36C25918R0596-000.docx

FedBizOpps Sources Sought Notice

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ADDITIONAL INFORMATION

GENERAL INFORMATION

PLACE OF PERFORMANCE

* = Required Field FedBizOpps Sources Sought Notice Rev. March 2010 Q Orthopedic Long Term Contract 80111 36C25918R0596 07-20-2018 N 621111 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111 The purpose for this sources sought notice is to locate interested companies that can furnish the REQUIREMENTS listed in the PWS that is attached.

Offeror's capability to meet this requirement including any current contracts (Civilian or Government) to include meeting the below listed accreditations or similar standards, facility description, capabilities, and certifications.

Responses must show clear and convincing evidence that your company and its employees have the capabilities, training, and qualifications to provide this service to be considered as a source.

The following information is requested in a response to this RFI:

1. General Company information- Offeror's company name, DUNS, full address, point of contact, title, phone number, and email address.

Name: ____________________________________________

Address: ____________________________________

Contact Person: _______________________________________

Phone number: __________________________________________

Email address: __________________________________________

DUNS number: _________________________________________

Cage Code Number: _______________________________

Company website if available: _______________________________________

2. Business Type – Please put a check mark or circle around the type of business you are below:

a) Large

b) 8(a)

c) HubZone

d) Small Business

e) Small Disadvantaged Business

f) Woman Owned Small Business

g) Service Disabled Veteran Owned Small Business

h) Veteran Owned Small Business

***Note - All Veteran Owned Businesses must be registered in VetBiz at http://www.vip.vetbiz.gov/general_user/register/default.asp to be considered a Veteran Owned Business. Socioeconomic status (whether Service Disable Veteran Owned Small Business (SDVOSB), Veteran Owned Small Business (VOSB), Hubzone, 8(a), Woman Owned, Small Disadvantaged, etc.). If stating SDVOSB or VOSB status, your company must be verified with the seal/icon or show pending verification in VetBiz Registry (https://www.vip.vetbiz.gov//) to be considered as a SDVOSB or VOSB source.

3. How long has your company provided these services?

4. Provide information for any current or past VA contracts for these products and services.

5. Is your company registered in the System for Award Management at WWW.SAM.GOV?

The NAICS code for the procurement is 621111 and the small business size standard is $11.0 Million dollars.

Any future RFP will be conducted in accordance with FAR Parts 12 and 15. The Government may elect to award a Firm Fixed Price contract resulting from the solicitation.

Responses to this market survey should be e mailed to kevin.pollard2@va.gov No telephone responses will be accepted.

Please provide a detailed response to the below Performance Work Statement stating how you can meet all aspects stated.

It is requested that responses be received no later than 3:00 pm Central, July 20th, 2018.

No solicitation document is available at this time; this notice is to acquire information only. Vendors interested in providing an offer will have to respond to a separate solicitation announcement.

SCHEDULE OF SERVICES

The Contractor shall furnish all personnel to provide services necessary to perform onsite Orthopedic Physician Services to eligible beneficiaries of the Department of Veterans Affairs Medical Center, VA Medical Center (hereinafter referred to as VAMC). The contractor’s physician (s)’ care shall cover the range of Orthopedic services as would be provided in a state-of-the-art civilian medical treatment facility and the standard of care shall be of a quality, meeting or exceeding currently recognized national standards http://www.aaos.org/research/guidelines/guide.asp as established by the American Academy of Orthopedic Surgeons (AOS) http://www.aaos.org/.

Place of Performance: Services shall be provided on site, VAMC 1055 Clermont St. Denver, CO 80220.

Pricing Instructions:

The offeror is instructed to edit the number of sub-clins to correspond with the number of key personnel submitted for the contract line item number (CLIN). Affiliate Offerors shall include the “title” of the personnel submitted. Other commercial health care Offerors shall identify by title/position or level of experience the key personnel submitted. Also, renumber SUB-CLINs if adding or removing Key Personnel.

