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36C26220R0063
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
691-20-2-7887-0021 36C26220R0063 02-11-2020 Gwen Taniguchi, CS 562-766-2229 03-11-2020
3:00 PM PST
36C262 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 VA Greater Los Angeles Healthcare System 11301 Wilshire Boulevard Los Angeles CA 90073 36C262 Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815
Department of Veterans Affairs Financial Services Center Submit Invoices electronically to:
http://www.tungsten-network.com/us/en/va
877-489-6135 See CONTINUATION Page The Contractor agrees to furnish all personnel to provide Dental services in the form of Dental Hygienist and Dental Assistant as outlined in the DESCRIPTION/SPECIFICATION WORK STATEMENT listed herein for the Veterans Affairs Greater Los Angeles Healthcare System (VAGLAHS).
Set-Aside: Service Disabled Veteran Owned Small Business
(SDVOSB)
SUBMISSION DEADLINE:MARCH-11-2020 3:00PM PST
691-3600160-7887-824800-2560 SP30H00A1
X X X Don Weerasinghe Contracting Officer Table of Contents
| SECTION A | 1 |
| A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS | 1 |
| SECTION B - CONTINUATION OF SF 1449 BLOCKS | 3 |
| B.1 CONTRACT ADMINISTRATION DATA | 3 |
| B.2 SCHEDULE OF SERVICES/ AND PRICE | 5 |
| B.3 DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK | 8 |
| B.4 IT CONTRACT SECURITY | 25 |
| SECTION C - CONTRACT CLAUSES | 35 |
| C.1 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018) | 35 |
| C.2 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018) | 37 |
| C.3 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (OCT 2019) | 43 |
| C.7 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) | 51 |
| C.8 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) | 52 |
| C.9 52.228-5 INSURANCE-WORK ON A GOVERNMENT INSTALLATION | 52 |
| C.10 CL-120 SUPPLEMENTAL INSURANCE REQUIREMENTS | 53 |
| C.11 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 53 |
| C.12 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2019) (DEVIATION) | 54 |
| C.13 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018) | 56 |
| C.14 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018) | 57 |
| SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS | 59 |
| SECTION E - SOLICITATION PROVISIONS | 60 |
| E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (OCT 2018) | 60 |
| E.2. 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014) | 66 |
| E.6 52.216-1 TYPE OF CONTRACT (APR 1984) | 67 |
| E.7 52.233-2 SERVICE OF PROTEST (SEP 2006) | 67 |
| E.8 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018) | 67 |
| E.10 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 68 |
| E.11 VAAR 852.273-74 AWARD WITHOUT EXCHANGES (JAN 2003) | 69 |
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: | Department of Veterans Affairs | |
| Don Weerasinghe, Contract Officer | ||
| Gwendolyn Taniguchi, Contract Specialist | ||
| VHA Regional Procurement Office – West |
Network Contracting Office (NCO22) 22L 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 - Other than System for Award Management (SAM), 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 Contractor shall bill in arrears to:
Tungsten Network http://www.tungsten-network.com/us/
5. ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
| AMENDMENT NO |
| DATE |
6. DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER: In accordance with FAR Provision 52.212-1 paragraph (j), please provide the Dun and Bradstreet Number assigned to your firm in the space provided below:
DUNS# ____ ____ - ____ ____ ____ - ____ ____ ____ ____
B.2 SCHEDULE OF SERVICES/ AND PRICE
This is an Indefinite Delivery, Indefinite Quantity, (IDIQ) contract, with the hourly rates being fixed-price. Prices for the hourly rates in this schedule represent an all-inclusive rate including labor, incidental costs, overhead, and insurance premium payments for applicable insurance coverage. Costs not incorporated into the Contractor’s price will not be reimbursed by the Government. The Contractor shall provide Dental Assistant and Dental Hygienist to provide Dental services to the VA Greater Los Angeles Healthcare System. The VA Sites shall consist of the five (5) Dental Clinics listed below. The Contractor personnel shall provide a range of services in accordance with the terms and conditions contained herein.
The guaranteed minimum amount for this contract is $3,000.00. The maximum aggregate value of the orders that can be placed under this contract is $8,000,000.00. The Government does not guarantee that it will place any orders under this contract in excess of the guaranteed minimum amount.
