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36C26119Q0324

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

612-19-2-297-0003 36C26119Q0324 02-22-2019 Christopher McElwee 702-791-9000 Ext 14683 03-12-2019 1:00PM Pacific

612MCP

Department of Veterans Affairs Network Contracting Office (NCO 21) 150 Muir Road, Building AB7, Room 35 Martinez

CA

94553 561320 $27.5 Million X N/A X VA Northern California Healthcare System 5342 Dudley Blvd., Bldg. 209 McClellan

CA

95652

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 This is a Request for Quote for Physical and Occupational Therapists for VA Northern California Health Care System.

This acquisition will result in a single-award Indefinite Delivery Indefinite Quantity (IDIQ) contract.

Please carefully read the Addendum to Instructions to Offerors - Commercial Items and ensure quotes submitted are complete and conforming to the solicitation's requirements.

Direct all questions to felicia.demita@va.gov and cc christopher.mcelwee@va.gov.

Check FBO for updates to the solicitation.

612-3690160-297-824200 2579 010024243 X X Felicia A. DeMita

VA-VHA-SAOW-2018-2D91603A

Table of Contents

SECTION A1
A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS1
SECTION B - CONTINUATION OF SF 1449 BLOCKS4
PRICE SCHEDULE4
PERFORMANCE WORK STATEMENT – PHYSICAL THERAPISTS9
PERFORMANCE WORK STATEMENT – OCCUPATIONAL THERAPISTS35
SECTION C - CONTRACT CLAUSES63
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)63
C.2 52.216-18 ORDERING (OCT 1995)68
C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)68
C.4 52.216-22 INDEFINITE QUANTITY (OCT 1995)69
C.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)69
C.6 SUPPLEMENTAL INSURANCE REQUIREMENTS70
C.7 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)70
C.8 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2016)(DEVIATION)70
C.9 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)71
C.10 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)72
C.11 VAAR 852.237-7 INDEMNIFICATION AND MEDICAL LIABILITY INSURANCE (JAN 2008)73
C.12 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)74
C.13 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)75
C.14 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (OCT 2018)75
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS83
BUSINESS ASSOCIATE AGREEMENT BETWEEN THE DEPARTMENT OF VETERANS AFFAIRS VETERANS HEALTH ADMINISTRATION, , AND83
SECTION E - SOLICITATION PROVISIONS89
E.1 52.216-1 TYPE OF CONTRACT (APR 1984)89
E.2 52.233-2 SERVICE OF PROTEST (SEP 2006)89
E.3 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (SEP 2018)90
E.4 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (SEP 2018)90
E.5 VAAR 852.273-74 AWARD WITHOUT EXCHANGES (JAN 2003)91
E.6 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)91
ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS91
EVALUATION CRITERIA AND BASIS OF AWARD93
E.7 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (OCT 2018)94

SECTION B - CONTINUATION OF SF 1449 BLOCKS

PRICE SCHEDULE

The guaranteed minimum award amount for this contract is $1,000. The maximum aggregate value of orders that can be placed under this contract is $5,500,000. The Government does not guarantee that it will place any orders under this contract in excess of the guaranteed minimum award amount.

The performance period is anticipated to begin May 1, 2019 after background checks and any credentialing have occurred. The date may be adjusted through a bi-lateral contract modification to reflect the actual start date with a period not to exceed twelve months for each period of performance.

