36C26018Q0200-001.docx

36C26018Q0200

OF

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 SI

GN 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. SIGN

ATURE 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

36C26018Q0200 05-10-2018 Darlene Anderson 253-888-4905 06-05-2018 12:00 Noon PST 663A Department of Veterans Affairs Network Contracting Office 20 1495 Wilmington Drive, Suite 360 DuPont WA 98327 X 621999 $15 Million Net 30 days X N/A X 663A Department of Veterans Affairs Puget Sound Health Care System 1660 S. Columbian Way Seattle WA 98108 663A Department of Veterans Affairs Network Contracting Office 20 1495 Wilmington Drive, Suite 360 DuPont WA 98327

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971 866-372-1141 See CONTINUATION Page Will result in a VA Indefinite Delivery Indefinite Quantity contract for:

Laser Services Period of Performance: 7/1/2018 - 6/30/2023 Interested Offerors are advised to pay special attention to the instructions in Section E.3, FAR 52.212-1 ADDENDUM, paragraph 6, Quotation Preparation Instructions.

It is a violation of the Federal Acquisition Regulation for vendors and Government employees to discuss the solicitation prior to award. All communications are required to take place between interested offeror and Contracting Officer listed in Bl ock 7a above.

See CONTINUATION Page X X X

DARLENE ANDERSON

NCO2015l3-2479 Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

b. GOVERNMENT:

Contracting Officer 36C260 Darlene Anderson Department of Veterans Affairs Network Contracting Office 20 1495 Wilmington Drive, Suite 360 DuPont WA 98327

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

3. INVOICES: Invoices shall be submitted in arrears:

4.0. GOVERNMENT INVOICING INSTRUCTIONS: 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. Invoice requirements are currently as follows: Invoice Number, Invoice Date, Purchase Order Number, Unit Price, Quantity and Unit of Measure, Total Invoice Price, Ship-To Location Name and/or code, Receipt of Goods/ Services, Invoice Payment Terms.

Current Invoicing information is located at http://www.fsc.va.gov/einvoice.asp. It states:

4.1. FSC Mandatory Electronic Invoice Submission: The Department of Veterans Affairs published a final rule in the Federal Register on November 27, 2012 to require contractors to submit payment requests in electronic form in order to enhance customer service, departmental productivity, and adoption of innovative information technology, including the appropriate use of commercial best practices. The rule is effective December 27, 2012.

4.2. Vendor Electronic Invoice Submission Methods: Facsimile, e-mail, and scanned documents are not acceptable forms of submission for payment requests. Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods below:

4.3. VA’s Electronic Invoice Presentment and Payment System – The FSC uses a third-party contractor, TUNGSTEN NETWORK (formerly OB10), to transition vendors from paper to electronic invoice submission. Please see TUNGSTEN NETWORK contact information below to begin submitting electronic invoices, free of charge. The Department of Veterans Affairs Tungsten Number is: AAA544240062.

4.4. A system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) chartered by the American National Standards Institute (ANSI).

The X12 EDI Web site (http://www.x12.org).

4.5. Vendor e-Invoice Set-Up Information: Please contact TUNGSTEN NETWORK at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center for payment processing, free of charge. If you have question about the e-invoicing program or TUNGSTEN NETWORK, please contact the FSC at the phone number or email address listed below:

a. TUNGSTEN NETWORK e-Invoice Setup Information: 1-877-489-6135;

b. TUNGSTEN NETWORK e-Invoice email: VA.Registration@ob10.com;

c. FSC e-Invoice Contact Information: 1-877-353-9791; and

d. FSC e-invoice email: vafsccshd@va.gov

e. For questions, refer to: http://www.tungsten-network.com/uk/en/veterans-affairs/

f. Remittance Address details to transact VA-FSC:

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971

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

B.2 SUBCONTRACTING COMMITMENTS--MONITORING AND COMPLIANCE (JUN 2011)

This solicitation includes VAAR 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, and VAAR 852.215-71, Evaluation Factor Commitments. Accordingly, any contract resulting from this solicitation will include these clauses. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) to assist in assessing contractor compliance with the subcontracting commitments incorporated into the contract. To that end, the support contractor(s) may require access to the contractor's business records or other proprietary data to review such business records regarding contract compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor compliance with the subcontracting commitments.

