36C26223Q0274.docx

DRAFT

GENERAL INFORMATION

SET-ASIDE

CONTRACTING OFFICE ADDRESS

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

POINT OF CONTACT*

Contract Specialist Jose Diaz jose.diaz6@va.gov

PLACE OF PERFORMANCE

Raymond G. Murphy Medical Center

1501 San Pedro Drive, SE.

Albuquerque NM

ADDITIONAL INFORMATION

Sources Sought Notice Sources Sought Notice

DESCRIPTION

Sources Sought Notice

THIS REQUEST FOR INFORMATION (RFI) – SOURCES SOUGHT IS ISSUED SOLELY FOR MARKET RESEARCH AND PLANNING PURPOSES ONLY AND DOES NOT CONSTITUTE A SOLICITATION.

RFI # 36C26223Q0274

1. Responses to this Sources Sought must be in writing. The purpose of this Sources Sought Announcement is for market research only to make appropriate acquisition decisions and to gain knowledge of Small Business Capability, including Service Disabled Veteran Owned Small Businesses and Veteran Owned Small Businesses (SDVOSB/VOSB) interested and capable of performing the work.

2. The NAICS/PSC for this requirement is:

NAICS Code: 561320- Temporary Help Services PSC: Q508- Medical- Hematology Size Standard: $30M

Description of Requirement: Provide Two (2) FTE Board Certified /Board Eligible Hematology/Oncology Physician to perform services at the New Mexico VA Healthcare System (NMVAHCS) Raymond G. Murphy Medical Center, 1501 San Pedro Drive, SE. Albuquerque, NM 87108-5153.

3. Interested and capable Contractors should respond to this notice not later than Wednesday, December 14, 2022 @ 4:00 PM PST by providing the following via email only to Jose Diaz, Contract Specialist, at Jose.Diaz6@va.gov.

(a) company name

(b) address

(c) point of contact

(d) phone, fax, and email of primary point of contact

(e) DUNS number

(f) Type of small business, if applicable, (e.g. Services Disabled Veteran Owned Small Business (SDVOSB), Veteran-owned small business (VOSB), 8(a), HUB-Zone, Women Owned Small Business, Small disadvantaged business, or Small Business).

(g) A capability statement that addresses the organization’s qualifications and ability to perform as a contractor specifically for the work described in paragraph 5 below. Respondents are also encouraged to provide specific examples (e.g. contract number, point of contact information) of the Contractor’s experience providing the same or similar supplies/services to that described herein.

4. SDVOSB/VOSB respondents.

(a) If respondent is VOSB or SDVOSB, respondent is encouraged to provide proof of www.vetbiz.gov certification. In addition, SDVOSB/VOSB Contractors are asked to acknowledge that they understand the limitations on sub-contracting pursuant to FAR 52.219-14, Limitations on Sub-Contracting, which will be included in the impending solicitation. Further SDVOSB/VOSB contractors are asked to respond that they are capable of providing the requested services keeping within the parameters of this clause.

(b) Small businesses, including SDVOSB/VOSBS are also advised that per 13 CFR, § 125.6 the prime contractor's limitations on subcontracting are as follows:

(1) General. In order to be awarded a full or partial small business set-aside contract with a value greater than $150,000, an 8(a) contract, an SDVO SBC contract, a HUBZone contract, a WOSB or EDWOSB contract pursuant to part 127 of this chapter, a small business concern must agree that:

(2) In the case of a contract for services (except construction), it will not pay more than 50% of the amount paid by the government to it to firms that are not similarly situated. Any work that a similarly situated subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded.

5. The Contractor shall provide the services stated herein the SOW.

6. Please note that if VA’s pending market research establishes that two or more VOSB or SDVOSB, who are certified in VA’s Vendor Information Pages (VIP) site https://www.vip.vetbiz.gov/, can provide the services, VA will set aside the underlying solicitation per 38 U.S.C. §8127.

