36C26220R0010-001.docx

36C26220R0010

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

36C26220R0010 12-18-2019 Timothy Wanamaker, Contract Specialist 562-766-2212 01-16-2020

4:00PM (PDT)

00262 Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815 X X 561320 $30 Million N/A X Department of Veterans Affairs Network Contracting Office 22 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

TO ALL INTERESTED OFFERORS:

Department of Veterans Affairs Financial Services Center P.O. Box 149971 http://www.tungsten-network.com/ Austin TX 78714-9971 877-353-9791 See CONTINUATION Page Please see the enclosed Schedule of Services for Electro-encephalographic (EEG) Technicians on pages 7-9.

THIS PROCUREMENT IS 100% SET-ASIDE FOR SERVICE-DISABLED

VETERAN-OWNED SMALL BUSINESS (SDVOSB) IAW PUBLIC LAW (PL)

109-461, 38 UNITED STATES CODE (USC), SECTION 8127.

See CONTINUATION Page X Don Weerasinghe Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

(Continuation from Standard Form 1449, block 18A.)

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

1.1. CONTRACTOR:

1.2. GOVERNMENT:

Contracting Officer (CO), 36C262, Don Weerasinghe Care of: Contract Specialist (CS), 36C262, Timothy Wanamaker timothy.wanamaker@va.gov or 562-766-2212 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 (IAW) Federal Acquisition Regulation (FAR):

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with Veteran Affairs Acquisition Regulation (VAAR) Clause 852.232-72 Electronic Submission of Payment Requests.

4.1. Billing:

4.1.1. Invoice requirements and supporting documentation: supporting documentation and invoice(s) must be submitted not later than the 20th workday of the month. Subsequent changes or corrections shall be submitted by separate invoice. In addition to information required for submission of a “proper” invoice in accordance with FAR 52.212-4(g), all invoices must include:

4.1.1.1. Contractor Tax Payer ID Number (TIN);

4.1.1.2. Contractor’s “Remit Address” information;

4.1.1.3. The VA Purchase Order (PO) number;

4.1.1.4. Contractor’s contact information: (Personal Name, Email, and Phone);

4.1.1.5. VA point of contact information: (Personal Name, Email, and Phone);

4.1.1.6. The Period of Performance dates (Beginning and Ending);

4.1.1.7. All discount information if applicable (Percent and Date Terms);

4.1.1.8. Contractor’s physician(s) (Name of Contractor’s employee);

4.1.1.9. Hourly Rate;

4.1.1.10. Quantity of hours worked;

4.1.1.11. Total price;

4.1.2. Vendor Electronic Invoice Submission Methods:

4.1.2.1. Invoices will be electronically submitted to the Tungsten website at: http://www.tungsten-network.com/

4.1.2.2. The VA-FSC pays all associated transaction fees for VA orders. During Implementation (technical set-up) Tungsten will confirm your Tax Payer ID Number with the VA-FSC. This process can take up to five (5) business days to complete; ensure a Contractor’s invoice is automatically routed to its Certifying Official for approval and payment. To successfully submit an invoice to VA-FSC, please review “How to Create an Invoice” within the “how-to” guides. All invoices submitted through Tungsten to the VA-FSC should mirror the current submission of invoice with the above-referenced items required. The Contractor should clarify and confirm additional requirements with its certifying official. The VA-FSC requires specific information in compliance with the Prompt Pay Act and Business Requirements.

4.1.2.3. For additional information, please contact:

Tungsten Support Phone: 1-877-489-6135 Website: http://www.tungsten-network.com/

Department of Veterans Affairs Financial Service Center Phone: 1-877-353-9791 Email: vafscched@va.gov

5. SECURE FAX: Please review VA Handbook 6500 that requires the following statement on all fax cover sheets be included: “This fax is intended only for the use of the person or office to which it is addressed and may contain information that is privileged, confidential, or protected by law. All others are hereby notified that the receipt of this fax does not waive any applicable privilege or exemption for disclosure and that any dissemination, distribution, or copying of this communication is prohibited. If you have received this fax in error, please notify this office immediately at the telephone number listed above.”