List of the five (5) VA Locations where the Services shall be performed for:
VA Greater Los Angeles Hospital 11301 Wilshire Blvd, Los Angeles, CA 90073 VA Sepulveda Ambulatory Care Center 16111 Plummer Street North Hills, CA 91343 Bakersfield CBOC 1801 Westwind Drive Bakersfield, CA 93301
Santa Maria CBOC 1550 East Main Street Santa Maria, CA 93454 Los Angeles ACC 351 East Temple Street Los Angeles, CA 90012
Base Year Period: To be decided after award
| CLIN |
| Description |
| Unit |
| Estimated Quantity |
| Unit Price |
| Estimated Total Price |
Dental Staffing Services Clinic Hour of Operation: 8:00am to 4:30pm, Monday through Friday, excluding National Holidays
| 0001 |
| Dental Assistant |
| HR. |
| 30,368 |
| $ |
| $ |
| 0002 |
| Dental Hygienist |
| HR. |
| 6,240 |
| $ |
| $ |
| BASE YEAR TOTAL: |
| $ |
Option Year Period One: To be decided after award
| CLIN |
| Description |
| Unit |
| Estimated Quantity |
| Unit Price |
| Estimated Total Price |
Dental Staffing Services
| 1001 |
| Dental Assistant |
| HR. |
| 30,368 |
| $ |
| $ |
| 1002 |
| Dental Hygienist |
| HR. |
| 6,240 |
| $ |
| $ |
| OPTION YEAR ONE (1) TOTAL: |
| $ |
Option Year Period Two: To be decided after award
| CLIN |
| Description |
| Unit |
| Estimated Quantity |
| Unit Price |
| Estimated Total Price |
Dental Staffing Services
| 2001 |
| Dental Assistant |
| HR. |
| 30,368 |
| $ |
| $ |
| 2002 |
| Dental Hygienist |
| HR. |
| 6,240 |
| $ |
| $ |
| OPTION YEAR TWO (2) TOTAL: |
| $ |
Option Year Period Three: To be decided after award
| CLIN |
| Description |
| Unit |
| Estimated Quantity |
| Unit Price |
| Estimated Total Price |
Dental Staffing Services
| 3001 |
| Dental Assistant |
| HR. |
| 30,368 |
| $ |
| $ |
| 3002 |
| Dental Hygienist |
| HR. |
| 6,240 |
| $ |
| $ |
| OPTION YEAR THREE (3) TOTAL: |
| $ |
Option Year Period Four: To be decided after award
| CLIN |
| Description |
| Unit |
| Estimated Quantity |
| Unit Price |
| Estimated Total Price |
Dental Staffing Services
| 4001 |
| Dental Assistant |
| HR. |
| 30,368 |
| $ |
| $ |
| 4002 |
| Dental Hygienist |
| HR. |
| 6,240 |
| $ |
| $ |
| OPTION YEAR FOUR (4) TOTAL: |
| $ |
AGGREGATE TOTALS:
SCHEDULE OF SERVICES AND PRICING
| PERIOD OF PERFORMANCE |
| DOLLAR VALUE |
| Base Year |
| To be decided after award, 2021 |
| $ |
| Option Year 1 |
| To be decided after award, 2022 |
| $ |
| Option Year 2 |
| To be decided after award, 2023 |
| $ |
| Option Year 3 |
| To be decided after award, 2024 |
| $ |
| Option Year 4 |
| To be decided after award, 2025 |
| $ |
| Total Base Year + Four (4) One-Year Options: |
| $ |
B.3 DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
1. INTRODUCTION
The Department of Veterans Affairs (VA), VISN 22 Network Contracting Office-22 intends to establish a Blanket Purchase Agreement for Dental Assistant and Dental Hygienist to provide Dental services to the VAGLAHS, 11301 Wilshire Blvd., Los Angeles, CA, 90073. Contractor care shall cover the range of services normally provided in a similar civilian healthcare facility, in accordance with the specifications and requirements contained herein.
The Dental Assistant and Dental Hygienist shall be required to augment current VAGLAHS staffing on an as-needed basis. Requirements are projected at an estimate of 30,368 Dental Assistant hours and 6,240 Dental Hygienist hours per contract year. The numbers of hours per year specified are estimates only and are subject to change. The Government is not obligated to purchase any specified amount of services under this resulting Delivery Order but shall be obligated to make payment for all services requested and received in the quantities and quality requested. Contractor personnel shall be present at VAGLAHS facility during working hours and be performing the required services identified herein or the payment shall be decreased accordingly during the billing cycle.
Contractor should thoroughly review the specifications and become familiar with the areas of coverage in order to become fully aware of the scope of requirements. Failure to understand the requirements shall not relieve the contractor from performing in accordance with the meaning and intent of the specifications. Cost submitted shall be all-inclusive of labor, incidental costs, overhead, insurance premium payments for applicable insurance coverage, lodging and car rental. Costs not incorporated into the contractor’s price shall NOT be reimbursed by the Government.
1. GENERAL REQUIREMENTS:
The Contractor shall provide Dental Assistant and Dental Hygienist to provide Dental services to the VA Greater Los Angeles Healthcare System. The VA Sites shall consist of the five (5) Dental Clinics listed below. The Contractor personnel shall provide a range of services in accordance with the terms and conditions contained herein.
VA Greater Los Angeles Hospital 11301 Wilshire Blvd, Los Angeles, CA 90073 VA Sepulveda Ambulatory Care Center 16111 Plummer Street North Hills, CA 91343 Bakersfield CBOC 1801 Westwind Drive Bakersfield, CA 93301
Santa Maria CBOC 1550 East Main Street Santa Maria, CA 93454 Los Angeles ACC 351 East Temple Street Los Angeles, CA 90012
2. RESPONSIBILITIES:
2.1. Dental Assistant:
2.1.1. The Dental Assistant shall perform chairside assistant duties in all phases of dentistry including but not limited to, prosthodontics, periodontics, oral and maxillofacial surgery and endodontics.
