36C26318R0477-001.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. 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 81

36C26318R0477 7/27/2018

Daniel Reinke 651-293-3037 8/27/2018

8AM CDT

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

Attn: Daniel Reinke, Contract Specialist 316 Robert Street N.

St. Paul MN 55101

X

621111

$11 Million

N/A

X

N/A

X

VA Central Iowa Healthcare System 3600 30th Street

Des Moines IA 50310

NETWORK 23 CONTRACTING OFFICE

Attn: Daniel Reinke, Contract Specialist 316 Robert Street N.

St. Paul MN 55101

Y

Financial Services Center PO Box 149971

Austin TX 78714-9971

- Pathologist physician services for Des Moines VAHCS

- Reference section B.2 for Schedule of service and attachment D9

- Multiple year ordering periods, no option years

X ONE

Shea Colby Contracting Officer

36C26318R0477

Table of Contents

SECTION A

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

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 SCHEDULE OF SERVICES

B.3 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN

2011)

B.4 SUBCONTRACTING COMMITMENTS--MONITORING AND COMPLIANCE (JUN

2011)

B.5 PERFORMANCE WORK STATEMENT

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (JAN 2017)

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

C.3 52.204-9 PERSONAL IDENTITY VERIFICATION FOR CONTRACTOR PERSONNEL

(JAN 2011)

C.4 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (DEC 2009)

C.5 52.216-18 ORDERING (OCT 1995)

C.6 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.7 52.216-22 INDEFINITE QUANTITY (OCT 1995)

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

C.9 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.10 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008)

C.11 852.219-9 VA SMALL BUSINESS SUBCONTRACTING PLAN MINIMUM

REQUIREMENTS (DEC 2009)

C.12 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012)

C.13 VAAR 852.237-7 INDEMNIFICATION AND MEDICAL LIABILITY INSURANCE (JAN

2008)

C.14 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)

C.15 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2018)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 - QASP Pathology 36C26318R0477 D.2 - Immigration and Nationality Act of 1952 D.3 - Organizational Conflicts of Interest D.4 - Contractor Rules of Behavior D.5 - Past Performance Questionnaire D.6 - IT Contract Security D.7 – Wage Determination D.8 – VA Directive 1663 Appendix B

D.9 – Price Schedule Pathology

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (JAN 2017)

E.2 ORGANIZATIONAL CONFLICTS OF INTEREST (JAN 2008)

E.3 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (JAN

2008)

E.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)

E.5 52.216-1 TYPE OF CONTRACT (APR 1984)

E.6 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.7 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED

SMALL BUSINESS EVALUATION FACTORS (JUL 2016) (DEVIATION)

E.8 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (JAN 1998)

E.9 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008)

E.10 VAAR 852.271-70 NONDISCRIMINATION IN SERVICES PROVIDED TO

BENEFICIARIES (JAN 2008)

E.11 VAAR 852.273-73 EVALUATION - HEALTH-CARE RESOURCES (JAN 2003)

E.12 VAAR 852.273-74 AWARD WITHOUT EXCHANGES (JAN 2003)

E.13 VAAR 852.273-70 LATE OFFERS (JAN 2003)

E.14 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

ITEMS (NOV 2017)

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:

Contractor Name: __________________________________________

Title: __________________________________________

Address: __________________________________________

Telephone: __________________________________________

Facsimile: __________________________________________

E-mail: __________________________________________

Federal Taxpayer Identification: __________________________________________

Dun and Bradstreet Number: __________________________________________

b. GOVERNMENT: Contracting Specialist

NETWORK 23 CONTRACTING OFFICE

Attn: Daniel Reinke, Contract Specialist

316 Robert Street N.

St. Paul MN 55101

651-293-3037 daniel.reinke@va.gov

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:

[X] Monthly

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. Invoicing shall be in accordance with the requirements of The Department of Veterans Affairs (VA) Financial Services Center (VAFSC). The latest information shall be used for invoicing and payments and may change during the Period of Performance of this acquisition. Current Invoicing information is located at http://www.fsc.va.gov/einvoice.asp .

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

AMENDMENT NO DATE

B.2 SCHEDULE OF SERVICES

The Contractor shall furnish all personnel required to provide comprehensive pathology services to eligible beneficiaries of the Department of Veterans Affairs Central Iowa Health Care system (hereinafter referred to as VACIHCS).

