36C26219R0028-001.pdf

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 123

36C26219R0028 08/26/2019

FLORA CEPONIS – Contract Specialist 5627662257 09-26-2019 at Noon PST

36C262

Department of Veterans Affairs

Network Contracting Office 22

4811 Airport Plaza Drive

Suite 600

Long Beach CA 90815

X 100

X

621399

$11.0 Million

N/A

Department of Veterans Affairs

Long Beach Healthcare System

5901 East Seventh Street

Long Beach CA 90822

36C262

Department of Veterans Affairs

Long Beach Healthcare System

5901 E 7th St.

Long Beach CA 90822

Financial Services Center

P.O. Box 149971

Austin TX 78714-9971

See CONTINUATION Page

The Department of Veterans Affairs Long Beach Healthcare

System requires onsite Radiation Oncology Physicist, Dosimetry and Radiation Therapy Technologist Support Services.

Proposed Period of Performance: 12-month base and four (4)

12-month option periods.

Please see Price Schedule on pages 5-13

Please see Performance Work Statement on pages 14-54

See CONTINUATION Page x 1

Alice McGruder

Contracting Officer

36C26219R0028

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B2. SCHEDULE OF SERVICES

B3. PERFORMANCE WORK STATEMENT (PWS)

SECTION C - CONTRACT CLAUSES

C.1 FAR 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL

C.2 FAR 52.207-3 RIGHT OF FIRST REFUSAL OF EMPLOYMENT (MAY 2006)

C.3 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT

2018)

C.4 FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2019)

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

C.6 FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ... 65

C.7 FAR 52.227-14 – RIGHTS IN DATA – GENERAL (MAY 2014)

C.8 FAR 52.237-3 – CONTINUITY OF SERVICES (JAN 1991)

C.9 FAR 52.245-1 – GOVERNMENT PROPERTY (JAN 2017)

C.10 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.11 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (DEC 2009)

C.12 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

C.13 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND

COMPLIANCE (JUL 2018)

C.14 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.15 VAAR 852.237-7 INDEMNIFICATION AND MEDICAL LIABILITY INSURANCE

(JAN 2008)

C.16 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)

C.17 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.18 MANDATORY WRITTEN DISCLOSURES

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 Quality Assurance Surveillance Plan (QASP)

D.2 CONTRACTOR CERTIFICATION - IMMIGRATION AND NATIONALITY ACT

D.3 ORGANIZATIONAL CONFLICT OF INTEREST

D.4 PAST PERFORMANCE QUESTIONNAIRE

SECTION E - SOLICITATION PROVISIONS

E.1 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.2 52.216-1 TYPE OF CONTRACT (APR 1984)

E.3 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.4 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-

OWNED SMALL BUSINESS EVALUATION FACTORS (JUL 2016) (DEVIATION)

E.5 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

(OCT 2018)

E.6 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E8. FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERICAL ITEMS (OCT 2018)

ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

ITEMS

E.9 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

E.10 FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS (OCT 2018)

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:

Network Contracting Office 22

Contracting Officer – Alice McGruder

Alice.McGruder@va.gov

562-766-2238

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:

[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

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

Financial Services Center

P.O. 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

mailto:Alice.McGruder@va.gov

B2. SCHEDULE OF SERVICES

The Contractor shall furnish all personnel to provide services necessary to perform onsite

Radiation Oncology Physics, Dosimetry and Radiation Therapy Technologist Support Services to eligible beneficiaries of the Department of Veterans Affairs Long Beach Healthcare System

(hereinafter referred to as VALBHS).

All VA Radiation Oncology Services are accredited by American College of Radiology (ACR) and follow the standards & guidelines set forth by ACR. As such any Contractor providing on-site radiation oncology services must adhere to all the American College of Radiology

Guidelines & Technical Standards for Radiation Oncology (see following links):

i. http://www.acr.org/Quality-Safety/Standards-Guidelines/Practice-Guidelines-by-

Modality/Radiation-Oncology

ii. http://www.acr.org/Quality-Safety/Appropriateness-Criteria/New-and-Revised

iii. http://www.acr.org/Quality-Safety/Standards-Guidelines/Technical-Standards-by-

Modality/Medical-Physics

Pricing Instructions:

The offeror is instructed to edit the number of sub-CLINS to correspond with the number of candidates submitted for the contract line item number (CLIN). Affiliate Offerors shall include the “title” of the personnel submitted. Other commercial health care Offerors shall identify by title/position or level of experience the candidates submitted. Also, renumber SUB-CLINs if adding or removing Key Personnel.

The Contractor shall propose a minimum of two (2) key personals per position, the 1st key personnel will be the primary FTEE and the 2nd will be the alternative FTE, to be credentialed and be available for scheduling to meet the requirements of the contract.

Place of Performance: Services shall be provided on site in Radiation Oncology Service, VA

Long Beach Healthcare System located at 5901 East Seventh Street, Long Beach, CA 90822

Period of Performance: Base: TBD – 12 Month POP

CLIN

No.

