36C26118Q0132-001.docx

36C26118Q0132

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

XX

654-18-1-080-0002 36C26118Q0132 12-04-2017 Nandini Johnson 916-923-4575 01-02-2018 12:00

612MCP

Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Northern California HealthCare System 5342 Dudley Blvd, Bldg 209 McClellan

CA

95652-2609 561320 $27.5 Million X N/A X Reference Delivery Schedule

612MCP

Department of Veterans Affairs Department of Veterans Affairs VA Northern California HealthCare System 3230 Peacekeeper Way, Bldg. 209 McClellan

CA

95652-1012

Department of Veterans Affairs FMS VA-9(101) Financial Services Center PO Box 149971 Austin

TX

78714-9971 Contractor shall provide Temporary Clinical Support for the VA Sierra Nevada Health Care System on an as-needed basis in accordance with the Performance Work Statement contained herein.

Reference Price/Cost Schedule:

Please carefully read FAR 52.212-1 Instructions to Offerors and VAAR 852.273-73 Evaluation - Health Care Resources in order to respond to this RFQ. Failure to do so may eliminate your response from being considered for award.

654-3680160-080-824100-2560 0100202E3 X Nandini Johnson Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

(continuation from Standard Form 1449, block 18A.)

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C261 Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Northern California HealthCare System 5342 Dudley Blvd, Bldg 209 McClellan CA 95652-2609

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. 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. Invoices 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 be changed during the Period of Performance of this acquisition. Current invoicing information is located at https://www.fsc.va.gov/einvoice.asp 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 NOTIFICATION TO OFFERORS

1. Authority: Temporary Clinical Support Services are being procured in accordance with FAR Part 13 and is a 100% set aside for Services Disabled Veteran Owned Small Business (SDVOSB).

2. Offerors MUST complete and return all information designated in the enclosed Federal Acquisition Regulation (FAR) clause 52.212-1, Instructions to Offerors – Commercial Items, paragraph b, prior to the time specified in block 8 of SF1449 in order to be considered for award. Offerors should also reference enclosed amendment to FAR 52.212-1 and VAAR Provision 852.273-73 Evaluation - Health-Care Resources, for further information of requirements for the submission of proposals. Failure to do so may preclude the Offeror from further consideration.

3. Offerors should thoroughly review the specifications and be familiar with the requirements of the solicitation prior to submitting proposals in order to be fully aware of the scope of services required. Failure to do so will not relieve the successful Offeror from performing in accordance with the strict intent and meaning of the specifications without additional cost to the Government.

4. TECHNICAL INQUIRES: Direct all technical inquiries via email to the Administrative Contracting Officer, Nandini Johnson, at Nandini.johnson@va.gov not later than December 15, 2017.

5. DUNS NUMBER: Provide the Dun and Bradstreet Number assigned to your firm in the space provided below: (refer to Provision 52.212-1, Instructions to Offerors – Commercial Items):

6. The Government may use two separate and individual online databases for proposal evaluations:

a. The Federal Awardee Performance and Integrity Information System (FAPIIS) found at https://fapiis.ppirs.gov/ , a subcomponent of the Contractor Performance Assessment Reporting System (CPARS) found at https://www.cpars.gov/. As prescribed in Federal Acquisition Regulation (FAR) Part 42.15, the Department of Veterans Affairs (DVA) evaluates Contractor past performance on all contracts that exceed $100,000, and shares those evaluations with other Federal Government contract specialists and procurement officials. The FAR requires that the Contractor is provided an opportunity to comment on past performance evaluations prior to each report closing. The CPARS database, which is available to all Federal agencies, is used to capture this information. Further, your registered representative data, as well as any other information in your registration data, must be kept current. Performance evaluations entered into CPARS by the Contracting Officer will be assigned to the Contractor’s registered representative for comment. Failure to comment and reassign the report back to the Contracting Officer, or to maintain current registration, will result in the Government’s evaluation being entered in the database with a statement that you have failed to respond.

b. The System for Award Management (SAM) for the provision of basic information relative to contract awards found at https://www.sam.gov/ . After initial registration, the Contractor is required to update registration data as changes occur and must re-register annually to ensure all data remains current. Noncompliance with this requirement will preclude the exercising of any option periods that may be included herein and will be cause for termination of the contract at such time noncompliance is discovered. Refer to FAR Clause 52.212-4, para (t) for more details.

