36C26222R0095 Neuro GLA RFP.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

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

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

36C26222R0095 06-28-2022

Michael Kahyai (951) 601-4540 07-12-2022

11:00 AM PDT

36C262 Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815

X 100

X

561320

$30 Million

N/A

36C262

Department of Veterans Affairs VA Greater Los Angeles Healthcare System 11301 Wilshire Blvd.

Los Angeles CA 90073

Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815

Financial Services Center Submit Invoices Electronically to:

www.tungsten-network.com/us/

See CONTINUATION Page

Provide Intraoperative Neuromonitoring (IOM) services IAW SOW at VA Greater Los Angeles Healthcare System (VAGLAHS).

This requirement is being procured as a 100% set aside for Service-Disabled Veteran-Owned Small Businesses (SDVOSBs).

Direct all questions via email to: michael.kahyai@va.gov no later than July 6, 2022 11:00 AM PDT.

Submit proposal via email to: michael.kahyai@va.gov.

Subject line: 36C26222R0095 and Company Name.

Proposal deadline: July 12, 2022 11:00 AM PDT.

See enclosed schedule for description of required services.

See CONTINUATION Page

X 1

Michael Kahyai Contracting Officer

36C26222R0095

Table of Contents

SECTION A

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

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 STATEMENT OF WORK

B.4 IT CONTRACT SECURITY

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2021)

C.2 52.216-18 ORDERING (AUG 2020)

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

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

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

C.6 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ... 34

C.7 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.8 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR

1984)

C.9 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.10 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

C.11 VAAR 852.219-77 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (SEP 2021)

(DEVIATION)

C.12 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.13 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (JAN 2022) (JUL 2020) (DEVIATION)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 Wage Det. 2015-5613, Rev. 21, Los Angeles, California 03/15/2022 Wage Det. 2015-5613, Rev. 21, Los Angeles, California 03/15/2022

D.2 CONTRACTOR CERTIFICATION: IMMIGRATION AND NATIONALITY ACT OF

1952—AS AMENDED

D.3 VHA Supplemental Contract Requirements for Ensuring Adequate COVID- 19 Safety Protocols for Federal Contractors

SECTION E - SOLICITATION PROVISIONS

E.1 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.2 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.3 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2021)

E.4 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

E.5 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.6 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) (JUL 2020)

(DEVIATION)

E.7 52.216-1 TYPE OF CONTRACT (APR 1984)

E.8 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.9 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C262

Network Contracting Office 22 POC: Michael Kahyai Email: michael.kahyai@va.gov 4811 Airport Plaza Drive, Suite 600, Long Beach CA 90815

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

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

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Monthly

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

Department of Veterans Affairs Financial Services Center Submit Invoices Electronically to:

www.tungsten-network.com/us/

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

AMENDMENT NO DATE

B.2 PRICE/COST SCHEDULE

This is an Indefinite Delivery, Indefinite Quantity, (IDIQ) contract, with the unit rates being fixed price. Prices for the unit 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 unit prices will not be reimbursed by the Government.

The current year pricing will apply to any extension pursuant to the exercise of FAR 52.217-8.

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE TOTAL AMOUNT

77 JB

IOM Services: per case (IAW SOW) Contract Period: Base POP Begin: 10-01-2022 POP End: 09-30-2023

Contract Period: Option 1 POP Begin: 10-01-2023 POP End: 09-30-2024

Contract Period: Option 2 POP Begin: 10-01-2024 POP End: 09-30-2025

Contract Period: Option 3 POP Begin: 10-01-2025 POP End: 09-30-2026

Contract Period: Option 4 POP Begin: 10-01-2026 POP End: 09-30-2027

GRAND TOTAL

B.3 STATEMENT OF WORK

Intraoperative Neuromonitoring

1. GENERAL RESPONSIBILITIES

1.1 The Contractor shall provide Intraoperative Neuromonitoring (IOM) Specialist services, as specified herein for eligible veterans on an as required basis at the VA Greater Los Angeles Healthcare System. The contracted IOM Specialist shall provide a range of tasks in accordance with the terms and conditions contained herein.

1.2 Contract Health Care Provider’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 (TJC). 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. Persons provided by the Contractor shall be technically proficient in the skills necessary to fulfill the Government’s requirements, to include the ability to speak, understand, read and write English fluently.

