36C26020Q0003-001.docx

36C26020Q0003

PAGE 1 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 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

36C26020Q0003 10-25-2019 Darlene Anderson 253-888-4905 11-08-2019 12 Noon Pacific 663A Department of Veterans Affairs Network Contracting Office 20 1495 Wilmington Drive, Suite 360 DuPont WA 98327 X 621492 $41.5 Million N/A X Department of Veterans Affairs Boise VA Medical Center 500 West Fort Street Boise ID 83702 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: Acute Dialysis Services, for the Boise VA Medical Center, Boise, ID Period of Performance:

Base Year 12/1/2019 – 11/30/2020 Option Year 1 12/1/2020 – 11/30/2021 Option Year 2 12/1/2021 – 11/30/2022 Option Year 3 12/1/2022 – 11/30/2023 Option Year 4 12/1/2023 – 11/30/2024 Interested Offerors are advised to pay special attention to the instructions in Section E.2 FAR 52.212-1 Addendum paragraph 7, 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 Block 7a above.

See CONTINUATION Page 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:

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer (90C) 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 should be mailed in accordance with:

3. INVOICES: Invoices shall be submitted in arrears:

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

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:

6.0. 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:

6.1. 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.

6.2. 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:

6.2.1.VA’s Electronic Invoice Presentment and Payment System – The FSC uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission. Please go to this website: http://www.tungsten-network.com/US/en/veterans-affairs/ to begin submitting electronic invoices, free of charge.

6.2.2.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).

6.3. Vendor e-Invoice Set-Up Information:

Please contact Tungsten 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, please contact the FSC at the phone number or email address listed below:

•Tungsten e-Invoice Setup Information: 1-877-489-6135 •Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com •FSC e-Invoice Contact Information: 1-877-353-9791 •FSC e-invoice email: vafsccshd@va.gov

B.2 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 paragraphs 3.1., and 4.1.

B.3 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 $1,400,000.00. The Government does not guarantee that it will place any orders under this contract in excess of the guaranteed minimum award amount.

B.4 PRICE/COST SCHEDULE

AMOUNT

Contract Period: Base POP Begin: 12-01-2019 POP End: 11-30-2020

Will be bulk funded

Contract Period: Base POP Begin: 12-01-2020 POP End: 11-30-2021

Will be bulk funded

Contract Period: Base POP Begin: 12-01-2021 POP End: 11-30-2022

Will be bulk funded

Contract Period: Base POP Begin: 12-01-2022 POP End: 11-30-2023

Will be bulk funded

Contract Period: Base POP Begin: 12-01-2023 POP End: 11-30-2024

Will be bulk funded

B.5 PERFORMANCE WORK STATEMENT

INPATIENT ACUTE DIALYSIS SERVICES

For the

BOISE VA MEDICAL CENTER (BVAMC)

BOISE, IDAHO

1.0. GENERAL:

1.1. Authority: Title 38 USC 8153/ VA Directive 1663

1.2. Services Required: Contractor to provide the services of a qualified Registered Nurse (RN) to provide Acute Bedside Dialysis Services to eligible patients of the Department of Veterans Affairs Medical Center, Boise, ID (BVAMC). Approximately 80 patients are admitted to the hospital that require dialysis. Boise VAMC does not have internal dialysis services available. This contract is to fill the dialysis needs of inpatients.

1.3. Place of Performance: Services are to be provided at the Department of Veterans Affairs Medical Center, 500 West Fort Street, Boise, ID 83702. No travel, lodging or per diem is authorized. Contractor personnel must be present at this facility and must perform the required services for the period specified in the contract. Offeror must be located within a 50-mile radius of the VA Medical Center, Boise, ID.

2.0. CONTRACT PERSONNEL QUALIFICATIONS:

2.1. Qualifications: Registered Nurses (RN) assigned by the Contractor to perform the services covered by this contract shall have the minimum qualifications shown in the following paragraphs. The Contractor must verify RN qualifications. A file on each RN providing services under this contract will be kept at the Boise VAMC Nursing Services Office. The qualifications of such personnel shall be subject to review by the VA Chief of Staff, approval by the VA Facility Director, and approval by the COR. Contractor agrees to submit proof of qualifications identified below prior to RN’s performing services at the Boise VAMC. Contractor agrees to allow access to employee files at their site upon request by the COR.

