36C26224Q1330.docx

SUBJECT*

Contracted MOHS Histotechnicians

GENERAL INFORMATION

SET-ASIDE

Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815

POINT OF CONTACT*

Contract Specialist Ben Bayoneta benjumar.bayoneta@va.gov

PLACE OF PERFORMANCE

POSTAL CODE

COUNTRY

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

AGENCY CONTACT’S EMAIL ADDRESS

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DESCRIPTION

Sources Sought Notice Number 36C26224Q1330 MOHS HISTOTECHNICIANS

This is not a solicitation announcement. This is a sources sought notice only. The purpose of this notice is to gain knowledge of potential qualified sources and their size classification (GSA Schedule Holder, HUBZone, 8(a), small business, small disadvantage, veteran owned, women owned or service- disabled veteran owned small business relative to NACIS 561320 Temporary Health Services, FSS SIN 621-046 Histotechnologist, PSC: Q301 Medical-Laboratory Testing Responses to this notice will be used by the Government to make appropriate acquisition decisions. After review of the responses to this sources sought notice, a solicitation announcement may be published on the Contract Opportunities website.

Responses to this source sought notice are not considered adequate responses to the solicitation announcement. All interested offerors must respond to the solicitation announcement in addition to responding to this sources sought announcement.

The Veterans Affairs, Network Contracting Office, is seeking sources to provide the following service at VA Los Angeles Healthcare System (VALAHCS),11301 Wilshire Blvd, Bldg. 500, Los Angeles, CA 90073.

If you are interested, and capable of providing the required services, please provide the requested information as indicated below. Response to this notice should include company name, address, phone number, Unique Entity ID (UEI), and point of contact, size of business pursuant to the following questions:

(1) Is your business small

(2) If small, does your firm qualify as a small, emerging business, or small disadvantaged business?

(3) If disadvantaged, specify under which disadvantaged group and if your firm is certified under Section (8(a) of the Small Business Act?

(4) Is your firm a certified “Hubzone” firm?

(5) Is your firm a woman-owned or operated business?

(6) Is your firm a certified service-disabled veteran owned small or veteran owned small business?

(7) Capability statement that addresses the organization’s qualifications and ability to perform as a contractor specifically for the work described in the attached DRAFT excerpt of the Performance Work Statement (PWS). 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 services to that described in the attached DRAFT PWS.

Capability statement shall specify the following item:

· Have you been a Prime Contractor in providing medical services described in in the Draft PWS below? If so, please provide detailed information describing the services you provided, and where these services were provided. If these services were provided under contract, identify the organization for whom you provided these services and provide the contact information for someone from that organization who can verify your contract with that organization. For each reference, provide information regarding the number of MOHS Histotechnicians provided.

Responses to this notice shall be e-mailed to the attention of Ben Bayoneta at: benjumar.bayoneta@va.gov. Telephone responses will not be accepted. Responses must be received in writing no later than 10:00 AM PDT on Friday June 28, 2024.

This notice is to assist the VA in determining sources only. A solicitation is not currently available. If a solicitation is issued it will be announced later, and all interested parties must respond to that solicitation announcement separately from the responses to this announcement. Responses to this sources sought is not a request to be added to a prospective bidders list or to receive a copy of the solicitation.

PLEASE see attached DRAFT Performance Work Statement (PWS) for details.

Sources Sought Notice Sources Sought Notice

Sources Sought Notice

CONTRACTED MOHS HISTOTECHNICIANS

1. BACKGROUND. Mohs Histotechnicians process slides used to determine amounts of tissue removed during Mohs micrographic surgical procedures used to treat skin cancer. Mohs Histotechnicians are a vital part of the surgical process and are essential to successful surgical outcomes.

2. GENERAL. Contracted Mohs Histotechnicians are needed by VA Greater Los Angeles Healthcare System (VAGLAHS) to perform slide preparations, grossing and fixation, processing embedding, and sections and staining. Additionally, Contracted Mohs Histotechnician candidates are required to prepare and process tissue samples/specimens extracted during surgery for pathology, physician analysis and interpretation on an as-needed basis.

