36C26322Q0790 Final.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. UEI: EFT:

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. NOV 2021)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

636-22-2-1049-0005

36C26322Q0790 07-26-2022

Shanna Comparato 402-995-3692 08-15-2022

9 AM

36C263 Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

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

X

621512

$16.5 million

Net 30 X

N/A

X

36C636

Department of Veterans Affairs Omaha VA Medical Center 4101 Woolworth Avenue

Omaha NE 68107

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

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

Y

Department of Veterans Affairs Financial Services Center PO Box 149971

Austin TX 78714-9971

See CONTINUATION Page

Solicitation for Neurophysiology services for the Nebraska- Western Iowa VA Health Care System.

See Schedule at B.2 and Performance Work Statement at B.3 for additional information.

See E.5 Instructions to Offerors addendum for detailed proposal evaluation criteria and step-by-step instructions on how to correctly submit a proposal in response to this solicitation.

See CONTINUATION Page

Matthew Dale Contracting Officer

36C26322Q0790

Table of Contents

Section B - Continuation of SF 1449 Blocks

B.1 Contract Administration Data B.2 Schedule of Items B.3 Performance Work Statement B.4 Records Management Obligations (NARA Language) B.5 VHA Supplemental Contract Requirements for Combatting COVID-19 B.6 VA Information and Information System Security / Privacy Language

Section C - Contract Clauses

C.1 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services (Nov 2021) ... 30 C.2 52.216-18 Ordering (Aug 2020) 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 VAAR 852.212-70 Provisions and Clauses Applicable to VA Acquisition of Commercial Items (Apr 2020) C.8 VAAR 852.219-75 Subcontracting Commitments Monitoring and Compliance (Jul 2018) C.9 VAAR 852.237-75 Key Personnel (Oct 2019) C.10 VAAR 852.242-71 Administrative Contracting Officer (Oct 2020) C.11 52.252-2 Clauses Incorporated by Reference (Feb 1998) C.12 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders— Commercial Products and Commercial Services (Jan 2022) (Jul 2020) (Deviation)

Section D - Contract Documents, Exhibits, or Attachments

Section E - Solicitation Provisions

E.1 52.212-1 Instructions to Offerors—Commercial Products and Commercial Services (Nov 2021) E.2 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) E.3 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) E.4 VAAR 852.273-73 Evaluation - Health-Care Resources (Nov 2021) E.5 Instructions to Offerors (Addendum #1 to VAAR 852.273-73) E.6 Evaluation of Option to Extend Under FAR 52.217-8 (Addendum #2 to VAAR 852.273-73) E.7 52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services (May 2022) (Jul 2020) (Deviation)

Section B - Continuation of SF 1449 Blocks B.1 Contract Administration Data (continuation from Standard Form 1449, block 18A.)

This solicitation is to procure Intraoperative Neurophysiology Monitoring Services under Full and Open Competition IAW FAR Subparts 6.1 and 13.5. 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 VA Nebraska-Western Iowa Health Care System (NWIVAHCS), IAW the services and prices specified in the Sections B.2 (Schedule) and B.3 (PWS).

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

a. CONTRACTOR: (include name, address, phone, and email contact information).

b. GOVERNMENT: Shanna Comparato, Contract Specialist Department of Veterans Affairs Network Contracting Office (NCO) 23 316 N. Robert St. STE 506 St. Paul MN 55101 402-995-3692 Shanna.Comparato@va.gov

c. Contractor and Government points of contact can be changed by written notification to the other party. Notification will be placed in the Contract file and will not require a modification to the Contract.