Performance Period One: May 1, 2019 –April 30, 2020

CLIN NO
DESCRIPTION
UNIT
UNIT COST
0001
Occupational Therapists
0001a
Regular hours in the following locations: Martinez, Fairfield, Mare Island, Oakland
Hour
0001b
Overtime hours in the following locations: Martinez, Fairfield, Mare Island, Oakland
Hour
0001c
Regular hours in the following locations: Redding, Chico, Yreka, Yuca City
Hour
0001d
Overtime hours in the following locations: Redding, Chico, Yreka, Yuca City
Hour
0001e
Regular hours in Sacramento and McClellan
Hour
0001f
Overtime hours in Sacramento
Hour
0002
Physical Therapists
0002a
Regular hours in the following locations: Martinez, Fairfield, Mare Island, Oakland
Hour
0002b
Overtime hours in the following locations: Martinez, Fairfield, Mare Island, Oakland
Hour
0002c
Regular hours in the following locations: Redding, Chico, Yreka, Yuca City
Hour
0002d
Overtime hours in the following locations: Redding, Chico, Yreka, Yuca City
Hour
0002e
Regular hours in Sacramento and McClellan
Hour
0002f
Overtime hours in Sacramento and McClellan
Hour

Performance Period Two: May 1, 2020 –April 30, 2021

CLIN NO
DESCRIPTION
UNIT
UNIT COST
1001
Occupational Therapists
1001a
Regular hours in the following locations: Martinez, Fairfield, Mare Island, Oakland
Hour
1001b
Overtime hours in the following locations: Martinez, Fairfield, Mare Island, Oakland
Hour
1001c
Regular hours in the following locations: Redding, Chico, Yreka, Yuca City
Hour
1001d
Overtime hours in the following locations: Redding, Chico, Yreka, Yuca City
Hour
1001e
Regular hours in Sacramento and McClellan
Hour
1001f
Overtime hours in Sacramento
Hour
1002
Physical Therapists
1002a
Regular hours in the following locations: Martinez, Fairfield, Mare Island, Oakland
Hour
1002b
Overtime hours in the following locations: Martinez, Fairfield, Mare Island, Oakland
Hour
1002c
Regular hours in the following locations: Redding, Chico, Yreka, Yuca City
Hour
1002d
Overtime hours in the following locations: Redding, Chico, Yreka, Yuca City
Hour
1002e
Regular hours in Sacramento and McClellan
Hour
1002f
Overtime hours in Sacramento and McClellan
Hour

Performance Period Three: May 1, 2021 –April 30, 2022

CLIN NO
DESCRIPTION
UNIT
UNIT COST
2001
Occupational Therapists
2001a
Regular hours in the following locations: Martinez, Fairfield, Mare Island, Oakland
Hour
2001b
Overtime hours in the following locations: Martinez, Fairfield, Mare Island, Oakland
Hour
2001c
Regular hours in the following locations: Redding, Chico, Yreka, Yuca City
Hour
2001d
Overtime hours in the following locations: Redding, Chico, Yreka, Yuca City
Hour
2001e
Regular hours in Sacramento and McClellan
Hour
2001f
Overtime hours in Sacramento
Hour
2002
Physical Therapists
2002a
Regular hours in the following locations: Martinez, Fairfield, Mare Island, Oakland
Hour
2002b
Overtime hours in the following locations: Martinez, Fairfield, Mare Island, Oakland
Hour
2002c
Regular hours in the following locations: Redding, Chico, Yreka, Yuca City
Hour
2002d
Overtime hours in the following locations: Redding, Chico, Yreka, Yuca City
Hour
2002e
Regular hours in Sacramento and McClellan
Hour
2002f
Overtime hours in Sacramento and McClellan
Hour

Performance Period Four: May 1, 2022 –April 30, 2023

CLIN NO
DESCRIPTION
UNIT
UNIT COST
3001
Occupational Therapists
3001a
Regular hours in the following locations: Martinez, Fairfield, Mare Island, Oakland
Hour
3001b
Overtime hours in the following locations: Martinez, Fairfield, Mare Island, Oakland
Hour
3001c
Regular hours in the following locations: Redding, Chico, Yreka, Yuca City
Hour
3001d
Overtime hours in the following locations: Redding, Chico, Yreka, Yuca City
Hour
3001e
Regular hours in Sacramento and McClellan
Hour
3001f
Overtime hours in Sacramento
Hour
3002
Physical Therapists
3002a
Regular hours in the following locations: Martinez, Fairfield, Mare Island, Oakland
Hour
3002b
Overtime hours in the following locations: Martinez, Fairfield, Mare Island, Oakland
Hour
3002c
Regular hours in the following locations: Redding, Chico, Yreka, Yuca City
Hour
3002d
Overtime hours in the following locations: Redding, Chico, Yreka, Yuca City
Hour
3002e
Regular hours in Sacramento and McClellan
Hour
3002f
Overtime hours in Sacramento and McClellan
Hour