1. Pathologist to perform on-site Monday-Friday microscopic and diagnostic examination of surgical samples with entry of results of all cases including cytology, bone marrows and other off-site consultation and technical work, into the VA electronic medical record (transcription of dictation provided by VA transcriptionist). See CLIN 0053 for on-site and CLIN 0054 for off-site.

2. Pathology Assistant (or Pathologist) to perform on-site Monday-Friday dictated gross examination of all surgical specimens submitted. See CLIN 0052.

3. On or off-site provision of peripheral smear examination by a pathologist, second review of all newly diagnosed malignancies, second review of 10% of all cases performed (random, quality review).

4. Administrative monthly meetings. See CLIN 0055.

5. 24/7 on-call coverage for any hours a pathologist is not on site. See CLIN 0057.

6. Monday-Friday daily courier services to transport samples to reference lab or contractor’s place of business. Incorporate pricing into CLINS 0001 – 0051.

7. Provision of off-site cytology and surgical pathology technical services and stains outside the scope of VACIHCS as outlined on the Per-Procedure Services list. Includes all professional interpretation of off-site studies such as cytology cases, bone marrow cases, flow cytometry, cytogenetic, FISH/MDS and any special stains or immunohistochemistry tests utilized to support the diagnosis.

See CLINS 0001 - 0051

Place of Performance (POP):

1. On-site surgical pathology professional services shall be provided at VACIHCS, Pathology & Laboratory Medicine Service, 3600 30th Street Des Moines, IA 50310.

2. Off-site cytology professional and technical work as well as off-site professional consultation on surgical pathology cases and related surgical pathology specialized testing and stains will be completed at the contractor’s place of business or subcontracted laboratory.

Pricing Instructions:

The offeror is instructed to edit the number of SUB-CLINs to correspond with the number of key personnel submitted for the CLIN. Other commercial health care Offerors shall identify by title/position or level of experience the key personnel submitted. Also, renumber SUB-CLINs if adding or removing Key Personnel.

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

The Contractor shall propose up to five general pathologists and up to two pathology assistants to rotate daily on-site coverage. Key on-site personnel to be credentialed and be available for scheduling to meet the requirements of the contract. In addition, contractor’s pathology group must include at least one Cytopathologist, one Dermatopathologist and one Hematopathologist to provide off-site consultation (only personnel that will provide on-site services must be credentialed by VACIHCS).

The attached pricing schedule shall be filled out by the contractor. Be sure to fill out per-test and hourly pricing.

No additional services are authorized without prior approval through the administrative Contracting Officer and/or Contracting Officer.

See attachment 9 for price schedule.

The Government intends to have a single award IDIQ contract. Individual task orders will be issued via email. NCO 23 Contracting Personnel will be the only authorized personnel to place orders against this contract.

* When pricing for hourly rates please round to the nearest whole dollar.

** This solicitation is intended to be awarded as an IDIQ contract. The schedule consists only of estimates, not commitments to purchase that quantity.

*** Period of performance is based on the successful credentialing of candidates. If credentialing is not complete by the time of the period of performance start date the new period of performance will begin upon successful completion of credentialing.

B.3 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN

2011)

This solicitation includes FAR 52.219-4 Notice of Price Evaluation Preference for Hub Zone Small Business Concerns. 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.4 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.5 PERFORMANCE WORK STATEMENT

1. GENERAL:

1.1. Services Provided: The Contractor shall provide Board Certified Pathology services on-site, AND associated pathology reference testing and consultative services (off-site) in accordance with the specifications contained herein to beneficiaries of the Department of Veterans Affairs (VA) and the VA Central Iowa Health Care System. The Contractor agrees to furnish comprehensive pathology services, including all pathologist, required to provide daily on-site pathology professional services to perform microscopic and diagnostic examination of surgical samples. The contractor will also provide a Pathology Assistant (or pathologist) to perform on-site gross examination of pathology samples. In addition to on-site services, the contractor will provide off-site professional consultation as needed.

