36C26319R0153-001.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 106

See blk 31 36C26319R0153 10-29-2019

Charles Morin, Contract Specialist 651-293-3035 11-26-2019

10 AM Central

Department of Veterans Affairs

NCO 23 - St Paul

316 Robert Street N.

Attention: Charles Morin

St Paul MN 55101

X 100

X

621512

$15 Million

N/A

Minneapolis VA Health Care System

1 Veterans Dr.

Minneapolis, MN 55415

NCO 23 - St Paul

Attention: Charles Morin

316 Robert Street N.

St. Paul MN 55101

Y

Financial Services Center

PO Box 149971

Austin TX 78714-9971

See CONTINUATION Page

Echocardiographer Medical Instrument Technician Services for the Minneapolis VA Health Care System

Period of Performance: 4/2/2020 - 4/1/2021

See Subsection B.3 Schedule of Services page 8.

See Subsection B.4 Performance Work Statement page 15.

See CONTINUATION Page

Funded via Task Orders

X ONE

36C26319R0153

Table of Contents

SECTION A

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

SECTION B - CONTINUATION OF SF 1449 BLOCKS

CONTRACT ADMINISTRATION DATA

B.1 SPECIAL CONTRACT REQUIREMENTS

B.2 SCHEDULE OF SERVICES

B.3 PERFORMANCE WORK STATMENT

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT

2018)

C.2 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION

SYSTEMS (JUN 2016)

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.4 52.216-22 INDEFINITE QUANTITY (OCT 1995)

C.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.6 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

C.7 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.8 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984) 52

C.9 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

C.10 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.11 VAAR 852.237-7 INDEMNIFICATION AND MEDICAL LIABILITY INSURANCE

(JAN 2008)

C.12 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)

C.13 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.14 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND

COMPLIANCE (JUL 2018)

C.15 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (DEC 2009)

C.16 VAAR 852.219-71 VA MENTOR-PROTÉGÉ PROGRAM (DEC 2009)

C.17 VAAR 852.219-72 EVALUATION FACTOR FOR PARTICIPATION IN THE VA

MENTOR-PROTÉGÉ PROGRAM (DEC 2009)

C.18 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.19 VAAR 852.271-70 NONDISCRIMINATION IN SERVICES PROVIDED TO

BENEFICIARIES (JAN 2008)

C.20 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (MAY 2019)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 List of Attachments

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (OCT 2018)

E.2 PROPOSAL SUBMITTAL INSTRUCTIONS

E.3 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015) 73

E.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.5 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

E.6 52.216-1 TYPE OF CONTRACT (APR 1984)

E.7 52.217-5 EVALUATION OF OPTIONS (JUL 1990)

E.8 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.9 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-

OWNED SMALL BUSINESS EVALUATION FACTORS (JUL 2016)(DEVIATION)

E.10 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

(OCT 2018)

E.11 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.12 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008) 82

E.13 VAAR 852.273-74 AWARD WITHOUT EXCHANGES (JAN 2003)

E.14 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.15 VAAR 852.209-70 ORGANIZATIONAL CONFLICTS OF INTEREST (JAN 2008)

E.16 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (MAY 2019)

ALTERNATE II (JAN 2019)

E.17 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

ITEMS (OCT 2018)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

CONTRACT ADMINISTRATION DATA

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

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

a. CONTRACTOR:

Title:

Address:

Telephone:

E-mail:

b. GOVERNMENT:

Contracting Officer is Charles Hurry at charles.hurry@va.gov

Department of Veterans Affairs

NCO 23 – St. Paul

316 Robert Street N.

St. Paul MN 55101

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

[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

See Billing Instructions, PWS 6.2. Billing:

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

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

AMENDMENT NO DATE

6. TYPE OF CONTRACT: Resultant contracts shall be a single award, Fixed Price Indefinite Delivery

Indefinite Quantity contract effective for the period stated in the Schedule of Services.

7. TERM OF CONTRACT: The contract period is effective January 1, 2020 through December 31, 2021 with four (4) available option periods.

