36C26318R0316-001.docx

36C26318R0316

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.

DUNS:

DUNS+4:

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. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

618-18-1-4002-0001 36C26318R0316 03-15-2018 Daniel Vagts 651-293-3040 04-16-2018

10 AM EST

Department of Veterans Affairs NCO 23 - St Paul 316 Robert Street N.

Attention: Daniel Vagts St Paul MN 55101 X 621111 $11 Million X N/A X Department of Veterans Affairs NCO 23 - Minneapolis One Veterans Drive, Building 70 Minneapolis MN 55417 Department of Veterans Affairs NCO 23 - St Paul Attention: Daniel Vagts 316 Robert Street N.

Minneapolis MN 55415

Y Department of Veterans Affairs Financial Services Center PO Box 149971 Austin TX 78714-9971 See CONTINUATION Page

1.0 Full-Time Equivalent (FTE) Orthopedic Service Chief

Services for the Minneapolis VA Health Care System.

See Section B.4 Schedule of Services (pg.7) See Section B.5 Performance Work Statement (pg.11) See CONTINUATION Page 618-4002-820200- 2560 010041152 X X

ONE

Daniel Vagts Contract Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

(continuation from Standard Form 1449, block 18A.)

1. CONTRACT ADMINISTRATION DATA: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer Contracting Officer is Daniel Vagts at daniel.vagts@va.gov Department of Veterans Affairs NCO 23 – St. Paul 316 Robert Street N.

St. Paul MN 55101

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.

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

AMENDMENT NO DATE

6. TYPE OF CONTRACT: Resultant contracts shall be a Firm Fixed Price (FFP) contract effective for the period stated in the Schedule of Services.

7. TERM OF CONTRACT: The contract period is effective July 1, 2018 through June 30, 2019 with four (4) available option periods.

8. POINT OF CONTACT: The Contractor shall provide a point of contact (POC) who shall be responsible for the performance of the work under this contract. The POC shall have full authority to act for the Contractor on all matters relating to the daily operation of this contract. The POC may be a contract health care provider performing under this contract. An alternate may be designated, but the Contractor shall identify, in writing, those times when the alternate shall act as the POC. The Contractor shall identify the POC and alternate in writing to the Contracting Officer’s Representative (COR) and Contracting Officer (CO). The Contractor shall give written notification to the COR and CO of the time when the alternate will act as the POC. The POC shall be available by telephone Monday through Friday, 8:00 AM through 4:30 PM, excluding Federal holidays.

9. SECURE FAX: VA Handbook 6500 requires the following statement on all fax cover sheets be included: “This fax is intended only for the use of the person or office to which it is addressed and may contain information that is privileged, confidential, or protected by law. All others are hereby notified that the receipt of this fax does not waive any applicable privilege or exemption for disclosure and that any dissemination, distribute on, or copying of this communication is prohibited. If you have received this fax in error, please notify this office immediately at the telephone number listed above.”

10. POST AWARD ORIENTATION: The Contracting Officer shall follow the guidance in FAR Subpart 42.5 and note Information Letter (IL) 003A3-12-04 that provides documentation requirements for orientation conducted for such awards. A hyperlink to the IL is provided for your information. http://www.va.gov/oal/docs/library/ils/il12-04.pdf

B.2 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011)

This solicitation includes FAR 52.219-14 Limitations on Subcontracting. Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by VA to assist in assessing the contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to contractor's offices where the contractor's business records or other proprietary data are retained and to review such business records regarding the contractor's compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

B.3 SUBCONTRACTING COMMITMENTS--MONITORING AND COMPLIANCE (JUN 2011)

This solicitation includes VAAR 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, and VAAR 852.215-71, Evaluation Factor Commitments. Accordingly, any contract resulting from this solicitation will include these clauses. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) to assist in assessing contractor compliance with the subcontracting commitments incorporated into the contract. To that end, the support contractor(s) may require access to the contractor's business records or other proprietary data to review such business records regarding contract compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor compliance with the subcontracting commitments.

