36C26319Q0371-001.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

36C26319Q0371 03-08-2019

Lora Gross 651-293-3021 03-22-2019

10:00 AM CT

36C618

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

Charles Hurry

316 Robert Street N. STE. 506

St. Paul MN 55101

X 100

X

561320

$27.5 Million

N/A

Department of Veterans Affairs

Minneapolis VA Medical Center

One Veterans Drive, Building 70

Minneapolis MN 55417

NETWORK 23 CONTRACTING OFFICE

Charles Hurry

Y

See Section B.3 Performance Work

Statement (PWS) Section 6.2

See CONTINUATION Page

1.0 FTE Anesthesiology Locum Services for Minneapolis VA

Health Care System - Six-Months

See CONTINUATION Page

X X

X 1

Charles Hurry

Contracting Officer

36C26319Q0371

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 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 PERFORMANCE WORK STATEMENT

B.4 IT CONTRACT SECURITY

SECTION C - CONTRACT CLAUSES

C.1 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (OCT 2018)

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.3 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESS SET-ASIDE (JUL 2016)(DEVIATION)

C.4 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

C.5 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.6 VAAR 852.237-7 INDEMNIFICATION AND MEDICAL LIABILITY INSURANCE

(JAN 2008)

C.7 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)

C.8 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 Attachment A – Contractor Rules of Behavior

D.2 Attachment B – Immigration and Nationality Certification

D.3 Attachment C – Organizational Conflict of Interest

D.4 Attachment D – Quality Assurance Surveillance Plan (QASP)

SECTION E - SOLICITATION PROVISIONS

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

1998)

QUOTE SUBMISSION INSTRUCTIONS

E.2 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

E.3 52.216-1 TYPE OF CONTRACT (APR 1984)

E.4 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS (OCT 2018)

E.5 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.6 VAAR 852.209-70 ORGANIZATIONAL CONFLICTS OF INTEREST (JAN 2008) .. 76

E.7 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

(SEP 2018)

E.8 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (SEP 2018)

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)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C263

NETWORK 23 CONTRACTING OFFICE

Charles Hurry

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

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

Management, or [] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Monthly

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

Department of Veterans Affairs See Section B.3 Performance Work Statement (PWS) Section 6.2

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

AMENDMENT NO DATE

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1,040.00 HR Not Separately Priced Board Certified Anesthesiologist

0001AA

1,040.00 HR ______________ _______________

Board Certified Anesthesiologist

Name:______________________________________________ Title: _______________________________________________ Contract Period: Base POP Begin: 04-15-2019 POP End: 10-14-2019

GRAND TOTAL __________________

B.3 PERFORMANCE WORK STATEMENT

Performance Work Statement for Onsite Anesthesiology Physician Services

1. GENERAL:

1.1. Services Provided: The contractor shall provide Board-Certified Anesthesiology Physician Services on site in accordance with the specifications contained herein to beneficiaries of the Department of Veterans Affairs (VA) and the Minneapolis VA Health Care System.

1.1.1. Scope of Services: The contractor will provide the services of a Board-Certified Anesthesiology Physician services for one (1.0) FTE to perform clinical services on-site.

1.2. Place of Performance: Contractor shall furnish services at the Minneapolis VA Health

Care System, One Veterans Drive, Minneapolis, MN 55417.

1.3. Period of Performance: Services are required for six-months.

1.4. Authority: Title 38 USC 8153, Health Care Resources (HCR) sharing Authority and FAR 12 in combination with 15.

1.5. 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.

