36C25724Q0266_1.docx

36C25724Q0266

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1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

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

36C257-24-AP-1367

36C25724Q0266 02- 9-2024 Carolyn Reneau, Contract Specialist 214-836-0603 03-29-2024 2:00 pm

CDT

36C257 Department of Veterans Affairs VHA RPO West – NCO 17 Health Care Resources Branch 11495 Turner Rd El Paso TX 79936-1372 Carolyn Reneau 214-836-0603 Carolyn.reneau@va.gov X X Y 561320 $34 Million Net 30 Days N/A X 36C257 Department of Veterans Affairs North Texas Veterans Health Care Service Dallas VA Medical Center 4500 S Lancaster Road Dallas TX 75216-7167 36C257 See Block 9

36C104 Financial Services Center (FSC) Department of Veterans Affairs invoices IAW VAAR 852.232-72 P.O. Box 149971 Austin, TX 78714-8971

(877) 353-9791

(512) 460-5540 See CONTINUATION Page Contractor shall provide Cytotechnologist services and technical assistance to the Pathology and laboratory Medicine Service (P&LMS) in accordance with the Schedule of Services and Performance Work Statement located in pages 8 through 28.

Authority: Title 38 U.S.C. §8153-Sharing of Health-Care Resources Procedures: VAAR 873 Simplified Acquisition Procedures for Health-Care Resources See Addendum to FAR 52.212-1 for submittal instructions on pages 56 - 58 The offerors shall be registered in SAM.gov and verified in SBA VetCert at the time of offer and award.

VAAR 852.273-73 Evaluation factors - Pages 63 through 65 See CONTINUATION Page To be funded by Individual Task Orders X X Carlos Jaquez

VA-VHA-RPOW-2024-0021

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

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

Point of Contact:

Title:

Phone:

Email:

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

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

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

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

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

5. INVOICES: Invoices shall be submitted in arrears:

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

For inquires only:

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

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

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

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

(End of Administration Data)

36C25724Q0266

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B.2 SCHEDULE OF SERVICES

The Contractor shall furnish one (1) Cytotechnologist certified in their respective fields by an accredited program (i.e., American Society of Clinical Pathologists) to provide services and technical assistance to the P&LMS area within the North Texas Veterans Health Care Center.

Contract Type: The Government contemplates award of a Fixed-Price (FP), Indefinite Delivery Indefinite Quantity (IDIQ) contract resulting from this solicitation.

Place of Performance: Contractor shall furnish services at any of the following locations depending on need:

Primary: Dallas VA Medical Center 4500 S Lancaster Road Dallas, TX 75216-7167

Pricing Instructions: Pricing information shall be submitted as a firm-fixed price. The quoted rate shall be submitted as an all-inclusive rate.

The Contractor shall propose one (1) Cytotechnologist to be available for scheduling to meet the requirements of the order.

Estimated Quantities: Quantities on the Schedule of Services are only estimated for one (1) Cytotechnologist for a period of a base year plus four (4) one-year options. The Government will only pay for actual hours worked.

Contractual minimum and maximum: the guaranteed minimum contract amount, including the base year and any option years exercised, is $80.00 and the maximum contract amount, including the base year and any option years exercised, shall not exceed $1,000,000.00. The Government does not guarantee that it will place any orders under this contract in excess of the guaranteed minimum award amounts.

Orders: Orders shall be placed against this IDIQ contract at the time of contract award, and as needed during the term of the contract. The Task Orders shall specify the estimated quantities of services for the period of performance and shall comply with FAR 52.216-18 and 52.216-19.

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

Note 1: 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 proposals relative to each other, and will not affect the ranking of proposals based on price, unless, after reviewing the proposals, the Government determines that there is a basis for finding otherwise. This evaluation will not obligate the Government to exercise any option under FAR 52.217-8.

