36C26122Q0230.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER

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. NOV 2021)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

36C26122Q0230

6. SOLICITATION ISSUE DATE

2-08-2022

Emily Trinh, Emily.Trinh@va.gov 702-791-9000 x 13424 02-25-2022

11:59PM PST

612MCP

Department of Veterans Affairs

VA Sierra Pacific Network (VISN 21)

Network Contracting Office (NCO) 21

5342 Dudley Blvd, Bldg 209

McClellan CA 95652-2609

X 100

X

561320

$30 Million

N/A

X

See Performance Work Statement

95652

612MCP

Department of Veterans Affairs

VA Sierra Pacific Network (VISN 21)

Network Contracting Office (NCO) 21

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

This is a Request for Quote for temporary Physical Therapist services on an as needed basis to beneficiaries of the San

Francisco Veterans Affairs Medical Center.

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 soliciation's requirements.

See CONTINUATION Page

X X

Joleo Dianala

Contracting Officer

36C26122Q0230

Table of Contents

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 PERFORMANCE WORK STATEMENT

B.4 IT CONTRACT SECURITY

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (NOV 2021)

C.2 52.216-18 ORDERING (AUG 2020)

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.4 52.216-22 INDEFINITE QUANTITY (OCT 1995)

C.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.6 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.7 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.8 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

C.9 VAAR 852.219-77 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (SEP 2021)

(DEVIATION)

C.10 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.11 VAAR 852.237-75 KEY PERSONNEL (OCT 2019)

C.12 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2021) (JUL 2020)

(DEVIATION)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2021)

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.4 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.5 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.6 VAAR 852.215-72 NOTICE OF INTENT TO RE-SOLICIT (OCT 2019)

E.7 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

ITEMS (FEB 2021) (JUL 2020) (DEVIATION)

E.8 VAAR 852.252-70 SOLICITATION PROVISIONS OR CLAUSES INCORPORATED BY

REFERENCE (JAN 2008)

E.9 VAAR 852.273-73 EVALUATION - HEALTH-CARE RESOURCES (NOV 2021)

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 Joleo Dianala, Contracting Officer

Department of Veterans Affairs

VA Sierra Pacific Network (VISN 21)

Network Contracting Office (NCO) 21

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:

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Monthly 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:

AMENDMENT NO DATE

B.2 PRICE/COST 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 $900,000. The Government does not guarantee that it will place any orders under this contract in excess of the guaranteed minimum award amount.

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

520.00 HR __________________ __________________

Physical Therapist

Contract Period: Base

POP Begin: 04-01-2022

POP End: 03-31-2023

PRINCIPAL NAICS CODE: 561320 - Temporary Help Services

PRODUCT/SERVICE CODE: Q518 - Medical - Physical

Medicine/Rehabilitation

MANUFACTURER PART NUMBER (MPN): N/A

Contract Period: Base

POP Begin: 04-01-2023

POP End: 03-31-2024

PRINCIPAL NAICS CODE: 561320 - Temporary Help Services

PRODUCT/SERVICE CODE: Q518 - Medical - Physical

Contract Period: Base

POP Begin: 04-01-2024

POP End: 03-31-2025

PRINCIPAL NAICS CODE: 561320 - Temporary Help Services

PRODUCT/SERVICE CODE: Q518 - Medical - Physical

Contract Period: Base

POP Begin: 04-01-2025

POP End: 03-31-2026

PRINCIPAL NAICS CODE: 561320 - Temporary Help Services

PRODUCT/SERVICE CODE: Q518 - Medical - Physical

Contract Period: Base

POP Begin: 04-01-2026

POP End: 03-31-2027

PRINCIPAL NAICS CODE: 561320 - Temporary Help Services

PRODUCT/SERVICE CODE: Q518 - Medical - Physical

GRAND TOTAL __________________

B.3 PERFORMANCE WORK STATEMENT

1. GENERAL

1.1. Services Required: The Contractor shall provide temporary Physical Therapist services on an as needed basis for San Francisco VA Medical Center