· RNs must have a current valid and unrestricted license in a State, Territory or Commonwealth of the United States or the District of Columbia.

· RNs must have competency in the area of assignment.

· RNs provided must have a current certification in Basic Life Support (BLS) and must keep it current.

· RNs education level of a BSN preferred but not required.

2.1.1. License: The dialysis providers called for in this contract must have an unrestricted license in a US state, territory or US commonwealth. Proof of licensure must be provided to the BVAMC upon contract acceptance and yearly thereafter. The qualifications of such personnel shall also be subject to review and approval by the Chief of Staff and the ACOS for Medical Service.

2.1.2. Continuing Medical Education (CME)/ Certified Education Unit (CEU) Requirements: Contractor must maintain appropriate CME/CEU as required by state licensing to maintain nursing.

2.1.3. Credentialing and Privileging: Contractor must enter all staff that will perform services under this contract through the VA Vetpro credentialing process for board certification and eligibility.

2.1.4. Training: Contractor staff must have Basic Life Support (BLS) and maintain it at the contractor’s expense. Contractor will complete a competency verification checklist for each RN. Contractor will also have all RNs complete the orientation modules provided by the Boise VAMC. Contractor will complete VA Privacy and Information Security Awareness and Rules of Behavior training and Privacy and HIPAA training through the VA computer training program. Competency checklist, orientation modules answer sheet and verification of computer training must be submitted to the BVAMC prior to the start of service. In addition, all RNs must complete a facility orientation training provided by the contractor. Verification of facility orientation shall be submitted to the COR upon completion.

2.1.5. Standard Personnel Testing:

· RNs must have a negative PPD within the last year, or; if a known reaction, a negative chest x-ray within the past year.

· RNs must have immunity against Hepatitis B (Hepatitis B-Surface Antibody Titer) or declination that vaccine was refused.

2.1.6. National Provider Identification (NPI): Covered health care providers and all health plans and health care clearinghouses must use the NPIs in the administrative and financial transactions adopted under HIPAA.

2.1.7. Conflict of Interest: The Contractor shall not employ any person who is an employee of the United States Government if the employment of that person would create a conflict of interest. The Contractor shall not employ any person who is an employee of the Department of Veterans Affairs unless such person seeks and receives approval in accordance with VA Regulations and public law. Nor shall the Contractor employ any person who is a member of the immediate family of a VA employee employed at the BVAMC if the employment of that family member would create a conflict of interest or the appearance of a conflict of interest, particularly with regard to influencing the contract negotiations, terms of the contract or the work carried out under the contract. In any such case, VA must review the matter and give its approval in accordance with agency ethics rules.

2.1.8. Citizenship related Requirements: U.S. citizenship is required in the event no qualified citizens are available in accordance with current regulations non-citizens may be appointed. Employees must be proficient in reading, speaking and understanding the English language.

2.1.9. Annual Office of Inspector General (OIG) Statement: 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 (https://exclusions.oig.hhs.gov/ ) 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.

2.2. Non-Personal Services: The service portion of this contract is a non-personal health care services contract. The Government will evaluate the quality of professional and administrative services provided, but retains no control over the medical and professional aspects of the services rendered.

2.2.1. No Employee status: Personnel rendering the services are not subject, either by the contract terms or by the manner of its administration, to the supervision and control usually prevailing in relationship between the Government and its employees. The Contractor shall be fully responsible for the actions of its employees and shall indemnify the Government for any liability producing act or omission by the contractor, its employees and agents occurring during contract performance.

2.3. Key Personnel and Temporary Emergency Substitutions: The contractor shall identify, in writing, at least one individual (key personnel) who has the authority to fully represent the contractor in all contracting matters, including all day-to-day matters. No substitutions or changes may be made in the first ninety (90) days of the contract.

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

if applicable

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

b. 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 Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on the proposed substitutes. The contract will be modified to reflect any approved changes of key personnel.

c. For temporary substitutions where the key person will not be reporting to work for three (3) consecutive work days or more, the Contractor will provide a qualified replacement for the key person. This substitute shall have comparable qualifications to the key person. Any period exceeding two weeks will require the procedure as stated above.