6. ACKNOWLEDGMENT OF AMENDMENTS: The Offeror acknowledges receipt of amendments to Solicitation: RFP 36C26220R0010, numbered and dated as follows:

36C26220R0010

Page 1 of Page 1 of

B.2 NOTIFICATION TO OFFERORS

1. Authority: Under the authority of 38 U.S.C. 8153 – Sharing of healthcare resources; Federal Acquisition Regulation (FAR) Part 12—Acquisition of Commercial Items, and; FAR Part 13—Simplified Acquisition Procedures, the VA Greater Los Angeles Healthcare System (VAGLAHS) requires a Contractor to provide Contract Electroencephalographic (EEG) Technician services for daily routine shift coverage and on-call coverage.

2. Offerors shall complete and return all information designated in the enclosed FAR clause 52.212-1, Instructions to Offerors – Commercial Items, paragraph b, and the addendum to 52.212-1, prior to the time specified in block 8 of standard form (SF) 1449 to be considered eligible for award. Offerors shall also respond to each evaluation factor listed in the enclosed FAR clause 52.212-2, Evaluation—Commercial Items. Failure to do so may preclude the Offeror from consideration for award.

3. TECHNICAL INQUIRES: Direct all technical inquiries via email to the Contract Specialist (CS), Timothy Wanamaker at timothy.wanamaker@va.gov not later than December 30th, 2019, 5:30 PM, Pacific Daylight Time (PDT). An amendment will be posted to https://beta.sam.gov/ to address any questions received on or about January 3rd, 2020, by 5:30 PM (PDT).

4. DUNS NUMBER: Provide the Dun and Bradstreet Number assigned to your business in the space provided below (refer to FAR Provision 52.212-1, Instructions to Offerors – Commercial Items)

5. This requirement is set-aside 100% for Service-Disabled, Veteran-Owned Small Businesses (SDVOSBs); only SDVOSBs verified in the VA’s Vendor Information Pages (VIP) site at https://vip.vetbiz.va.gov/ at the time of proposal submission will be considered for award.

6. Post-Award Conference. The Contract Awardee may participate in a post-award orientation conference to review the on-boarding process for candidates and other post-award management procedures if desired. The conference would include the Contracting Officer (CO), CS, Contracting Officer Representative (COR), and Contract Awardee.

B.3 SCHEDULE OF SERVICES AND PRICE

1. The Contract Awardee (herein Contractor) shall furnish all personnel to provide services necessary to perform Contract EEG Technician Services at the VAGLAHS Neurology Dept. Outpatient Clinic, Inpatient Service, Intensive Care Unit (ICU), Emergency Room (ER), and EMU (Epilepsy Monitoring Unit) located at 11301 Wilshire Blvd, Los Angeles, CA 90073.

2. PERIOD OF PERFORMANCE:

BASE PERIOD OF PERFORMANCE (POP): 02-01-2020 THROUGH 01-31-2021

Board-Certified/Qualified EEG Technician, Routine Services; All-inclusive Rate (Shift Coverage 8:00AM – 4:30PM).

Board-Certified/Qualified EEG Technician, On-Call/Standby Services (Available to be Called for Emergency Services at VAGLAHS Within One (1) Hour); All-inclusive Rate.

Board-Certified/Qualified EEG Technician, Call Back Services (Minimum of two (2) hours pay, even when the time spent back on the job is less than two (2) hours (2-hr. minimum); All-inclusive Rate.

OPTION YEAR ONE (1) POP: 02-01-2021 THROUGH 01-31-2022

Board-Certified/Qualified EEG Technician, Routine Services; All-inclusive Rate (Shift Coverage 8:00AM – 4:30PM).

Board-Certified/Qualified EEG Technician, On-Call/Standby Services (Available to be Called for Emergency Services at VAGLAHS Within One (1) Hour); All-inclusive Rate.

Board-Certified/Qualified EEG Technician, Call Back Services (Minimum of two (2) hours pay, even when the time spent back on the job is less than two (2) hours (2-hr. minimum); All-inclusive Rate.