Period of Performance:

Option Year One May 1, 2025 through April 30, 2026

Option Year Two May 1, 2026 through April 30, 2027

Option Year Three May 1, 2027 through April 30, 2028

Option Year Four May 1, 2028 through April 30, 2029

(End of Schedule of Services)

Page 1 of

B.3 PERFORMANCE WORK STATEMENT

1. GENERAL

1.1. Background: The North Texas Veterans Health Care System (NTVHCS) is committed to providing quality care to our Veteran population. The mission of Pathology and Laboratory Medicine Service (P&LMS) is to provide timely Laboratory testing services to the clinicians for the diagnosis and treatment of all veterans. The services provided are comprehensive and reflect a national standard of practice. However, the P&LMS is currently experiencing a shortage of Cytotechnologists to meet its own requirements and patient care is being delayed. Therefore, to meet the clinical needs of our patients, NTVHCS is seeking a contract for full time Cytotechnologists based on VA vacancies.

1.2. Services Required: The Contractor shall furnish one (1) Cytotechnologist certified in their respective fields by an accredited program (i.e., American Society of Clinical Pathologists) to provide services and technical assistance to the P&LMS area within the NTVHCS. The services to be performed by the contractor shall be performed in accordance with VA policies and procedures and the regulations of medical staff by laws of the VA facility. Contractor is required to maintain medical liability insurance for the duration of this contract. Contractor shall indemnify the Government for any liability producing act or omission by the Cytotechnologists and occurring during this contract.

1.3. Place of Performance: Contractor shall furnish services at the Dallas VA Medical Center, 4500 S Lancaster Rd. Dallas, TX 75216-7167.

1.4. Authority: Title 38 U.S.C. §8153-Sharing of Health-Care Resources.

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

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

1.5.2. VHA Handbook 1100.18: Reporting And Responding To State Licensing Boards, https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=9174

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

1.5.4. VHA Handbook 1106.01: Pathology and Laboratory Medicine Service (P&LMS) Procedures, https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=3169

1.5.5. VHA Directive 1907.01: Health Information Management and Health Records, https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=9235

1.5.6. VHA Directive 1003.04: VHA Patient Advocacy, https://vaww.va.gov/vhapublications/ViewPublication.asp?pub_ID=5970

1.5.7. VHA Directive 1088: Communicating Test Results to Providers and Patients, https://vaww.va.gov/vhapublications/ViewPublication.asp?pub_ID=3148

1.5.8. VHA Directive 1192.01: Seasonal Influenza Prevention Program, https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=8948

1.5.9. VHA Directive 1220(1): Facility Procedure Complexity Designation Requirements to Perform Invasive Procedures in Any Clinical Setting, https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=8365

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

1.5.11. VA Directive 1850.04(1): Employee Uniforms, https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=5377

1.5.12. VHA Directive 2012-030: Credentialing of Health Care Professionals, https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=2815

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

1.6. Definitions/Acronyms: Terms used in this agreement 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 agreement, the language in this section shall govern.

AOD: Admitting Officer of the Day BPA: Blanket Purchase Agreement CAP: College of American Pathologists CDC: Centers for Disease Control and Prevention CDR: Contract Discrepancy Report CEU: Certified Education Unit CME: Continuing Medical Education CMS: Centers for Medicare and Medicaid Services CO: Contracting Officer executing this contract on behalf of the Government with the authority to enter into and administer contracts and make related determinations and findings.

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

COS: Chief of Staff CPARS: Contractor Performance Assessment Reporting System CPRS: Computerized Patient Record keeping System Credentialing: Credentialing is the systematic process of screening and evaluating qualification and other credentials, including licensure, required education, relevant training and experience and current competence and health status.

FSMB: Federation of State Medical Boards FSS: Federal Supply Schedule FTE: Full Time Equivalent, VA’s definition for full time - working the equivalent of 80 hours every two weeks, 2080 hours per year. In calculating FTE, any hours not worked on national holidays shall not be included.

HHS: Department of Health and Human Services HICPAC: Healthcare Infection Control Practices Advisory Committee – a federal advisory committee made up of 14 external infection control experts who provide advice and guidance to the CDC and the Secretary of HHS regarding the practice of health care infection control, strategies for surveillance and prevention and control of health care associated infections in United States.

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

NPPES: National Plan and Provider Enumeration System PBT: Phlebotomists POP: Period of Performance PPD: Purified Protein Derivative PWS: Performance Work Statement Privileging (Clinical Privileging): Privileging is the process by which a practitioner, licensed for independent practice; e.g., without supervision, direction, required sponsor, preceptor, mandatory collaboration, etc.; is permitted by law and the facility to practice independently, to provide specific medical or other patient care services within the scope of the individual’s license, based upon the individual’s clinical competence as determined by peer references, professional experience, health status, education, training and licensure. Clinical privileges must be facility-specific and provider-specific.