SUB-

Description Qty. Unit Unit Cost Total

Annual Cost

0001 None Board Certified Chief Therapeutic

Medical Physicist PH.D Level 2080 Hours

DO NOT

PRICE

DO NOT

PRICE

CANDIDATES

None 0001a

Board Certified Chief Therapeutic

Medical Physicist PH. D Level

Name: ____________

Title/Level of Experience:

***PRIMARY FTEE***

http://www.acr.org/Quality-Safety/Standards-Guidelines/Practice-Guidelines-by-Modality/Radiation-Oncology http://www.acr.org/Quality-Safety/Standards-Guidelines/Practice-Guidelines-by-Modality/Radiation-Oncology http://www.acr.org/Quality-Safety/Appropriateness-Criteria/New-and-Revised http://www.acr.org/Quality-Safety/Standards-Guidelines/Technical-Standards-by-Modality/Medical-Physics http://www.acr.org/Quality-Safety/Standards-Guidelines/Technical-Standards-by-Modality/Medical-Physics

None 0001b

Board Certified Chief Therapeutic

Medical Physicist PH. D Level

Name: ____________

Title/Level of Experience:

***ALTERNATE FTEE***

CLIN 0001 TOTAL 2080 Hours $___________________

No.

Annual Cost

0002 None Board Certified Medical Physicist

MS Level 2080 Hours

DO NOT

PRICE

DO NOT

PRICE

CANDIDATES

None 0002a

Board Certified Medical Physicist

MS Level Name: ____________

Title/Level of Experience:

None 0002b

Board Certified Medical Physicist

MS Level Name: ____________

Title/Level of Experience:

CLIN 0002 TOTAL 2080 Hours $___________________

Annual Cost

0003 None Board Certified Medical

Dosimetrist 4160 Hours

DO NOT

PRICE

DO NOT

PRICE

CANDIDATES

None 0003a

Board Certified Medical

Dosimetrist

Title/Level of Experience:

***PRIMARY FTEES***

None 0003b

Board Certified Medical

Dosimetrist

Title/Level of Experience:

***ALTERNATE FTEES***

CLIN 0003 TOTAL 4160 Hours $___________________

Annual Cost

0004 None Radiation Therapy Technologist 8320 Hours

DO NOT

PRICE

DO NOT

PRICE

CANDIDATES

None 0004a

Radiation Therapy Technologist

Title/Level of Experience:

None 0004b

Radiation Therapy Technologist

Title/Level of Experience:

CLIN 0003 TOTAL 8320 Hours $___________________

TOTAL COST BASE YEAR: ________________________

Period of Performance: Option Year 1: TBD – 12 Month POP

No.

Annual Cost

0001 None Board Certified Chief Therapeutic

Medical Physicist PH.D Level 2080 Hours

DO NOT

PRICE

DO NOT

PRICE

CANDIDATES

None 0001a

Board Certified Chief Therapeutic

Medical Physicist PH. D Level

Name: ____________

Title/Level of Experience:

None 0001b

Board Certified Chief Therapeutic

Medical Physicist PH. D Level

Name: ____________

Title/Level of Experience:

Annual Cost

0002 None Board Certified Medical Physicist

MS Level 2080 Hours

DO NOT

PRICE

DO NOT

PRICE

CANDIDATES

None 0002a

Board Certified Medical Physicist

MS Level Name: ____________

Title/Level of Experience:

None 0002b

Board Certified Medical Physicist

MS Level Name: ____________

Title/Level of Experience:

Annual Cost

0003 None Board Certified Medical

Dosimetrist 4160 Hours

DO NOT

PRICE

DO NOT

PRICE

CANDIDATES

None 0003a

Board Certified Medical

Dosimetrist

Title/Level of Experience:

Dosimetrist

Title/Level of Experience:

Annual Cost

0004 None Radiation Therapy Technologist 8320 Hours

DO NOT

PRICE

DO NOT

PRICE

CANDIDATES

None 0004a

Radiation Therapy Technologist

Title/Level of Experience:

Title/Level of Experience:

TOTAL COST OPTION YEAR 1: ________________________

Period of Performance: Option Year 2: TBD – 12 Month POP

No.

