36C26226Q0285.docx

36C26226Q0285

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

36C26226Q0285 01-22-2026 Solly Kim 562-766-2316 02-20-2026 10:00

PST

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

X

561320 $34 Million

N/A

36C691 Department of Veterans Affairs VA Greater Los Angeles Healthcare System 11301 Wilshire Blvd

Los Angeles CA 90073 36C262 Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815

Department of Veterans Affairs Financial Services Center

Submit Invoices electronically to:

http://www.tungsten-network.com/us/en/

(877) 489-6135

See CONTINUATION Page This requirement is for the provision of Registered Respiratory Therapist Staffing Services for the VA Greater Los Angeles Healthcare System in accordance with the Statement of Work.

See subsequent pages for details and Schedule of Services and Price.

This RFQ is 100% set-aside for SDVOSB. Offerors shall be registered in the SBA database in order to be considered for award.

See CONTINUATION Page

William Cook Contracting Officer

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C262 William Cook 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:

3. INVOICES: Invoices shall be submitted in arrears:

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

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

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Registered Respiratory Therapists (RRT) Contract Period: Base POP Begin: 03-16-2026 POP End: 03-15-2027 PRINCIPAL NAICS CODE: 561320 - Temporary Help Services PRODUCT/SERVICE CODE: Q521 - Medical - Pulmonary

LOCAL STOCK NUMBER: 0001

Registered Respiratory Therapist with Polysomnography Certification Contract Period: Base POP Begin: 03-16-2026 POP End: 03-15-2027 PRINCIPAL NAICS CODE: 561320 - Temporary Help Services PRODUCT/SERVICE CODE: Q521 - Medical - Pulmonary

LOCAL STOCK NUMBER: 0002

Registered Respiratory Therapists (RRT) Contract Period: Option 1 POP Begin: 03-16-2027 POP End: 03-15-2028 PRINCIPAL NAICS CODE: 561320 - Temporary Help Services PRODUCT/SERVICE CODE: Q521 - Medical - Pulmonary

LOCAL STOCK NUMBER: 1001

Registered Respiratory Therapist with Polysomnography Certification Contract Period: Option 1 POP Begin: 03-16-2027 POP End: 03-15-2028 PRINCIPAL NAICS CODE: 561320 - Temporary Help Services PRODUCT/SERVICE CODE: Q521 - Medical - Pulmonary

LOCAL STOCK NUMBER: 1002

Registered Respiratory Therapists (RRT) Contract Period: Option 2 POP Begin: 03-16-2028 POP End: 03-15-2029 PRINCIPAL NAICS CODE: 561320 - Temporary Help Services PRODUCT/SERVICE CODE: Q521 - Medical - Pulmonary

LOCAL STOCK NUMBER: 2001

Registered Respiratory Therapist with Polysomnography Certification Contract Period: Option 2 POP Begin: 03-16-2028 POP End: 03-15-2029 PRINCIPAL NAICS CODE: 561320 - Temporary Help Services PRODUCT/SERVICE CODE: Q521 - Medical - Pulmonary

LOCAL STOCK NUMBER: 2002

Registered Respiratory Therapists (RRT) Contract Period: Option 3 POP Begin: 03-16-2029 POP End: 03-15-2030 PRINCIPAL NAICS CODE: 561320 - Temporary Help Services PRODUCT/SERVICE CODE: Q521 - Medical - Pulmonary

LOCAL STOCK NUMBER: 3001

Registered Respiratory Therapist with Polysomnography Certification Contract Period: Option 3 POP Begin: 03-16-2029 POP End: 03-15-2030 PRINCIPAL NAICS CODE: 561320 - Temporary Help Services PRODUCT/SERVICE CODE: Q521 - Medical - Pulmonary

LOCAL STOCK NUMBER: 3002

Registered Respiratory Therapists (RRT) Contract Period: Option 4 POP Begin: 03-16-2030 POP End: 03-15-2031 PRINCIPAL NAICS CODE: 561320 - Temporary Help Services PRODUCT/SERVICE CODE: Q521 - Medical - Pulmonary

LOCAL STOCK NUMBER: 4001

Registered Respiratory Therapist with Polysomnography Certification Contract Period: Option 4 POP Begin: 03-16-2030 POP End: 03-15-2031 PRINCIPAL NAICS CODE: 561320 - Temporary Help Services PRODUCT/SERVICE CODE: Q521 - Medical - Pulmonary

LOCAL STOCK NUMBER: 4002

B.3 STATEMENT OF WORK

1. BACKGROUND

Medical Service-Respiratory Section, part of VA Greater Los Angeles Healthcare System (VAGLAHS) located at 11301 Wilshire Blvd, Los Angeles, CA 90073, has a need to establish a temporary staffing contract to support existing staff, i.e. Respiratory Therapists with Polysomnographer capability on an as needed basis.