7. All Offerors who provide goods or services to the United States Federal Government must be registered in the System for Award Management (SAM) database found at https://www.sam.gov. Registration must include Representations and Certifications.

--End of Sources Sought Announcement--

SCHEDULE OF SERVICES

The Contractor shall furnish all personnel to provide services necessary to perform onsite Hematology/Oncology Services to eligible beneficiaries of the Department of Veterans Affairs Medical Center, NMVAHCS, Raymond G. Murphy Medical Center (hereinafter referred to as VAMC). The Contractor’s physician(s)’ care shall cover the range of Hematology/Oncology services as would be provided in a state-of-the-art civilian medical treatment facility and the standard of care shall be of a quality, meeting or exceeding currently recognized national standards as established by the American Society of Hematology and Oncology http://www.hematology.org/Clinicians/Guidelines.aspx and the American Society of Clinical Oncology (ASCO) https://www.asco.org/practice-guidelines/quality-guidelines/guidelines Place of Performance: Services shall be provided on site, VAMC Raymond G. Murphy Medical Center, 1501 San Pedro Drive SE, Albuquerque, NM, 87108 Pricing Instructions:

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

The offeror is instructed to include all other than price and cost information supporting the proposed price as directed in Instructions to Offerors addendum to 52.212-1 and/or Section D- Contract Documents, Exhibits, or attachments, VA Directive 1663.

The Contractor shall propose a minimum of 2.0 FTEE key personnel to be credentialed and be available for scheduling to meet the requirements of the contract.

One FTE is defined by VA as a minimum of 80 hours every two week per year and does not include holidays.

Base Year

Hours

KEY PERSONNEL

TITLE/LEVEL OF EXPERIENCE:

TITLE/LEVEL OF EXPERIENCE:

Hours

On-call Coverage

OPTION YEAR 1

Hours

KEY PERSONNEL

TITLE/LEVEL OF EXPERIENCE:

TITLE/LEVEL OF EXPERIENCE:

Hours

On-call Coverage

1. GENERAL:

1.1. Services Provided: The Contractor shall provide Board Certified /Board Eligible Hematology/Oncology provider Services on site in accordance with the specifications contained herein to beneficiaries of the Department of Veterans Affairs (VA) and the NMVAHCS, Raymond G. Murphy Medical Center

1.2. Place of Performance - Contractor shall furnish services at the NMVAHCS – Raymond G. Murphy Medical Center, 1501 San Pedro Drive SE, Albuquerque, NM 87108.

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

1.4. Policy/Handbooks:

1.4.1. - VA Directive 1663: Health Care Resources Contracting - Buying http://www1.va.gov/vapubs/viewPublication.asp?Pub_ID=347

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

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

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

1.4.5. - VHA Handbook 1100.19 Credentialing and Privileging - http://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=2910

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

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

1.4.8. Definitions/Acronyms- Terms used in this contract shall be interpreted as follows unless the context expressly requires a different construction and/or interpretation. In case of a conflict in language between the Definitions and other sections of this contract, the language in this section shall govern.

1.4.9. ASCO: American Society of Clinical Oncology http://www.asco.org

1.4.10. ASH: American Society of Hematology

1.4.11. ACGME: Accreditation Council for Graduate Medical Education

1.4.12. ACLS: Advanced Cardiac Life Support

1.4.13. AOD: Admitting Officer of the Day

1.4.14. BLS: Basic Life Support

1.4.15. CCNE: Commission on Collegiate Nursing Education: www.aacn.nche.edu/accreditation

1.4.16. CDC: Centers for Disease Control and Prevention

1.4.17. CDR: Contract Discrepancy Report

1.4.18. CEU: Certified Education Unit

1.4.19. CME: Continuing Medical Education

1.4.20. CMS: Centers for Medicare and Medicaid Services

1.4.21. Contracting Officer (CO) – The person executing this contract on behalf of the Government with the authority to enter into and administer contracts and make related determinations and findings.