c. IT IS IMPERATIVE THAT ALL OFFERORS COMPLETE THESE REGISTRATIONS IN ORDER TO BE CONSIDERED FOR CONTRACT AWARD. Award cannot be made to a Contractor without current registration in each of these database systems.

d. PAYMENT: Upon award, the successful Offeror will be required to establish payment by electronic funds transfer (EFT). For implementing EFT payments, please contact your financial institution for assistance in completion of the Payment Information Form – SF 3881 and submit to the VA Finance Center in Austin, Texas. SF 3881 is NOT to be returned with the proposal. It must be submitted by the SUCCESSFUL Offeror directly to the VA Finance Center in Austin, Texas.

B.1 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011)

This solicitation includes VAAR 852.219-10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside. Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by VA to assist in assessing the contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to contractor's offices where the contractor's business records or other proprietary data are retained and 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's compliance with the limitations on subcontracting or percentage of work performance requirement.

B.5 SCHEDULE OF SERVICES PRICE/COST

The Contractor shall furnish all personnel to provide services necessary to perform onsite Nursing Support Services to eligible beneficiaries of the Department of Veterans Affairs Medical Center, VA Sierra Nevada Health Care System (hereinafter referred to as VAMC).

Place of Performance: Services shall be provided on site, VAMC 975 Kirman Avenue, Reno, NV 89502.

Pricing Instructions:

The offeror is instructed to include all other than price and cost information supporting the proposed price as directed in Instructions to Offerors addendum to 52.212-1.

Price submitted by Offeror shall include labor, incidental costs, overhead, and insurance premium payments for applicable insurance coverage.

A breakout of the all-inclusive rate for non-local staff shall be provided and will only include reimbursement for lodging and rental car as the Government will not reimburse any other expenses with the exception of airfare.

Note: Indefinite Delivery, Indefinite Quantity Contract is being used because it is impossible to determine with any certainty the exact amount of services that will be required under this contract.

It is anticipated that a Firm fixed price, Multiple Award, Indefinite Delivery/Indefinite Quantity contract, shall be awarded as a result of this solicitation.

The guaranteed minimum for the contract is $1,000.00. The maximum shall not exceed $2,500,000.00.

The Government is not required to place an order in excess of the guaranteed minimum.

BASE PERIOD OF PERFORMACE: FEBRUARY 1, 2018 THROUGH JANUARY 31, 2019

QUANTITY

OPTION PERIOD ONE: FEBRUARY 1, 2019 THROUGH JANUARY 31, 2020

QUANTITY

OPTION PERIOD TWO: FEBRUARY 1, 2020 THROUGH JANUARY 31, 2021

QUANTITY

OPTION PERIOD THREE: FEBRUARY 1, 2021 THROUGH JANUARY 31, 2022

QUANTITY

OPTION PERIOD FOUR: FEBRUARY 1, 2022 THROUGH JANUARY 31, 2023

QUANTITY

1. GENERAL

1.1. SERVICESREQUIRED: Contractor shall provide temporary personnel on an as-needed basis (staffing registry) for the Reno Veterans Administration Medical Center. Contractor personnel will have use of all required patient care equipment, supplies, and computer access for performing services required by this contract. All services shall be provided in accordance with the specifications, terms and conditions contained herein.

1.2. PLACE OF PERFORMANCE: Contractor shall provide services at the VA Sierra Nevada Health Care System located at 975 Kirman Ave, Reno, NV 89502.

1.3. AUTHORITY/POLICY/HANDBOOKS: Contracts and Personal Services 38 USC 513

1.4. POLICY AND REGULATIONS: Contractor shall comply with all applicable policy and regulations, including, but not limited to the following:

1.4.1. Health Insurance Portability and Accountability Act of 1996

1.4.2. VA Handbook 6500.6 Contract Security

http://vaww.va.gov/vapubs/search_action.cfm?dType=2

1.4.3. VHA Handbook 1100.19 Credentialing and Privileging

https://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=2910

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

1.5. DEFINITIONS/ACRONYMS:

1.5.1. ACLS: Advanced Cardiac Life Support

1.5.2. BAA: Business Associate Agreement

1.5.3. BLS: Basic Life Support

1.5.4. CDC: Centers for Disease Control and Prevention

1.5.5. CEU: Certified Education Unit

1.5.6. CME: Continuing Medical Education

1.5.7. CMS: Center for Medicare and Medicaid Services

1.5.8. CO: Contracting Officer

1.5.9. COR: Contracting Officer’s Representative

1.5.10. COS: Chief of Staff

1.5.11. CPARS: Contractor Performance Assessment Reporting System

1.5.12. CPR: Cardio Pulmonary Resuscitation

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

1.5.14. ED: Emergency Department

1.5.15. FSMB: Federation of State Medical Boards

1.5.16. HHS: Department of Health and Human Services

1.5.17. HIPAA: Health Insurance Portability and Accountability Act of 1996

1.5.18. ICU: Intensive Care Unit

1.5.19. ISO: Information Security Officer

1.5.20. LPN: Licensed Practical Nurse

1.5.21. LVN: Licensed Vocational Nurse

1.5.22. NA: Nursing Assistant

1.5.23. NACI: National Agency Check with Written Inquiries

1.5.24. OR: Operating Room

1.5.25. PACU: Post Anesthesia Care Unit

1.5.26. PIV: Personal Identity Verification

1.5.27. PWS: Performance Work Statement

1.5.28. RN: Registered Nurse

1.5.29. SAC: Special Agency Check

1.5.30. SPT: Sterile Processing Technician

1.5.31. ST: Surgical Technician

1.5.32. TMS: Talent Management System – Veteran Affairs Online Training System.

1.5.33. TJC: The Joint Commission

1.5.34. QAPI: Quality Assessment and Performance Improvement

1.5.35. QASP: Quality Assurance Surveillance Plan

1.5.36. VA: Veterans Affairs

1.5.37. VAMC: Veterans Affairs Medical Center – Unless identified with the name of a different VA Medical Center, for purposes of this contract, this term will mean the Reno Medical Center, also known as Sierra Nevada Healthcare.

1.5.38. VETPRO: a federal web-based credentialing program for healthcare providers.

1.5.39. VHA: Veterans Health Administration

1.5.40. VISTA: Veterans Information Systems and Technology

1.5.41. VSC: VHA Service Center

2. QUALIFICATIONS:

2.1. STAFF

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

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

The VAMC is not responsible for any fees related to renewal of licensure or continuing education necessary for licensure.

2.1.2. Acceptance of Staff:

2.1.2.1. Prospective staff: Required documents shall be submitted to the COR for each contract employee. Required documentation shall consist of a current resume and copy of the contractors’ skills assessment, a copy of any required license and or certifications showing expiration date. The contractor will also submit a copy of two professional references.

2.1.2.2. The COR will notify the Contractor of acceptance or unacceptability of proposed employees within two (2) business days of receipt of packets, based on the contents evidencing that all qualification requirements are met.

2.1.2.3. If a prospective staff is determined to be acceptable the contractor will provide an OF-306 and Statement of Continuous Service and the On boarding process in 2.1.3. will begin.

2.1.2.3.1. Due to security concerns these documents will not be sent by E-Mail. This packet contains Personal Identification Information (PII) and the contractor is unable to send this information to the COR in an encrypted format. The information will be sent by the FAX number provided by the COR.

2.1.3. On boarding process: The Contractor shall provide at no charge to the VA, eight (8) hours on boarding time for each accepted staff. Onboarding will include required finger printing for the Special Agency Check (SAC) or National Agency Check with Written Inquiries (NACI) background check completed through VSC. Mandatory online training for computer access in TMS is also included in Orientation. Contractor shall not work on VA facilities until Orientation and SAC/NACI and TMS classes are completed.

2.1.4. Credentialing and Privileging: Staff requiring licensure will be credentialed in the VA’s VetPro system. The VAMC will contact the accepted staff and provide access to this web based program. Contract staff have seven (7) calendar days to complete this process. Time spend in this process is part of the eight (8) hours covered by the contractor and is not billable. Staff failing to complete or failing the credentialing process will not be accepted under this contract.

2.1.5. Technical Proficiency: Contract personnel shall be technically proficient in the skills necessary to fulfill the government’s requirements, including the ability to speak, understand, read and write English fluently. Contractor shall provide documents upon request of the CO/COR to verify current and ongoing competency, skills, certification and/or licensure related to the provision of care, treatment and/or services performed. Contractor shall provide verifiable evidence of all educational and training experiences.