Contract personnel shall be responsible for compliance with all procedures in accordance with applicable VA Medical Center written policies, procedures, and protocols.

1.3 The Contractor shall furnish all equipment and supplies required for performance under this contract. The IOM Specialist will be responsible for the set-up scientific equipment such as Intraoperative Neurophysiologic Monitoring System, position the patient in the operating room, attach electrodes, monitor complex nerve impulses and notify the surgeon regarding any danger to the patient nerve pathways during a surgical procedure. The IOM Specialist will be responsible for multiple types of recordings and measurement of the electrical activity of the central and peripheral nervous system.

2. DUTIES

2.1 Contractor shall provide the IOM Specialist to perform Intraoperative Neurophysiologic Monitoring and Evoked Potential services on an as needed basis. The purpose of IOM Specialist is to reduce the risk to the patient of iatrogenic damage to the nervous system, and/or to provide functional guidance to the surgeon and anesthesiologist.

2.2 The IOM Specialist shall be well versed by virtue of training and experience in all aspects of Intraoperative Neurophysiologic Monitoring including:

a. Auditory Brainstem Response (ABR)

b. Visual Evoked Response (VER)

c. Somatosensory Evoked Potential (SEP or SSEP)

d. Electroencephalography (EEG)

e. Electromyography (EMG)

f. Nerve Conduction Studies

g. Knowledge of the Axon bio-med computer, Eclypse Model (or similar type of machine), that will be used to provide services.

h. IOM must maintain up-to-date knowledge of developments in the field of

Intraoperative Neurophysiologic Monitoring and Evoked Potentials.

2.3 Contract healthcare provider shall be experienced in and completely versed in the operation of all Intraoperative Monitoring equipment so that repair can be improved on an emergent basis in the event of equipment failure.

2.4 All alternate IOM Specialist shall meet all the qualification and experience requirements and be approved by VA officials prior to performing work at this Healthcare System.

2.5 The IOM Specialist shall be responsible for entering and retrieving information from computer. There will be some clerical duties in connection with the position, and direct patient contact as well as telephone contact with medical providers.

2.6 Understanding of patient triage, risks, indications and contraindications for each procedure.

2.7 Contractor shall be required to comply with medical record documentation as outlined in MCM 136-32, Control and Monitoring of Medical Records, and VAGLA Bylaws.

2.8 If and as requested by the VA, contract healthcare provider 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 of Staff or designee.

2.9 The Contractor shall provide healthcare services to eligible VA Beneficiaries. The services shall be performed at the VA as determined by patient needs, VA interest, and the availability of equipment and technical support.

2.10 Workload and on-call coverage: The IOM procedures are scheduled and will be on an as needed basis.

3. QUALIFICATION CRITERIA

3.1. Personnel assigned by the Contractor to perform services covered this contract must possess one or more attributes from each of the following areas:

Education:

a. Master’s degree in Audiology from a college accredited by the Council on

Academic Accreditation in Audiology and Speech Language Pathology (CCA-

ASHA)

b. Doctorate degree in Audiology (Au.D.) from a college accredited by the Council on Academic Accreditation in Audiology and Speech Language Pathology (CCA-ASHA)

c. Doctorate degree in Medicine (M.D.) from an accredited college approved by the Liaison Committee on Medical Education and Hospitals of the American Medical Association

d. Doctorate degree in Osteopathy (D.O.) from a college accredited by the American Osteopathic Association

Certification (Specialty/Subspecialty):

a. Diplomate of the American Board of Neurophysiologic Monitoring (DABNM).

b. Subspecialty in Clinical Neurophysiology, American Board of Psychiatry and

Neurology (ABPN)

c. Special Competency in Intraoperative Neuromonitoring, American Board of Clinical Neurophysiology (ABCN)

d. Diplomate in Neurophysiology, EMG and evoked potentials, American Board of Electrodiagnostic Medicine (ABEM)

e. Certificate of Clinical Competence in Audiology, American Speech-

Language-Hearing Association (CCC-A ASHA)

Licensure

a. Current, valid, unrestricted License to practice Medicine, State of California

(M.D./D.O).

b. Current, valid, unrestricted license to practice Audiology, State of California

(Au.D.)

3.1.1. Contractor must be practicing in accordance with County, City, State and Federal Laws.

3.1.2. Contractor must have health clearances and training as determined by VAGLA prior to providing any services to veterans.