Off-site professional services will include pathologists with subspecialty fellowship training in Dermatopathology, Cytopathology and Hematopathology. Off-site services will include all cytology services (excluding GYN and urine cytology), both pathologist examination and diagnosis, and technical staff. Off-site services will also include all technical surgical pathology testing and stains outside the scope of Veterans Affairs Central Iowa Health Care System (hereinafter referred to as VACIHCS). Contractor must provide General Pathologist Board Certified in both clinical and anatomic pathology to perform on-site work and must provide a certified Pathology Assistant or Pathologist to perform on-site gross examination. The contractor must have at least one pathologist in the group with each of the following sub-specialties: Dermatopathology, Hematopathology, Cytopathology to provide off-site consultation. The contractor must provide testing listed in CLIN 0001 through 0052 of pricing schedule (attachment 9) that is beyond the scope of their laboratory by sending it to a College of American Pathologist accredited facility.

1.2. Place of Performance:

1.2.1. On-site: Contractor shall furnish on-site services at the VA Central Iowa Health Care System, Pathology & Laboratory Medicine Service, 3600 30th Street, Des Moines, IA 50310

1.2.2. Off-site: Services and Technical Component, will be performed at the contracted pathology group’s place of business or at a subcontracted laboratory that is accredited by the College of American Pathologists.

1.3. Authority: VAAR 873

1.4. Policy/Handbooks - The contractor shall be subject to the following policies, including any subsequent updates during the period of performance:

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

1.4.2. VHA Directive 2006-041 “Veterans’ Health Care Service Standards” (expired but still in effect pending revision) https://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=1443 http://www1.va.gov/vapubs/viewPublication.asp?Pub_ID=347 https://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=1443

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

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

1.4.5. VHA Handbook 1100.19 Credentialing and Privileging -

http://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=2910

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

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

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

1.4.8. Joint Commission - http://www.jointcommission.org/standards/

1.4.9. HHS OIG Website – http://oig.hhs.gov/exclusions/index.asp

1.4.10. American Journal for Infection Control - AJIC 1998; 26:289-354 http://www.cdc.gov/hicpac/pdf/InfectControl98.pdf

1.4.11. VHA Handbook 1106.1: Pathology and Laboratory Medicine Service (06OCT2008) http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=1779

1.4.12. Blood Borne Pathogens Standards, 28 CFR Part 1910.1030 https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table

1.5. 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.

1.5.1. ABP: American Board of Pathology

1.5.2. ACGME: Accreditation Council for Graduate Medical Education

1.5.3. ASCP: American Society of Clinical Pathologists

1.5.4. BLS: Basic Life Support

1.5.5. CAP: College of American Pathology

1.5.6. CDC: Centers for Disease Control and Prevention

1.5.7. CDR: Contract Discrepancy Report

1.5.8. CEU: Certified Education Unit

1.5.9. CME: Continuing Medical Education

1.5.10. CMP: Civil Monetary Penalty

1.5.11. CMS: Centers for Medicare and Medicaid Services

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

1.5.13. COR: Contracting Officer’s Representative – 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.

1.5.14. COS: Chief of Staff

http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=2135 http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=1364 http://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=2910 http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=2791 http://www.justice.gov/oip/foia_updates/Vol_XVII_4/page2.htm http://www.jointcommission.org/standards/ http://oig.hhs.gov/exclusions/index.asp http://www.cdc.gov/hicpac/pdf/InfectControl98.pdf http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=1779 https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table

1.5.15. CPARS: Contractor Performance Assessment Reporting System

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

1.5.17. 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.

1.5.18. DEA: Drug Enforcement Agency

1.5.19. ED: Emergency Department

1.5.20. EMR: Electronic Medical Record

1.5.21. FSMB: Federation of State Medical Boards

1.5.22. FTEE: Full Time Equivalency Employee is defined by VA as a minimum of 80 hours every two weeks and does not include holidays

1.5.23. HHS: Department of Health and Human Services

1.5.24. HIPAA: Health Insurance Portability and Accountability Act

1.5.25. HR: Human Resources

1.5.26. ISO: Information Security Officer

1.5.27. 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).