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor should be mailed to the following address (Contractor fill in address information below):

3. Billing/Accounting/Invoices

a. Payments shall be made monthly in arrears upon receipt of a properly prepared invoice. IAW

FAR 52.212-4 (g), FAR 52.232-33, and VAAR 852.232-72.

b. In order to comply with the Improper Payment Elimination and Recovery Act of 2010 (IPERA), the VA has mandated electronic invoice submission to the Veterans Affairs Financial Services Center (VAFSC). VAFSC has partnered with Tungsten Corporation e- Invoicing network for submissions of all electronic invoices to VA. Tungsten Network electronic invoicing is free to all VA vendors. In order to submit electronic invoices, all VA vendors must register with Tungsten Network by submitting an email to VA.Registration@tungsten-network.com or calling 1-877-752-0900 option 2 for Enrollment.

mailto:Matthew.Dale3@va.gov

c. Contractor shall submit an electronic invoice by the tenth (10th) of the following month services were performed to the Veterans Affairs Financial Services Center (VAFSC) e- Invoice through the website at https://portal.tungsten-network.com/Login.aspx. For questions regarding the submission of VA electronic invoices, OB10 customer service may be contacted at 1-877-489-6135.

d. All invoices shall reference the vendor name and address, customer name, contract number, appropriate obligation/funding order number, description of services provided, quantity, unit price, and total invoice amount. Invoices shall also include any payment discount terms.

e. For questions regarding invoice receipt or payment, please call VAFSC directly at 1-877-353- 9791 or email vafsccshd@va.gov.

f. Payment Adjustments: Invoices will be prorated for partial days/hours worked. The contractor shall be paid only for actual work performed onsite. Contract providers shall be responsible for reporting time worked accurately. The Contract shall be paid for actual hours performed. The contract shall be adjusted at the end of the period of performance in accordance with actual performance.

g. Payments in full/no billing VA beneficiaries: The Contractor shall accept payment for services rendered under this contract as payment in full. VA beneficiaries shall not under any circumstances be charged nor their insurance companies charged for services rendered by the Contractor, even if VA does not pay for those services. This provision shall survive the termination or ending of the contract.

i. To the extent that the Veteran desires services which are not a VA benefit or covered under the terms of this contract, the Contractor must notify the Veteran that there will be a charge for such service and that the VA will not be responsible for payment.

ii. The Contractor shall not bill, charge, collect a deposit from, seek compensation, remuneration, or reimbursement from, or have any recourse against, any person or entity other than VA for services provided pursuant to this contract. It shall be considered fraudulent for the Contractor to bill other third-party insurance sources (including Medicare) for services rendered to Veteran enrollees under this contract.

4. Type of Contract: Fixed price indefinite delivery indefinite quantity purchase order IAW FAR 13.5.

One base year and four option years available.

https://portal.tungsten-network.com/Login.aspx mailto:vafsccshd@va.gov

B.2 Schedule of Items Contractor agrees to provide neurophysiologic monitoring services in accordance with the requirements listed in the B.3 PWS as well as all other sections of this solicitation and all applicable laws and regulations. Services will be for the NWIVAHCS.

Place of Performance: VA NWIHCS, 4101 Woolworth Ave Omaha, NE 68105

Pricing Instructions: Contractor will propose pricing for each Line Item Number (LIN) below. Please also fill in the total proposed price for each period of performance as well as the final proposed total at the bottom of this section. Please note that the quantities listed for each LIN below are only estimates.

Intraoperative Neurophysiology Monitoring Services- Base Period (9/1/2022 – 8/31/2023)

LIN Description Estimated Quantity Unit Unit Price

Estimated Total Price

Intraoperative Monitoring (All

Inclusive) 200 Hour

Disposable Subdermal

Needle 700 Each

Twisted Disposable

Needle 10 Each

Pedicle Screw Ball Tip

Probe 2.3mm Tio 13 Each

Estimated Base Total

Intraoperative Neurophysiology Monitoring Services- Option Year 1 (9/1/2023 – 8/31/2024)

LIN Description Estimated Quantity Unit Unit Price

Estimated Total Price

Intraoperative Monitoring (All

Inclusive) 200 Hour

Disposable Subdermal

Needle 700 Each

Twisted Disposable

Needle 10 Each

Pedicle Screw Ball Tip

Estimated Option Year 1 Total

Intraoperative Neurophysiology Monitoring Services - Option Year 2 (9/1/2024 – 8/31/2025)