8. POINT OF CONTACT: The Contractor shall provide a point of contact (POC) who shall be responsible for the performance of the work under this contract. The POC shall have full authority to act for the Contractor on all matters relating to the daily operation of this contract. The POC may be a contract health care provider performing under this contract. An alternate may be designated, but the

Contractor shall identify, in writing, those times when the alternate shall act as the POC. The Contractor shall identify the POC and alternate in writing to the Contracting Officer’s Representative (COR) and

Contracting Officer (CO). The Contractor shall give written notification to the COR and CO of the time when the alternate will act as the POC. The POC shall be available by telephone Monday through Friday, 8:00 AM through 4:30 PM, excluding Federal holidays.

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

B.1 SPECIAL CONTRACT REQUIREMENTS

Under the authority of Public Law 104-262 and 38 USC 8153, the contractor agrees to provide Health

Care Resources in accordance with the terms and conditions stated herein, to furnish to and at the

Department of Veterans Affairs Medical Center, , the services and prices specified in the Section entitled

Schedule of Supplies/Services of this contract.

1. SERVICES:

a. The services specified in the Sections entitled Schedule of Supplies/Services and Special Contract

Requirements may be changed by written modification to this contract.

b. Other necessary personnel for the operation of the services contracted for at the VA will be provided by the VA at levels mutually agreed upon which are compatible with the safety of the patient and personnel and with quality medical care programming.

c. The services to be performed by the contractor will be performed in accordance with VA policies and procedures and the regulations of the medical staff by laws of the VA facility.

2. TERM OF CONTRACT:

This contract is effective one year from date of award plus four (4) one-year options that may be exercised by the VA. The contract is subject to the availability of funds. The contractor shall perform no services after September 30 of any year until the Contracting Officer authorizes such services in writing.

3. QUALIFICATIONS:

Personnel assigned by the Contractor to perform the services covered by this contract shall be licensed in a State, Territory, or Commonwealth of the United States or the District of Columbia. All licenses held by the personnel working on this contract shall be full and unrestricted licenses. The qualifications of such personnel shall also be subject to review by the VA Chief of Staff and approval by the VA Facility

Director. Each person assigned to work under this contract shall be properly licensed.

4. WORK HOURS:

a. The services covered by this contract shall be furnished by the contractor as defined herein. The contractor will not be required, except in case of emergency, to furnish such services during off-duty hours as described below.

b. The following terms have the following meanings:

(1) National Holidays: The 10 holidays observed by the Federal Government are:

New Years Day

Martin Luther King’s Birthday

Presidents Day

Memorial Day

Independence Day

Labor Day

Columbus Day

Veterans Day

Thanksgiving

Christmas AND any other day specifically declared by the President of the United States to be a national holiday.

5. PERSONNEL POLICY:

The contractor shall be responsible for protecting the personnel furnishing services under this contract.

To carry out this responsibility, the contractor shall provide the following for these personnel:

- general liability

- workers compensation

- professional liability insurance

- health examinations

- income tax withholding, and

- social security payments.

The parties agree that the contractor, its employees, agents and subcontractors shall not be considered

VA employees for any purpose.

6. RECORD KEEPING:

The VA Medical Center, shall establish and maintain a record keeping system that will record the hours worked by the contractor employee(s). Contractor's employee(s) shall report to Administrative Officer, or designee upon arrival at the facility.

7. CONTRACT PERFORMANCE MONITORING:

Monitoring of contractors time shall be demonstrated through sign-in/ sign-out sheets. The contractor shall be required to sign an attendance log upon reporting to work and departing from work. , shall be the

VA official responsible for verifying contract compliance. After contract award, any incidents of contractor noncompliance as evidenced by the monitoring procedures shall be forwarded immediately to the Contracting Officer.

8. KEY PERSONNEL AND TEMPORARY EMERGENCY SUBSTITUTIONS:

The Contractor shall assign to this contract the following key personnel:

a. During the first ninety (90) 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 Contracting Officer, in writing, within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period of the contract, the Contractor shall submit the information required by paragraph (c) to the

Contracting Officer at least 15 days prior to making any permanent substitutions.

b. 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 Contracting Officer. Proposed substitutes shall have comparable qualifications to those of the persons being replaced. The Contracting Officer 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.

c. For temporary substitutions where the key person will not be reporting to work for three (3) consecutive work days or more, the Contractor will provide a qualified replacement for the key person.

This substitute shall have comparable qualifications to the key person. Any period exceeding two weeks will require the procedure as stated above.