P&LMS: Pathology and Laboratory Medicine Service QA/QI: Quality Assurance/Quality Improvement QASP: Quality Assurance Surveillance Plan QMP: Quality Management Program SPE: Senior Procurement Executive NTVHCS: North Texas Veterans Health Care System TJC: The Joint Commission VA: Department of Veterans Affairs VAMC: Veteran Affairs Medical Center VetPro: A federal web-based credentialing program for healthcare providers.

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

VISTA: Veterans Integrated Systems Technology Architecture is 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.

2. QUALIFICATIONS

2.1. Staff/Facility:

2.1.1. The contractor shall provide the following personnel:

2.1.1.1. One (1) Cytotechnologist, which will possess the following minimum qualifications:

● A baccalaureate degree and graduation from a Commission on Accreditation of Allied Health Education Programs (CAAHEP) cytotechnology program

● Certification by ASCP as a Cytologist (CT)

2.1.2. Technical Proficiency: Contractor’s technician(s)/technologist(s) shall be technically proficient in the skills necessary to fulfill the government’s requirements, including the ability to speak, understand, read, and write English fluently. Contractor shall provide documents upon request to the CO/COR to verify current and ongoing competency, skills, and certification related to the services performed. Contractor shall provide verifiable evidence of all educational and training experiences including any gaps in educational history for all contractor’s technician(s)/technologist(s) and shall be responsible for abiding by the Facility's rules, and regulations (referenced herein) that govern medical staff behavior.

2.1.2.1. Resume/Curriculum Vitae: Contractor shall provide a current resume/curriculum vitae for qualified technician(s)/technologist(s). Resumes should document current and previous experience in providing Cytotechnologists shall have as minimum one (1) year experience. The curriculum vitae must include three (3) references (name, address, capacity, telephone) including the current or last supervisor.

2.1.2.2. Computer Literacy: Agreement personnel shall have the knowledge and ability to use computers and technology efficiently.

2.1.2.3. Technical Direction: The qualifications of Contractor personnel are subject to review by the Laboratory Manager or his/her designee.

2.1.3. Credentialing and Privileging: Credentialing and privileging is to be done in accordance with the provisions of VHA Handbook 1100.19 referenced above. The Contractor is responsible to ensure that proposed technician(s)/technologist(s) possesses the requisite credentials enabling the granting of privileges. No services shall be provided by any contractor’s technician(s)/technologist(s) prior to obtaining approval by the Dallas VA Medical Center, 4500 S Lancaster Rd. Dallas, TX 75216-7167., if applicable.

2.1.3.1. If a contractor’s technician(s)/technologist(s) is not credentialed and privileged or has credentials/privileges suspended or revoked, the Contractor shall furnish an acceptable substitute without any additional cost to the government.

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

2.1.5. Standard Personnel Testing (PPD, etc.): Contractor shall provide proof of the following tests for technician(s)/technologist(s) within five (5) calendar days after agreement award and prior to the first duty shift to the COR and Contracting Officer. Tests shall be current within the past year and these are applicable to all health care workers.

2.1.5.1. TUBERCULOSIS TESTING: Contractor shall provide proof of a negative Tuberculosis Skin Test (TST) or Interferon-Gamma Release Assays (IGRA) for all Contractor’s technician(s)/technologist(s). A negative chest radiographic report for active tuberculosis shall be provided in cases of positive TST or IGRA results.

2.1.5.2. MEASLES, MUMPS, & RUBELLA TESTING: Contractors shall provide proof of immunity for all Contractor’s technician(s)/technologist(s).

2.1.5.3. VARICELLA: Contractors shall provide proof of immunity for all Contractor’s technician(s)/technologist(s).

2.1.5.4. ACELLULAR PERTUSSIS: Contractors shall provide proof of one (1) dose of Tdap vaccination for all Contractor’s technician(s)/technologist(s).

2.1.5.5. INFLUENZA: Contractors shall provide proof that all Contractor’s technician(s)/technologist(s) have received the annual Influenza vaccine unless it is contraindicated. If the Contractor’s technician(s)/technologist(s) has a medical contraindication to the vaccine, they shall be required to wear a mask during the Influenza season.