Annual Cost

0001 None Board Certified Chief Therapeutic

Medical Physicist PH.D Level 2080 Hours

DO NOT

PRICE

DO NOT

PRICE

CANDIDATES

None 0001a

Board Certified Chief Therapeutic

Medical Physicist PH. D Level

Name: ____________

Title/Level of Experience:

Medical Physicist PH.D Level

Name: ____________

Title/Level of Experience:

Annual Cost

0002 None Board Certified Medical Physicist

MS Level 2080 Hours

DO NOT

PRICE

DO NOT

PRICE

CANDIDATES

None 0002a

Board Certified Medical Physicist

MS Level Name: ____________

Title/Level of Experience:

MS Level Name: ____________

Title/Level of Experience:

Annual Cost

0003 None Board Certified Medical

Dosimetrist 4160 Hours

DO NOT

PRICE

DO NOT

PRICE

CANDIDATES

None 0003a

Board Certified Medical

Dosimetrist

Title/Level of Experience:

None 0003b

Board Certified Medical

Dosimetrist

Title/Level of Experience:

Annual Cost

0004 None Radiation Therapy Technologist 8320 Hours

DO NOT

PRICE

DO NOT

PRICE

CANDIDATES

None 0004a

Radiation Therapy Technologist

Title/Level of Experience:

Title/Level of Experience:

TOTAL COST OPTION YEAR 2: ________________________

Period of Performance: Option Year 3: TBD – 12 Month POP

No.

Annual Cost

0001 None Board Certified Chief Therapeutic

Medical Physicist PH. D Level 2080 Hours

DO NOT

PRICE

DO NOT

PRICE

CANDIDATES

None 0001a

Board Certified Chief Therapeutic

Medical Physicist PH. D Level

Name: ____________

Title/Level of Experience:

Medical Physicist PH. D Level

Name: ____________

Title/Level of Experience:

Annual Cost

0002 None Board Certified Medical Physicist

MS Level 2080 Hours

DO NOT

PRICE

DO NOT

PRICE

CANDIDATES

None 0002a

Board Certified Medical Physicist

MS Level Name: ____________

Title/Level of Experience:

MS Level Name: ____________

Title/Level of Experience:

Annual Cost

0003 None Board Certified Medical

Dosimetrist 4160 Hours

DO NOT

PRICE

DO NOT

PRICE

CANDIDATES

None 0003a

Board Certified Medical

Dosimetrist

Title/Level of Experience:

Dosimetrist

Title/Level of Experience:

Annual Cost

0004 None Radiation Therapy Technologist 8320 Hours

DO NOT

PRICE

DO NOT

PRICE

CANDIDATES

None 0004a

Radiation Therapy Technologist

Title/Level of Experience:

Title/Level of Experience:

TOTAL COST OPTION YEAR 3: ________________________

Period of Performance: Option Year 4: TBD – 12 Month POP

No.

Annual Cost

0001 None Board Certified Chief Therapeutic

Medical Physicist PH. D Level 2080 Hours

DO NOT

PRICE

DO NOT

PRICE

CANDIDATES

None 0001a

Board Certified Chief Therapeutic

Medical Physicist PH. D Level

Name: ____________

Title/Level of Experience:

Medical Physicist PH. D Level

Name: ____________

Title/Level of Experience:

Annual Cost

0002 None Board Certified Medical Physicist

MS Level 2080 Hours

DO NOT

PRICE

DO NOT

PRICE

CANDIDATES

None 0002a

Board Certified Medical Physicist

MS Level Name: ____________

Title/Level of Experience:

MS Level Name: ____________

Title/Level of Experience:

Annual Cost

0003 None Board Certified Medical

Dosimetrist 4160 Hours

DO NOT

PRICE

DO NOT

PRICE

CANDIDATES

None 0003a

Board Certified Medical

Dosimetrist

Title/Level of Experience:

Dosimetrist

Title/Level of Experience:

Annual Cost

0004 None Radiation Therapy Technologist 8320 Hours

DO NOT

PRICE

DO NOT

PRICE

CANDIDATES

None 0004a

Radiation Therapy Technologist

Title/Level of Experience:

Title/Level of Experience:

TOTAL COST OPTION YEAR 4: ________________________

Total Contract Price: ________________________

B3. PERFORMANCE WORK STATEMENT (PWS)

ONSITE RADIATION/ONCOLOGY PHYSICS AND SUPPORT SERVICES

1. GENERAL:

1.1. SERVICES REQUIRED: The VA Radiation Oncology Services are accredited by ACR and follow the standards & guidelines set forth by American College of Radiology (ACR).

As such, any Contractor providing on-site radiation oncology services must adhere to all the

American College of Radiology Guidelines & Technical Standards for Radiation Oncology:

A contractor providing on-site radiation oncology services must provide evidence the radiation oncology practice meets or exceeds the American College of Radiology Guidelines for Radiation Oncology.

• http://www.acr.org/Quality-Safety/Standards-Guidelines/Practice-Guidelines-by-

Modality/Radiation-Oncology

• http://www.acr.org/Quality-Safety/Appropriateness-Criteria/New-and-Revised

• http://www.acr.org/Quality-Safety/Standards-Guidelines/Technical-Standards-by-

1.2. PLACE OF PERFORMANCE: Radiation Oncology Department, VA Long Beach

Healthcare System, 5901 East Seventh Street, Long Beach, CA 90822

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

1.4. POLICY/HANDBOOKS:

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

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

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

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

1.4.5. VHA Handbook 1100.19 Credentialing and Privileging -

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

1.4.6. VHA Directive 2012-030 Credentialing of Health Care Professionals – http://vaww.va.gov/vhapublications/ViewPublication.asp?pub_ID=2815

