36C26319R0094-018.docx

36C26319R0094 FedBizOpps Combined Synopsis/Solicitation Notice

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* = Required Field FedBizOpps Combined Synopsis/Solicitation Notice Rev. March 2010 Q MPLS - Therapeutic Radiation Technologist 55101 36C26319R0094 05-31-2019 N 561320 Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

316 Robert Street N. STE. 506 St. Paul MN 55101 Steven Yale Minneapolis VA Health Care System 1 Veterans Drive Building 70 Minneapolis, MN.

55417

USA

VA.GOV

Department of Veterans Affairs steven.yale@va.gov

VA.GOV

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation, proposals are being requested. Solicitation number 36C263-19-R-0094 is issued as a request for proposals (RFP).

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-101.

The VA anticipates one firm-fixed-price contract award for all resources and labor necessary to provide Therapeutic Radiation Technician Services for the VA Minneapolis Health Care System, 1 Veterans Drive, Minneapolis, MN. 55417. Additional requirements are listed within the attached solicitation documents. A list of the contract line items, quantity, and unit of measure are listed within the attached solicitation document(s).

This procurement is being solicited as total set aside for SDVOSB. Prospective offerors must be registered and current in the System for Award Management (SAM) database prior to submitting a proposal: (https://www.sam.gov/portal/public/SAM/). Any Contractors claiming to be SDVOSB’s must be registered and certified in the Vendor Information Pages www.vip.vetbiz.gov by the RFP closing date. Proposals will only be accepted from responsible contractors. The NAICS code for this solicitation is 561320 and the small business size standard is $27.5 million. The Defense Priorities and Allocation System (DPAS) does not apply to this solicitation.

Proposals are due to the Contracting Office by Friday, May 31, 2019 at 9:00 A.M. CST. Proposals are required to be emailed to Andrew Schoenecker at steven.yale@va.gov prior to the solicitation closing date and time. It is the responsibility of the offeror to ensure their proposal is received in full by the Contracting Officer before solicitation closing.

Areas to complete when submitting your quote: SF1449 completed and signed in blocks 17a, 30a, 30b, and 30c. Section B1 – Contractor information completed on the top half of the Contract Administration Data page. Section B2 - Pricing information in the Price Schedule.

A separate narrative must be submitted with your proposal to address the technical and past performance evaluation criteria (See Section E, 52.212-2, Evaluation - Commercial Items).

All questions must be submitted in writing via email to steven.yale@va.gov. Questions must be received by May 24, 2019, by 9:00 A.M. CST.

See attached document: 36C26319R0094.

See Attachment 1 - Quality Assurance Surveillance Program.

See Attachment 2 - Immigration and Nationality Act of 1952.

See Attachment 3 - Organizational Conflicts of Interest.

See Attachment 4 - Contractor Rules of Behavior.

See Attachment 5 - Business Associate Agreement.

See Attachment 6 - Past Performance Questionnaire.

See Attachment 7 - 6500.6 App C Security Language.

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1. REQUISITION NO.

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10. THIS ACQUISITION IS

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% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

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WOMEN-OWNED SMALL BUSINESS

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14. METHOD OF SOLICITATION

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16. ADMINISTERED BY

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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

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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

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ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

618-19-3-4002-0386 36C26319R0094 05-0 -2019 Steven Yale

(651) 293-3043 05-3 -2019

3:00PM CST

36C263 Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

Andrew Schoenecker 316 Robert Street N. STE. 506 St. Paul MN 55101 X X 561320 $27.5 Million X N/A N/A X Minneapolis VA Health Care System One Veterans Drive Building 70 Minneapolis MN 55417 Department of Veterans Affairs

NCO 23

Attention: Steven Yale 316 N. Robert St., Suite 506 St. Paul MN 55101

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

1.5 Full-Time Equivalent (FTE) Therapeutic Radiologist

Technologist Services on-site at the Minneapolis VA Health Care System.

The base period of performance on this requirement will start on 08-01-2019 - 07-31-2020.

There will be a 1-year option period to be exercised at at the discretion of the Government.