B.4 SCHEDULE OF SERVICES

The Contractor shall furnish all personnel to provide necessary services of an Orthopedic Surgeon to function as the Chief of Orthopedic Surgery Service to manage the clinical and administrative responsibilities of the service. Surgeon must be board certified by the American Board of Orthopedic Surgery. The Chief Orthopedic Surgery Service will also function as a practicing Orthopedic Surgeon and will provide services in clinic and will perform surgical procedures in the operating room. Services as the Chief of Orthopedic Surgery will be provided to eligible beneficiaries of the Department of Veterans Affairs on-site at the Minneapolis VA Health Care System (hereinafter referred to as MVAHCS).

The contractor’s physician’s care shall cover the range of Orthopedic services as would be provided in a state-of-the-art civilian medical treatment facility and the standard of care shall be of a quality, meeting or exceeding currently recognized national standards http://www.aaos.org/research/guidelines/guide.asp as established by the American Academy of Orthopedic Surgeons (AOS) http://www.aaos.org/.

Place of Performance: Services shall be provided on-site at the Minneapolis VA Health Care System, One Veterans Drive, Minneapolis, MN 55417.

Pricing Instructions:

The offeror is instructed to edit the number of sub-clins to correspond with the number of key personnel submitted for the contract line item number (CLIN). The Offeror is instructed to include all other-than-price-and-cost information supporting the proposed price, as directed in Instructions to Offerors addendum to 52.212-1 and/or Section D-Contract Documents, Exhibits, or attachments.

The Contractor shall propose one 2.0 Full-Time Equivalent (FTE) of key personnel to be credentialed and be available for scheduling to meet the requirements of the contract. Contractor must provide an adequate amount of key personnel necessary to ensure adequate, continual coverage.

On-call coverage is all inclusive within the CLIN structure listed below.

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

Period of Performance: Base Year: July 1, 2018 through June 30, 2019

Annual Cost

KEY PERSONNEL

NAME:____________

TITLE/LEVEL OF EXPERIENCE:________

NAME:____________

TITLE/LEVEL OF EXPERIENCE:________

Period of Performance: Option Year 1: July 1, 2019 through June 30, 2020

Annual Cost

KEY PERSONNEL

NAME:____________

TITLE/LEVEL OF EXPERIENCE:________

NAME:____________

TITLE/LEVEL OF EXPERIENCE:________

Period of Performance: Option Year 2: July 1, 2020 through June 30, 2021

Annual Cost

KEY PERSONNEL

NAME:____________

TITLE/LEVEL OF EXPERIENCE:________

NAME:____________

TITLE/LEVEL OF EXPERIENCE:________

Period of Performance: Option Year 3: July 1, 2021 through June 30, 2022

Annual Cost

KEY PERSONNEL

NAME:____________

TITLE/LEVEL OF EXPERIENCE:________

NAME:____________

TITLE/LEVEL OF EXPERIENCE:________

Period of Performance: Option Year 4: July 1, 2022 through June 30, 2023

Annual Cost

KEY PERSONNEL

NAME:____________

TITLE/LEVEL OF EXPERIENCE:________

NAME:____________

TITLE/LEVEL OF EXPERIENCE:________

Total Base $_________________________________

Total Option Year 1 $_________________________________

Total Option Year 2 $_________________________________

Total Option Year 3 $_________________________________

Total Option Year 4 $_________________________________

Total Contract (Base plus Option Years) $_________________________________

*52.217-8 6-mo Option: $_________________________________ (use Option Year 4 Pricing for evaluation purposes only)

*For the purposes of the award of this Contract, the Government intends to evaluate the option to extend services under FAR 52.217-8 as follows: The evaluation will consider the possibility that the option can be exercised at any time, and can be exercised in increments of one to six months, but not for more than a total of six months during the life of the contract. The evaluation will assume that the prices for any option exercised under FAR 52.217-8 will be at the same rates as those in effect under the contract at the time the option is exercised. The evaluation will therefore assume that the addition of the price or prices of any possible extension or extensions under FAR 52.217-8 to the total price for the basic requirement and the total price for the priced options has the same effect on the total price of all proposals relative to each other, and will not affect the ranking of proposals based on price, unless, after reviewing the proposals, the Government determines that there is a basis for finding otherwise. This evaluation will not obligate the Government to exercise any option under FAR 52.217-8.

B.5 PERFORMANCE WORK STATMENT

36C26318R0316

Page 1 of Page 1 of

1. GENERAL:

1.1. Services Provided: The Contractor shall provide Board Certified Orthopedic Surgeon to provide services as the Chief of Orthopedic Surgery Service. Services are required full-time, 80 hours every two weeks, on-site in accordance with the specifications contained herein for beneficiaries of the Department of Veterans Affairs (VA) and the Minneapolis VA Health Care System.