2.1.2. The Dental Assistant shall be responsible for assisting dentists by preparing patients and instruments for dental treatment, preparing surgical dressings and specimens, adjusting treatment as needed to account for age specific needs of the geriatric patient, and operating dental x-ray equipment.
2.1.3. The Dental Assistant shall learn how to operate new and existing equipment for patient treatment. The dental assistant shall maintain and clean dental equipment, instruments and assigned spaces according to current Infection Control policies, RME, and OSHA guidelines. This includes, but not limited to, dental chair/unit maintenance, equipment inventory, instrument inventory, and supply management in the operatory and supply rooms.
2.1.4. The Dental Assistant shall be responsible for receiving and routing patients, recording information related to patient care, utilization of all dental programs, and providing patient with education material relating to their care. Following surgical procedures, the dental assistant will provide proper verbal and written post-op instructions.
2.1.5. The dental assistant shall instruct, assist and answer questions for a variety of dental trainees in the Dental Clinic.
2.2. Dental Hygienist:
2.2.1. The Dental Hygienist shall receive scheduled patients, complete preliminary dental examinations on new dental service patients and reviews patients medical and dental history for evidence of past and present conditions such as mental illness and use of drugs which may complicate or alter dental hygiene treatment.
2.2.2. The Dental Hygienist shall examine the teeth and surrounding tissues for evidences of plaque and periodontal disease and chart findings; inspects the mouth and throat for evidence of disease such as oral cancer; interpret routine x-rays to identify tooth structures, calculus, and abnormalities such as cavities, traumatic occlusion, and suspicious lesions to present to the dentist.
2.2.3. The Dental Hygienist shall prepare dental hygiene treatment plans for patients including assessment of the problem, type of oral hygiene care required, and the sequence of appointments needed to complete treatment.
2.2.4. The Dental Hygienist shall render routine and advanced prophylactic treatment on ambulatory patients, remove calcium deposits, accretions and stain by deep scaling, root planning and curettage under local anesthetic. Polish the teeth and apply fluoride for caries prevention and hypersensitivity.
2.2.5. The Dental Hygienist shall work in conjunction with periodontal consultants and staff dentist in the treatment of patients with advanced periodontal disease requiring periodontal treatment including surgery, and assist in the pre and post operative care of these patients by providing deep scaling, curettage and root planning with ultrasonic and hand instruments: remove restoration overhangs and polish restorations, chart periodontal tissues, examine and chart pocket depths, inspect radiographs and record bone heights, disclose plaque and rate oral hygiene and plaque control.
2.2.6. The Dental Hygienist shall instruct patients at chairside in oral hygiene, brushing and flossing techniques, and periodontal aids which increase the amount of stimulation to the teeth. Will plan and adapt instructions in home care techniques, tailoring them to the oral hygiene needs and oral problems of individual patients. The dental hygienist explains to patients the cause of periodontal disease and tooth decay, and the importance of diet and hygiene as it relates to oral and systemic health
2.2.7. The Dental Hygienist takes radiographs on patients including bitewing, periapical, and panoramic x-rays. The dental hygienist shall make necessary adjustments and select the type of radiograph that shall be necessary for patient’s mouth. Prepares, cleans and provides maintenance to the x-ray equipment according to infection control and RME guidelines.
2.2.8. The Dental Hygienist manages a dental disease prevention program for patients with special problems, such as pre and post treatment follow up for maxillofacial patients and patients who have been scheduled for radiation treatment; renal dialysis; neuropsychiatric and patients with severe psychological and medical problems; stroke patients; diabetic patients; and drug and alcohol rehabilitation patients
2.2.9. The Dental Hygienist removes sutures, replaces dressings, takes impressions for study casts and for construction of mouth guards or special trays for the application of fluoride in post radiation oral cancer patients.
2.2.10. The Dental Hygienist maintains the patient recall system to insure continuous, close follow up treatment for each patient involved in the dental prevention program.
2.2.11. The Dental Hygienist shall be required to use VAGLAHS Computerized Patient Record System (CPRS) and DRM Plus to input patient dental activity data and outpatient for various hospital reports.
2.2.12. The Dental Hygienist shall maintain and clean dental equipment, instruments and assigned spaces according to current Infection Control policies, OSHA and RME guidelines, including, but not limited to, dental chair/unit maintenance, equipment inventory, instrument inventory, and supply management in the operatory and supply rooms.
3. QUALIFICATIONS:
3.1 Dental Assistant
3.2 The Dental Assistant shall have current unrestricted license by the Committee on Dental Auxiliaries (COMDA) for the State of California.
