36C26319R0007.docx

36C26319R0007

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 X

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

438-19-2-191-0009 36C26319R0007 12/11/2018 Daniel Reinke 651-293-3037 01/07/2019

8AM CST

36C618 Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

ATTN: Daniel Reinke 316 Robert Street N. STE. 506 St. Paul MN 55101 X 621111 $11 Million X N/A X Department of Veterans Affairs Sioux Falls VA Medical Center 2501 W 22nd Street Sioux Falls SD 57105 Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

ATTN: Daniel Reinke 316 Robert Street N. STE. 506 St. Paul MN 55101

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

- Gastroenterology Services for the Sioux Falls VAHCS

- See B.2 for Schedule of Services X X

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

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

CENTRAL CONTRACTOR REGISTRATION IS REQUIRED TO BE ACCOMPLISHED BY THE CONTRACTOR BEFORE CONTRACT AWARD. https://www.sam.gov/portal/public/SAM (SEE FAR PART 12) CAUTION - LATE Submissions, Modifications, and Withdrawals: See provision 52.212-1 “Instructions to Offerors – Commercial Items). All offers are subject to all terms and conditions of this solicitation.

1. CONTRACT ADMINISTRATION DATA

a. CONTRACT ADMINISTRATION: List below responsible party that may be contacted during the term of this contract for matters pertaining to the contract:

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

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

B.1 SCHEDULE OF SERVICES

The Contractor shall furnish all personnel to provide services necessary to perform on-site Gastroenterology Physician Services to eligible beneficiaries of the Department of Veterans Affairs (VA), Sioux Falls, SD VA Health Care System (VAHCS). The Contractor’s physician(s)’ care shall cover the range of Gastroenterology services as would be provided in a state-of-the-art health care medical treatment facility and the standard of care shall be of a quality, meeting or exceeding currently recognized national standards as established by the American College of Physicians- Internal Medicine http://www.acponline.org/clinical_information/guidelines/ and American College of Gastroenterology Guidelines: http://gi.org/clinical-guidelines/.

Place of Performance: Services shall be provided on-site, Sioux Falls VAHCS, 2501 W 22nd Street, Sioux Falls SD 57105.

Period of Performance: Twelve (12) Month Base Period and four (4) 12-Month Option Years (to be exercised at the discretion of the Government) Pricing Instructions:

Offerors must fill out the cells in the following columns in the Price Schedule for each Contract Line Item Number (CLIN). For pricing and evaluation purposes, the current CMS rates should be used in completing each CLIN for the base year. The same rates must be entered for option years.

Throughout the life of the contract the VA will pay the awarded firm fixed percentage of the Medicare rate effective at the time the service is provided by the Contractor.

The basis of the contractor’s proposed firm fixed percentage of Medicare rate will be used by the Government for future pricing of additional codes/procedures and for reimbursement under the contract. The basis of estimate used for your fixed price, i.e. the way that your price is calculated, shall remain the same throughout the life of the contract and may be validated by post award audits.

The Offeror shall complete the attached price schedule for the performance location proposed. No CLINS or codes should be left blank. If for some reason a code on the schedule has expired or is for any other reason unusable, offerors shall annotate the Price per Code block with “N/A” or otherwise notate the replacement code.

The Offeror shall base pricing on the application of Medicare reimbursement rules. All spreadsheets must be submitted in Microsoft Excel and without protected/locked portions or other methods which prevent or do not facilitate expeditious pricing validation. PDF files and similarly constructed files are not acceptable.

Source for CMS Rate proposed: https://www.cms.gov/apps/physician-fee-schedule/license-agreement.aspx . Services shall be performed at the Sioux Falls VAHCS. The Sioux Falls VAHCS shall provide scheduling, anesthesia support, all nursing support, equipment, space, supplies, and technicians as required. As such, the Offeror shall use the CMS Facility Rate for the State of South Dakota when calculating cost.

