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Intraoperative Neuromonitoring Services
1. REQUISITION NO.
2. CONTRACT NO.
3. AWARD/EFFECTIVE DATE
4. ORDER NO.
5. SOLICITATION NUMBER
6. SOLICITATION ISSUE DATE
a. NAME
b. TELEPHONE NO. (No Collect Calls)
8. OFFER DUE DATE/LOCAL
TIME
9. ISSUED BY
CODE
10. THIS ACQUISITION IS
UNRESTRICTED OR
SET ASIDE:
% FOR:
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
8(A)
NAICS:
SIZE STANDARD:
11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13b. RATING
14. METHOD OF SOLICITATION
RFQ
IFB
RFP
15. DELIVER TO
CODE
16. ADMINISTERED BY
CODE
17a. CONTRACTOR/OFFEROR
CODE
FACILITY CODE
18a. PAYMENT WILL BE MADE BY
CODE
TELEPHONE NO.
DUNS:
DUNS+4:
PHONE:
FAX:
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED
SEE ADDENDUM
19.
20.
21.
22.
23.
24.
ITEM NO.
SCHEDULE OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA
26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
ARE
ARE NOT ATTACHED.
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
ARE
ARE NOT ATTACHED
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________
29. AWARD OF CONTRACT: REF. ___________________________________ OFFER
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
DATED ________________________________. YOUR OFFER ON SOLICITATION
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED
SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
(REV. 2/2012)
PREVIOUS EDITION IS NOT USABLE
Prescribed by GSA - FAR (48 CFR) 53.212
7. FOR SOLICITATION
INFORMATION CALL:
STANDARD FORM 1449
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
36C25918R0608 08-21-2018 Susan M.
P{ rotho 303-712-5801 10-05-2018
3:00 PM MST
36C259 Department of Veterans Affairs Network Contracting Office
NCO 19
6162 South Willow Drive, Suite 300 Greenwood Village CO 80111 X X 621399 $7.5 Million Net 30 X N/A X Rocky Mountain Regional VA Medical Center 1700 N. Wheeling St.
Aurora CO 80045 36C259 Department of Veterans Affairs Network Contracting Office
NCO 19
6162 South Willow Drive, Suite 300 Greenwood Village CO 80111
Department of Veterans Affairs Financial Service Center PO Box 149971 Austin TX 78714-9971 See CONTINUATION Page The Rocky Mountain Regional VA Medical Center has a requirement for Intraoperative Neurophysiologic Monitoring Services.
PWS and additional instructions are included in the Solicitation document for full details.
Period of Performance is estimated to begin on 12/14/2018 for 1 year plus (4) 1-year Options.
See CONTINUATION Page X X X Terry W. Whitfield
COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS
General Information
| Document Type: |
| Combined Solicitation/Synopsis |
| Solicitation Number: |
| 36C25918R0608 |
| Posted Date: |
| August 21, 2018 |
| Original Response Date: |
| October 5, 2018 |
| Current Response Date: |
| October 5, 2018 |
| Product or Service Code: |
| Q510 |
| Set Aside (SDVOSB/VOSB): |
| Yes - Small Business |
| NAICS Code: |
| 621399 |
Contracting Office Address 6162 S. Willow Drive Suite 300 Greenwood Village, CO 80111 Description This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested, and a written solicitation document will not be issued.
This solicitation is a request for proposals (RFP). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-96.
The associated North American Industrial Classification System (NAICS) code for this procurement is 621399, with a small business size standard of 7.5 Million.
The Department of Veterans Affairs is seeking a contractor to provide qualified Intraoperative Neurophysiologic Monitoring Services at the Rocky Mountain VA Medical Center located in Aurora, Colorado. We anticipate awarding a Firm Fixed Price contract that consists of one (1) base year with four (4) one-year options. For more in-depth information regarding this RFP, please refer to the Performance Work Statement (PWS) below.
This solicitation is set-aside for Small Business via FBO posting for the services defined herein. The government intends to award a contract as a result of this combined synopsis/solicitation that will include the terms and conditions set forth herein.
Request for Proposal (RFP), prospective contractor proposals, product brochures, and all other required documentation shall be submitted by the closing date and time stated. All information is to be submitted at no cost or obligation to the Government. The information submitted will be reviewed by the Government technical representatives for considering this requirement. Responses to this notice should include the following: name and address of company, direct point of contact, Dun & Bradstreet number, business size, capability statement, copy of this solicitation with proposed pricing filled in, resume packets for nominees, and any other pertinent information that demonstrates the firm’s ability to meet the above requirement. Submit proposal packages no later than October 5, 2018 at 3:00 P.M. MST by email to: susan.protho@va.gov.