B.3 SUBCONTRACTING PLAN--MONITORING AND COMPLIANCE (JUN 2011)

This solicitation includes FAR 52.219-9, Small Business Subcontracting Plan, and VAAR 852.219-9, VA Small Business Subcontracting Plan Minimum Requirement. Accordingly, any contract resulting from this solicitation will include these clauses. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) to assist in assessing the contractor's compliance with the plan, including reviewing the contractor's accomplishments in achieving the subcontracting goals in the plan. To that end, the support contractor(s) may require access to the contractor's business records or other proprietary data to review such business records regarding the contractor's compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor compliance with the subcontracting plan.

B.4 ORDERING PROCEDURES

An initial Task Order for Services will be issued by the VA Contracting Officer at the beginning of the contract’s period of performance. The Task Order will be emailed to the Contractor. The VA anticipates funding one Task Order per 12-months. If the value of a particular Task Order needs to be increased or decreased, a Modification will be done to the Task Order by a VA Contracting Officer. Task Orders will be bulk funded so that funds are already available when the VA requires services. Do not exceed the amount bulk funded without first receiving a Modification. VA’s requests for services will be in accordance with Performance Work Statement paragraph 1.1.

B.5 MINIMUM / MAXIMUM

MINIMUM AND MAXIMUM in accordance with FAR 16.504(a)(4)(ii): The guaranteed minimum contract quantity is $500.00. The maximum quantity shall not exceed $2,500,000.00. The Government does not guarantee that it will place any orders under this contract in excess of the guaranteed minimum award amount.

B.6 PRICE/COST SCHEDULE

AMOUNT

Contract Period: Base POP Begin: 07-01-2018 POP End: 06-30-2023

Will be bulk funded

B.7 PERFORMANCE WORK STATEMENT (PWS)

LASER SERVICES

PUGET SOUND HEALTH CARE SYSTEM

1.0 Scope of Work: Surgical Services at the Puget Sound Health Care System (PSHCS) requires a contractor to provide rental of: Cyber TM High Power (Thulium), Cyber TM Scope, Holmium Laser, Microsurgical KTP Laser, Omniguide (brand name or equal) CO2 with additional fibers, CO2 Laser, GreenLight (brand name or equal) Laser, MoXy (brand name or equal) fiber, and or Continuous Flow Cystoscope, with a technician to run the equipment and to provide technical support during the procedure. Laser services not listed above will be considered within the scope of this contract and may be added via contract modification by creating additional sub Contract Line Item Numbers (CLIN) and prices; this will be negotiated between the VA Contracting Officer and the contractor before these potential additional laser services can be ordered.

1.1 Services are required on an as-needed basis. Laser services will be requested by the service line scheduling staff at the time the procedure is scheduled. This is normally, though not always, one week prior to services being required and normally will be a set day each week with the cases typically between the hours of 7 AM and 5 PM. Services will be confirmed the day prior to requirement.

1.2 We are requesting the contractor provide all labor, materials, transportation, equipment and supervision, in compliance with federal, state and local regulations.

1.3 This requirement is for a contractor to provide rental of the varied Laser machine options and a certified technician to run the equipment. We require this on an approximately weekly basis, to be billed monthly in arrears for actual services rendered.

1.4 The contract will require a contractor to provide services with a minimum of a primary and a back-up technician at the Seattle Department of Veterans Affairs Medical Center (VAMC), one to 4 times per month for an estimated 173 cases per year. The VA estimates that there will be 1 to 5 patients per visit. These figures are based on clinical backlog information.

1.5 The equipment must be prepared to perform the first procedure of the day at a mutually agreed upon time and continue to perform procedures until the SVAMC’s schedule for the day is complete. There also may be scheduled procedures that are subsequently cancelled and therefore no procedures are needed. The using facility may cancel a procedure with the contractor twenty-four (24) hours prior to the scheduled procedure time with no charges to the Government.

1.6 The contractor’s technical personnel shall be certified, trained, and current in all forms of laser procedure requested and in the operation of the equipment units. The technician shall assist the attending physicians in the operating room in the operation of the equipment units. The technician may be required to operate the device and any related imaging equipment during the procedures.