3. LOCATION. VA Greater Los Angeles Healthcare System (VAGLAHS), Dept. of Dermatology Mohs Micrographic Surgery Program located at 11301 Wilshire Blvd, Building 500, Los Angeles, CA 90073.

4. QUALIFICATION REQUIREMENTS. Contracted Mohs Histotechnician candidates shall have a minimum of one (1) year hands-on Mohs frozen section training. The contractor shall ensure that the technicians are ready with annual review of their staining/labeling/processing documented before working independently. Only Mohs Histotechnician candidates approved by VAGLAHS shall be allowed to perform under the resultant contract. If a Contracted Mohs Histotechnicians’ technical skills are deemed deficient by the VA Medical Center’s Mohs surgeon (e.g., slow slide preparation or poor-quality sectioning), the contractor shall be prepared to supply another contracted Mohs Histotechnician.

The contracted Mohs Histotechnician shall possess the following qualification requirements:

5. PRINCIPAL DUTIES AND RESPONSIBILITIES. Contracted Mohs Histotechnicians are required to prepare and process tissue samples and specimens extracted during surgery for pathology/physician analysis/interpretation. Contracted Mohs Histotechnician shall advise pathology on histopathology test results, resolve sectioning and staining problems, explain and gain acceptance of selected methodologies, and obtain agreement on technical points and methods. Contracted Mohs Histotechnicians shall also obtain and maintain equipment and supplies, and coordinate schedules.

(1) Note:

i. The Contractor shall provide all equipment, uniforms, and supplies needed for Contracted Mohs Histotechnicians to perform their duties. This includes contractor-furnished cryostat when a need is identified.

ii. Contracted Mohs Histotechnicians shall be authorized to use government-furnished cryostats of Mohs frozen sectioning after a competency of use has been determined and certified by the VHGLAHS Biomedical Section of Facilities Management Service.

6. SCOPE OF WORK. Contracted Mohs Histotechnicians are expected to perform a variety of duties involving diverse and complex technical or administrative problems and consideration (e.g., evaluating, refining, implementing new methods and procedures for specimen collection and preparation, reagent preparation, inventory and control, instrumentation/equipment maintenance and safety, calibration/correlation considerations, quality assurance, establishing standards of acceptance and performance, and meeting internal and external polices/regulations).

(1) Assignments involve complicating factors (e.g., unusual or unexpected results, errors, and discrepancies or lack of adequate information about the use and capabilities of new instruments or methodologies).

(2) The services provided by the contracted Mohs Histotechnicians are critical to the accuracy and proficiency of VA Dermatology Surgery Services, and the ability of VA medical staff to meet the needs of proper and optimal Veteran-patient care.

7. TECHNICAL RESPONSIBILITIES: Mohs Histotechnicians shall be responsible for handling, orienting, and sectioning tissue to provide multiple frozen sections which are critical elements of Mohs procedures. These are specialized frozen sections which require unique training, skill, and experience. On occasion, the Mohs surgeon may request the Mohs Histotechnician to prepare specimens in the Mohs fashion for submission to VA pathology for permanent tissue evaluation.

(1) Mohs Histotechnicians shall set up and monitor record-keeping systems and effective quality control procedures, including examining slides for staining, sectioning quality, and appropriate processing of specimens. This includes preparation of the tissue cassette, and a label and jar for all specimens which are transferred to the VA facility’s pathology dept. for permanent storage.

(2) In an instance when the Mohs service uses a VA supplied cryostat, the contracted Mohs Histotechnicians shall be responsible for Quality Assurance (QA) control and cleaning of the cryostat machine, including weekly temperature documentation, periodic cleaning and sterilization, and interaction with biomedical dept. for any technical or maintenance needs.

(3) Mohs Histotechnicians shall evaluate, modify, or adapt to new methods or revise standard techniques to improve or expand accuracy precision, and quality of sectioning and storing.