OPTION YEAR TWO (2) POP: 02-01-2022 THROUGH 01-31-2023

Board-Certified/Qualified EEG Technician, Routine Services; All-inclusive Rate (Shift Coverage 8:00AM – 4:30PM).

Board-Certified/Qualified EEG Technician, On-Call/Standby Services (Available to be Called for Emergency Services at VAGLAHS Within One (1) Hour); All-inclusive Rate.

Board-Certified/Qualified EEG Technician, Call Back Services (Minimum of two (2) hours pay, even when the time spent back on the job is less than two (2) hours (2-hr. minimum); All-inclusive Rate.

OPTION YEAR THREE (3) POP: 02-01-2023 THROUGH 01-31-2024

Board-Certified/Qualified EEG Technician, Routine Services; All-inclusive Rate (Shift Coverage 8:00AM – 4:30PM).

Board-Certified/Qualified EEG Technician, On-Call/Standby Services (Available to be Called for Emergency Services at VAGLAHS Within One (1) Hour); All-inclusive Rate.

Board-Certified/Qualified EEG Technician, Call Back Services (Minimum of two (2) hours pay, even when the time spent back on the job is less than two (2) hours (2-hr. minimum); All-inclusive Rate.

OPTION YEAR FOUR (4) POP: 02-01-2024 THROUGH 01-31-2025

Board-Certified/Qualified EEG Technician, Routine Services; All-inclusive Rate (Shift Coverage 8:00AM – 4:30PM).

Board-Certified/Qualified EEG Technician, On-Call/Standby Services (Available to be Called for Emergency Services at VAGLAHS Within One (1) Hour); All-inclusive Rate.

Board-Certified/Qualified EEG Technician, Call Back Services (Minimum of two (2) hours pay, even when the time spent back on the job is less than two (2) hours (2-hr. minimum); All-inclusive Rate.

B.4 PERFORMANCE WORK STATEMENT (PWS)—CONTRACT ELECTROENCEPHALOGRAPHY (EEG) TECHNICIAN

1. DESCRIPTION OF SERVICES.

1.1. Background. The Department (Dept.) of Veteran Affairs (VA) seeks to establish a contract to provide Electroencephalography Technician (herein EEG Technician) services to the VA Greater Los Angeles Healthcare System (VAGLAHS), Neurology Dept. for routine services, on-call services, and call-back services. The Contractor shall provide a range of EEG Technician services typically seen in a civilian healthcare facility in accordance with the specifications and requirements contained herein.

1.1.1. Contract EEG technicians shall be able to operate electroencephalographs machines used to measure and record electrical activity of brain waves via electrodes secured to the Veteran-patient's scalp. Contract EEG technicians shall use these devices to administer tests called electroencephalograms (EEGs), which may then detect brain disorders or damage.

1.1.2. Contract EEG technicians shall use these tests to monitor Veteran-patients during sleep cycles. Contract EEG technicians shall also perform pre-test consultations and record the Veteran-patient's medical history. Contract EEG Technicians shall also explain test procedures to Veteran-patients to help assure and assuage a Veteran-patient before test procedures are conducted.

1.2. Place of Performance: Contractor shall provide services for the VAGLAHS, Neurology Dept. outpatient clinics, inpatient service, Intensive Care Unit (ICU), Emergency Room (ER), and EMU (Epilepsy Monitoring Unit) located at 11301 Wilshire Blvd, Los Angeles, CA 90073.

1.3. Authority: 38 U.S.C. 7409 – Contracts for scarce medical specialist services; 38 U.S.C. 8153 – Sharing of healthcare resources.