1.4.22. Contracting Officer’s Representative (COR) – A person appointed by the CO to take necessary action to ensure the Contractor performs in accordance with and adheres to the specifications contained in the contract and to protect the interest of the Government. The COR shall report to the CO promptly any indication of non-compliance in order that appropriate action can be taken.

1.4.23. COS: Chief of Staff

1.4.24. CPARS: Contractor Performance Assessment Reporting System

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

1.4.26. Credentialing: Credentialing is the systematic process of screening and evaluating qualification and other credentials, including licensure, required education, relevant training and experience and current competence and health status.

1.4.27. DEA: Drug Enforcement Agency

1.4.28. ED: Emergency Department

1.4.29. FSMB: Federation of State Medical Boards

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

1.4.31. HHS: Department of Health and Human Services

1.4.32. HIPAA: Health Insurance Portability and Accountability Act

1.4.33. HR: Human Resources

1.4.34. ISO: Information Security Officer

1.4.35. Medical Emergency - a sudden onset of a medical condition manifesting itself by acute symptoms of sufficient severity that the absence of immediate medical attention could reasonably result in: Permanently placing a patient's health in jeopardy, causing other serious medical consequences, causing impairments to body functions, or causing serious or permanent dysfunction of any body-organ or part.

1.4.36. MOD: Medical Officer of the Day

1.4.37. National Provider Identifier (NPI): NPI is a standard, unique 10-digit numeric identifier required by HIPAA. The Veterans Health Administration must use NPIs in all HIPAA-standard electronic transactions for individual (health care practitioners) and organizational entities (medical centers).

1.4.38. NLNAC: National League for Nursing Accrediting Commission. www.nlnac.org

1.4.39. Non-Contract Provider - any person, organization, agency, or entity that is not directly or indirectly employed by the Contractor or any of its subcontractors

1.4.40. NP: Nurse Practitioner

1.4.41. NPPES: National Plan and Provider Enumeration System

1.4.42. PA: Physician Assistant

1.4.43. PALS: Pediatric Advanced Life Support

1.4.44. POP: Period of Performance

1.4.45. PPD: Purified Protein Derivative

1.4.46. PWS: Performance Work Statement

1.4.47. Privileging (Clinical Privileging): Privileging is the process by which a practitioner, licensed for independent practice; e.g., without supervision, direction, required sponsor, preceptor, mandatory collaboration, etc.; is permitted by law and the facility to practice independently, to provide specific medical or other patient care services within the scope of the individual’s license, based upon the individual’s clinical competence as determined by peer references, professional experience, health status, education, training and licensure. Clinical privileges must be facility-specific and provider-specific.

1.4.48. QA/QI: Quality Assurance/Quality Improvement

1.4.49. QM/PI: Quality Management/Performance Improvement

1.4.50. QASP: Quality Assurance Surveillance Plan

1.4.51. Veterans Health Administration (VHA): The central office for administration of the VA medical centers through throughout the United States. The VHA is located in Washington, D.C.

1.4.52. Veterans Integrated Services Network (VISN): The regional oversight for the VA medical centers.

1.4.53. VISTA (Veterans Integrated Systems Technology Architecture): A PC based system that will capture and store clinical imagery, scanned documents and other non-textual data files and integrates them into patient’s medical record and with the hospital information system.

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

1.4.55. Veterans Affairs Medical Center (VAMC): Unless identified with the name of a different VA medical Center, for purposes of this contract, this term shall mean the NMVAHCS, Raymond G. Murphy Medical Center.

2. QUALIFICATIONS:

2.1. Staff/Facility

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

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

2.1.2. Board Certification - All contract Hematology provider (s)shall be Board Certified /Board Eligible by the American Board of Internal Medicine (ABIM) in Hematology http://www.abim.org/exam/certification/hematology.aspx All contract Oncology provider(s) shall be Board Certified /Board Eligible by the American Board of Internal Medicine in Oncology http://www.abim.org/certification/exam-information/medical-oncology.aspx , and be currently certified in Basic Life Support (BLS) Advanced Cardiac Life Support (ACLS) or equivalency. All continuing education courses required for maintaining certification must be kept up to date at all times. Documentation verifying current certification shall be provided by the Contractor to the VA COR on an annual basis for each year of contract performance.