3.0. HOURS OF OPERATION:

3.1. Business Hours: Inpatient Care is a 24/7 operation and may require Acute Dialysis at any time. Work will be dependent upon patient needs; therefore, the schedule will vary. Work days may include weekdays, weekends, off duty hours, and holidays.

3.1.1. Definitions: Contractor’s employee must be present at the VA facility during scheduled working hours and must be performing the required services identified in the Performance Work Statement or the cost will be decreased accordingly during each billing cycle. In the event the VA incurs additional cost for ensuring patient care is maintained due to the Contractor’s employee missing a shift, the Contractor shall be responsible for those costs. The payments for holiday time and for any leave, including sick leave or vacation time is the responsibility of the contractor. The services covered by this contract shall be furnished by the Contractor during work hours as defined herein. The Contractor will not be required, except in case of an emergency, to furnish such services on a national holiday or during non-working hours as described below.

3.1.2. Work Schedule: See 3.1.

3.1.3. Federal Holidays: The ten holidays observed by the Federal Government are:

· New Year’s Day

· Martin Luther King, JR’s Birthday

· Presidents Day

· Memorial Day

· Independence Day

· Labor Day

· Columbus Day

· Veterans Day

· Thanksgiving Day

· Christmas Day

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

3.1.4. Off-Duty hours: none

3.1.5. Cancellation Policy: If services are requested by Boise VAMC designated staff for Acute Dialysis services, it is the expectation that services be provided without cancelation from contractor. Contractor personnel must be present at this facility and must perform the required services for the period specified in the contract.

4.0. CONTRACTOR RESPONSIBILITIES:

4.1. Services Required: The exact schedule of the Dialysis services will be determined by a mutual agreement between the VA Chief of Staff or designee, the contractor and the COR. It is understood that efficiency of patient care is the critical factor in determining this schedule.

4.1.1 The contractor must furnish all equipment required to perform contract requirements. Contractor shall retain the responsibility for maintaining equipment in good working order and repair if necessary so that contract requirements are met. The contractor will supply the following items: PD solutions, HD solutions, tubing, needles, and cleaning supplies, such as bleach and vinegar.

4.1.2. The Government does not assume any liability nor will the government reimburse the contractor for any damage or theft to this equipment resulting in any way from the performance of this contract. Contractor must provide and maintain insurance coverage as deemed necessary in the event that damage or theft may occur.

4.1.3. Contractor shall ensure that adequate preventative maintenance is performed on dialysis equipment on a regular basis to ensure patient safety. Contractor shall provide semi-annual reports consisting of copies of maintenance records, downtime and equipment safety certifications. These reports shall be submitted at the time of contract award and every six months thereafter through the life of the contract.

4.1.4 Contractor shall clean the dialysis equipment according to the manufactures recommend process after each use. The contractor shall provide a copy of the manufacturer’s recommendations for cleaning the machines to Boise VAMC and a copy of the contractor’s Standard Operating Procedure for disinfecting the machine.

4.1.5. Contractor will ensure that all equipment is stored in accordance with VHA policy.

4.1.6. Contactor will maintain logs verifying when all weekly, monthly and quarterly cleaning and maintenance of the equipment is completed.

4.1.7. The contractor is required to submit reports demonstrating a compliance level of no less 90% in the following areas: maintenance of vascular access site, compliance with dialysis prescription, assessment/reassessment of pain, patient education regarding treatment documented and hand off communication to hospital RN is documented.

4.1.8. Contractor shall have a Performance Improvement Plan, collect data and submit the information to the Department of Veterans Affairs, at least quarterly.

4.1.9. The services to be performed by the contractor will be performed within the VA policies, procedures and regulations.

4.1.10. Contractor will transact business only with the appropriate offices of the VA and in no case deal directly with, or solicit from beneficiaries of the VA.

4.2. Standards of Practice:

a. Contractor shall be responsible for meeting or exceeding VA and Joint Commission (or equivalent) standards.

b. The contractor shall be responsible for protecting the personnel furnishing services under this contract. The parties agree that the contractor, its employees, agents and subcontractors shall not be considered VA employees for any purpose. To carry out this responsibility, the contractor shall provide the following for these personnel:

· General liability

· Worker’s compensation

· Professional liability insurance

· Health examinations

· Income tax withholding, and

· Social Security payments

4.2.1. CONTRACTOR STANDARDS: Contractor is responsible for developing and maintaining written policies and procedures for licensure and certification, competency evaluation, orientation and continuing education, which are appropriate for the scope of care and services provided by employees and subcontractors under this contract.