The offeror is instructed to include all other than price and cost information supporting the proposed price as directed in Instructions to Offerors addendum to 52.212-1 and/or Section D- Contract Documents, Exhibits, or attachments, VA Directive 1663 Appendix B

The Contractor shall propose 1.7 FTEE key personnel to be credentialed and be available for scheduling to meet the requirements of the contract.

One FTE is defined by VA as a minimum of 80 hours every two week per year and does not include holidays.

Period of Performance: BASE YEAR: February 1 2019 to January 31 2020 Option Year 1: February 1 2020 through January 31 2021 Option Year 2: February 1 2021 through January 31 2022 Option Year 3: February 1 2022 through January 31 2023 Option Year 4: February 1 2023 through January 31 2024

Annual Cost

(1. Business Hours: The VA operating rooms hours are Monday 830am to 400pm and Tuesday through Friday 800am to 4pm. Clinic hours are Monday through Friday 800am to 430pm for clinic hours. The contractor must be present at the VA facility and must be performing the required services for the period specified in the contract or the contract cost will be decreased accordingly during each billing cycle.

(2. On Call Coverage: Monday through Friday 330pm to 700am (operating room) or 430pm to 800am (clinic and all Saturday and Sundays.

KEY PERSONNEL

NAME:____________

TITLE/LEVEL OF EXPERIENCE:____________

TOTAL FOR BASE

Hours

OPTION YEAR 1: February 1 2020 through January 31 2021

Annual Cost

(3. Business Hours: The VA operating rooms hours are Monday 830am to 400pm and Tuesday through Friday 800am to 4pm. Clinic hours are Monday through Friday 800am to 430pm for clinic hours. The contractor must be present at the VA facility and must be performing the required services for the period specified in the contract or the contract cost will be decreased accordingly during each billing cycle.

1) On Call Coverage: Monday through Friday 330pm to 700am (operating room) or 430pm to 800am (clinic and all Saturday and Sundays.

OPTION YEAR 2: February 1 2021 through January 31 2022

Annual Cost

(4. Business Hours: The VA operating rooms hours are Monday 830am to 400pm and Tuesday through Friday 800am to 4pm. Clinic hours are Monday through Friday 800am to 430pm for clinic hours. The contractor must be present at the VA facility and must be performing the required services for the period specified in the contract or the contract cost will be decreased accordingly during each billing cycle.

1) On Call Coverage: Monday through Friday 330pm to 700am (operating room) or 430pm to 800am (clinic and all Saturday and Sundays.

Option Year 3: February 1 2022 through January 31 2023

Annual Cost

(5. Business Hours: The VA operating rooms hours are Monday 830am to 400pm and Tuesday through Friday 800am to 4pm. Clinic hours are Monday through Friday 800am to 430pm for clinic hours. The contractor must be present at the VA facility and must be performing the required services for the period specified in the contract or the contract cost will be decreased accordingly during each billing cycle.

(6. On Call Coverage: Monday through Friday 330pm to 700am (operating room) or 430pm to 800am (clinic and all Saturday and Sundays.

Option Year 4: February 1 2023 through January 31 2024

Annual Cost

(7. Business Hours: The VA operating rooms hours are Monday 830am to 400pm and Tuesday through Friday 800am to 4pm. Clinic hours are Monday through Friday 800am to 430pm for clinic hours. The contractor must be present at the VA facility and must be performing the required services for the period specified in the contract or the contract cost will be decreased accordingly during each billing cycle.

(8. On Call Coverage: Monday through Friday 330pm to 700am (operating room) or 430pm to 800am (clinic and all Saturday and Sundays.

Total for base performance period and all option years: $_________________________

Performance Work Statement for Onsite SPECIALIZED ORTHOPEDIC Physician Services

1. GENERAL:

1.1. Services Provided: The Contractor shall provide Board Certified SPECIALIZED ORTHOPEDIC Physician Services on site in accordance with the specifications contained herein to beneficiaries of the Department of Veterans Affairs (VA) and the VA Eastern Colorado Health Care System.

