36C26121Q0157_1.docx

36C26121Q0157

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

36C26121Q0157 11-27-2020 Joleo B. Dianala, joleo.dianala@va.gov

(916) 923-4575 11-30-2020 12:00

PST

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 X 561320 $30 Million 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 See CONTINUATION Page The VA Palo Alto Healthcare System (VAPAHCS) has a requirement for Diagnostic Radiologic Technologist in accordance with the Performance Work Statement.

See CONTINUATION Page X Joleo B. Dianala Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 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.

Department of Veterans Affairs FMS VA-9(101) Financial Services Center

PO Box 149971 Austin TX 78714-9971 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

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 $5,000,000.00. The Government does not guarantee that it will place any orders under this contract in excess of the guaranteed minimum award amount.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Radiology Technologist for MRI (6 FTE), Regular Hours Contract Period: Base POP Begin: 12-01-2020 POP End: 05-31-2021

Radiology Technologist for MRI (6 FTE), Holiday Rate

Radiology Technologist for MRI (6 FTE), Overtime

Radiology Technologist for MRI (6 FTE), Call Back (Minimum 2 hours)

Radiology Technologist for MRI (6 FTE), Call Pager

Radiology Technologist for Computed Tomography (5 FTE), Regular Hours

Radiology Technologist for Computed Tomography (5 FTE), Holiday Rate

Radiology Technologist for Computed Tomography (5 FTE), Overtime

Radiology Technologist for Computed Tomography (5 FTE), Call Back (Minimum 2 hours)

Radiology Technologist for Computed Tomography (5 FTE), Call Pager

Interventional Radiology Imaging Technologist (5 FTE), Regular Hours

Interventional Radiology Imaging Technologist (5 FTE), Holiday Rate

Interventional Radiology Imaging Technologist (5 FTE), Overtime

Interventional Radiology Imaging Technologist (5 FTE), Call Back (Minimum 2 hours)

Interventional Radiology Imaging Technologist (5 FTE), Call pager

Diagnostic Medical Sonographer (4 FTE), Regular Hours

Diagnostic Medical Sonographer (4 FTE), Holiday Rate

Diagnostic Medical Sonographer (4 FTE), Overtime

Diagnostic Medical Sonographer (4 FTE), Call Back (Minimum 2 hours)

Diagnostic Medical Sonographer (4 FTE), Call pager

Radiology Technologist in Mammography & Radiography (2 FTE), Regular Hours

Radiology Technologist in Mammography & Radiography (2 FTE), Holiday Rate

Radiology Technologist in Mammography & Radiography (2 FTE), Overtime

36C26121Q0157

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B.3 PERFORMANCE WORK STATEMENT

1. GENERAL

1.1. Services Required: The Department of Veterans Affairs (VA) Palo Alto Health Care System requires 22.0 FTE contract staff that are board certified by the American Registry of Radiologic Technologist (AART), Nuclear Medicine Technologist Certification Board (NMTCB), and American Registry of diagnostic Medical Sonographer (ARDMS) in Interventional Radiology (IR), Computed Tomography (CT), Nuclear Medicine (NM), Ultrasound US), Magnetic Resonance Imaging (MRI), Mammography (M), and General Radiography (GEN). Services include the full range of radiology imaging care for inpatient and outpatient VA patients to include Call shift coverage for afterhours emergent procedures.

1.2. Place of Performance: Contractor shall furnish services at the VA Palo Alto Health Care System, Radiology Service, 3801 Miranda Ave, Palo Alto, CA 94304; and the other two divisions at Livermore (LVD), 4951 Arroyo Road, Livermore, CA 94550; Monterey, 201 9th Street, Marina, CA 93933; and VAPAHCS Community Based Outpatient Clinics (CBOC) at Modesto, 1225 Oakdale Road, Modesto, CA 95355; San Jose, 5855 Silver Creek Valley Place, San Jose, CA 95138; and Stockton, 7777 South Freedom Road, French Camp, CA 95231.

