36C26224R0075 - SOL Mohs Histotechnician Services Final.pdf

PAGE 1 OF

1. REQUISITION NO.

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

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

TIME

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

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

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

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

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

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

SEE ADDENDUM

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

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

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

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

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

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

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

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

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

36C26224R0075 04-26-2024

Rafael Cervantes, Contract Specialist 5627662281 06-06-2024

11:00AM PST

36C262

Department of Veterans Affairs

Network Contracting Office 22

4811 Airport Plaza Drive

Suite 600

Long Beach CA 90815

X 100

X

561320

$34 Million

N/A

X

36C262

Department of Veterans Affairs

VISN 22 Multi-Station

VA Long Beach Healthcare System

VA San Diego Healthcare System

VA Loma Linda Healthcare System

Department of Veterans Affairs

Network Contracting Office 22

4811 Airport Plaza Drive

Suite 600

Long Beach CA 90815

Department of Veterans Affairs

Financial Services Center

Submit invoices electronically to:

www.tungsten-network.com

See CONTINUATION Page

- This procurement is for Mohs Histotechnician Services for multiple VISN 22 VA Medical Centers located at VALBHS, VASDHS, and VALLHS.

- This procurement is set aside 100% for SDVOSBs. Only offers from SDVOSBs will be considered for award.

See CONTINUATION Page

X X

X 1

Michael Kahyai, Contracting Officer

36C26224R0075

Table of Contents

SECTION A

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

AND COMMERCIAL SERVICES………………………………………………………………1

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 SCHEDULE OF SERVICE AND PRICE

B.3 STATEMENT OF WORK (SOW) - MOHS HISTOTECHNICIANS

B.4 IT CONTRACT SECURITY

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2023)

C.2 52.216-18 ORDERING (AUG 2020)

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

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

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

C.6 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ... 38

C.7 SUPPLEMENTAL INSURANCE REQUIREMENTS

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

1984)

C.9 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR VERIFIED SERVICE-

DISABLED VETERAN-OWNED SMALL BUSINESSES (NOV 2022)

C.10 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (NOV 2022)

C.11 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(NOV 2018)

C.12 VAAR 852.237-70 INDEMNIFICATION AND MEDICAL LIABILITY INSURANCE

(OCT 2019)

C.13 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) . 46

C.14 VAAR 852.211-76 LIQUIDATED DAMAGES – REIMBURSEMENT FOR DATA

BREACH COSTS (FEB 2023) ALTERNATE I (FEB 2023)

C.15 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.16 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (DEC 2023) (DEVIATION) (JAN 2024)

C.17 MANDATORY WRITTEN DISCLOSURES

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 REFERENCE CONTRACT WORKSHEET MOHS HISTOTECHNICIAN SERVICES

– ATTACHED

D.2 PRICE WORKSHEET – ATTACHED

D.3 DOL WAGE DETERMINATIONS – ATTACHED

D.4 MEDICAL STAFF BYLAWS – ATTACHED

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (SEP 2023)

E.2 52.212-1 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS-

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES - PROPOSAL

SUBMISSION

E.3 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.4 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

E.5 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.6 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

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

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

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

1998)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. UEI Number:

c. GOVERNMENT: Contracting Office 36C262

Rafael Cervantes, Contract Specialist

Department of Veterans Affairs

Network Contracting Office 22

4811 Airport Plaza Drive

Suite 600

Long Beach CA 90815

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

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

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Monthly

4. GOVERNMENT INVOICE ADDRESS: Please contact Tungsten at the phone number or email address below to begin submitting your electronic invoices to the VA Financial Services

Center for payment processing, unless otherwise instructed by the Contracting Officer

Representative (COR). If you have any questions about the e-invoicing program or Tungsten, please contact the FSC at the phone number or email address listed below:

• Tungsten e-Invoice Setup Information: 1-877-489-6135

• Tungsten e-Invoicing email: VA.Registration@Tungsten-Network.com

• Website: www.tungsten-network.com

• FSC e-invoice Contact Information: 1-877-353-9791

• FSC e-Invoice email: vafsccshd@va.gov mailto:VA.Registration@Tungsten-Network.com http://www.tungsten-network.com/ mailto:vafsccshd@va.gov

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

AMENDMENT NO DATE

B.2 SCHEDULE OF SERVICE AND PRICE

This is an indefinite delivery, indefinite quantity, (IDIQ) contract with fixed-priced line items, which may result in one or more contract awards. Prices in this schedule represent an all-inclusive rate including labor, incidental costs, overhead, and insurance premium payments for applicable insurance coverage. Costs not incorporated into the contractor’s price will not be reimbursed by the Government.