1.1. Place of Performance - Denver VAMC 1055 Clermont St., Denver, CO 80220.

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

1.3. Policy/Handbooks:

1.3.1. - VA Directive 1663: Health Care Resources Contracting - Buying http://www1.va.gov/vapubs/viewPublication.asp?Pub_ID=347

1.3.2. VHA Directive 2006-041 “Veterans’ Health Care Service Standards” (expired but still in effect pending revision) https://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=1443

1.3.3. - VHA Handbook 1100.17: National Practitioner Data Bank Reports - http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=2135

1.3.4. - VHA Handbook 1100.18 Reporting And Responding To State Licensing Boards - http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=1364

1.3.5. - VHA Handbook 1100.19 Credentialing and Privileging - http://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=2910

1.3.6. - VHA Handbook 1400.01 Resident Supervision http://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=2847

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

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

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

1.4.1. AATS: American Association for Thoracic Surgery

1.4.2. ABNS: American Board of Thoracic Surgery https://www.abts.org/root/home.aspx

1.4.3. ACGME: Accreditation Council for Graduate Medical Education

1.4.4. ACLS: Advanced Cardiac Life Support

1.4.5. AOD: Admitting Officer of the Day

1.4.6. BLS: Basic Life Support

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

1.4.8. CDC: Centers for Disease Control and Prevention

1.4.9. CDR: Contract Discrepancy Report

1.4.10. CEU: Certified Education Unit

1.4.11. CME: Continuing Medical Education

1.4.12. CMS: Centers for Medicare and Medicaid Services

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

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

1.4.15. COS: Chief of Staff

1.4.16. CPARS: Contractor Performance Assessment Reporting System

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

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

1.4.19. DEA: Drug Enforcement Agency

1.4.20. ED: Emergency Department

1.4.21. FSMB: Federation of State Medical Boards

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

1.4.23. HHS: Department of Health and Human Services

1.4.24. HIPAA: Health Insurance Portability and Accountability Act

1.4.25. HR: Human Resources

1.4.26. ISO: Information Security Officer

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

1.4.28. MOD: Medical Officer of the Day

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

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

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

1.4.32. NP: Nurse Practitioner

1.4.33. NPPES: National Plan and Provider Enumeration System

1.4.34. PA: Physician Assistant

1.4.35. PALS: Pediatric Advanced Life Support

1.4.36. POP: Period of Performance

1.4.37. PPD: Purified Protein Derivative

1.4.38. PWS: Performance Work Statement

1.4.39. Privileging (Clinical Privileging): Privileging is the process by which a practitioner, licensed for 8independent practice; e.g., without supervision, direction, required sponsor, preceptor, mandatory collaboration, etc.; is permitted by law and the facility to practice independently, to provide specific medical or other patient care services within the scope of the individual’s license, based upon the individual’s clinical competence as determined by peer references, professional experience, health status, education, training and licensure. Clinical privileges must be facility-specific and provider-specific.

1.4.40. QA/QI: Quality Assurance/Quality Improvement

1.4.41. QM/PI: Quality Management/Performance Improvement

1.4.42. QASP: Quality Assurance Surveillance Plan

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

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

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

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

1.4.47. Veterans Affairs Medical Center (VAMC): Unless identified with the name of a different VA medical Center, for purposes of this contract, this term shall mean the VA Eastern Colorado Health Care System, Denver VA Medical Center.

2. QUALIFICATIONS:

2.1. Staff/Facility

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

All licenses held by the personnel working on this contract shall be full and unrestricted licenses. Contractor’s physician (s) who have current, full and unrestricted licenses in one or more states, but who have, or ever had, a license restricted, suspended, revoked, voluntarily revoked, voluntarily surrendered pending action or denied upon application will not be considered for the purposes of this contract.

2.1.2. Board Certification - All Contractor’s physician(s) shall be Board Certified by the American Board of Orthopaedic Surgery https://www.abos.org/certification.aspx,and be currently certified in Basic Life Support (BLS) or equivalency. All continuing education courses required for maintaining certification must be kept up to date at all times. Documentation verifying current certification shall be provided by the Contractor to the VA COR on an annual basis for each year of contract performance.

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 physician(s) possesses the requisite credentials enabling the granting of privileges. No services shall be provided by any Contractor’s physician(s) prior to obtaining approval by the Denver VAMC Professional Standards Board, Medical Executive Board and Medical Center Director.