2.0 Contractor’s Specific Requirements:

2.1 Contractor will maintain the devices to include service and preventative maintenance to ensure that the devices are in the highest level of functioning condition, with, as a minimum, maintenance performed at the manufacturer’s manual requirements. Maintenance logs or copies must be available at all times.

2.2 Contractor is responsible for obtaining all necessary licenses, approvals, permits and be in compliance with all federal, state and local laws and regulations applicable to the devices and delivery of various laser equipment related to services provided under the term of a contract.

2.3 Contractor shall deliver all reports, digital, film and file records (if any) of all procedures performed with the devices to the operating room charge nurse in attendance. These medical records shall be the property of the Department of Veterans Affairs, PSHCS/663 facility.

2.4 Contractor shall perform all services under this contract in accordance with any and all regulatory and accreditation standards applicable to the individual VA facility, including without limitations,

2.4.1 those required by The Joint Commission (TJC) and/or

2.4.2 Association of Accreditation for Ambulatory Surgery Centers (AAA) certification for the state of Washington and,

2.4.3 shall comply with all Veterans Health Administration (VHA) regulations and directives.

2.4.4 Contractor shall provide consultation, if requested, in the development of protocols, utilization review, peer review and risk management as required by regulatory bodies.

2.5 Equipment provided shall meet criteria, pass bio-medical check, and perform functions as designed. Equipment will be used in the Surgery Suites located at the Seattle VAMC at 1660 S. Columbian Way, Seattle, WA 98108 in Building 100, Room 3D/104/ Area E, check-in. Check-in VA Administrative staff will contact VA Bio-medical for safety check before entering OR.

2.6 Contractor shall arrive at the surgery check-in 1 hour prior to scheduled first procedure.

2.7 The contractor will not require the use of the hospital computer system.

2.8 Monitoring of the contractor’s performance will be demonstrated through review of the completed study for each patient. Billing will include date of service and name of specific procedural laser used for service.

2.9 When working in the VA Operating Room, contract employees shall only wear VA scrubs, uniforms, special clothing and equipment that are provided by SVAMC. These scrubs, uniforms, special clothing and equipment will be left at the workstation in the appropriate “Soiled Linens” bin upon completion of duty shift.

3.0 Personnel:

3.1 Qualifications: Contractor personnel provided under this contract shall:

3.1.1 Have an unrestricted license in a US state, territory or Commonwealth of the United States or District of Columbia; and

3.1.2 Able to read, write, speak, and understand the English language.

3.2 Citizenship Related Requirements: Non-citizens must provide proof of eligibility to work and an e-verify printout.

3.3 All Cyber TM High Power (Thulium), Cyber TM Scope, Holmium Laser, Microsurgical KTP Laser, Omniguide (brand name or equal) CO2, CO2 Laser, GreenLight (brand name or equal) Laser, MoXy (brand name or equal) fiber, and or Continuous Flow Cystoscope specialists referred by the Contractor to perform the services provided by this contract shall be certified by the American Registry of Radiologic Technologists.

3.4 Contractor must ensure that all certifications held by personnel working under this contract shall be maintained, and are full and unrestricted.

3.5 Contractor shall, without additional expenses to the Government, be responsible for obtaining all necessary licenses, approvals, and permits and be in compliance with all federal, state and local laws and regulation applicable to Laser related services provided for under this contract. The Contractor will be responsible for providing this information to the Contracting Officer’s Representative (COR), if requested.

3.6 Contractor personnel shall be subject to the same quality assurance standards, meeting or exceeding current recognized national standards as all regular PSHCS employees. Contractor personnel shall perform the services in accordance with the ethical, professional, and technical standards of PSHCS.

3.7 Contractor shall immediately notify the Contracting Officer and COR anytime a Contractor employee(s) and/or facility are involved in malpractice actions or loss of certification.

3.8 No Leave Pay is compensated by the government for any contractor’s provider(s). Contractor’s provider(s) are solely employed by contractor and shall adhere to contractor’s Annual and Sick Leave provisos, as well as contractor’s holiday pay and policies.