1.1.1. Scope of Services: The Minneapolis VA Health Care System (MVAHCS) has one of the busiest Orthopedic Surgery Services in the VA System. The Orthopedic Service performs approximately 1500 operating room cases per year, and staffs over 15,000 outpatient visits annually. Orthopedic services provided by the MVAHCS include: hand; total joint; ankle and foot; spine; shoulder; musculoskeletal oncology and sports medicine. The scope of services required by the Chief of Orthopedic Surgery include: staff outpatient clinic; provide inpatient attending; provide consultative services; and provide on-call coverage.

1.1.2. Place of Performance: Services will be provided for MVAHCS at the VA Medical Center, One Veterans Drive, Minneapolis, Minnesota 55417.

1.1.3. Period of Performance: Services are required for a base period of one year (12-months), plus four (4) 12-month option periods.

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

1.3. Policy/Handbooks: Contractor personnel providing services in a VA Health Care facility shall provide services in accordance with the following U.S. Government statutes, and VHA/VA Regulations, Directives, Handbooks, and Policies implementing these statues. Electronic copies may be obtained at the websites listed below. This contract incorporates the below attachments by reference with the same force and effect as if they were given in full text.

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

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

1.3.3. – VHA Directive 2010-018 “Facility Infrastructure Requirements to Perform Standard, Intermediate or Complex Surgical Procedures” – http://www1.va.gov/vhapublications/publications.cfm?pub=1

1.3.4. - VHA Handbook 1065-01 entitled “Productivity and Staffing Guidance for Specialty Provider Group Practice” – http://www1.va.gov/vhapublications/publications.cfm?Pub=2

1.3.5. - VHA Handbook1100.17: National Practitioner Data Bank Reports - http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=2135

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

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

1.3.8. VHA Handbook 1907.01 Health Information Management and Health Records:

http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=2791

1.3.9. Privacy Act of 1974 (5 U.S.C. 552a) as amended

http://www.justice.gov/oip/foia_updates/Vol_XVII_4/page2.htm

1.3.10.Health Insurance Portability and Accountability Act of 1996 (HIPAA)(Public Law 104-191) www.cms.gov/Regulations-and-Guidance/HIPAA-Administrative- Simplification/HIPAAGenInfo/Downloads/HIPAALaw.pdf

1.3.11. Minneapolis VA Health Care System Policy: The Minneapolis VAHCS policies are only available on the Minneapolis VA Intranet site. This site is not available to the general public. https://vaww.visn23.portal.va.gov/min/SiteDirectory/Policies/default.aspx