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

1.3.1. Policy/Handbooks

1.3.1.1. VA Directive 1663: Health Care Resources Contracting - Buying http://www1.va.gov/vapubs/viewPublication.asp?Pub_ID=969&FType=2

1.3.1.2. 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

1.3.1.3. VHA Directive 1192 “Seasonal Influenza Prevention Program” https://www.publichealth.va.gov/docs/flu/VHA_Directive_1192_Sep

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

1.3.1.5. VHA Handbook 1100.18 Reporting and Responding To State Licensing Boards – http://www1.gov/chapublications/ViewPublication.asp?pub_ID=1364

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

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

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

1.4. 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.

1.4.1. ACLS: Advanced Cardiac Life Support

1.4.2. ARDMS: American Registry of Diagnostic Medical Sonographers

1.4.3. ARRT: American Registry of Radiologic Technologist

1.4.4. ASRT: American Society of Radiologic Technologist

1.4.5. Beneficiary: An individual who is entitled to receive healthcare service provided under this contract, pursuant to VA eligibility requirements as determined by VA.

1.4.6. BLS: Basic Life Support

1.4.7. CDC: Centers for Disease Control and Prevention

1.4.8. CDR: Contract Discrepancy Report

1.4.9. CEU: Continuing Education Unit

1.4.10. CME: Continuing Medical Education

1.4.11. CMS: Centers for Medicare and Medicaid Services

1.4.12. 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.

1.4.13. 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.

1.4.14. COS: Chief of Staff

1.4.15. CPARS: Contractor Performance Assessment Reporting System

1.4.16. CPRS: Computerized Patient Recordkeeping System

1.4.17. ESWL: Extracorporeal shock wave lithotripsy (ESWL) uses shock waves to break a kidney stone into small pieces that can more easily travel through the urinary tract camera.gif and pass from the body.

1.4.18. FSMB: Federation of State Medical Boards

1.4.19. HHS: Department of Health and Human Services

1.4.20. HICPAC: Healthcare Infection Control Practices Advisory Committee – a federal advisory committee made up of 14 external infection control experts who provide advice and guidance to the CDC and the Secretary of HHS regarding the practice of health care infection control, strategies for surveillance and prevention and control of health care associated infections in United States health care facilities.

1.4.21. HIPAA: Health Insurance Portability and Accountability Act

1.4.22. ISO: Information Security Officer

1.4.23. 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.

1.4.24. 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).

1.4.25. NMTCB: Nuclear Medicine Technologist Certification Board

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

1.4.27. NPPES: National Plan and Provider Enumeration System

1.4.28. OR: Operating Room

1.4.29. PA: Technician Assistant

1.4.30. POP: Period of Performance

1.4.31. PPD: Purified Protein Derivative

1.4.32. PWS: Performance Work Statement

1.4.33. QASP: Quality Assurance Surveillance Plan

1.4.34. QMP: Quality Management Program

1.4.35. SPE: Senior Procurement Executive

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

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

1.4.38. Veterans Affairs Medical Center (VAMC): Unless identified with the name of a different VA medical Center, for purposes of this contract, this term shall mean the Palo Alto Veterans Affairs Medical Center.

2. QUALIFICATIONS

2.1. Staff/Facility: The contractor will be responsible for ensuring that each technologist providing services under this contract is fully trained and completely competent to perform the required services covered by this contract.

2.1.1. License: Contractor’s Radiology Technologist (s) assigned by the Contractor to perform the services covered by this contract shall have Certificate of Completion of Technologist training program accredited by an institution recognized by the Council for Higher Education Accreditation (CHEA), and the JCERT. Contractor’s technologist (s) must meet the minimum of five (5) years of proven clinical experience in their respective sub-specialties in a level 1 hospital setting, proven clinical work experience within the past 12 months and must have prior work experience with VA Palo Alto radiology preferred equipment within the past 24 months. Prior VA experience is desirable.