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

1.5.29. OSHA: Occupational Safety and Health Administration

1.5.30. OIT: Office of Information and Technology

1.5.31. OPM: Office of Pathologist Management

1.5.32. OPPE: Ongoing Provider Practice Evaluation

1.5.33. OR: Operating Room

1.5.34. P&LMS: Pathology and Laboratory Medicine Service

1.5.35. PIV: Personal Identity Verification

1.5.36. POP: Period of Performance

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

1.5.38. PWS: Performance Work Statement

1.5.39. QASP: Quality Assurance Surveillance Plan

1.5.40. RFP: Request for Proposal

1.5.41. VACIHCS: Veterans Affairs Central Iowa Health Care System

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

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

1.5.44. 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.

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

2. QUALIFICATIONS:

2.1. Staff/Facility

2.1.1. License – Contract pathologist(s) assigned by the Contractor to perform the services covered by this contract shall have a current license to practice medicine in any State, Territory, or Commonwealth of the United States or the District of Columbia. All licenses held by the personnel working on this contract shall be full and unrestricted licenses. Contract pathologist(s) who have current, full, and unrestricted licenses in one or more states, but who have, or ever had, a license restricted, suspended, revoked, voluntarily revoked, voluntarily surrendered pending action, or denied upon application will not be considered for the purposes of this contract.

2.1.2. Board Certification –

2.1.2.1. On-site Pathologists: All contract pathologist(s) shall be board certified in both Anatomic and Clinical Pathology. 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.

2.1.2.2. On-site Pathology Assistants: All contract pathology assistant(s) shall be board certified. 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.

2.1.2.3. Off-site Pathologists providing professional consultation and services shall be board certified in Anatomic and Clinical Pathology. At least one member in the group must have completed a fellowship training in each of the following subspecialties (Dermatopathology, Hematopathology, Cytopathology). Documentation of subspecialty certification shall be provided by the Contractor to the VA COR on an annual basis for each year of contract performance.

2.1.2.4. Off-site laboratory providing any technical work, special stains or specialized testing must be accredited by the College of American Pathologists. Documentation of accreditation will be provided upon request of the COR.

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 for ensuring that proposed pathologist(s) possess the requisite credentials, enabling the granting of privileges. No services shall be provided by any contract pathologist(s) prior to obtaining approval by VACIHCS Professional Standards Board, Medical Executive Board and Medical Center Director. Only pathologist(s) providing on-site services must be credentialed at VACIHCS.

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

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

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

2.1.6. Training (VA MANDATORY): Contractor shall meet all VACIHCS educational requirements and mandatory course requirements defined herein; all training must be completed by the Contractor’s pathologist(s) as required by the VACIHCS.

VA Privacy and Information Security Awareness and Rules of Behavior

Once per year 1 hour

Privacy and HIPAA Training Once per year 1 hour

2.1.6.1. OSHA regulation concerning occupational exposure to bloodborne pathogens: Contractor shall provide generic self-study training for all contract pathologist (s); provide their own Hepatitis B vaccination series at no cost to the VA if they elect to receive it; maintain an exposure determination and control plan; maintain required records; and ensure that proper follow-up evaluation is provided following an exposure incident. The VACIHCS 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 pathologist (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.

VARICELLA: Contractors shall provide proof of immunity for all Contractor physicians (This is applicable to all health care workers).

ACELLULAR PERTUSSIS: Contractors shall provide proof of 1 dose of Tdap vaccination for all Contractor physicians (This is applicable to all health care workers).

INFLUENZA: Contractors shall provide proof that all Contractor physicians have received the annual Influenza vaccine unless it is contraindicated. If the Contractor physician has a medical contraindication to the vaccine they shall be required to wear a mask during the Influenza season. (This is applicable to all health care workers).

2.1.7. National Provider Identification (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 http://www.cdc.gov/hicpac/pdf/InfectControl98.pdf 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.

DEA (as required) - Contractor shall provide copy of current DEA certificate

2.1.8. Conflict of Interest: The Contractor and all contract pathologist (s) are responsible for identifying and communicating to the CO and COR conflicts of interest at the time of proposal and during the entirety of contract performance. At the time of proposal, the Contractor shall provide a statement which describes, in a concise manner, all relevant facts concerning any past, present, or currently planned interest (financial, contractual, organizational, or otherwise) or actual or potential organizational conflicts of interest relating to the services to be provided. The Contractor shall also provide statements containing the same information for any identified consultants or subcontractors who shall provide services. The Contractor must also provide relevant facts that show how its 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.

2.1.9. Citizenship related Requirements:

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

2.1.9.2. 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.