This is an on-site requirement reimbursed on a per procedure basis. The costs of facility RVUs should be excluded from pricing and that pricing should only be based on work and malpractice components of RVUs.

Period of Performance:

B.2 PRICE SCHEDULE

BASE YEAR: 2/1/2019 to 1/31/2020

Upper gastrointestinal endoscopy including esophagus, stomach, and either the duodenum and/or jejunum as appropriate; diagnostic, with or without collection of specimen(s) by brushing or washing (separate procedure)

Biopsy of the esophagus, stomach, and/or upper small bowel using an endoscope

Removal of polyps or growths of esophagus, stomach, and/or upper small bowel using an endoscope

Upper gastrointestinal endoscopy including esophagus, stomach, and either the duodenum and/or jejunum as appropriate; with balloon dilation of esophagus (less than 30 mm diameter)

Removal of polyps or growths of esophagus, stomach, and/or upper small bowel using an endoscope

Colonoscopy, flexible; diagnostic, including collection of specimen(s) by brushing or washing, when performed, (separate procedure)

Discontinued procedure; provider was unable to pass the instrument past the splenic flexure.

Colonoscopy, flexible, proximal to splenic flexure; with biopsy, single or multiple

Colonoscopy, flexible; with removal of tumor(s), polyp(s), or other lesion(s) by snare technique

OPTION YEAR 1: 2/1/2020 to 1/31/2021

Upper gastrointestinal endoscopy including esophagus, stomach, and either the duodenum and/or jejunum as appropriate; diagnostic, with or without collection of specimen(s) by brushing or washing (separate procedure)

Biopsy of the esophagus, stomach, and/or upper small bowel using an endoscope

Removal of polyps or growths of esophagus, stomach, and/or upper small bowel using an endoscope

Upper gastrointestinal endoscopy including esophagus, stomach, and either the duodenum and/or jejunum as appropriate; with balloon dilation of esophagus (less than 30 mm diameter)

Removal of polyps or growths of esophagus, stomach, and/or upper small bowel using an endoscope

Colonoscopy, flexible; diagnostic, including collection of specimen(s) by brushing or washing, when performed, (separate procedure)

Discontinued procedure; provider was unable to pass the instrument past the splenic flexure.

Colonoscopy, flexible, proximal to splenic flexure; with biopsy, single or multiple

Colonoscopy, flexible; with removal of tumor(s), polyp(s), or other lesion(s) by snare technique

OPTION YEAR 2: 2/1/2021 to 1/31/2022

Upper gastrointestinal endoscopy including esophagus, stomach, and either the duodenum and/or jejunum as appropriate; diagnostic, with or without collection of specimen(s) by brushing or washing (separate procedure)

Biopsy of the esophagus, stomach, and/or upper small bowel using an endoscope

Removal of polyps or growths of esophagus, stomach, and/or upper small bowel using an endoscope

Upper gastrointestinal endoscopy including esophagus, stomach, and either the duodenum and/or jejunum as appropriate; with balloon dilation of esophagus (less than 30 mm diameter)

Removal of polyps or growths of esophagus, stomach, and/or upper small bowel using an endoscope

Colonoscopy, flexible; diagnostic, including collection of specimen(s) by brushing or washing, when performed, (separate procedure)

Discontinued procedure; provider was unable to pass the instrument past the splenic flexure.

Colonoscopy, flexible, proximal to splenic flexure; with biopsy, single or multiple

Colonoscopy, flexible; with removal of tumor(s), polyp(s), or other lesion(s) by snare technique

OPTION YEAR 3: 2/1/2022 to 1/31/2023

Upper gastrointestinal endoscopy including esophagus, stomach, and either the duodenum and/or jejunum as appropriate; diagnostic, with or without collection of specimen(s) by brushing or washing (separate procedure)

Biopsy of the esophagus, stomach, and/or upper small bowel using an endoscope

Removal of polyps or growths of esophagus, stomach, and/or upper small bowel using an endoscope

Upper gastrointestinal endoscopy including esophagus, stomach, and either the duodenum and/or jejunum as appropriate; with balloon dilation of esophagus (less than 30 mm diameter)

Removal of polyps or growths of esophagus, stomach, and/or upper small bowel using an endoscope

Colonoscopy, flexible; diagnostic, including collection of specimen(s) by brushing or washing, when performed, (separate procedure)

Discontinued procedure; provider was unable to pass the instrument past the splenic flexure.