All interested companies shall provide pricing, along with proposal packet(s) as stated above, for the following:
Price Schedule: Estimated Hours for Interoperative Neuromonitoring
Period of Performance: Base Year: December 14, 2018 – December 13, 2019
CLIN*
DESCRIPTION:
QUANTITY:
UNIT COST:
TOTAL PRICE:
| 0001 |
| Baseline |
| 180 each |
| $ ___ |
| $_____ |
| 0002 |
| Intraoperative Monitoring |
| 800 hours |
| $ ___ |
| $_____ |
TOTAL
TOTAL COST: $ ______
Period of Performance: Option Year 1: December 14, 2019 – December 13, 2020
CLIN*
DESCRIPTION:
QUANTITY:
UNIT COST:
TOTAL PRICE:
| 1001 |
| Baseline |
| 180 each |
| $ ___ |
| $_____ |
| 1002 |
| Intraoperative Monitoring |
| 800 hours |
| $ ___ |
| $_____ |
TOTAL
Period of Performance: Option Year 2: December 14, 2020 – December 13, 2021
CLIN*
DESCRIPTION:
QUANTITY:
UNIT COST:
TOTAL PRICE:
| 2001 |
| Baseline |
| 180 each |
| $ ___ |
| $_____ |
| 2002 |
| Intraoperative Monitoring |
| 800 hours |
| $ ___ |
| $_____ |
TOTAL
TOTAL COST: $ _______
Period of Performance: Option Year 3: December 14, 2021 – December 13, 2022
CLIN*
DESCRIPTION:
QUANTITY:
UNIT COST:
TOTAL PRICE:
| 3001 |
| Baseline |
| 180 each |
| $ ___ |
| $_____ |
| 3002 |
| Intraoperative Monitoring |
| 800 hours |
| $ ___ |
| $_____ |
TOTAL
TOTAL COST: $______
Period of Performance: Option Year 4: December 14, 2022 – December 13, 2023
CLIN*
DESCRIPTION:
QUANTITY:
UNIT COST:
TOTAL PRICE:
| 4001 |
| Baseline |
| 180 each |
| $ ___ |
| $_____ |
| 4002 |
| Intraoperative Monitoring |
| 800 hours |
| $ ___ |
| $_____ |
TOTAL
Total Cost for Base and all Options $_____________
Performance Work Statement Intraoperative Neurophysiologic Monitoring Services 8/20/2018
1. GENERAL
SERVICES REQUIRED: Contractor shall provide qualified intraoperative neurophysiologic monitoring services and instrumentation for the beneficiaries of the Rocky Mountain Regional VA Medical Center for a base year plus four option years. Neurophysiologic monitoring is the use of electrophysiological methods such as electroencephalography (EEG), electromyography (EMG), and evoked potentials to monitor the functional integrity of certain neural structures (e.g., nerves, spinal cord and parts of the brain) during surgery. The purpose of IONM is to reduce the risk to the patient of iatrogenic damage to the nervous system, and/or to provide functional guidance to the surgeon and anesthesiologist.
1.1. PLACE OF PERFORMANCE: The Rocky Mountain Regional VA Medical Center located at 1700 N. Wheeling St., Aurora, Colorado, 80045.
1.2. AUTHORITY: Public Law 104-262 and 38 USC 8153.
1.3. DEFINITIONS/ACRONYMS
2. QUALIFICATIONS:
2.1. Staff/Facility
2.1.1. License: N/A.
2.1.2. Board Certification /Eligibility: Technicians must be board eligible/certified through the American Board of Registration of Electroencephalographic and Evoked Potential Technologists. Proof of certification and continuing education will be provided upon request.
2.1.3. Credentialing and Privileging
2.1.3.1. General Privileges: N/A
2.1.4. Technical Proficiency: Technicians must have documented training to run the following modalities during surgical procedures:
2.1.4.1. Somatosensory Evoked Potentials (SSEP)
2.1.4.2. Electromyography (EMG) including Pedicle Screw and Direct Nerve Testing
2.1.4.3. Electroencephalography (EEG)
2.1.4.4. Motor Evoked Potentials (MEP)
2.1.4.5. Cranial Nerve EMG, including Facial Nerve Monitoring for ENT procedures
2.1.4.6. Peripheral Nerve Conduction
2.1.4.7. Transcranial Motor Evoked Potentials (TcMEP)
2.1.4.8. Auditory Brainstem Response (AABR)
2.1.5. Each surgical case must be supported with real-time data interpretation from a licensed MD. The requesting Surgeon is the Supervisor.