1.4. Policy/Handbooks: The Contractor shall be subject to the following policies, including any subsequent updates during the period of performance:

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 Directive 2010-018 “Facility Infrastructure”

www.va.gov/vhapublications/ViewPublication.asp?pub_ID=2227

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

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

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

2. QUALIFICATIONS. The Contractor shall offer qualified Contract EEG Technicians that meet or exceed the educational and experience requirements herein. The qualifications of such Contract EEG Technician personnel shall be subject to review by the VAGLAHS Director of EEG Labs or Designee of EEG Labs. Only Contract EEG Technicians approved by the VAGLAHS Director of EEG Labs or Designee shall be allowed to perform under the resultant Contract. Contract EEG technicians shall meet the following criteria:

2.1. Education:

2.1.1. High School Diploma or GED (General Equivalency Degree).

2.1.2. Completion of a 2-year course of study in EEG Technology and Clinical Neurophysiology.

2.1.3. American Board of Registration of Electroencephalographic and Evoked Potential Technologists (ABRET) Board-certified, or; have practiced as an EEG Technician for more than five (5) years and ABRET Board-eligible.

2.2. Certification/Licensure (Specialty/Subspecialty).

2.2.1. Contract EEG Technicians shall be Board-certified with ABRET, or; Contract EEG Technicians have practiced as an EEG Technician for more than five (5) years and are ABRET Board-qualified.

2.3. Experience and other Requirements:

2.3.1. Performed routine EEG’s for at least five (5) years if ABRET Board-eligible.

2.3.2. Experience of at least five (5) years in Long Term Monitoring and ICU readings if ABRET Board-eligible.

2.3.3. Completion of appropriate courses offered by the American Board of Registration of Electroencephalographic and Evoked Potential Technologists (ABRET) (preferred).

2.3.4. Knowledge and experience in using and operating commercially available biomedical computer equipment and software used for routine EEG's and long-term monitoring and intraoperative electrocardiograms.

2.3.5. Familiarity applying scalp electrodes according to the International 10.20 system using collodion paste or collodion saline solution.

2.3.6. U.S. Citizenship or be legally able to work in the U.S.

2.3.7. Current and valid TB (tuberculosis) Test.

2.3.8. Current Hepatitis B Immunization.

2.3.9. Valid CPR (Cardiopulmonary Resuscitation) Card.

2.4. Technical Proficiency. Contract EEG Technicians 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. The Contractor shall provide documents upon request of the CO/COR to verify current and ongoing competency, skills, certification and/or licensure related to the provision of care, treatment and/or services performed. The Contractor shall provide verifiable evidence of all educational and training experiences including any gaps in educational history for all Contract EEG Technicians and the Contractor’s EEG Technicians shall be responsible for abiding by the VAGLAHS Facility's Medical Staff By-Laws, rules, and regulations (referenced herein) that govern medical staff behavior.

2.5. Training (ACLS, BLS, CPRS and VA-MANDATORY): The Contractor shall meet all VA educational requirements and mandatory course requirements defined herein; all training (listed below) must be completed by Contract EEG Technicians as required by VAGLAHS. Other training may become required; the VAGLAHS COR will communicate any training requirement changes to the Contractor.

Frequency:

(e.g., annual, yearly, etc.)

Annual Hours:

2.6. Standard Personnel Testing (e.g., purified protein derivative (PPD)): The Contractor shall provide proof of the following tests for Contract EEG Technicians within five (5) calendar days after contract award and prior to the first duty shift to the COR and CO. {Contractor tests shall be current within the past 12 months}.

2.6.1. Tuberculosis Testing: The Contractor shall provide proof of a negative Tuberculosis Skin Test (TST) or interferon-gamma release assays (IGRA) for all Contract EEG Technicians. A negative chest radiographic report for active tuberculosis shall be provided in cases of positive TST or IGRA results. The TST or IGRA testing shall be repeated annually. {This is applicable to all healthcare workers}.

2.6.2. Measles, Mumps, & Rubella Testing: The Contractor shall provide proof of immunity for all Contract EEG Technicians. {This is applicable to all healthcare workers}.

2.6.3. Varicella: The Contractor shall provide proof of immunity for all Contract EEG Technicians. {This is applicable to all healthcare workers}.

2.6.4. Acellular Pertussis: Contractors shall provide proof of one (1) dose of Tdap vaccination for all Contractor EEG Technicians. {This is applicable to all healthcare workers}.