3.3 The Dental Assistant shall have a minimum of 1-year experience as a dental assistant
3.4 The Dental Radiological Certificate is required
3.5 Shall have a current BLS and or/CPR card
3.6 Shall have a valid TB test
Dental Hygienist
3.1.1 The Dental Hygienist shall have a minimum bachelor’s degree in dental hygiene from a school Accredited by the American Dental Association
3.1.2 The Dental Hygienist shall have a current unrestricted license from the State of California
3.1.3 The Dental Hygienist shall have a minimum of 1-year experience as a dental hygienist
3.1.4 Shall have a current BLS and or/CPR card
3.1.5 Shall have a valid TB test
4. ORDERING ACTIVITIES AND OFFICES:
4.1.1. A delegation of authority letter delineating the responsibilities and limitations of the COR shall be provided.
4.1.2. Any commitments of changes, which affect the price, quantity, authority to amend or render a decision on questions of the fact in dispute and related contract related administration problems are duties of the Contracting Officer and cannot be delegated.
4.1.3. The contractor shall not accept any instructions issued by any other person(s) other than the contracting officer or the COR acting within the limits of his/her authority. Only those services specified herein are authorized.
4.1.4. Before performing any service of a non-contract nature, the contractor shall advise the contracting officer of the reasons for additional work.
4.1.5. Changes to the contract may be made only in writing by the contracting officer.
5. WORK HOURS:
5.1. The services covered by this BPA shall be furnished by the contractor as define herein. The contract shall not be required to furnish such services on a national holiday or during off duty hours as described below.
5.2. The following terms have the following meanings:
5.2.1. Business Hours
5.2.2. Business hours are defined as Monday through Friday (7:30am – 4:00pm and 8:00 a.m. to 4:30 p.m.)
5.2.3. Federal Holidays: The following holidays are observed by the Department of Veterans Affairs.
· New Year’s Day
· Martin Luther King’s Birthday
· President’s Day
· Memorial Day
· Independence Day
· Labor Day
· Columbus Day
· Veterans Day
· Thanksgiving
· Christmas
· And any other day specifically declared by the President of the United States to be a Federal holiday.
5.2.4. Contractor shall provide coverage for all other days not designated as a Federal Holiday.
6. INTENTIONALLY LEFT BLANK
7 NON-ACCEPTANCE OF CONTRACTOR PERSONNEL:
7.1 The Contractor shall ensure that all Contractor personnel have met the qualifying criteria, including health requirements and valid licenses.
7.2 The decision to accept or reject Contractor personnel rests with the VA.
7.3 Non-acceptance of Contractor personnel does not relieve the Contractor from satisfying and fulfilling the BPA requirements.
8 STANDARD OF CONDUCT:
8.1 The Government reserves the right to refuse acceptance of Contractor personnel whose personal or professional conduct jeopardizes patient care or interferes with the regular and ordinary operation of the facility.
8.2 Breaches of conduct include intoxication or debilitation resulting from drug use, theft, patient abuse, or negligence in performing directed tasks, or other abuse, or other conduct resulting in formal complaints by patients or other staff members to designated Government Representatives. Standards for conduct shall mirror those prescribed by current Federal Personnel Regulations.
8.3 Complaints concerning Contractor personnel’s conduct with Government employees or patients shall be dealt with by the COR.
8.4 The Contracting Officer is the final authority on validating complaints. In the event that the Contractor personnel are involved and named in a validated complaint, the Government reserves the right to refuse acceptance of the services of such personnel. This does not preclude refusal in the event of incidents involving physical or verbal abuse. The final arbiter on questions of acceptability is the Contracting Officer.
9 CONFLICT OF INTEREST:
9.1 The Contractor shall not employ any person who is an employee of the United States Government if the employment of that person would create a conflict of interest.
9.2 The Contractor shall not employ any person who is an employee of the Department of Veterans Affairs, unless such person seeks and receives approval in accordance with VA Regulations. Nor shall the Contractor employ any person who as a member would create a conflict of interest or the appearance of a conflict of interest, particularly regarding influencing the BPA negotiations or terms of the BPA. In any such case, Department of Veterans Affairs (VA) shall review the matter and give its approval in accordance with agency ethics rules.
10. CONTRACTOR LIAISON:
The Contractor shall designate one (1) employee who shall be responsible for the performance of the work under this BPA.
1. The liaison shall have full authority to act for the Contractor on all matters relating to the daily operation of this BPA.
2. The liaison may be a contract health care provider performing under this BPA.
3. An alternate may be designated, but the Contractor shall identify, in writing, those times when the alternate shall act as the liaison.
Contractor Liaison: _____________________ Phone: ____________ Fax: ___________
11. EMERGENCIES OR COMPLICATIONS:
11.1 Contractor personnel shall report any unusual incidents within 24 hours to the Administrative Officer of Dental Service or, to the Chief of the Dental Service.
11.2 All accidents, malfunctions, injuries and deaths related to the delivery of services shall be immediately reported verbally to the COR.
11.3 The Contractor may be required to provide evidence of follow-up through a written report of the incident, describing the event, analysis of cause and effect, and corrective action taken. If such a report is requested by the COR, this shall be done within three (3) working days of the verbal report.