2.1.3. Credentialing and Privileging –Credentialing and privileging is to be done in accordance with the provisions of VHA Handbook 1100.19 referenced above. The Contractor is responsible to ensure that proposed provider (s) possesses the requisite credentials enabling the granting of privileges. No services shall be provided by any contract provider(s) prior to obtaining approval by the NMVAHCS Professional Standards Board, Medical Executive Board and Medical Center Director.

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

2.1.4. Technical Proficiency - Contractor’s physician(s) shall be technically proficient in the skills necessary to fulfill the government’s requirements, including the ability to speak, understand, read and write English fluently. Contractor shall provide documents upon request of the CO/COR to verify current and ongoing competency, skills, certification and/or licensure related to the provision of care, treatment and/or services performed. Contractor’s physicians shall have knowledge of professional care theories, principles, practices, and procedures to perform assignments of Oncology patient/critically ill patient population. Contractor’s physician shall demonstrate knowledge of growth and development, and pathophysiology of disease processes specific to the critical care/oncology population Contractor shall provide verifiable evidence of all educational and training experiences including any gaps in educational history for all contract provider (s)and Contractor’s physician(s)shall be responsible for abiding by the Facility's Medical Staff By-Laws, rules, and regulations (referenced herein) that govern medical staff behavior.

2.1.5. Continuing Medical Education (CME)/ Certified Education Unit (CEU) Requirements: Contractor shall provide the COR copies of current CMEs as required or requested by the VAMC. Contractor’s physician(s) registered or certified by national/medical associations shall continue to meet the minimum standards for CME to remain current. Contractor shall report CME hours to the credentials office for tracking. These documents are required for both privileging and re-privileging. Failure to provide shall result in loss of privileges for contract physician(s).

Training (ACLS, BLS, CPRS and VA MANDATORY): Contractor shall meet all VA educational requirements and mandatory course requirements defined herein; all training must be completed by the Contractor’s physician(s) as required by the VA. VA Privacy/HIPAA training must be completed within the TMS system.

Other training as required by the VA or COS

2.1.6. Standard Personnel Testing (PPD, etc.): Contractor shall provide proof of the following tests for physicians within five (5) calendar days after contract award and prior to the first duty shift to the COR and Contracting Officer. Tests shall be current within the past year.

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

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

2.1.6.3. OSHA REGULATION CONCERNING OCCUPATIONAL EXPOSURE TO BLOODBORNE PATHOGENS: Contractor shall provide generic self-study training for all contract physician (s); provide their own Hepatitis B vaccination series at no cost to the VA if they elect to receive it; maintain an exposure determination and control plan; maintain required records; and ensure that proper follow-up evaluation is provided following an exposure incident. The VAMC shall notify the Contractor of any significant communicable disease exposures as appropriate. Contractor shall adhere to current CDC/HICPAC Guideline for Infection Control in health care personnel ( as published in American Journal for Infection Control- AJIC 1998; 26:289-354 http://www.cdc.gov/hicpac/pdf/InfectControl98.pdf) for disease control. Contractor shall provide follow up documentation of clearance to return to the workplace prior to their return.

2.1.7. National Provider Identifier (NPI): NPI is a standard, unique 10-digit numeric identifier required by HIPAA. The Veterans Health Administration must use NPIs in all HIPAA-standard electronic transactions for individual (health care practitioners) and organizational entities (medical centers). The Contractor shall have or obtain appropriate NPI and if pertinent the Taxonomy Code confirmation notice issued by the Centers for Medicare and Medicaid Services (CMS) National Plan and Provider Enumeration System (NPPES) be provided to the Contracting Officer with the proposal.