Performance Period Five: May 1, 2023 –April 30, 2024

CLIN NO
DESCRIPTION
UNIT
UNIT COST
4001
Occupational Therapists
4001a
Regular hours in the following locations: Martinez, Fairfield, Mare Island, Oakland
Hour
4001b
Overtime hours in the following locations: Martinez, Fairfield, Mare Island, Oakland
Hour
4001c
Regular hours in the following locations: Redding, Chico, Yreka, Yuca City
Hour
4001d
Overtime hours in the following locations: Redding, Chico, Yreka, Yuca City
Hour
4001e
Regular hours in Sacramento and McClellan
Hour
4001f
Overtime hours in Sacramento
Hour
4002
Physical Therapists
4002a
Regular hours in the following locations: Martinez, Fairfield, Mare Island, Oakland
Hour
4002b
Overtime hours in the following locations: Martinez, Fairfield, Mare Island, Oakland
Hour
4002c
Regular hours in the following locations: Redding, Chico, Yreka, Yuca City
Hour
4002d
Overtime hours in the following locations: Redding, Chico, Yreka, Yuca City
Hour
4002e
Regular hours in Sacramento and McClellan
Hour
4002f
Overtime hours in Sacramento and McClellan
Hour

36C26119Q0324

Page 1 of Page 1 of

PERFORMANCE WORK STATEMENT – PHYSICAL THERAPISTS

February 22, 2019

1. GENERAL:

1.1. Services Provided: The Contractor shall provide Board Certified Physical Therapy Services on site in accordance with the specifications contained herein to beneficiaries of the Department of Veterans Affairs (VA) and the Northern California Health Care System, CA.

1.2. Place(s) of Performance – Services will initially be provided at the following locations within VA Northern California Health Care System:

Full-time (1.0) Physical Therapist: Fairfield VA OPC Full-time (1.0) Physical Therapist: McClellan VA OPC Full-time (1.0) Physical Therapist: Martinez VA OPC

1.2.1. Location of services required will vary as positions become vacant or are filled with permanent employees. The Contractor may be required to provide services at any of the following locations within VA Northern California Health Care System:

Chico VA OPC, 280 Cohasset Road, Chico, CA 95926 Fairfield VA OPC, 103 Bodin Circle, Fairfield, CA 94535 Martinez VA OPC, 150 Muir Road, Martinez, CA 94553 McClellan VA OPC, 5342 Dudley Boulevard, McClellan Park, CA 95652 Mare Island VA OPC, 201 Walnut Avenue, Mare Island, CA 94592 Oakland VA OPC, 2221 Martin Luther King Way, Oakland, CA 94612 Redding VA OPC, 351 Hartnell Avenue, Redding, CA 96002 Sacramento VA Medical Center, 10535 Hospital Way, Sacramento, CA 95655 Yreka VA OPC, 101 E. Oberlin Road, Yreka, CA 96907 Yuba City VA OPC, 425 Plumas Street, Yuba City, CA 95991

1.2.2. The CO shall notify the Contractor in writing, no less than 60 calendar days prior to the date services are required at the new location. The contract will be modified to reflect approved changes. The Contractor shall provide Board Certified Physical Therapy Services at the new site by the date required.

