36C26218R0548-001.docx

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

36C26218R0548 09-04-2018 Lon-Det Givens 562-766-2228 10-0 -2018

12:00 PM PDT

00262 Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815 X X Y 339113 750 Employees N/A X Department of Veterans Affairs 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815 00262 Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815

Payment will be made via Government Purchase card

See CONTINUATION Page See "Schedule of Supplies/Services and Prices/Costs" on pages 19

- 2 of this solicitation.

This procurement is being conducted under the authority of 38 U.S.C. 8123 See CONTINUATION Page Payment will be made via Government Purchase Card X X Alan Trinh Contracting Officer 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 36C262 Lon-Det Givens Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815

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.

Payment will be made via Government Purchase card See Section D: Attachment A for invoice addresses

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011)

This solicitation includes FAR 52.219-7 Notice of Partial Small Business Set-Aside. Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by VA to assist in assessing the contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to contractor's offices where the contractor's business records or other proprietary data are retained and to review such business records regarding the contractor's compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

B.3 STATEMENT OF WORK

1. BACKGROUND

The Department of Veterans Affairs (VA), Veterans Integrated Service Network (VISN) 22, provides prosthetics, orthotics and related services to those veterans that require them and are eligible for assistance. It is VA’s intention to solicit proposals and award multiple contracts on a competitive basis under the authority of Title 38 U.S.C. Section 8123.

The prosthetics, orthotics and related services are to be provided to Veterans referred by any of the following Medical Centers:

1. VA Albuquerque Healthcare System 1501 San Pedro Dr. SE Albuquerque, NM 87108

2. VA Phoenix Healthcare System 650 E. Indian School Rd.

Phoenix, AZ 85012

3. VA Northern Arizona Healthcare System 500 N. Hwy 89 Prescott, AZ 86313

4. VA Southern Arizona Healthcare System 3601 South 6th Ave Tucson, AZ 85723

2. SCOPE

The Contracting Officer contemplates award of one or more Indefinite Delivery Indefinite Quantity (IDIQ) firm fixed price contract(s) pursuant to this solicitation for prosthetic appliances, orthotic appliances and related services. The range of services shall encompass HCPCS codes listed in the HCPCS Fee Schedule. The solicitation only includes commercial items. Products that are not commercial items are considered experimental and purchase of experimental products shall not be authorized under this contract.

3. ABBREVIATIONS

4. DEFINITIONS

A. Good Standing:

Participates and achieves appropriate continuing education credits and pays dues as determined by Certifying Agency such as ABC or BOC.

B. Purchase Card/VISA Level II:

Enhanced data is the additional information that accompanies charge card transactions. Enhanced data is required for processing financial transactions or for settlement of that transaction. Level II provides additional summary data that accompanies Level I (minimum amount of data required to clear and settle a financial transaction) through the clearing and settlement process. This is the only method of payment for awarded contracts.

5. GENERAL REQUIREMENTS

A. Standards of Performance:

The Contractor shall fabricate all prostheses and orthotics in strict conformance to the prosthetic prescription that has been provided by the VA Clinic Team. The Contractor shall not add or substitute components or alter the veteran’s prescription in any way without prior approval and written authorization from the VA Clinic Team Prosthetic Representative or designee.

B. Educational and Training Requirements:

The Contractor shall have a full-time American Board Certified (ABC), or Board for Orthotist-Prosthetist Certification (BOC), or VA Qualified (VAQP) Prosthetist on staff in good standing at each of their locations. A waiver for this requirement may be granted on a case-by-case basis for branch offices only in the event that VA determines this requirement would place an undue burden on the Veteran. VA reserves the right to verify Prosthetist(s) and Orthotist(s) credentials anytime during the term of this contract. In the event that VA determines that the Contractor is not meeting the above requirements, VA may terminate the contract for cause in accordance with the applicable clauses listed in the contract. See FAR Clause 52.212-4 paragraph (m).

C. Special Education Requirements for Certain Prostheses:

The Contractor shall perform fitting and alignment of prosthetic limbs and associated services under the supervision of a Prosthetist who has met the applicable educational and training requirements covered under the manufacturing training program for that device. New technologies require proof of training and only those Prosthetists specifically trained, or completing training for purposes of providing an item by the time of delivery of the item may provide the item and follow up services to a veteran. VA reserves the right to determine which technologies require specific training. VA will notify the Contractor when current technologies require specialized training from the manufacturer in order to provide to veterans.