2.1.5.6. COVID: Contractors shall provide proof that all Contractor’s technician(s)/technologist(s) have received the COVID-19 vaccine unless it is contraindicated. If the Contractor’s technician(s)/technologist(s) has a medical contraindication to the vaccine, they shall be required to wear a mask during the duration of the agreement.

2.1.5.7. OSHA REGULATION CONCERNING OCCUPATIONAL EXPOSURE TO BLOODBORNE PATHOGENS: Contractor shall provide evidence of completing and passing generic self-study blood-borne pathogen training for all Contractor’s technician(s)/technologist(s); provide their own Hepatitis B vaccination series and Hepatitis B surface antigen test results following the Hepatitis B vaccination series; maintain an exposure determination and control plan; maintain required records; and ensure that proper follow-up evaluation is provided following an exposure incident.

2.1.5.8. The VAMC shall notify the Contractor of any significant communicable disease exposures as appropriate. Contractor shall adhere to current CDC/HICPAC Guideline for Infection Control in health care personnel (as published in American Journal for Infection Control - AJIC 1998; 26:289-354 http://www.cdc.gov/hicpac/pdf/InfectControl98.pdf for disease control. Contractor shall provide follow up documentation of clearance to return to the workplace prior to their return.

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

2.1.7. Citizenship related Requirements:

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

2.1.7.2. While performing services for the Department of Veterans Affairs, the Contractor shall not knowingly employ, agreement or subcontract with an illegal alien; foreign national non-immigrant who is in violation their status, as a result of their failure to maintain or comply with the terms and conditions of their admission into the United States. Additionally, the Contractor is required to comply with all “E-Verify” requirements consistent with “Executive Order 12989” and any related pertinent Amendments, as well as applicable Federal Acquisition Regulations.

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

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

2.1.7.5. The Contractor agrees to obtain a similar certification from its subcontractors. The certification shall be made as part of the offerors response to the Request for Quote (RFQ) using the subject attachment in Section D of the solicitation document.

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

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

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

2.2. Clinical/Professional Performance: 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 performance monitoring and review of all clinical personnel covered by this agreement for quality purposes will be provided by the VAMC COS and/or the Chief of the Service or his designee. A clinical COR may be appointed, however, only the CO is authorized to consider any agreement modification request and/or make changes to the agreement during the administration of the resultant agreement.

2.3. Non-Personal Healthcare Services: The parties agree that the Contractor and all contractor’s technician(s)/technologist(s) shall not be considered VA employees for any purpose.

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

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

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

2.7. No Employee status: The Contractor shall be responsible for protecting Contractor’s technician(s)/technologist(s) 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 agreement:

2.7.1. Workers’ compensation

2.7.2. Professional liability insurance

2.7.3. Health examinations

2.7.4. Income tax withholding

2.7.5. Social security payments

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

2.9. Key Personnel:

2.9.1. VA Full Time Equivalency (FTE): FTE is defined by VA as a minimum of 80 hours every two weeks and does not include holidays.

2.9.2. The minimum number of Contractor Technician(s)/Technologist(s) required to be on site on a daily basis is one Cytotechnologist as defined in paragraph 3.1. VA Business Hours.

2.9.3. The Contractor shall be responsible for providing coverage to the VA during extended periods of vacancies of the Contractor’s personnel due to sick leave, personal leave, vacations, and additional coverage as required.

2.9.4. Personnel Substitutions: During the first ninety (90) calendar days of performance, the Contractor shall make NO substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the CO, in writing, within two (2) calendar day(s) after the occurrence of any of these events and provide the information required below. After 90 days, the Contractor shall submit the information required below to the CO at least 15 calendar days prior to making any permanent substitutions.

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

2.9.5. Right of Refusal: The Government reserves the right to refuse acceptance of any Contractor personnel at any time after performance begins, if personal or professional conduct jeopardizes patient care or interferes with the regular and ordinary operation of the facility. Breaches of conduct include intoxication or debilitation resulting from drug use, theft, patient abuse, dereliction, or negligence in performing directed tasks, or other conduct resulting in formal complaints by patient or other staff members to designated Government representatives. Standards for conduct shall mirror those prescribed by current federal personnel regulations. Should the VA COS or designee show documented clinical problems or continual unprofessional behavior/actions with any Contractor’s technician(s)/technologist(s), she/he may request, without cause, immediate replacement of said Contractor’s technician(s)/technologist(s). The CO and COR shall deal with issues raised concerning Contractor’s technician(s)/technologist(s) conduct. The final arbiter on questions of acceptability is the CO.