3.9 Federal Holidays: The following holidays are observed by the Department of Veterans Affairs: No “holiday pay” is compensated by the government for any work provided by any contractor’s provider(s) on these days. Contractor’s provider(s) are solely employed by contractor and shall adhere to contractor’s holiday provisos.

4.0 Technical Proficiency:

4.1 All care provided to Veterans is expected to be of the highest quality and is subject to peer review, focused professional practice review, ongoing professional practice review, and quality assurance activities.

4.2 Adhere to PSHCS Rules and Regulations.

4.3 Participate, with PSHCS staff, in developing the patient’s plan of care, provide feedback to the PSHCS staff as the plan of care is executed and coordinated revisions to the plan of care, if required.

4.4 The services to be performed shall be performed in accordance with VA policies, procedures, and regulations. The government may evaluate the quality of professional and administrative service provided, but retains no control over the medical professional aspects of services rendered (e.g., professional judgments, and/or diagnosis for specific medical treatment).

4.5 The services required in this awarded contract shall be performed in accordance with established principles and ethics of the profession. The quality of healthcare provided shall meet or exceed the current recognized standards established by the American Medical Association (AMA), http://ww.ama-assn.org/Joint Commission(JC), http://www.jointcommisiion.org/standards/ and those of the other professional associations, which specify standards of performance for the medical profession.

5.0 Safety Requirements:

5.1 In the performance of this contract, the Contractor shall take such safety precautions as the Contracting Officer or his designee may determine to be reasonable and necessary to protect the lives and health of occupants of the building. The Contracting Officer or his designee will notify the Contractor of any non-compliance with the foregoing provisions and the action to be taken. The Contractor shall, after receipt of such notice, immediately correct the condition to which attention has been directed. Such notice, when served on the Contractor or his representative at the site of the work, shall be deemed sufficient for the purpose aforesaid. If the Contractor fails or refuses to comply promptly, the Contracting Officer may issue an order stopping all or any part of the work and hold the contractor in default.

5.2 The Laser Technicians are required to use universal precautions to guard against possibility of accidental exposure to blood-borne pathogens. PSHCS will provide appropriate Personal Protective Equipment (PPE). Laser Technicians will follow the guidance provided in the PSHCS Standard Operating Procedures (SOPs) regarding Infection Control, Safety and Hazardous Waste Management.

6.0 Invoices: Invoices shall be submitted monthly in arrears with the following information-

a. Contract number and purchase order number;

b. Station ID (663);

c. Dates of Service and Patient’s Medical Record Number;

d. Price;

e. Invoices will be billed as individual line items as they are listed in the price schedule;

f. Monthly invoice(s) will contain only those cases worked for that month. Previous invoiced caseload shall not be intermingled with current invoice. Invoices not received in proper format will be returned.

g. The PSHCS will not pay any hiring fees if the contract Technician is hired for a permanent position. The Government agrees not to pursue contractor personnel to be hired permanently at the VA.

7.0 PERFORMANCE STANDARDS, QUALITY ASSURANCE (QA) AND QUALITY IMPROVEMENT(QI)

7.1 Quality Management/Quality Assurance Surveillance: Contract personnel shall be subject to Quality Management measures, such as patient satisfaction surveys, timely completion of medical records, and Peer Reviews. Methods of Surveillance: Focused Provider Practice Evaluation (FPPE) and Ongoing Provider Practice Evaluation (OPPE). Contractor performance will be monitored by the government using the standards as outlined in this Performance Work Statement (PWS) and methods of surveillance detailed in the Quality Assurance Surveillance Plan (QASP). The QASP shall be attached to the resultant contract and shall define the methods and frequency of surveillance conducted.

7.2 Patient Complaints: The CO will resolve complaints concerning Contractor relations with the Government employees or patients. The CO is final authority on validating complaints. In the event that The Contractor is involved and named in a validated patient complaint, the Government reserves the right to refuse acceptance of the services of such personnel. This does not preclude refusal in the event of incidents involving physical or verbal abuse.

7.3 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. The CO and COR shall deal with issues raised concerning Contractor’s conduct. The final arbiter on questions of acceptability is the CO.