The guaranteed minimum amount for this contract is $1,000.00. The maximum aggregate value of the orders that can be placed under the contract is $3,000,000.00. The Government does not guarantee that it will place any orders under this contract in excess of the guaranteed minimum amount.

Item information for each contract year is included below.

*The previous option year pricing will apply to any extension pursuant to FAR 52.217-8.

1. SCHEDULE FOR THE VA LONG BEACH HEALTHCARE SYSTEM (VALBHS)

VALBHS – VA Tibor Rubin Medical Center, 5901 E 7th St., Long Beach, CA 90822

ITEM

NUMBER

DESCRIPTION OF

SERVICES

ESTIMATED

QUANTITY UNIT

UNIT

PRICE TOTAL

“Estimated” Base Year: 08/01/2024 – 07/31/2025

LB001

Mohs Histotechnician

Services 1,152 Case

“Estimated” Option Year One: 08/01/2025 – 07/31/2026

LB002

Mohs Histotechnician

Services 1,152 Case

“Estimated” Option Year Two: 08/01/2026 – 07/31/2027

LB003

Mohs Histotechnician

Services 1,152 Case

“Estimated” Option Year Three: 08/01/2027 – 07/31/2028

LB004

Mohs Histotechnician

Services 1,152 Case

“Estimated” Option Year Four: 08/01/2028 – 07/31/2029

LB005

Mohs Histotechnician

Services 1,152 Case

GRAND

TOTAL

2. SCHEDULE FOR THE VA SAN DIEGO HEALTHCARE SYSTEM (VASDHS)

VASDHS – 3350 La Jolla Village Dr., San Diego, CA 92161

VASDHS-CBOC – 1300 Rancho Del Oro Dr., Oceanside, CA 92056

VASDHS-CBOC – 8875 Aero Dr., San Diego, CA 92123

ITEM

NUMBER

DESCRIPTION OF

SERVICES

ESTIMATED

QUANTITY UNIT

UNIT

PRICE TOTAL

“Estimated” Base Year: 08/01/2024 – 07/31/2025

SD001

Mohs Histotechnician

Services 900 Case

“Estimated” Option Year One: 08/01/2025 – 07/31/2026

SD002

Mohs Histotechnician

Services 900 Case

“Estimated” Option Year Two: 08/01/2026 – 07/31/2027

SD003

Mohs Histotechnician

Services 900 Case

“Estimated” Option Year Three: 08/01/2027 – 07/31/2028

SD004

Mohs Histotechnician

Services 900 Case

“Estimated” Option Year Four: 08/01/2028 – 07/31/2029

SD005

Mohs

Services 900 Case

3. SCHEDULE FOR THE VA LOMA LINDA HEALTHCARE SYSTEM (VALLHS)

VALLHS – 11201 Benton St., Loma Linda, CA 92357

ITEM

NUMBER

DESCRIPTION OF

SERVICES

ESTIMATED

QUANTITY UNIT

UNIT

PRICE TOTAL

“Estimated” Base Year: 08/01/2024 – 07/31/2025

LL001

Mohs Histotechnician

Services 1500 Case

“Estimated” Option Year One: 08/01/2025 – 07/31/2026

LL002

Mohs Histotechnician

Services 1500 Case

“Estimated” Option Year Two: 08/01/2026 – 07/31/2027

LL003

Mohs Histotechnician

Services 1500 Case

“Estimated” Option Year Three: 08/01/2027 – 07/31/2028

LL004

Mohs Histotechnician

Services 1500 Case

“Estimated” Option Year Four: 08/01/2028 – 07/31/2029

LL005

Mohs

Services 1500 Case

B.3 STATEMENT OF WORK (SOW) - MOHS HISTOTECHNICIANS

1. BACKGROUND. The Department of Veterans Affairs intends to establish a contract to provide Mohs Histotechnician services on an as needed basis to the

Department of Veterans Affairs Healthcare Systems in California: Long Beach, Loma Linda, and San Diego. The Contractor shall cover the range of services normally provided in a similar civilian health care facility and in accordance with the specifications and requirements contained herein. The resulting contract will be effective for a period of one (1) year with four (4) one-year options for renewal as identified herein.