2. NEED

Medical Service-Respiratory Section is seeking a contractor who can provide up to two (2) full time experienced and qualified Registered Respiratory Therapists (RRT) AND two (2) full time experienced and qualified Registered Respiratory Therapist ALSO WITH the qualifications of a Polysomnographer (RRT Polysomnographer) as specified in Section 4 below., Contracted staff shall work 8-hour shifts from either 8:00am to 4:30pm or 8pm to 4:30am.

WORK HOURS

Contract Registered Respiratory Therapists and RRT Polysomnographers shall be available for any shift and shall work in areas designated by the Contracting Officer’s Representative (COR).

Lunch or dinner meal periods: each contractor employee that works an 8-hour shift shall be entitled to two (2) 15-minute breaks and one (1) 30-minute break.

Overtime: Tours of duty are not to exceed 40 hours per week. Contract Registered Respiratory Therapists / RRTs WITH Polysomnographer qualifications, will not be required to work overtime or holidays and shall not be billed to, nor reimbursed by the Government.

3. DUTIES AND RESPONSIBILITIES

3.1. General Duties: The Contractor shall maintain an adequate record system for recording services, listing servicing providers, charges, patient identification, service dates, and all other commonly accepted information elements for services rendered to patients pursuant to the resulting awarded contract including, but not limited to, such records as are necessary for the evaluation of the quality, appropriateness, and timeliness of services performed under the contract.

3.2. Definition of Respiratory Therapists/RRT Polysomnographer A Respiratory Therapist/RRT Polysomnographer, who has graduated from a college or a university, passed the National board for Respiratory Care, and is a specialized healthcare practitioner that performs testing that measures sleep cycles and stages of sleep, monitors, and records the following elements:

3.2.1 Sleep patterns and stages

3.2.2 Blood oxygen levels

3.2.3 Body position

3.2.4 Brain waves (EEG)

3.2.5 Breathing rate

3.2.6 Electrical activity of muscles

3.2.7 Eye movements

3.2.8 Leg movements

3.2.9 Heart rate

Respiratory Therapists educate and treat people who are suffering from heart and lung problems. They often collaborate with specialists in Pulmonary, Emergency Room (ER), and Intensive Care Units (ICU) in various aspects of clinical care of patients. Respiratory Therapists are specialists in airway management and mechanical ventilation. They are often in charge of initiating and managing life support for people in ICUs and emergency departments; stabilizing and monitoring high risk patients being moved from hospital to hospital by ambulance; and administering inhaled drugs and medical gases such as mucolytics, bronchodilators, oxygen, and nitric oxide.

3.3 Contract Respiratory Therapists/RRT Polysomnographers shall be competent in the following tasks:

3.3.1 Cardiopulmonary Resuscitation (CPR); the Respiratory Therapist must also have a current CPR card.

3.3.2 Respond to Rapid Response Calls.

3.3.3 Set up Continuous Positive Airway Pressure (CPAP), Automatic Positive Airway Pressure (APAP), and Bilevel Positive Airway Pressure (BIPAP) systems.

3.3.4 Provide Patient/family education.

3.3.5 Recognize the need for medical intervention if patient safety is at risk.

3.3.6 The use of “split-night” diagnostic/therapeutics studies as described: perform polysomnogram during the first part of the night and then CPAP titration study during the 2nd half of the night if initial part of the study is consistent with obstructive sleep apnea.

3.3.7 Perform full night polysomnogram.

3.3.8 Sleep staging, defined as continuous recording of at least one (1) channel of Electroencephalogram (EEG), two (2) channels of Electrooculography (EOG) and one (1) channel of Electromyography (EMG) recording, following the rules of staging systematized by A. Rechstcahffen and A. Kales.