LIN Description Estimated Quantity Unit Unit Price

Estimated Total Price

Intraoperative Monitoring (All

Inclusive) 200 Hour

Disposable Subdermal

Needle 700 Each

Twisted Disposable

Needle 10 Each

Pedicle Screw Ball Tip

Estimated Option Year 2 Total

Intraoperative Neurophysiology Monitoring Services - Option Year 3 (9/1/2025 – 8/31/2026)

LIN Description Estimated Quantity Unit Unit Price

Estimated Total Price

Intraoperative Monitoring (All

Inclusive) 200 Hour

Disposable Subdermal

Needle 700 Each

Twisted Disposable

Needle 10 Each

Pedicle Screw Ball Tip

Estimated Option Year 3 Total

Intraoperative Neurophysiology Monitoring Services - Option Year 4 (9/1/2026 – 8/31/2027)

LIN Description Estimated Quantity Unit Unit Price

Estimated Total Price

Intraoperative Monitoring (All

Inclusive) 200 Hour

Disposable Subdermal

Needle 700 Each

Twisted Disposable

Needle 10 Each

Pedicle Screw Ball Tip

Estimated Option Year 4 Total

Grand Total for all periods of performance: $_____________________ Minimum guaranteed spend: $ 1,000.00 Maximum contract value: $ 1.5 times estimated value of final accepted proposal

B.3 Performance Work Statement

1. SERVICES PROVIDED: Contractor shall provide Neurophysiologic Monitoring services to include the technical and neurophysiologist interpretation of somatosensory evoked potentials (SEP) and Electromyography (EMG) procedures to meet the requirements of this contract. SEP testing is defined as providing intra-operative monitoring of neurosurgical patients by trained technicians. All work is to be performed for VA beneficiaries at the VA Nebraska Western Iowa Health Care System, (VA NWIHCS), Omaha Division, 4101 Woolworth Avenue, Omaha, Nebraska.

2. REQUIREMENTS - GENERAL:

2.1. The Contractor shall provide all supplies, equipment, clinical software and personnel to be used in performing the Monitoring services below:

2.2. Provide contract neurophysiologic monitoring technician(s) to be available for surgical procedures as determined by the attending physician. The VA will pay only for actual services performed at the VA facility and will not pay for “on-call” or standby time;

2.3. Provide neurophysiologic monitoring services and evoked potential testing on an as needed basis for surgery patients;

2.4. Functional nerve monitoring unit(s)(NMU);

2.5. Technician(s) to operate NMU;

2.6. Appropriate disposables for procedure(s);

2.7. For surgical cases such as intra-operative neurophysiologic monitoring involving sensitive work in and around facial nerves;

2.8. Set-up and operate NMU and interpret sensory readings;

2.9. Services shall be conducted in the operating room and associated areas of the Omaha VA Medical Center (OVAMC) on a per case basis as determined by the Chief of Surgical Service;

2.10. Be sufficiently knowledgeable to test equipment prior to use and to make any adjustments in the equipment settings that are required;

2.11. Surgeon will notify the OR/Case Manager in Surgical Service when monitoring services are needed for a neurosurgical patient. The OR/Case Manager or appropriate designee will contact the Contractor with the request for monitoring. All changes to the proposed monitoring, to include date/time, type of monitoring, etc., will be conveyed by the OR/Case Manager or appropriate designee to the Contractor;

2.12. Maintain and service equipment routinely to ensure that the NMU is in the highest level of functioning condition without breakdowns, causing no delay to OVAMC patient procedures.

Service records are to be maintained to document performance reports and will be furnished the Contracting Officer prior to the start of the contract and each option year thereafter.

3. Contractor Responsibilities:

3.1. Before surgery, participate in establishing communication protocols with the surgical team to report monitoring activity;

3.2. Accurately apply all recording and stimulating electrodes;

3.3. Set-up of all necessary OR equipment and supplies necessary for neurophysiological intraoperative monitoring and the placement of suitable electrodes on predetermined measured positions on the patient’s body;

3.4. Perform monitoring procedures and documentation according to established protocols;

3.5. Identify monitored waveforms and any variation from baseline;

3.6. Have an understanding of anesthetic techniques and physiologic changes that can affect the waveforms being monitored;

3.7. Be competent in the operating of monitoring equipment, including troubleshooting and electrical safety;

3.8. Interpret the intraoperative monitoring recording and make recommendations regarding action or consequence to the attending surgeon;

3.9. Technician must maintain up-to-date knowledge of developments in the field of Neurophysiological monitoring;

3.10. As an effective member of patient care team, e.g., participates in patient care activities, telephone usage, and communicates effectively with surgical staff.