2.1.8. DEA - Contractor shall provide copy of current DEA certificate.

2.1.9. Conflict of Interest: The Contractor and all Contractor’s physician(s)are responsible for identifying and communicating to the CO and COR conflicts of interest at the time of proposal and during the entirety of contract performance. At the time of proposal, the Contractor shall provide a statement which describes, in a concise manner, all relevant facts concerning any past, present, or currently planned interest (financial, contractual, organizational, or otherwise) or actual or potential organizational conflicts of interest relating to the services to be provided. The Contractor shall also provide statements containing the same information for any identified consultants or subcontractors who shall provide services. The Contractor must also provide relevant facts that show how it’s organizational and/or management system or other actions would avoid or mitigate any actual or potential organizational conflicts of interest. These statements shall be in response to the VAAR provision 852.209-70 Organizational Conflicts of Interest (Jan 2008) and fully outlined in response to the subject attachment in Section D of the solicitation document.

2.1.10. Citizenship related Requirements:

2.1.10.1. The Contractor certifies that the Contractor shall comply with any and all legal provisions contained in the Immigration and Nationality Act of 1952, As Amended; its related laws and regulations that are enforced by Homeland Security, Immigration and Customs Enforcement and the U.S Department of Labor as these may relate to non-immigrant foreign nationals working under contract or subcontract for the Contractor while providing services to Department of Veterans Affairs patient referrals;

2.1.10.2. While performing services for the Department of Veterans Affairs, the Contractor shall not knowingly employ, contract or subcontract with an illegal alien; foreign national non-immigrant who is in violation their status, as a result of their failure to maintain or comply with the terms and conditions of their admission into the United States. Additionally, the Contractor is required to comply with all “E-Verify” requirements consistent with “Executive Order 12989” and any related pertinent Amendments, as well as applicable Federal Acquisition Regulations.

2.1.10.3. If the Contractor fails to comply with any requirements outlined in the preceding paragraphs or its Agency regulations, the Department of Veterans Affairs may, at its discretion, require that the foreign national who failed to maintain their legal status in the United States or otherwise failed to comply with the requirements of the laws administered by Homeland Security, Immigration and Customs Enforcement and the U.S Department of Labor, shall be prohibited from working at the Contractor’s place of business that services Department of Veterans Affairs patient referrals; or other place where the Contractor provides services to veterans who have been referred by the Department of Veterans Affairs; and shall form the basis for termination of this contract for breach.

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

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

2.1.11. Annual Office of Inspector General (OIG) Statement: In accordance with HIPAA and the Balanced Budget Act (BBA) of 1977, the Department of Health and Human Services (HHS) Office of Inspector General (OIG) has established a list of parties and entities excluded from Federal health care programs. Specifically, the listed parties and entities may not receive Federal Health Care program payments due to fraud and/or abuse of the Medicare and Medicaid programs.

2.1.11.1. Therefore, Contractor shall review the HHS OIG List of Excluded Individuals/Entities on the HHS OIG web site at http://oig.hhs.gov/exclusions/index.asp to ensure that the proposed Contractor’s physician(s)are not listed. Contractor should note that any excluded individual or entity that submits a claim for reimbursement to a Federal health care program, or causes such a claim to be submitted, may be subject to a Civil Monetary Penalty (CMP) for each item or service furnished during a period that the person was excluded and may also be subject to treble damages for the amount claimed for each item or service. CMP’s may also be imposed against the Contractor that employ or enter into contracts with excluded individuals to provide items or services to Federal program beneficiaries.

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

2.2. Clinical/Professional Performance: The qualifications of Contractor personnel are subject to review by VA Medical Center COS or his/her clinical designee and approval by the Medical Center Director as provided in VHA Handbook 1100.19. Clinical/Professional performance monitoring and review of all clinical personnel covered by this contract for quality purposes will be provided by the VAMC COS and/or the Chief of the Service or his designee. A clinical COR may be appointed, however, only the CO is authorized to consider any contract modification request and/or make changes to the contract during the administration of the resultant contract.

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

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

2.5. Prohibition against Self-Referral: Contractor’s physicians are prohibited from referring VA patients to contractor’s or their own practice(s).