(4) Mohs Histotechnicians shall advise a course of action to follow when sections are deemed unacceptable.

(5) Mohs Histotechnicians shall examine functions of instruments, recheck conditions of instrument performance, and evaluate reaction systems and/or procedural techniques utilized. If faulty, the Contracted Mohs Histotechnician shall determine a course of corrective action.

8. PHYSICAL DEMANDS.

(1) Contracted Mohs Histotechnicians shall possess the physical ability for regular and recurring physical exertion (e.g., long periods of standing, bending, reaching for supplies or materials, lifting moderately heavy items such as staining chemicals and slides, and occasional heavier items).

(2) Contracted Mohs Histotechnicians may be required to work under the stated conditions well beyond four (4) continuous hours on any given day (e.g., an unusually difficult case).

(3) Contracted Mohs Histotechnicians shall be free of any health issues or physical disabilities that may interfere with the performance of contractual duties.

9. HEALTH REQUIREMENTS.

(1) Contracted Mohs Histotechnician candidates shall not perform services under this contract unless a pre-assignment medical examination has been performed within 30 calendar days of his/her first scheduled shift. Pre-assignment medical examinations shall be the responsibility of the Contractor at no cost to the Government.

(2) As a condition of employment, Occupational Safety and Health Administration (OSHA) requires all Contractor candidates who will have occupational exposure to blood, other body fluids, or other potentially infectious materials, shall receive Hepatitis B vaccine, sign a voluntary declination or have documented proof of immunity to Hepatitis B infection. The immunization shall be the responsibility of the Contractor at no cost to the Government.

(3) Contractor candidates having patient contact or exposure to biological or pathological specimens shall be immunized against, be granted an immunization waiver or have documented proof of immunity to rubella, mumps, polio and Hepatitis B. In addition, Contractor candidates shall be free of infectious diseases (i.e., Tuberculosis and Viral Hepatitis) that may reasonably be expected to place other workers, Veteran-patients or the public at risk.

(4) The Contractor shall provide the Government with all the information necessary to ensure that Government records are maintained correctly and in compliance with Joint Commission, OSHA, and the Center for Disease Control health records requirements—for each individual Contractor employee working on the contract.

(5) The Contractor shall provide the Contracting Officer Representative (COR) with certification that Contracted Mohs Histotechnician candidates have completed the medical evaluation (required above in section 9.1 of the PWS) a minimum of five (5) working days prior to performance of the resultant contract.

i. This certification shall state: the date that the examination was completed; the doctor’s name that performed the examination; a statement concerning the physical health of the individual; and the following statement: [Name of Contractor employee] is suffering from no contagious diseases to include, Tuberculosis, and Hepatitis.

(6) The Government may take nose and throat cultures from Contracted Mohs Histotechnician candidates when required by Government Infection Control Committees (ICC).

(7) If contracted Mohs Histotechnicians have been deemed medically unfit for providing services required under the resultant contract, they shall be required to discontinue working immediately. Contracted Mohs Histotechnician will not return to work at a VA medical center until given clearance by the appropriate physician.

(8) The Government will provide emergency health care for injuries sustained while on duty for the contracted Mohs Histotechnician personnel. These services will be billed to the Contractor at the current full reimbursement rate.

10. IMMUNIZATION WAIVER/EXEMPTIONS. Waivers and exemptions may be granted in accordance with VA regulations and Medical Staff Bylaws.

11. ON-BOARDING REQUIREMENTS. On-boarding of Contracted Mohs Histotechnicians shall be coordinated by the Contractor with the COR or his/her designee. The Contractor shall submit the resume of any new Contracted Mohs Histotechnician candidate when requested by the COR, and the Contractor shall make proposed Contracted Mohs Histotechnician candidates available for interview by the Dept. of VA program office.