Colonoscopy, flexible, proximal to splenic flexure; with biopsy, single or multiple

Colonoscopy, flexible; with removal of tumor(s), polyp(s), or other lesion(s) by snare technique

OPTION YEAR 4: 2/1/2023 to 1/31/2024

Upper gastrointestinal endoscopy including esophagus, stomach, and either the duodenum and/or jejunum as appropriate; diagnostic, with or without collection of specimen(s) by brushing or washing (separate procedure)

Biopsy of the esophagus, stomach, and/or upper small bowel using an endoscope

Removal of polyps or growths of esophagus, stomach, and/or upper small bowel using an endoscope

Upper gastrointestinal endoscopy including esophagus, stomach, and either the duodenum and/or jejunum as appropriate; with balloon dilation of esophagus (less than 30 mm diameter)

Removal of polyps or growths of esophagus, stomach, and/or upper small bowel using an endoscope

Colonoscopy, flexible; diagnostic, including collection of specimen(s) by brushing or washing, when performed, (separate procedure)

Discontinued procedure; provider was unable to pass the instrument past the splenic flexure.

Colonoscopy, flexible, proximal to splenic flexure; with biopsy, single or multiple

Colonoscopy, flexible; with removal of tumor(s), polyp(s), or other lesion(s) by snare technique

Total for base Year:

Total for Option Year:

Total for Option Year 2:

Total for Option Year 3:

Total for Option Year 4:

Total for base performance year and all option years: $_________________________ In accordance with FAR 16.504(a)(1), The guaranteed minimum and maximum dollar amounts are listed in the table below. These amounts cover the base and option of the contract. The maximum dollar amounts listed shall not be exceeded.

Minimum $5,000.00 Maximum $500,000 Ordering Procedures:

A task order will be placed by the Administrative NCO 23 Contracting Officer.

Each ordering vehicle will document the quantity, and other pertinent data to ensure the services provide the appropriate level of patient care to the maximum order allowable under the resultant contract. No additional services are authorized without prior approval through the Administrative Contracting Officer and/or Contracting Officer. It is anticipated that a single contract will be awarded.

B.2 PERFORMANCE WORK STATEMENT

1. GENERAL:

0. Services Provided: The Contractor shall provide Board Certified Gastroenterology Physician for on-site, per procedure service in accordance with the specifications contained herein to beneficiaries of the Department of Veterans Affairs (VA) and the Sioux Falls VA Health Care System (VAHCS).

0. Place of Performance - Contractor shall furnish services at the Sioux Falls VA Health Care System (VAHCS), 2501 W. 22nd Street, Sioux Falls, SD 57105.

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

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

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

3. 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

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

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

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

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

3. Privacy Act of 1974 (5 U.S.C. 552a) as amended http://www.justice.gov/oip/foia_updates/Vol_XVII_4/page2.htm

0. 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.

4. ABIM: American Board of Internal Medicine –Gastroenterology http://www.abim.org/specialty/gastroenterology.aspx

4. ACG: American College of Gastroenterology

4. ACP: American College of Physicians, Internal Medicine

4. ACGME: Accreditation Council for Graduate Medical Education

4. ACLS: Advanced Cardiac Life Support

4. AOD: Admitting Officer of the Day

4. BLS: Basic Life Support

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

4. CDC: Centers for Disease Control and Prevention

4. CR: Contract Discrepancy Report

4. CEU: Certified Education Unit

4. CME: Continuing Medical Education

4. CMS: Centers for Medicare and Medicaid Services

4. 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.

