request the Contractor shall provide copies of performance evaluations for each pathologist annually.

7.8 KEY PERSONNEL AND TEMPORARY EMERGENCY SUBSTITUTIONS

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

7.8.b. 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.

7.8.c. The Contractor shall notify the Contracting Officer, in writing, within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below.

7.8.d. After the initial 90-day period of the contract, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

7.8.e. The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes shall have comparable qualifications to those of the persons being replaced.

7.8.f. The Contracting Officer 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.

7.8.g. 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 weeks will require the procedure as stated above.

8.0 CONFIDENTIALITY

8.1 The Contractor is subject to the provisions of the Privacy Act of 1974 and the Health Insurance Portability and Accountability Act (HIPAA) as well as all applicable VA laws and regulations. Contractor shall be limited in their access to only those VISTA menus required to perform the service. Contract employees will provide the Contracting Officer on an annual basis documentation of privacy training. (See also 10. Privacy Awareness Training)

8.2 The Contractor shall keep confident the contents of all medical documents entrusted to its care. Employees of the Contractor shall not disclose to any unauthorized person, firm or corporation knowledge entrusted during performance of the contract which relates to the following, but not limited to:

8.2.a. Names of patients.

8.2.b. Names of physicians, nurses or any other employee of the medical center.

8.2.c. The type or content of any dictated reports.

8.3. All contractor personnel shall observe the requirements imposed on sensitive data and information by law, Federal regulations, VA statutes and policy, Veterans Health Administration (VHA) policy and guidelines and the associated requirements to ensure appropriate screening of all personnel (e.g., Privacy Act of 1974, Public Law 93-579, the requirements of the FPM 731, Subchapter 2 under E.O. 10450, etc.). In accordance with FPM Chapters 731 and 7s 5 CFR Ch. 1 (1-1-95 edition) and Executive Order 10450, the security risk level assigned is considered Low Risk (LR) equating to noncritical sensitive defined as "These positions have limited potential for adverse impact involving limited scope of duties without independent or semi-independent action or decision making".

CONTRACTOR PERSONNEL HAVING ACCESS TO VA COMPUTER SYSTEMS SHALL BE

REQUIRED TO UNDERGO A BACKGROUND INVESTIGATION COMMENSURATE WITH THE

LEVEL OF SECURITY RISK. THE COSTS ASSOCIATED WITH THE BACKGROUND

INVESTIGATION SHALL BE BORNE BY THE CONTRACTOR.

8.4 Investigative Process for Low Risk and Nonsensitive Positions. Unless exempted under the provisions of VA Directive 0710, appointees and contract personnel appointed to Low Risk/Nonsensitive positions must be the subjects of a National Agency Check with Written Inquiries (NACI) investigation conducted by OPM. See 5 CFR §736.201(c), Investigative Requirements. HRM at VA field facilities and VA Central Office will coordinate the initiation of the NACI investigations within 14 calendar days of an individual’s appointment, and make final suitability determinations for individuals in these positions. However, the initiation and adjudication of contract personnel will be handled by the Security and Investigations Center.

For non-citizen contract personnel, a National Agency Check with Law Enforcement and Credit (NACLC) will be initiated by the Security and Investigations Center within 14 calendar days of the individual’s placement in the position. NACLC investigations require the same forms and processes as for the NACI investigations, however with the addition of a credit check.

8.4.a. The individual must complete an original SF 85, Questionnaire for Nonsensitive Positions, one SF 87 OF 306, and an employment application consisting of a resume or OF 612. The HRM Officer or designee will provide these forms for completion to the newly appointed individual to a Low Risk/Nonsensitive position. Title 38 appointees or employees may submit, as applicable, VA Form 2850, VA Form 2850a, VA Form 2850b, or VA Form 2850c in lieu of the resume or OF 612.

8.4.b. The individual must complete all forms and return them within 5 calendar days.

Individuals hired under contract for these positions must submit their forms to the VA Law Enforcement Training Center/SIC, 2200 Fort Roots Drive, Bldg. 104, North Little Rock, AR 72114.