12. NON-ACCEPTANCE OF CONTRACT PERSONNEL. The Contractor shall ensure that all proposed contracted Mohs Histotechnician candidates have met the qualifying criteria, including experience, competency, and valid certificates. Ultimately, the decision to accept or reject Contracted Mohs Histotechnician candidates rests with the Dept. of VA. Non-acceptance of contracted Mohs Histotechnician candidates does not relieve the Contractor from satisfying and fulfilling contract requirements.

13. REPLACEMENT OF CONTRACT PERSONNEL. The Contractor shall provide scheduled services throughout the resultant contract period(s). In the event of a contracted Mohs Histotechnician candidate’s absence for any reason, the Contractor shall coordinate an alternate with the VA Healthcare Facility Surgeon or designee/representative.

14. STANDARD OF CONDUCT.

(1) The Government reserves the right to refuse acceptance of Contracted Mohs Histotechnicians candidates whose personal or professional conduct jeopardizes patient care or interferes with the regular and ordinary operation of the VA facility. Breaches of conduct include intoxication or debilitation resulting from alcohol or drug use, theft, patient abuse, dereliction or negligence in performing directed tasks, or other abuse or 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.

(2) Complaints concerning contracted Mohs Histotechnicians’ conduct with Government employees or patients will be managed by the Contractor and COR. The Contracting Officer (CO) is the final authority on validating complaints. If Contracted Mohs Histotechnician candidates are involved and named in a validated complaint, the Government reserves the right to refuse acceptance of the services of such candidates.

(3) This does not preclude refusal in the event of incidents involving physical or verbal abuse. The final arbiter on questions of acceptability is the CO.

(4) The Contractor shall not employ persons for work on this contract if an employee is identified to the Contractor as a potential threat to the health, safety, security, general well-being or operational mission of the VAGLAHS and its population.

(5) All Contractor personnel shall observe the rules and regulations of the VA facility such as:

i. Smoking is permitted only in designated areas as posted;

ii. Parking is only permitted in areas designated as Visitor Parking Lots, by the COR or otherwise directed by the Police and Security Service personnel.

15. 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 Dept. of Veterans Affairs, unless such person seeks and receives approval in accordance with VA Regulations. Nor shall the Contractor employ any person, who as a member would create a conflict of interest or the appearance of a conflict of interest, particularly regarding the influence of contract negotiations or terms of the contract. In any such case, the Dept. of VA must review the matter and give approval in accordance with agency ethics rules.

16. CONTRACTOR LIAISON. The Contractor shall designate one (1) employee who shall be responsible for the performance of the work under this contract. The liaison shall have full authority to act for the Contractor on all matters relating to the daily operation of this contract. The liaison may be a contracted health care provider performing under the resultant contract. An alternate may be designated, but the Contractor shall identify in writing those times when the alternate shall act as the liaison.

17. EMERGENCIES OR COMPLICATIONS. All accidents, malfunctions, and injuries or deaths related to the delivery of services shall be immediately reported verbally to the designated 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 designated COR, this will be done within three (3) working days of the verbal report.

18. ALTERNATE SOURCES.

(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 more than the amount that would have been incurred by the contract.

(2) A copy of the alternative source’s time sheet or other verifiable documentation shall be used as the basis for any reimbursement.

19. IDENTIFICATION BADGE.

(1) An identification (ID) badge will be issued by the appropriate VA medical center to Contracted Mohs Histotechnician candidates providing services to Veteran beneficiaries. The appropriate ID badge shall always be worn while on Government facility grounds and clearly displayed on the outermost garment (e.g., laboratory coat, jacket, sweater, shirt, or blouse).

(2) All Contracted Mohs Histotechnician personnel are required to wear ID Badges the entire time while on VA campus/facility/grounds. ID Badges shall have an identification picture and shall state in English the name of the individual and the company represented.

(3) All Contracted Mohs Histotechnician personnel are required to check into the facility Police & Security office at each visit to pick up a “Contractor” badge prior to contacting the COR.