4.3. Medical Records: The Contractor shall document the services provided, in accordance with the documentation policies of the VA. The documentation will be given to the Ward Clerk to be scanned into the patient’s electronic medical record. VA policies shall stipulate the use of the Contractor’s standard forms related to the provision of dialysis services. VA policies shall include, but not be limited to, procedure and schedule for bacteriological and chemical water testing, procedure and schedule to assure sterility and/or cleanliness of the equipment before each dialysis, and infection control procedures for the prevention and control of hepatitis. Any changes in VA policies regarding inpatient dialysis services shall be subject to joint development with the Contractor and agreed to by both parties.

4.3.1. Authorities: By performing services under this contract, the Contractor is considered part of the VA healthcare activity for purposes of the following statutes and respective regulations implementing these statutes: Title 5 U.S.C Section 552a (Privacy Act), Title 38 U.S.C. Section 5701, Title 38 U.S.C. Section 5705, Title 38 U.S.C Section 7332, and Public Law 104-191 (HIPAA).

4.3.2. HIPPA: Contractor will complete VA Privacy and Information Security Awareness and Rules of Behavior training and Privacy and HIPAA training through the VA computer training program. Competency checklist, orientation modules answer sheet and verification of computer training must be submitted to the BVAMC prior to the start of service.

4.3.3. Disclosure: Any contract resulting from this solicitation will be subject to the Privacy Act of 1974. Federal Acquisition Regulations 52.224-1 Privacy Act Notification and 52.224-2 Privacy Act are incorporated by reference.

4.3.4. Professional standards for documenting care: Contract personnel are responsible for ensuring that their documentation practices are in accordance with all applicable state and federal regulations. SEE VHA HANDBOOK 1907.01, HEALTH INFORMATION MANAGEMENT AND HEALTH RECORDS. https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=3088

4.3.5. Release of Information:

a. Contract personnel shall have access to patient medical records/information and general files only to the extent necessary to perform their contractual duties. Contract personnel shall only release medical information obtained during the course of this contract to those VA medical staff members involved in the necessary care and treatment of the individual patient to which the information pertains. Notwithstanding any other clause and/or provision of this contract, if a request for release or disclosure of information is not necessary for the care and treatment of an individual patient, the Contractor and contract personnel shall not disclose any information contained in general files, patient records, and/or any other individually identifiable health information, including information and records generated by the Contractor in performance of this contract, except pursuant to explicit instruction and written approval from VA. For the purposes of this paragraph, instruction to disclose or copy such records and/or information may be provided by the following only: VA Regional Counsel, Chief, Health Information Management Services, or Privacy Officer through the VA Contracting Officer. Violation of the aforementioned statutes may result in criminal and/or civil penalties.

b. Contract RN and VA Staff RN will complete an SBAR (Situation, Background, Assessment, Recommendation) hand off form before starting the treatment. The SBAR form is to be used to facilitate prompt and appropriate communication regarding the patient’s healthcare information. The SBAR form will be scanned into the patient’s record by the Ward Clerk.

c. Information or records accessed and/or created by the Contractor in the course of performing services under this contract are the property of the VA and shall not be accessed, released, transferred, or destroyed except in accordance with applicable federal law, regulations, and/or VA/VHA policy. The Contractor will not copy information contained in VA information systems, either by printing to paper or by copying to another digital format, without the explicit instruction and written approval from of the VA officials, except as is necessary to make single copies in the ordinary course of providing patient care. The Contractor will not commingle the data from VA information systems with information from other sources. Contractor shall report any unauthorized disclosure of VA information to the VA officials.

5.0. DIRECT PATIENT CARE:

5.1. Appearance:

· Contractor employees shall wear agency identification badge as well as VA badge at all times while on the premises of the BVAMC.

· All Contractor employees shall maintain a neat personal appearance and maintain a professional decorum.

· Uniforms are not required, scrub suits may be worn.

· Contractor employees are required to wear closed-toed shoes at all times when working at the BVAMC.

· Contractor employees shall not wear heavy perfume.

· Contractor employee may not have fingernails that exceed ¼ inch. Artificial fingernails are not authorized.