D. Special Education Requirements for Certain Orthoses:

The Contractor shall perform the evaluation, fitting and delivery of the orthotics/services as detailed in the American Board for Certification’s Scope of Practice which is incorporated herein by reference.

At a minimum, training shall include educational seminars specific to the fabrication and servicing of advanced components that were presented by organizations such as National Association for the Advancement of Orthotics and Prosthetics (NAAOP), American Academy of Orthotics and Prosthetics (AAOP), American Orthotic and Prosthetic Association (AOPA), International Association of Orthotics and Prosthetics (IAOP), or a formal program which is specifically designed to train Prosthetists/Orthotists in the fabrication of these items. Examples of such advanced Orthotic componentry would include spiral AFO/KAFO designs, stance control knee joints, RGO’s, tenodesis orthoses, AFO or other devices that involve electrical stimulation of muscles, dynamic contracture orthoses, and any device that contains a microprocessor on-board unit.

E. Approved Facilities:

All work required under this contract shall be conducted at the facility locations included in the contract. The Contractor’s facilities, where work is being performed under the contract, shall be accredited by the Facility Accreditation Program of the American Board for Certification in Orthotics and Prosthetics, Inc. (ABC) or the Accredited Facilities Program of the Board of Certification/Accreditation (BOC). VA reserves the right to conduct site visits of the facility and review accreditation and certification documents and standards at any time. Throughout the duration of this contract, notification of any facilities which are added, changed or closed must immediately be conveyed to both the Contracting Officer and the COR to obtain approval before it may be used for this contract; added facilities must be ABC or BOC certified prior to any Veteran being seen or treated in the facility.

F. Monitoring and Utilization Devices:

VA may prescribe and authorize an automated prosthetic utilization and function monitoring device for data collection and analysis for a new lower extremity prosthetic limb (transtibial, knee disarticulation, transfemoral and hip disarticulation level; does not include socket replacements). When requested, the Contractor shall provide reports based on data collected from the monitoring and utilization device. The report shall contain a narrative and graphical representation of the below eight (8) variables. The utilization and function monitoring device will have the ability to record intensity, endurance, gait symmetry, dynamic function, including alignment, forces and moments with proven accuracy. The device will monitor and continuously record the following:

1. Stance and swing time for gait symmetry, dynamic function including alignment, forces, and moments;

2. Cadence and cadence variability;

3. Step count – continuous recording of total step count;

4. Number of steps per selected time interval;

5. Longitudinal, historical and objective analysis;

6. Peak performance index, quantifiable into baseline and faster than baseline rate of walking, distance and variable cadence;

7. Functional level assessment capability; and

8. Measurement of socket load during gait.

6. SPECIFIC REQUREMENTS

A. Solicitation of Beneficiaries:

The Contractor shall not directly, or indirectly through agents, solicit eligible Veterans through any means such as, but not limited to, utilizing any advertisements or mailing lists (see Contract Clause 852.270-4 Commercial Advertising), contacting the Veteran directly or through VA clinics. Individual veterans will be permitted to select which Prosthetist or Orthotist will provide services to that Veteran. To assist in the selection of their Prosthetist or Orthotist, all eligible Veterans shall be given a current list of the contracted providers that are located within the service area within which the Veteran desires to obtain prosthetic or orthotic services. Each list of contracted providers shall contain the following header statement in boldface type:

YOU HAVE THE RIGHT TO SELECT THE PROSTHETIC OR ORTHOTIST CONTRACTOR OF YOUR CHOICE FROM ANY OF THE VA APPROVED CONTRACTORS. ANY ATTEMPT TO INFLUENCE YOUR DECISION OR TO DIRECT YOU TO ANY PARTICULAR CONTRACTOR SHOULD BE REPORTED TO THE HEALTHCARE FACILITY DIRECTOR OF THIS FACILITY.