1.4.7. VHA Handbook 1907.01 Health Information Management and Health Records:

https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=3088

1.4.8. Privacy Act of 1974 (5 U.S.C. 552a) as amended

http://www.justice.gov/oip/foia_updates/Vol_XVII_4/page2.htm

1.4.9. Management of Breaches Involving Sensitive Personal Information http://www.va.gov/vapubs/viewPublication.asp?Pub_ID=843&FType=2

1.4.10. VHA Directive 2010-018 “Facility Infrastructure”

https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=2227 http://www.acr.org/Quality-Safety/Standards-Guidelines/Practice-Guidelines-by-Modality/Radiation-Oncology http://www.acr.org/Quality-Safety/Standards-Guidelines/Practice-Guidelines-by-Modality/Radiation-Oncology http://www.acr.org/Quality-Safety/Appropriateness-Criteria/New-and-Revised http://www.acr.org/Quality-Safety/Standards-Guidelines/Technical-Standards-by-Modality/Medical-Physics http://www.acr.org/Quality-Safety/Standards-Guidelines/Technical-Standards-by-Modality/Medical-Physics https://www1.va.gov/vapubs/viewPublication.asp?Pub_ID=969&FType=2 https://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=1443 http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=2135 http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=1364 http://vaww.va.gov/vhapublications/ViewPublication.asp?pub_ID=2815 http://www.justice.gov/oip/foia_updates/Vol_XVII_4/page2.htm http://www.va.gov/vapubs/viewPublication.asp?Pub_ID=843&FType=2 https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=2227

1.4.11. VHA Directive 1192 “Seasonal Influenza Prevention Program” https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=5472

1.5. DEFINITIONS/ACRONYMS:

1.5.1. AAPM: American Association of Physics in Medicine

1.5.2. ACGME: Accreditation Council for Graduate Medical Education

1.5.3. ABR: American Board of Radiology

1.5.4. ACR: American College of Radiology (www.acr.org)

1.5.5. ACO: Administrative Contracting Officer

1.5.6. AOA: American Osteopathic Association

1.5.7. BAA: Business Associate Agreement

1.5.8. CAMPEP: Commission on Accreditation of Medical Physics Educational

Programs (http://www.campep.org/default.asp)

1.5.9. CDC: Centers for Disease Control and Prevention

1.5.10. CEU: Certified Education Unit

1.5.11. CME: Continuing Medical Education

1.5.12. CMS: Centers for Medicare and Medicaid Services

1.5.13. CO: Contracting Officer

1.5.14. COR: Contracting Officer’s Representative

1.5.15. COS: Chief of Staff

1.5.16. CPARS: Contractor Performance Assessment Reporting System

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

1.5.18. FSMB: Federation of State Medical Boards

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

1.5.20. HHS: Department of Health and Human Services

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

1.5.22. HIPAA: Health Insurance Portability and Accountability Act

1.5.23. IGRT: Image Guided Radiation Therapy is the process of frequent two and three-dimensional imaging, during a course of radiation treatment, used to direct radiation therapy utilizing the imaging coordinates of the actual radiation treatment plan.

1.5.24. IMRT: Intensity Modulated Radiation Therapy is the process of delivering highly conformal radiotherapy to the tumor while sparing the surrounding normal tissues by varying radiation intensity across treatment portals.

1.5.25. ISO: Information Security Officer

1.5.26. JRCERT: Joint Review Committee on Education in Radiologic Technology

1.5.27. MU: Monitor Unit is a measure of machine output of a linear accelerator in radiation therapy.

1.5.28. NHPP: National Health Physics Program- NHPP provides regulatory oversight for the Nuclear Regulatory Commission master materials license issued to VHA to include permitting for use of materials, on-site inspections, and investigations of allegations, medical events, and incidents. In addition, we provide oversight for machine sources of ionizing radiation used for radiation therapy. Finally, we http://www.acr.org/ http://www.campep.org/default.asp provide assistance and technical information for uses of ionizing radiation for healthcare diagnosis and treatment and non-human biomedical research.

(http://www.patientcare.va.gov/NHPP.asp)

1.5.29. NROP: National Radiation Oncology Program

1.5.30. NRC: National Radiation Safety Committee

1.5.31. POP: Period of Performance

1.5.32. PPD: Purified Protein Derivative

1.5.33. PWS: Performance Work Statement

1.5.34. QA/QI: Quality Assurance/Quality Improvement

1.5.35. QM/PI: Quality Management/Performance Improvement

1.5.36. QASP: Quality Assurance Surveillance Plan

1.5.37. QMP: Quality Management Program

1.5.38. RPC: Radiological Physics Center

1.5.39. SBRT: Stereotactic Body Radiation Therapy: an external beam radiation therapy method used to very precisely deliver a high dose of radiation to an extracranial target within the body, using either a single dose or a small number of fractions

1.5.40. SPE: Senior Procurement Executive

1.5.41. SRS: Stereotactic Radio Surgery: a minimally invasive form of surgical intervention which makes use of a three-dimensional coordinated system to locate small targets inside the body and to perform on them some action such as ablation, biopsy, lesion, injection, stimulation, implantation, radiosurgery (SRS) etc.