7.4 Performance Standards:

7.4.1 Measure: Key Personnel

Performance Requirement: Provide required medical service as specified in the requirements.

Standard: Qualified personnel are available and in location as needed to properly perform tasks as specified.

Acceptable Quality Level: 100% Surveillance Method: Direct Observation by OR staff.

Frequency: each service

7.4.2 Measure: Patient Safety

Performance Requirement: Patient safety incidents must be reported using Patient Safety Report.

Standard: All incidents reported immediately (within 24 hours.)

Acceptable Quality Level: 100% Surveillance Method: Direct Observation Frequency: Continuous

7.4.3 Measure: Maintains licensing, registration, and certification Performance Requirement: Updated Licensing, registration and certification will be provided as they are renewed.

Standard: Licensing and registration information kept current.

Acceptable Quality Level: Contract Provider records will be kept 100% up-to-date Surveillance Method: Annual Sampling contractor provided licensing, regristration and certifications.

Frequency: At least annually

7.4.4 Measure: Mandatory Training

Performance Requirement: Contractor completes all mandatory required training Standard: Contractor will complete all required training per VAMC policy Acceptable Quality Level: 100% Surveillance Method: Contractor to provide documented evidence Frequency: At least annually

7.4.5 Measure: Privacy, Confidentiality and HIPPA

Performance Requirement: Contractor is aware of all laws, regulations, policies and procedures relating to Privacy, Confidentiality and HIPPA and complies with all standards Standard: Zero breaches of privacy or confidentiality Acceptable Quality Level: 100% Surveillance Method: Contractor to provide evidence of annual training required by VAMC, reports violations per VA Directive 6500.6.

Frequency: Annually

7.4.6 Measure: Timely Invoicing

Performance Requirement: Within 30 days of the end of each month services were provided, as described above, the vendor shall provide itemized invoicing Standard: All itemized invoices provided within 30 days of end of each month services delivered Acceptable Quality Level: 100% Surveillance Method: Inspection Frequency: Monthly

APPENDIX A - SPECIAL CONTRACT REQUIREMENTS

1.0. INTRODUCTION: Under the authority of Public Law 104-262 and 38 USC 513.

Contractor agrees to provide Health Care Resources in accordance with the terms and conditions stated herein, to furnish to the Department of Veterans Affairs, the services and prices specified in the Performance Work Statement of this contract. This is a contract for commercial items. Award will be made for non-personal health care services, as defined in FAR 37.01, under which the Contractor is an Independent Contractor, may be awarded from this Solicitation. The Government may evaluate the quality of professional and administrative services provided, but retains no control over the medical, professional aspects of services rendered (e.g., professional judgments, and/or diagnosis for specific treatment).

North American Industry Classification System (NAICS) Code 621999 applies to this acquisition. See FAR provision titled 52.212-1 Instructions to Offerors- Commercial Items.

2.0. SERVICES: The services specified in the Performance Work Statement, Special Contract Requirements, or the Price/Cost Schedule, may be changed by written modifications in accordance with FAR Clause 52.212-4(c), Changes.

3.0. QUALIFICATIONS: Personnel assigned by the Contractor to perform the services covered by this contract shall be, when applicable, licensed in a State, Territory, or Commonwealth of the United States or the District of Columbia. All licenses held by the personnel working on this contract shall be full and unrestricted licenses.

4.0. PERSONNEL POLICY: 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:

a. workers compensation;

b. professional liability insurance;

c. health examinations;

d. income tax withholding; and

e. social security payments.

The parties agree that the Contractor, its employees, agents and sub-Contractors shall not be considered VA employees for any purpose. The parties agree the VA employees, agents and sub-Contractors shall not be considered employees of the Contractor for any purpose.

5.0. CONTRACT PERFORMANCE MONITORING: The VA Contracting Officer’s Representative (COR) appointed by the Contracting Officer (CO) will be the Government official responsible for monitoring Contractor compliance under this contract. After contract award, any incidents of Contractor noncompliance as evidenced by the monitoring procedures shall be forwarded immediately to the Contracting Officer.