1.5.1. VA Directive 1663: Health Care Resources Contracting - Buying https://www1.va.gov/vapubs/viewPublication.asp?Pub_ID=969&FType=2

1.5.2. 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

1.5.3. VHA Directive 2010-018 “Facility Infrastructure”

www.va.gov/vhapublications/ViewPublication.asp?pub_ID=2227

1.5.4. VHA Directive 1192 “Seasonal Influenza Prevention Program” https://www.publichealth.va.gov/docs/flu/VHA_Directive_1192_Sep

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

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

1.5.7. VHA Handbook 1100.19 Credentialing and Privileging -

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

1.5.8. VHA Handbook 1400.01 Resident Supervision

http://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=2847 https://www1.va.gov/vapubs/viewPublication.asp?Pub_ID=969&FType=2 http://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=2227 https://www.publichealth.va.gov/docs/flu/VHA_Directive_1192_Sep 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://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=2847

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

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

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

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

1.5.11.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 public. Copies of these policies will be provided upon award:

1.5.11.1. EC-14D – PIV Card Policy (Personnel Identification Verification - ID Badge)

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

1.5.11.3. IC-01F – Infection Precautions

1.5.11.4. IM-01K - Medical Records (Management of Information)

1.5.11.5. IM-06D – Information Security Policy/ Procedures

1.5.11.6. MS-02H – Resident Supervision

1.5.11.7. PE-01G – Assessment of Patients

1.5.11.8. TX-04H – Medication Use

1.6. 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.

1.6.1. ABA: American Board of Anesthesiology http://www.theaba.org/

1.6.2. ACGME: Accreditation Council for Graduate Medical Education

1.6.3. ACLS: Advanced Cardiac Life Support

1.6.4. AOD: Admitting Officer of the Day

1.6.5. ASA: American Society of Anesthesiologists

1.6.6. BLS: Basic Life Support

1.6.7. CCNE: Commission on Collegiate Nursing Education:

www.aacn.nche.edu/accreditation

1.6.8. CDC: Centers for Disease Control and Prevention

1.6.9. CR: Contract Discrepancy Report

1.6.10. CEU: Certified Education Unit

1.6.11. CME: Continuing Medical Education

1.6.12. CMS: Centers for Medicare and Medicaid Services

1.6.13. 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.

http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=2791 http://www.justice.gov/oip/foia_updates/Vol_XVII_4/page2.htm http://www.theaba.org/ http://www.aacn.nche.edu/accreditation

1.6.14. 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.

1.6.15. COS: Chief of Staff

1.6.16. CPARS: Contractor Performance Assessment Reporting System

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

1.6.18. 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.

1.6.19. DEA: Drug Enforcement Agency

1.6.20. ED: Emergency Department

1.6.21. FSMB: Federation of State Medical Boards

1.6.22. HHS: Department of Health and Human Services

1.6.23. HIPAA: Health Insurance Portability and Accountability Act

1.6.24. HR: Human Resources

1.6.25. ISO: Information Security Officer

1.6.26. 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.

1.6.27. MOD: Medical Officer of the Day

1.6.28. 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).

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

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

1.6.31. NP: Nurse Practitioner

1.6.32. NPPES: National Plan and Provider Enumeration System

http://www.nlnac.org/

1.6.33. PA: Physician Assistant

1.6.34. POP: Period of Performance

1.6.35. PWS: Performance Work Statement

1.6.36. 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.

1.6.37. QA/QI: Quality Assurance/Quality Improvement

1.6.38. QM/PI: Quality Management/Performance Improvement

1.6.39. QASP: Quality Assurance Surveillance Plan

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

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

1.6.42. 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.

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

1.6.44. 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.

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 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: Contractor’s physician shall be Board Certified by the American Board of Anesthesiology (ABA), 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(s) possesses the requisite credentials enabling the granting of privileges. No services shall be provided by any contractor’s physician(s) prior to obtaining approval by the Minneapolis VA Health Care System 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 all 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(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 contractor’s physician.

2.1.6. Training (ACLS, BLS, CPRS and VA MANDATORY): Contractor 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.

Other training may become required. VA will communicate any changes to the training requirement to the contractor.