1.5.42. SRT: Stereotactic Radio Therapy

1.5.43. TJC: The Joint Commission

1.5.44. TLD: Thermoluminescent Dosimeter- a device that measures radiation dose

1.5.45. VA: Department of Veterans Affairs

1.5.46. VAMC: Veterans Affairs Medical Center

1.5.47. VetPro: a federal web-based credentialing program for healthcare providers.

1.5.48. VHA: Veterans Health Administration

2. QUALIFICATIONS:

2.1. Staff and Facility:

2.1.1. License – The Contractor’s physician (s) assigned by the Contractor to perform the services covered by this contract shall have a current license to practice medicine in any State, Territory, or Commonwealth of the United States or the District of

Columbia) when services are performed onsite on VA property.

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

2.1.2. Board Certification: All contractors’ personnel shall be Board Certified. All continuing education courses required for maintaining certification shall be up to date. Documentation verifying current certification shall be provided by the

Contractor to the VA COR on an annual basis for each year of contract performance.

http://www.patientcare.va.gov/NHPP.asp

2.1.2.1.Medical Physicists shall be Board Certified in Medical Physics or

Therapeutic Medical Physics by the ABR and shall maintain licensure with the Board of Licensure for Professional Medical Physicists, if applicable. Certification shall be maintained throughout the contract POP.

If Contractor’s medical physicist(s) is/are not directly employed by the treating facility, documentation shall be provided to ensure adequate certification.

2.1.2.1.1. Medical Physicist(s) shall be board certified by one of the following Approved Certifying Bodies and within the one of the field titles of that Approved Certifying Bodies:

• The American Board of Radiology (ABR) in any of the following field titles:

• Therapeutic Medical Physics

• Therapeutic Radiologic or Therapeutic Radiological Physics

• Radiologic Physics or Radiological Physics

• The American Board of Medical Physics (ABMP) in the subfield of Radiation Oncology Physics.

• The Canadian College of Physicists in Medicine (CCPM) in the subfield of Radiation Oncology Physics.

2.1.2.2.Medical Dosimetrists shall be certified by the Medical Dosimetrist

Certification Board (MDCB). Additionally, it is preferred, but not required that the CMD be certified by the American Registry of

Radiologic Technology (ARRT) in therapeutic radiologic technology.

All certifications must be current and in good standings. If the

Contractor’s Dosimetrist(s) is/are not directly employed by the treating facility, documentation must be provided to ensure adequate certification.

2.1.2.3. Certified Radiation Therapy Technologists shall be a graduate of an approved program in therapeutic radiologic technology, evidenced by a certificate or an associate’s degree from an accredited by the Joint

Review Committee on Education in Radiologic Technology

(JRCERT) and certification by the American Registry of Radiologic

Technologists (ARRT).

2.1.3. Credentialing and Privileging –Credentialing and privileging is to be done in accordance with the provisions of VHA Handbook 1100.19 referenced above. The

Contractor is responsible to ensure that proposed physician(s) possesses the requisite credentials enabling the granting of privileges. No services shall be provided by any contractor’s physician (s) prior to obtaining approval by the

VALBHS Professional Standards Board, Medical Executive Board and Medical

Center Director.

2.1.3.1.If a contractor’s physician (s) and/or other contract provider (s) are not credentialed and privileged or has credentials/privileges suspended or revoked, the Contractor shall furnish an acceptable substitute without any additional cost to the government.

2.1.3.2.Credentialing of Health Care Professionals other than physicians. In accordance with VHA Directive 2012-030, all health care professional who claim licensure, certification, or registration, as applicable to the position (this applies to all who are appointed or utilized on a full-time, part-time, intermittent, consultant , without compensation, on-station fee-basis, on-station contract, or on-station sharing agreement basis) and who are not currently credentialed in accordance with VHA Handbook 1100.19, must be credentialed in accordance with this directive. NOTE: The credentialing requirements are found in Attachment A of this Directive.

2.1.4. Technical Proficiency: Contractor’s personnel shall be technically proficient in the skills necessary to fulfill the government’s requirements, including the ability to speak, understand, read and write English fluently. Contractor shall provide documents to verify current and ongoing competency, skills, certification and/or licensure related to the provision of care, treatment and/or services performed.

Contract personnel shall have knowledge of professional care theories, principles, practices, and procedures to serve radiation oncology patient population.

Contractor’s personnel shall demonstrate knowledge of growth and development, and pathophysiology of disease processes specific radiation oncology patient population. Contractor shall provide verifiable evidence of all educational and training experiences including any gaps in educational history for all contractor’s

TMP, CMD and RTTs shall be responsible for abiding by the Facility's Medical

Staff By-Laws, rules, and regulations (referenced herein) that govern medical staff behavior.