12. KEY PERSONNEL AND TEMPORARY EMERGENCY SUBSTITUTIONS:
12.1 The Contractor shall provide scheduled services throughout the BPA period.
12.2 The Contractor shall provide the Contracting Officer and the COR a list of Key Personnel and their expected period of performance.
12.3 During the first ninety (90) of performance, the contractor shall make NO substitutions of key personnel unless the substitution is necessitated by illness, death or termination of employment.
12.4 In the event of the absence of Contractor’s personnel for any reason listed in paragraph 11.3, the Contractor shall coordinate an alternate with the COR or the Contracting Officer.
13. ALTERNATE SOURCES:
13.1 If routine services are disrupted for more than two (2) consecutive scheduled shifts or emergency response requests, the Government reserves the right to procure such services from an alternate source, until routine services are restored by the Contractor.
13.2 When the Government exercises its right to procure these services from an alternate source, the Contractor shall reimburse the government for all charges in excess of the amount that would have normally been incurred by the BPA.
13.3 A copy of the other source’s time sheet or other verifiable documentation shall be used as the basis for any reimbursement.
14. Personal Security Verification (PIV) Card and/or Security Badge Requirements for Contractor employees
14.1 Definitions.
i. Access means routine, unescorted physical entry into, and to the extent authorized, mobility within a Government facility. Also, it means the ability to obtain, view, read, modify, delete, and/or otherwise make use of information technology.
ii. Contractor employee means an employee of the prime contractor or of any subcontractor, affiliate, partner, joint venture, or team members with which the contractor is associated. It also includes consultants engaged by any of those entities.
iii. Facility and Government facility mean buildings, including areas within buildings, owned, leased, shared occupied, or otherwise controlled by the federal government.
iv. Information technology means any equipment or interconnected system or subsystem of equipment, including telecommunications equipment that is used in the automatic acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information. This includes both major systems/application and general support system as defined by OMB/A-13, owned by VA or owned and operated on VA’s behalf by another party.
14.2 Access to VA Facilities or Systems.
14.2.1 General. The performance of this contract requires contractor employees to have routine, unescorted access to VA facilities. All such employees who do not already possess a current Security Badge or PIV Card acceptable to VA shall be required to provide personal information, undergo an FBI National Criminal History Fingerprint Check, and obtain a Security Badge or PIV Card prior to being permitted access to any such facility in performance of this contract. No contractor employee shall be permitted routine, unescorted access to a VA facility without a proper Security Badge or PIV Card.
14.2.2 General. The performance of this BPA requires contractor employees to have routine, unescorted access to VA facilities. All such employees who do not already possess a current Security Badge or PIV Card acceptable to VA shall be required to provide personal information, undergo an FBI National Criminal History Fingerprint Check, and obtain a Security Badge or PIV Card prior to being permitted access to any such facility in performance of this contract. No contractor employee shall be permitted routine, unescorted access to a VA facility without a proper Security Badge or PIV Card.
14.2.3 Citizenship-related requirements. If required by the BPA, each affected contractor employee as described in paragraph 14.1.2 shall be:
14.2.3.1 A United States (U.S.) citizen; or
14.2.3.2 A national of the United States (see 8 U.S.C. 1408); or
14.2.3.3 An alien lawfully admitted into the United States for permanent residence as evidenced by an Alien Registration Receipt Card Form I–151.
14.2.4 Background information.
14.2.4.1 For each contractor employee that has access to VA facilities or systems, the contractor shall coordinate with assigned Contracting Officer’s Technical Representative (COR) to schedule electronic finger printing and initiate a Special Agreement Check (SAC). The COR shall provide instructions to the contractor regarding the local procedures for fingerprinting and obtaining Security Badges or PIV Cards.
14.2.4.2 After completion of the fingerprint check, the Contracting Officer shall notify the contractor in writing if any contractor employee is determined to be unsuitable to be given access to a government facility or VA system. If so notified, the contractor shall not allow such employees to perform work on this contract.
14.3.1 Security Badge or PIV Cards.
14.3.2 VA shall issue a Security Badge or PIV Card to each contractor employee who is to be given routine, unescorted access to VA facilities or access to VA systems and does not already possess a Security Badge or PIV Card. Contractor employees that require logical access and email address in VA systems, access to sensitive records, sensitive physical access or common physical access of greater than 6 months or considered as a fulltime equivalent shall require PIV Card, requiring background investigation (NACI) and SAC.
14.3.3 VA shall issue Non-PIV Security Badges to contractor employees that require logical access with no email address in VA systems, access to sensitive records, sensitive physical access or common physical access of less than 6 months, or not considered as a fulltime equivalent shall require non-PIV Card, requiring SAC. This card is issued with expiration date of 6 months or less.
14.3.4 Security Badge or PIV Cards shall identify individuals as contractor employees. Contractor employees shall always display their Security Badge or PIV Cards on their persons while working in a VA facility and shall present their cards for inspection upon request by VA officials or VA security personnel.