2.6.5. Influenza: The Contractor shall provide proof that all Contract EEG Technicians have received the annual influenza vaccine unless it is contraindicated. If a Contract EEG Technician has a medical contraindication to the vaccine, they shall be required to wear a mask during Influenza season. {This is applicable to all healthcare workers}.

2.6.6. OSHA Regulation Concerning Occupational Exposure To Bloodborne Pathogens: The Contractor shall provide evidence of completing and passing generic self-study blood-borne pathogen training for all Contract EEG Technicians; provide their own Hepatitis B vaccination series and Hepatitis B surface antigen test results following the Hepatitis B vaccination series; maintain an exposure determination and control plan; maintain required records, and; ensure a proper follow-up evaluation is provided subsequent to an exposure incident.{This is applicable to all healthcare workers}.

2.6.6.1. The COR shall notify the Contractor of any significant communicable disease exposures as appropriate. The Contractor shall adhere to current CDC/HICPAC Guideline for Infection Control in healthcare personnel (as published in American Journal for Infection Control- AJIC 1998; 26:289-354 http://www.cdc.gov/hicpac/pdf/InfectControl98.pdf) for disease control. Contractor shall provide follow-up documentation of clearance to return to the workplace prior to return.

2.7. Conflict of Interest. The Contractor and all Contract EEG Technicians are responsible for identifying and communicating to the CO and COR conflicts of interest at the time of proposal submission and during the entirety of contract performance. At the time of proposal submission, 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 VA Acquisition Regulation (VAAR) provision 852.209-70 Organizational Conflicts of Interest (Jan 2008) and fully outlined in response to the subject attachment in Section D of the solicitation document.

2.8. Citizenship-related Requirements.

2.8.1. The Contractor certifies they shall comply with all legal provisions contained in the Immigration and Nationality Act of 1952, as amended; its related laws and regulations enforced by Homeland Security, Immigration and Customs Enforcement, and the U.S. Department of Labor, as these may relate to non-immigrant foreign nationals working under contract or subcontract for the Contractor while providing services to Dept. of VA.

2.8.2. While performing services for the Dept. of VA, the Contractor shall not knowingly employ, contract or subcontract with an illegal alien or foreign national non-immigrant who is in violation their status as a result of their failure to maintain or comply with the terms and conditions of their admission into the U.S. 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.

2.8.3. If the Contractor fails to comply with any requirements outlined in the preceding paragraphs or its Agency regulations, the Dept. of VA, may, at its discretion, require that the foreign national who failed to maintain their legal status in the U.S. 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, the Dept. of VA or other location where the Contractor provides services to Veteran-patients referred by the Dept. of VA, and shall form the basis for termination of this contract for breach.

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

2.9. 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) and the Office of the Inspector General (OIG) has established a list of parties and entities excluded from Federal healthcare programs. Specifically, the listed parties and entities may not receive Federal healthcare program payments due to fraud and/or abuse of the Medicare and Medicaid programs.

2.9.1. The 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 EEG Technicians (s) are not listed. Contractor should note that any excluded individual or entity that submits a claim for reimbursement to a Federal healthcare 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.

2.9.2. 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.

2.10. Clinical/Professional Performance. The qualifications of Contract EEG Technician personnel are subject to review by the VAGLAHS Director of EEG Labs or Designee. Clinical/Professional performance monitoring and review of all Contract EEG Technician personnel covered by this contract—for quality purposes—will be provided by the appointed VAGLAHS Director of EEG Labs or Designee. Note: 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.

2.11. Non-Personal Healthcare Services: The parties agree that the Contractor and all Contract EEG Technicians shall not be considered Dept. of VA employees for any purpose.

2.12. 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.

2.13. Prohibition Against Self-Referral. Contract EEG Technicians are prohibited from referring VA Veteran-patients to the Contractor for any services or purpose.

2.14. Inherently Government Functions. Contractor and Contractor’s EEG Technicians 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.

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

2.15.1. Workers’ compensation;

2.15.2. Professional liability insurance;

2.15.3. Health examinations;

2.15.4. Income tax withholding, and;

2.15.5. Social security payments.

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

2.17. Key Personnel: The VA Full Time Equivalency (FTE) for the services required is 2080 hours = One (1) FTEE (Full Time Equivalency Employee)). An FTE is defined by VA as a minimum of 80 hours every two (2) weeks and excludes holidays.