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

1.4. Policy/Handbooks:

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

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

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

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

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

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

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

1.5.1. APTA: American Physical Therapy Association, http://www.apta.org/

1.5.2. ACLS: Advanced Cardiac Life Support

1.5.3. BLS: Basic Life Support

1.5.4. CDC: Centers for Disease Control and Prevention

1.5.5. CDR: Contract Discrepancy Report

1.5.6. CEU: Certified Education Unit

1.5.7. CME: Continuing Medical Education

1.5.8. CMS: Centers for Medicare and Medicaid Services

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

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

1.5.11. CPARS: Contractor Performance Assessment Reporting System

1.5.12. CPRS: Computerized Patient Record System- electronic health record system used by the VA.

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

1.5.14. DEA: Drug Enforcement Agency

1.5.15. ED: Emergency Department

1.5.16. FSMB: Federation of State Medical Boards

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

1.5.18. HHS: Department of Health and Human Services

1.5.19. HIPAA: Health Insurance Portability and Accountability Act

1.5.20. HR: Human Resources

1.5.21. ISO: Information Security Officer

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

1.5.23. MOD: Medical Officer of the Day

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

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

1.5.26. POP: Period of Performance

1.5.27. PPD: Purified Protein Derivative

1.5.28. PWS: Performance Work Statement

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

1.5.30. QASP: Quality Assurance Surveillance Plan

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

1.5.32. Veterans Integrated Services Network (VISN): The regional oversight for the VA medical centers.

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

1.5.34. VetPro: A federal web-based credentialing program for healthcare providers.

1.5.35. VA: Unless identified with the name of a different VA medical facility, for purposes of this contract, this term shall mean the Northern California Health Care System Outpatient Clinic in Martinez.

2. QUALIFICATIONS:

2.1. Staff/Facility:

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

2.1.2. Board Certification: All contract Physical Therapist(s) shall be board certified by the National Board of Physical Therapy Specialties, http://www.abpts.org/ , and be currently certified in Basic Life Support (BLS) Advanced Cardiac Life Support (ACLS) or equivalency. All continuing education courses required for maintaining certification must be kept up to date at all times. Documentation verifying current certification shall be provided by the Contractor to the VA COR.

2.1.3. Credentialing and Privileging: Credentialing and privileging is to be done in accordance with the provisions of VHA Handbook 1100.19 referenced above. The Contractor is responsible to ensure that proposed Physical Therapist(s) possesses the requisite credentials enabling the granting of privileges. No services shall be provided by any contract Physical Therapist(s) prior to obtaining approval by the Professional Standards Board, Medical Executive Board and Medical Center Director.

2.1.3.1. If a contract Physical Therapist(s) is not credentialed and privileged or has their credentials/privileges suspended or revoked, the Contractor shall furnish an acceptable substitute without any additional cost to the government.

2.1.4. Technical Proficiency: Contract Physical Therapist(s) shall be technically proficient in the skills necessary to fulfill the government’s requirements, including the ability to speak, understand, read and write English fluently. Contractor shall provide documentation, 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 experience, including any gaps in educational history for all contract Physical Therapist(s). Contract Physical Therapist(s) shall be responsible for abiding by the Facility's Medical Staff By-Laws, rules, and regulations (referenced herein) that govern medical staff behavior.

2.1.5. Experience: The Physical Therapist must have a minimum of one year of experience in outpatient PT setting.

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

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

(1) VA Privacy & Information Security Awareness & Rules of Behavior (TMS) – 1.5 hrs.

(2) Privacy & HIPAA Focused Training (TMS) – 1.5 hrs.

(3) CPRS (TMS) – 2.0 hrs.

2.1.8. Standard Personnel Testing (PPD, etc.): Contractor shall provide the CO and COR with proof of the following tests for all Physical Therapist(s) who will be performing services under the contract. Such information shall be provided within five (5) calendar days after contract award and prior to the first duty shift. Tests shall be current within the past year.

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

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

2.1.8.3. OSHA REGULATION CONCERNING OCCUPATIONAL EXPOSURE TO BLOODBORNE PATHOGENS: Contractor shall provide generic self-study training for all contract Physical Therapist(s); provide their own Hepatitis B vaccination series at no cost to the VA if they elect to receive it; maintain an exposure determination and control plan; maintain required records; and ensure that proper follow-up evaluation is provided following an exposure incident. The VA shall notify the Contractor of any significant communicable disease exposures as appropriate. Contractor shall adhere to current CDC/HICPAC Guidelines for Infection Control in health care personnel (as published in the 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.