20. PERSONAL HYGIENE AND CLOTHING. Contracted Mohs Histotechnician candidates shall be neat, clean, well-groomed, and shall otherwise exercise good personal hygiene. Appropriate and professional attire shall always be worn while on duty. Furthermore, a laboratory style coat shall be worn over scrubs when Contracted Mohs Histotechnician candidates are not performing duties in a clinical examination area, operating or procedure rooms. Medical scrubs are not to be worn outside the facility.

21. GOVERNMENT TRAINING AND ORIENTATION.

(1) The Dept. of VA will provide a briefing to familiarize Contracted Mohs Histotechnician candidates on VA policies and procedures on the first scheduled duty day or within a period acceptable to the Dept. of VA.

(2) The Contractor shall ensure that all Contracted Mohs Histotechnicians candidates 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.

(3) DRUG SCREENING. Contracted Mohs Histotechnician candidates are subject to random drug testing. Candidates are also subject to drug testing when there is a reasonable suspicion a candidate is using or are impaired by illegal drugs while on duty. Reasonable suspicion of drug use or impairment includes, but is not limited, to the following:

(4) Observable phenomena, such as direct observation of drug use, possession or the physical symptoms of being under the influence of a drug;

(5) A pattern of abnormal conduct or erratic behavior;

(6) Arrest or conviction for a drug-related offense or the identification of Contracted Mohs Histotechnician candidate as the focus of a criminal investigating into illegal drug possession, use, or trafficking;

(7) Information provided either by reliable and credible sources or independently corroborated, or;

(8) Newly discovered evidence that the Contracted Mohs Histotechnician candidate has tampered with a previous drug test.

22. ADMINISTRATIVE FUNCTIONS AND ATTENDANCE AT MEETINGS. If, and when requested by the Government, Contracted Mohs Histotechnician candidates shall perform services to include, but not limited to, attendance and participation in meetings, professional staff conferences, other appropriate professional activities, assist with Performance Improvement activities, and interface with the VA Chief Medical Officer or designee.

23. PATIENT SENSITIVITY. Contracted Mohs Histotechnician candidates shall respect and maintain the basic rights of patients, demonstrating concern for personal dignity and human relationships.

24. CONTRACTOR PERFORMANCE MONITORING.

(1) Monitoring Contractor performance shall be demonstrated through clinical and administrative record reviews and through patient satisfaction surveys. The COR will be responsible for verifying Contractor compliance. After contract award, any incidents of Contractor noncompliance as evidenced by the monitoring procedures or by failure to supply required documentation shall be forwarded immediately to the CO.

(2) The Contractor shall maintain an adequate record system for recording services, listing servicing providers, charges, Comprehensive Procedure Tracing (CPT) codes applicable, patient identification, service dates and all other commonly accepted information elements for services rendered to patients pursuant to this contract. Such records as are necessary for the evaluation of the quality, appropriateness and timeliness of services performed under this contract.

25. MEDICAL RECORDS. Clinical records or other medical records of VA Veteran-patients treated by the Contractor under the resultant contract are VA records. Contracted Mohs Histotechnician candidates 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 Dept. of VA, shall not have access to the records unless necessary to perform 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 contractual duty for which access was obtained.

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

(1) Contractor shall take reasonable measures to ensure patient privacy and confidentiality. The Contracted Mohs Histotechnician candidates herein agree to take all reasonable precautions to safeguard patient information from unauthorized access or modification, in both electronic and hard-copy formats. This includes not only electronic security measures such as “strong” user passwords on computer systems, but also physical barriers to prevent unauthorized use of computer workstations; that hard copy patient files are in secured lockable areas, that files are in lockable cabinets, that the cabinets can in fact be locked (e.g., 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.

(2) Contracted Mohs Histotechnician candidates shall ensure no patient information of any type is given to outside parties, agencies, or organizations of any type without the expressed written consent of the Veteran-patient and the VA, and only in capacities directly related to the provision of the services contracted in this instrument. Only the minimum necessary Veteran- patient information is used to provide appropriate service to the correct Veteran-patient. The Contractor is subject to the same penalties and liabilities for unauthorized disclosures of such records as VA personnel.