2.1.6. Training (ACLS, BLS, CPR and VA Mandatory): Contractor shall meet all VA educational requirements and mandatory course requirements defined herein; all training must be completed by the contractor’s staff as required by the VA. Other training may become required. VA will communicate any changes to the training requirement to the contractor. List all Training required here (TMS courses, CPRS, etc.) and associated time.

2.1.7. Standard Personnel Testing (PPD etc.):

2.1.7.1. TUBERCULOSIS TESTING: Contractor shall provide proof of a negative Tuberculosis Skin Test (TST) or interferon-gamma release assays (IGRA) for all Contractor’s staff {This is applicable to all health care workers}. A negative chest radiographic report for active tuberculosis shall be provided in cases of positive TST or IGRA results. The TST or IGRA testing shall be repeated annually.

2.1.7.2. MEASLES, MUMPS, & RUBELLA TESTING: Contractors shall provide proof of immunity for all Contractor staff {This is applicable to all health care workers}.

2.1.7.3. VARICELLA: Contractors shall provide proof of immunity for all Contractor staff {This is applicable to all health care workers}.

2.1.7.4. ACELLULAR PERTUSSIS: Contractors shall provide proof of 1 dose of Tdap vaccination for all Contractor staff {This is applicable to all health care workers}.

2.1.7.5. INFLUENZA: Contractors shall provide proof that all Contractor staff have received the annual Influenza vaccine unless it is contraindicated. If the Contractor physician has a medical contraindication to the vaccine they shall be required to wear a mask during the Influenza season. {This is applicable to all health care workers}.

2.1.7.6. OSHA REGULATION CONCERNING OCCUPATIONAL EXPOSURE TO BLOODBORNE PATHOGENS: Contractor shall provide evidence of completing and passing generic self-study blood-borne pathogen training for all Contractor’s staff {This is applicable to all health care workers}; provide their own Hepatitis B vaccination series and hepatitis B surface antigen test results following the hepatitis B vaccination series; maintain an exposure determination and control plan; maintain required records; and ensure that proper follow-up evaluation is provided following an exposure incident.

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

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

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

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

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

2.2. Non-Personal Healthcare Services: The parties agree that the Contractor and all contractor’s staff shall not be considered VA employees for any purpose.

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

2.4. Prohibition Against Self-Referral: Contractor’s staff are prohibited from referring VA patients to contractor’s or their own practice(s).

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

2.6. No Employee Status: The Contractor shall be responsible for protecting Contractor’s staff furnishing services. To carry out this responsibility, the Contractor shall provide or certify that the following is provided for all their staff providing services under the resultant contract:

2.6.1. Worker’s Compensation

2.6.2. Professional liability insurance

2.6.3. Health examinations

2.6.4. Income Tax withholding, and

2.6.5. Social Security Payments

2.7. Performance:

2.7.1. Right of refusal: The Government reserves the right to dismiss from the contracted services any contract personnel whose 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 patients or other staff members to designated Government representatives. Standards for conduct shall mirror those prescribed by current federal personnel regulations. The Contractor and COR will deal with issues raised concerning contract personnel’s conduct. The final arbiter on questions of acceptability is the Contracting Officer.

2.7.2. Contractor shall provide scheduled services when needed throughout the period of performance. In the event of the absence of Contractor’s personnel for any reason, the Contractor shall bear the responsibility of providing replacement personnel to provide the services scheduled. Replacements should be expected at the time initially scheduled. Non-acceptance of contract personnel does not relieve the Contractor from satisfying and fulfilling the agreement requirements.

2.7.3. The VA shall provide the Contractor the names, titles and telephone numbers of individuals authorized to request staffing. It shall also provide the name, title and telephone number of the COR at the time of contract award.

2.7.4. The Contractor shall designate a Point of Contact responsible for overall conduct of the agreement within ten (10) calendar days of award. The name and telephone number of the POC shall be provided to both the Contracting Officer and the COR. The Contractor’s POC shall not be one (1) of the care providers rendering service under this agreement.

2.7.5. The COR or individuals identified as authorized to request staff where duties are to be performed will contact the Contractor’s designated POC concerning personnel staffing problems or other issues requiring immediate attention. The Contractor shall respond to telephone calls from the COR within thirty (30) minutes on a twenty-four (24) hour a day, seven (7) days a week basis.