3.11. Documentation of Intraoperative neurophysiologic monitoring (IONM) shall be completed and placed in the patient’s chart prior to leaving the hospital.

3.12. Follow all VA infection control policies and procedures to include:

• Dress Code

• Surgical Conscience

• Comply with and set up equipment and supplies utilizing recommended practices and correct aseptic techniques.

• Maintains integrity of all sterile areas.

• Arrives in a timely manner so as not to delay the surgical process.

3.13. The Contractor will hold certificate of insurance for general liability, workmen’s compensation and vehicle insurance. Prior to award of the contract the Contractor shall furnish to the VA a certificate of insurance evidencing that all required coverage has been obtained. The Contractor shall be responsible for maintaining this certificate/coverage for the duration of the contract.

4. TIMELINESS AND SCHEDULING:

4.1. Contractor will respond within 24-48 hours when contacted to provide service.

4.2. Contractor will ensure that equipment, disposables and personnel are in place prior to surgery start time.

4.3. Contractor will provide Monitoring Services to VANWIHCS as requested by the Administrative Officer of appropriate designee in the Surgical Services when monitoring services are needed for a patient.

4.4. Work Hours: The services covered by this contract shall be furnished by the contractor as defined herein.

4.4.1. Normal working hours are Monday through Friday, 7:00 a.m. – 7:00 p.m.

4.4.2. The contractor will not be required, except in case of emergency, to furnish such services during off-duty hours as described below:

4.4.3. National Holidays: The eleven (11) holidays observed by the Federal Government are as follows:

• New Year’s Day

• Martin Luther King’s Birthday

• President’s Day

• Memorial Day

• Juneteenth

• Independence Day

• Labor Day

• Columbus Day

• Veterans Day

• Thanksgiving Day

• Christmas Day

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

4.4.4. Emergency/Off-Duty hours:

• Weekdays: 7:00 p.m. to 7:00 a.m.

• Weekends: Friday, 7:00 p.m. to Monday, 7:00 a.m.

5. QUALIFICATIONS – NEUROPHYSIOLOGY MONITORING TECHNICIAN:

5.1. General:

5.1.1. Must be proficient in spoken and written English as required by 38 U.S.C. 7402(d) and 7407(d).

5.1.2. Citizenship – Citizen of the United States (VA may consider permanent residents with J-1 visas in accordance with US Government policy when no qualified US citizen is available).

5.2. 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 certifications/licenses held by the personnel working on this contract shall be full and unrestricted. 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 certified and trained in Neurophysiologic Monitoring services and operation of any equipment used.

5.3. Contractor personnel must have a bachelor’s degree, be a graduate of an electroencephalographic technology program accredited by the Commission on Accreditation of Allied Health and Education Programs (CAAHEP), or equivalent training.

5.4. License/Certification/Registration Requirements: Registration by American Board of Registration of Electroencephalographic and Evoked Potential Technologists (ABRET) in Electroencephalography (EEG) or Evoked Potential (EP) or Certified Neurophysiologic Intraoperative Monitoring (CNIM)

5.5. Experience: Minimum of one year of documented experience in EEG or EP & Intraoperative neurophysiologic monitoring (IONM). Experience must have been in the last year.

Documented competency in modalities of intraoperative monitoring (see listing below in Knowledge, Skills and Abilities section) as well as evidence of having performed at least 100 cases per year.