2.1.6. Contracted services must be available 24/7.
2.1.7. Continuing Medical Education (CME)/ Certified Education Unit (CEU) Requirements: N/A.
2.1.8. Training (ACLS/BLS/VA MANDATORY): N/A.
2.1.9. Standard Personnel Testing (PPD, etc.): Contractors will complete all testing as required by VAMC Policy and comply with requests in a timely fashion.
2.1.10. Citizenship related Requirements: Contractors must be a US Citizen and eligible to work in the United States.
2.1.11. Annual Office of Inspector General (OIG) Statement: Contractors must comply with all Office of Inspector General (OIG) investigations as necessary per VAMC policy.
2.1.12. 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 these personnel:
2.1.12.1. workers compensation
2.1.12.2. professional liability insurance
2.1.12.3. health examinations
2.1.12.4. income tax withholding, and
2.1.12.5. social security payments.
2.1.12.6. The parties agree that the contractor, its employees, agents and subcontractors shall not be considered VA employees for any purpose.
2.2. TECHNICAL DIRECTION
2.2.1. Contractors will report directly to the Chief, Surgical Services.
2.3. NON- PERSONAL SERVICES
2.3.1. No Employee status
2.3.2. TORT
2.4. KEY PERSONNEL AND EMERGENCY SUBSTITUTIONS
3. Hours of Operation:
3.1. Business Hours
3.1.1. Work Schedule
3.1.1.1. Contracted services must be available 24/7.
4. CONTRACTOR RESPONSIBILITIES
4.1. SERVICES REQUIRED: The contractor shall provide the services of a(n) intraoperative neurophysiologic technician(s) and required instrumentation to monitor the following surgical procedures
4.1.1. Neurosurgical
4.1.1.1. Cranial base tumors
4.1.1.2. Posterior fossa tumors
4.1.1.3. Microvascular
4.1.1.4. Decompression Intracranial Aneurysms
4.1.1.5. Frontotemporal Tumors (motor cortex mapping)
4.1.1.6. Temporo-parietal tumors
4.1.1.7. Carotid Endarterectomy
4.1.1.8. Anterior Cervical
4.1.1.9. Discectomy Anterior
4.1.1.10. Corpectomy Anterior Vertebrectomy
4.1.1.11. Thoracic laminectomy
4.1.1.12. Lumbosacral decompression/stenosis
4.1.1.13. Instrumentation for spinal instability (to include pedicle and lateral mass screws)
4.1.1.14. Stabilization of odontoid/dens fracture
4.1.1.15. Intramedullary or extramedullary spinal cord tumors
4.1.1.16. Cauda equina tumors
4.1.1.17. Spinal cord untethering
4.1.1.18. Rhizotomy/ganglionectomy
4.1.1.19. Selective dorsal rhizotomy
4.1.2. Orthopedic
4.1.2.1. Anterior cervical Discectomy
4.1.2.2. Anterior Corpectomy
4.1.2.3. Anterior vertebrectomy
4.1.2.4. Cervical laminectomy
4.1.2.5. Thoracic laminectomy
4.1.2.6. Lumbosacral decompression/stenosis
4.1.2.7. Instrumentation for spinal instability (to include pedicle and lateral mass screws)
4.1.2.8. Stabilization of odontoid/dens fracture
4.1.2.9. Scoliosis Correction
4.1.3. Cardiothoracic
4.1.3.1. Carotid Endarterectomy
4.1.3.2. Carotid body tumor
4.1.3.3. Subclavian-carotid bypass
4.1.3.4. Extra cranial vascular reconstruction
4.1.4. Otolaryngologic
4.1.4.1. Revision mastoidectomy
4.1.4.2. Acoustic neuroma
4.1.4.3. Vestibular nerve section
4.1.4.4. Cochlear implant
4.1.4.5. Glomus tumor
4.1.4.6. Parotidectomy
4.1.4.7. Thyroidectomy
4.1.4.8. Radical head and neck surgery
4.1.5. Interventional Radiological Procedures
4.1.5.1. Occlusion of brain-supplying arteries
4.1.5.2. Embolization of cerebral and spinal aneurysms
4.1.5.3. Embolization of cerebral and spinal arteriovenous malformations
4.1.5.4. Embolization of traumatic cavernous sinus fistula
4.1.5.5. Spinal angiography and transvascular therapy
4.1.5.6. Percutaneous transluminal angioplasty
4.2 MEDICAL RECORDS: Patient medical records are confidential and are protected by the Privacy Act of 1974, 5 U.S.C. 552a; VA Claims Confidentiality Statute, 38 U.S.C. 3301 and Drug/Alcohol Abuse Confidentiality Statute, 38 U.S.C. 4132 [Authority: Drug/Alcohol Reg. 42 C.F.R. 2.11(p)(2)].