3.1.3. The IOM Specialist must have monitored at least 20 cases within the preceding calendar year.

3.2. All alternate Intraoperative Monitoring Specialist must meet all the requirements and be approved by VA officials prior to performing work at this Healthcare System.

4. KEY PERSONNEL AND TEMPORARY EMERGENCY SUBSTITUTIONS

4.1. The Contractor shall provide the Contracting Officer and the COR a list of Key Personnel and their National Provider Identifier (NPI) upon award of the contract and at the exercise of any option on this contract.

4.2. During the first ninety (90) days of performance, the Contractor shall make NO substitutions of key personnel unless the substitution is necessitated by illness, death or termination of employment. The Contractor shall notify the Contracting Officer, in writing, within 15 calendar days after the occurrence of any of these events and provided the information required by paragraph (c) below. After the initial 90-day period of the contract the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

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

4.4. The Contractor shall provide scheduled services throughout the contract period on an as-needed basis. 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 requested services. The POC shall arrange for pre-credentialed locum tenens coverage when contract health care providers will be unable to provide services for one (1) or more consecutive shifts.

4.5. If routine services are disrupted for more than two (2) consecutive scheduled shifts or emergent response requests, the Government reserves the right to procure such services from an alternate source, until routine services are restored by the Contractor. 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 contract.

4.5.1. A copy of the other source’s service ticket or other verifiable documentation shall be used as the basis for any reimbursement.

5. STANDARD OF CONDUCT.

5.1. The Government reserves the right to refuse acceptance of Contractor employees whose personal or professional conduct jeopardizes patient care or interferes with the regular and ordinary operation of the facility. Breaches of conduct include intoxication or debilitation resulting from drug use, theft, patient abuse, dereliction or negligence in performing directed tasks, or other 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.

5.2. Complaints concerning Contractor employees’ conduct with Government employees or patients will be dealt with by the Contractor and the COR. The Contracting Officer is the final authority on validating complaints. In the event that contract 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.

6. CONFLICT OF INTEREST

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. The Contractor shall not employ any person who is an employee of the DVA, unless such person seeks and receives approval in accordance with the DVA 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 with regard to influencing the contract negotiations or terms of the contract. In any such case, the VA must review the matter and give its approval in accordance with agency ethics rules.

7. CONTRACTOR LIAISON.

The Contractor shall designate one (1) employee who shall be responsible for the performance of the work under the resulting contract. The liaison shall have full authority to act for the Contractor on all matters relating to the daily operation of the resulting contract.

The liaison may be a contract social worker performing under the resulting contract. 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: Email:

Alternate Contractor Liaison Phone: Email:

8. EMERGENCIES OR COMPLICATIONS.

8.1. Contractor personnel will report any unusual incidents within 24 hours to the Administrative Officer of the Day (AOD) of the VAGLA Emergency Department or to the Emergency Department Attending in Charge.

8.2. All accidents, malfunctions, injuries and deaths related to the delivery of services shall be immediately reported verbally to the COR. 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 will be done within three (3) working days of the verbal report.

9. ARRANGEMENT FOR REPLACEMENT STAFF.

The Contractor shall provide scheduled services throughout the contract period. In the event of the absence of Contracted personnel for any reason, the Contractor shall coordinate an alternate with the COR. Alternate shall be fully credentialed and privileged by the VAGLA credentialing and privileging office prior to performance.

10. ALTERNATE SOURCES.

10.1. 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. 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 contract.

10.2. A copy of the other source’s time sheet or other verifiable documentation shall be used as the basis for any reimbursement. The total amount to be reimbursed will be verified by the COR and deducted from the Contractor’s next month's invoice for services.

11. IDENTIFICATION BADGE.

An identification (ID) badge will be issued by the VA to Contractor employees providing services under the resulting contract. The appropriate ID badge shall be worn at all times while on Government facility grounds, clearly displayed on the outermost garment (i.e. coat, jacket, sweater, shirt, blouse, lab coat etc.).

12. GOVERNMENT TRAINING AND ORIENTATION.

12.1. The VA will provide a briefing to familiarize Contractor employees with the policies and procedures on the first scheduled duty day or within a period acceptable to the VA.