B. Loaner Hydraulic and/or Microprocessor Unit Requirements:

Contractors who are qualified to furnish hydraulic or microprocessor knee mechanisms shall provide a “loaner” unit in the event that a veteran beneficiary’s unit needs repair by the manufacturer. Loaner is defined as a suitable prosthetic, fit for patient use during the repair period. The Contractor shall submit a copy of the invoice from the manufacturer to support the cost of repairing the malfunctioning unit. Any salvage value granted by the manufacturer for a non-repairable unit shall be credited by the Contractor to VA against the cost of a replacement unit.

C. Salvage:

In the event that a Veteran beneficiary dies prior to delivery and acceptance of a prosthetic or orthotic, VA shall pay the Contractor for the work performed up to the point that the Contractor is notified to stop work. The pricing paid shall be mutually agreed upon in writing and shall not exceed the contract price of the prosthetic or orthotic less the salvage value of the unused prosthetic or orthotic.

7. PERFORMANCE, DELIVERY, INSPECTION AND ACCEPTANCE

A. The Contractor shall complete initial delivery of items ordered under this contract no later than 30 calendars days after receipt of a delivery order. Initial delivery means an ordered item or service is complete and the item is provided to, and accepted by the patient. The Contractor shall provide a written notification to the VA Prosthetic Representative within 7 calendar days of the receipt of a delivery order to show cause in the event the Contractor is unable to deliver the required items in accordance with the Government's required delivery date.

B. In the event the Government desires expedited delivery, the ordering activity shall telephonically contact the Contractor and inquire into the feasibility of obtaining this condition. The Contractor shall respond within 24 hours to such request and expedited delivery shall be mutually agreed upon in writing. Any additional costs incurred by the Contractor for meeting this requirement shall be negotiated in accordance with clause 52.212-4, Contract Terms and Conditions--Commercial Items. Failure by the Contractor to deliver the ordered prostheses or orthosis on an expedited basis, or otherwise fulfill the agreed upon requirements shall constitute an event of default, and the Contracting Officer shall undertake any action authorized pursuant to this solicitation, or otherwise in accordance with applicable statutes and regulations. (Note: Expedited Delivery terms and conditions, when required, will be determined by the Contracting Officer on a case by case basis and stated in the individual task or delivery order)

C. Typically, Veteran beneficiaries who are experienced Prosthetic or Orthosis wearers will normally be measured, fitted, and accept delivery of their Prosthesis or Orthotic appliance at the Contractors facility. Veteran beneficiaries who are not experienced Prosthetic or Orthotic wearers (first time user) will normally be measured, fitted, and accept delivery at the ordering VA facility. The conditions of and point of measurement, fitting, delivery, inspection, and acceptance of Prosthetic or Orthotic appliances shall be at the discretion of the appropriate VA Clinical Team, Prosthetic/Orthotic Representative, Chief of Prosthetics, Prosthetist/Orthotist or prescribing physician and handled on a case-by-case basis. The Contractor shall travel to the ordering VA facility to provide measuring, fitting, and acceptance services for those Veterans receiving those services at a VA facility. The Contractor shall not charge VA a separate fee for travel; travel to VA facilities to provide these services is included in the prices listed in Section B.4 Schedule of Supplies/Services and Prices.

D. The Contractor shall obtain a signature and date from the Veteran at time of delivery of the completed prosthetic or orthotic appliance. A copy of this signed and dated form shall be submitted with the charge for the prostheses or orthosis and be emailed to the Prosthetic service at the applicable VA Healthcare Center. Payment will be provided upon successful inspection and acceptance of completed appliance. Inspection and acceptance will be the responsibility of the VA Clinical Team or designated representative.

E. The Contractor shall warrant the Prosthetic or Orthotic appliances provided against defective material and/or workmanship for a minimum of 180 calendar days from the date of acceptance. Manufacturer’s warranties of Orthotic components that extend beyond the minimum 180-day period shall be in effect and also enforced. The Contractor agrees to furnish without additional cost to the government, all labor and materials necessary to correct defects that were detected during the guarantee period. These conditions do not apply to adjustments incidental to wearing of the device, adjustments required by physical change of the wearer, or where there is evidence of deliberate misuse or alteration by anyone other than the Contractor.