5.6. Knowledge, Skills And Abilities - Knowledge required by the Intraoperative Monitoring Technician:

5.6.1. Knowledge of scientific rationale in coordination of/with the patient care;

5.6.2. Knowledge and expertise in the following areas of intra-operative Neurophysiological Monitoring;

• Transcranial Electrical Motor Evoked Potentials (TcMEPs)

• Somatosensory Evoked Potential (SSEPs)

• Evoked Electromyography (eEMG)

• Spontaneous Electromyography (sEMG)

5.6.3. Knowledge of universal precautions;

5.6.4. Knowledge of safety and environment of care procedures

5.6.5. Knowledge and experience of all equipment that is to be utilized.

5.7. Physical Demands: Must be able to push, pull, lift and carry 0-100 pounds on an intermittent basis and be able to sit, stand, 67-100% of the time. Must be able to walk and bend consistently.

5.8. BLS: For contracted personnel that will not utilize moderate sedation, the following identifies the training requirements:

5.8.1. Evidence of current American Heart Association BLS training.

5.8.2. Contractors are ultimately responsible for their own cost of BLS training.

5.8.3. For current contract personnel working on contract at VA NWIHCS: There are three options for completing the BLS requirement through the American Heart Association:

5.8.4. A contractor can purchase at their own expense a BLS course in the community.

5.8.5. Take the American Heart Association blended learning which requires the purchase of the AHA online Heart code key at www.onlineaha.org for Part 1. There will be no cost to the contractor to complete parts 2 and 3 by contacting the NWI BLS VA program director.

5.8.6. If there is space available in a face-to-face class, there will be no cost to the contractor.

Contractors will register for Basic Life Support for Healthcare Providers (BLS) via the VA’s Talent Management System.

5.8.7. For new contracted personnel not on a current contract with VA NWIHCS: Will be responsible for their own cost of certification and must have current required certification at the commencement of the contract.

5.8.8. A copy of the front and back of an American Heart Association BLS course card must be provided to the clinical service’s point of contact.

6. GOVERNMENT RESPONSIBILITIES / ASSERTIONS:

6.1. The Administrative Officer or appropriate designee will contact contractor with the request for monitoring. All changes to the proposed monitoring, to include date/time, type of monitoring, etc., will be conveyed by the Administrative Officer or appropriate designee to the Contractor.

6.2. The provision of Monitoring Services does not include training or supervision of VA Nebraska Western Iowa Health Care System’s personnel or the provision of services which are not described in this PWS.

6.3. Neither the VA Nebraska Western Iowa Health Care System’s neurophysiologic monitoring personnel nor competitor manufacturer’s representatives will be present during any surgeries for which contractor provides neurophysiologic monitoring, and contractor is not required to complete monitoring of any case in which this requirement is violated.

6.4. 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.

7. SPECIAL CONTRACT REQUIREMENTS:

7.1. The services specified in the Sections entitled Schedule of Services, Statement of Work and Special Contract Requirements may be changed by written modification to this contract. The modification will be prepared by the VA Contracting Officer and, prior to becoming effective, shall be approved by the contractor as part of the bi-lateral modification process.

7.2. 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 bylaws of the VA facility.

7.3. This contract is a non-personal health care services contract as defined in Federal Acquisition Regulation 37.101 and is as follows – “Non personal services contract means a contract under which the personnel rendering the services are not subject, either by the contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees.”

7.4. Under no circumstances will Contractor bill any patient or patient’s insurance company for any procedure. All costs will be charged only to Omaha VAMC at the designated rate(s) as listed by the Contractor in the Schedule of Items. Those rates will be all-inclusive based on the described service categories herein.

8. ON-CALL SERVICES:

8.1. It is VA Medical Service policy that a technician will be “on-call” at home, or where available by phone or pager during the same tour of duty as the assigned house officers. Thus, the technician is to be available for both ward and Officer of the Day (OD) support, and is expected to visit the medical center as needed. Arrangements should be made for transfer of on-call responsibility if the assigned technician will be unavailable.

8.2. Contractor will provide a master call list with an assigned point of contact and will provide a new roster when changes occur. Personnel on call along with pager/cell phone numbers must be provided.

8.3. On-call technician should respond within 15 minutes (by phone) and 60 minutes (in person) of being notified. Failure to meet this requirement could result in review of contract compliance.

8.4. On-call and call-back services are included in the total compensation of each technician and will not be paid separately. In the event, a technician is required to report to the VA, he/she will be reimbursed based on actual hours worked and at the hourly rate identified in the price schedule.