Any breach of confidentiality and/or unauthorized release of information is subject to monetary penalty. Any individual making unauthorized disclosures may be criminally liable for violations of the Act.
4.2.1 Authorities
4.2.2 HIPAA: The contractor must adhere to the provisions of 45 C.F.R. Parts 160, 162, and 164 and Public Law 104-191, Health Insurance Portability and Accountability Act (HIPAA) of 1996 and 18 U.S.C. 1347.
4.2.3 HHS/OIG: To ensure that the individuals providing services under the contract have not:
engaged in fraud or abuse regarding Sections 1128 and 1128A of the Social Security Act regarding federal health care programs, the contractor is required to check the Health and Human Service – Office of Inspector General, List of excluded individuals/entities on the OIG Website (www.hhs.gov/oig) for each person providing services under this contract.
Further the contractor is required to certify in its proposal that all persons listed in the contractor’s proposal have been compared against the OIG list and are not listed.
During the performance of this contract the Contractor is prohibited from using any individual or business listed on the List of Excluded Individuals/Entities. National Standards to protect the Privacy and Security of Protected Health Information (PHI).
4.2.4 Disclosure
4.2.5 Professional standards for documenting care
4.2.6 Release of Information: The Contractor and contract physicians shall only release medical information obtained during the course of this contract to those ECHCS staff member involved in the necessary care and treatment of that individual patient. Contractor shall provide Anesthesiology Health Care to ECHCS patients. As such, Contractor is considered part of the Department health care activity for purposes of the following statutes and the VA regulations implementing these statutes: the Privacy Act, 5 U.S.C. § 552a, and 38 U.S.C. §§ 5701, 5705, and 7332. Contractor and its employees may have access to ECHCS patient medical records to the extent necessary for the Contractor to perform this contract.
Notwithstanding any other provision of this contract, Contractor and its employees may disclose patient treatment records generated by the Contractor under this agreement only pursuant to explicit disclosure from ECHCS. Contractor and its employees are subject to the penalties and liabilities provided in the statutes and regulations mentioned in this paragraph for unauthorized disclosures of such records and their contents. Records created by the Contractor in the course of treating ECHCS patients under this agreement are the property of the ECHCS and shall not be accessed, released, transferred or destroyed except in accordance with applicable federal law and regulations.
Subject to applicable federal confidentiality laws, Contractor or its designated representatives may have access to ECHCS records at ECHCS's place of business on request during normal business hours where necessary to perform the duties under this agreement. If this agreement is terminated for any reason, the Contractor will promptly provide the ECHCS with the individually identified patient treatment records. The Privacy Act applies to certain information about healthcare providers who are subcontractors.
If data is retrieved by the names of the individual healthcare professionals, the data the VHA receives is protected by the Privacy Act. Accordingly, the VHA Privacy Officer should be consulted to ensure that ECHCS has a published system of records notice that will cover these records. If not, the Privacy Act requires that such notice be published prior to the maintenance of the records.
4.2.7 Automated Data Processing (ADP) Security: The ECHCS will provide the contract Otolaryngology physician(s) with the same access to Veterans Health Information and Technology Architecture (VISTA) as the ECHCS Otolaryngology personnel. All Contractors' Otolaryngology physicians accessing the VISTA system will be required to sign and abide by all VA security policies, and applicable VA confidentiality status, 38 U.S.C. 5701, 38 U.S.C 7332, and the Privacy Act, 5 U.S.C. 552a. These policies may be viewed in the office of the Director, IRMS. In addition, each individual working under this contract shall be required to sign and adhere to the items shown in the Statement of Commitment and Understanding for VA Contractor Employees, A copy of this signed statement shall be provided to the Contracting Officer.
4.3 PERFORMANCE STANDARDS, QUALITY ASSURANCE AND QUALITY IMPROVEMENT
4.3.1 Methods of Surveillance: Contractors will sign in at the OR office upon arrival/departure for cases. Invoices will specify date/case/number of hours for each service performed.
4.3.2 Quality Assurance will be monitored in accordance with VHA Directive 2007-008 dated February 8, 2007, “Quality Reviews and Surgical Outcomes,” a copy of which shall be maintained in the Surgical Service Office.
4.3.3 Performance Standards: The QASP outlines required standards and will be a part of the resultant contract.
4.3.4 REQUIRED REGISTRATION WITH CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS) 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, the Contractor Performance System (CPS), which is maintained by the National Institutes of Health (NIH). The CPS database information is shared with the Past Performance Information Retrieval System (PPIRS) database, which is available to all Federal agencies.