2.1.2. Board Certification/Eligibility: Contractor’s Radiology Technologist (s) performing under this contract shall meet or exceed recognized national standards established by The Joint Commission (TJC) and have completed training from an accredited institution, and shall have received a certificate of completion of training in Radiologic Technology and have a current certification or registry in their respective sub-specialties by the American Registry of Radiologic Technologist (ARRT), Nuclear Medicine Technologist Certification Board (NMTCB), or the American Registry of Diagnostic Medical Sonographer (ARDMS).

2.1.3. Probationary Period Requirement: The first 3 months of employment are probationary. During this period, the employment of the technologist can be terminated at any time. Grounds for termination can include but is not limited to: (1) inability to meet the required technologist skill set as stated by the Performance Work Statement and the service’s established quality standards, (2) unsatisfactory performance by the technologist, and (3) inability to adequately function within the capacity needed as a technologist.

2.1.4. Technical Proficiency: Contractor’s Radiology Technologist (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 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 experience, including any gaps in educational history for all Contractor’s Technologist (s). Contractor Technologist (s) shall be responsible for abiding by the VA Facility's Medical Staff By-Laws, rules, and regulations (referenced herein) that govern medical staff behavior.

2.1.5. Credentialing and Privileging: Credentialing and privileging will be done in accordance with the provisions of VHA Handbook 1100.19. This VHA Handbook provides updated VHA procedures regarding credentialing and privileging, to include incorporating: VHA policy concerning VetPro; credentialing during activation of the facility Disaster Plan; clarifications for the Summary Suspension of Privileges process in order to ensure both patient safety and practitioner rights, the credentialing requirements for other providers.

2.1.5.1. Initial applications for clinical privileges and applications for renewal of privileges must be submitted to the COR and/or designee, upon notice of contract award. Prior to providing services at VAPAHCS, all contractor personnel must be verified by the COR as having been credentialed (this must be documented by the COR). Additionally, if requested, the contractor shall make all proposed personnel available for interview prior to commencement of work and during the work and during the credential verification process.

2.1.5.2. Should the personnel proposed by the Contractor to provide services under this contract be denied privileges, or should the privileges of Contractor personnel be suspended, terminated, or revoked, the contractor, as well as the employee (s) in question, shall be notified of the basis for such actions.

2.1.5.3. Privilege renewal shall be in accordance with TJC requirements.

2.1.5.4. Contractor personnel who provide services under this contract will be required to report specific patient outcome information to the Chief, Radiology Service and the COR. Quality improvement data provided by the contractor personnel and/or collected by the VAPAHCS will be used to analyze individual practice patterns. This data may be used by VAPAHCS when renewal of contract is required of contractor personnel.

2.1.5.5. Contractor personnel who were previously credentialed by VAPAHCS may be exempt from this contract requirement provided that they can provide documentation to support current and active privileges.

2.1.5.6. VAPAHCS reserves the right to refuse or dismiss contract personnel whose personal or professional conduct jeopardizes patient care or the regular and ordinary operation of the facility. Reasons for refusal or dismissal include, but are not limited to unsatisfactory performance prior to and/or during the term of the contract, failure to receive favorable adjudication during a VA background investigation, failure to satisfy the requirements of the contract, physical or verbal abuse to patients, staff, or visitors, intoxication or debilitation resulting from drug use, theft, patient abuse, dereliction or negligence in performing directed tasks, ethical misconduct, conduct resulting in formal complaints by patients or other staff members, and any other valid reason considered objectionable.

2.1.6. Continuing Education Unit (CEU) Requirements: Contractor will provide the COR copies of current CEUs as required or requested by the VAPAHCS. Contractors registered or certified by the American Registry of Radiologic Technologist (ARRT), Nuclear Medicine Technologist Certification Board NMTCB), and the American Registry of Diagnostic Medical Sonographer (ARDMS) shall continue to meet the minimum standards for CEU to remain current.

2.1.7. Training (BLS, ACLS, CPRS, 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 Technologist (s) as required by the VA.