2.9.6. Contingency Plan: Because continuity of care is an essential part of NTVHCS’s medical services, the Contractor shall have a contingency plan in place to be utilized if the Contractor’s technician(s)/technologist(s) leaves Contractor’s employment or is unable to continue performance in accordance with the terms and conditions of the resulting agreement. A copy of this contingency plan shall be submitted with the proposal and updated throughout the period of performance.

2.9.7. Acceptance of Personnel: Contractor shall ensure that all contractor personnel have met qualifying criteria, including current and valid certifications. Ultimately, the decision to reject and accept Contractor Staff rests with the Department of Veterans Affairs.

3. VA HOURS OF OPERATION/SCHEDULING

3.1. VA Business Hours: Technician(s) shall work 40 hours per week from Monday through Friday (M-F) shift:

Dallas VA Medical Center, 4500 S Lancaster Rd. Dallas, TX 75216-7167, shifts are M-F from:

Shifts may vary based on the needs of the service.

3.1.1. All shifts will include a 30-minute meal break, and two 15-minute breaks based on workload and staffing. The Government will not pay for the 30 minutes meal break.

3.1.2. The Laboratory Manager, Laboratory Supervisor or P&LMS (or designee) shall determine, regarding VA needs, the frequency, and lengths of duty hours. Contractor’s technician(s)/technologist(s) shall be given one-week notice of schedule changes.

3.1.3. Shift Cancellation: The COR or designee will give the Contractor notification of available shifts no less than one (1) week in advance for scheduled shifts, exclusive of emergencies. Contractor personnel may be released from if their services are no longer required, however contractor personnel will only be paid for actual hours worked. Any tour of duty for Contractor’s personnel may be canceled prior to assigned shift (without penalty to VA). If Contractor personnel are released from duty prior to the end of the scheduled shift VA will notify the Contractor and Contractor will only be paid for actual hours worked.

3.1.4. The Contractor will submit a weekly signed time sheet of hours worked indicating date, hours worked less lunch period, and total hours. This time sheet will be verified by the Laboratory Manager, Pathology and Laboratory Medicine Service, and Contracting Officers Representative (COR).

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

· New Year’s Day

· President’s Day

· Martin Luther King’s Birthday

· Memorial Day

· Juneteenth Day

· Independence Day

· Labor Day

· Columbus Day

· Veterans Day

· Thanksgiving

· Christmas

· Any day specifically declared to be a national holiday.

3.2.1. When one of the above designated legal holidays falls on a Sunday, the following Monday shall be observed as the legal holiday. When a legal holiday falls on a Saturday, the preceding Friday is observed as a holiday by the U.S. Government agencies. An administrative closure of federal offices by Executive Order is not a national holiday for the purpose of holiday pay.

3.3. Changes: Only those services specified herein are authorized. Before performing any service of a non-agreement nature, the Contractor shall advise the Contracting Officer of the reasons for the additional work. Changes to the resulting agreement are not authorized, unless in writing by the Contracting Officer. Contractor shall, in writing, keep the Contracting Officer informed of any unusual circumstances in conjunction with the agreement.

3.4. Time and Attendance: The VA on a case-by-case basis may approve tardiness in excess of one (1) hour; however, payment to the contractor will be for actual hours worked. Unacceptable patterns of tardiness or no shows may result in a poor performance rating of the contractor which may adversely affect future government agreements. After one (1) hour of tardiness, a Contractor’s employee will be considered a no show or upon need may be required to stay. Repeated Tardiness or no show can lead to removal of Contractor employee from approved staff list. All time off request must be submitted at minimum two weeks before requested time off to the COR for approval. Contractor must provide a call-in system and phone number that tracks any call outs and attendance.

4. CONTRACTOR RESPONSIBILITIES

4.1. Personnel Required: Contractor shall provide 1 Cytotechnologist to augment in-house staffing in accordance with the requirements herein. Contactor’s personnel shall provide staffing for shifts as designated by the Laboratory Supervisor or his/she assigned representative.