Technician will record hours on the sign-in sheets on the day when work was performed.

9. KEY PERSONNEL AND TEMPORARY EMERGENCY SUBSTITUTIONS:

9.1. Prior to contract award, the Contractor shall furnish a list of key personnel/trained technicians providing services under this contract to both the CO and COR.

9.2. 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 30 calendar days after the occurrence of any of these events and provide the information required by the following paragraph. After the initial 90-day period of the contract, the Contractor shall submit the information required by this section to the contracting Officer at least 30 days prior to making any permanent substitutions.

9.3. 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 30 calendar days after receipt of all required information of the decision on the proposed substitutes. The contract will be modified to reflect any approved changes of key personnel.

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

9.5. CONTINUITY OF SERVICES: The contractor shall ensure that qualified backup technicians are available to provide coverage during scheduled and unscheduled absences of primary contract technician.

9.6. Approval of Contractor Personnel: The Department of Veterans affairs reserves the right to refuse services under this contract or require dismissal from contract work of any contractor employee or subcontractor employee who, by reason of previous unsatisfactory performance at the Omaha Division, VA NWIHCS or for any other rational reason, is considered by the Contracting Officer to be objectionable, as long as ninety (90) days written notification of unsatisfactory performance has been provided to the Contractor, and the problem has not been cured in the ninety (90) day period. Any disagreement about performance still existing at the end of this ninety (90) day period will be handled by the Contracting Officer.

10. 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:

• Workers compensation

• Professional liability insurance

• Health examinations

• Income tax withholding, and

• Social security payments.

11. RECORD KEEPING: The VA Medical Center shall establish and maintain a record keeping system through the patient’s electronic medical record. Medical Record documentation will be reviewed according to QASP Methods of Surveillance by the COR.

12. DISASTER/EMERGENCY COVERAGE: In the event of a Federal, local or community disaster or emergency, the Contractor will continue to provide services to the VA at the same level as is contained in this contract.

13. STANDARD OF CARE: The standard of care should be equal to that provided by the VA if the VA were capable of providing the services required at their location. The contractor shall provide competent, quality Neurophysiologic Monitoring services to all patients of the VA NWIHCS, in the performance of this PWS and contract requirements. Contractor shall provide all services specified in this contract for any VA beneficiary, regardless of the race, color, religion, sex, or national origin of the person for whom such services are ordered. The Contractor further warrants that he/she shall not resort to subcontracting as a means of circumventing this provision.

14. CONTRACT PERFORMANCE MONITORING: Monitoring of contractor’s performance shall be done by the Contracting Officer’s Representative (COR). Incidents of contractor noncompliance as evidenced by the monitoring procedures shall be forwarded immediately to the Contracting Officer. Contractor shall comply with the required standards as outlined in the Quality Assurance Surveillance Plan (QASP) (Attachment 1). The QASP shall be attached to the resultant contract and shall define the methods and frequency of surveillance conducted. The QASP will be signed by the Contractor Program Manager and COR, outlining the evaluation criteria to ensure the contractor is aware of the management and quality criteria required to meet the terms of the contract.

14.1. Frequency of Performance Measure Assessment: The COR shall visit/correspond with the contractor either as needed or, at a minimum, on a quarterly basis. In addition, the following performance measure reports will occur:

14.1.1. Semi-Annual Reports are prepared and completed by the COR within 45 days of the end of the reporting period. Quarterly reports will include data for deficient measures only.

Contractor will review semi-annual (or quarterly if needed) performance measure reports and acknowledge receipt of report by returning a signed copy, along with any comments, to the Contracting Officer within 30 days of receipt of the report.

14.1.2. Contractor’s Performance Report: At the end of each contract period, the COR will assess the summary of the contractor’s performance and shall provide a written assessment.

This written assessment will be forwarded to the Contracting Officer as documentation of contractor’s performance and/or for a request to exercise option period, renewal of a contract or termination of a contract. This information will be loaded into the Contractor Performance Assessment Reporting System (CPARS).