Training Frequency Annual Hours VA Privacy and Information Security Awareness and Rules of Behavior – TMS course # 10176

Once a Year 1 hour

Mandatory Training for Transient Clinical Staff – TMS course # 20152

Once a Year 1.5 hours

ACLS/BLS – TMS course # 324129 Every 24 months 4 hours

Prevention/Management of Disruptive Behavior/Violence Prevention Levels 1 – TMS course # 16699

Once .75

Suicide Prevention: Suicide Risk Management Training for Clinicians

– TMS course # 6201

Once a year 1 hour

CPRS: Tab by Tab – TMS course # 8512 or classroom

Once 4 hours

Prevention/Management of Disruptive Behavior/Violence Prevention Level 2 – TMS course # 23805

Every 24 months 2 hours

Prevention/Management of Disruptive Behavior/Violence Prevention Level 3 – TMS course # 12510

Every 24 months 4 hours

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 Tuberculosis Skin Test (TST) or interferon-gamma release assays (IGRA) for contractor’s physician {This is applicable to all health care workers}. A negative chest radiographic report for active tuberculosis shall be provided in cases of positive TST or IGRA results. The TST or IGRA testing shall be repeated annually.

2.1.7.2. MEASLES, MUMPS, & RUBELLA TESTING: Contractors shall provide proof of immunity for contractor physician {This is applicable to all health care workers}.

2.1.7.3. VARICELLA: Contractors shall provide proof of immunity for contractor physician. {This is applicable to all health care workers}.

2.1.7.4. ACELLULAR PERTUSSIS: Contractors shall provide proof of 1 dose of Tdap vaccination for contractor physician {This is applicable to all health care workers}.

2.1.7.5. INFLUENZA: Contractors shall provide proof that contractor physician 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}.

2.1.7.6. OSHA REGULATION CONCERNING OCCUPATIONAL EXPOSURE TO

BLOODBORNE PATHOGENS: Contractor shall provide evidence of completing and passing generic self-study blood-borne pathogen training for all contractor physician {This is applicable to all health care workers}; provide their own Hepatitis B vaccination series and hepatitis B surface antigen test results following the hepatitis B vaccination series; maintain an exposure determination and control plan; maintain required records; and ensure that proper follow-up evaluation is provided following an exposure incident.

2.1.7.7. 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 (as required): Contractor shall provide copy of current DEA certificate. DEA has granted VA an exception to allow on-station contract physicians to use the Minneapolis VA’s institutional DEA registration number with suffix when prescribing or administering controlled substances, provided they are professionally licensed to prescribe controlled substances in any State, Territory or Commonwealth of the United States of America or the District of Columbia. The contract physician is limited to prescribing and handling the controlled substance schedules as authorized by his/her license. Prescribing or administering controlled substances is exclusively limited to VA beneficiaries.

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 non-immigrant foreign nationals working under contract or subcontract for the contractor while providing services to Department of Veterans Affairs patient referrals;

http://www.cdc.gov/hicpac/pdf/InfectControl98.pdf

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(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.

2.1.12.2. 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.

http://oig.hhs.gov/exclusions/index.asp

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 contractor’s 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 physicians are 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), 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. Sick leave

2.7.3. Vacation time

2.7.4. Professional liability insurance

2.7.5. Health examinations

2.7.6. Income tax withholding, and

2.7.7. 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 non-action 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.

2.9.1. The VA Full Time Equivalency (FTE) for the services required is for 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 board-certified Anesthesiology physicians required to be on-site at the MVAHCS is equivalent to a 1.0 FTE or up to 40 hours per week. The tour of duty is defined below in Section 3 – Hours of Operation.

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.

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

2.9.4.2. 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.

2.9.4.3. 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 personnel regulations. Should the VA COS or designee show documented clinical problems or continual unprofessional behavior/actions with any contractor’s physician(s), s/he may request, without cause, immediate replacement of said contractor’s physician(s). The CO and COR shall deal with issues raised concerning contractor’s physician (s) conduct.

The final arbiter on questions of acceptability is the CO.