2.1.9.3. 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.

2.1.9.4. 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.

2.1.9.5. 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.

2.1.10. 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.

2.1.10.1. Therefore, Contractor shall review the HHS OIG List of Excluded Individuals/Entities on the HHS OIG web site referenced above to ensure that the proposed contract pathologist

(s) are not listed. Contractor should note that any excluded individual or entity that submits a claim for reimbursement to a Federal health care program, or causes such a claim to be submitted, may be subject to a Civil Monetary Penalty (CMP) for each item or service furnished during a period that the person was excluded and may also be subject to treble damages for the amount claimed for each item or service. CMP’s may also be imposed against the Contractor that employ or enter into contracts with excluded individuals to provide items or services to Federal program beneficiaries.

2.1.10.2. 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 pathologist(s) are subject to review by VACIHCS 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 pathologist(s) covered by this contract for quality purposes will be provided by the VACIHCS COS and/or the Chief of the Service or his/her designee. A clinical COR may be appointed, however, only the CO is authorized to consider any contract modification request and/or make changes to the contract during the administration of the resultant contract.

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

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

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

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

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

2.7.1. Workers’ compensation

2.7.2. Professional liability insurance

2.7.3. Health examinations to include:

2.7.4. TB Skin Test and recent chest X-ray if there is a history of positive TB skin test

2.7.5. Evidence of Hepatitis B immunity (hepatitis immune titer, if the individual has had the series of shots;

if no immunity, evidence that the individual has started the Hepatitis B vaccination series

2.7.6. Evidence of a Hepatitis C titer

2.7.7. Varicella titer if contracted employee has not had chicken pox

2.7.8. Income tax withholding, and

2.7.9. Social security payments

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

2.9. Key Personnel:

2.9.1. On-Site: The VA Full Time Equivalency (FTEE) for the services required is estimated at 0.29

FTEE general pathologist on-site hours and estimated 0.1 FTEE pathology assistant on-site hours.

Contractor’s group must contain sufficient general pathologists to ensure daily 2.3 hours coverage for VACIHCS and enough specialty pathologists (Dermatopathology, Cytopathology and Hematopathology) to ensure timely results and meet timelines outlined in QASP. FTEE is defined by VA as a minimum of 80 hours every two weeks and does not include holidays.

2.9.2. The number of Board Certified Pathologists to staff Pathology and Laboratory Medicine Service within the VACIHCS, on a daily basis (be on-site) is one pathologist, as defined in paragraph Hours of Operation in this section.

2.9.3. Off-Site: At least one Cytopathologist, one Dermatopathologist and one Hematopathologist must be available to provide professional consultation/services off-site.

2.10. Emergency 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 days after the occurrence of any of these events and provide the information required below. After 90 days, the Contractor shall submit the information required below to the CO at least 15 calendar days prior to making any permanent substitutions.

2.10.1. 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. The contract will be modified to reflect any approved changes of key personnel.

2.10.2. For temporary substitutions where the key person shall not be reporting to work for three (3) consecutive work days or more, the Contractor shall provide a qualified replacement for the key person. The substitute shall have comparable qualifications to the key person. Any period exceeding two weeks will require the procedure as stated above.

2.10.3. The Government reserves the right to refuse acceptance of any Contractor personnel at any time after performance begins, if personal or professional conduct jeopardizes patient care or interferes with the regular and ordinary operation of the facility. Breaches of conduct include intoxication or debilitation resulting from drug use, theft, patient abuse, dereliction or negligence in performing directed tasks, or other conduct resulting in formal complaints by patient or other staff members to designated Government representatives. Standards for conduct shall mirror those prescribed by current federal pathologist regulations. Should the VACIHCS COS or designee show documented clinical problems or continual unprofessional behavior/actions with any contract pathologist (s), s/he may request, without cause, immediate replacement of said contract pathologist (s).

2.10.4. The CO and COR shall deal with issues raised concerning Contract pathologist (s) conduct. The final arbiter on questions of acceptability is the CO.

2.10.5. Contingency Plan: Because continuity of care is an essential part of VACIHCS’ medical services, The Contractor shall have a contingency plan in place to be utilized if the contract pathologist

(s) leaves Contractor’s employment or is unable to continue performance in accordance with the terms and conditions of the resulting contract.