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

2.1.10. DEA (as required): Contractor shall provide copy of current DEA certificate in California where services will be provided under this contract.

2.1.11. Conflict of Interest: The Contractor and all contract Physical Therapist(s) are responsible for identifying and communicating to the CO and COR conflicts of interest at the time of proposal and during the entirety of contract performance. At the time of quote, 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.

2.1.12. Citizenship related Requirements:

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

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

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

2.1.12.4. This certification concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under 18 U.S.C. 1001.

2.1.12.5. The Contractor agrees to obtain a similar certification from its subcontractors. The certification shall be made as part of the offerors response to the RFQ using the subject attachment of the solicitation document.

2.1.13. 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.

2.1.13.1. 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 contract Physical Therapist(s) is 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.

2.1.13.2. By submitting their quote, 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 was signed.

2.1.14. Clinical/Professional Direction: The qualifications of Contractor personnel are subject to review by the VA Chief, Physical Therapy or his/her clinical designee. Clinical/Professional direction of all clinical personnel covered by this contract will be provided by the VA Chief, Physical Therapy and/or his/her designee. A clinical COR may be appointed, however, only the CO is authorized to consider any contract modification request and/or make changes to the contract during the administration of the resultant contract.

2.1.15. Non Personal Healthcare Services: The parties agree that the Contractor and all contract Physical Therapist(s) shall not be considered VA employees for any purpose.

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

2.2. No Employee status: The Contractor shall be responsible for protecting Contract Physical Therapist(s) furnishing services. To carry out this responsibility, the Contractor shall provide or certify that the following is provided for all their staff providing services under the resultant contract:

Workers’ compensation Professional liability insurance Health examinations Income tax withholding, and Social security payments.

2.3. Tort Liability: The Federal Tort Claims Act does not cover Contractor or contract Physical Therapist(s). When a Contractor or contract Physical Therapist(s) has been identified as a provider in a tort claim, the Contractor shall be responsible for notifying their legal counsel and/or insurance carrier. Any settlement or judgment arising from a Contractor’s (or contract Physical Therapist(s)) action or non-action shall be the responsibility of the Contractor and/or insurance carrier.

2.4. Key Personnel:

2.4.1. The VA Full Time Equivalency (FTE) for the services required is 2080 hours = 1.0 VA FTE. FTE is defined by VA as a minimum of 80 hours every two weeks and does not include holidays.

2.4.2. The number of Board Certified Physical Therapists required to be on site on a daily basis is approximately 3.0 FTE.

2.5. Emergency Substitutions: During the first ninety (90) calendar days of performance, the Contractor shall make NO substitutions of key personnel unless the substitution is necessitated by illness, death or termination of employment. The Contractor shall notify the CO, in writing, within 15 calendar days after the occurrence of any of these events and provide the information required below. After 90 days, the Contractor shall submit the information required below to the CO at least 15 calendar days prior to making any permanent substitutions.

2.5.1. The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the CO. Proposed substitutes shall have comparable qualifications to those of the persons being replaced. The CO will notify the Contractor within 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.

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

2.5.3. The Government reserves the right to refuse acceptance of any Contractor personnel at any time after performance begins, if personal or professional conduct jeopardizes patient care or interferes with the regular and ordinary operation of the facility. Breaches of conduct include intoxication or debilitation resulting from drug use, theft, patient abuse, dereliction or negligence in performing directed tasks, or other conduct resulting in formal complaints by patient or other staff members to designated Government representatives. Standards for conduct shall mirror those prescribed by current federal personnel regulations. Should the COR; VA Chief, Physical Therapy or designee show documented clinical problems or continual unprofessional behavior/actions with any contract Physical Therapist(s), s/he may request, without cause, immediate replacement of said contract Physical Therapist(s).