F. The Contractor shall immediately notify all effected VAHS(s) and contracting activities in the event of a product recall, removal, required adjustment, or required modification that is suggested or mandated by the Contractor, distributor, manufacturer, or any regulatory or official agency. The information that shall be included in this notification includes:

1. A complete item description, identification.

2. Administrative identification data including contract number, order numbers, and order date.

3. Reasons for recall, removal, adjustment, or modification.

4. Instructions for appropriate corrective action.

G. The Contractor shall provide semi-annual service to each veteran for whom the Contractor is managing prosthetic limb care. For the purposes of this contract, semi-annual service is defined as a follow up visit for inspection of the prosthetic limb(s) and evaluation for fit and function for all VA-approved prosthetic limb(s) the patient owns and is actively using. Semi-annual service shall include inspection, testing, cleaning, and checking of the prosthetic limb(s) and/or residual limb(s) to include maintenance specific to the warranty of devices.

The Contractor shall provide two follow up visits annually per patient for a patient to whom the Contractor delivered a prosthetic limb(s) under this contract. The Contractor shall notify the CO for the required semi-annual service and receive written authorization prior to providing the semi-annual service to the veteran.

The following L-Code shall be used for semi-annual service:

1. L7520 – Repair prosthetic device, labor component, per 15 minutes (not to exceed 4 units or 60 minutes) H. All parts procured or fabricated to replace existing parts or to modify a previously issued or fabricated device is considered a “repair,” regardless of who fabricated or supplied the original part. Repair and replacement of minor parts may require adjustments to a prosthetic limb required by wear or a change in the veteran’s condition. A minor repair or replacement means repair or replacement that does not significantly alter the function or essential physical characteristics of an item or component, or change the purpose of an item or component. Factors that will be considered in determining whether a repair or replacement is minor include the value and size of the repair or replacement, and the comparative value and size of the final product. Dollar values and percentages may be used as guideposts, but are not conclusive evidence that a repair or replacement is minor. The following L-Codes shall be used for repair and replacement of minor parts and for labor:

1. L7510 – Repair prosthetic device, repair or replace minor parts (not to exceed $500.00)

2. L7520 – Repair prosthetic device, labor component, per 15 minutes (not to exceed 8 units or 120 minutes)

Repair and replacement of minor parts and labor requires prior approval and written authorization from the CO, except for repairs provided to veterans with VA Prosthetic Service Card (VA Form 10-2501).

I. The Contractor shall accept a VA Prosthetic Service Card (PSC) VA Form 10-2501 for necessary repairs to the veteran’s qualified prosthetic device up to $500.00. Prior approval and written authorization from VA is required for repairs over $500.00.

The Contractor shall submit VA Form 10-2520 PSC Invoice to the Prosthetic and Sensory Aids Service at the VAMC with the primary service area responsibility where the veteran resides for reimbursement. The Contractor shall obtain the veteran’s signature acknowledging receipt of appropriate repair for invoices for such repairs under the authority of a PSC.

J. Repairs to a prosthetic limb are covered when necessary to make the prosthetic limb functional. If the expense for repairs exceeds the estimated expense of purchasing a new prosthetic limb or device, no payment can be made for the amount of the excess. Maintenance that may be necessitated by manufacturer’s recommendations or construction of the prosthetic limb shall be performed by the Contractor covered as a repair.

Replacement of a prosthetic limb or replacement of a prosthetic limb device/component requires prior approval and written authorization from the CO.

K. The Contractor shall have a quality control plan that describes managements methods to assure the provision of prompt and quality service. The quality control plan shall show procedures, quality assurance checks, used resources, skills, and documentation with regards to evaluation, production, adjustment, and the maintenance and repair of orthotic devices. The quality control plan shall also include a mitigation plan for approved facility closures or changes, methods to maintain HIPAA compliance, procedures for notifying the Veteran-patient, procedures to supply replacement items the event of a product recall, and the Contractor’s system for traceability and serial number/lot number records for recalls.

8. CONTRACTOR PERSONNEL – VA CLINIC ATTENDANCE

The Contractor may attend VA Amputee Clinic as subject matter experts when invited by the Lab Supervisor, Site Manager or other designee or if they have a Veteran scheduled for clinic. The Contractor shall not directly address Veterans or attempt to establish rapport with the Veterans unless directed by the VA Amputee Clinic Chair or the Prosthetic staff member. The Contractor shall not solicit Veterans while attending VA Clinic. The Contractor shall not remove any patient information from clinic unless it’s required to allow for adequate treatment of the Veteran. If required, minimal patient information shall be provided by the VA Clinic.