1.2. Place of Performance: 4150 Clement St, San Francisco, CA 94121

1.3. Period of Performance: April 1, 2022 – March 31, 2027

1.4. Authority: FAR Part 13 Simplified Acquisition Procedures

1.5. Definitions/Acronyms

1.5.1. CEU: Certified Education Unit

1.5.2. OP: Outpatient

1.5.3. PT: Physical Therapy

1.5.4. NPI: National Provider Identification

1.5.5. SFVAMC: San Francisco Veterans Administration Medical Center

2. QUALIFICATIONS

2.1. Key Personnel

2.1.1. Education: Contract Physical Therapist shall graduate from an accredited school of Physical

Therapy

2.1.2. License: Contract Physical Therapist(s) assigned by the Contractor to perform the services covered by this contract shall have a current license to practice Physical Therapy 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.

2.1.3. 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

2.1.4. Experience: The Physical Therapist must have at least one (1) year of clinical experience with the patient population represented in an outpatient orthopedic setting

2.1.5. Continuing Medical Education: Must satisfy state licensure requirement for CEU credits

2.1.6. Training:

2.1.6.1. Basic Life Support Certified

2.1.6.2. Complete VA TMS mandatory training

2.1.7. National Provider Identification (NPI): Must provide NPI

2.2. 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.

2.2.1. VA Privacy & Information Security Awareness & Rules of Behavior (TMS) – 1.5 hours

2.2.2. Privacy & HIPAA Focused Training (TMS) – 1.5 hours

2.3. 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

2.3.1. 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.

2.3.2. 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.

2.3.3. . 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 http://www.cdc.gov/hicpac/pdf/InfectControl98.pdf provide follow up documentation of clearance to return to the workplace prior to their return

2.4. 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

2.4.1. 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.

2.4.2. 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.

2.5. 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.

2.6. 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.

2.7. 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

2.7.1. 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.

2.7.2. For temporary substitutions where the key person shall not be reporting to work for three

(3) consecutive workdays 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.

2.7.3. The Government reserves the right to refuse acceptance of any Contractor personnel at any time after performance begins, if personal or professional conduct jeopardizes patient care or interferes with the regular and ordinary operation of the facility. Breaches of conduct include intoxication or debilitation resulting from drug use, theft, patient abuse, dereliction, or negligence in performing directed tasks, or other conduct resulting in formal complaints by patient or other staff members to designated Government representatives. Standards for conduct shall mirror those prescribed by current federal personnel regulations. 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).

2.7.4. 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.

2.7.5. 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

2.8. Non-Personnel Services

2.8.1. Contractors shall not be considered VA employees for any purpose

3. HOURS OF OPERATION

3.1. Work Schedule: Monday through Friday from 8:00am – 4:30pm

3.2. Federal Holidays: Clinic is closed on federal holidays and services will not be required.

3.2.1. New Years

3.2.2. Martin Luther King Jr

3.2.3. Washington’s Birthday

3.2.4. Memorial Day

3.2.5. Juneteenth

3.2.6. Independence Day

3.2.7. Labor Day

3.2.8. Columbus Day

3.2.9. Veterans Day

3.2.10. Thanksgiving

3.2.11. Christmas

3.3. Cancellation Policy: Same day/short notice leave requests will result in clinic cancellations and will significantly impact patient care/clinic operations. 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. The Contract Physical Therapist in the OP PT clinic independently evaluates patients, plans, executes and, if necessary, modifies a full range of treatment procedures designed to restore optimal function to patients. The incumbent will provide physical therapy to outpatients who often have multiple interacting complex acute and/or chronic musculoskeletal problems.

4.2. This position will be seated in the outpatient orthopedic clinic and may require the incumbent to carry the same-day pager.