2.5.4. The CO and COR shall deal with issues raised concerning Contract Physical Therapist(s)’ conduct. The final arbiter on questions of acceptability is the CO.

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

3. VA HOURS OF OPERATION/SCHEDULING:

3.1. VA Business Hours: Physical Therapy Clinic operates from 8:00am – 4:30pm, Monday through Friday, excluding federal holidays.

3.2. Work Schedule: The Contract Physical Therapist(s) shall perform services Monday through Friday, from 8:00 am to 4:30 pm for a total of 40 hours per week. A 30-minute lunch break will be provided. Occasional overtime may be required on an infrequent basis. If overtime is needed, the contractor must notify the COR in writing within 2 business days of performing overtime.

3.2.1. Contractor shall notify the COR about any obstacles to meeting this performance measure.

3.2.2. Contract Physical Therapist shall be available and present in clinic during normal clinic hours as indicated above. The VA NCHCS Physical Therapy Clinic will be established, and may be revised, as deemed appropriate for patient care by the Chief, Physical Therapy.

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

New Year’s Day Presidents Day Martin Luther King Junior Day Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Christmas Any day specifically declared by the President of the United States to be a federal day off through Executive Order. Contractor employees are not federal employees, so Executive Orders giving federal employees a day off will not be considered holidays for contractor employees. Consequently, holiday pay will not be provided to contractor employees on those days.

3.4. Cancellations:

3.4.1. Unless a state of emergency has been declared and the VA Physical Therapy Clinic is closed, the Contractor shall be responsible for providing services.

4. CONTRACTOR RESPONSIBILITIES:

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

4.2. Contract Physical Therapist(s) shall be responsible for signing in and out when in attendance. Time sheets will be used by the COR to confirm hours/day and services provided against the contractor’s invoices.

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

4.3.1. American Physical Therapy Association, INC.: http://www.apta.org/policies/practice.aspx

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

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

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

4.3.5. The requirements contained in this PWS.

4.4. Medical Records

4.4.1. Authorities: Contract Physical Therapist(s) providing healthcare services to VA patients shall be considered as part of the Department Healthcare Activity and shall comply with the U.S.C. 551a (Privacy Act); 38 U.S.C. 5701 (Confidentiality of Claimants Records); 5 U.S.C. 552 (FOIA); 38 U.S.C. 5705 (Confidentiality of Medical Quality Assurance Records) 38 U.S.C. 7332 (Confidentiality of Certain Medical Records); Title 5 U.S.C. § 522a (Records Maintained on Individuals) as well as 45 C.F.R. Parts 160, 162, and 164 (HIPAA).

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

4.4.3. Disclosure: Contract Physical Therapist(s) may have access to patient medical records: however, Contractor shall obtain permission from the VA before disclosing any patient information. Subject to applicable federal confidentiality or privacy laws, the Contractor, or their designated representatives, and designated representatives of federal regulatory agencies having jurisdiction over Contractor, may have access to VA’s records, at VA’s place of business on request during normal business hours, to inspect and review and make copies of such records. The VA will provide the Contractor with a copy of VHA Handbook 1907.1, Health Information Management and Health Records and VHA Handbook 1605.1, Privacy and Release of Information. The penalties and liabilities for the unauthorized disclosure of VA patient information mandated by the statutes and regulations mentioned above, apply to the Contractor.

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

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

PRIVACY OFFICER
103 BODIN CIRCLE
TRAVIS AFB, CA 94535
(707) 437-1823

4.5. Performance Standards, Quality Assurance (QA) and Quality Improvement (QI)

4.5.1. Performance Standards: Contract Physical Therapist(s) shall be responsible for providing care, including, but not limited to:

4.5.1.1. Direct Patient Care: 80% of the time involved in direct patient care.

4.5.1.1.1. Review patient medical records to assess for appropriateness of PT intervention, noting any potential risks or contraindications to treatment and to assist in guiding the evaluation process.