X X

ONE

Andrew J. Schoenecker Contract Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C263: Andrew Schoenecker Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

Andrew Schoenecker 316 Robert Street N. STE. 506 St. Paul MN 55101

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

3. INVOICES: Invoices shall be submitted in arrears:

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

Department of Veterans Affairs Financial Services Center PO Box 149971 Austin TX 78714-9971

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

B.2 SCHEDULE OF SERVICES

The Minneapolis VA Healthcare System (MVAHCS) has a requirement for the provision of services of up to 3,120 hours per 12-months for American Registry of Radiologic Technologists (ARRT) certified Therapeutic Radiation Technologist to eligible beneficiaries of the Department of Veterans Affairs Medical Center, Minneapolis VA Health Care System (hereinafter referred to as VAHCS). Services shall be provided for the Radiology Oncology Service, a division of Surgery & Specialty Care Patient Service Line (SSC-PSL) at the Minneapolis VA Medical Center. Therapeutic Radiation Technologist will be responsible for the delivery of radiation treatments to patients with a wide variety of malignant diagnoses. The Technologists will operate complex equipment in the setup and simulation of patient treatment and must be skilled in the use of computerized block shaping/designing computers, film processing/ duplicating techniques, and highly technical quality control procedures involving the entire Therapeutic Radiology Service. Contractor shall provide personnel necessary to perform services under the performance work statement.

Place of Performance:

Services shall be provided on-site, in the Radiology Oncology Clinic, Surgery Specialty Care at the Minneapolis VA Health Care System, One Veterans Drive, Minneapolis, MN 55417.

Pricing Instructions:

The offeror is instructed to edit the number of sub-clins to correspond with the number of key personnel submitted for the contract line item number (CLIN). Affiliate Offerors shall include the “title” of the personnel submitted. Other commercial health care Offerors shall identify by title/position or level of experience the key personnel submitted. Also, renumber SUB-CLINs if adding or removing Key Personnel.

The offeror is instructed to include all other than price and cost information supporting the proposed price as directed in Instructions to Offerors addendum to 52.212-1 and/or Section D- Contract Documents, Exhibits, or attachments, VA Directive 1663. The contractor shall propose 1.5 FTE key personnel to be available for scheduling to meet the requirements of the contract.

Period of Performance:

Base Year: August 1, 2019 to July 31, 2020

Annual Cost

Therapeutic Radiation Technologist

KEY PERSONNEL

Name:__________________________

Title/Level of Experience: _____________________

Name:__________________________

Title/Level of Experience: _____________________

TOTAL FOR BASE YEAR

Option Year 1: August 01, 2020 to July 31, 2021

Annual Cost

Therapeutic Radiation Technologist

KEY PERSONNEL

Name:__________________________

Title/Level of Experience: _____________________

Name:__________________________

Title/Level of Experience: _____________________

TOTAL FOR OPTION YEAR 1

Total for base year and option year one: $ .

B.3 PERFORMANCE WORK STATEMENT

1. GENERAL:

1.1. Services Required: The Minneapolis VA Healthcare System (MVAHCS) has a requirement for the provision of services of up to 1.5FTE 3,120 hours per 1-year base period with one (1)-year option period to be exercised at the discretion of the Government. For ARRT certified Therapeutic Radiation Technologist. Services shall be provided for the Radiology Oncology Service, a division of Surgery & Specialty Care Patient Service Line (SSC-PSL) at the Minneapolis VA Health Care System. Therapeutic Radiation Technologist will be responsible for the delivery of radiation treatments to patients with a wide variety of malignant diagnoses. The Technologist will operate complex equipment in the setup and simulation of patient treatment and must be skilled in the use of computerized block shaping/designing computers, film processing/duplicating techniques, and highly technical quality control procedures involving the entire Therapeutic Radiology Service. Contractor shall provide personnel necessary to perform services under this performance work statement.

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

1.1.2. Period of Performance: Services are required for a base period of (1)-year, with one (1)-year option.

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

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

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

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

1.3.3. VHA Directive 2010-018 “Facility Infrastructure”

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

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

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

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

1.3.7. VHA Handbook 1100.19 Credentialing and Privileging: http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=1806

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

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

1.3.10. Minneapolis VA Health Care System Policy: The Minneapolis VAHCS policies are only available on the Minneapolis VA Intranet site. This site is not available to the general public.