12.2. The Contractor shall ensure that all contracted employees attend and participate in VA or any other mandatory training to include but not limited to VA Privacy, VA Cyber Security, Diversity, Total Quality Improvement, Annual Fire Safety and Infection Control.

13. PERSONAL HYGIENE AND CLOTHING.

In performance of this contract, Contractor employees shall be neat, clean, well-groomed and shall otherwise exercise good personal hygiene. Appropriate and professional attire shall be worn at all times. Athletic and athletic-style garments (i.e., denims, jogging suits, sweat suits, running shorts, tee-shirts, or flip-flops) shall not be worn by contract healthcare providers.

14. IMMUNIZATION WAIVER/EXEMPTIONS.

Waivers and exemptions may be granted in accordance with VA regulations and Medical Staff Bylaws.

15. DRUG SCREENING.

15.1. Contracted employees 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:

Observable phenomena, such as direct observation of drug use, possession or the physical symptoms of being under the influence of a drug.

15.1.2. A pattern of abnormal conduct or erratic behavior.

15.1.3. Arrest or conviction for a drug-related offense or the identification of a contract Social Worker as the focus of a criminal investigating into illegal drug possession, use or trafficking.

15.1.4. Information provided either by reliable and credible sources or independently corroborated.

15.1.5. Newly discovered evidence that the contract Social Worker has tampered with a previous drug test.

16. PATIENT SENSITIVITY.

Contracted employees shall respect and maintain the basic rights of patients, demonstrating concern for personal dignity and human relationships. This includes no patient sensitivity information will be used on invoices.

17. MEDICAL RECORDS.

The Contractor understands that clinical or other medical records of VA beneficiaries treated by their employees under the resulting contract are VA records. Contractor 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 DVA, shall not have access to the records unless absolutely necessary to perform their contractual duties. Any individual who has access to these data will 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.

18. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA).

18.1. Contractor shall take reasonable measures to ensure patient privacy and confidentiality. The Contractor employees assigned to provide services under the resulting contract 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.

18.2. Contractor employees 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.

18.3. The Contractor understands that all parties are bound by the requirements of the HIPAA which provide guidance on the protection of patient privacy and confidentiality. This Act mandates that all Government agencies and those bodies with whom they contract must be in compliance with the directives of the Act.

19. QUALITY ASSURANCE AND PERFORMANCE MONITORING.

19.1. Contractor employees will be held to the same standard as VA personnel through quality assurance and performance monitoring to ensure compliance under the resulting contract. After the contract is awarded, any incidents as evidenced by the monitoring procedures will be forwarded immediately to the Contracting Officer. In addition, the COR will forward the summary evaluation of the Contractor performance to the Contracting Officer annually and once performance ends.

19.2. Timeliness and productivity measures will be rated based on productivity and workload reports and the average performance of like peers. Any concerns or negative trends will be immediately reported to the Contracting Officer, along with reports of positive trends and productivity.

19.3. Customer Service will be measured based on documented, substantiated, patient and/or staff complaints or compliments. Any substantiated customer service complaint will be immediately reported to the Contracting Officer. Reported compliments and positive feedback will also be reported through the Contracting Officer to reinforce this performance.

20. THE JOINT COMMISSION.

20.1. Contractor employees shall be subject to the same quality assurance standards in meeting or exceeding current recognized National Standards as established by The Joint Commission (TJC). Copies of the quality assurance standards are on file in the VAGLA Quality Management department and will 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.

20.2. 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. Contract personnel shall be responsible for compliance with all procedures in accordance with applicable VAGLA written policies, procedures, Bylaws of the Medical Staff and protocols. Copies of the Bylaws will be available to all Contractor employees and are located within the Quality Management department. 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.

20.3. The Contractor is required to maintain records that document competence/performance level of Contractor employees working on the resulting contract in accordance with TJC accreditation and other regulatory body requirements. The Contractor will provide a current copy of the competence assessment checklist and annual performance evaluation to the COR at the time of award or upon request, for each Contractor employee working on the resulting contract.

21. HEALTH AND HUMAN SERVICES - OFFICE OF INSPECTOR GENERAL (HHS/OIG)

REQUIREMENTS.