6.0. KEY PERSONNEL AND TEMPORARY EMERGENCY SUBSTITUTIONS:

The Contractor shall assign to this contract the following key personnel in accordance with the PWS requirements:

NAME TITLE FUNCTION

6.1. During the first ninety (90) days of performance, the Contractor shall make NO substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer, in writing, within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph 6.2. After the initial 90-day period of the contract, the Contractor shall submit the information required by paragraph 6.2. to the Contracting Officer at least 15 days prior to making any permanent substitutions.

6.2. The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes shall have comparable qualifications to those of the persons being replaced. The contract will be modified to reflect any approved changes of key personnel.

6.3. The Contractor shall provide notification to the Contracting Officer of any action taken by the Contractor to suspend, revoke or allow the voluntary relinquishment of any medical staff membership or clinical privileges of the designated key health care personnel to render health care services to veteran patients, unless the action taken will last 30 days or less.

6.4. The National Provider Identifier (NPI) is a standard, unique 10 digit numeric identifier required by HIPAA. The VA must use NPIs in all HIPAA-standard electronic transactions for individuals (health care practitioners) and organizational entities (medical centers). The Contractor shall ensure the NPI is provided to the Contracting Officer.

7.0. COMPLIANCE WITH VETS-100 REPORTING REQUIREMENTS: In accordance with Public Law 105-359, section 1354 (enacted November 30, 1998); awards will not be made under this solicitation unless the Contracting Officer is able to confirm that the offeror is registered with the Department of Labor, VETS-100 certification and has complied with requirements to file a VETS-100 report for the preceding fiscal year under Title 38 Section 4212(d). The contracting officer may require the offeror to furnish evidence of filing. For questions and information on filing VETS-100 reports, contact the VETS-100 Processing Center at (703) 461-2460. NOTICE – Federal Acquisition Clause 52.222-37 Employment Reports on Disabled Veterans and Veterans of the Vietnam Era is incorporated by reference in this contract. Public Law (P.L.) 105-339, Section 1354 provides that no agency may enter into a contract with a Contractor who has not filed a VETS-100 report for the preceding year under Title 38 Section 4212(d). A contract can be placed with that Contractor as soon as the report required by Section 4212(d) for the fiscal year concern is filed with the Department of Labor. P.L. 105-339 also increased the threshold of covered contracts and subcontracts from $10,000 to $25,000. You are therefore strongly urged to complete this report as soon as possible to avoid delays in the contract award process. This can be done “on-line” at www.vets100.cudenver.edu/

8.0. CONTRACT MODIFICATIONS: The Contracting Officer is the only person authorized to approve changes or modify any of the requirements under this contract. The Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer is authorized to make commitments or issue changes that will affect price, quantity, or quality of performance of this contract. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change shall be considered to have been made without authority and no adjustment will be made in contract price to cover any increase in prices incurred as a result thereof. The Contractor must obtain authorization from the Contracting Officer for any services required outside the scope of work provided herein.

9.0. MEDICAL RECORDS:

9.1. Medical records and other patient information created by the employee shall become property of the VA Health Care System. Health care and/or patient records are subject to VA policy and standards which are designed to protect the confidentiality of the patient’s medical records in accordance with applicable state and federal laws and recognized standards of professional practice. It will be the responsibility of the VA Healthcare System to obtain and provide evidence of patient’s written authorization prior to release of any patient information to non-VA providers working on behalf of the Contractor.

10.0. PAYMENT:

10.1. The Contractor shall bill monthly in arrears using the prices listed in the contract.

10.2. The VA agrees to reimburse the Contractor according to the terms of the contract for resources furnished in this contract.

10.3. Sums due to the Contractor will be paid within 30 days of receipt of a properly prepared claim submitted by the Contractor.

10.4. Claims submitted by the Contractor to the VA for services rendered a VA beneficiary under the terms of this Contract shall be in full. Neither the beneficiary, his/her insurer nor any other third party shall be billed by the Contractor. This provision shall survive the termination or completion of this Contract.

10.5. Refer to Title 42 Code of Federal Regulations (CFR) Sections 412.4, 415.170, 415.172, 415.178, 415.180 and 415.190 as conditions of payment.