4.3. This Physical Therapist will provide physical therapy services to veterans with orthopedic diagnoses in accordance with Rehabilitation Section policies and procedures, APTA, Physical

Therapy Board of California guidelines and VA regulations governing the practice of physical therapy. The assignment will include providing physical therapy services in post-surgical and non-operative case for conditions both acute and chronic. Services might also include the incorporation of video-based interface modalities.

4.4. Contractor personnel is responsible for these clinical tasks:

4.4.1. Demonstrates ability to make autonomous clinical decisions in a Direct Access environment with consideration for local Scope of Practice guidelines. This includes the ability to independently evaluate and treat patients who seek physical therapy services.

4.4.2. Reviews and screens patient’s medical record for appropriateness of PT intervention, noting any potential risks or contraindications to treatment and to assist in guiding the evaluation process. Screens outpatients for readiness to begin PT.

4.4.3. Performs comprehensive evaluations and examinations of patients who have or may develop impairments, activity limitations, and participation restrictions related to conditions of the musculoskeletal, neuromuscular, cardiovascular, pulmonary and/or integumentary systems. Evaluations are conducted independently, and results are documented according to departmental and Medical Center standards.

4.4.4. Interprets findings, selects appropriate tests, and measures, and integrates findings into the

PT plan of care.

4.4.5. Establishes a diagnosis within the scope of physical therapy and identifies the appropriate rehabilitation intervention, including referral to another provider for further consultation.

4.4.6. Participates in trans-disciplinary clinics as appropriate.

4.4.7. Determines PT prognosis by incorporating examination finds with patient’s preference in setting clinically appropriate treatment goals, optimize outcomes and maximize functional independence.

4.4.8. Addresses rehabilitation potential, learning needs and patient response to education.

Identifies barriers to learning and strategies to overcome them

4.4.9. Performs the full range of PT treatment procedures, modifying the treatment according to the patient’s response to PT intervention.

4.4.10. Recognizes adverse reactions to treatment and initiates effective action immediately.

Modifies treatment plan according to patient response to best meet established goals.

Document’s progression and/or modifications according to Departmental and Medical

Center Standards.

4.4.11. Discusses with physicians and other team members patient performance in PT, current status, and continuing goals. Works effectively with treatment team members and other health care providers in coordinating the patient’s total care. Attends case conferences as requested.

4.4.12. Makes certain that patient has been assessed for appropriate DME (durable medical equipment) and that such equipment has been ordered and issued.

4.4.13. Measures, fits, and instructs patients for complex adaptive equipment and assistive devices. Provides documentation that justifies medical need for all adaptive equipment and assistive device requests. Procures DME for eligible veterans who are receiving care in the community.

4.4.14. Follows all infection control and safety guidelines.

4.4.15. Provides clinical oversight of Physical Therapist Assistants.

4.4.16. Meets departmental productivity standards as outlined in GS12 – Performance Standards.

4.5. Contractor personnel is responsible for these administrative tasks:

4.5.1. Assist with daily triage of PT consults that included the use of Consult Toolbox

4.5.2. Demonstrates time management skills by rearranging priorities and assuming additional workload when required

4.5.3. Completes all record keeping including but not limited to encounter entry and prosthetic requests in a timely manner

4.5.4. Complies with requirements related to patient scheduling and consult management policies and procedures including the use of Return to Clinic Orders

4.6. Medical Records

4.6.1. Authorities: Contractor will have access to Computerized Patient Records Systems

(CPRS) and will comply with all cybersecurity, privacy, confidentiality, and HIPPA provisions

4.6.2. Disclosure: Contractor shall obtain permission from the VA before disclosing patient information

4.6.3. Professional Standards for Documenting Care: Contractor will follow guidelines for clinical documentation as required by SFVAMC PT section

4.6.4. 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).

4.6.5. 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.

4.6.6. 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 and all guidelines provided by the VAMC.