To ensure that the individuals providing services under the resulting contract have not engaged in fraud or abuse regarding Sections 1128 and 1128A of the Social Security Act regarding Federal Health Care programs, the Contractor is required to check the HHS/OIG, List of Excluded Individuals/Entities on the OIG Website (www.hhs.gov/oig) for each person providing services under the resulting contract. 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 the resulting contract, the Contractor is prohibited from using any individual or business listed on the List of Excluded Individuals/Entities.

22. EVIDENCE OF INSURANCE COVERAGE.

Before commencing work under this contract, the Contractor shall furnish certification to the Contracting Officer that the insurance coverage required per VAAR 852.237 has been obtained. Such evidence of insurance will not be waived.

23. CONTRACTOR PERSONNEL POLICY.

23.1. The Contractor shall assume full responsibility for the protection of its personnel furnishing services under the resulting contract. To carry out this responsibility, the Contractor shall provide the following to the personnel:

a. Worker’s compensation

b. Professional liability insurance

c. Health examinations

d. Income tax withholdings

e. Social Security withholdings

23.2. 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 VAGLA 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).

24. COMPUTER SECURITY.

24.1. In the performance of official duties, if the Contractor employees have regular access to printed and electronic files containing sensitive data that must 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 contract Social Worker is responsible for:

a. Protecting the data from unauthorized release or from loss, alteration, or unauthorized deletion.

b. Following applicable regulations and instructions regarding access to computerized files, release of access codes, etc., as set out in the access http://www.hhs.gov/oig) agreement which the contract personnel will sign.

25. OVERTIME AND HOLIDAY PAY.

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

26. NATIONAL HOLIDAY

Although normal working hours are generally 8:00 am to 4:30 pm, Monday through Friday, payment shall be for actual cases worked at VAGLA.

26.1. Listed below are the eleven national holidays:

New Year’s Day January 1

Martin Luther King Jr. Day Third Monday in January

President’s Day Third Monday in February

Memorial Day Last Monday in May

Juneteenth June 19

Independence Day July 4

Labor Day First Monday in September

Columbus Day Second Monday in October

Veterans Day November 11

Thanksgiving Day Fourth Thursday in November

Christmas Day December 25

26.2. 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 included would be any day specifically declared by the President of the United States of America as a national holiday.

27. PAYMENTS.

Contractor shall accept payment for services rendered under the resulting contract as payment in full and will not bill the Veteran or his/her third-party insurer for any services covered under the resulting contract.

28. INVOICE AND PAYMENT.

28.1. Payment is to be made monthly in arrears. All invoices from the Contractor shall be submitted in accordance with the instructions per VAAR 852.232-72, Electronic Submission of Payment Requests included in section C of this solicitation. Invoices submitted for payment shall be reviewed for accuracy, verified against time records and attendance logs and shall be subject to approval by the Government prior to remittance of payment.

28.2. Any discrepancies found shall be brought to the attention of the Contractor and shall be resolved. A corrected invoice must then be submitted by the Contractor as instructed by the Government. Patients shall not be invoiced for services. The invoice MUST be itemized to include the following information:

a. Name and address of Contractor

b. Contractor’s tax ID number

c. Contractor’s employee Name

d. Date and Hours worked

e. Fees being charged for services rendered

f. Extended amount due

g. Invoice number, date, obligation number, and task order number

28.3. Payment for services rendered by the Contractor shall be made monthly upon receipt of a proper invoice. When inadequate invoices are received (those lacking any of the essential items listed above), the vendor will be notified in writing within seven (7) calendar days of receipt of such bills that these bills cannot be processed for payment until a proper invoice is submitted (Prompt Payment Act – Public Law 97-177).

28.4. The itemized invoice shall be verified for certification of the services rendered during the billing period. The COR shall certify the Contractor’s invoice for payment of services rendered.

28.5. VA’s Electronic Invoice Presentment and Payment System – The FSC uses a third-party Contractor, OB10, to transition vendors from paper to electronic invoice submission.

28.6. A system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) chartered by the American National Standards Institute (ANSI). The X12 EDI Web site (http://www.x12.org).