5.1.1. Contractor employees shall wear special protective clothing when required. These protective clothing items will be supplied by the BVAMC and will remain the property of the BVAMC. Damage to this clothing will be at the Contractor's expense.

5.2. Contractor shall be responsible for:

5.2.1. Task 1: Provide Acute Bedside Dialysis Services to eligible patients of the Department of Veterans Affairs Medical Center, Boise, ID (BVAMC).

5.2.2. Summary invoices shall be submitted weekly or monthly, in arrears of performing service. Contract number must be referenced on all correspondence, sales slips, delivery tickets, receipts, invoices and/or billings. Payments will be made upon receipt of a properly prepared, certifiable invoice to include purchase order number, contractor’s name, address and telephone number, name of contract personnel providing service, hours and date service provided and amount billed. All invoices from the Contractor shall be submitted through the Invoice Payment Processing System (IPPS).

6.0. ADMINISTRATIVE:

6.1 CONTRACT ADMINISTRATION: The Contracting officer is the only person authorized to approve changes or modify any of the requirements of 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 which affect price, quantity or performance of this contract.

6.2 The services may be changed by written modification to this contract. The modification will be prepared by the VA contracting officer and, prior to becoming effective, shall be approved by the VA Chief of Staff or his/her designee.

6.3 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 the contract price to cover any increase in cost incurred as a result thereof.

6.4. Contractor shall be responsible for:

6.4.1. Task 1: Contract Nurses must be generally acquainted with the hospital fire and disaster procedures and infection control and hand hygiene practices.

7.0. GOVERNMENT RESPONSIBILITIES: The government will supply a secure storage room for the equipment and supplies provided by the contractor.

7.1. Oversight of Service/Performance Monitoring:

7.1.1 The Contracting Officer will appoint individuals identified as Contracting Officer’s Representative (COR), in writing, who are authorized to place individual orders under this contract. These individuals may issue individual verbal or written orders to the Contractor(s) for nursing support. The terms and conditions of this contract will be applicable to the resulting contract (individual orders). BVAMC will not pay for services ordered by unauthorized individuals.

7.1.2. The Nursing Service Administrative Officer will be appointed Contracting Officer Representative (COR) upon award of this contract, and pursuant to the Delegation of Authority to be issued, will be responsible for verifying contract compliance.

7.1.3. The COR will periodically evaluate workload accomplished during the contract period to assure necessary services are consistently provided.

7.1.4. The COR will be responsible for monitoring the quality of services provided under this contract.

8.0. PERFORMANCE STANDARDS, QUALITY ASSURANCE AND QUALITY IMPROVEMENT:

8.1. The contractor is required to submit reports demonstrating a compliance level of no less than 90% in the following areas: maintenance of vascular access site compliance with dialysis prescription, assessment/reassessment of pain, patient education regarding treatment documented and hand off communication to hospital RN is documented.

8.2. Performance Standards: The COR will be responsible for monitoring the quality of services provided under this contract. The contractor will be monitored through a variety of mechanisms, including but not limited to: sign in/outs, chart documentation of patient diagnosis, treatment and/or follow up procedures, QA monitors designed to assess the quality of care provided, log books to document and number of procedures completed. See attached QASP for performance requirements, standards, acceptable quality levels, and method of surveillance.

9.0. SPECIAL CONTRACT REQUIREMENTS

9.1. CONTRACTOR Security Requirements:

a. Contractor will only have access to such information as provided by the BVAMC as required to provide medical care as described in this PWS.

9.2. Liquidated Damages for Data Breach:

a. Consistent with the requirements of 38 U.S.C. 5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract. However, it is the policy of VA to forego collection of liquidated damages in the event the contractor provides payment of actual damages in an amount determined to be adequate by the agency.

b. The contractor/subcontractor shall provide notice to VA of a "security incident" as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination.

c. Each risk analysis shall address all relevant information concerning the data breach, including the following:

(1) Nature of the event (loss, theft, unauthorized access);

(2) Description of the event, including:

(a) Date of occurrence;

(b) data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code;

(3) Number of individuals affected or potentially affected;

(4) Names of individuals or groups affected or potentially affected;

(5) Ease of logical data access to the lost, stolen or improperly accessed data in light of the degree of protection for the data, e.g., unencrypted, plain text;