14.3.5 The contractor shall be responsible for all Security Badge or PIV Cards issued to the contractor’s employees and shall immediately notify the COR if any Security Badge or PIV Card(s) cannot be accounted for. The contractor shall notify the COR immediately whenever any contractor employee no longer has a need for his/her VA-issued Security Badge or PIV Card (e.g., employee terminates employment with the contractor, employee’s duties no longer require access to VA facilities). In such cases, the COR shall instruct the contractor on how to return the Security Badge or PIV Card. Upon expiration of this contract, the COR shall instruct the contractor on how to return all VA-issued Security Badge or PIV Cards not previously returned. The contractor shall not return Security Badge or PIV Cards to any person other than the COR.
14.4 Control of access.
14.4.1 VA shall have and exercise full and complete control over granting, denying, withholding, and terminating access of contractor employees to VA facilities and systems. The Contracting Officer shall notify the contractor immediately when VA has determined that an employee is unsuitable or unfit to be permitted access to a VA facility or system. The contractor shall immediately notify such an employee that he/she no longer has access to any VA facility or system, shall retrieve the employee’s Security Badge or PIV Card from the employee, and shall provide a suitable replacement employee in accordance with the requirements of this clause. The VA shall not give the contractor the reason for requiring the removal of the unsuitable contractor employee but can provide the applicant the phone number to call the FBI to receive a copy of the SAC report used for this determination. The Government shall not be responsible for any costs incurred by the contractor as a result of removing such employee from the subject contract.
14.4.2 Termination. Failure on the part of the Contractor to comply with the terms of this clause may result in termination of this BPA for default.
15. VA HANDBOOK 6500.6 APPENDIX C PARAGRAPH 9 – TRAINING
15.1 The VA shall provide a briefing to familiarize the contractor personnel on the policies and procedures on the first schedule duty day or within a period acceptable
15.2 All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and its systems:
15.2.1 Sign and acknowledge electronically through TMS understanding of and responsibilities for compliance with the Contractor Rules of Behavior, Appendix E relating to access to VA information and information systems;
15.2.2 Successfully complete the VA Privacy and Information Security Awareness and Rules of Behavior training and annually complete required security training;
15.2.3 Successfully complete the appropriated VA Privacy and HIPAA training and annually complete requirement privacy training; and
15.2.4 Successfully complete any addition cyber security or privacy training, as required for VA personnel with equivalent information system access as defined by the VA program office.
15.2.5 The contractor shall provide to the contracting officer and/or the COR a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required.
15.2.6 Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and comments are complete.
16. PERSONAL HYGIENE AND CLOTHING:
16.1 Contractor personnel shall be neat, clean, well groomed and shall otherwise exercise good personal hygiene.
16.2 Appropriate and professional attire shall be worn at all times. A laboratory style coat can be worn over scrubs when the Contractor personnel are not performing duties in a clinical examination area, operating or procedure rooms. Medical scrubs are not to be worn outside the facility.
17. HEALTH REQUIREMENTS:
a. Contractor personnel shall not perform services under this BPA unless a pre-assignment medical examination has been performed within 30 calendar days of their first schedule shift. Pre-assignment medical examinations shall be the responsibility of the Contractor at no cost to the Government.
b. As a condition of employment Occupational Safety and Health Administration (OSHA) requires that all Contractor personnel who shall have occupational exposure to blood, other body fluids, or other potentially infections materials, shall received Hepatitis B vaccine, sign a voluntary declination or have document proof of immunity to Hepatitis B infection. The immunization shall be the responsibility of the Contractor at no cost to the Government.
c. Contract personnel having patient contact or exposure to biological or pathological specimens shall be immunized against, be granted an immunization waiver or have documented proof of immunity to rubella, mumps, polio and Hepatitis B. In addition, Contractor personnel shall be free of infectious diseases (to include but not limited to active Tuberculosis and Viral Hepatitis) that might reasonably be expected to place other workers, patients or the public at risk.
d. The Contractor shall provide the Government with all the information necessary to ensure that Government records are maintained correctly and in compliance with Joint Commission, OSHA and the Center for Disease Control health records requirements, for each individual Contractor health care provider.
e. The Contractor shall provide the COR with certification that the Contractor personnel have completed the medical evaluation required above, a minimum of five (5) working days prior to performance of BPA services. This certification shall state the date and that the examination was completed, doctor’s name, and a statement concerning the physical health of the individual and a statement stating they are not suffering from a contagious disease to include, Tuberculosis, Hepatitis and Venereal Disease.
f. The government may take nose and throat cultures from the Contractor personnel when required by Government Infection Control Committees (ICC).
g. If the Contractor personnel have been found medically unfit for providing services required under this BPA, they shall be required to discontinue working immediately. Contractor personnel shall not return to work until given clearance by the appropriate physician.
h. The Government shall provide emergency health care for injuries sustained while on duty for Contractor personnel. These services shall be billed to the Contractor at the current full reimbursement rate.
18. IMMUNIZATION WAIVER/EXEMPTIONS:
Waivers and exemptions may be granted in accordance with VA regulations and Medical Staff Bylaws.