3.3.9 Continuous recording of four (4) or more additional parameters of sleep, including at least airflow, oximetry, Electrocardiogram (EKG), and EMG.

3.3.10 Continuous attendance as a technologist, working under the direction of the Chief of Pulmonary and Critical Care Medicine and Chief of Respiratory Therapy, who reports to Chief of Pulmonary and Critical Care.

3.3.11 Maintain a technical log, manually and electronically of patient information including nocturnal patient activity, position and events.

3.3.12 Perform electronic and manual scoring.

3.3.13 Follow written policies, procedures and guidelines defining the response to findings disclosed during testing requiring medical evaluation and treatment, including the use of oxygen, and “split-night” protocols.

4. QUALIFICATIONS

Competency requirements are to perform full night of polysomnogram plus all tasks defined in Section 3 above in Duties and Responsibilities and summarized table below. Only personnel approved by VAGLAHS shall be allowed to perform under this contract.

All contractor personnel shall be Advanced Cardiac Life Support certified.

Specific qualification requirements for each specialty are as depicted in the table below:

Accredited Sleep Program

(PSG) experience

Therapist (RRT) Credential Issued by National Board of Respiratory Care (NBRC) Registered Polysmonographic Technologist (RPSGT) Credential with the Board of Registered Polysmonographic Technologists (BRPT), OR Registered Sleep Technologist (RST) Credential with the American Association of Sleep Medicine (AASM), OR Sleep Disorders Specialist (SDS) credentialed with the National Board for Respiratory Care

California Medical Board of California (only)

5. NON-ACCEPTANCE OF CONTRACTOR PERSONNEL

The Contractor shall ensure that all Contractor personnel have met the qualifying criteria, including health requirements and possess valid licenses/certifications. Ultimately, the decision to accept or reject Contractor personnel rests with the VA.

6. STANDARD OF CONDUCT

6.1. The Government reserves the right to refuse acceptance of Contractor personnel whose personal or professional conduct jeopardizes patient care or interferes with the regular and ordinary operation of the facility. Breaches of conduct include intoxication or debilitation resulting from drug use, theft, patient abuse, dereliction or negligence in performing directed tasks or other abuse, or other conduct resulting in formal complaints by patients or other staff members to designated Government Representatives. Standards for conduct shall mirror those prescribed by current Federal Personnel Regulations.

6.2. Complaints concerning Contractor personnel’s conduct with Government employees or patients will be reported to the COR. The Contracting Officer is the final authority on validating complaints. In the event that Contractor personnel are involved and named in a validated complaint, the Government reserves the right to refuse acceptance of the services of such personnel. This does not preclude refusal in the event of incidents involving physical or verbal abuse. The final arbiter on questions of acceptability is the Contracting Officer.

7. 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 Department of Veterans Affairs unless such person seeks and receives approval in accordance with Department of Veterans Affairs Regulations. Nor shall the Contractor employ any person who, as a member, would create a conflict of interest or the appearance of a conflict of interest, particularly with regard to influencing contract negotiations. In any such case, Department of Veterans Affairs must review the matter and give its approval in accordance with agency ethics rules.

8. EMERGENCIES OR COMPLICATIONS

All accidents, malfunctions, injuries and deaths related to the delivery of services shall be immediately reported verbally to the COR. The Contractor may be required to provide evidence of follow-up through a written report of the incident, describing the event, analysis of cause and effect, and corrective action taken. If such a report is requested by the COR, this will be done within three (3) working days of the verbal report.

9. ARRANGEMENT FOR REPLACEMENT STAFF

The Contractor shall provide scheduled services throughout the performance period of the contract. In the event of the absence of Contractor’s personnel for any reason, the Contractor shall coordinate an alternate.

10. IDENTIFICATION BADGE

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

11. GOVERNMENT TRAINING AND ORIENTATION

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

11.2. The Contractor shall ensure that all Contractor personnel 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.

12. PERSONAL HYGIENE AND CLOTHING

In accordance with VAGLAHS Policy 00-10A-10A2-23, dated August 2010, subject: Personal Appearance and Hygiene, all personnel, including Contractors, shall be neat, clean, well-groomed and shall otherwise exercise good personal hygiene. Appropriate and professional attire shall be worn at all times. This policy memorandum will be provided to each contract provider during in-processing.