2.1.7.1. Complete annual mandatory training by using the mandatory packet, attending training in person, or by going-on-line to complete the training. Complete mandatory security training, sign computer security agreement, receive training on the mandatory privacy policy, and receive copy of the Privacy Directive, VA Directive 6504, Restrictions on Transmission, Transportation and use of, and access to VA Data Outside VA facilities. The compliance and Business Integrity Training & Education – Contract (Revenue Cycle) Employees include the following training:

2.1.7.1.1. Awareness Training: Contractor employees shall complete initial Compliance awareness training within 30 days of commencing work under this contract as well as complete annual compliance awareness refresher training. At a minimum, CBI awareness training will include the following topics: (a) the revenue cycle, (b) seven elements of an effective compliance program, (c) definition of high-risk areas, and (d) definition of any compliance concerns and how to address a compliance concern. This requirement can be fulfilled by completing the training module available via the following internet site: http://www.visn21.Med.Va.gov/CBI.asp

2.1.7.1.2. Remedial Training: When notified, contract employees must complete remedial training and education to address any detected compliance exceptions.

2.1.7.1.3. Proof of Training: Contract employees are responsible for submitting proof of awareness and remedial training completed to the Contracting Officer’s representative (COR) for this contract. The COR will retain proof of training in accordance with applicable Records Control Schedule.

2.1.7.1.4. Contractor must be certified in Basic Cardiac Life Support (BCLS).

2.1.8. Standard Personnel Testing (PPD, etc.): Contractor shall provide proof of the following tests for technicians within five calendar days after contract award and prior to the first duty shift to the COR and CO. Tests shall be current within the past year.

2.1.8.1. TUBERCULOSIS TESTING: Contractor shall provide proof of a negative Tuberculosis Skin Test (TST) or interferon-gamma release assays (IGRA) for all Contractor’s technologist (s) {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.

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

2.1.8.3. VARICELLA: Contractors shall provide proof of immunity for all Contractor (s) technologist (s). {This is applicable to all health care workers}.

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

2.1.8.5. INFLUENZA: Contractors shall provide proof that all Contractor physicians 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}.

2.1.8.6. 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 technologist (s) {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.

2.1.8.7. 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.

2.1.9. Conflict of Interest: The Contractor and all Contractor’s technologist (s) are responsible for identifying and communicating to the CO and COR any 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 that 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.

2.1.10. Citizenship related Requirements:

2.1.10.1. The Contractor certifies that the Contractor shall comply with any and all legal provisions contained in the Immigration and Nationality Act of 1952, As Amended; its related laws and regulations that are enforced by Homeland Security, Immigration and Customs Enforcement and the 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;

2.1.10.2. 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.

2.1.10.3. 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.

2.1.10.4. 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.

2.1.10.5. The Contractor agrees to obtain a similar certification from its subcontractors. The certification shall be made as part of the offeror’s response to the RFQ using the subject attachment in Section D of the solicitation document.

2.1.11. 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.

2.1.11.1. 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 physician (s) 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.

2.1.11.2. 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. Technical/Professional Direction: The qualifications of Contractor’s personnel are subject to review by the Chief Radiology Administrator or his/her designee and the Chief of Radiology or his/her clinical designee. A clinical COR may be appointed, however, only the CO is authorized to consider any contract modification request during the administration of the resultant contract.

2.3. Non-Personal Healthcare Services: The parties agree that the Contractor and all Contractor’s technologist (s) shall not be considered VA employees for any purpose.

2.4. 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.

2.5. Inherent Government Functions: Contractor and Contractor’s technologist (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.

2.6. No Employee status: The Contractor shall be responsible for protecting Contractor’s technologist (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:

2.6.1. Workers’ 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. Tort Liability: The Federal Tort Claims Act does not cover Contractor or Contractor’s technologist (s) . When a Contractor or Contractor’s technologist (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 contractor’s technologist (s)) action or non-action shall be the responsibility of the Contractor and/or insurance carrier.

2.8. Key Personnel: The Contractor shall assign to this contract the following key personnel: all personnel working on this contract must have Contracting Officer (CO) approval once a clearance submittal by a contract employee has been successfully accepted by and access granted by the (CO).