14.2. Performance Standards (see attached QASP, Attachment 1).

15. QUALITY MANAGEMENT REQUIREMENTS: Contract personnel shall provide compassionate care with respect for the special needs of the veteran population served. Care delivered will reflect the VA Medical Center’s Mission, Vision and Values.

15.1. Patient Rights

15.1.1. Care provided will respect and integrate the patient’s beliefs, values and cultural influences.

15.1.2. Protection of all patients’ rights is of highest priority.

15.1.3. The contractors are required to comply with Attachment 6, VA Patient Rights.

15.1.4. Patient privacy and confidentiality shall be maintained at all times.

15.1.5. Computer access will be granted on a need-to-know basis, and security of computerized information will be maintained at all times.

15.1.6. All patient complaints which cannot be resolved by the contractor shall be referred to the VAMC Patient Representative.

15.1.7. The contractor and patient care services provided shall be included in VAMC data collection activities related to patient compliments, complaints and satisfaction.

15.1.8. No eligible veteran shall be denied care for treatment which is not reimbursed by the third party insurance carrier.

15.2. Patient Safety

15.2.1. Patient safety shall be a primary focus of the contractor.

15.2.2. Every effort shall be made by the contractor to prevent medication errors, falls, and patient injury caused by acts of commission or omission in the delivery of care.

15.2.3. The VAMC shall determine when a Root Cause Analysis (RCA) is required of the contractor and must be submitted to the COR in a timely manner.

15.3. Patient Assessment

15.3.1. All care provided shall be based on assessed patient needs.

15.3.2. Findings from assessment and reassessment shall be clearly documented in the medical record, which is used by all members of the interdisciplinary care team in care planning and treatment.

15.3.3. Assessment for invasive procedures will include all elements as explicitly outlined in VAMC Bylaws and applicable policies.

15.3.4. All required documentation shall be fully completed within VAMC required timeframes.

15.4. Performance Improvement

15.4.1. The contractor shall fully participate in the VAMC Performance Improvement (PI) program.

15.4.2. Contractor PI activities may be directed by the VAMC, VISN or VHA, as well as accreditation or licensing bodies.

15.4.3. High priority shall be given by the contractor to the prevention of risk for the patient.

15.5. Human Resources

15.5.1. All contracted staff shall complete a formal VAMC orientation.

15.5.2. All related documentation, such as completed competency checklists or educational training records, shall be maintained by the contractor and available for VAMC review upon request.

15.6. Information Management. Strict adherence to all documentation related to the performance of invasive procedures shall be maintained.

16. CONTRACTOR RECALL AND SAFETY PLAN AND PROCESS NOTIFICATION TO

FACILITIES: Contractor shall take immediate action to notify the Contracting Officer (CO) whenever a product, piece of equipment or item is recalled or considered dangerous, hazardous or unsafe in order to remove such products, equipment or items from use. This notification process also applies to safety alerts. The contractor recall and safety notification plan and process is necessary so that proper notification to individuals who have received or individuals who may utilize such products, equipment or items can be made in as expedient and efficient manner as possible. The contractor shall provide to the CO their plan for this safety notification process and also maintain a record system in order to document any safety incident issues by their date, time, and description of the recall or safety alert issue provided to the CO.

17. CONTRACTOR PERSONNEL SECURITY REQUIREMENTS: All contractors who require access to the Department of Veterans Affairs, computer systems and/or sensitive information shall be the subject of a background investigation (National Agency Check with Inquiries (NACI)) and must receive a favorable adjudication from the VA Office of Security, Information Security Officer and Law Enforcement prior to contract performance. This requirement is applicable to all sub-contractor personnel requiring the same access. If the investigation is not completed prior to the start date of the contract, the contractor will be responsible for the actions of those individuals they provide to perform work for the VA.

17.1. The position sensitivity has been designated as low risk.

17.2. Background Investigation. The level of background investigation commensurate with the required level of access is minimum background investigation, if required. All costs incurred with the background investigation process will be paid by the VA.