2. GENERAL. Contract Mohs Histotechnicians are needed by multiple southern California

VA Healthcare facilities to perform slide preparations; grossing and fixation, processing embedding, and sections and staining. Additionally, Contract Mohs Histotechnicians are needed to prepare and process tissue samples/specimens extracted during surgery for pathology, physician analysis and interpretation.

3. LOCATIONS. Contract Mohs Histotechnician Services are needed at the following

Department of Veterans Affairs Main Facility locations, as well affiliated Community Based

Outpatient Clinics (CBOCs).

The Department (Dept.) of Dermatology Mohs Micrographic Surgery program;

VA Long Beach Healthcare System (VALBHS)

5901 E 7th St.

Long Beach, CA 90822

Dept. of Dermatology Mohs Micrographic Surgery program;

VA Loma Linda Healthcare System (VALLHS), 11201 Benton St.

Loma Linda, CA 92357

Dept. of Dermatology Mohs Micrographic Surgery program;

VA San Diego Healthcare System (VASDHS), 3350 La Jolla Village Dr.

San Diego, CA 92161

4. QUALIFICATION REQUIREMENTS. Contract Mohs Histotechnicians must have a minimum of one (1) year hands-on Mohs frozen section training. The contractor must ensure an annual review of staining/labeling/processing documentation by its Mohs

Histotechnicians. Only Mohs Histotechnicians approved by the Department of VA shall be allowed to perform under the resultant contract.

4.1. The Contract Mohs Histotechnician must possess the following qualification requirements:

CRITERIA MOHS HISTOTECHNICIANS REQUIREMENTS

Minimum Education High school diploma or equivalent

Minimum

Experience

One (1) year of continuous work experience as a Mohs

Histotechnician.

Required

Certification

Valid Basic Life Support Certification or valid CPR card

Immunizations Valid Hepatitis B immunization required; Valid tuberculin skin (TB) test

Citizenship U.S. Citizenship

5. PRINCIPAL DUTIES AND RESPONSIBILITIES. Contract Mohs Histotechnicians are required to prepare and process tissue samples and specimens extracted during surgery for pathology/physician analysis/interpretation. Contract Mohs Histotechnicians 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. Contract Mohs Histotechnicians shall also obtain and maintain equipment and supplies, and coordinate schedules.

5.1. The Contractor shall provide all equipment, uniforms, and supplies needed for

Contract Mohs Histotechnicians to perform duties. This includes a contractor-furnished mobile cryostat unit on site at each facility location specified in the Table in Section 3 above while histotechnician services are being performed at that facility. The Contractor shall bring the mobile cryostat unit(s) used to provide the Mohs Histotechnician services to each facility each day a Mohs case is performed.

6. SCOPE OF WORK. Contract 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).

6.1. 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).

6.2. The services provided by Contract 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. The Contractor shall provide qualified Mohs

Histotechnicians who shall provide the following services:

7.1. Working with the Dermatologic Surgeon; 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 prepare specimens in the Mohs fashion for submission to VA pathology for permanent tissue evaluation.

7.2. Sets up and monitors 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.

7.3. Evaluates, modifies, or adapts new methods or revises standard techniques to improve or expand accuracy precision, and quality of sectioning and storing.

7.4. Advises a course of action to follow when sections are deemed unacceptable.

7.5. Examines functions of the cryostat instruments, rechecks conditions of the cryostat instrument performance, and evaluates reaction systems and/or procedural techniques utilized. If the cryostat instruments are deemed faulty, the Contract Mohs Histotechnician determines a course of corrective action.

8. PHYSICAL DEMANDS.

8.1. Contract 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).

8.2. Contract 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).

8.3. Contract Mohs Histotechnicians shall be free of any health issues that may interfere with the performance of contractual duties.