2.7.6. When contract personnel are not able to or do not report for scheduled shift, the Contractor shall provide a fully qualified replacement within four (4) hours of notification.

2.7.7. Complaints concerning contract personnel’s relations with the Government employees or patients will be resolved by the Contracting Officer. The Contracting Officer has final authority on validating complaints. In the event that contract personnel are 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.

2.7.8. Contract personnel rendering services are subject to professional or technical direction from the COR.

3. HOURS OF OPERATIONS:

3.1. Work Schedule:

3.2. Federal Holidays:

Or any other day specifically declared by the President of the United States to be a National Holiday. When a holiday falls on a Sunday, the following Monday will be observed as a National Holiday. When a holiday falls on a Saturday, the preceding Friday is observed as a National Holiday by U.S. Government agencies. An administrative closure of federal offices by Executive Order is not a national holiday for the purpose of holiday pay.

3.3. Shift Cancellation: COR or designee will give the Contractor notification of available shifts no less than one (1) week in advance for scheduled shifts, when possible, exclusive of sick calls or emergencies. The contractor’s personnel may be released from duty after a minimum of four (4) hours if their services are no longer required, however contract personnel will only be paid for actual hours worked. Per Diem staff can be reassigned to any area they are qualified to work in at the discretion of the Charge Nurse, Off Tour Nursing Supervisor or designee. Any tour of duty for Contractor’s personnel may be canceled two (2) hours prior to assigned shift (without penalty). The VA is not required to make payment after employee has been released from duty; employee will only be paid for actual hours worked.

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

3.5. Tardiness/No Shows: The VA on a case-by-case basis may approve tardiness in excess of one (1) hour; however, payment to the contractor will be for actual hours worked. Unacceptable patterns of tardiness or no shows may result in a poor performance rating of the contractor which may adversely affect future government contracts. After one (1) hour of tardiness, a Contractor’s employee will be considered a no show. The contractor will have a back-up plan to provide needed staff in the event of a no-show.

3.6. Overtime: Compensation for services rendered will be on a “per shift” basis. The scheduling, tracking and compensation of nurses in accordance with State or Federal Law is the sole responsibility of the Contractor.

3.7. Record Keeping System: The VA has established and will maintain a record keeping system for verification of actual hours worked by Contractor’s employee each day. The Contractor’s personnel must be present at the VA Medical Center and actually be performing services required by the agreement during the scheduled work period to be paid for that period. Contract personnel shall sign in and out at the Central Nursing Office or facility designated areas as a method of accounting for hours worked.

4. CONTRACTOR RESPONSIBILITIES:

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

4.1.1. Contractor’s staff shall be responsible for signing in and out when in attendance. Time sheets will be used by the COR to confirm hours/day and services provided against the contractor’s invoices.

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

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

4.2.2. The professional standards of the The Joint Commission (TJC) http://www.jointcommission.org/emergency_department/

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

4.2.4. The requirements contained in this PWS

4.3. The Joint Commission and other Special Requirements: The Contractor will be responsible to ensure that Contracted employees providing work on this contract are fully trained and completely competent to perform the required work. The Contractor is required to maintain records that document competence/performance level of Contractor employees working on this contract in accordance with The Joint Commission and other regulatory body requirements. The Contractor will provide a current copy of the competence assessment checklist and annual performance evaluation to the COR at the time of award, annually on the anniversary date of the contract award, or upon request, for each Contractor employee working on this BPA. Where the contract does not require The Joint Commission accreditation or other regulatory body requirements, the Contractor must perform the required work in accordance with the Joint Commission standards. A copy of these standards may be obtained from the Joint Commission on Accreditation of Healthcare Organizations, One Renaissance Blvd., Oakbrook Terrace, IL 60181 or http://www.jointcommission.org/standards_information/standards.aspx .