2.1.3.1. If a Contractor’s physician(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. Technical Proficiency - Contractor’s physician(s) shall be technically proficient in the skills necessary to fulfill the government’s requirements, including the ability to speak, understand, read and write English fluently. Contractor shall provide documents upon request of the CO/COR to verify current and ongoing competency, skills, certification and/or licensure related to the provision of care, treatment and/or services performed. Contractor shall provide verifiable evidence of all educational and training experiences including any gaps in educational history for all Contractor’s physician(s) and Contractor’s physician(s) shall be responsible for abiding by the Facility's Medical Staff By-Laws, rules, and regulations (referenced herein) that govern medical staff behavior.

2.1.5. Continuing Medical Education (CME)/ Certified Education Unit (CEU) Requirements: Contractor shall provide the COR copies of current CMEs as required or requested by the VAMC. Contractor’s physician(s) registered or certified by national/medical associations shall continue to meet the minimum standards for CME to remain current. Contractor shall report CME hours to the credentials office for tracking. These documents are required for both privileging and re-privileging. Failure to provide shall result in loss of privileges for Contractor’s physician(s).

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

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

2.1.7.1. TUBERCULOSIS TESTING: Contractor shall provide proof of a negative reaction to PPD testing for all Contractor’s physician(s). A negative chest radiographic report for active tuberculosis shall be provided in cases of positive PPD results. The PPD test shall be repeated annually.

2.1.7.2. RUBELLA TESTING: Contractor shall provide proof of immunization for all Contractor’s physician(s) for measles, mumps, rubella or a rubella titer of 1.8 or greater. If the titer is less than 1.8, a rubella immunization shall be administered with follow-up documentation to the COR.

2.1.7.3. OSHA REGULATION CONCERNING OCCUPATIONAL EXPOSURE TO BLOODBORNE PATHOGENS: Contractor shall provide generic self-study training for all Contractor’s physician(s); provide their own Hepatitis B vaccination series at no cost to the VA if they elect to receive it; maintain an exposure determination and control plan; maintain required records; and ensure that proper follow-up evaluation is provided following an exposure incident. 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.

2.1.8. National Provider Identifier (NPI): NPI is a standard, unique 10-digit numeric identifier required by HIPAA. The Veterans Health Administration must use NPIs in all HIPAA-standard electronic transactions for individual (health care practitioners) and organizational entities (medical centers). The Contractor shall have or obtain appropriate NPI and if pertinent the Taxonomy Code confirmation notice issued by the Centers for Medicare and Medicaid Services (CMS) National Plan and Provider Enumeration System (NPPES) be provided to the Contracting Officer with the proposal.

2.1.9. DEA : Contractor shall provide copy of current DEA certificate.

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

2.1.11. Citizenship related Requirements:

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

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

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

2.1.11.4. 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.

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

2.1.12. 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.

2.1.12.1. Therefore, Contractor shall review the HHS OIG List of Excluded Individuals/Entities on the HHS OIG web site at http://oig.hhs.gov/exclusions/index.asp to ensure that the proposed Contractor’s physician(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 contracts with excluded individuals to provide items or services to Federal program beneficiaries.

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

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

2.3. Non Personal Healthcare Services: The parties agree that the Contractor and all Contractor’s physician(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 physicians are prohibited from referring VA patients to contractor’s or their own practice(s).

2.6. Inherent Government Functions: Contractor and Contractor’s physician(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 physician(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 contract:

2.7.1. Workers’ compensation

2.7.2. Professional liability insurance

2.7.3. Health examinations

2.7.4. Income tax withholding, and

2.7.5. Social security payments.

2.8. Tort Liability: The Federal Tort Claims Act does not cover Contractor or Contractor’s physician(s). When a Contractor or Contractor’s physician(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’s physician(s)) action or non-action shall be the responsibility of the Contractor and/or insurance carrier.

2.9. Key Personnel:

2.9.1. The VA Full Time Equivalency (FTE) for the services required is 1.78 FTEE. FTE is defined by VA as a minimum of 80 hours every two weeks and does not include holidays.