2.10.6. Note: Evidence of completion of required licensure, credentials, required training, current competencies and background investigations must be validated for all contractor pathologist(s) referred to perform services under this contract prior to providing direct patient care. Contractor shall not have any pathologist report to duty until written notification is received from the Contracting Officer advising that the candidate (s) presented has met all requirements for contract performance.

3. HOURS OF OPERATION:

3.1. VACIHCS Business Hours: Pathology and Laboratory Medicine Service is a 24/7 operation.

3.1.1. CLIN 0052 through CLIN 0057 Pathology Professional Services:

Pathologist required at the Pathology Office VACIHCS at 8 a.m. Monday through Friday to complete on-site Surgical and Anatomic Pathology daily workload. Estimated hours for daily workload are 2 hours per day. Pathologist is expected to return to the VA for scheduled and emergency Frozen Section examinations, urgent hematology slides and for scheduled meetings. These are scheduled between 8 a.m. and 4:30 p.m. Monday-Friday. On rare occasions, an off-shift (4:30 p.m. to 8 a.m.

weekdays and anytime on weekends) emergency frozen section or hematology case might occur (approximately once per year), and the pathologist is expected to report to VACIHCS during off-shift.

Average total call back (scheduled and unscheduled) is 6-7 times per month or 80 per year. Contractor must provide an emergency call number(s) for anytime the Pathologist is not on-site. This will be utilized 24/7 excluding any hours the pathologist is on-site. Note: Contract Pathologist is expected to provide call-back and telephone consultation at no extra charge. Examples include transfusion-related questions from VACIHCS laboratory staff or calls from VACIHCS ordering physicians regarding consultation on surgical cases.

Pathology Assistant (or Pathologist) is required at Pathology & Laboratory Medicine Service at 12:30 p.m. Monday through Friday to complete grossing of daily specimens. Estimated hours are 1 hour per day.

Routine daily courier service to transport samples or slides to off-site location will occur between 8 a.m. and 4 p.m. at the discretion of the contractor (as long as turn-around expectations defined in the PWS are met). Urgent transport (as determined by VACIHCS staff physicians) is expected within 2 hours of notification.

Off-Site Professional Services shall be provided between 8 a.m. and 4:30 p.m.

3.1.2. CLIN 0001 through CLIN 0051 Per Procedure Technical Component and Pathology Referral Technical services that are outside the scope of VACIHCS technical personnel, such as surgical pathology special stains, immunohistochemistry stains, and cytology, will be provided off-site between 8 a.m. and 4:30 p.m. Monday through Friday and will be billed by CPT code. Referral of complex or specialized testing and services outside the scope of the contractor will be referred to a pathology reference center and billed by CPT code.

3.2. Work Schedule: Monday-Friday as outlined in 3.1, excluding Federal Holidays listed in 3.3.

3.3. Federal Holidays:

• New Year’s Day

• Martin Luther King’s Birthday

• President’s Day

• Memorial Day

• Independence Day

• Labor Day

• Columbus Day

• Veterans Day

• Thanksgiving Day

• Christmas Day

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

3.4. Cancellations: Contractor is required to provide an on-site generalist pathologist Monday-Friday excluding

Federal Holidays. Contractor cancellation is not acceptable.

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

4. CONTRACTOR RESPONSIBILITIES:

4.1. Clinical Pathologist Required: The Contractor shall provide contract pathologist (s) and pathology assistant

(s) who are competent, qualified per this performance work statement and adequately trained to perform assigned duties.

4.1.1. Contract pathologist (s) and pathology assistant (s) shall be responsible for checking in with the

Laboratory Secretary or Histopathology technician at scheduled times. Deviations from scheduled times will be logged and used by the COR to confirm schedule compliance.

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

4.2.1. The College of American Pathology http://www.cap.org/apps/cap.portal

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

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

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

4.2.6. The requirements contained in this PWS

4.3. MEDICAL RECORDS

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

http://www.cap.org/apps/cap.portal https://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=1443 http://www.jointcommission.org/standards_information/standards.aspx http://www.hpoe.org/resources?show=100&type=8

4.3.2. HIPAA: This contract and its requirements meet exception in 45 CFR 164.502(e), and do not require a BAA in order for…