A. Contractor personnel shall to wear ID Badges during the entire time they are at the VA facility. ID Badges must have an identification picture and shall state in English the name of the individual and the company represented.

B. Contractor personnel shall check into the facility Police & Security office or Visitor’s desk at each visit to pick up a “contractor” badge prior to contacting the COTR.

C. Contractor personnel shall refrain from making inappropriate comments. Any such action that is deemed inappropriate may result in exclusion from clinic attendance.

D. Contractor personnel shall observe the rules and regulations of the VA facility.

1. Smoking is permitted only in designated areas as posted.

1. Parking is only permitted in areas designated as Visitor Parking Lots, by the COTR, or otherwise directed by the Police and Security Service personnel.

E. The Contractor shall not employ persons for work on this contract if such employee is identified to the Contractor as a potential threat to the health, safety, security, general well-being or operational mission of the installation and its population.

9. SPECIAL CONTRACT REQUIREMENTS

A. Temporary Emergency Substitutions of Key Personnel:

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

· Orthotist

· Prosthetist

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 (3) below. After the initial 90-day period of the contract, the Contractor shall submit the information required by paragraph (3) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

2. The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes shall have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on the proposed substitutes.

3. For temporary substitutions where the key person will not be reporting to work for three (3) consecutive work days or more, the Contractor will provide a qualified replacement for the key person. This substitute shall have comparable qualifications to the key person. Any period exceeding two weeks will require the procedure stated in paragraph (2) above.

B. Health and Human Services – Office of Inspector General (HHS/OIG):

To ensure that the individuals providing services under the contract have not engaged in fraud or abuse regarding Sections 1128 and 1128A of the Social Security Act regarding federal health care programs, the Contractor shall check the Health and Human Services - Office of Inspector General (HHS/OIG), List of Excluded Individuals/Entities on the OIG Website (www.hhs.gov/oig) for each person providing services under this contract. During the performance of this contract the Contractor is prohibited from using any individual or business listed on the List of Excluded Individuals/Entities.

C. Confidentiality of Patient Records:

1. The Contractor is a VA Contractor and will assist in the provision of health care to patients seeking such care from or through VA. As such, the Contractor is considered as being part of the Department health care activity. Contractor is considered to be a VA Contractor for purposes of the Privacy Act, Title 5 U.S.C. 552a. Further, for the purpose of VA records access and patient confidentiality, Contractor is considered to be a VA Contractor for the following provisions: Title 38 U.S.C. 5701, 5705, and 7362. Therefore, Contractor may have access, as would other appropriate components of VA, to patient medical records including patient treatment records pertaining to drug and alcohol abuse, HIV, and sickle cell anemia, to the extent necessary to perform its contractual responsibilities. However, like other components of the Department, and not withstanding any other provisions of this contract, the Contractor is restricted from making disclosures of VA records, or information contained in such records, to which it may have access, except to the extent that explicit disclosure authority from VA has been received. The Contractor is subject to the same penalties and liabilities for unauthorized disclosures of such records as VA.

2. The records referred to above shall be and remain the property of VA and shall not be removed or transferred from VA except in accordance with U.S.C.552a (Privacy Act), 38 U.S.C. 5701 (Confidentiality of claimant’s 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) and federal laws, rules and regulations. Subject to applicable federal confidentiality or privacy laws, the Contractor, or their designated representatives, and designated representatives of federal regulatory agencies having jurisdiction over Contractor, may have access to VA ‘s records, at VA’s place of business on request during normal business hours, to inspect and review and make copies of such records.

F. Contract Usage and Cost Savings Report:

Contractor shall provide a monthly electronic report detailing contract usage and cost savings by each VISN 22 healthcare facility. Contractor shall provide to the COR or designee their respective facility’s electronic report no later than (NLT) the 15th of each month for the previous months usage. The report shall be by facility, by contract line item and shall include: the month and year, the facility name, the total quantity used, the total cost before discount, the total cost invoiced, and the total cost savings. Sample report is included in Section D – Contract Documents, Exhibits, or Attachments on page 45 of this solicitation.