2.1.4.1.Education: Contractor’s personnel shall meet or exceed the following minimum education requirements:

2.1.4.1.1. Board Certified Chief Therapeutic Medical Physicist PH.D

Level: Shall have a Doctorate (PhD) degree in physics, science, or engineering discipline recognize by an accredited college or university with at least 30 semester hours in medical physics, health physics, radiological science, physics, engineering, chemistry, or biology; or an equivalent foreign degree and coursework substantiated by the National Association of

Credential Evaluation Services.

2.1.4.1.2. Board Certified Medical Physicist MS Level: Shall have a

Master’s (M.S.) degree or higher in physics, science, or engineering discipline recognize by an accredited college or university with at least 30 semester hours in medical physics, health physics, radiological science, physics, engineering, chemistry, or biology; or an equivalent foreign degree and coursework substantiated by the National Association of

Credential Evaluation Services.

2.1.4.2.Experience and Qualifications: Contractor’s personnel shall meet or exceeds the following minimum years of experience for post-board certification; and shall also have the minimum years of experience, expertise, and knowledge on the following specific procedures, equipment and software. Furthermore, the VA adheres to ACR guidelines, as such;

candidates should have working experience in an ACR certified hospital.

2.1.4.2.1. Board Certified Chief Therapeutic Medical Physicist–Ph.D

Level: Shall have at least five (5) years of documented post-board experience after board certification and at least three (3) years of continuous work experience within the last five (5) years to ensure the TMP’s experience is current and relevant.

PH.D Level TMP shall also have the following minimum years of experience, expertise, and knowledge on the following procedures, equipment and software:

• Five (5) years of experience – Documentation detailing experience in performing QA procedures.

• Three (3) years of experience – Documentation detailing

Therapeutic Medical Physics in a healthcare system that is

ACR certified.

• Three (3) years of experience - Varian Linear Accelerators:

IX and Trilogy with Brain Lab Accessories following standards of TG-142

• Three (3) years of experience - Image Guided Radiation

Therapy (IGRT) including Cone Beam CT (following standards of TG-142).

• Three (3) year of experience - Eclipse treatment planning system; and ARIA record & verify system, including the following treatment modalities: 2D/3D Conformal, SRS, SRT, SBRT, and IMRT/VMAT (following standards of TG-

53)

• Three (3) years of experience - IMRT QA: MapCheck I/II

(or equivalent)

• Three (3) years of experience - Toshiba CT Simulator (or equivalent) and following standards of TG-66

• Three (3) year of experience - Using Superficial X-ray

Machine

• Successfully perform one (1) acceptance testing (i.e., work with vendor to ensure proper working condition during installation) on a linear accelerator.

• Successfully perform one (1) commission of (i.e., gathered necessary measurements or data) a linear accelerator for a treatment planning system.

2.1.4.2.2. Board Certified Medical Physicist – MS Level: Candidate can either be Master’s Level or PhD. Shall be Board Eligible with at least two years of continuous working experience within the last three years to ensure TMP’s experience is current and relevant. MS Level TMP shall also have the following minimum years of experience, expertise, and knowledge on the following procedures, equipment and software:

• Two (2) years of experience – Documentation detailing experience in performing QA procedures.

• One (1) year of experience – Documentation detailing

Therapeutic Medical Physics in a healthcare system that is

ACR certified.

• One (1) year of experience - Varian Linear Accelerators: IX and Trilogy with Brain Lab Accessories following standards of TG-142

• One (1) year of experience - Image Guided Radiation

Therapy (IGRT) including Cone Beam CT (following standards of TG-142).

• One (1) year of experience - Eclipse treatment planning system; and ARIA record & verify system, including the following treatment modalities: 2D/3D Conformal, SRS, SRT, SBRT, and IMRT/VMAT (following standards of TG-

53)

• One (1) years of experience - IMRT QA: MapCheck I/II (or equivalent)

• One (1) year of experience - Toshiba CT Simulator (or equivalent) and following standards of TG-66

• One (1) year of experience - Using Superficial X-ray

Machine

2.1.4.2.3. CMD: Shall be Board Certified with at least two years of continuous work experience within the last three years to ensure the CMD’s experience is current and relevant. CMD shall also have the following minimum years of experience, expertise and knowledge on the following procedures, equipment and software:

• Two (2) years of experience: Documentation detailing experience in performing QA procedures.

• One (1) year of experience – Documentation detailing CMD experience in a healthcare system that is ACR certified.

• One (1) year of experience - Varian Linear Accelerators:

Novalis TX with Brain Lab and ExacTrac; True Beam with

Rapid Arc (or equivalent)

• One (1) years of experience - Image Guided Radiation

Therapy (IGRT) including Cone Beam CT (following standards of TG-142).