B.2 SCHEDULE OF SERVICES

SCHEDULE OF SERVICES

The contractor shall furnish experienced Echocardiography Medical Instrument Technician Services to support the Minneapolis VA Health Care System (MVAHCS), Echocardiography Medical Instrument

Technician Services for eligible beneficiaries of the Department of Veterans Affairs Medical Center, Minneapolis VA Health Care System (hereinafter referred to as MVAHCS). The contractor’s personnel will work collaboratively with Minneapolis VA Personnel and provide support 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 the following:

1. American Registry for Diagnostic Medical Sonography ARDMS guidelines. http://www.ardms.org

2. Cardiovascular Credentialing International CCI http://www.cci-online.org/

Place of Performance: Services shall be provided on site at the Minneapolis VA Health Care System

(MVAHCS), 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. Offerors may re-number 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.

The contractor shall propose a minimum of four (4) Echocardiography Medical Instrument

Technicians Services to be available for scheduling to meet the requirements of the contract.

Contract Type: The Government contemplates award of a Fixed Price Indefinite Delivery Indefinite

Quantity contract from this solicitation.

• The guaranteed minimum contract quantity is $25,000.00. The Government is not required to place an order in excess of the guaranteed minimum.

• The maximum quantity/contract amount, including the base year and any option years exercised, shall not exceed $5,250,000.00.

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.

http://www.ardms.org/ http://www.cci-online.org/

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

Base Year: 4/2/2020 to 4/1/2021

Option Year 1 4/2/2021 to 4/1/2022

Option Year 2 4/2/2022 to 4/1/2023

Option Year 3 4/2/2023 to 4/1/2024

Option Year 4 4/2/2024 to 4/1/2025

CONTRACT TOTAL COST (BASE YEAR AND ALL OPTIONS)

Base Year Cost:

Option Year 1 Cost:

Option Year 2 Cost:

Option Year 3 Cost:

Option Year 4 Cost:

Total Contract Cost:

Period of Performance: BASE YEAR: April 2, 2020 to April 1, 2021

CLIN

No.

SUB-

Description

Qty. Unit Unit Cost

Total

Annual Cost

0001 None

Echocardiographer Medical Instrument Technician

Services

8,528 Hours

KEY PERSONNEL

None 0001a

NAME:

TITLE:

$_______/hr $_________

None 0001b

None 0001c

None 0001d

None 0001e

TOTAL FOR BASE

OPTION YEAR 1: April 2, 2021 to April 1, 2022

Unit Cost

Total

1001 None

None 1001a

None 1001b

None 1001c

None 1001d

None 1001e

TOTAL FOR OPTION YEAR ONE

OPTION YEAR 2: April 2, 2022 to April 1, 2023

Unit Cost

Total

2001 None

None 2001a

None 2001b

None 2001c

None 2001d

None 2001e

TOTAL FOR OPTION YEAR TWO

OPTION YEAR 3: April 2, 2023 to April 1, 2024

Unit Cost

Total

3001 None

None 3001a

None 3001b

None 3001c

None 3001d

None 3001e

TOTAL FOR OPTION YEAR THREE

OPTION YEAR 4: April 2, 2024 to April 1, 2025

Total for base performance period and options: $_________________________

The contractor will only be paid for the actual hours of service provided.

Unit Cost

Total

4001 None

None 4001a

None 4001b

None 4001c

None 4001d

None 4001e

TOTAL FOR OPTION YEAR FOUR

B.3 PERFORMANCE WORK STATMENT

Performance Work Statement for Medical Instrument

Technician - Echocardiography Services

1. GENERAL:

1.1.1. Services Provided: The Contractor shall provide 4.0 FTEE Medical Instrument Technician (MIT)

(Echocardiography) Services onsite in accordance with the specifications contained herein to beneficiaries of the Department of Veterans Affairs (VA) and the Minneapolis VA (MVAHCS).

The contracted MIT (Echocardiography) must be certified in Echocardiographic Imaging by the

American Registry for Diagnostic Medical Sonography ARDMS and/or Cardiovascular

Credentialing International CCI. Competency and/or certification in vascular imaging is also desirable, but not required.