1.3.11.1. POL-05 – Personnel Identification Verification (PIV) Card Policy

1.3.11.2. HR-22D – Dress Code/Professional Appearance

1.3.11.3. IC-01G – Infection Precautions Policy

1.3.11.4. IM-01K – Medical Records

1.3.11.5. IM-06E – Information Security Policy/Procedures

1.3.11.6. PE-01G – Assessment of Patients

1.3.11.7. TX-04I – Medication Use

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

1.4.1. AAOS: American Academy of Orthopedic Surgery http://www.aaos.org/

1.4.2. ABOS: American Board of Orthopedic Surgery https://www.abos.org/

1.4.3. ACGME: Accreditation Council for Graduate Medical Education

1.4.4. ACLS: Advanced Cardiac Life Support

1.4.5. AOD: Admitting Officer of the Day

1.4.6. BLS: Basic Life Support

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

1.4.8. CDC: Centers for Disease Control and Prevention

1.4.9. CR: Contract Discrepancy Report

1.4.10. CEU: Certified Education Unit

1.4.11. CME: Continuing Medical Education

1.4.12. CMS: Centers for Medicare and Medicaid Services

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

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

1.4.15. COS: Chief of Staff

1.4.16. CPARS: Contractor Performance Assessment Reporting System

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

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

1.4.19. DEA: Drug Enforcement Agency

1.4.20. ED: Emergency Department

1.4.21. FSMB: Federation of State Medical Boards

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

1.4.23. HHS: Department of Health and Human Services

1.4.24. HIPAA: Health Insurance Portability and Accountability Act

1.4.25. HR: Human Resources

1.4.26. ISO: Information Security Officer

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

1.4.28. MOD: Medical Officer of the Day

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

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

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

1.4.32. NP: Nurse Practitioner

1.4.33. NPPES: National Plan and Provider Enumeration System

1.4.34. PA: Physician Assistant

1.4.35. PALS: Pediatric advanced life support

1.4.36. PPD: Purified Protein Derivative

1.4.37. POP: Period of Performance

1.4.38. PWS: Performance Work Statement

1.4.39. Privileging (Clinical Privileging): Privileging is the process by which a practitioner, licensed for 8independent practice; e.g., without supervision, direction, required sponsor, preceptor, mandatory collaboration, etc.; is permitted by law and the facility to practice independently, to provide specific medical or other patient care services within the scope of the individual’s license, based upon the individual’s clinical competence as determined by peer references, professional experience, health status, education, training and licensure. Clinical privileges must be facility-specific and provider-specific.

1.4.40. QA/QI: Quality Assurance/Quality Improvement

1.4.41. QM/PI: Quality Management/Performance Improvement

1.4.42. QASP: Quality Assurance Surveillance Plan

1.4.43. SSC-PSL: Surgery and Specialty Care Patient Service Line – a department within the Minneapolis VA Health Care System.

1.4.44. Veterans’ Health Administration (VHA): The central office for administration of the VA medical centers through throughout the United States. The VHA is in Minneapolis, Minnesota.

1.4.45. Veterans Integrated Services Network (VISN): The regional oversight for the nine (9) VA Medical Centers located in Minnesota, North Dakota, South Dakota, Iowa and western Nebraska.

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

1.4.47. VetPro: A federal web-based credentialing program for healthcare providers.

1.4.48. Veterans Affairs Medical Center (VAMC): Unless identified with the name of a different VA Medical Center, for purposes of this contract, this term shall mean the Minneapolis VA Health Care System (MVAHCS).

2. QUALIFICATIONS:

2.1. Staff/Facility

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

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

2.1.2. Board Certification: Contractor’s physician shall be board certified by the American Board of Orthopedic Surgery http://www.abos.org/ , and be currently certified in Basic Life Support (BLS) Advanced Cardiac Life Support (ACLS) or equivalency. All continuing education courses required for maintaining certification must be kept up to date at all times. Documentation verifying current certification shall be provided by the Contractor to the VA COR on an annual basis for each year of contract performance.

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

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

2.1.4. Technical Proficiency: Contractor’s physician shall be technically proficient in the skills necessary to fulfill the government’s requirements, including the ability to speak, understand, read and write English fluently. Contractor shall provide documents upon request of the CO/COR to verify current and ongoing competency, skills, certification and/or licensure related to the provision of care, treatment and/or services performed. Contractor shall provide verifiable evidence of all educational and training experiences including any gaps in educational history for contractor’s physician and contractor’s physician shall be responsible for abiding by the Facility's Medical Staff By-Laws, rules, and regulations (referenced herein) that govern medical staff behavior.

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

2.1.6. Training (ACLS, BLS, CPRS and VA MANDATORY): Contractor’s physician shall meet all VA educational requirements and mandatory course requirements defined herein; all training must be completed by the Contractor’s physician as required by the VA. Courses are provided through the MVAHCS electronic Talent Management System (TMS). Below is a list of all training, associated time, and frequency.

VA Information Security Awareness & Rules of Behavior (mandatory)

Training requirements include the following:

2.1.6.1. ACLS/BLS: It is a policy of the MVAHCS that all contractor’s and sub-contractor’s physician(s) to be provided under this contract must be Advanced Cardiac Life Support (ACLS) and Basic Life Support (BLS) certified unless a waiver has been granted by a Patient Service Line (PSL) Director. As part of the credentialing process, the contractor’s ACLS/BLS certifications must be sent to the Medical Staff Office. Failure to provide proof of certification to the Medical Staff Office may impact the contract personnel qualifications under this requirement. No services will be provided by any contract personnel prior to obtaining approval by the VA Medical Center Professional Standards Board, Clinical Executive Board and Director.