• One (1) year of experience - Eclipse treatment planning system; and ARIA record & verify system, including the following treatment modalities: SRS, SRT, SBRT, and

IMRT (following standards of TG-53)

• One (1) year of experience – MapCheck and ArcCheck (or equivalent)

• One (1) year of experience - Toshiba CT Simulator (or equivalent)

2.1.2.2.4 RTT: Shall be graduate of an approved program in Therapeutic

Radiologic Technology, evidence by a certificate or an associate’s degree from an accredited institution by the JRCERT and certification by the

ARRT. The qualifications of such personnel shall be subject to review by the VA Chief of Staff and approval by the VA Facility Director.

Competency requirements are defined as fully successful while operating the equipment and generating documentation at the VA Long Beach

Healthcare System.

• One (1) year of experience – Knowledge of overall characteristics and clinical relevance of radiation oncology treatment machines and equipment.

• One (1) year of experience –Delivery of prescribed therapeutic radiation for the purposes of cancer and abnormal cell growth treatments.

• One (1) year of experience –in 3-dimensional conformal radiation therapy (3D-CRT), Intensity-Modulated radiation therapy (IMRT), Image-guided radiation therapy (IGRT)

• One (1) year of experience – Education and expertise necessary to generate radiation dose distribution and dose calculations in collaboration with the medial physicist and radiation oncologist.

2.1.5. Continuing CME/CEU Requirements: Contractor shall provide the COR copies of current CMEs as required or requested by the VAMC. Contractors registered or certified by national/medical associations shall continue to meet the minimum standards for CME to remain current. CME hours shall be reported to the credential’s office for tracking. These documents are required for initial and renewal privileging. Failure to provide shall result in loss of privileges.

2.1.6. Training (ACLS, BLS, CPRS and VA MANDATORY): Contractor’s provider

(s) shall meet all VA educational requirements and mandatory course requirements defined herein; all training must be completed by the contract provider (s) as required by the VA. List all training, associated time and frequency. https://www.tms.va.gov/learning/user/login.jsp

List all training required, frequency and associated time Training (The following training is mandatory per

VHACO for Contracted Physicians)

Frequency (once a year, etc)

Active Threat Training Required – annual

Blood Administration: Complications Not Required

Blood Administration: Administration (all contract employees who administer blood components)

Not Required

Government Ethics Required – annual

Hospice and Pallative Care for VA Clinicians Not Required

Military Sexual Trauma (MST) for Medical

Providers

Not Required

Moderate Sedation In-Service Training Not Required

Prevention of Workplace Harassment/No Fear Act Required – annual

VHA MRI Safety Training Level 1 Training (all who enter MRI suites)

Not Required

VA Core Values Training (ICARE Recommitment) Required – annual https://www.tms.va.gov/learning/user/login.jsp

VA Privacy and Information Security Awareness and Rules of Behavior

Required – annual

VHA Privacy and HIPAA Focused Training Required – annual

ACLS/BLS Not Required

Patient Safety Required – annual

Patient Rights Required – annual

Patient Abuse Required – annual

Prevention/Management of Disruptive

Behavior/Violence Prevention Level I

Not Required

Suicide Prevention: Suicide Risk Management

Training for Clinicians

Not Required

SUX Infection Control and Blood Borne Pathogens Required – annual

CPRS Not Required

VISTA Imaging Not Required

Radiation Safety Required – Annual

2.1.7. Standard Personnel Testing/Infection Control: Contractor shall provide proof that all required infection control testing is current and that the contractor is compliant with OSHA regulations concerning occupational exposure to blood borne pathogens. Contractor shall provide proof of the following tests for their staff within five (5) calendar days after contract award and prior to the first duty shift to the COR and Contracting Officer. Tests shall be current within the past year.

2.1.7.1.TUBERCULOSIS TESTING: Contractor shall provide proof of a negative reaction to PPD testing for all Contractor staff. A negative chest radiographic report for active tuberculosis shall be provided in cases of positive PPD results. The PPD test shall be repeated annually.

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

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

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

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

2.1.7.6.RUBELLA TESTING: Contractor shall provide proof of immunization for all Contractor staff for measles, mumps, rubella or a rubella titer of 1.8 or greater. If the titer is less than 1.8, a rubella immunization shall be administered with follow-up documentation to the COR.

2.1.7.7.OSHA REGULATION CONCERNING OCCUPATIONAL

EXPOSURE TO BLOODBORNE PATHOGENS: Contractors shall provide generic self-study training for all Contractor staff; 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.

2.1.7.8.The VAMC shall notify the Contractor of any significant communicable disease exposures as appropriate. Contractors shall adhere to current

CDC/HICPAC Guideline for Infection Control in health care personnel ( as published in American Journal for Infection Control- AJIC 1998;

26:289-354 http://www.cdc.gov/hicpac/pdf/InfectControl98.pdf) for disease control. Contractors shall provide follow up documentation of clearance to return to the workplace prior to their return.