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

1.3.10.2. IC-01F – Infection Precautions

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

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

1.3.10.5. MA-08B – Vendors (Contractors)

1.3.10.6. PE-01G – Assessment of Patients

1.3.10.7. TX-04H – Medication Use

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

1.4.1. ARRT: American Registry of Radiologic Technologists

1.4.2. ABR: American Board of Radiology

1.4.3. ACR: American College of Radiology (www.acr.org/)

1.4.4. ACO: Administrative Contracting Officer

1.4.5. AOA: American Osteopathic Association

1.4.6. BAA: Business Associate Agreement

1.4.7. CDC: Centers for Disease Control and Prevention

1.4.8. CEU: Certified Education Unit

1.4.9. CME: Continuing Medical Education

1.4.10. CMS: Centers for Medicare and Medicaid Services

1.4.11. CO: Contracting Officer

1.4.12. COR: Contracting Officer’s Representative

1.4.13. COS: Chief of Staff

1.4.14. CPARS: Contractor Performance Assessment Reporting System

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

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

1.4.17. HHS: Department of Health and Human Services

1.4.18. HICPAC: Healthcare Infection Control Practices Advisory Committee - a federal advisory committee made up of 14 external infection control experts who provide advice and guidance to the CDC and the Secretary of HHS regarding the practice of health care infection control, strategies for surveillance and prevention and control of health care associated infections in United States health care facilities.

1.4.19. HIPAA: Health Insurance Portability and Accountability Act

1.4.20. IGRT: Image Guided Radiation

Therapy is the process of frequent two and three -dimensional imaging, during a course of radiation treatment, used to direct radiation therapy utilizing the imaging coordinates of the actual radiation treatment plan.

1.4.21. IMRT: Intensity Modulated Radiation Therapy is the process of delivering highly conformal radiotherapy to the tumor while sparing the surrounding normal tissues by varying radiation intensity across treatment portals.

1.4.22. ISO: Information Security Officer

1.4.23. MU: Monitor Unit is a measure of machine output of a linear accelerator in radiation therapy.

1.4.24. NHPP: National Health Physics Program - provides regulatory oversight for the Nuclear Regulatory Commission master materials license issued to VHA to include permitting for use of materials, on-site inspections, and investigations of allegations, medical events, and incidents. In addition, we provide oversight for machine sources of ionizing radiation used for radiation therapy. Finally, we provide assistance and technical information for uses of ionizing radiation for healthcare diagnosis and treatment and non-human biomedical research. (http://www.patientcare.va.gov/NHPP.asp)

1.4.25. NROP: National Radiation Oncology Program

1.4.26. NRC: National Radiation Safety Committee

1.4.27. POP: Period of Performance

1.4.28. PWS: Performance Work Statement

1.4.29. QA/QI: Quality Assurance/Quality Improvement

1.4.30. QM/PI: Quality Management/Performance Improvement

1.4.31. QASP: Quality Assurance Surveillance Plan

1.4.32. QMP: Quality Management Program

1.4.33. RPC: Radiological Physics Center

1.4.34. SPE: Senior Procurement Executive

1.4.35. SRS: Stereotactic Radio Surgery - a minimally invasive form of surgical intervention which makes use of a three-dimensional coordinated system to locate small targets inside the body and to perform on them some action such as ablation, biopsy, lesion, injection, stimulation, implantation, radiosurgery (SRS) etc.

1.4.36. SBRT: Stereotactic Body Radiation Therapy

1.4.37. SRT: Stereotactic Radio Therapy

1.4.38. TJC: The Joint Commission

1.4.39. TLD: Thermoluminescent Dosimeter - a device that measures radiation dose

1.4.40. VA: Department of Veterans Affairs

1.4.41. VAMC: Veterans Affairs Medical Center

1.4.42. VETPro: A federal web-based credentialing program for healthcare providers.

1.4.43. VHA: Veterans Health Administration

2. QUALIFICATIONS:

2.1. Staff and Facility:

2.1.1. License: Personnel are not required to have a state license, but must maintain board certification as stated 2.1.2

2.1.2. Certification: The Therapeutic Radiation Technologist provided must be an ARRT certified Technologist, certified in Radiation Therapy by the American Registry of Radiologic Technologists (ARRT), and have a minimum of one (1) year of recent experience as a licensed Therapeutic Radiation Technologist providing service in a clinical setting. Certification must be maintained throughout the course of the contract. All continuing education courses required for maintaining certification must be kept up to date at all times. Documentation verifying current certification shall be provided quarterly or as requested.

2.1.3. Credentialing and Privileging: Credentialing of Health Care Professionals other than physicians. In accordance with VHA Directive 201-030, all health care professional who claim licensure, certification, or registration, as applicable to the position and who are not currently credentialed in accordance with VHA Handbook 1100.19, must be credentialed in accordance with this directive

2.1.3.1 The qualifications of contractor personnel shall also be subject to review by the MVAHCS Chief of Staff and approval by MVAHCS Director. The VA reserves the right to approve the assignment of individual personnel furnished by the contractor to perform the functions specified in the contract. The VA Contracting Officer must be notified prior to any changes in contract personnel.