4.4. Medical Records:

4.4.1. Authorities: Contractor’s staff providing healthcare services to VA patients shall be considered as part of the Department Healthcare Activity and shall comply with the U.S.C.551a (Privacy Act), 38 U.S.C. 5701 (Confidentiality of claimants records), 5 U.S.C. 552 (FOIA), 38 U.S.C. 5705 (Confidentiality of Medical Quality Assurance Records) 38 U.S.C. 7332 (Confidentiality of certain medical records), Title 5 U.S.C. § 522a (Records Maintained on Individuals) as well as 45 C.F.R. Parts 160, 162, and 164 (HIPAA). Contract personnel shall have access to patient medical records 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 in 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 only be provided by the following: VA Regional Counsel and Chief, Health Information Management Service/Privacy Officer through the VA Contracting Officer. Violation of the aforementioned statutes may result in criminal and/or civil penalties.

4.4.1.1. Contract personnel who obtain access to hardware or media which may manipulate or store drug or alcohol abuse data, sickle cell anemia treatment records, records or tests or treatment for or infection with HIV, medical quality assurance records, or any other sensitive information protected under the statues and implementing regulations previously mentioned in paragraph 6.1, above, shall not have access to the records unless absolutely necessary to perform their contractual duties. Any contract person who has access to the previously mentioned data and/or information must not disclose it to anyone, including other contract personnel not involved in the performance of the particular contractual duty for which access to this data and/or information was obtained.

4.4.1.2. 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 officials listed in paragraph 6.1., above, 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 officials listed in paragraph 4.4.1.1., above.

4.4.1.3. If this contract is terminated for any reason, the Contractor will provide VA with all individually identifiable VA patient treatment records or other information in its possession, as well as any copies made pursuant to paragraph 6.3., above, within seven (7) calendar days of the termination of this contract.

4.4.1.4. The Contractor shall follow all VA policies regarding the retention of records. As an alternative, the Contractor may deliver the records to VA for retention.

4.4.1.5. The Contractor shall follow all of the previously mentioned statutes and respective regulations implementing these statutes as well as VHA Handbook 1605.1 - Privacy and Release of Information and any other VA/VHA policies and procedures governing the information discussed in this section of the contract. Copies of the information discussed in the aforementioned paragraphs may be viewed by contract personnel in the Office of Health Information Management (see the Privacy Officer). All contract personnel with access to any of the previously mentioned records (electronic or paper) will be required to complete VHA Privacy Policy Training before accessing such record systems. This training must also be completed annually. The COR will be responsible for ensuring and documenting that this requirement is satisfied.

4.4.1.6. Any changes in the laws, regulations, or VA/VHA policies or procedures governing the information covered by this section of the contract, during the term of this contract, shall be deemed to be incorporated into this contract.

4.4.1.7. VA has unrestricted access to the records generated by the contractor pursuant to this contract.

4.4.2. CHARTING DOCUMENTATION: Contracted Staff are responsible for completing all charting documentation while on duty. If contracted staff fails to complete charting documentation before shift is completed contractor staff shall return to facility and complete the appropriate charting documentation within 48 hours; at no cost to the Government.

4.4.3. HIPAA COMPLIANCE: The Contractor is restricted from making disclosures of VA records, or information contained in such records, to which it may have access, except to the extent that explicit disclosure authority from VA has been received. The Contractor is subject to the same penalties and liabilities for unauthorized disclosures of such records as VA.

Health Insurance Portability and Accountability Act: Contractor shall take reasonable measures to ensure patient privacy and confidentiality. The contract service providers herein agree to take all reasonable precautions to safeguard patient information from unauthorized access or modification, in both electronic and hard-copy formats. This includes not only electronic security measures such as “strong” user passwords on computer systems, but also physical barriers to prevent unauthorized use of computer work-stations; that hard copy patient files are in secured lockable areas, that files are in lockable cabinets, that the cabinets can in fact be locked, i.e., keys are available, and the locking mechanisms work properly. This precaution also includes the proper transfer of patient information via electronic means, such as faxing or system to system transmission.

No patient information of any type shall be given to outside parties, agencies or organizations of any type without the expressed written consent of the patient and VASNHCS and only in capacities directly related to the provision of the services contracted in this instrument.

Only the minimum necessary patient information is used to provide appropriate service to the correct patient.

The undersigned understands that all parties are bound by the requirements of the “Health Insurance Portability and Accountability Act of 1996” which provide guidance on the protection of patient privacy and confidentiality. This Act mandates that all government agencies and those bodies with whom they contract must be in compliance with the directives of the Act. Details of the Act are still under development by the Congress of the United States.