4. 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.

4. COS: Chief of Staff

4. CPARS: Contractor Performance Assessment Reporting System

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

4. 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.

4. DEA: Drug Enforcement Agency

4. ED: Emergency Department

4. FSMB: Federation of State Medical Boards

4. HHS: Department of Health and Human Services

4. HIPAA: Health Insurance Portability and Accountability Act

4. HR: Human Resources

4. ISO: Information Security Officer

4. 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.

4. MOD: Medical Officer of the Day

4. 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).

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

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

4. NP: Nurse Practitioner

4. NPPES: National Plan and Provider Enumeration System

4. PA: Physician Assistant

4. PALS: Pediatric Advanced Life Support

4. POP: Period of Performance

4. PPD: Purified Protein Derivative

4. PWS: Performance Work Statement

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

4. QA/QI: Quality Assurance/Quality Improvement

4. QM/PI: Quality Management/Performance Improvement

4. QASP: Quality Assurance Surveillance Plan

4. 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.

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

4. 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.

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

4. 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 Sioux Falls VA Health Care System (VAHCS).

4. Veterans Affairs Health Care System (VAHCS): Unless identified with the name of a different VA medical Center, for purposes of this contract, this term shall mean the Sioux Falls VAHCS.

1. QUALIFICATIONS:

1. Staff/Facility

0. License – The Contractor’s physician(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) when services are performed onsite on VA property.

0. All licenses held by the personnel working on this contract shall be full and unrestricted licenses. Contractor’s physician(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.

0. Board Certification - Contractor’s physician(s) shall be Board Certified by the American Board of Internal Medicine (ABIM) in Internal Medicine and Gastroenterology, 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.

0. 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 the Contractor’s physician(s) prior to obtaining approval by the Sioux Falls VAHCSProfessional Standards Board, Medical Executive Board and Medical Center Director.

3. If the Contractor’s physician(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.

0. Technical Proficiency – The Contractor’s physician(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 Contractor’s physician(s) and the Contractor’s physician(s) shall be responsible for abiding by the Facility's Medical Staff By-Laws, rules, and regulations (referenced herein) that govern medical staff behavior.

0. Continuing Medical Education (CME)/ Certified Education Unit (CEU) Requirements: Contractor shall provide the COR copies of current CMEs as required or requested by the Sioux Falls VAHCS. 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(s).

0. Training (ACLS, BLS, CPRS and VA MANDATORY): Contractor’s physician(s) shall meet all VA educational requirements and mandatory course requirements defined herein; all training must be completed by the Contractor’s physician(s) as required by the VA.

0. Standard Personnel Testing (PPD, etc.): Contractor shall provide proof of the following tests for Contractor’s physician(s) 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.

7. TUBERCULOSIS TESTING: Contractor shall provide proof of a negative Tuberculosis Skin Test (TST) or interferon-gamma release assays (IGRA) for all contract personnel. 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.

7. MEASLES, MUMPS, & RUBELLA TESTING: Contractor shall provide proof of immunity for all contract personnel.

7. VARICELLA: Contractor shall provide proof of immunity for all contract personnel.

7. ACELLULAR PERTUSSIS: Contractor shall provide proof of 1 Tdap vaccination for all contractor personnel.

7. INFLUENZA: Contractor shall provide proof that all contractor personnel have received the annual Infulenza vaccine unless it is contraindicated. If the contractor employee has a medical contraindication to the vaccine they shall be required to wear a mask during the Influenza season.

7. 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 contract personnel; 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. The Sioux Falls VAHCS 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.

0. 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.

0. DEA (if required) - Contractor shall provide copy of current DEA certificate.

0. Conflict of Interest: The Contractor and all Contractor’s physician(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 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.

0. Citizenship related Requirements:

11. 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;

11. 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.