2.1.4. Technical Proficiency: Contractor’s provider 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’s provider shall have knowledge of professional care theories, principles, practices, and procedures to serve radiation oncology patient population. Contractor’s provider shall demonstrate knowledge of growth and development, and pathophysiology of disease processes specific radiation oncology patient population. Contractor shall provide verifiable evidence of all educational and training experiences including any gaps in educational history for contractor’s provider and shall be responsible for abiding by the Facility's Medical Staff By-Laws, rules, and regulations referenced herein that govern medical staff behavior.

Prefer experience using Varian accelerator, ARIA record and verify, proficient in CT Simulator/PET (positron emission tomography) simulation.

Critical technical proficiencies include:

2.1.4.1. Delivers daily radiation treatments with continuous attention to patient safety and meticulous attention to detail regarding the accurate, precise delivery of prescribed treatment while shielding the patient from collateral injury.

2.1.4.2. Performs CT simulations accurately and demonstrates competence in the use of the Toshiba CT simulator, ANZAI and MIMs program to produce scans incorporating the information required for the prescription, treatment planning, and initial setup of the patient.

2.1.4.3. Demonstrates proficiency in the use of the linear accelerators and other specialized equipment such as MLC, KV and MV portal imagers, and Cone beam CT to deliver radiation therapy.

2.1.4.4. Accurately fabricates mold, then casts and mounts field shaping blocks and attaches them to the treatment machine so as to limit the radiation fields to exact anatomical sit prescribed by the physician.

2.1.4.5. Manages the record and verify system (ARIA) data and checks for accurate patient treatment and scheduling information both prior to and during treatments.

2.1.5. Continuing CME/CEU Requirements: Contractor shall provide the COR copies of current CMEs as required or requested by the VAMC. Contractors registered or certified by national/medical associations shall continue to meet the minimum standards for CME to remain current. CME hours shall be reported to the credential’s office for tracking. These documents are required for initial and renewal privileging. Failure to provide shall result in loss of privileges.

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

2.1.7.

BLS – TMS course # 324129

2.1.8. Standard Personnel Testing (PPD, etc.): Contractor shall provide proof of the following tests for provider 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.

2.1.8.1. TUBERCULOSIS TESTING: Contractor shall provide proof of a negative Tuberculosis Skin Test (TST) or Interferon-Gamma Release Assays (IGRA) for all contractor’s provider’s (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.

2.1.8.2. MEASLES, MUMPS, & RUBELLA TESTING: Contractor’s shall provide proof of immunity for all Contractor physicians (this is applicable to all health care workers).

2.1.8.3. VARICELLA: Contractor’s shall provide proof of immunity for all Contractor physicians (this is applicable to all health care workers).

2.1.8.4. ACELLULAR PERTUSSIS: Contractor’s shall provide proof of one (1) dose of Tdap vaccination for all contractor provider’s (this is applicable to all health care workers).

2.1.8.5. INFLUENZA: Contractors shall provide proof that all contractor providers have received the annual Influenza vaccine unless it is contraindicated. If the contractor provider 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).

2.1.8.6. 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 providers (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.

2.1.8.7. 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.

2.1.8.8. Drug Testing: All contractor providers shall be subject to the VA’s policy in regard to a Drug-Free Workplace Act of 1988. Personnel may receive a drug test and are subject to random drug testing thereafter. This includes any situation of “reasonable suspicion” and “accident or unsafe practice testing.” Refusal to be tested or interfering with this process will result in immediate termination of the contract.

2.1.9. National Provider Identifier (NPI): Reserved

2.1.10. DEA (as required): Reserved

2.1.11. Conflict of Interest: The contractor and all contractor’s providers 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.

2.1.12. Citizenship related Requirements:

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

2.1.12.2. 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.

2.1.12.3. 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.

2.1.12.4. 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.

2.1.12.5. 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.

2.1.13. 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.

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

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

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

2.3. Non- Personal Healthcare Services: The parties agree that the contractor and all contractor’s contract providers 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 providers are prohibited from referring VA patients to contractor’s or their own practice(s).

2.6. Inherent Government Functions: Contractor and contractor’s providers 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 provider 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 provider. When a contractor or contractor’s provider have 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 provider) action or non-action shall be the responsibility of the contractor and/or insurance carrier.