28.7. The Contractor may contact FSC at the phone number or email address listed below with any questions about the e-invoicing program or OB10:

a. OB10 e-Invoice Setup Information: 1-877-489-6135

b. OB10 e-Invoice email: VA.Registration@ob10.com

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

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

28.8. Payments in full/no billing VA beneficiaries. The Contractor shall accept payment for services rendered under the resulting contract as payment in full. VA beneficiaries shall not under any circumstances be charged nor their insurance companies charged for services rendered by the Contractor, even if VA does not pay for those services. This provision shall survive the termination or ending of the contract. The Contractor shall not bill, charge, collect a deposit from, seek compensation, remuneration, or reimbursement from, or have any recourse against, any person or entity other than VA for services provided pursuant to the resulting contract. It shall be considered fraudulent for the Contractor to bill other third-party insurance sources (including Medicare) for services rendered to Veteran enrollees under the resulting contract.

29. CONTRACTOR PERSONNEL SECURITY REQUIREMENTS.

29.1. Position Risk and Sensitivity Designations. The position sensitivity for the resulting contract has been designated as LOW RISK. Position Risk and Sensitivity Designations are directly tied to background investigative requirements. A position designated as Low http://www.x12.org/ http://VA.Registration@ob10.com/ http://vafsccshd@va.gov/

Risk requires a National Agency Check with Inquires (NACI).

29.2. The Office of Security and Law Enforcement provides Department-wide policy on the assignment of appropriate position sensitivity designations associated with DVA positions involving national security and public trust responsibilities, and on the level of background investigations required for applicants for, and incumbents of, those positions.

29.3. IAW VA Handbook 0710, Personnel Suitability and Security Program, appointees and contract personnel appointed to Low/Moderate/High Risk positions must be subjects of a background investigation conducted by OPM and receive a favorable adjudication from the VA Office of Security and Law Enforcement to ensure compliance with such policy. If such investigation has not been completed prior to contract commencement, the Contractor shall be responsible for the actions of those individuals performing under the contract.

29.4. The cost for such investigations shall be borne by the Contractor, either in advance or as reimbursement to the Government. The level of sensitivity shall be determined by the Government on the basis of the type of access required. The level of sensitivity will determine the depth of investigation and cost.

29.5. The Contractor shall be required to furnish all applicable employee information required to conduct the investigation, such as, but not limited to, the name, address, and social security number of the Contractor’s personnel. The VA will provide all the necessary instructions and guidance for submission of the documents required to conduct the background investigation. Background investigations shall not be required for contract personnel assigned to Low Risk/Non-sensitive positions for one-hundred and eighty (180) days or less under a single contract or series of contracts. However, a Security Access Clearance (SAC) background screening will be required for appropriate preliminary checks IAW VA Directive 0710, Personnel Security and Suitability Program, http://www.va.gov/vapubs/viewPublication.asp?Pub_ID=487&FTyp.

29.6. Security Incident Investigation.

29.6.1. The term “security incident” means an event that has, or could have, resulted in unauthorized access to, loss, or damage to VA assets or sensitive information, or an action that breaches VA security procedures. The Contractor/Subcontractor shall immediately notify the COR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the Contractor/Subcontractor has access.

29.6.2. To the extent known by the Contractor/Subcontractor, the Contractor/ Subcontractor’s notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the Contractor/Subcontractor considers relevant.

29.6.3. In instances of theft or break-in or other criminal activity, the Contractor/Subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement. The Contractor, its employees, and its Subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The Contractor/Subcontractor shall cooperate with VA in any civil http://www.va.gov/vapubs/viewPublication.asp?Pub_ID=487&FTyp litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident.

30. POST-AWARD PERFORMANCE CONFERNECE.

Upon request, the Contractor shall participate in a post-award orientation conference as directed in the Office of Acquisition and Logistics (OAL) Information Letter (IL) number 003A3-12-04. The conference will include the Contracting Officer, COR, Program Manager, Contractor, and others designated. They will meet quarterly thereafter to ensure that the Contractors are meeting and/or exceeding the contracts requirements.

B.4 IT CONTRACT SECURITY

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY

1. GENERAL

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

2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

a. A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order.

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

c. Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness.

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

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

3. VA INFORMATION CUSTODIAL LANGUAGE

a. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1).

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

c. Prior to termination or completion of this contract, contractor/ subcontractor must not destroy information received from VA, or gathered/ created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract.

d. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract.

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

f. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12.

g. If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship.

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

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

j. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA's prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response.

k. Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus.

If the contractor/subcontractor is in receipt of a court order or other requests for the above mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response.

l. For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require C&A or an…