(3) The undersigned understands that all parties are bound by the requirements of the “Health Insurance Portability and Accountability Act of 1996” which provides guidance on the protection of patient privacy and confidentiality. This Act mandates that all government agencies and those bodies with whom they contract shall comply with the directives of the Act. Details of the Act are still under development by the Congress of the United States. Once these detailed directives are released, this current contract may require a modification to comply—depending on the effective date of the Act as decided by the Congress and President of the United States.

(4) Contracted Mohs Histotechnician candidates shall participate in PI/Risk Management activities to the extent required by the Dept. of VA. Contracted Mohs Histotechnician candidate’s specific activity data must be submitted by the Contractor to the COR upon request. The Government shall evaluate the Contracted Mohs Histotechnician candidate’s professional (differentiated from administrative) performance under the resultant contract using quality assurance standards specified in VA Regulations, Joint Commission Standards, and specific VA Station Memorandums.

27. QUALITY ASSURANCE AND PERFORMANCE MONITORING. Contracted Mohs Histotechnician candidates will be held to the same standard as Dept. of VA personnel through quality assurance and performance monitoring to ensure compliance under the resultant contract. These procedures will include time and attendance logs verification, monitoring of the Computerized Patient Record System (CPRS) records or other appropriated records utilized. The Quality Assurance and Performance Monitoring will be governed by the appointed COR responsible for verifying compliance with the terms and conditions of the resultant contract. After the contract is awarded, any incidents as evidenced by the monitoring procedures will be forwarded immediately to the CO. In addition, the COR will forward the summary evaluation of the Contractor performance to the CO once the performance period concludes.

28. THE JOINT COMMISSION (TJC).

(1) Contractor Mohs Histotechnician candidates shall be subject to the same quality assurance standards by meeting or exceeding current recognized National Standards as established by TJC. Copies of the quality assurance standards are on file with the Dept. of VA and will be available to the Contractor upon request. The Contractor shall perform services in accordance with the ethical, professional, and technical standards of the healthcare industry consistent with VA policy, regulations, and procedures. The Contracted Mohs Histotechnician candidates provided by the Contractor shall be technically proficient in the skills necessary to fulfill the Government’s requirements, including the ability to speak, understand, and read and write English fluently. Contracted Mohs Histotechnician candidates shall comply with all procedures in accordance with applicable VHALON written policies, procedures, Bylaws of the Medical Staff, and established protocols. Copies of the Bylaws will be available to all Contracted Mohs Histotechnician candidates; copies of the Bylaws are given through the Dept. of VA. The Contractor shall not introduce new procedures or services without prior recommendation to and approval of the Chief of Staff (COS), the COR, and through the CO.

(2) The Contractor is required to maintain records that document the competence/performance level of Contracted Mohs Histotechnician employees working on the resultant contract in accordance with the Joint Commission 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 contract award or upon request for each Contracted Mohs Histotechnician employee working on the resultant contract.

(3) Where the resultant contract does not require Joint Commission Accreditation or other regulatory body requirements, the Contractor must perform the required work in accordance with Joint Commission Accreditation standards. A copy of these standards may be obtained from the Joint Commission, One Renaissance Blvd., Oakbrook Terrace, IL 60181.

29. HEALTH AND HUMAN SERVICES - OFFICE OF INSPECTOR GENERAL (HHS/OIG) REQUIREMENTS. To ensure that the individuals providing services under this contract have not engaged in fraud or abuse, (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 Contracted Mohs Histotechnician providing services under the resultant contract. Furthermore, the Contractor is required to certify in its proposal that all candidates listed in the Contractor’s proposal have been compared against the OIG list and are NOT listed. During the performance of the resultant contract, the Contractor is prohibited from using any individual or business listed on the List of Excluded Individuals/Entities.