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

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

2.7.1. Workers’ compensation

2.7.2. Professional liability insurance

2.7.3. Health examinations

2.7.4. Income tax withholding, and

2.7.5. Social security payments.

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

2.9. Key Personnel:

2.9.1. The VA Full Time Equivalency (FTE) for the services required is 2.0 FTE is defined by VA as a minimum of 80 hours every two weeks and does not include holidays.

2.9.2. The minimum number of Board Certified /Board Eligible Hematology/Oncology providers required to be on site on a daily basis is 2 as defined in paragraph Hours of Operation in this section.

2.9.3. The Contractor shall be responsible for providing coverage to the VA during periods of vacancies of the Contractor’s personnel due to sick leave, personal leave, vacations and additional coverage as required. In the event a scheduled physician is unable to complete an assigned shift, the contractor shall provide replacement physician coverage within 2 hours and notify the Contracting Office Representative (COR) at the NMVAHCS, Raymond G. Murphy Medical Center, Hematology/Oncology department immediately of the schedule change.

2.9.4. Personnel Substitutions: During the first ninety (90) calendar days of performance, the Contractor shall make NO substitutions of key personnel unless the substitution is necessitated by illness, death or termination of employment. The Contractor shall notify the CO, in writing, within 30 calendar days after the occurrence of any of these events and provide the information required below. After 90 days, the Contractor shall submit the information required below to the CO at least 14 calendar days prior to making any permanent substitutions.

2.9.4.1. The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the CO. Proposed substitutes shall have comparable qualifications to those of the persons being replaced. The CO will notify the Contractor within 7 calendar days after receipt of all required information of the decision on the proposed substitutes. The contract will be modified to reflect any approved changes of key personnel.

2.9.4.2. For temporary substitutions where the key person shall not be reporting to work for three (3)

2.9.4.3. consecutive workdays or more, the Contractor shall provide a qualified replacement for the key person. The substitute shall have comparable qualifications to the key person. Any period exceeding two weeks will require the procedure as stated above.

2.9.4.4. The Government reserves the right to refuse acceptance of any Contractor personnel at any time after performance begins, if personal or professional conduct jeopardizes 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 conduct resulting in formal complaints by patient or other staff members to designated Government representatives. Standards for conduct shall mirror those prescribed by current federal personnel regulations. Should the VA COS or designee show documented clinical problems or continual unprofessional behavior/actions with any Contractor’s physician (s), s/he may request, without cause, immediate replacement of said Contractor’s physician (s). The CO and COR shall deal with issues raised concerning Contractor’s physician (s) conduct. The final arbiter on questions of acceptability is the CO.

2.9.4.5. Contingency Plan: Because continuity of care is an essential part of VAMC’s medical services, The Contractor shall have a contingency plan in place to be utilized if the Contractor’s physician (s) leaves Contractor’s employment or is unable to continue performance in accordance with the terms and conditions of the resulting contract.

3. VA HOURS OF OPERATION/SCHEDULING

3.1. VA Business Hours: VA Hematology/Oncology onsite coverage is Monday through Friday 8:00 am to 4:30 pm with on-call coverage 4:30 pm to 8:00 am. All Government Holidays and weekends shall be covered by 24 hour on-call coverage.

3.2. Clinic VA Hematology/Oncology clinic hours are Monday through Friday 8:00 am to 4:30 pm

3.2.1. Patients must be seen by a Contractor’s physician(s) on-site at NMVAHCS, Raymond G. Murphy Medical Center in a timely manner in accordance with VA Rules and Regulations on clinic wait times and consult completion. Contractor shall notify the COR at least monthly about any obstacles to meeting this performance measure.

3.2.2. Contractor’s physician(s) shall be available and present in clinic during normal Raymond G. Murphy Medical Center Hematology/Oncology clinic hours, which will be established, and may be revised, as deemed appropriate for patient care by the Chief of Staff. Currently, normal clinic hours are Monday through Friday 8:00 am to 4:30 pm.