2.9.4.4. Contingency Plan: Because continuity of care is an essential part of VAMC’s medical services, the contractor shall have a contingency plan in place to be utilized if the contractor’s physician(s) leaves contractor’s employment or is unable to continue performance in accordance with the terms and conditions of the resulting contract.

3. HOURS OF OPERATION:

3.1. VA Business Hours: The Minneapolis VA Medical Center is open 24 hours per day 7 days a week, 365 days per year. The services covered by this contract shall be furnished by the contractor as defined in the work schedule below. The contractor shall also be required to furnish on-call coverage and provide emergency services on Federal Holidays, evenings and weekends.

3.1.1. Patients must be seen by the Contractor’s physician on-site at MVAHCS in a timely manner in accordance with VA Rules and Regulations on clinic wait times and consult completion. Contractor shall notify the COR at least monthly about any obstacles to meeting this performance measure.

3.1.2. Contractor’s physician shall be available and physically present in the Minneapolis VAHCS during assigned tour of duty hours. Tour of duty is established, and may be revised, as deemed apporopriate for patient care by the Chief of Staff.

3.2. Work Schedule:

3.2.1. Anesthesiologist shall provide services to Minneapolis VAHCS an estimated 80 hours every two weeks with the exception of weeks with Federal Holidays. The schedule and tour of duty is defined by the Clinical Service Chief and may vary based on the nature of the workload, needs of the service, and patient care requirements. Work schedules will be provided by the Anesthesia Surgery Program Support Assistant a minimum of thirty (30) calendar days from beginning of the next month.

3.2.2. Tour of Duty: The normal Anesthesia Department tour of duty for weekdays, Monday through Friday, with the exception of Federal Holidays, is as follows:

3.2.2.1. Daily tour of Duty – shifts may vary as follows:

• Start time is 6:30 a.m. – End time is 3:00 p.m. or

• Start time is 6:30 a.m. – End time is 5:00 p.m.

Note: All daily tours will include a 30-minute non-paid lunch break.

3.2.2.2. Call Coverage Tour: On-call hours are estimated not to exceed 166 hours per month. Current on-call hours are:

• Weekday Call: Monday – Thursday coverage is 7:00 a.m. – 7:00 a.m. next day.

• Weekend Call: starts Friday at 7:00 a.m. and goes to 7:00 a.m. on Monday

• Holiday Call: coverage is from 7:00 a.m. – 7:00 a.m. next day

3.2.2.3. Late Shift tour with Day Off: On days when Anesthsiologist is scheduled to be on-call, the provider will work an extended day/evening shift. The extended shift will be from 7:00 a.m. until the end of the day’s surgical cases, usually between 8:00 p.m. to 10:00 p.m. Call coverage begins when the Anesthesiologist leaves the hospital to go home after the end of the extended shift and lasts until 7:00 a.m. the following morning. The day following the working of an extended “late shift tour” will be considered a workday.

3.2.2.4. All daily work schedule tours will not end until all patient care has been completed.

3.2.2.4. The contract physician may not work at another facility during normal VA tour of duty.

3.2.3. Off-hours Coverage: Contractor must make the contract physician available on-call during all hours when the Minneapolis VAHCS clinics and operating room are generally closed, including evenings, weekends and holidays. The anesthesiology call-coverage rotates with seven (7) to nine (9) anesthesiologists. Current rotation is one (1) out of every seven (7) days and every seventh weekend.

3.2.3.1. On-call contract physician must be available at all times for phone consultations with VA physicians and residents.

3.2.3.2. Anesthesiologist will respond to call within 15 minutes of receipt of call and be on-site when needed within 30 minutes of receipt of call.

3.2.3.3. When Anesthesiologist is on-call, the anesthesiologist will have the next weekday off.

3.2.3.4. Concurrent call is not acceptable

3.2.3.5. Contract physician will not be paid a fee for carrying a pager. If call results in on-site services, physician will be paid at the contract hourly rate.