13. HEALTH REQUIREMENTS

13.1. Contractor personnel shall not perform services under the resulting BPA unless a pre-assignment medical examination has been performed within 30 calendar days of their first scheduled shift. Pre-assignment medical examinations shall be the responsibility of the Contractor at no cost to the Government.

13.2. As a condition of employment, Occupational Safety and Health Administration (OSHA) requires that all contract staff 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.

13.3. 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, Contractor personnel shall be free of infectious diseases (including but not limited to active Tuberculosis and Viral Hepatitis) that might reasonably be expected to place other workers, patients, or the public at risk.

13.4. The Contractor shall provide the Government with all the information necessary to ensure that Government records are maintained correctly and in compliance with The Joint Commission, OSHA, and the Center for Disease Control health records requirements, for each individual Contractor employee, if applicable.

13.5. The Contractor shall provide the COR with certification that Contractor personnel have completed the medical evaluation required above, a minimum of five (5) working days prior to performance of contract services. 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 contract health care provider] is suffering from no contagious diseases to include, Tuberculosis, Hepatitis, and Venereal Disease.

13.6. The Government may take nose and throat cultures from Contractor personnel when required by Government Infection Control Committees (ICC).

13.7. When a Contractor employee has been found medically unfit for providing services required under the resulting contract, they shall be required to discontinue working immediately. Contractor personnel shall not return to work until the Contractor is given clearance for that provider to return by the COR.

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

14. IMMUNIZATION WAIVER/EXEMPTIONS

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

15. DRUG SCREENING

Contractor personnel are subject to random drug testing. They are also subject to drug testing when there is a reasonable suspicion that they use or are impaired by illegal drugs while on duty. Reasonable suspicion of drug use or impairment includes, but is not limited, to the following:

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

16.2 A pattern of abnormal conduct or erratic behavior.

16.3 Arrest or conviction for a drug-related offense or the identification of a contract healthcare provider as the focus of a criminal investigation into illegal drug possession, use or trafficking.

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

16.5 Newly discovered evidence that the contract health care provider has tampered with a previous drug test.

16. CONTRACT PERFORMANCE MONITORING

Monitoring of Contractor’s time shall be demonstrated through clinical and administrative record reviews and through patient satisfaction surveys. The COR will be responsible for verifying contract compliance. After contract is awarded, any incidents of Contractor noncompliance as evidenced by the monitoring procedures or by failure to supply required documentation shall be forwarded immediately to the Contracting Officer.

17. MEDICAL RECORDS

Clinical or other medical records of VA beneficiaries treated by Contractor personnel under the resulting contract are VA records. Contractor personnel who obtain access to hardware or media that may manipulate or store drug or alcohol abuse data, sickle cell anemia treatment records, records or tests or treatment for infection with HIV, medical quality assurance records, or any other sensitive information as defined by the Department of Veterans Affairs, shall not have access to the records unless absolutely necessary to perform their contractual duties. Any individual who has access to these data will disclose them to no one, including other employees of the Contractor not involved in the performance of the particular contractual duty for which access was obtained.

18. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA)

18.1. Contractor shall take reasonable measures to ensure patient privacy and confidentiality. The Contractor personnel assigned to provide services under the resulting BPA 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, i.e., keys are available, and the locking mechanisms work properly. This precaution also includes the proper transfer of patient information via electronic means, such as faxing or system-to-system transmission.

18.2. Contractor personnel shall make sure no patient information of any type is given to outside parties, agencies, or organizations of any type without the expressed written consent of the patient and the VA and only in capacities directly related to the provision of the services contracted in this instrument. Only the minimum necessary patient information shall be used to provide appropriate service to the correct patient. The Contractor is subject to the same penalties and liabilities for unauthorized disclosures of such records as VA personnel.

18.3. The undersigned understands that all parties are bound by the requirements of the “Health Insurance Portability and Accountability Act of 1996” which provide guidance on the protection of patient privacy and confidentiality. This Act mandates that all government agencies and those bodies with whom they contract must be in compliance with the directives of the Act. Details of the Act are still under development by the Congress of the United States.