2.17.1. The Contractor shall propose a minimum of two (2) key EEG Technician personnel to be credentialed and available for scheduling to meet the requirements of one (1) on-site key personnel.

2.17.2. The Contractor shall be required to provide as a minimum, enough appropriately qualified EEG Technicians to be credentialed and privileged that meet or exceed twice (2x) the number of Full Time Equivalent Employee (FTEE) required to fulfill contract obligations.

2.17.3. In the event a scheduled EEG Technician is unable to begin or complete an assigned shift: The Contractor Shall Provide Replacement EEG Technician Coverage Within Two (2) Hours and Notify the COR at the VAGLAHS Immediately of the Schedule Change.

2.18. Personnel Substitutions. During the first ninety (90) calendar days of performance, the Contractor shall make NO substitutions of key personnel unless the substitution is necessitated by illness, death or termination of employment. The Contractor shall notify the CO, in writing, within five (5) calendar days after the occurrence of any of these events and provide the information required. After 90 days, the Contractor shall submit the information to the CO at least five (5) calendar days prior to making any permanent substitutions. The Contractor shall provide scheduled services throughout the contract period. In the event of the absence of Contractor’s personnel for any reason, the Contractor shall bear the responsibility of providing replacement personnel to provide the scheduled services. The Contractor point of contact shall arrange for pre-VA-credentialed EEG Technician coverage when the primary EEG technician will be unable to provide services for one (1) or more consecutive scheduled shift.

2.18.1. It is essential that continuity of services is maintained to the maximum degree possible, hence, substitution of Contractor provided EEG Technicians shall be limited to approved and assigned EEG Technicians for urgent/emergent absences. The Contractor shall be responsible for providing coverage to VAGLAHS during periods of vacancies of the Contractor’s personnel due to sick leave, personal leave, vacations, exhaustion, and additional coverage as required.

2.18.2. 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 CO. Proposed substitutes shall have comparable qualifications to those of the persons being replaced. The CO will notify the Contractor within five (5) calendar days after receipt of all required information of the decision on the proposed substitutes. The contract will be modified to reflect any approved changes of key personnel.

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

2.18.4. The Government reserves the right to refuse acceptance of any Contractor personnel at any time after performance begins, if personal or professional conduct jeopardizes Veteran-patient care or interferes with the regular and ordinary operation of the VAGLAHS Neurology facility. Breaches of conduct include intoxication or debilitation resulting from drug use, theft, patient abuse, dereliction or negligence in performing directed tasks, or other conduct resulting in formal complaints by patient or other staff members to designated Government representatives. Standards for conduct shall mirror those prescribed by current federal personnel regulations. Should the COS or designee show documented clinical problems or continual unprofessional behavior/actions with any Contractor’s EEG Technicians, the COR may request, without cause, immediate replacement of said Contractor’s EEG Technicians. The CO and COR shall address issues concerning a Contractor’s EEG Technicians conduct; the final arbiter on questions of acceptability is the CO.

2.19. Contingency Plan. Continuity of care is an essential part of VAGLAHS’ medical services. As such, the Contractor shall have a contingency plan in place to be utilized if a Contractor’s EEG Technician leaves Contractor’s employment or is unable to continue performance in accordance with the terms and conditions of the resultant contract.

3. HOURS OF OPERATION/FEDERAL HOLIDAYS.

3.1. Contract EEG Technicians shall be available Monday through Friday, excluding national holidays, to provide scheduled procedures, and during nights, weekends and holidays to perform emergency procedures. Hours of daily operations at VAGLAHS Dept. of Neurology are typically 8:00AM to 4:30PM (PDT) or as needed by VAGLAHS Neurology Dept.

3.2. On call includes nights, weekends and holidays. Must be available to be at hospital within one hour (maximum).

3.3. Any overtime and/or holiday pay that may be entitled to Contract EEG Technicians shall be the sole responsibility of the Contractor and shall not be billed to, nor reimbursed by, the Government.