30. CONTINUING MEDICAL EDUCATION (CME) REQUIREMENTS. Contracted Mohs Histotechnician candidates registered by national associations shall continue to meet the minimum standards for CME & VHALON Bylaws and Rules to remain current as prescribed by legal requirements. CME is the sole responsibility of the Contractor and shall be obtained at no additional cost to the Government and shall be reported to the COR on the first normal duty day for the previous calendar year. Periodic CME may be conducted at a Dept. of VA facility and may be available at no cost to Contracted Mohs Histotechnician personnel.

31. EVIDENCE OF INSURANCE COVERAGE. Before commencing work under the resultant contract, the Contractor shall furnish certification to the CO that insurance coverage required (General & Professional Liability as well as Workers Compensation) has been obtained and such policy shall state, “This policy may not be changed or cancelled without written notice to the VA Contracting Officer, VA Network-22 Contracting Office, 4811 Airport Plaza Drive, Suite 600, Long Beach, CA 90815.” Said policy must bear an appropriate “loss payable clause’’ to the United States as its interest may appear. Such evidence of insurance will not be waived.

32. INSURANCE REQUIREMENTS.

(1) The Contractor agrees to procure and maintain, while the contract is in effect, Workers Compensation and Employee’s Public Liability Insurance.

(2) Contractors are required to comply with applicable Federal and State worker’s compensation and occupational disease statutes.

(3) If occupational diseases are not compensable under those statutes, Contract employees shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage.

(4) Employer's liability coverage of at least $100,000.00 shall be required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(5) General liability.

i. The CO shall require bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000.00 per occurrence.

ii. Property damage liability insurance shall be required only in circumstances as when work is done on the Government facility.

(6) Before commencing work under the resultant contract, the CO shall require the Contractor to furnish certification from its insurance company indicating that the coverage specified herein has been obtained and that it may not be changed or canceled without a guaranteed thirty (30) days’ notice to the CO in writing.

(7) The Government shall be held harmless against any or all loss, cost, damage, claim expense or liability whatsoever, because of accident or injury to persons or property of others occurring in the performance of this contract.

(8) The Contractor shall be responsible for all damage to property, which may be done by him, or any employee engaged in the performance of this contract.

33. CONTRACTED MOHS HISTOTECHNICIAN CANDIDATE POLICY. The Contractor shall assume full responsibility protecting Contracted Mohs Histotechnician candidates furnishing services under the resultant contract.

(1) To carry out this responsibility, the Contractor shall provide the following to the personnel:

i. Worker’s compensation;

ii. Professional liability insurance;

iii. Health examinations;

iv. Income tax withholdings, and;

v. Social Security withholdings.

vi. 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 Contracted Mohs Histotechnician employees. Such employees shall not be considered VHALON or Dept. of VA employees for any purpose and shall only be considered employees of the Contractor. There is no employer-employee relationship between the VA and the Contractor or the Contractor’s Mohs Histotechnician employees.

34. COMPUTER SECURITY. In the performance of official duties, Contracted Mohs Histotechnician candidates may have regular access to printed and electronic files containing sensitive data that must be protected under the provisions of the Privacy Act of 1974, other applicable laws, federal regulations, VA statutes and policy, and VHA policy. Consequently, Contracted Mohs Histotechnician candidates are responsible for:

(1) Protecting data from unauthorized release or from loss, alteration, or unauthorized deletion, and;

(2) Following applicable regulations and instructions regarding access to computerized files, and release of access codes as codified in the access agreement which Contracted Mohs Histotechnician candidates sign.

35. HOURS OF OPERATION/FEDERAL HOLIDAYS.

(1) Contracted Mohs Histotechnician candidates shall be available Monday through Friday from 7:30 a.m. to 5:30 p.m. (PST) on an as-needed basis unless a mutually accepted schedule change between the COR and Contractor occurs. There will be instances in which the last case for the business day is not completed by 5:30 p.m. (PST); Contracted Mohs Histotechnicians are expected to remain on-site until the performance of work is satisfactorily completed.