4.3.4.1 Each contractor whose contract award is estimated to exceed $100,000 is required to register with the NIH CPS database at the following web address: https://cpscontractor.nih.gov.
Help in registering can be obtained by contacting CPS Support E-mail (cps-support-l@list.nih.gov ) or by calling (301) 451-2771.
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.
4.3.4.2 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 CPS 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.
4.3.4.3 Failure to have a current registration with the NIH CPS database, or to re-assign the report to the VA contracting officer within those thirty days, will result in the Government’s evaluation being placed on file in the database with a statement that the contractor failed to respond.
4.3.5 Contractor Certification
| 4.3.5.1 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 US 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; |
| 4.3.5.2 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. |
4.3.5.3 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.
4.3.5.4 The Contractor agrees to obtain a similar certification from its subcontractors.
| Signature: | ______________________________________ | |
| Date: | ______________________________________ |
Typed Name and Title: ______________________________________ Company Name: ______________________________________
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.
5. GOVERNMENT RESPONSIBILITIES
5.1 Oversight of Service/Performance Monitoring in accordance with the QASP.
6. SPECIAL CONTRACT REQUIREMENTS
6.1. BILLING
PATIENT BILLING: VA beneficiaries shall not under any circumstances be charged nor their insurance companies charged for services rendered by the contractor even if the VA does not pay for those services. This provision shall survive the termination or ending of the contract.
6.2. CONTRACTOR SECURITY REQUIREMENTS (HANDBOOK 6500.6) PULLED FROM ECMS TEAM SHOULD SELECT LANGUAGE FROM EACH SECTION AS APPLICABLE
6.2.1. VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE
6.2.2. VA INFORMATION CUSTODIAL LANGUAGE
6.2.3. SECURITY INCIDENT INVESTIGATION
6.2.4. LIQUIDATED DAMAGES FOR DATA BREACH
6.2.5. SECURITY CONTROLS COMPLIANCE TESTING
6.2.6. CONTRACTOR SECURITY INVESTIGATION REQUIREMENTS.
Quality Assurance Surveillance Plan (QASP) The contractor will be evaluated in accordance with the following:
1. PURPOSE
This Quality Assurance Surveillance Plan (QASP) provides a systematic method to evaluate performance for the stated contract. This QASP explains the following:
· What will be monitored.
· How monitoring will take place.
· Who will conduct the monitoring.
· How monitoring efforts and results will be documented.
This QASP does not detail how the contractor accomplishes the work. Rather, the QASP is created with the premise that the contractor is responsible for management and quality control actions to meet the terms of the contract. It is the Government’s responsibility to be objective, fair, and consistent in evaluating performance.
This QASP is a “living document” and the Government may review and revise it on a regular basis. However, the Government shall coordinate changes with the contractor through contract modification. Copies of the original QASP and revisions shall be provided to the contractor and Government officials implementing surveillance activities.
2. GOVERNMENT ROLES AND RESPONSIBILITIES
The following personnel shall oversee and coordinate surveillance activities.
a. Contracting Officer (CO) – The CO shall ensure performance of all necessary actions for effective contracting, ensure compliance with the contract terms, and shall safeguard the interests of the United States in the contractual relationship. The CO shall also assure that the contractor receives impartial, fair, and equitable treatment under this contract. The CO is ultimately responsible for the final determination of the adequacy of the contractor’s performance.
Assigned CO: Terry Whitfield Organization or Agency: Department of Veterans Affairs
b. Contracting Officer’s Technical Representative (COR) – The COR is responsible for technical administration of the contract and shall assure proper Government surveillance of the contractor’s performance. The COR shall keep a quality assurance file. The COR is not empowered to make any contractual commitments or to authorize any contractual changes on the Government’s behalf.
Assigned COR Mary Ellen Winkler, Program Specialist, Surgical Service, VA Eastern Colorado Health Care System.
3. CONTRACTOR REPRESENTATIVES
The following employees of the contractor serve as the contractor’s program manager for this contract.
4. PERFORMANCE STANDARDS
Performance standards define desired services. The Government performs surveillance to determine if the contractor exceeds, meets or does not meet these standards.
The Performance Requirements are listed below in Section 6. The Government shall use these standards to determine contractor performance and shall compare contractor performance to the standard and assign a rating.
5. INCENTIVES/DEDUCTS
The Government shall use past performance as incentives. Incentives shall be based on exceeding, meeting, or not meeting performance standards.