11. 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.

11. 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.

11. 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.

0. 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.

12. 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.

12. 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.

1. 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 contract personnel covered by this contract for quality purposes will be provided by the Sioux Falls VAHCS 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.

1. Non Personal Healthcare Services: The parties agree that the Contractor and all Contractor’s physician(s) shall not be considered VA employees for any purpose.

1. 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.

1. Prohibition against Self-Referral: Contractor’s physicians are prohibited from referring VA patients to contractor’s or their own practice(s).

1. Inherent Government Functions: Contractor and Contractor’s physician(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.

1. No Employee status: The Contractor shall be responsible for protecting Contractor’s physician(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:

6. Workers’ compensation

6. Professional liability insurance

6. Health examinations to include:

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

2. 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. Evidence of Hepatitis C titer

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

6. Income tax withholding, and

6. Social security payments.’

1. Tort Liability: The Federal Tort Claims Act does not cover Contractor or Contractor’s physician(s). 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 (Contractor’s physician(s)) action or non-action shall be the responsibility of the Contractor and/or insurance carrier.

1. Key Personnel:

8. The contractor shall identify/provide a minimum of two (2) Board Certified Gastroenterologists or Surgeons (with GU endoscopy experience) for endoscopic procedures.

8. 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. In the event a scheduled physician is unable to complete an assigned procedure, the contractor shall provide replacement physician coverage within 2 hours and notify the Contracting Officer’s Representative (COR) immediately of the schedule change.

8. 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 30 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 30 calendar days prior to making any permanent substitutions.

2. 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 30 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. For temporary substitutions where the key person shall not be reporting to work for three 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.

8. 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.

8. Contingency Plan: Because continuity of care is an essential part of the Sioux Falls VAHCS’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.

8. Note: Evidence of completion of required licensure, credentials, required training, current competencies, and background investigations must be validated for all contractor personnel referred to perform services under this contract prior to providing direct patient care. Contractor shall not have any personnel 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.

1. HOURS OF OPERATION

2. Procedure Days/Times: Procedures are performed on Tuesday and Friday, between the hours of 7:00 AM to 12:00 PM CST.

2. The Sioux Falls VAHCS will schedule approximately three (3) to (5) procedures per scheduled day/time.

2. Procedures shall be performed at the Sioux Falls VAHCS Endoscopy or Operating Room Suite.

2. The Sioux Falls VAHCS will notify the contractor 30 days in advance of the procedure date.

2. Unless a state of emergency has been declared or services are otherwise cancelled by the Sioux Falls VAHCS, the Contractor shall be available and present during scheduled procedure day/time.

2. Cancellation.

5. The VA must be informed at least 48 hours in advance if there will be a significant change in contractor’s ability to perform to allow for planning of service coverage and workload distribution.

5. The VA will notify the contractor when patient substitutions are used to prevent a cancellation. In the event a patient substitution cannot be utilized, the VA will inform the contractor at least 48 hours in advance.

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

6. New Year’s Day

6. President’s Day

6. Martin Luther King’s Birthday

6. Memorial Day

6. Independence Day

6. Labor Day

6. Columbus Day

6. Veterans Day

6. Thanksgiving

6. Christmas

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

1. CONTRACTOR RESPONSIBILITIES

3. Personnel Required: The Contractor shall provide physician(s) who are competent, qualified per this performance work statement and adequately trained to perform assigned duties.

3. Contractor’s physician(s) 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.

3. Standards of Care: The Contractor’s physician(s)’ care shall cover the range of Gastroenterology 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:

2. American College of Gastroenterology (ACG) Guidelines: http://gi.org/clinical-guidelines/.

2. American College of Physicians (ACP)- Internal Medicine http://www.acponline.org/clinical_information/guidelines/

2. 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

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

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

2. The requirements contained in this PWS

1. MEDICAL RECORDS

4. 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. 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 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.