10. ACCREDITATION REQUIREMENTS

The Contractor shall be accredited by ABC and/or BOC. All Contractor employees shall continuously meet or exceed ABC and/or BOC standards. The Contractor shall develop and maintain the following documents for each contractor employee working on this contract: credentials and qualifications for the job; a current competence assessment checklist (an assessment of knowledge, skills, abilities and behaviors required to perform a job correctly and skillfully, and including knowledge and skills required to provide care for certain patient populations, as appropriate); a current performance evaluation supporting ability of the contractor employee to successfully perform the work required under this solicitation; and, listing of relevant continuing education for the last two years. At the time of contract award, annually on the date of the contract award thereafter, and at any other time requested by the VA COR, the Contractor shall provide current copies of these records for each contractor employee working on this contract.

The Contractor shall ensure that personnel providing work on this contract are fully trained and completely competent to perform the required work.

The Contractor is required to maintain records that document competence/performance level of Contractor employees working on this contract in accordance with ABC and/or BOC requirements. The Contractor will provide a current copy of the competence assessment checklist and annual performance evaluation to the Contracting Officer’s Representative (COR) for each Contractor employee working on this contract.

When changes in Contractor personnel are approved in accordance with the “Key Personnel” clause of the contract, the Contractor must provide evidence of orientation, the current competence assessment, and current performance evaluation that supports the above.

11. INSURANCE REQUIREMENTS

A. The Contractor agrees to procure and maintain, while the contract is in effect, Workers Compensation and Employee’s Public Liability Insurance.

1. Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractors commercial operation that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000.00 shall be required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

1. General liability. (1) The Contracting Officer shall require bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000.00 per occurrence. (2) Property damage liability insurance shall be required only in circumstances as when work is done on the Government facility.

1. Before commencing work under this contract, the Contracting Officer shall require the Contractor to furnish certification from his/her insurance company indicating that the coverage specified herein has been obtained and that it may not be changed or canceled without guaranteed thirty (30) days’ notice to the Contracting Officer in writing.

B. The Contractor holds harmless the Government against any or all loss, cost, damage, claim expense or liability whatsoever, because of accident or injury to persons or property of others occurring in the performance of this contract.

C. The Contractor shall be responsible for all damage to property, which may be done by him, any personnel, or subcontractor engaged in the performance of this contract.

12. HOURS OF OPERATION

A. Normal Work Hours:

The Contractor shall provide supplies and incidental services forty (40) hours per week, excluding National Holidays. The Contractor may set the hours for operation utilizing evening, weekend and holiday hours if desired; the Contractor shall not be compensated any additional fees for utilizing these types of hours. Any delivery services performed during other than normal work hours must be approved in advance by the COTR and be performed at no additional charge to the Government. Each facility will specify its delivery hours and complete address.

B. Holidays:

The Contractor is not required to provide delivery services on the following National Holidays nor shall the Contractor be paid for these holidays:

When a National Holiday falls on a Sunday, the following Monday shall be observed as a National Holiday. When a National Holiday falls on a Saturday, the proceeding Friday is observed as a National Holiday, by U.S. Government agencies. Also included, would be any other day, specifically declared by the President of the United States of America to be a National Holiday.

13. INVOICES

A. Invoices submitted for payment shall include the contract number, purchase/delivery order number, beneficiary’s name, serial and lot numbers recorded for major components (i.e. prosthetic feet, prosthetic knee units, prosthetic hip units, prosthetic terminal devices, prosthetic wrist units, prosthetic elbow units, prosthetic shoulder units) and detail of work accomplished. All HCPC’s reflected in the billing to include discount pricing reflected per HCPCS (discount incorporated into pricing and reflected as charged per HCPCS).

B. The mandatory and only method of payment will be the Government Purchase Card and the Contractor must be capable of accepting it for payment. The Contractor must be able to process at Level II using the appropriate field for the obligation number. If this involves additional machinery or computers, this will be at the Contractors expense. No advance payments shall be authorized. No charge shall be made until the prostheses or orthosis is delivered to the Veteran and he/she has signed and dated a delivery acceptance form provided by the Contractor. Each invoice must be submitted to the Healthcare Facility Prosthetic and Sensory Aids Service (PSAS) within ten (10) days of prostheses or orthosis delivery to the Veteran beneficiary. Payment of invoices may be delayed if the appropriate invoices as specified in the contract are not completed and submitted as required.