6. METHODS OF QA SURVEILLANCE
Various methods exist to monitor performance. The COR shall use the surveillance methods listed below in the administration of this QASP.
| Measures |
| PWS |
Reference Performance Requirement
| Standard |
| Acceptable Quality Level |
| Surveillance |
Method
| Incentive |
| Disincentive |
(Deduct)
| 1 - Key Personnel |
| 2.1.2 |
| Provide required medical service as specified in the requirements. |
| Qualified personnel are available and in location as needed to properly perform tasks as specified. |
| 100% |
| Random Inspection, Time and Attendance Sheets, Quality Assurance Reports |
| Favorable contactor performance evaluation. |
| Unfavorable contractor performance evaluation |
| 2 - Patient Safety |
| 4.5.1.1 |
| Patient safety incidents must be reported using Patient Safety Report. |
| All incidents reported immediately (within 24 hours.) |
| 100% |
| Direct Observation |
| Favorable contactor performance evaluation. |
| Unfavorable contractor performance evaluation |
| 3 - Timely Invoicing |
| 6.1 |
| Within 30 days of the end of each month services were provided, as described above, the vendor shall provide itemized invoicing |
| All itemized invoices provided within 30 days of end of each month services delivered |
| 100% |
| Inspection |
| Favorable contactor performance evaluation. |
| Unfavorable contractor performance evaluation |
| 4 – Patient Satisfaction |
| 4.7 |
| Patient complaints about the quality of care are reported to the Service Recovery Liaison, COTR and the contractor |
| All patient complaints are reported immediately (within 24 hours) and resolved within 7 days |
| 100% |
| Random inspection (auditing). |
| Exercise of Option Period and past performance |
| Unfavorable contractor performance evaluation |
Other performance evaluation factors will be monitored that are not quantified by numerical measurements which include: no inappropriate prescriptions; patient customer service comments; provider and Contractor relationship with hospital staff/government contracting personnel; compliance with hospital policy and procedures.
The contractor is responsible for performance of ALL terms and conditions of the contract, the elements above represent those that will be subject to ongoing reporting by the COR in accordance with this plan.
a. DIRECT OBSERVATION. 100% surveillance
b. PERIODIC INSPECTION. Inspections scheduled annually or as needed. 10 randomly selected patient files per inspection period.
c. VALIDATED USER/CUSTOMER COMPLAINTS. Customer complaint data is compiled quarterly and reviewed by Service Chief – any validated complaints against a Contractor that are not resolved within the required seven-day period will be further investigated.
d. RANDOM SAMPLING. Patient treatment files to be reviewed will be randomly selected and cover the period of service.
e. Verification and/or documentation provided by Contractor.
7. RATINGS
Metrics and methods are designed to determine if performance exceeds, meets, or does not meet a given standard and acceptable quality level. A rating scale shall be used to determine a positive, neutral, or negative outcome. The following ratings shall be used:
| EXCEPTIONAL: |
| Performance significantly exceeds contract requirements to the Government’s benefit. |
| SATISFACTORY: |
| Performance meets contractual requirements. |
| UNSATISFACTORY: |
| Performance does not meet contractual requirements. |
| 8. | DOCUMENTING PERFORMANCE |
| a. | ACCEPTABLE PERFORMANCE |
The Government shall document positive performance. Any report may become a part of the supporting documentation for any contractual action.
b. When unacceptable performance occurs, the CO shall inform the contractor. This will normally be in writing unless circumstances necessitate verbal communication. In any case the CO shall document the discussion and place it in the contract file. When the CO determines formal written communication is required, the CO shall prepare a Contract Discrepancy Report (CDR), and present it to the contractor's program manager.
The contractor shall acknowledge receipt of the CDR in writing.
The CDR will specify if the contractor is required to prepare a corrective action plan to document how the contractor shall correct the unacceptable performance and avoid a recurrence. The CDR will also state how long after receipt the contractor has to present this corrective action plan to the CO. The Government shall review the contractor's corrective action plan to determine acceptability.
Any CDRs may become a part of the supporting documentation for any contractual action deemed necessary by the CO.
9. FREQUENCY OF MEASUREMENT
a. Frequency of Measurement.
During contract performance, the COR will periodically analyze whether the negotiated frequency of surveillance is appropriate for the work being performed.
b. Frequency of Performance Assessment Meetings.
The COR shall meet with The Contractor semi-annually to assess performance and shall provide a written assessment.
SIGNED CONTRACTOR DATE
SIGNED COR DATE
The period of performance is from December 14, 2018 to December 13, 2023.
Delivery of services shall be provided on stated effective date of contract. The contractor shall deliver line item(s) 0001 through 4001 listed above under services to place of performance listed below.