3.2.3. Off-hours Coverage: Contractor must make the Contractor’s physician(s) available on-call during all hours when the Hematology/Oncology clinic is closed, including evenings, weekends and holidays. On-call coverage shall be 4:30 pm to 8:00 am. Monday through Friday. All Government Holidays and weekends shall be covered by 24 hour on-call coverage.

3.2.3.1. On-call Contractor’s physician(s) must be available at all times for phone consultations with VA residents and physicians.

3.2.3.2. Patients must be seen within 30 minutes of the page when medically indicated.

3.3. Federal Holidays: The following holidays are observed by the Department of Veterans Affairs:

· New Year’s Day

· President’s Day

· Martin Luther King’s Birthday

· Memorial Day

· Juneteenth

· Independence Day

· Labor Day

· Columbus Day

· Veterans Day

· Thanksgiving

· Christmas

· Any day specifically declared by the President of the United States to be a national holiday.

3.4. Cancellations: Any cancellation of coverage by a contracted physician will require the Contractor to communicate a plan to adjust coverage to another contracted physician to lessen the impact on the patient. The Contractor shall communicate this plan to the Chief of Medicine and the COR to adjust coverage with details of changes to the plan of care for patients.

3.4.1. Unless a state of emergency has been declared or clinics are otherwise cancelled by the VAMC, the Contractor shall be responsible for providing services.

4. CONTRACTOR RESPONSIBILITIES

4.1. Clinical Personnel Required: The Contractor shall provide contractor’s physician(s) who are competent, qualified per this performance work statement and adequately trained to perform assigned duties.

4.1.1. Contractor’s physician (s) shall be responsible for signing in and out when in attendance. Time sheets will be used by the COR to confirm hours/day and services provided against the contractor’s invoices.

4.2. Standards of Care: The contract physician (s)’ care shall cover the range of Hematology/Oncology services as would be provided in a state-of-the-art civilian medical treatment facility and the standard of care shall be of a quality, meeting or exceeding currently recognized TJC, VA and national standards as established by:

4.2.1. American Society of Hematology http://www.hematology.org/Clinicians/Guidelines.aspx

4.2.2. American Society of Clinical Oncology (ASCO) https://www.asco.org/practice-guidelines/quality-guidelines/guidelines

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

4.2.4. The professional standards of the Joint Commission (TJC) http://www.jointcommission.org/standards_information/standards.aspx

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

4.2.6. The requirements contained in this PWS

4.3. MEDICAL RECORDS

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

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

4.3.3. Disclosure: Contract provider(s) may have access to patient medical records: however, Contractor shall obtain permission from the VA before disclosing any patient information. Subject to applicable federal confidentiality or privacy laws, the Contractor, or their designated representatives, and designated representatives of federal regulatory agencies having jurisdiction over Contractor, may have access to VA‘s records, at VA’s place of business upon written request submitted and approved in advance per COR, Privacy Officer, Chief HIMS review/approval as requested during normal business hours, to inspect and review and make copies of such records only as allowed under federal requirements. The VA will provide the Contractor with a copy of VHA Handbook 1907.1, Health Information management and Health Records and VHA Handbook 1605.1, Privacy and Release of Information. The penalties and liabilities for the unauthorized disclosure of VA patient information mandated by the statutes and regulations mentioned above, apply to the Contractor.

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

4.3.5. Release of Information: The VA shall maintain control of releasing any patient medical information and will follow policies and standards as defined, but not limited to Privacy Act requirements. All requests for copies of the patient medical record will be forwarded to the Release of Information Section at the following address:

4.3.6. The following standard items relate to records generated in executing the contract and should be included in a typical Electronic Information Systems (EIS) procurement contract:

4.3.6.1. Citations to pertinent laws, codes and regulations such as 44 U.S.C. chapters 21, 29, 31, and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228.

4.3.6.2. Contractor shall treat all deliverables under the contract as the property of the U.S. government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

4.3.6.3. Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records.