1.1.2. American Registry for Diagnostic Medical Sonography ARDMS guidelines. http://www.ardms.org

1.1.3. Cardiovascular Credentialing International CCI http://www.cci-online.org/

1.2. Place of Performance - Contractor shall furnish services at the Minneapolis VA Health Care System

(MVAHCS)

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

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

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

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

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

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

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

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

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

1.4.7. - Privacy Act of 1974 (5 U.S.C. 552a) as amended http://www.justice.gov/oip/foia_updates/Vol_XVII_4/page2.htm http://www.ardms.org/ http://www.cci-online.org/ http://www1.va.gov/vapubs/viewPublication.asp?Pub_ID=347 https://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=1443 http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=2135 http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=1364 http://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=2910 http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=2791 http://www.justice.gov/oip/foia_updates/Vol_XVII_4/page2.htm

1.4.8. – VHA Handbook 5005-54 – Office of Human Resources Management, Staffing Directive http://vaww.va.gov/ohrm/

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

1.5.1. ACGME: Accreditation Council for Graduate Medical Education

1.5.2. ARDMS: American Registration for Diagnostic Medical Sonography

1.5.3. CCI: Cardiovascular Credentialing International

1.5.4. CDC: Centers for Disease Control and Prevention

1.5.5. CEU: Certified Education Unit

1.5.6. CME: Continuing Medical Education

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

1.5.8. 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.

1.5.9. COS: Chief of Staff

1.5.10. CPARS: Contractor Performance Assessment Reporting System

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

VA.

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

1.5.13. DEA: Drug Enforcement Agency

1.5.14. Echo Tech: Certified Medical Instrument Technician – Echocardiography

1.5.15. Echocardiographer: Certified Medical Instrument Technician – Echocardiography

1.5.16. FSMB: Federation of State Medical Boards

1.5.17. HHS: Department of Health and Human Services

1.5.18. HIPAA: Health Insurance Portability and Accountability Act

1.5.19. ISO: Information Security Officer

1.5.20. MIT: Medical Instrument Technician

1.5.21. POP: Period of Performance

1.5.22. PPD: Purified Protein Derivative

1.5.23. PWS: Performance Work Statement

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

1.5.25. QA/QI: Quality Assurance/Quality Improvement

1.5.26. QM/PI: Quality Management/Performance Improvement

1.5.27. QASP: Quality Assurance Surveillance Plan

1.5.28. 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).

1.5.29. 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.

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

1.5.31. 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 the hospital information system.

1.5.32. VETPro: a federal web-based credentialing program for healthcare providers.

1.5.33. Minneapolis VA Health Care System (MVAHCS): Unless identified with the name of a different

VA Medical Center, for purposes of this contract, this term shall mean the Minneapolis VA Medical

Center.

2. QUALIFICATIONS:

2.1. Staff/Facility

2.1.1. Certifications - The MIT (Echocardiographers) assigned by the contractor to perform the services covered by this contract must have a current certification in echocardiography imaging by the

American Registry for Diagnostic Medical Sonography ARDMS or by the Cardiovascular

Credentialing International (CCU) in any State, Territory, or Commonwealth of the United States or the District of Columbia. Competency and/or certification in vascular imaging is also desirable, but not required.

All certifications held by the personnel working on this contract shall be full and unrestricted. MIT’s

(Echocardiography) will not be considered for this contracted service if their certification has ever been restricted, suspended, revoked, voluntarily revoked, voluntarily surrendered, pending action or denied upon application.

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 MIT (Echocardiographers) possess the requisite credentials enabling the granting of privileges. No services shall be provided by any contracted MIT (Echocardiographers) prior to obtaining approval by the Minneapolis VA Health Care System Professional Standards Board, Medical Executive Board and Medical Center Director.

Education: All education facilities must meet and be accredited by US Department of Education.

2.1.1.1. If a contracted MIT (Echocardiographer) has credentials/privileges suspended or revoked during contracted performance, the Contractor shall furnish an acceptable substitute without any additional cost to the government.

2.1.2. Technical Proficiency – The contracted MIT’s (Echocardiographer) 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

Contracted MIT’s (Echocardiographers) and they shall be responsible for abiding by the Facility's

Medical Staff By-Laws, rules, and regulations (referenced herein) that govern medical staff behavior.