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

2.8.2. The Contractor shall provide a detailed explanation of the circumstance’s necessity 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.

2.8.3. For temporary substitutions where the key person will not be reporting to work for three (3) consecutive workdays or more, the Contractor will provide a qualified replacement for the key person. This substitute shall have comparable qualifications to the key person, any period exceeding two weeks will require the procedure as stated above. (Note: See clause VAAR 852.237-7, Indemnification and Medical Liability Insurance (JAN 2008))

2.8.4. 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 VA COS or designee show documented clinical problems or continual unprofessional behavior/actions with any Contractor’s technologist (s), s/he may request, without cause, immediate replacement of said Contractor’s technologist (s). The CO and COR shall deal with issues raised concerning Contractor’s technologist (s) conduct. The final arbiter on questions of acceptability is the CO.

2.8.5. The parties agree that the contractor, its employees, agents, and subcontractors shall not be considered VA employees for any purpose.

2.8.6. The VA will render emergency health services for an incapacitating injury or otherwise serious illness occurring while on duty. All services, to include wages earned during the period of initial medical evaluation provided by the VA, shall be reimbursed by the contractor. The contractor shall furnish the VA with the necessary injury/illness form (s) for reporting purposes. The VA for statistical and/or billing purposes will retain a copy of the completed form (s).

2.8.7. Contract costs is expected to include salaries, fringe benefits, vacation pay, holiday pay, academic support allowance and malpractice expenses. The government will reimburse the contractor for actual terminal vacation (accumulated annual leave) benefits paid to key personnel in the event they leave the contractors employment prior to the end of any contract period listed herein. However, the contractor is required to provide the services as required herein, per the contract, with a qualified employee. The government reserves the right to reject any contractor personnel and refuse them permission to provide services. The government, at its option, can reduce the contract price in the event services are not provided per in accordance with the contract clauses available herein.

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

3. HOURS OF OPERATION

3.1. VA Business Hours: Normal weekday work hours are typically Monday through Friday, 7:00 am to 7:30 pm in the operating room. Business Hours: Contractor shall provide Radiology Services during normal work hours: 7:00a.m. to 9:00 p.m., Monday through Friday, and 0001a.m. to Midnight for the CT and General Radiography technologists. Work hours will normally but may be changed depending on the needs of the service, lunch is a 30-minute break. Work hours may vary depending on clinical responsibilities. Contractor shall be responsible for payment of any leave, including sick leave, vacation time or holiday pay

3.2. Work Schedule: Contractor personnel shall be available to furnish required services 5 days per week 52 weeks per year including local, state and Federal holidays. This will include an "on call" requirement; a pager shall be carried at all times. Technologist must respond by phone or in person within 10 minutes of being signaled via pager. If responding by phone to a pager signal, they shall respond in person as dictated by the medical situation. The “on-call” technologist shall report and be onsite within 30 minutes of the paged to perform the required procedure. Contractor shall bill and be paid for actual services provided by Contractor personnel including "availability" or "on-call" services as provided herein.

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

3.3.1. New Year’s Day

3.3.2. Presidents Day

3.3.3. Martin Luther King’s Birthday

3.3.4. Memorial Day

3.3.5. Independence Day

3.3.6. Labor Day

3.3.7. Columbus Day

3.3.8. Veterans Day

3.3.9. Thanksgiving

3.3.10. Christmas

3.3.11. Any day specifically declared by the President of the United States to be a national holiday.

3.4. Cancellations: Unless a state of emergency has been declared or the operating room schedule is otherwise cancelled by the VAMC, the Contractor shall be responsible for providing services.

3.4.1. 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, within seven (7) calendar days of the termination of this contract.

4. CONTRACTOR RESPONSIBILITIES

4.1. Clinical Personnel Required: The Contractor shall provide Contractor’s Diagnostic Radiologic Technologist (s) who are competent, qualified as defined in this performance work statement, and adequately trained to perform assigned duties.