19. DRUG SCREENING:
Contractor personnel are subject to random drug testing. They are also subject to drug testing when there is a reasonable suspicion that they use or are impaired by illegal drugs while on duty. Reasonable suspicion of drug use or impairment includes, but is not limited, to the following:
19.1 Observable phenomena, such as direct observation of drug use, possession or the physical symptoms of being under the influence of a drug;
19.2. A pattern of abnormal conduct or erratic behavior;
19.3 Arrest or conviction for a drug-related offense or the identification of Contractor personnel as the focus of a criminal investigating into illegal drug possession, use or trafficking;
19.4 Information provided either by reliable and credible sources or independently corroborated;
19.5 Newly discovered evidence that the Contractor personnel has tampered with a previous drug test.
20. ADMINISTRATIVE FUNCTIONS AND ATTENDANCE AT MEETINGS:
If and when requested by the Government, Contractor personnel shall perform services to include, but not limited to, attendance and participation in meetings, professional staff conferences, other appropriate professional activities, assist with Performance Improvement activities and interface with the VA Chief Medical Officer or designee.
21. PATIENT SENSITIVITY:
Contractor personnel shall respect and maintain the basic rights of patients, demonstrating concern for personal dignity and human relationships.
22. APPLICABLE PUBLICATIONS:
The Contractor shall adhere to the publications list that follows. The publications are maintained by the Government and are available through the COR. At any time, these publications are subject to change, made in the form of supplements or amendment issued any organizational level and may affect contract performance.
a. A STATION MEMORANDA – Use Most Current Dated Publication:
NUMBER TITLE
0. Patient’s Rights and responsibilities
0. Improving Organizational Performance
0. Medical Records Content and Documentation
0. Privacy Act of 1994
0. Electronics Signature and Computer-based Medical Records
23. MEDICAL RECORDS:
Clinical or other medical records of VA beneficiaries treated by Contractor under this BPA are VA records and shall be forwarded to the VA. Contractor personnel who obtain access to hardware or media which may manipulate or store drug or alcohol abuse data, sickle cell anemia treatment records, records or tests or treatment for or infection with HIV, medical quality assurance records, or any other sensitive information as defined by the Department of Veterans Affairs, shall not have access to the records unless absolutely necessary to perform their contractual duties. Any individual who has access to these data shall disclose them to no one, including other employees of the Contractor not involved in the performance of the particular contractual duty for which access was obtained.
24. HEALTH INSURANCE POTABILITY AND ACCOUNTABILITY ACT (HIPPA):
Contractor shall take reasonable measures to ensure patient privacy and confidentiality. The Contractor personnel herein agree to take all reasonable precautions to safeguard patient information from unauthorized access or modification, in both electronic and hard-copy formats. This includes not only electronic security measures such as “strong” user passwords on computer systems, but also physical barriers to prevent unauthorized use of computer work-stations; that hard copy patient files are in secured lockable areas, that files are in lockable cabinets, that the cabinets can in fact be locked, i.e., keys are available, and the locking mechanisms work properly. This precaution also includes the proper transfer of patient information via electronic means, such as faxing or system-to-system transmission.
Contractor personnel shall make sure no patient information of any type is given to outside parties, agencies or organizations of any type without the expressed written consent of the patient and the VA and only in capacities directly related to the provision of the services contracted in this instrument. That only the minimum necessary patient information is used to provide appropriate service to the correct patient. The Contractor is subject to the same penalties and liabilities for unauthorized disclosures of such records as VA personnel.
That the undersigned understands that all parties are bound by the requirements of the “Health Insurance Portability and Accountability Act of 1996” which provide guidance on the protection of patient privacy and confidentiality. This Act mandates that all government agencies and those bodies with whom they contract shall be in compliance with the directives of the Act.
25. PERFORMANCE IMPROVEMENT (PI)/RISK MANAGEMENT:
Contractor personnel shall participate in PI/Risk Management activities to the extent required by the VA. Contractor personnel specific data shall be submitted by the Contractor to the COR upon request. The Government shall evaluate the Contractor personnel professional performance, as differentiated from administrative, performance under this BPA using quality assurance standards specified in VA Regulations, Joint Commission Standards and VA Station Memorandum.
26. QUALITY ASSURANCE AND PERFORMANCE MONITORING:
Contractor personnel shall be held to the same standard as VA personnel through quality assurance and performance monitoring to ensure compliance under this BPA. These procedures shall include time and attendance logs verification, monitoring of the Computerized Patient Record System (CPRS) records or other appropriated records, called for under this BPA received by the VA. The Quality Assurance and Performance Monitoring shall be governed by the appointed COR who shall be responsible for verifying compliance with the terms and conditions of the BPA. Contractor shall perform services in accordance with the ethical, professional and technical standards of the healthcare industry as consistent with VA Policy, regulations and procedures. After the BPA is awarded, any incidents as evidenced by the monitoring procedures shall be forwarded immediately to the Contracting Officer. In addition, the COR shall forward the summary evaluation of the Contractor performance to the Contracting Officer once performance ends.