2.1.3. Continuing Education (CME)/ Certified Education Unit (CEU) Requirements: Contractor shall provide the COR copies of current CME’s as required or requested by the MVAHCS. The contracted MITs’ (Echocardiographers) certification by ARDMS and/or CCI must continue to meet the minimum standards for CME to remain current. These documents are required for both privileging and re-privileging. Failure to provide shall result in loss of privileges for Contracted

MIT (Echocardiographers).

2.1.4. Training (CPR and VA MANDATORY): Contractor shall meet all VA educational requirements and mandatory course requirements defined herein; all training must be completed by the

Contracted MITs (Echocardiographers) as required by the VA prior to VA Orientation date.

List all training required, frequency and associated time

Training Frequency (once a year, etc.) Hours

CPR/ Basic Life Support Every 2 years 4 hours

CPRS Once Time 4 hours

Security Rules of Behavior Once a year 1 hour

HIPPA/Privacy Once a year 1 hour

Suicide Behavior Reporting Once .5 hour

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

MIT (Echocardiographers) within five (5) calendar days after contract award and prior to the first duty shift to the COR and CO Tests shall be current within the past year.

2.1.5.1. TUBERCULOSIS TESTING: Contractor shall provide proof of a negative reaction to PPD testing for all Contracted MIT (Echocardiographers). A negative chest radiographic report for active tuberculosis shall be provided in cases of positive PPD results. The PPD test shall be repeated annually.

2.1.5.2. RUBELLA TESTING: Contractor shall provide proof of immunization for all contract MIT

(Echocardiographers) for measles, mumps, rubella or a rubella titer of 1.8 or greater. If the titer is less than 1.8, a rubella immunization shall be administered with follow-up documentation to the COR.

2.1.5.3. INFLUENZA VACCINE: Contractor shall provide proof of influenza vaccine for current year’s flu season to the COR, per DHA-IPM-17-005 effective August 3, 2017.

2.1.5.4. OSHA REGULATION CONCERNING OCCUPATIONAL EXPOSURE TO

BLOODBORNE PATHOGENS: Contractor shall provide generic self-study training for all

Contracted MITs (Echocardiography); provide their own Hepatitis B vaccination series at no cost to the VA if they elect to receive it; maintain an exposure determination and control plan;

maintain required records; and ensure that proper follow-up evaluation is provided following an exposure incident. The MVAHCS 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.

2.1.6. Conflict of Interest: The Contractor and all Contracted MITs (Echocardiographers) 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.

2.1.7. Citizenship related Requirements:

2.1.7.1. The Contractor certifies that the Contracted MITs (Echocardiographer) shall comply with 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;

2.1.7.2. 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 of their status, because 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.

2.1.7.3. 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 Contracted 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.

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

2.1.7.4. 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.

2.1.7.5. 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.

2.1.8. 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.

2.1.8.1. 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

Contracted MITs (Echocardiographers) 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.

2.1.8.2. 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 Contracted 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 MVAHCS COS and/or 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 Contracted MITs

(Echocardiographers) 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: Contracted MITs (Echocardiographers) are prohibited from referring

VA patients to outside Contracted or their own practice(s).

2.6. Inherent Government Functions: Contractor and Contracted MITs (Echocardiographers) 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.

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

2.7. No Employee status: The Contractor shall be responsible for protecting Contracted MITs

(Echocardiographers) furnishing services. To carry out this responsibility, the Contractor shall provide or certify that the following is provided for all their staff providing services under the resultant contract:

2.7.1. Workers’ compensation

2.7.2. Professional liability insurance

2.7.3. Health examinations

2.7.4. Income tax withholding

2.7.5. Social security payments

2.8. Tort Liability: The Federal Tort Claims Act does not cover Contractor or Contracted MITs

(Echocardiographers). When a Contractor or Contracted MITs (Echocardiographers) 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 Contracted (or Contracted MITs

(Echocardiographers) action or non-action shall be the responsibility of the Contractor and/or insurance carrier.

2.9. Key Personnel:

2.9.1. The VA Full Time Equivalency (FTEE) for the services required is 8528 hours a year defined as 4.0

FTEE. One FTEE is defined by the VA as a minimum of 80 hours every two weeks and does not include holidays and on-site procedures is estimated.

2.9.2. The minimum number of contracted MITs (Echocardiographers) with certification by ARDMS and/or CCI is 4 and they are required to be on site on a daily basis as defined in the paragraph Hours of Operation section.