4.3.6.4. Contractor shall not retain, use, sell, or disseminate copies of any deliverables that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act.

4.3.6.5. Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.

4.3.6.6. The Government Agency owns the rights to all data/records produced as part of this contract.

4.3.6.7. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

4.3.6.8. Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.].

4.3.6.9. No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.

4.3.6.10. Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, this contract. The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.

4.4. Direct Patient Care estimated: 95% of the time involved in direct patient care.

4.4.1. Per the qualification section of this PWS, the Contractor shall provide the following staff:

4.4.1.1. Board Certified /Board Eligible Hematologist/Oncologist Scope of Care: Contractor’s physician(s) (as appropriate and within scope of practice/privileging) shall be responsible for providing Hematology/Oncology care, including, but not limited to: Serve as the attending for inpatient, outpatient, and consultation services. Perform evaluations involving complete history and physical examinations and the ordering of laboratory studies relevant to the patient’s medical problem. Supervise and assist midlevel providers and ancillary health personnel in their evaluation and management of patients. Perform acquisition of material from all orifices from venous blood, fluid collection, localized abscesses presenting to the skin. Perform arterial puncture and bone marrow biopsies. Perform peer reviews as requested. Services would also include taking call, and attending Tumor Board/Cancer Committee meetings. Services will be rendered in the following patient care areas: Outpatient Hematology/Oncology Clinic and Continuous Infusion Unit, consultative services in other inpatient areas of the medical center, i.e. Emergency Room, Intensive Care Units, Telemetry/Step-Down Units, General Medicine Ward and General Surgical Ward.

4.4.1.2. Clinic and Surgical Care: Contractor’s physician(s) shall provide clinical Hematology/Oncology services. Contractor’s physician(s) shall be present on time for any scheduled clinics as documented by physical presence in the clinic at the scheduled start time.

4.4.1.2.1. Approximate case load is as follows:

Hematology/Oncology Clinic runs approximately 7.5 hours per day Monday through Friday with one (1) hour appointments for new patients and thirty (30) minutes for follow up patients. Schedule may reflect any combination of new and/or follow up patient appointments. Additionally, the Contractor may be required to evaluate patients and prescribe treatments in the Chemo Infusion Unit.

4.4.1.2.2. Contractor’s physician(s) shall provide comprehensive clinical Hematology/Oncology services. Typical procedures include but are not limited to: Perform acquisition of material from all orifices from venous blood, fluid collection, localized abscesses presenting to the skin. Perform arterial puncture and bone marrow biopsies. Typical procedures include, but are not limited to:

NOTE: CPT Codes provided for reference only. Not for billing purposes. Billing shall be in in accordance with the schedule of services.

4.4.1.2.3. Incumbents will be on-call weeknights (one to two weeks per month), weekends/48 hour period (one to two weekends per month) and rotating holidays.

4.4.1.2.4. Contractor’s physician(s) shall provide consultative services at the patient’s bedside if the patient is not ambulatory and, in the clinic, setting if the patient is able to report to the outpatient clinic. Procedures shall be scheduled for completion within 30 days of the date of the consult.

4.4.1.3. Medications: Contractor’s physician(s) shall follow all established medication policies and procedures. No sample medications shall be provided to patients.

4.4.1.4. Discharge education: Contractor’s physician(s) shall provide discharge education and follow up instructions that are coordinated with the next care setting for all Hematology/Oncology clinical patients.

4.4.2. ADMINISTRATIVE: estimated 5% of time not involved in direct patient care

4.4.2.1. Quality Improvement Meetings: The Contractor’s physician(s)shall participate in continuous quality improvement activities and meetings with committee participation as required by the VAMC Chief of Service, Chief of Staff, or designee.

4.4.2.2. Staff Meetings: The Contractor’s physician(s)shall attend staff meetings as required by the VAMC Chief of Service, Chief of Staff, or designee. Contractor to communicate with COR on this requirement and report any conflicts that may interfere with compliance with this requirement.

4.4.