(6) Amount of time the data has been out of VA control;

(7) The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons);

(8) Known misuses of data containing sensitive personal information, if any;

(9) Assessment of the potential harm to the affected individuals;

(10) Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; and

(11) Whether credit protection services may assist record subjects in avoiding or mitigating the results of identity theft based on the sensitive personal information that may have been compromised.

d. Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the VA liquidated damages in the amount of $37.50 per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following:

(1) Notification;

(2) One year of credit monitoring services consisting of automatic daily monitoring of at least three (3) relevant credit bureau reports;

(3) Data breach analysis;

(4) Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution;

(5) One (1) year of identity theft insurance with $20,000.00 coverage at $0 deductible; and

(6) Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs.

APPENDIX A – SPECIAL CONTRACT REQUIREMENTS

Under the authority of Public Law 104-262 and 38 USC 8153, the contractor agrees to provide Health Care Resources in accordance with the terms and conditions stated herein, to furnish to and at the Department of Veterans Affairs Medical Center, Boise, ID VAMC (BVAMC), the services and prices specified in the Section entitled Schedule of Supplies/Services of this contract.

1. SERVICES:

a. The services specified in the Sections entitled Schedule of Supplies/Services and Special Contract Requirements may be changed by written modification to this contract.

b. Other necessary personnel for the operation of the services contracted for at the VA will be provided by the VA at levels mutually agreed upon which are compatible with the safety of the patient and personnel and with quality medical care programming.

c. The services to be performed by the contractor will be performed in accordance with VA policies and procedures and the regulations of the medical staff by laws of the VA facility.

2. RECORD KEEPING:

The BVAMC shall establish and maintain a record keeping system that will record the hours worked by the contractor employee(s). Contractor's employee(s) shall report to the Administrative Officer, or designee upon arrival at the BVAMC.

3. CONTRACT PERFORMANCE MONITORING:

Monitoring of contractors time shall be demonstrated through sign-in/ sign-out sheets. The contractor shall be required to sign an attendance log upon reporting to work and departing from work. The COR, shall be the VA official responsible for verifying contract compliance. After contract award, any incidents of contractor noncompliance as evidenced by the monitoring procedures shall be forwarded immediately to the Contracting Officer.

4. NATIONAL PROVIDER IDENTIFIER:

The National provider identifier (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 ensure that the health care practitioners and/or medical center providing service under the contract obtains a NPI and provides it to the contracting officer.

5. SECURITY:

A. Any contractor and/or subcontractor retained to do work for VA under this contract/order that requires the access, use, storage, modification, or transmission of VA Sensitive Personal Information (SPI) must follow and adhere to the security controls, enhancements, compensating controls, protocols, regulations, and VA directions as the Contracting Officer (CO) shall direct, including, but not limited to those derived from the Federal Information Security Management Act (FISMA), OMB Circular No. A-130 and VA Handbook 6500/6500.6. The contractor must report any data breach according to the protocols and timeframes in HB 6500.

B. If any contractor/sub-contractor retained to do work for VA under this contract/order requires access, use, etc., of VA SPI as aforesaid, and if an actionable data breach occurs because of the contractor/subcontractor’s acts, omissions, or negligence in following the VA-directed security controls, enhancements, compensating controls, protocols, and/or measures, including, but not limited to the sources above, the contractor/subcontractor is further subject to the statutory requirement to assess liquidated damages against contractors and/or subcontractors under 38 U.S.C. §5725 in the event of a breach of Sensitive Personal Information (SPI)/Personally Identifiable Information (PII). Said liquidated damages shall be assessed at $37.50 per affected Veteran or beneficiary. A breach in this context includes the unauthorized acquisition, access, use, or disclosure of VA SPI which compromises not only the information’s security or privacy but that of the Veteran or beneficiary as well as the potential exposure or wrongful disclosure of such information as a result of a failure to follow proper data security controls and protocols.

6. For all facsimile transmissions made under this contract, a facsimile cover sheet must be used, and the following statement must be included on said cover sheet:

“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.”

APPENDIX B – IT CONTRACT SECURITY

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY

1. 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. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

a. 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.

b. 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.

c. 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.

d. 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.

e. 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. VA INFORMATION CUSTODIAL LANGUAGE

a. 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).

b. 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…