Place of Performance Rocky Mountain Regional VA Medical Center 1700 N. Wheeling St.
Aurora, Colorado, 80045 Award shall be made to the offeror whose proposal is determined to meet the needs of this requirement based on the best value to the government, considering technical capability, past performance, and price (SEE EVALUATION FACTORS BELOW). The government will evaluate information based on the evaluation criteria stated within this solicitation.
EVALUATION FACTORS:
This acquisition will utilize competitive procedures through the development of a source selection plan to select the proposal that represents the best value to the VA. All evaluation factors and any significant sub-factors that will affect contract award and their relative importance shall be clearly stated in the solicitation. Through this competitive process, this will ensure the VA receives a fair and reasonable price and that we receive the best possible treatment for our patients requiring Neuromonitoring services. Evaluation factors in which submitted proposals will be evaluated are as follows:
Technical Capability: This factor covers the company’s ability to meet the needs of this requirement while managing critical elements that are associated with this requirement (i.e. scheduling and 24-hour coverage of required services, ensuring personnel meet all qualification, licensing, and credentialing requirements, and the ability to ensure that the requirement for the number of staff is requested and met at all times).
Past Performance: This factor will be evaluated at the factor level without sub-factors and will be used to assess an offeror’s likelihood of performing successfully on this contract. Past Performance will be assessed for relevancy and success. For this factor:
(1) The Government shall review available past performance data in the Federal Awardee Performance and Integrity Information System found in the Past Performance Information Retrieval System found at https://fapiis.ppirs.gov/.
(2) Offerors may identify three (3) current or recently completed (within the past three years) contracts that are similar in scope and dollar value to the contract being offered herein, to include contract names, dates of performance, point of contact, telephone number, and email address. Contracts listed may include those entered into with the Federal Government, State or local agencies, or commercial customers.
(3) Each offeror shall provide their references with a copy of the Past Performance Questionnaire (Attachment 1) and have it returned to Susan M. Protho by the response date listed on the questionnaire. Questionnaires shall be emailed to susan.protho @va.gov from the references only.
(4) The Government reserves the right to obtain past performance information from any available source and may contact customers other than those identified by the Offeror when evaluating past performance.
(5) In accordance with FAR 15.305(a)(2)(iv), if an offeror has no record of relevant past performance or for whom information is not available, they will not be rated favorably or unfavorably.
Cost/Price: The Government is anticipating that through solicitation of this requirement, a fair and reasonable price can be obtained from prospective offerors. However, when combined, Technical and Past Performance factors are more important than the price. All evaluation factors will be clearly stated in the solicitation.
Proposals received will be evaluated and rated in descending order reflecting the Governments assessment of solicitation compliance with an order of precedence as follows;
| Rating |
| Definition/Standard |
Excellent Proposal demonstrates superior understanding of requirements and approach that exceeds performance or capability standards. Has several strengths that will significantly benefit the Government. Risk of unsuccessful performance is minimal.
Good Proposal demonstrates a good understanding of requirements and approach that meets performance or capability standards. Has one or more strengths that will benefit the Government. Risk of unsuccessful performance is low.
Satisfactory Proposal demonstrates an acceptable understanding of requirements and approach that can meet performance or capability standards. Acceptable solutions are identified. No strengths are identified. Risk of unsuccessful performance is moderate.
Marginal Proposal demonstrates shallow understanding of requirements and approach that marginally meets performance or capability standards. Risk of unsuccessful performance is moderately high
Unsatisfactory Proposal fails to demonstrate an understanding of requirements or capability standards. Requirements can only be met with major changes to the proposal. Risk of unsuccessful performance is high.
The full text of FAR provisions or clauses may be accessed electronically at http://acquisition.gov/comp/far/index.html.
The following solicitation provisions apply to this acquisition:
1. FAR 52.212-1, “Instructions to Offerors–Commercial Items” (JAN 2017)
2. FAR 52.212-2, “Evaluation – Commercial Items” (OCT 2014)
3. 52.216-1, “Type of Contract” (APR 1984)
4. 52.233-2, “Service of Protest” (SEPT 2006)
5. VAAR 852.209-70, “Organizational Conflicts of Interest” (JAN 2008)
6. VAAR 852.215-70, “Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors”
7. VAAR 852.233-70, “Protest Content/Alternative Dispute Resolution” (JAN 2008)
8. VAAR 852.233-71, “Alternative Protest Procedure” (JAN 1998)
9. VAAR 852.252-70, “Solicitation Provisions or Clauses Incorporated by Reference” (JAN 2008)
10. VAAR 852.271-1, Representative of Contracting Officers” (JAN 2008)
The following contract clauses apply to this acquisition:
· FAR 52.212-4, “Contract Terms and Conditions–Commercial Items” (JAN 2017) Addendum to FAR 52.212-4 – Show FAR clauses followed by VAAR clauses in numeric order. List all clauses incorporated by reference in numeric order under 52.252-2 (see below) starting first with FAR and followed by VAAR.