2.9.2. The number of Board Certified SPECIALIZED ORTHOPEDIC physicians required to be on site is defined in paragraph Hours of Operation in this section.

2.9.3. The Contractor shall be responsible for providing coverage to the VA during periods of vacancies of the Contractor’s personnel due to sick leave, personal leave, vacations and additional coverage as required. In the event a scheduled physician is unable to complete an assigned shift, the contractor shall provide replacement physician coverage within 2 hours and notify the Contracting Office Representative (COR) at the Denver VAMC immediately of the schedule change.

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 30 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 60 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 30 calendar days after receipt of all required information of the decision on the proposed substitutes. The contract will be modified to reflect any approved changes of key personnel.

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

2.9.4.3. 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 physician (s), s/he may request, without cause, immediate replacement of said Contractor’s physician (s) .The CO and COR shall deal with issues raised concerning Contractor’s physician (s) conduct. The final arbiter on questions of acceptability is the CO.

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

3. VA HOURS OF OPERATION/SCHEDULING:

3.1. VA Business Hours:

Time Provided

Professional Orthopedic Tumor Surgical Services (Clinic)

Professional Orthopedic Tumor Surgical Services (OR)

Professional Orthopedic Spine Surgical Services (Clinic)

Professional Orthopedic Spine Surgical Services (OR)

Professional Hand Surgery Service (Clinic)

Professional Hand Surgery Service (OR)

Professional Orthopedic Shoulder & Elbow Services (Clinic)

Professional Orthopedic Shoulder & Elbow Services (OR)

3.1.1. Patients must be seen by a Contractor’s physician(s) on-site at Denver VAMC in a timely manner in accordance with VA Rules and Regulations on clinic wait times and consult completion. Contractor shall notify the COR at least monthly about any obstacles to meeting this performance measure.

3.1.2. Contractor’s physician(s) shall be available and present in clinic during normal Denver VAMC clinic hours, which will be established, and may be revised, as deemed appropriate for patient care by the Chief of Staff. Currently, normal clinic hours for SPECIALIZED ORTHOPEDIC Surgery Services are 8:00 am to 11:00 am.

3.1.3. Off-hours Coverage: Contractor shall assign SPECIALIZED ORTHOPEDIC surgeon(s) to be “on-call” for surgical emergent conditions. Contractor shall prepare monthly call schedules for “on-call coverage”, the purpose of which will be to provide emergency, attending support from the University of Colorado Denver, Division of SPECIALIZED ORTHOPEDIC Surgery. The schedule shall be submitted to the administrative office for the Chief of Surgery, ECHCS within 5 working days prior to the end of each month.

3.1.3.1. On-call Contractor’s physician(s) must be available at all times for phone consultations.

3.1.3.2. Pages must be responded to within 15 minutes of the page and patients must be seen within 60 minutes of the page when medically indicated.

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

· New Year’s Day

· President’s Day

· Martin Luther King’s Birthday

· Memorial Day

· Independence Day

· Labor Day

· Columbus Day

· Veterans Day

· Thanksgiving

· Christmas

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

3.3. Cancellations: As a normal course of practice, patients will not be canceled either in the operating room or in the clinic. Any cancelations of clinic times must be notified to the COR 90 days prior to the cancelation of the clinic to avoid rescheduling patients. On rare occasions, patient cancelations can be made due to life-threatening cases that unexpectedly require the services of the contractor at another location.

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

4. CONTRACTOR RESPONSIBILITIES

4.1. Clinical Personnel Required: The Contractor shall provide Contractor’s physician(s) who are competent, qualified per this performance work statement and adequately trained to perform assigned duties.

4.1.1. Contractor’s physician(s) 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 in addition to the review of the cases and clinic encounter review.