3.3. Federal Holidays: The following holidays are observed by the Department of Veterans

Affairs:

• New Year’s Day

• Martin Luther King’s Birthday

• President’s Day

• Memorial Day

• Independence Day

• Labor Day

• Columbus Day

• Veterans Day

• Thanksgiving

• Christmas

• Any day specifically declared to be a national holiday.

3.4. Cancellations: Unless a state of emergency has been declared, the contractor shall be responsible for providing services unless contractor’s provider is excused per the procedure list above.

4. CONTRACTOR RESPONSIBILITIES:

4.1. Clinical Personnel Required: The contractor shall provide contractor’s physician who are competent, qualified per this performance work statement and adequately trained to perform assigned duties.

4.1.1. Contractor’s physician shall be responsible for signing in and out when in attendance. Time sheets will be used by the COR to confirm hours/day and services provided against the contractor’s invoices.

4.2. Standards of Care: The contractor’s physician care shall cover the range of

Anesthesiology services as would be provided in a state-of-the-art health care facility and the standard of care shall be of a quality, meeting or exceeding currently recognized national standards as established by:

4.2.1. American Society of Anesthesiology (ASA) Guidelines: http://www.asahq.org/For- Members/Standards-Guidelines-and-Statements.aspx

4.2.2. VA Standards: VHA Directive 2006-041 “Veterans’ Health Care Service Standards” (expired but still in effect pending revision)

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

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

4.2.5. The requirements contained in this PWS

4.3. Resident Supervision and Teaching: Reserved

4.4. MEDICAL RECORDS

4.4.1. Authorities: Contractor’s physician(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).

4.4.2. HIPAA: This contract and its requirements meet exception in 45 CFR 164.502(e), and do not require a BAA in order for Covered Entity to disclose Protected Health Information to: a health care provider for treatment. Based on this exception, a BAA is not required for this contract. Treatment and administrative patient records generated by this contract or provided to the contractors by the VA are covered by the VA system of records entitled ‘Patient Medical Records-VA’ (24VA19).

Contractor generated VA Patient records are the property of the VA and shall not be accessed, released, transferred, or destroyed except in accordance with applicable laws and regulations. Contractor shall ensure that all records pertaining to medical care and services are available for immediate transmission when http://www.asahq.org/For-Members/Standards-Guidelines-and-Statements.aspx http://www.asahq.org/For-Members/Standards-Guidelines-and-Statements.aspx 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 http://www.rms.oit.va.gov/SOR_Records/24VA19.asp http://www.rms.oit.va.gov/SOR_Records/24VA19.asp requested by the VA. Records identified for review, audit, or evaluation by VA representatives and authorized federal and state officials, shall be accessed on-site during normal business hours or mailed by the contractor at his expense.

Contractor shall deliver all final patient records, correspondence, and notes to the VA within twenty-one (21) calendar days after the contract expiration date.

4.4.3. Disclosure: Contractor’s physician(s) may have access to patient medical records:

however, contractor shall obtain permission from the VA before disclosing any patient information. Subject to applicable federal confidentiality or privacy laws, the contractor, or their designated representatives, and designated representatives of federal regulatory agencies having jurisdiction over contractor, may have access to VA ‘s records, at VA’s place of business on request during normal business hours, to inspect and review and make copies of such records. The VA will provide the contractor with a copy of VHA Handbook 1907.1, Health Information management and Health Records and VHA Handbook 1605.1, Privacy and Release of Information. The penalties and liabilities for the unauthorized disclosure of VA patient information mandated by the statutes and regulations mentioned above, apply to the contractor.

4.4.4. Professional Standards for Documenting Care: Care shall be appropriately documented in medical records in accordance with standard commercial practice and guidelines established by VHA Handbook 1907.01 Health Information Management and Health Records:

http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=2791 and all guidelines provided by the VAMC.