27. THE JOINT COMMISSION:
Contractor’s personnel shall be subject to the same quality assurance standards in meeting or exceeding current recognized National Standards as established by the Joint Commission. Copies of the quality assurance standards are on file in the VA Medical Healthcare Group and shall be available to the Contractor. The Contractor shall perform services in accordance with the ethical, professional, and technical standards of the healthcare industry as consistent with VA policy, regulations, and procedures. The personnel provided by the Contractor 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 personnel shall be responsible for compliance with all procedures in accordance with applicable VA Greater Los Angeles Healthcare System’s written policies, procedures, Bylaws of the Medical Staff and protocols. Copies of the Bylaws shall be available to all Contractor personnel and are located within the Healthcare Group. They shall not introduce new procedures or services without prior recommendation to and approval of the Chief of Staff (COS) or authorized representative(s) and through the Contracting Officer.
The Contractor is required to maintain records that document competence/performance level of Contractor employees working on this BPA in accordance with Joint Commission and other regulatory body requirements. The Contractor shall provide a current copy of the competence assessment checklist and annual performance evaluation to the COR at the time of BPA award or upon request, for each Contractor employee working on this BPA.
Where the BPA does not require Joint Commission Accreditation or other regulatory body requirements, the Contractor shall perform the required work in accordance with The Joint Commission Standards. A copy of these standards may be obtained from The Joint Commission, One Renaissance Blvd., Oakbrook Terrace, IL 60181.
28. HHS/OIG REQUIREMENTS:
To ensure that the individuals providing services under this BPA have not engaged in fraud or abuse regarding Sections 1128 and 1128A of the Social Security Act regarding federal health care programs, the Contractor is required to check the Health and Human Services - Office of Inspector General (HHS/OIG), List of Excluded Individuals/Entities on the OIG Website (www.hhs.gov/oig) for each person providing services under this BPA. Further, the Contractor is required to certify in its proposal that all persons listed in the Contractor’s proposal have been compared against the OIG list and are NOT listed. During the performance of this BPA, the Contractor is prohibited from using any individual or business listed on the List of Excluded Individuals/Entities.
29. CONTINUING MEDICAL EDUCATION (CME) REQUIREMENTS:
Contractor personnel registered by national associations shall continue to meet the minimum standards for CME and VA Greater Los Angeles Healthcare System Bylaws and Rules to remain current as prescribed by legal requirements. CME is the sole responsibility of the Contractor, shall be obtained at no additional cost to the Government, and shall be reported to the COR annually on the first normal duty day in January for the previous calendar year. Periodic CME may be conducted at the VA and may be available, at no cost, to any Contractor personnel.
30. EVIDENCE OF INSURANCE COVERAGE:
Before commencing work under this BPA, the Contractor shall furnish certification to the Contracting Officer that the coverage required (General & Professional Liability as well as Workers Comp) has been obtained and such policy shall state, “This policy may not be changed or cancelled without written notice to the VA Contracting Officer, VA Network 22 Logistics Office, 5901 East 7th Street, Long Beach, CA 90822. Said policy shall bear an appropriate “loss payable clause’’ to the United States as its interest may appear. Such evidence of insurance shall not be waived.
31. PERSONNEL POLICY:
General: The Contractor shall assume full responsibility for the protection of its personnel furnishing services under this BPA. To carry out this responsibility, the Contractor shall provide the following to the personnel:
· Worker’s compensation
· Professional liability insurance
· Health examinations
· Income tax withholdings, and
· Social Security withholdings.
Payment for any leave, including sick leave or vacation time is considered the sole responsibility of the Contractor. The Contractor shall comply with all existing local, state, federal and/or union laws, regulations relevant to fringe benefits, and premium pay for their employees. Such personnel shall not be considered VA Greater Los Angeles Healthcare System employees for any purpose and shall be considered employees of the Contractor. There is no employer-employee relationship between the VA and the Contractor or the Contractor’s employee(s).
32. COMPUTER SECURITY:
In the performance of official duties, if the Contractor personnel has regular access to printed and electronic files containing sensitive data that shall be protected under the provisions of the Privacy Act of 1974 and other applicable laws, federal regulations, VA statutes and policy, and VHA policy. The Contractor personnel is responsible for 1) protecting the data from unauthorized release or from loss, alteration, or unauthorized deletion and 2) following applicable regulations and instructions regarding access to computerized files, release of access codes, etc., as set out in the access agreement which the Contractor personnel signs.
33. INTENTIONALLY LEFT BLANK
34. BILLING FOR SERVICES:
The Contractor is responsible for submitting billing for services.
35. PAYMENTS:
Contractor shall accept payment for services rendered under this BPA as payment in full and shall not bill the veteran or his/her third-party insurer for any services covered under this BPA or for additional services for which the VA pays the Contractor outside the BPA.
36. INVOICE AND PAYMENT:
Payment is to be made monthly in arrears. Contractor shall submit invoices to Financial Services Center electronically to: http://www.tungsten-network.com/us/en/.
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