4.1.1. Contractor’s technologist (s) shall be responsible for signing in and out when in attendance. Time sheets will be used by the COR to confirm hours/days and services provided against the Contractor’s invoices. Time and Attendance. Signing in and out through Vista or Outlook emailing is a Requirement and will be used to verify attendance for invoice payment.

4.1.2. Contractor’s radiology technologist (s) shall wear a VAPAHCS facility identification card as well as the required Personal Identity Validation (PIV) card on the front of their clothing, as is required of other employees working at VAPAHCS.

4.1.3. 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. Adhere to the ARRT | NMTCB | ARDMS Practice Guidelines and Technical Standards in the science of radiology to improve the quality of services to patients. Promote the safe and effective use of diagnostic radiology by describing specific training, skills, and techniques. ARRT | NMTCB | ARDMS Guidelines by specialty: Practice Guidelines describe recommended conduct in specific areas of clinical practice. They are based on analysis of current literature, expert opinion, open forum commentary and informal consensus. Guidelines are not intended to be legal standards of care or conduct and may be modified as determines by individual circumstances and available resources. http://www.arrt.org, http://www.ardms.org, http://www.nmtcb.org

4.1.3.1. Radiology Modalities:

4.1.3.1.1. Magnetic Resonance Imaging

4.1.3.1.2. Interventional Radiology

4.1.3.1.3. Computed Tomography

4.1.3.1.4. Mammography

4.1.3.1.5. Ultrasound

4.1.3.1.6. Nuclear Medicine

4.1.3.1.7. General Radiography

4.1.3.2. Organ specific and Subspecialty-specific Imaging of Adults:

4.1.3.2.1. Abdomen – Gastrointestinal

4.1.3.2.2. Abdomen – Genitourinary

4.1.3.2.3. Breast Imaging

4.1.3.2.4. Pelvis

4.1.3.2.5. Neuroradiology Imaging

4.1.3.2.6. Cardiovascular | Extremity

4.1.3.2.7. Musculoskeletal

4.2. Standards of Care: The Contractor’s Diagnostic Radiologic Technologist (s) care shall cover the range of services as would be provided in a state-of-the-art health care facility and the standard of care shall be of a quality meeting or exceeding currently recognized national standards as established by:

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 Joint Commission (TJC) http://www.jointcommission.org/standards_information/standards.aspx

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

4.2.4. The requirements contained in this PWS.

4.3. MEDICAL RECORDS:

4.3.1. Authorities: Contractor’s technologist (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).

4.3.2. HIPAA: This contract and its requirements meet exception in 45 CFR 164.502(e) and do not require a business associate agreement (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.

4.3.3. Disclosure: Contractor’s technologist (s) may have access to patient medical records; however, Contractor’s technologist (s) 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 the 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.

4.3.4. 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.

4.3.5. 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 Privacy Officer at the following address:

3801 Miranda Avenue Palo Alto, CA 94304

4.4. Direct Patient Care: 95% of time involved in direct patient care.

4.4.1. Services: Contractor shall be responsible for:

4.4.1.1. Perform all procedures in sub-specialized radiology area, including evaluation of indication, protocol, triaging, and previewing for exam quality at completion of exam.

4.4.1.2. The Diagnostic Radiologic Technologist is primarily concerned with (1) combined specialized knowledge of radiology equipment and human anatomy to provide quality diagnostic images for the radiologist to examine and (2) patient’s safety and comfort.

4.4.1.3. Advises radiologists or referring physician of significant abnormalities that would require their immediate attention and visualization while the patient is undergoing examination.

4.4.1.4. Provide patient care which is appropriate to the cognitive, emotional and chronological maturation needs of the adult and/or geriatric patient population. Positions patient within the examining unit, monitors the patient during all phases of the examination.

4.4.1.5. Makes multiple simultaneous settings and adjustments in operation of equipment to insure accurate results. On the basis of radiologic findings, determines necessary sub-specialized imaging procedures to yield definitive diagnostic findings.

4.4.1.6. Maintains adequate supplies so that examinations are not delayed due to the…