4.2. Standards of Care: The Contractor’s physician(s)’ care shall cover the range of SPECIALIZED ORTHOPEDIC services as would be provided in a state-of-the-art civilian medical treatment facility and the standard of care shall be of a quality, meeting or exceeding currently recognized TJC, VA and national standards as established by:

4.2.1. American Association for Thoracic Surgery http://aats.org/research/Surgeon_in_Practice.cgi

4.2.2. VA Standards: VHA Directive 2006-041 “Veterans’ Health Care Service Standards” (expired but still in effect pending revision) https://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=1443

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

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

4.2.5. The requirements contained in this PWS.

4.3. MEDICAL RECORDS

4.3.1. Authorities: Contractor’s physician(s) 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).

4.3.2. HIPAA: This contract and its requirements meet exception in 45 CFR 164.502(e), and do not require a BAA in order for Covered Entity to disclose Protected Health Information to: a health care provider for treatment. Based on this exception, a BAA is not required for this contract. Treatment and administrative patient records generated by this contract or provided to the Contractors by the VA are covered by the VA system of records entitled ‘Patient Medical Records-VA’ (24VA19). Contractor generated VA Patient records are the property of the VA and shall not be accessed, released, transferred, or destroyed except in accordance with applicable laws and regulations. Contractor shall ensure that all records pertaining to medical care and services are available for immediate transmission when requested by the VA. Records identified for review, audit, or evaluation by VA representatives and authorized federal and state officials, shall be accessed on-site during normal business hours or mailed by the Contractor at his expense. Contractor shall deliver all final patient records, correspondence, and notes to the VA within twenty-one (21) calendar days after the contract expiration date.

4.3.3. Disclosure: Contractor’s physician(s) 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.

4.3.4. Professional Standards for Documenting Care: Care shall be appropriately documented in medical records in accordance with standard commercial practice and guidelines established by VHA Handbook 1907.01 Health Information Management and Health Records: http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=2791 and all guidelines provided by the VAMC.

4.3.5. Release of Information: The VA shall maintain control of releasing any patient medical information and will follow policies and standards as defined, but not limited to Privacy Act requirements. In the case of the VA authorizing the Contractor to release patient information, the Contractor in compliance with VA regulations, and at his/her own expense, shall use VA Form 3288, Request for and Consent to Release of Information from Individual’s Records, to process “Release of Information Requests.” In addition, the Contractor shall be responsible for locating and forwarding records not kept at their facility. The VA’s Release of Information Section shall provide the Contractor with assistance in completing forms. Additionally, the Contractor shall use VA Form 10-5345, Request for and Authorization to Release Medical Records or Health Information, when releasing records protected by 38 U.S.C. 7332. Treatment and release records shall include the patient’s consent form. Completed Release of Information requests will be forwarded to the VA Privacy Officer at the following address: Jeff Day, 1055 Clermont St., Denver, CO 80220.

4.4. Direct Patient Care: 93% of the time involved in direct patient care.

4.4.1. Per the qualification section of this PWS, the Contractor shall provide the following staff:

4.4.1.1. Board Certified SPECIALIZED ORTHOPEDIC Surgeons to perform:

· Professional SPECIALIZED ORTHOPEDIC Surgical Services (OR)

· Professional SPECIALIZED ORTHOPEDIC Surgical Services (Clinical—assessment, pre & post-op)

· Professional Services Inpatient Rounding / Call Schedule Services

· Education & Resident Oversight (case consults, pre-op assessments)

· Administration (M&M, Dictation/Documentation, Required VA training, & VA Surgery Meetings)

4.4.2. Scope of Care: Contractor’s physician(s) (as appropriate and within scope of practice/privileging) shall be responsible for providing SPECIALIZED ORTHOPEDIC care, including, but not limited to :

4.4.2.1. Clinic and Surgical Care: Contractor physician(s) shall provide clinical SPECIALIZED ORTHOPEDIC services. Contractor physician(s) shall be present on time for any scheduled clinics/surgeries as documented by physical presence in the clinic or operating room at the scheduled start time in accordance with the QASP.

4.4.2.1.1. Approximate case load is as follows:

# of patients per clinic: 10 # of procedures per surgical session:1 (3 per week)

4.4.2.1.2. Operative Services: Contractor physician(s) shall provide comprehensive clinical SPECIALIZED ORTHOPEDIC services, including but not limited to the following:

4.4.2.1.3. Intraoperative…