11.0. CONTRACT MONITORING PROCEDURES: The Contracting Officer's Representative (COR) will be responsible for monitoring contract compliance. The COR will represent the Contracting Officer (CO) in furnishing technical guidance and advice regarding the work being performed under this contract as well as monitoring contract compliance. The foregoing is not to be construed as authorization to interpret or furnish advice and information to the Contractor relative to the financial or legal aspects of the contract. Enforcement of these segments is vested in and is the responsibility of the Contracting Officer. The COR shall also forward to the CO a completed healthcare Contractor performance report annually prior to the exercising of an option year. A Quality Assurance Surveillance Plan (QASP) will be required for this contract and will provide a systematic method to evaluate performance for the stated contract requirements. The QASP will explain the following:

a. What will be monitored;

b. How monitoring will take place;

c. Who will conduct the monitoring; and

d. How monitoring efforts and results will be documented.

12.0. HIPAA COMPLIANCE: In accordance with 45 C.F.R. Parts 160, 162 and 164 (Health Insurance Portability and Accountability Act) and 38 U.S.C. 5701, 38 U.S.C. 5705, 38 U.S.C. 7332,5 U.S.C. 552a (Privacy Act), the Parties agree to hold all individually identifiable health information as that term is defined in the Health Insurance Portability and Accountability Act and regulations promulgated there-under (collectively, “HIPAA”) shared with, transferred or transmitted to, or otherwise obtained by the Contractor on or from or on behalf of the VA in the course of the Contractor providing the services under this Contract (“Protected Health Information”) strictly confidential, and provide protections to prevent the unauthorized disclosure of such information, including, but not limited to the protection required by applicable federal, VA, state and local laws, policies and/or regulations regarding the security and the confidentiality of patient health care information including, but not limited to, HIPAA. Specifically, the Contractor agrees as follows:

a. To maintain safeguards as necessary to ensure that the Protected Health Information is not used or disclosed except as required to perform its obligations under the Contract, as expressly permitted herein or as required or permitted by law;

b. To ensure that any sub-Contractors or agents to whom it provides Protected Health Information agree to the same restrictions and conditions that applies with respect to such information;

c. To make available its internal practices, books and records relating to the use and disclosure of Protected Health Information to the Department of Health and Human Services or its agents as required by HIPAA;

d. To incorporate any amendments or corrections to Protected Health Information when notified by the VA that the information is inaccurate or incomplete;

e. To, at termination of this Contract and as feasible, return or destroy all Protected Health Information that it still maintains or archive to meet the Contractor’s legal obligations related to retention of records;

f. To ensure that, as to any Protected Health Information held by the Contractor, the Contractor policies are in place to allow access to that Protected Health Information by the subject of that information as required by HIPAA;

g. To report to the VA any use or disclosure of Protected Health Information which is not allowed under the terms of the Contract.

12.1. The VA has recognized the Contractor as an entity that does not require a Business Associate Agreement (BAA) with their Contractors as long as they are conducting health care on VA’s behalf. Hospital based healthcare services qualifies as a medical service. Therefore, no BAA is required.

APPENDIX B - VA INFORMATION AND INFORMATION SYSTEM SECURITY/ PRIVACY:

1.0. GENERAL: Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.

2.0. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS:

2.1. A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order.

2.2. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.

2.3. Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness.

2.4. Custom software development and outsourced operations must be located in the U.S. to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the contractor/subcontractor must state where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor.

2.5. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor’s employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination.

3.0. VA INFORMATION CUSTODIAL LANGUAGE:

3.1. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1).

3.2. VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor’s information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA’s information is returned to the VA or destroyed in accordance with VA’s sanitization requirements. VA reserves the right to conduct onsite inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements.

3.3. Prior to termination or completion of this contract, contractor/subcontractor must not destroy information received from VA, or gathered/created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract.

3.4. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract.

3.5. The following statement on all fax cover sheets be included: This fax is intended only for the use of the person or office to which it is addressed and may contain information that is privileged, confidential, or protected by law. All others are hereby notified that the receipt of this fax does not waive any applicable privilege or exemption for disclosure and that any dissemination, distribution, or copying of this communication is prohibited. if you have received this fax in error, please notify this office immediately at the telephone number listed above.”

3.6. The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any…