2.1.6.2. CPRS: Contractor employees (including any sub-contractor employees) providing medical services will be required to attend Computerized Patient Record System (CPRS) training prior to providing any patient care services, including on call/emergency coverage at the VA. The contractor employee will document patient care in CPRS to comply with all VHA and Joint Commission (or equivalent) standards.

2.1.6.3. VA Information Security Awareness and Rules of Behavior Training: This training combines: Privacy Training regarding standards for patient privacy and individually identifiable health information; cyber security and awareness; and Rules of Behavior for Automated Information Systems. Contractor shall provide documented proof of training to the Contracting Officer’s Representative (COR) for all employees’ assigned work and/or having access to protected health information annually.

2.1.6.4. Mandatory VA Training for Transient Clinical Staff: All contractor’s physicians providing services at the MVHACS must meet all VA training requirement for VA Privacy, HIPAA, Security and Ethics.

2.1.6.5. VA Cyber Security Awareness Training: Contractor and their sub-contractor employees assigned to work under the contract are required to annually receive and document completion of VA training on Cyber Security. Contractor shall provide annually documented proof of training to the COR for all employees assigned work under this contract.

2.1.6.6. Contractor personnel must complete all annual VA education training requirements in the VA’s on-line training system, known as the Talent Management System (TMS). The COR will instruct contractor’s physician(s) in the use of TMS. Contractor’s physician(s) assigned to provide services for the Minneapolis VAHCS must have completed CPRS; VA Information Security Awareness and Rules of Behavior; and Mandatory VA Training for Transient Clinical Staff training before performing any patient care.

2.1.6.7. As the VA routinely reviews and updates policies and procedures covering contractor computer access, security requirements may change during the term of this contract and new policies and procedures may be implemented unilaterally during the term of this agreement.

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

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

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

2.1.7.3. OSHA REGULATION CONCERNING OCCUPATIONAL EXPOSURE TO

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

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

2.1.9. DEA: Contractor shall provide copy of current DEA certificate. DEA waiver will not be accepted only applies to on-station locum tenens physicians.

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

2.1.11. Citizenship related Requirements:

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

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

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

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

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

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

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

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

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

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

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

2.5. Prohibition Against Self-Referral: Contractor’s physician is prohibited from referring VA patients to contractor’s or their own practice(s).

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

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

2.7.1. Workers’ compensation

2.7.2. Professional liability insurance

2.7.3. Health examinations

2.7.4. Income tax withholding, and

2.7.5. Social security payments.

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

2.8.1. Medical Liability Insurance: The Contractor shall furnish their own medical liability insurance and will hold certificate of insurance for general liability and malpractice insurance. Prior to award of the contract, the contractor shall furnish to the VA a certificate of insurance evidencing that all required coverage has been obtained. The contractor shall be responsible for maintaining this certificate/coverage for the duration of the contract. Under no circumstances will contract physicians be considered a MVAHCS employee nor will contractor personnel be covered by VA liability insurance.

2.9. Key Personnel: Contractor will be responsible to ensure that the contractor personnel providing work on this contract are fully trained and fully competent to perform the required services for the duration of the contract period. Contractor’s personnel provided under this contract must meet the qualifications, training, and all requirements as stated above in Section 2.1.

2.9.1. The VA Full Time Equivalency (FTE) for the services required is one (1.0) FTE. One FTE is defined by VA as a person working a minimum of 80 hours every two weeks and does not include holidays.

2.9.2. The number of Contractor’s Board-certified Orthopedic Surgeons required to be on-site per week is 1.0 FTE. The tour of duty is defined below in paragraph 3.2. Work Schedule.

2.9.3. The Contractor shall be responsible for providing coverage to the VA during periods of vacancies of the Contractor’s personnel due to sick leave, personal leave, vacations and additional coverage as required.

2.9.4. Personnel Substitutions: During the first ninety (90) calendar days of performance, the Contractor shall make NO substitutions of key personnel unless the substitution is necessitated by illness, death or termination of employment. The Contractor shall notify the CO, in writing, within 15 calendar day(s) after the occurrence of any of these events and provide the information required below. After 90 days, the Contractor shall submit the information required below to the CO at least 15 calendar days prior to making any permanent substitutions.

2.9.4.1. The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the CO. Proposed substitutes shall have comparable qualifications to those of the persons being replaced. The CO will notify the Contractor within 15 calendar days after receipt of all required information of the decision on the proposed substitutes.