4.4.5. Release of Information: The VA shall maintain control of releasing any patient medical information and will follow policies and standards as defined, but not limited to Privacy Act requirements. In the case of the VA authorizing the contractor to release patient information, the contractor in compliance with VA regulations, and at his/her own expense, shall use VA Form 3288, Request for and Consent to Release of Information from Individual’s Records, to process “Release of Information Requests.” In addition, the contractor shall be responsible for locating and forwarding records not kept at their facility. The VA’s Release of Information Section shall provide the contractor with assistance in completing forms. Additionally, the contractor shall use VA Form 10-5345, Request for and Authorization to Release Medical Records or Health Information, when releasing records protected by 38 U.S.C. 7332. Treatment and release records shall include the patient’s consent form. Completed Release of Information requests will be forwarded to the VA Privacy Officer at the following address: Jon Power, Jon.Power@va.gov, 612-467-2365.

4.5. Direct Patient Care: estimated 98% of the time involved in direct patient care.

4.5.1. Per the qualification section of this PWS, the contractor shall provide the following staff:

4.5.1.1. Contractor shall provide 1.0 FTE Board Certified Anesthesiologist

4.5.1.2. Scope of Care: Contract Anesthesiologist shall be responsible for providing anesthesiology care at the MVAHCS in operating rooms and procedure rooms. On average, the MVAHCS has thirteen (13) operating rooms and two

- three out of OR procedure rooms (GI, Cardiac Cath Lab and Interventional Radiology), that are staffed daily for surgical and procedure cases. The average annual case load consists of approximately 6085 cases performed in http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=1469 http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=1469 http://www1.va.gov/vhapublications/viewpublication.asp?pub_id=1423 http://www1.va.gov/vhapublications/viewpublication.asp?pub_id=1423 http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=2791 http://www4.va.gov/vaforms/va/pdf/VA3288.pdf http://www4.va.gov/vaforms/va/pdf/VA3288.pdf http://www4.va.gov/vaforms/medical/pdf/vha-10-5345-fill.pdf http://www4.va.gov/vaforms/medical/pdf/vha-10-5345-fill.pdf mailto:Jon.Power@va.gov operating room surgical suites and approximately 700 procedures requiring anesthesia support in procedure room in the Medical Center.

All small cases, lumps, bumps, biopsies, etc. are conducted in clinics. All cases conducted in anesthetizing locations required anesthesia attendance. The Medical Center conducts numerous cardiac cases, large vascular cases (aneurysms) and extensive cancer surgeries with over 66% of cases classified as major surgery. The predominate age of surgical patients is 65 – 75 years and the average America Society for Anesthesiologist (ASA) physical classification status is 3 – 5.

4.5.1.3. Clinic and Surgical Care: Contractor’s physician shall provide clinical

Anesthesiology services. Contractor’s physician shall be present on time for any scheduled clinics/surgeries as documented by physical presence in the clinic or operating room at the scheduled start time.

4.5.1.3.1. Operative Services: Contractor’s physician shall provide comprehensive clinical anesthesiology services including patients undergoing cardiac surgery, orthopedic joint replacement, and major vascular, thoracic, neurosurgical, plastic, ENT, urologic and ophthalmologic operations.

4.5.1.3.2. Contractor’s physician shall provide clinical care of patients undergoing electroconvulsive therapy and diagnostic and therapeutic procedures in the cardiac catheterization laboratory, electrophysiology, gastrointestinal and radiological suites.

4.5.1.3.3. Contractor’s physician shall provide primary coverage for all patients in the surgical intensive care, short stay unit, acute and chronic pain management services, diagnostic trans esophageal echocardiography for medical and surgical patients, and emergency airway management.

4.5.1.3.4. Contractor’s physician shall provide consultative services at the patient’s bedside if the patient is not ambulatory and in the clinic setting if the patient is able to report to the outpatient clinic.

4.5.1.3.5. Provide consultative services at the patient’s bedside.

4.5.1.3.6. Render anesthesia services to patients having a wide range of complex surgical and non-surgical invasive procedures including: major neurosurgical procedures; major vascular…