9. HEALTH REQUIREMENTS.

9.1. Contract Mohs Histotechnicians 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.

9.2. As a condition of employment, Occupational Safety and Health Administration

(OSHA) requires all Contractor personnel who will have occupational exposure to blood, other body fluids, or other potentially infectious materials, to receive the 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.

9.3. Contractor personnel having patient contact or exposure to biological or pathological specimens shall be immunized against, be granted an immunization waiver, or have documented proof of immunity to: rubella, mumps, polio and Hepatitis B. In addition, while performing work under this contract, Contractor personnel shall be free of infectious diseases (e.g., Tuberculosis and Viral Hepatitis) that might reasonably be expected to place other workers, Veteran-patients, or the public at risk. 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 all Contractor personnel working on the contract.

9.4. The Contractor shall provide the Contracting Officer Representative (COR) with certification that Contract Mohs Histotechnicians have completed the medical evaluation (required above in section 9.1 of the SOW) a minimum of five (5) working days prior to the Histotechnician performing services under the contract.

9.5. This certification of medical evaluation 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:

9.5.1. [Name of Contract Mohs Histotechnician] is suffering from no contagious diseases to include, either Tuberculosis or Hepatitis.

9.6. The Government may require that Contract Mohs Histotechnicians performing work under the contract agree to submit to nose or throat cultures when required to do so by Government Infection Control Committees (ICC). The

Government may exclude Contract Mohs Histotechnicians who refuse to submit to nose or throat cultures from performing services under this contract.

In such cases, the Government will notify the Contractor of the names of the

Contract Mohs Histotechnicians who have been excluded from providing services under the contract, the reason for that exclusion, and the duration of the exclusion. The Contractor shall provide one or more qualified replacement

Contract Mohs Histotechnician(s) to replace those who have been excluded from performing services under the contract. Replacement Contract Mohs

Histotechnicians shall be provided at the Contractor’s sole expense.

9.7. When Contract Mohs Histotechnicians have been deemed medically unfit for providing services required under the resultant contract, they shall be required to discontinue working immediately. Contract Mohs Histotechnician will not return to work at a VA medical center until given clearance by the nurse manager and COR.

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

10. IMMUNIZATION WAIVER/EXEMPTIONS. Waivers and exemptions from immunization requirements for Contract Mohs Histotechnicians may be granted in accordance with VA regulations and Medical Staff Bylaws.

11. ON-BOARDING REQUIREMENTS. On-boarding of Contract Mohs Histotechnicians shall be coordinated by the Contractor with the COR or his/her designee. The

Contractor shall submit the resume of any new Contract Mohs Histotechnician candidate when requested by the COR, and the Contractor shall make proposed

Contract Mohs Histotechnician candidates available for interview by the VA Healthcare

System program office where the services will be provided.

12. NON-ACCEPTANCE OF CONTRACT PERSONNEL. The Contractor shall ensure that all proposed Contract Mohs Histotechnician candidates have met the qualifying criteria, including experience, competency, and valid certificates described in Section

4 above. Ultimately, the decision to accept or reject Contract Mohs Histotechnician candidates rests with the Dept. of VA. Non-acceptance of Contract Mohs

Histotechnician candidates does not relieve the Contractor from its obligation of 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 Contract

Mohs Histotechnician candidate absence for any reason, the Contractor shall coordinate an alternate with the VA Healthcare Facility Surgeon or designee/representative.

14. STANDARD OF CONDUCT.

14.1. The Government reserves the right to refuse acceptance of Contract Mohs

Histotechnicians 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.

14.2. Complaints concerning Contract 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 Contract 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. The Contractor shall provide a qualified replacement for any Contract Mohs Histotechnician who has been excluded from performing services under the contract. Replacement Contract

Mohs Histotechnicians shall be provided at the Contractor’s sole expense.

14.3. 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 Department of

Veterans Affairs and its population.

14.4. All Contractor personnel shall observe the rules and regulations of the VA facility such as:

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

14.4.2. 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 contract. An alternate may be designated, but the Contractor shall identify in writing those times when the alternate shall act as the liaison.

Contractor Liaison: Phone: Fax:

17. EMERGENCIES OR COMPLICATIONS. All accidents, malfunctions, and injuries or deaths related to the delivery of services under this contract 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.