2.1.8. National Provider Identifier (NPI): Contractor’s physician (s) and other contract provider (s) who provide billable healthcare services to VA; VHA, shall obtain a

NPI as required by the Health Insurance Portability and Accountability Act

(HIPAA) National Provider Identifier Final Rule, administered by the CMS. This rule establishes assignment of a 10-digit numeric identifier for Contractor staff, intended to replace the many identifiers currently assigned by various health plans. Contractor’s physician (s) needs only one NPI, valid for all employers and health plans. Contractor’s physician (s) must also designate their

Specialties/Subspecialties by means of Taxonomy Codes on the NPI application.

The NPI may be obtained via a secure website at:

https://nppes.cms.hhs.gov/NPPES

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

Conflicts of Interest (Jan 2008) and fully outlined in response to the subject attachment, D.3 – ORG COI 852.209-70 – CMD N TMP in Section D of the solicitation document.

2.1.10. Citizenship related Requirements:

http://www.cdc.gov/hicpac/pdf/InfectControl98.pdf https://nppes.cms.hhs.gov/NPPES

2.1.10.1. The Contractor certifies that the Contractor shall comply with all legal provisions contained in the Immigration and Nationality Act of 1952, As

Amended; its related laws and regulations that are enforced by Homeland

Security, Immigration and Customs Enforcement and the U.S Department of Labor as these may relate to non-immigrant foreign nationals working under contract or subcontract for the Contractor while providing services to Department of Veterans Affairs patient referrals;

2.1.10.2. While performing services for the Department of Veterans Affairs, the

Contractor shall not knowingly employ, contract or subcontract with an illegal alien; foreign national non-immigrant who is in violation their status, as result of their failure to maintain or comply with the terms and conditions of their admission into the United States. Additionally, the

Contractor is required to comply with all “E-Verify” requirements consistent with “Executive Order 12989” and any related pertinent

Amendments, as well as applicable Federal Acquisition Regulations.

2.1.10.3. If the Contractor fails to comply with any requirements outlined in the preceding paragraphs or its Agency regulations, the Department of

Veterans Affairs may, at its discretion, require that the foreign national who failed to maintain their legal status in the United States or otherwise failed to comply with the requirements of the laws administered by

Homeland Security, Immigration and Customs Enforcement and the U.S

Department of Labor, shall be prohibited from working at the Contractor’s place of business that services Department of Veterans Affairs patient referrals; or other place where the Contractor provides services to veterans who have been referred by the Department of Veterans Affairs; and shall form the basis for termination of this contract for breach.

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

1001.

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

2.1.11. Annual Office of Inspector General (OIG) Statement: In accordance with

HIPAA and the Balanced Budget Act (BBA) of 1977, the Department of Health and Human Services (HHS) Office of Inspector General (OIG) has established a list of parties and entities excluded from Federal health care programs.

Specifically, the listed parties and entities may not receive Federal Health Care program payments due to fraud and/or abuse of the Medicare and Medicaid programs.

2.1.11.1. Therefore, Contractor shall review the HHS OIG List of Excluded

Individuals/Entities on the HHS OIG web site at http://oig.hhs.gov/exclusions/index.asp to ensure that the proposed contractor’s physician (s) is not listed. Contractor should note that any excluded individual or entity that submits a claim for reimbursement to a Federal health care program, or causes such a claim to be submitted, may be subject to a Civil

Monetary Penalty (CMP) for each item or service furnished during a period that the person was excluded and may also be subject to treble damages for the amount claimed for each item or service. CMP’s may also be imposed against the Contractor that employ or enter into contracts with excluded individuals to provide items or services to Federal program beneficiaries.

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

2.2. Clinical/Professional Performance: The qualifications of Contractor personnel are subject to review by VA Medical Center COS or his/her clinical designee and approval by the

Medical Center Director as provided in VHA Handbook 1100.19. Clinical/Professional performance monitoring and review of all clinical personnel covered by this contract for quality purposes will be provided by the VALBHS COS and/or the Chief of the Service or his 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.

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

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

2.5. Prohibition Against Self-Referral: Contractor’s physicians are prohibited from referring

VA patients to contractor’s or their own practice(s).

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

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

http://oig.hhs.gov/exclusions/index.asp

2.7.1. Workers’ compensation

2.7.2. Professional liability insurance

2.7.3. Health examinations

2.7.4. Income tax withholding, and

2.7.5. Social security payments.

2.8. Tort Liability: The Federal Tort Claims Act does not cover Contractor or other contract providers. When a Contractor or contractor’s providers have 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 other contract providers) action or non-action shall be the responsibility of the Contractor and/or insurance carrier.

2.9. Key Personnel:

Contractor shall provide the minimum number of qualified staff, to include a primary and alternate for each respective position, as is necessary to perform the services required under this contract, at the staffing level determined to be professionally acceptable by the VALBHS COS and in accordance with American College of

Radiology staffing guidelines.

2.9.1. The VA Full Time Equivalency (FTE): FTE is defined by the VA as a minimum of 80 hours every two weeks and does not include…