19. PERFORMANCE IMPROVEMENT (PI)/RISK MANAGEMENT

Contractor personnel shall participate in PI/Risk Management activities to the extent required by VAGLAHS. Contractor personnel’s specific data must be submitted by the Contractor to the COR upon request. The Government shall evaluate Contractor personnel’s performance under the resulting contract using quality assurance standards specified in VA Regulations, The Joint Commission (TJC), and VAGLAHS policies.

20. THE JOINT COMMISSION

20.1. Contractor’s personnel shall be subject to the same quality assurance standards in meeting or exceeding current recognized National Standards as established by The Joint Commission. Copies of the quality assurance standards are on file in the VA Medical Healthcare Group and will be available to the Contractor. The Contractor shall perform services in accordance with the ethical, professional, and technical standards of the healthcare industry as consistent with VA policy, regulations, and procedures.

20.2. The personnel provided by the Contractor shall be technically proficient in the skills necessary to fulfill the Government’s requirements; including the ability to speak, understand, read, and write English fluently. Contractor personnel shall be responsible for compliance with all procedures in accordance with applicable VAGLAHS written policies, procedures, Bylaws of the Medical Staff, and protocols. Copies of the Bylaws will be available to all Contractor personnel and are located within the Healthcare Group. They shall not introduce new procedures or services without prior recommendation to and approval of the Chief of Staff (COS) or authorized representative(s) and through the Contracting Officer.

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

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

21. HHS/OIG REQUIREMENTS

To ensure that the individuals providing services under the resulting awarded contract have not engaged in fraud or abuse regarding Sections 1128 and 1128A of the Social Security Act regarding federal health care programs, the Contractor is required to check the Health and Human Services - Office of Inspector General (HHS/OIG), List of Excluded Individuals/Entities on the OIG Website (www.hhs.gov/oig) for each person providing services under the resulting awarded contract. Further, the Contractor is required to certify in its proposal that all persons listed in the Contractor’s proposal have been compared against the OIG list and are NOT listed. During the performance of the resulting awarded contract, the Contractor is prohibited from using any individual or business listed on the List of Excluded Individuals/Entities.

22. CONTINUING MEDICAL EDUCATION (CME) REQUIREMENTS

Contractor personnel registered by national associations shall continue to meet the minimum standards for CME and VAGLAHS Bylaws and Rules to remain current as prescribed by legal requirements. CME is the sole responsibility of the Contractor, shall be obtained at no additional cost to the Government, and shall be reported to the COR annually on the first normal duty day in January for the previous calendar year. Periodic CME may be conducted at the VA and may be available, at no cost, to Contractor personnel.

23. EVIDENCE OF INSURANCE COVERAGE

Per VAAR 852.237-7, Indemnification and Medical Liability Insurance, before commencing work under this contract, the Contractor shall furnish certification to the Contracting Officer that the $1,000,000.00 coverage required (General & Professional Liability as well as Workers Comp) has been obtained and such policy shall state, “This policy may not be changed or canceled without written notice to the VA Contracting Officer, VA Network Contracting Office 22, 4800 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 shall not be waived.

24. CONTRACTOR PERSONNEL POLICY

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

24.1.1. Worker’s compensation

24.1.2. Professional liability insurance

24.1.3. Health examinations

24.1.4. Income tax withholdings

24.1.5. Social Security withholdings

24.2. Payment for any leave, including sick leave or vacation time is considered the sole responsibility of the Contractor. The Contractor shall comply with all existing local, state, federal, and/or union laws, regulations relevant to fringe benefits, and premium pay for their employees. Such personnel shall not be considered VAGLAHS employees for any purpose and shall be considered employees of the Contractor. There is no employer-employee relationship between the VA and the Contractor or the Contractor’s employee(s).

25. NATIONAL HOLIDAYS

Listed below are the eleven (11) national holidays:

When one of the holidays falls on a Sunday, the following Monday will be observed as a national holiday. When a holiday falls on a Saturday, the preceding Friday is observed as a national holiday by U.S. Government Agencies. Also included would be any day specifically declared by the President of the United States of America as a national holiday.

B.4 IT CONTRACT SECURITY

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY

1. GENERAL

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

2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

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

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

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

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

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

3. VA INFORMATION CUSTODIAL LANGUAGE

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

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

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

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

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

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

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

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

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

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

k. Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response.