3.4. When one of the holidays falls on a Sunday, the following Monday will be observed as a national holiday. When a holiday falls on a Saturday, the preceding Friday is observed as a national holiday by U.S. Government Agencies. Also, any day specifically declared by the President of the United States of America as a national holiday would be included. The Contractor shall only receive Payment for actual hours worked. Holiday pay is not authorized under the resultant contract and subsequent task orders.

3.5. In accordance with 5 U.S.C. 6103, Executive Order 11582 and Public Law 94-97, the following national holidays are observed, and for this contract are defined as “Legal Federal official holidays.”

4. CONTRACTOR RESPONSIBILITIES:

4.1. Clinical Personnel Required. The Contractor shall provide Contract EEG Technicians who are competent, qualified per this PWS, and adequately trained to perform assigned duties.

4.1.1. Contractor’s EEG Technicians shall be responsible for signing in and out when in attendance. Timesheets will be used by the COR to confirm working hours per day and services provided against the Contractor’s invoices.

4.2. Standards of Care. Contract EEG Technicians care shall cover the range of services provided in a state-of-the-art healthcare treatment facility, and the standard of care shall be of a quality that meets or exceeds currently recognized national standards as established by:

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

4.2.2. The professional standards of the Joint Commission (TJC) http://www.jointcommission.org/emergency_department/;

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

4.2.4. The requirements contained in this PWS.

4.3. Medical Records:

4.3.1. Authorities: Contractor EEG Technicians providing healthcare services to Veteran-patients shall be considered part of the VAGLAHS Healthcare Activity and shall comply with the U.S.C.551a (Privacy Act), 38 U.S.C. 5701 (Confidentiality of claimants records), 5 U.S.C. 552 (FOIA), 38 U.S.C. 5705 (Confidentiality of Medical Quality Assurance Records) 38 U.S.C. 7332 (Confidentiality of certain medical records), Title 5 U.S.C. § 522a (Records Maintained on Individuals) as well as 45 C.F.R. Parts 160, 162, and 164 (HIPAA).

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

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

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

4.3.5. Release of Information: The VAGLAHS shall maintain control of releasing any Veteran-patient medical information and will follow policies and standards as defined, but not limited to Privacy Act requirements. In the case of the VA authorizing the Contractor to release Veteran-patient information, the Contractor in compliance with VA regulations, and at his/her own expense, shall use VA Form 3288, Request for and Consent to Release of Information from Individual’s Records, to process “Release of Information Requests.” In addition, the Contractor shall be responsible for locating and forwarding records not kept at their facility. The VA’s Release of Information Section shall provide the Contractor with assistance in completing forms. Additionally, the Contractor shall use VA Form 10-5345, Request for and Authorization to Release Medical Records or Health Information, when releasing records protected by 38 U.S.C. 7332. Treatment and release records shall include the Veteran-patient’s consent form. Completed Release of Information requests will be forwarded to the VA Privacy Officer at the following address: VAGLAHS, Release of Information (ROI) Section, Bldg. 500, Rm. 0414, Health Information Management Service (HIMS) 001NR. 11301 Wilshire Blvd, Los Angeles, CA 90073. Tel: 310-268-4119; Fax: 310-268-4710

4.4. Direct Patient Care: An estimated 95% of the time, an EEG Technician will be involved in direct patient care. Per the qualification section of this PWS, the Contractor shall provide the following staff:

4.4.1. ONE (1) BOARD-CERTIFIED/BOARD-ELIGIBLE, EEG TECHNICIAN. The Contractor shall propose a minimum of two (2) key personnel to be credentialed and be available for scheduling to meet the requirements of one (1) on-site key personnel per the resultant contract.

4.5. Scope of Care. Contractor’s EEG Technicians (as appropriate and within scope of practice/privileging) shall be required to:

4.5.1. Set-up and adjust specialized equipment with multiple features that require precise positioning to operate correctly.

4.5.2. Select and set technical factors for invasive procedures applied in the neurosurgical operating room such as stereo EEG grip, and Strip EEG and ECOG.