18.1. 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.

18.2. 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.

19.1. An identification (ID) badge will be issued by the appropriate VA medical center to Contract Mohs Histotechnicians providing services under this contract. The appropriate ID badge shall always be worn by Contract Mohs

Histotechnicians while on Government facility grounds and clearly displayed on the outermost garment (e.g., laboratory coat, jacket, sweater, shirt, or blouse).

19.2. All Contract Mohs Histotechnicians are required to wear ID Badges the entire time while on VA campus/facility/grounds. ID Badges must have an identification picture, and shall state in English the name of the individual and the company represented.

19.3. All Contract Mohs Histotechnicians 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. Contract Mohs Histotechnicians 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 Contract Mohs Histotechnicians 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.

21.1. The Dept. of VA will provide a briefing to familiarize Contract Mohs

Histotechnicians on VA policies and procedures on the first scheduled duty day or within a period acceptable to the Dept. of VA.

21.2. The Contractor shall ensure that all Contract Mohs Histotechnicians 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.

22. DRUG SCREENING. The Contractor shall implement a drug screening program for

Contract Mohs Histotechnicians that includes random drug testing. The Contractor shall also require 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:

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

22.2. A pattern of abnormal conduct or erratic behavior;

22.3. Arrest or conviction for a drug-related offense or the identification of a Contract

Mohs Histotechnician as the focus of a criminal investigating into illegal drug possession, use, or trafficking;

22.4. Information provided either by reliable and credible sources or independently corroborated, or;

22.5. Newly discovered evidence that the Contract Mohs Histotechnician has tampered with a previous drug test.

23. ADMINISTRATIVE FUNCTIONS AND ATTENDANCE AT MEETINGS. If, and when requested by the Government, Contract Mohs Histotechnicians 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.

24. PATIENT SENSITIVITY. Contract Mohs Histotechnicians shall respect and maintain the basic rights of patients, demonstrating concern for personal dignity and human relationships.

25. CONTRACTOR PERFORMANCE MONITORING.

25.1. 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.

25.2. 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.

26. MEDICAL RECORDS. Clinical records or other medical records of VA Veteran-patients treated by the Contractor under the contract are VA records. Contract Mohs

Histotechnicians 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 access these records unless necessary to perform contractual duties. Any individual who has access to these records shall not disclose the content of these records to others, including other employees of the Contractor not involved in the performance of the contractual duty for which access was obtained.

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

27.1. Contractor shall take reasonable measures to ensure patient privacy and confidentiality. The Contractor shall ensure that Contract Mohs

Histotechnicians take all reasonable precautions to safeguard patient information from unauthorized access or modification, in both electronic and hard-copy formats. This includes not only electronic security measures such as

“strong” user passwords on computer systems, but also physical barriers to prevent unauthorized use of computer work-stations; that hard copy patient files are in secured lockable areas, that files are in lockable cabinets, that the cabinets can in fact be locked (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.

27.2. The Contractor 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.

27.3. The Contractor agrees 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.

28. PERFORMANCE IMPROVEMENT (PI)/RISK MANAGEMENT. The Contractor shall ensure that Contract Mohs Histotechnicians participate in PI/Risk Management activities to the extent required by the Dept. of VA. Contract Mohs Histotechnician’s specific activity data must be submitted by the Contractor to the COR upon request. The Government shall evaluate the Contract Mohs Histotechnician’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 Memorandum (VALBHS, VALLS, or VASDHS).

29. QUALITY ASSURANCE AND PERFORMANCE MONITORING. Contract Mohs

Histotechnicians will be held to the same standard as Dept. of VA personnel through quality assurance and performance monitoring to ensure compliance under the 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.

30. THE JOINT COMMISSION (TJC).

30.1. The Contractor 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 Contract Mohs Histotechnicians 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. The Contractor shall ensure that Contract Mohs

Histotechnicians comply with all procedures in accordance with applicable VA written policies, procedures, Bylaws of the Medical Staff, and established protocols. Copies of the Bylaws will be available to all Contract Mohs

Histotechnicians; 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 VA Chief of Staff (COS) for the medical facility being serviced, the COR, and through the CO.