2.9.3. The Contractor shall be responsible for providing coverage to the VA during periods of vacancies of the Contracted personnel due to sick leave, personal leave, vacations and additional coverage as required. In the event a scheduled MIT (Echocardiographer) is unable to complete an assigned shift, the contractor shall provide replacement MIT (Echocardiographer) coverage within 2 hours and notify the Contracting Office Representative (COR) and Cardiology Section at the

Minneapolis VA Health Care System immediately of the schedule change.

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

Chief of Staff or designee show documented clinical problems or continual unprofessional behavior/actions with any Contracted MITs (Echocardiographers), s/he may request, without cause, immediate replacement of said Contracted MITs (Echocardiographers). The CO and

COR shall deal with issues raised concerning Contracted MITs (Echocardiographers) 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 MVAHCS medical services, The Contractor shall have a contingency plan in place to be utilized if the Contracted

MIT (Echocardiographer) leaves the Contracted 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: 24 hours a day, 7 days a week

3.2. Work Schedule:

Clinic Schedule- Schedule published by Cardiology Nurse Manager.

Call Schedule (Nights/Weekends) -Tracked and rotated among all MITs (Echocardiographers) staff including contractors.

If the contractor comes on-site (MVAHCS) to perform services while on call, that time will be paid the regular hourly rate.

Holiday Coverage – Tracked and rotated among all MITs (Echocardiographers) staff including contractors.

Shifts –Typical shift examples: 0600-1630, 0730-1600, 0800-1630, 1000-1830, 0800-1830. Shifts will be

Monday-Saturday 8-10 hours, depending on clinic needs. Half hour lunches are unpaid. Staffing practices are subject to change due to staff availability and changes in patient volume. Minimum of 7 Echo’s per 8-hour shift.

3.2.1. Patients must be seen by Contracted MITs (Echocardiographers) on-site at Minneapolis VA 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.

3.2.2. Contracted MITs (Echocardiographers) shall be available and present in clinic during normal

Minneapolis VA clinic hours. Minneapolis Health Care schedule which will be established, and may be revised, as deemed appropriate for patient care by the COS.

3.2.3. Off-hours Coverage: Contracted MITs (Echocardiographer) are required to be available on-call during all hours in accordance with the shift schedule when the Minneapolis VA clinic is closed, including evenings, weekends and holidays.

3.3. Federal Holidays: The following holidays are observed by the Department of Veterans Affairs: The VA does not pay Contractors for Federal Holidays. If contractor works on a Federal Holiday, they will be paid the regular contracted rate.

• New Year’s Day

• Martin Luther King Jr’s Birthday

• President’s Day

• Memorial Day

• Independence Day

• Labor Day

• Columbus Day

• Veterans Day

• Thanksgiving

• Christmas

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

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

4. CONTRACTOR RESPONSIBILITIES

4.1. Clinical Personnel Required: The Contractor shall provide Contracted MITs (Echocardiographers) who are competent and qualified per this performance work statement and adequately trained to perform assigned duties.

4.1.1. Contracted MITs (Echocardiographers) shall be responsible for signing in and out when in attendance. All timecards must be signed by Contracted MIT (Echocardiographer) and Cardiology

Nurse Manager and/or Cardiology Assistant Nurse Manager. Time sheets will be used by the COR to confirm hours/days and services provided against the Contracted invoices.

4.1.2. Echocardiograms will be monitored by Cardiologists.

4.1.2.1 Minimum of 7 Echo’s per 8-hour shift will be expected after orientation at MVAHCS is completed.

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

4.2.1. The American Registry for Diagnostic Medical Sonographers http://www.ardms.org

4.2.2. Cardiovascular Credentialing International http://www.cci-online.org

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

4.2.4. The professional standards of the Joint Commission (TJC) http://www.jointcommission.org/standards_information/hap_requirements.aspx http://www.ardms.org/ http://www.cci-online.org/ https://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=1443 http://www.jointcommission.org/standards_information/hap_requirements.aspx

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

4.2.6. VHA Handbook 5005-54 – Office of Human Resources Management, Staffing Directive

4.2.7. The requirements contained in this PWS.

4.3. MEDICAL RECORDS

4.3.1. Authorities: Contracted MITs (Echocardiographers) 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).

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