4.5.3. Set equipment parameters based on the patient's diagnosis or specific and/or individualized testing criteria.

4.5.4. Make precise adjustments to clarify reading measurements.

4.6. Knowledge, Skills, And Abilities. Required knowledge for EEG Technicians:

4.6.1. Demonstrates skill and precision in use of the materials and equipment used in performing Evoked potentials, EEG, and Stereo EEG and EEG telemetry and to apply collodion-attached electrodes;

4.6.2. Thorough knowledge of variations in brain anatomy;

4.6.3. Able to evaluate and advise biomedical engineers regarding technical problems with various equipment;

4.6.4. Thorough knowledge of anticonvulsant medications and its effects on Veteran-patients and EEGs; has good working knowledge of other frequently used pharmaceuticals in the veteran population.

4.6.5. Knowledge and expertise in the following areas of service:

4.6.5.1. Auditory Brainstem Response (ABR);

4.6.5.2. Visual Evoked Response (VER);

4.6.5.3. Somatosensory Evoked Potential (SEP or SSEP);

4.6.5.4. Electroencephalography (EEG);

4.6.5.5. The Contract EEG Technician must maintain up-to-date knowledge of developments in the field of intraoperative Recording and Evoked Potentials, stereo EEG, grids, auditory evoked potentials, Somato Sensory Evoked Potentials, and Brain Death Record.

4.6.6. The contract EEG Technician complies with policies/procedures of the VAGLAHS, including but not limited to:

4.6.6.1. Setting up equipment and supplies utilizing recommended practices and aseptic technique;

4.6.6.2. Maintaining integrity of all sterile areas;

4.6.6.3. Arriving in a timely manner to not delay the medical/surgical process;

4.6.6.4. Documenting completed procedures and placing completed procedures in patient's chart prior to leaving the VAGLAHS;

4.6.6.5. Following standard VA and VAGLAHS procedures and providing EEG services for Veteran-patients;

4.6.6.6. Participating as a member of the VAGLAHS Veteran-patient care team (e.g., participates in Veteran-patient care activities, telephone usage, and communicates effectively with VAGLAHS neurology staff).

4.7. Administrative: estimated 5% of time not involved in direct patient care.

4.7.1. Specialized CPRS Documentation Procedures: Patient documentation is completed using the Computerized Patient Record System (CPRS). Contract EEG Technicians shall document care given and select appropriate Evaluation and Management (E&M) procedure codes in CPRS. Documentation must be enough to support both the E&M and procedure codes. Documentation and coding functions must be completed by the end of each Veteran-patient care encounter.

4.7.2. Veteran-Patient Safety Compliance and Reporting: Contract EEG Technicians shall follow all established patient-safety and infection-control standards of care. Contract EEG Technicians shall make every effort to prevent errors, falls, and Veteran-patient injury caused by acts of commission or omission in the delivery of care. All events related to Veteran-patient injury and other breeches of Veteran-patient safety shall be reported to the COR in compliance with VA Safety Policy. As soon as practicable (within 24 hours), Contractors shall notify COR of incident and submit to the COR, the Patient Safety Report, following up with COR as required or requested.

4.7.3. Customer Service: Contract EEG Technicians shall refer all Veteran-patient/customer service issues to the VAGLAHS Neurology Supervisory Physician and/or Neurology Nurse Manager or designee.

4.8. Performance Standards, Quality Assurance (QA) And Quality Improvement (QI):

4.8.1. Quality Management/Quality Assurance Surveillance: The Contractor’s EEG Technician personnel shall be subject to Quality Management measures, such as patient satisfaction surveys, and timely completion of medical records. Methods of Surveillance: Focused Provider Practice Evaluation (FPPE) and Ongoing Provider Practice Evaluation (OPPE). Contractor performance will be monitored by the government using the standards as outlined in this PWS and methods of surveillance detailed in the Quality Assurance Surveillance Plan (QASP). The QASP shall be attached to the resultant contract and shall define the methods and frequency of surveillance conducted.

4.8.2. Patient Complaints: The CO will resolve complaints concerning Contractor relations with Government employees or…