4.5.1.1.2. Perform comprehensive evaluations with using standard and nonstandard methods for evaluating complex patients with an emphasis on assessing a patient’s medical status. Document independent evaluations and results according to departmental and medical center standards.

4.5.1.1.3. Evaluate to address rehabilitation potential, behavior, motor skills and psychosocial at an age-appropriate level. Identify barriers to learning. Develop and implement strategies to overcome them to ensure accurate patient evaluation.

4.5.1.1.4. Independently develop appropriate treatment plans and goals with emphasis on subacute and long term medical rehabilitation; performs a full range of PT treatment procedures, modifying the treatment according to the patient’s response to PT intervention.

4.5.1.1.5. Recognize adverse reactions to treatment and initiates effective action immediately.

4.5.1.1.6. Modify treatment plan according to patient response to best meet established goals. Documents progression and/or modifications according to Departmental and Medical Center Standards.

4.5.1.1.7. Discuss patient performance in PT, current status, and continuing goals regularly with physicians and other team members. Work effectively with treatment team members and other health care providers in coordinating the patient’s total care.

4.5.1.1.8. Ensure appropriate patient referrals and discharge planning in concert with the Physical Therapy and Medical Center staff.

4.5.1.1.9. Measure, fit and instruct patients for the use of complex adaptive equipment and assistive devices. Justify medical need for all adaptive equipment and assistive device requests.

4.5.1.1.10. Practice all infection control and safety standards.

4.5.1.2. Administrative: 20% of time not involved in direct patient care.

4.5.1.2.1. Maintain and submit productivity and other required reports in a timely manner.

4.5.1.2.2. Assumes responsibility (under the direction of the Chief of Physical Therapy) for program development and refinements within specialty area of subacute-care and long term rehabilitation. This is to include the development of subacute-care and long term-care guidelines and protocols.

4.5.1.2.3. Interdisciplinary Team Meetings: The contract Physical Therapist(s) shall participate in continuous interdisciplinary team activities and meetings with committee participation as required by the VA Chief, Physical Therapy, or designee.

4.5.1.2.4. Staff Meetings: The contract Physical Therapist(s) shall attend staff meetings as required by the VA Chief, Physical Therapy, or designee. Physical Medicine & Rehabilitation Service All Staff Conference Call: Meets every month on the 2nd Tuesday of the month for 30 minutes.

4.5.1.2.5. QA/QI documentation: The contract Physical Therapist(s) shall complete the appropriate QM/PI documentation pertaining to all procedures, complications and outcome of examinations. Completion of required clinical and medical record documentation, including the use of computerized patient record system, where applicable. Document all evaluations and recommendations in electronic patient record; writing notes and/or orders. Note types may include pre-op notes, progress notes (detailing urgent management), admission history & physical, transfer notes, death notes, restraint notes, and procedure notes.

4.5.1.2.6. Patient Safety Compliance and Reporting: Contract Physical Therapist(s) shall follow all established patient safety and infection control standards of care. Contract Physical Therapist(s) shall make every effort to prevent medication errors, falls, and patient injury caused by acts of commission or omission in the delivery of care. All events related to patient injury, medication errors, and other breaches of patient safety shall be reported immediately using the ePER (Electronic Patient Event Reporting) system as required under VANCHCS Policy 00Q-20. At the time of submission of the ePER, the contract Physical Therapist(s) shall forward a copy to the VA Chief, Physical Therapy or designee. The contract Physical Therapist shall follow-up with VA as required or requested.

4.6. Quality Management/Quality Assurance Surveillance: Contract Physical Therapist(s) shall be subject to Quality Management measures, such as patient satisfaction surveys, timely completion of medical records, and Peer Reviews. 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.

4.7. The contract Physical Therapist(s) are expected to actively participate in the facility’s performance improvement activities as part of the contracted service time. Performance Improvement Activities may include the following:

Infection Control Hospital Safety Outpatient Qualitative and Quantitative Review Medical Record Review Drug Usage Internal Peer Review Patient Incident Utilization

4.7.1. 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.

4.7.2. 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.

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