14. CONTRACT ADMINISTRATION

The contracting officer is the only person authorized to approve changes or modify any of the requirements under this contract. The Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer is authorized to make commitments or issue changes, which will affect price, quantity, or quality of performance of this contract. In the event the Contractor effects any such change at the direction of any person other than the contracting officer, the change shall be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.

15. REQUIRED REGISTRATIONS

A. Required Registration with Contractor Performance Assessment Reporting System (CPARS):

As prescribed in Federal Acquisition Regulation (FAR) Part 42.15, the Department of Veterans Affairs (VA) evaluates Contractor past performance on all contracts that exceed $100,000, and shares those evaluations with other Federal Government contract specialists and procurement officials. The FAR requires that that the Contractor is provided an opportunity to comment on past performance evaluations prior to each report closing. To fulfill this requirement, VA uses an online database, the Contractor Performance System (CPARS), which is maintained by the National Institutes of Health (NIH). The CPS database information is shared with the Past Performance Information Retrieval System (PPIRS) database, which is available to all Federal agencies.

You are required to register with the CPARS database at the following web address: https://cpars.gov

Further, your registered representative data, as well as any other information in your registration data, must be kept current. Performance evaluations entered into CPARS by the contracting officer will be assigned to the Contractors registered representative for comment. Failure to comment and reassign the report back to the contracting officer, or to maintain current registration, will result in the Government’s evaluation being entered in the database with a statement that you have failed to respond.

Help in registering can be obtained by contacting CPARS Support by calling (207) 438-1690.

B. System for Award Management (SAM):

Pursuant to FAR Clause 52.212-4, para (t), System for Award Management (SAM) after initial registration, the Contractor is required to update registration data as changes occur and must re-register annually to ensure all data remains current. Noncompliance with this requirement will be cause for termination of the contract at such time noncompliance is discovered. Refer to cited Clause for more details.

16. HEALTH INSURANCE PROTABILITY AND ACCOUNTABILITY ACT

Contractor shall take reasonable measures to ensure patient privacy and confidentiality. The Contractor agrees to take all reasonable precautions to safeguard patient information from unauthorized access or modification, in audio, electronic and hard-copy formats.

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

B.4 SCHEDULE OF SUPPLIES/SERVICES AND PRICES

PRICING SCHEDULE

The prices proposed shall not exceed the established Centers for Medicare and Medicaid Services (CMS) Healthcare Common Procedure Coding System (HCPCS) Durable Medical Equipment, Prosthetics, Orthotics, and Supplies (DMEPOS) fee schedules applicable to the geographic area. Please apply the best percentage discount that you offer against the CMS A- Code and the CMS L-Code fee schedule baseline.

The Government intends to award one or more Indefinite Delivery Indefinite Quantity (IDIQ) Firm Fixed price contract(s) with a five (5) year ordering period pursuant to this solicitation for commercial items. Any participating VA facilities may issue a task or delivery order from the contract(s) awarded under this solicitation

The guaranteed minimum award amount for this contract is $2,500.00. The maximum aggregate value of orders that can be placed under this contract is $70,000,000.00 Government does not guarantee that it will place any orders under this contract in excess of the guaranteed minimum award amount.

PERIOD OF PERFORMANCE

November 1, 2018 through October 31, 2023

CMS L-Code and CMS A-Code pricing are published by HCFA’s Common Procedure Coding System (HCPCS). The website for Pricing:

https://www.cms.gov/Medicare/Medicare-Fee-for-Service-Payment/DMEPOSFeeSched/DMEPOS-Fee-Schedule.html (DME, Orthotics and Prosthetics). The Codes are updated every year and are released in December, for the following year. Updates occasionally occur during the year. The pricing applicable to any individual order placed under this contract will be based upon the CMS L-Code or CMS A-Code in effect at the time the order is placed, less the discount specified in the Price Tables above.

Reimbursement for Items Not Otherwise Classified or Specified (NOC) Code:

Reimbursement for components that do not have well-defined codes and/or HCFA regulated fees will be paid 1.5 times the Contractors purchase invoice price from the manufacturer for the item, less any contract discounts.