FAR 52.252-2, “Clauses Incorporated by Reference” (FEB 1998) http://www.acquisition.gov/far/index.html (FAR) and http://www.va.gov/oal/library/vaar/index.asp (VAAR) FAR 52.203-16, “Preventing Personal Conflicts of Interest” (DEC 2011) FAR 52.203-17, “Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights” (APR 2014) FAR 52.204-4, “Printed or Copied Double-Sided on Postconsumer Fiber Content Paper” (MAY 2011) FAR 52.204-9, “Personal Identity Verification of Contractor Personnel” (JAN 2011) FAR 52.217-8, “Option to Extend Services” (NOV 1999) FAR 52.217-9, “Option to Extend the Term of the Contract” (MAR 2000) FAR 52.228-5, “Insurance-Work on a Government Installation” (JAN 1997) CL-120, “Supplemental Insurance Requirements” FAR 52.232-19, “Availability of Funds for the Next Fiscal Year” (APR 1984) FAR 52.232-40, “Providing Accelerated Payments to Small Business Subcontractors” (DEC 2013) FAR 52.237-3, “Continuity of Services” (JAN 1991) FAR 52.237-7, “Indemnification and Medical Liability Insurance” (JAN 1997) VAAR 852.203-70, “Commercial Advertising” (JAN 2008) VAAR 852.203-71, “Display of Department of Veterans Affairs Hotline Poster” (DEC 1992) VAAR 852.215-71, “Evaluation Factor Commitments” (DEC 2009) 001AL-11-15-B, “Subcontracting Commitments - Monitoring and Compliance” (JUNE 2011) VAAR 852.232-72, “Electronic Submission of Payment Requests” (NOV 2012) VAAR 852.237-70, “Contractor Responsibilities” (APR 1984)
· FAR 52.212-5, “Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items” (JAN 2018) The following subparagraphs of FAR 52.212-5 are applicable:
52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2016) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) 52.219-8, Utilization of Small Business Concerns (NOV 2016) 52.219-28, Post Award Small Business Program Representation (Jul 2013) 52.222-3, Convict Labor (June 2003) 52.222-21, Prohibition of Segregated Facilities (APR 2015) 52.222–26, Equal Opportunity (SEP 2016) 52.222-35, Equal Opportunity for Veterans (OCT 2015) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) 52.222-37, Employment Reports on Veterans (FEB 2016) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) 52.222-50, Combating Trafficking in Persons (MAR 2015) 52.222-54, Employment Eligibility Verification (OCT 2015) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) 52.222-41, Service Contract Labor Standards (MAY 2014) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017)
All offerors shall submit the following: Name and address of company, direct point of contact, Dun & Bradstreet number, business size, capability statement, copy of this solicitation with proposed pricing filled in, resume packets for nominees, and three (3) existing or completed government contracts that demonstrates the firm’s ability to meet the above requirement along with any other pertinent information.
All offers shall be sent to the POINT OF CONTACT via EMAIL. (SEE Point of Contact Information Below) This is an open-market combined synopsis/solicitation for services as defined herein. The government intends to award a contract as a result of this combined synopsis/solicitation that will include the terms and conditions set forth herein. To facilitate the award process, all proposals must include a statement regarding the terms and conditions herein as follows:
"The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition."
OR
"The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following:"
Offeror shall list exception(s) and rationale for the exception(s).
Submission shall be received not later than 3:00 PM MST on October 5, 2018 at susan.protho@va.gov. Late submissions shall be treated in accordance with the solicitation provision at FAR 52.212-1(f).
Any questions or concerns regarding this solicitation should be forwarded in writing via e-mail to susan.protho@va.gov. All questions must be received no later than September 14, 2018 at 3:00 PM MST.
Point of Contact Susan M. Protho Contract Specialist SAO West, Network Contracting Office (VISN 19) Rocky Mountain Acquisition Center Department of Veterans Affairs 6162 South Willow Drive Suite 300 Greenwood Village, CO 80111 Telephone: (303) 712-5801 Fax: (303) 712-5824 Email: susan.protho@va.gov
* See attached document: Attachment 1 - Past Performance Questionnaire.
File details come from the government source that posted it.