2.9. Key Personnel: Contractor will be responsible to ensure that the contractor personnel providing work on this contract are fully trained and fully competent to perform the required services for the duration of the contract period. Contractor’s personnel provided under this contract must meet the qualifications, training, and all requirements as stated in Section 2.

2.9.1. Contractor shall submit a listing of proposed key personnel in the following format:

Therapeutic Radiation Technologist Name: ________________________

Title/Rank: _________________________________________________

Curriculum Vitae of each key personnel shall be submitted with the proposal.

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

2.9.2.1. 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.

2.9.2.2. 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.

2.9.2.3. 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 provider, s/he may request, without cause, immediate replacement of said contractor’s provider. The CO and COR shall deal with issues raised concerning contractor’s provider conduct. The final arbiter on questions of acceptability is the CO.

2.9.2.4. 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 provider leaves contractor’s employment or is unable to continue performance in accordance with the terms and conditions of the resulting contract.

3. VA HOURS OF OPERATION/SCHEDULING:

3.1. VA Business Hours: The Minneapolis VAHCS is open 24 hours per day, 7 days a week, 365 days a year. The contractor will not be required to furnish emergency on-call services on a national holiday and/or during off-duty hours.

3.1.1. The regularly scheduled daily tour is Monday – Friday from 7:00am to 3:30pm or 7:30am to 4:00pm depending on staffing needs. The daily tour of duty may vary depending on the patient workload. Variances will be approved by Radiation Oncology Service Chief.

3.1.2. Call Coverage: There is no call coverage associated with this contract.

3.1.3. Contractor’s personnel must be present at the Minneapolis VAHCS and must actually be performing the required services for the period specified in the contract. Contractor is required to submit a monthly timesheet to validate presence. The contractor will invoice his time only for actual hours present at the MVAHCS and contractor will be compensated only for time worked on-site at the MVAHCS.

3.1.4. 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.

3.2. Cancellation/Rescheduling: If the machines fail and a regular clinic day is not possible, contract provider will be sent home.

3.2.1. Unless a state of emergency has been declared, the contractor shall be responsible for providing services.

4. CONTRACTOR RESPONSIBILITIES:

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

4.1.1. Contractor’s personnel will 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 Practice: The medical practice and patient care provided by contractor shall be evidence based best practices that meet or exceed all standards of professional practice and performance measures applicable to Minneapolis VAHCS medical professionals, including, but not limited to, NHPP, AAPM and TJC standards and ACR current practice guidelines in radiation oncology.

Contractor’s care shall cover the range of services as would be provided in a state-of-the-art civilian medical treatment facility. Contractor shall provide evidence the contractor’s radiation oncology standard of care is of a quality that meets or exceeds currently recognized VA and ACR national standards as established by:

4.2.1. The American College of Radiology (ACR) Guidelines for Radiation Oncology.

http://www.acr.org/Quality-Safety/Standards-Guidelines/Practice-Guidelines-by-Modality/Radiation-Oncology http://www.acr.org/Quality-Safety/Appropriateness-Criteria/New-and-Revised http://www.acr.org/Quality-Safety/Standards-Guidelines/Technical-Standards-by-Modality/Medical-Physics

4.2.2. The professional standards of the TJC or equivalent accreditation http://www.jointcommission.org/standards_information/hap_requirements.aspx .

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

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

4.2.5. The requirements contained in this PWS

4.3. MEDICAL RECORDS

4.3.1. Authorities: Contractor’s provider providing healthcare services to VA patients shall be considered as part of the Department Healthcare Activity and shall comply with Public Law 93-579 the “Privacy Act of 1974” as implemented by U.S.C.552a (as amended), 38 U.S.C. 5701 (Confidentiality Nature of Claims), 5 U.S.C. 552 Freedom of Information Act (FOIA) as amended by PL 104-231, 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 Public Law 104-91 “Health Insurance Portability & Accountability Act of 1996” (HIPPA) as implemented by 45 C.F.R. Parts 160, 162, and 164.

4.3.2. HIPAA: This contract and its requirements meet exception in 45 CFR 164.502(e), and do not require a BAA in order for 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. Contractor shall deliver all final patient records, correspondence, and notes to the VA within twenty-one (21) calendar days after the contract expiration date.

4.3.3. Disclosure: Contractor’s personnel 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.

4.3.4. 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.

4.3.5. 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,…