8.5. In order to maintain Patient Medical Records, the Contractor shall have access to the Department of Veterans Affairs System(s) of Records entitled, “Patient Medical Records - VA

(24VA136)”.

8.6 “Contractor personnel who obtain access to hardware or media which may manipulate or store drug or alcohol abuse data, sickle cell anemia treatment records, records of tests or treatment for or infection with Human Immunodeficiency Virus (HIV) or medical quality assurance records protected by 38 U.S.C. 4132 or 3305, as defined by the Department of Veterans Affairs, shall not have access to the records unless absolutely necessary to perform their contractual duties. Security of Sensitive Data (see M-11, Chapter 16, “AIS Automated Information Systems Security”, paragraph 16.09 and Appendix 16B) describe these data in greater detail. Any individual who has access to these data will disclose them to no one, including other employees of the Contractor not involved in the performance of the particular contractual duty for which access was obtained. Violation of these statutory provisions, as stated in Department regulations, by the Contractor or the Contractor’s employees, may involve imposition of criminal penalties.” The VA facilities shall provide access to the cited VA Manual provisions.

8.7 In addition to abiding by the above confidentiality statement, other statements regarding patient confidentiality and computer security may need to be signed by each contractor employee performing on this contract.

9.0 PRIVACY AWARENESS TRAINING

9.1. Privacy Training: Contractor and their sub-contractors assigned work under the contract are required to receive annual training on patient privacy as established by HIPAA statutes.

Training must meet VHA’s and the Department of Health and Human Services Standards for Privacy of Individually identifiable health information. Contractor shall provide documented proof to the contracting officer that all employees assigned work and/or having access to Protected Health Information have received annual training. Proof of training is to be forwarded to the Contracting Officer. Information on fulfilling the training requirement as stated in this paragraph can be found at https://www.ees-learning.net. For contractors and sub-contractors who do not have access to VHA computer systems, this requirement is met by receiving VHA National Privacy Training, other VHA approved privacy training or contractor furnished training that meets the requirements of the HHS standards. Completed within 30 days of contract approval and yearly thereafter.

9.2 Rules of Behavior for Automated Information Systems: Contractor personnel having access to VA Information Systems are required to read and sign a Rules of Behavior statement which outlines rules of behavior related to VA Automated Information Systems. The COR will provide, through the facility ISO, the Rules of Behavior for the respective facility.

9.3 VA Cyber Security Awareness Training: Each contractor assigned work under the contract is required to receive and document completion of VA training on Cyber Security. The requirements for fulfilling this provision can be found at https://www.ees-learning.net Contractor shall provide documented proof to the Contracting Officer that all contractor employees servicing a VA contract have received annual training. Completed within 30 days of contract approval and yearly thereafter.

9.4 A Business Associate Agreement (BAA) shall be required for any contract that requires either a SAC or a NACI or higher and that is not otherwise exempt from the requirement for a BAA.

10.0 HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (HIPAA)

10.1 In accordance with 45 CFR 164.502(e), the Privacy Rule includes exceptions to the Business Associate standard. This contract and its requirements meet the following exception and do not require a Business Associate agreement in order for Covered Entity to disclose Protected Health Information to a health care provider for treatment. Based on this exception, a Business Associate agreement is not required for this contract.

11.0 REQUIRED REGISTRATION WITH CONTRACTOR PERFORMANCE ASSESSMENT SYSTEM

(CPARS)

11.1 As prescribed in Federal Acquisition Regulation (FAR) Part 42.15, the Department of Veterans Affairs (VA) evaluates contractor past performance on all contracts that exceed $100,000, 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, Virginia. CPARS has connectivity with the Past Performance Information Retrieval System (PPIRS) database, which is available to all Federal agencies.

PPIRS is the system used to collect and retrieve performance assessment reports used in source selection determinations and completed CPARS report cards transferred to PPIRS.

CPARS also includes access to the federal awardee performance and integrity information system (FAPIIS). FAPIIS is a web-enabled application accessed via CPARS for contractor responsibility determination information.