4.7. Documentation: All patient documentation including initial evaluations, progress notes, reassessments and discharge notes will be entered electronically using the Computerized Patient

Record System (CPRS) and will be in accordance with VA and Rehabilitation Service policies.

Patient documentation and visit encounters will be completed within 24 hours of the visit.

4.8. Customer Service: The Physical Therapist will be instructed in and adhere to the principles of good customer service, including but not limited to: awareness of the importance of all internal and external customers, respect for patient confidentiality, and courteous and respectful communications with all customers.

4.8.1. For communication, the Physical Therapist should:

4.8.1.1. Respond to emails within 3 business days

4.8.1.2. Return phone calls within 24 hours

4.8.1.3. Respond to pages within 1 hour

4.8.1.4. Use TEAMS appropriately

4.8.1.5. Accept feedback in a professional manner

4.9. Health and Safety: The Physical Therapist will follow all VA and Rehabilitation Service procedures and policies to ensure as safe an environment as possible, including but not limited to: obtaining required immunizations, following all infection control procedures, adhering to proper safety precautions while handling patients, equipment and materials, understanding proper actions in response to emergencies, internal and external disasters, and reporting any unsafe conditions to the supervisor.

4.10. Performance Standards, Quality Assurance, and Quality Improvement

4.10.1. 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.

4.10.2. Department supervisor will conduct period quality assurance measures that assess the contract PT’s documentation, productivity, quality of care provided and response to supervisory feedback. Methods of surveillance include, but are not limited to:

4.10.2.1. Periodic Inspection

4.10.2.2. Customer Feedback

4.10.2.3. Random Sampling

4.10.2.4. Direct Observation

4.10.3. 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

5. GOVERNMENT RESPONSIBILITIES

5.1. The Chief of Physical Therapy or her delegate will provide oversight of services to ensure contract compliance and satisfactory clinical performance.

5.2. The department supervisor and others at her request will provide orientation to all pertinent

VHA, SFVAMC, Rehabilitation Service, and Physical Therapy policies and procedures.

6. SPECIAL CONTRACT REQUIREMENTS:

6.1. Timekeeping: The Physical Therapist will maintain a timecard that will be verified and signed by the Chief of Physical Therapy or her delegate. No overtime or exceptions to the agreed upon schedule will take place without prior permission of the supervisor.

6.2. Contractor employees who work in or travel to VHA locations must comply with the following:

6.2.1. Documentation requirements:

6.2.1.1. If fully vaccinated, contractors shall show proof of vaccination.

6.2.1.1.1. NOTE: Acceptable proof of vaccination includes a signed record of immunization from a health care provider or pharmacy, a copy of the COVID-

19 Vaccination Record Card (CDC Form MLS-319813_r, published on

September 3, 2020), or a copy of medical records documenting the vaccination.

6.2.1.1.2. If unvaccinated, contractors shall show negative COVID-19 test results dated within three calendar days prior to desired entry date. Test must be approved by the Food and Drug Administration (FDA) for emergency use or full approval.

This includes tests available by a doctor’s order or an FDA approved over-the-counter test that includes an affiliated telehealth service.

6.2.1.1.3. Documentation cited in this section shall be digitally or physically maintained on each contractor employee while in a VA facility and is subject to inspection prior to entry to VA facilities and after entry for spot inspections by

Contracting Officer Representatives (CORs) or other hospital personnel.

6.2.1.1.4. Documentation will not be collected by the VA; contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

6.3. Contractor employees are subject to daily screening for COVID-19 and may be denied entry to

VA facilities if they fail to pass screening protocols. As part of the screening process contractors may be asked screening questions found on the COVID-19 Screening Tool. Check regularly for updates.

6.3.1. Contractor employees who work away from VA locations, but who will have direct contact with VA patients shall self-screen utilizing the COVID-19 Screening Tool, in advance, each day that they will have direct patient contact and in accordance with their person or persons who coordinate COVID-19 workplace safety efforts at covered contractor workplaces.

Contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

6.4. Contractor must immediately notify their COR or Contracting Officer if contract performance is jeopardized due to contractor employees being denied entry into VA Facilities.

6.5. For indefinite delivery contracts: Contractor agrees to comply with VHA Supplemental Contract

Requirements for any task or delivery orders issued prior to this modification when performance has already commenced.

7. BILLING:

7.1. Invoice requirements: Invoices must be submitted no later than the 20th workday of the month following the month where services were performed. Subsequent changes or corrections shall be submitted by separate invoice. In addition to information required for submission of a “proper” invoice in accordance with FAR 52.212-4 (g), all invoices must include:

7.1.1. Name and Address of Contractor

7.1.2. Invoice Date and Invoice Number

7.1.3. Contract Number and Purchase/Task Order Number

7.1.4. Date(s) of Service

7.1.5. Contract Physical Therapist(s) (Name of Contractor’s Employee)

7.1.6. Hourly Rate

7.1.7. Quantities of Hours Worked

7.1.8. Total Price

7.1.9. Copy of signed timecard

7.2. All invoices from the contractor shall be submitted electronically in accordance with VAAR

Clause 852.232-72 Electronic Submission of Payment Requests. VA’s Electronic Invoice

Presentment and Payment System – The FSC uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission. Please go to this website:

http://www.tungsten-network.com/US/en/veterans-affairs / to begin submitting electronic invoices, free of charge. More information on the VA Financial Services Center is available at http://www.fsc.va.gov/einvoice.asp.

https://www.va.gov/covid19screen/ https://www.va.gov/covid19screen/ http://www.tungsten-network.com/US/en/veterans-affairs http://www.fsc.va.gov/einvoice.asp

7.3. Vendor e-Invoice Set-Up Information: Please contact Tungsten at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services

Center for payment processing, free of charge. If you have question about the e-invoicing program or Tungsten, please contact the FSC at the phone number or email address listed below:

7.3.1. Tungsten e-Invoice Setup Information: 1-877-489-6135

7.3.2. Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com

7.3.3. FSC e-Invoice Contact Information: 1-877-353-9791

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

7.4. Payment Adjustments/Performance Related Payment Deductions:

7.4.1. Invoices will be prorated for partial days/hours worked. The contractor shall be paid only for actual work performed onsite. Contractor personnel shall be responsible for reporting time worked accurately. The Contractor shall be paid only for actual hours performed. The

Government may adjust payments by 15-minute increments for non-full hours worked.

7.4.2. Acceptable Quality Level: Failure of Contract Physical Therapist(s) to meet the Acceptable

Quality Level on any performance measure will be cause for removal from contract until such time the contract Physical Therapist(s) meets qualification standard. If unable to meet qualification standard, the contract will be terminated.

7.4.3. Payments in full/no billing VA beneficiaries: The Contractor shall accept payment for services rendered under this contract as payment in full. VA beneficiaries shall not under any circumstances be charged, nor their insurance companies charged, for services rendered by the Contractor, even if VA does not pay for those services. This provision shall survive the termination or ending of the contract.

7.4.4. The Contractor shall not bill, charge, collect a deposit from, seek compensation, remuneration, or reimbursement from, or have any recourse against, any person or entity other than VA for services provided pursuant to this contract. It shall be considered fraudulent for the Contractor to bill other third-party insurance sources (including

Medicare) for services rendered to Veteran enrollees under this contract mailto:VA.Registration@Tungsten-Network.com mailto:vafsccshd@va.gov

B.4 IT CONTRACT SECURITY

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY

1. GENERAL

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

2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

a. A contractor/subcontractor shall request logical (technical) or physical access to VA information and

VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order.

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

Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.

c. Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The

Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security

Service (DSS). Verification of a Security Clearance must be processed through the Special Security

Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness.

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

may be an evaluation factor.

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

3. VA INFORMATION CUSTODIAL LANGUAGE

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

(1).