4.1.1. Contractor’s technician(s)/technologist(s) shall be responsible for signing in and out when in attendance. Time Sheets will be tracked by COR and turned into the COR by Friday of each week. Time sheets will be used by the COR to confirm hours/day and services provided against the contractor’s invoices.

4.2. Functions of the Certified Cytotechnologists:

4.2.1. Introduction: In area of assignment within the North Texas Veterans Healthcare Systems the technician(s)/technologist(s) provides indirect care. The position requires the ability to follow directions, determine priorities as they relate to patient care needs, within the scope of a Certified Cytotechnologist, organization skills and observational skills.

4.2.2. Organizational Relationship: The Certified Cytotechnologist is subject to the professional direction of the VA Laboratory Supervisor or designee.

4.2.3. Functions: The services of Certified Cytotechnologist shall be provided in accordance with the policies of the VA Healthcare System where assigned. The Cytotechnologist provides the following services:

4.2.3.1. Verify patient identified by confirming two (2) patient identifiers, per VA policy (patient name, date of birth and/or social security number) prior to accepting or collecting specimens for processing or testing performing. Differences in patient identification will be reconciled and corrected before accepting patient samples.

4.2.3.2. Perform duties within the scope of the Cytotechnologist professional certification.

4.2.3.3. Collect adequate and properly labeled specimens.

4.2.3.4. Properly determine current clinician orders in the computer, per Laboratory procedures.

4.2.3.5. Pulling lab orders out of the computer.

4.2.3.6. Process specimens for testing and/or shipment to another laboratory for testing.

4.2.3.7. Promote a harmonious and cooperative working environment in their interaction with co-workers and supervisors.

4.2.3.8. Follow all North Texas Health Care System guidelines and VA policies.

4.2.3.9. Maintains adequate stock of supplies and rotates stock as needed to ensure supplies are used according to expiration dates.

4.2.3.10. Assists in cleaning and maintaining all used equipment and workspace on a daily basis.

4.2.3.11. Receives specimens and accompanying request forms for any of the tests that can be performed, and checks each for proper identification.

4.2.3.12. Accessions orders by use of computer system.

4.2.3.13. Files results of completed laboratory tests.

4.2.3.14. Capable of reading Standard Operating Procedures (SOP) and adhering them to the current laboratory process.

4.2.3.15. Clearly communicate the daily status and problems about the laboratory output to team members and senior management of the service.

4.2.3.16. Accession and process laboratory specimens in accordance with VA, The Joint Commission, and College of American Pathologists.

4.2.3.17. The section supervisor will assign daily workload, assure proper staffing coverage; evaluate training records; and determine training needs of staff to provide support across interdisciplinary settings. The supervisor is to track assigned staff’s hours and provide a report to the COR every Friday. The supervisor shall communicate all requests for time off to the COR and Contractor for approval.

4.2.4. Physical Demands:

4.2.4.1. Work requires extended periods of staying in one position, sitting, or standing, and some light (less than 40 pounds) lifting.

4.2.4.2. Attention to detail and concentration when verifying patient identification and test request data, and when accessioning and labeling specimens.

4.2.4.3. This may be intermittent with periods requiring physical activity such as walking moderate distances.

4.2.5. Healthcare Industry Standards: Contractor personnel shall perform services in accordance with ethical, professional, and technical standards of the healthcare industry consistent with VA policy, regulations, procedures, and protocol. Contractor Personnel shall be technically proficient in the skills necessary to fulfill the requirements stated herein.

4.2.6. Personal Hygiene and Clothing: Contractor’s personnel shall be neat, clean, well-groomed and shall otherwise exercise good personal hygiene. Appropriate and professional attire shall always be worn while on duty at NTVHCS facilities.

4.2.7. Dress Code: Contractor’s personnel will abide by the facility and service dress code, which will be provided during initial orientation and training. A lab coat will be provided as personal protective equipment and will be laundered by the VA, unless disposable lab coats are provided.

4.2.8. Health Restrictions: Contractor’s personnel shall have no health or physical disability restrictions which interfere with the performance of duties and shall have a current physical.

4.2.9.