11.2 Each contractor whose contract award is estimated to exceed $100,000 is required to register with CPARS database at the following web address: www.cpars.csd.disa.mil. Help in registering can be obtained by contacting Customer Support Desk @ DSN: 684-1690 or COMM: 207-438-1690. Registration should occur no later than thirty days after contract award, and must be kept current should there be any change to the contractor’s registered representative.

11.2.a 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 thirty days to submit any comments and re-assign the report to the VA contracting officer.

1.2.b Failure to have a current registration in the CPARS database, or to re-assign the report to the VA contracting officer within those thirty days, will result in the Government’s evaluation.

12.0 POST AWARD ORIENTATION

12.1 The Contracting Officer will schedule a post award orientation conference for contract orientation purposes as required by IL 003A3-12-04.

13.0 SECURE FAX

13.1 Please review VA Handbook 6500 that requires the following statement on all fax cover sheets be included: 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.

13.2 All others 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.

14.0 CREDENTIALING AND PRIVILEGING

14.1 Contract must state that “Credentialing and privileging is to be done in accordance with VA Directive 1663 and in accordance with the provisions of VHA Handbook 1100.19 (October 2, 2007).”

15.0 SECURITY INFORMATION

15.1 The C&A requirements do not apply and that a Security Accreditation Package is not required.

16.0 GOVERNMENT RESPONSIBILITIES

16.1 CONTRACT ADMINISTRATION/PERFORMANCE MONITORING: Contract Administration:

After award of task order, all inquiries and correspondence relative to the administration of the task order shall be addressed to:

16.1.a Contract Specialist:

Nesha Nelson 11495 Turner Road, El Paso, TX 79936-1372

Marisela Galarza 11495 Turner Road, El Paso, TX 79936-1372 Phone : 915-217-1242/ Email : Marisela.galarza@va.gov 16.1.c. Contracting Officer Technical Representative:

Brenda Brock, Laboratory Manager/ Quality/ COR II Thomas E. Creek VAHCS 6010 Amarillo Blvd., West, Amarillo, Texas 79106 Phone: 806-355-9703, ext. 7510 Fax: 806-468-1832/ Email: Brenda.brock@va.gov

16.2. CO RESPONSIBILITIES:

16.2.a The Contracting Officer is the only person authorized to approve change or modify any of the requirements of this task order. The Contractor shall communicate with the Contracting Officer on all matters pertaining to task order administration. Only the Contracting Officer is authorized to make commitments or issue any modification to include (but not limited to) terms affecting price, quantity or quality of performance of this task order.

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

16.2.c In the event that contracted services do not meet quality and/or safety expectations, the best remedy will be implemented, to include but not limited to a targeted and time limited performance improvement plan; increased monitoring of the contracted services: consultation or training for the task order staff to be provided by the VA or the contract agency as indicated, replacement of the contract staff and/or renegotiation of the task order terms or termination of the task order.

16.2.d The Contracting Officer or designee shall forward the completed background investigation to the Office of Security and Law Enforcement for adjudication. The Office of Security and law Enforcement shall notify the Contracting Officer and the Contractor after adjudicating the results of the background investigations received from OPM/Contracting Officer. Contracting Officer or designee will provide the necessary forms to the Contractor or to the Contractor’s employees after candidate selection.

16.2.e. Contracting Officer shall ensure that the Contractor provides evidence that investigations have been completed or are in the process of being requested.

16.3 COR Responsibilities:

16.3.a. The COR shall be the VA official responsible for verifying task order compliance.

After task order award, any incidents of Contractor or Contractor noncompliance as evidenced by the monitoring procedures shall be forwarded immediately to the Contracting Officer.

16.3.b. The COR will be responsible for monitoring the Contractors performance to ensure all specifications and requirements are fulfilled.

16.3.c. The COR will maintain a record-keeping system of services by Excel Spreadsheet and OLCS. The COR will review this data monthly when invoices are received and certify all invoices for payment by comparing the itemized statement of services performed by patient name or by case number with the documented VA record-keeping system and those on the itemized invoices. Any evidence of the Contractor's or Contractor’s staff non-compliance as evidenced by the monitoring procedures shall be forwarded immediately to the Contracting Officer.

16.3.d. The COR will review…