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

c. Prior to termination or completion of this contract, contractor/ subcontractor must not destroy information received from VA, or gathered/ created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration

(NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its

Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA

Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract.

d. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or

Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract.

e. The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed.

f. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal

Acquisition Regulation (FAR) part 12.

g. If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements.

Absent an agreement to use or disclose protected health information, there is no business associate relationship.

h. The contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated.

i. The contractor/subcontractor's firewall and Web services security controls, if applicable, shall meet or exceed VA's minimum requirements. VA Configuration Guidelines are available upon request.

j. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations:

(i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA's prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response.

k. Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38

U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response.

l. For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require C&A or an MOU-ISA for system interconnection, the contractor/subcontractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the COR.

4. INFORMATION SYSTEM DESIGN AND DEVELOPMENT

a. Information systems that are designed or developed for or on behalf of VA at non-VA facilities shall comply with all VA directives developed in accordance with FISMA, HIPAA, NIST, and related VA security and privacy control requirements for Federal information systems. This includes standards for the protection of electronic PHI, outlined in 45 C.F.R. Part 164, Subpart C, information and system security categorization level designations in accordance with FIPS 199 and FIPS 200 with implementation of all baseline security controls commensurate with the FIPS 199 system security categorization (reference Appendix D of VA Handbook 6500, VA Information Security Program).

During the development cycle a Privacy Impact Assessment (PIA) must be completed, provided to the

COR, and approved by the VA Privacy Service in accordance with Directive 6507, VA Privacy Impact

Assessment.

b. The contractor/subcontractor shall certify to the COR that applications are fully functional and operate correctly as intended on systems using the VA Federal Desktop Core Configuration (FDCC), and the common security configuration guidelines provided by NIST or the VA. This includes Internet

Explorer 7 configured to operate on Windows XP and Vista (in Protected Mode on Vista) and future versions, as required.

c. The standard installation, operation, maintenance, updating, and patching of software shall not alter the configuration settings from the VA approved and FDCC configuration. Information technology staff must also use the Windows Installer Service for installation to the default "program files" directory and silently install and uninstall.

d. Applications designed for normal end users shall run in the standard user context without elevated system administration privileges.

e. The security controls must be designed, developed, approved by VA, and implemented in accordance with the provisions of VA security system development life cycle as outlined in NIST Special Publication

800-37, Guide for Applying the Risk Management Framework to Federal Information Systems, VA

Handbook 6500, Information Security Program and VA Handbook 6500.5, Incorporating Security and

Privacy in System Development Lifecycle.

f. The contractor/subcontractor is required to design, develop, or operate a System of Records Notice

(SOR) on individuals to accomplish an agency function subject to the Privacy Act of 1974, (as amended), Public Law 93-579, December 31, 1974 (5 U.S.C. 552a) and applicable agency regulations. Violation of the Privacy Act may involve the imposition of criminal and civil penalties.

g. The contractor/subcontractor agrees to:

(1) Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies:

(a) The Systems of Records (SOR); and

(b) The design, development, or operation work that the contractor/ subcontractor is to perform;

(1) Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the redesign, development, or operation of a SOR on individuals that is subject to the Privacy Act; and

(2) Include this Privacy Act clause, including this subparagraph (3), in all subcontracts awarded under this contract which requires the design, development, or operation of such a SOR.

h. In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a SOR on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a SOR on individuals to accomplish an agency function. For purposes of the Act, when the contract is for the operation of a SOR on individuals to accomplish an agency function, the contractor/subcontractor is considered to be an employee of the agency.

(1) "Operation of a System of Records" means performance of any of the activities associated with maintaining the SOR, including the collection, use, maintenance, and dissemination of records.

(2) "Record" means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history and contains the person's name, or identifying number, symbol, or any other identifying particular assigned to the individual, such as a fingerprint or voiceprint, or a photograph.

(3) "System of Records" means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual.

i. The vendor shall ensure the…