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

4. INFORMATION SYSTEM DESIGN AND DEVELOPMENT

a. 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.

b. 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.

c. The standard installation, operation, maintenance, updating, and patching of software shall not alter the configuration settings from the VA approved and FDCC configuration. Information technology staff must also use the Windows Installer Service for installation to the default "program files" directory and silently install and uninstall.

d. Applications designed for normal end users shall run in the standard user context without elevated system administration privileges.

e. The security controls must be designed, developed, approved by VA, and implemented in accordance with the provisions of VA security system development life cycle as outlined in NIST Special Publication 800-37, Guide for Applying the Risk Management Framework to Federal Information Systems, VA Handbook 6500, Information Security Program and VA Handbook 6500.5, Incorporating Security and Privacy in System Development Lifecycle.

f. The contractor/subcontractor is required to design, develop, or operate a System of Records Notice (SOR) on individuals to accomplish an agency function subject to the Privacy Act of 1974, (as amended), Public Law 93-579, December 31, 1974 (5 U.S.C. 552a) and applicable agency regulations. Violation of the Privacy Act may involve the imposition of criminal and civil penalties.

g. The contractor/subcontractor agrees to:

(1) Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies:

(a) The Systems of Records (SOR); and

(b) The design, development, or operation work that the contractor/ subcontractor is to perform;

(1) Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the redesign, development, or operation of a SOR on individuals that is subject to the Privacy Act; and

(2) Include this Privacy Act clause, including this subparagraph (3), in all subcontracts awarded under this contract which requires the design, development, or operation of such a SOR.

h. In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a SOR on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a SOR on individuals to accomplish an agency function. For purposes of the Act, when the contract is for the operation of a SOR on individuals to accomplish an agency function, the contractor/subcontractor is considered to be an employee of the agency.

(1) "Operation of a System of Records" means performance of any of the activities associated with maintaining the SOR, including the collection, use, maintenance, and dissemination of records.

(2) "Record" means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history and contains the person's name, or identifying number, symbol, or any other identifying particular assigned to the individual, such as a fingerprint or voiceprint, or a photograph.

(3) "System of Records" means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual.

i. The vendor shall ensure the security of all procured or developed systems and technologies, including their subcomponents (hereinafter referred to as "Systems"), throughout the life of this contract and any extension, warranty, or maintenance periods. This includes, but is not limited to workarounds, patches, hotfixes, upgrades, and any physical components (hereafter referred to as Security Fixes) which may be necessary to fix all security vulnerabilities published or known to the vendor anywhere in the Systems, including Operating Systems and firmware. The vendor shall ensure that Security Fixes shall not negatively impact the Systems.

j. The vendor shall notify VA within 24 hours of the discovery or disclosure of successful exploits of the vulnerability which can compromise the security of the Systems (including the confidentiality or integrity of its data and operations, or the availability of the system). Such issues shall be remediated as quickly as is practical, but in no event longer than 3 days.

k. When the Security Fixes involve installing third party patches (such as Microsoft OS patches or Adobe Acrobat), the vendor will provide written notice to the VA that the patch has been validated as not affecting the Systems within 10 working days. When the vendor is responsible for operations or maintenance of the Systems, they shall apply the Security Fixes within 3 days.

l. All other vulnerabilities shall be remediated as specified in this paragraph in a timely manner based on risk, but within 60 days of discovery or disclosure. Exceptions to this paragraph (e.g. for the convenience of VA) shall only be granted with approval of the contracting officer and the VA Assistant Secretary for Office of Information and Technology.

5. INFORMATION SYSTEM HOSTING, OPERATION, MAINTENANCE, OR USE

a. For information systems that are hosted, operated, maintained, or used on behalf of VA at non-VA facilities, contractors/subcontractors are fully responsible and accountable for ensuring compliance with all HIPAA, Privacy Act, FISMA, NIST, FIPS, and VA security and privacy directives and handbooks. This includes conducting compliant risk assessments, routine vulnerablity scanning, system patching and change management procedures, and the completion of an acceptable contingency plan for each system. The contractor's security control procedures must be equivalent, to those procedures used to secure VA systems. A Privacy Impact Assessment (PIA) must also be provided to the COR and approved by VA Privacy Service prior to operational approval. All external Internet connections to VA's network involving VA information must be reviewed and approved by VA prior to implementation.

b. Adequate security controls for…