(2) Any overtime and/or holiday pay that may be entitled to Contracted Mohs Histotechnician candidates shall be the sole responsibility of the Contractor and shall not be billed to, nor reimbursed by, the Government.

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

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

36. PAYMENTS.

(1) The Dept. of VA will not be charged for Veteran-patients who are “No Shows” for scheduled appointments.

(2) The Contractor shall accept payment for services rendered under the resultant contract as payment in full and will not bill the Veteran-patient or his/her third-party insurer for any services covered under the resultant contract, or for additional services for which the Dept. VA pays the Contractor outside the resultant contract for Contracted Mohs Histotechnicians.

37. REQUIRED REGISTRATIONS.

(1) System for Award Management (SAM).

(2) Pursuant to FAR Clause 52.212-4(t) System for Award Management (SAM), after initial registration, the Contractor is required to update registration data as changes occur and must re-register annually to ensure all data remains current. Noncompliance with this requirement will preclude the exercising of any option periods that may be included herein and will be cause for termination of the contract at such time noncompliance is discovered. Refer to cited Clause for more details.

(3) Service Contract Act (SCA) Wage Determination.

i. All Contractors must comply with the Service Contract Act Wage Determination (see Section D.2). By submitting a quote, the Contractor is confirming that the wages listed by the Department of Labor are being adhered to. To access this information and confirm compliance the offeror should visit http://www.wdol.gov/.

ii. On the left side of the screen look under Service Contract Act: 38.2.1.1.1.

1. Select SCA WDs;

2. On next screen, select the state and county from the drop-down boxes and click on continue;

3. On the first question, click NO

4. On the second question, click NO

5. On the next screen, scroll down to “12000 – Health Occupation;”

6. Locate the job that matches occupation; this will display the minimum wage that must be paid to employee(s) of the Contractor eligible under the resultant contract award.

38. IT CONTRACT SECURITY/VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY: 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.

39. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

(1) 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.

(2) 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.

(3) 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.

(4) Custom software development and outsourced operations must be 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.

(5) 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.

40. VA INFORMATION CUSTODIAL LANGUAGE

(1) 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).

(2) VA information should not be co-mingled, if possible, with any other data on the Contractors/subcontractor’s information systems or media storage systems 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.

(3) Prior to termination or completion of this contract, Contractor/ subcontractor must not destroy information received from VA, or gathered/ created by the Contractor during 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.

(4) 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.

(5) 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.

(6) 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.

(7) 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.

(8) 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.

(9) 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.

(10) 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.

(11) 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

(12) 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.

(13) For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require C&A or an MOU-ISA for system interconnection, the Contractor/subcontractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the COR.

41. INFORMATION SYSTEM DESIGN AND DEVELOPMENT

(1) Information systems that are designed or developed for or on behalf of VA at non-VA facilities shall comply with all VA directives developed in accordance with FISMA, HIPAA, NIST, and related VA security and privacy control requirements for Federal information systems. This includes standards for the protection of electronic PHI, outlined in 45 C.F.R. Part 164, Subpart C, information and system security categorization level designations in accordance with FIPS 199 and FIPS 200 with implementation of all baseline security controls commensurate with the FIPS 199 system security categorization (reference Appendix D of VA Handbook 6500, VA Information Security Program). During the development cycle a Privacy Impact Assessment (PIA) must be completed, provided to the COR, and approved by the VA Privacy Service in accordance with Directive 6507, VA Privacy Impact Assessment.

(2) The Contractor/subcontractor shall certify to the COR that applications are fully functional and operate correctly as intended on systems using the VA Federal Desktop Core Configuration (FDCC), and the common security configuration guidelines provided by NIST or the VA. This includes Internet Explorer 7 configured to operate on Windows XP and Vista (in Protected Mode on Vista) and future versions, as required.

(3) The standard installation, operation, maintenance, updating, and patching of software shall not alter the configuration settings…