30.2. The Contractor shall maintain records that document the competence/performance level of Contract Mohs Histotechnician personnel working on the contract in accordance with the Joint Commission Accreditation and. The Contractor will provide a current copy of the competence assessment and annual performance evaluation to the COR at the time of contract award and upon request for each Contract Mohs Histotechnician working on the contract.

31. 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 Contract Mohs Histotechnician providing services under the contract.

32. EVIDENCE OF INSURANCE COVERAGE. Before commencing work under the 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.

33. CONTRACT MOHS HISTOTECHNICIAN POLICY. The Contractor shall assume full responsibility for protecting the Contracted Mohs Histotechnicians furnishing services under the contract.

33.1. The Contractor shall provide the following to the contract personnel:

33.1.1. Workers Compensation;

33.1.2. Professional Liability Insurance;

33.1.3. Health Examinations;

33.1.4. Income Tax Withholdings, and;

33.1.5. Social Security Withholdings.

33.2. Payment for any leave, including sick leave or vacation time is considered the sole responsibility of the Contractor. The Contractor shall comply with all existing local, state, federal and/or union laws, regulations relevant to fringe benefits, and premium pay for Contracted Mohs Histotechnician staff.

33.3. This is a non-personal services contract.

33.3.1. Contracted Mohs Histotechnicians shall not be considered employees of the Department of Veterans Affairs. There is no employer-employee relationship between the VA and the Contractor or the Contracted Mohs Histotechnician personnel.

http://www.hhs.gov/oig)

34. COMPUTER SECURITY. In the performance of official duties, Contract Mohs

Histotechnicians 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, the Contractor shall ensure that Contract Mohs Histotechnicians:

34.1. Protect data from unauthorized release or from loss, alteration, or unauthorized deletion, and;

34.2. Follow applicable regulations and instructions regarding access to computerized files, and release of access codes as codified in the access agreement which Contract Mohs Histotechnicians sign.

35. HOURS OF OPERATION/FEDERAL HOLIDAYS.

35.1. Contract Mohs Histotechnicians 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); Contract Mohs Histotechnicians are expected to remain on-site until the performance of work is satisfactorily completed.

35.2. Any overtime and/or holiday pay to which Contract Mohs Histotechnicians may be entitled shall be the sole responsibility of the Contractor and shall not be billed to, nor reimbursed by, the Government.

35.3. 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.”

New Year’s Day JANUARY 01

Martin Luther King’s Birthday THIRD MONDAY IN JANUARY

President’s Day THIRD MONDAY IN FEBRUARY

Memorial Day LAST MONDAY IN MAY

Juneteenth JUNE 19

Independence Day JULY 04

Labor Day FIRST MONDY IN SEPTEMBER

Columbus Day SECOND MONDAY IN OCTOBER

Veterans Day NOVEMBER 11

Thanksgiving Day FOURTH THURSDAY IN NOVEMBER

Christmas Day DECEMBER 25

35.4. When one of the holidays falls on a Sunday, the following Monday will be observed as a national holiday. When a holiday falls on a Saturday, the preceding Friday is observed as a national holiday by U.S. Government

Agencies. Also, any day specifically declared by the President of the United

States of America as a national holiday would be included.

36. PAYMENTS.

36.1. The Dept. of VA shall be billed per case. One case is equivalent to one slide.

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

Histotechnicians.

B.4 IT CONTRACT SECURITY

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY

1. GENERAL

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

VA and VA personnel regarding information and information system security.

2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

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

b. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and

Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.

c. Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive

Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a

Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security

Clearance must be processed through the Special Security Officer located in the Planning and

National Security Service within the Office of Operations, Security, and Preparedness.

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

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

3. VA INFORMATION CUSTODIAL LANGUAGE

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

General, FAR 52.227-14(d) (1).

b. VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor's information systems or media storage systems in order to ensure

VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that

VA's information is returned to the VA or destroyed in accordance with VA's sanitization requirements. VA reserves the right to conduct on site inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements.

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

Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract.

d. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable

Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract.

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

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

g. If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate

Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship.

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

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

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

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

If the contractor/subcontractor is in receipt of a court order or other requests for the above mentioned information, that contractor/subcontractor shall immediately refer such…