17.3. Security and Privacy Training: Each contractor assigned work under the contract is required to receive and document completion of VA training on Cyber Security. The requirements for fulfilling this provision can be found at the Talent Management Website (TMS) at https://www.tms.va.gov. Contractor shall provide documented proof to the Contracting Officer that all contractors servicing a VA contract have received annual training. Contractor personnel must also complete TMS item #3873736, Records Management for Records Officers and Liaisons, prior to beginning work on the contract. .Annual privacy and security training requirements may change- any additional courses required will by communicated to the Contractor by the COR, Contracting Officer, or Contract Specialist.

17.4. The contractor shall ensure all personnel requiring access to the computer systems are able to read, write, speak and comprehend the English language.

17.5. The Contractor shall complete fingerprint capture at local VA Police Services. If a VA site other than NWIHCS (Omaha, Lincoln or Grand Island) is conducting the process, the results need to be sent to NWIHCS’s Security Officer Identifier (SOI) #VAF5 and Submitting Office Number

(SON) #1445.

Fingerprints captured in Omaha are completed in Room B804, Monday-Friday 8:00 a.m. - 4:00 p.m. and conducted on a walk-in basis or scheduling an appointment by contacting their office at 402-995-5225 or 5818. Grand Island: Room S508, Monday-Friday, 8:00 a.m. – 4:30 p.m.

https://www.tms.va.gov/

(closed from Noon – 1:00 p.m.). Each applicant to be fingerprinted will need to present a valid state driver’s license or valid state I.D.

17.6. The COR will provide the successful Contractor with a background investigation packet that must be completed in full and signed by the potential Key Personnel of the Contractor. The Completed background investigation packet must then be emailed, encrypted, to the COR for review and submission to the Security Investigations Center for processing.

17.7. E-mails will be sent from our SIC, Little Rock, AR, to the applicant, company’s point of contact and Contracting Officer (CO). This e-mail will provide the applicant with the website link for forms and instructions on how to complete the process.

17.8. Applicants must complete and mail their paperwork within 30 days to the SIC. If not received within 40 days, the request will be terminated and a new request be submitted or the contractor may be removed from the contract for non-compliance.

17.9. The contractor, when notified of an unfavorable determination by the Government shall withdraw the contractor from consideration from working under the contract.

17.10. Failure to comply with the contractor personnel security requirements may result in termination of the contract for default.

17.11. Upon successful completion of the process, a VA personal identity verification (PIV) card will be issued to the contractor. Contractor will use this card to access the computer. The VA badge/PIV card will be worn by the contractor at all times while on VA controlled property.

17.12. Government Responsibilities:

17.12.1. The VA Contracting Officer will provide the necessary forms to the contractor.

17.12.2. The Contracting Officer will ensure that the contractor provides evidence that investigations have been completed or are in the process of being requested.

18. INFECTION CONTROL COMPLIANCE:

18.1. OSHA REGULATION CONCERNING OCCUPATIONAL EXPOSURE TO

BLOODBORNE PATHOGENS: Contractor shall provide generic self-study training for all contractor(s); provide their own Hepatitis B vaccination series at no cost to the VA if they elect to receive it; maintain an exposure determination and control plan; maintain required records; and ensure that proper follow-up evaluation is provided following an exposure incident.

The VA NWIHCS shall notify the Contractor and vice versa 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. Refer to VA NWIHCS Blood and Body Fluid Exposure Management Procedure Policy (Attachment 7).

Contractor shall provide written certification of training compliance with the Blood borne Pathogens Standards, 29 CFR Part 1910.1030 (copy available on request) to the Contracting Officer’s Representative (COR) prior to Contractor compensating work. Contractor shall adhere to VAMC Infection Control policies and procedures (See Attachments 7 and 8).

18.2. MANTOUX/PURIFIED PROTEIN DERIVATIVE (PPD) TESTING: Contractor shall provide evidence to the COR:

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

18.2.1. Negative PPD test within fourteen (14) calendar days prior to beginning service. If an earlier PPD test was given over twelve (12) months previously, the current test shall be a 2-step Mantoux test.

18.2.2. Medical evidence that personnel are disease free for those having a positive PPD. A negative chest radiographic report for active tuberculosis (TB) shall be provided in cases of positive PPD results.

18.2.3. An annual TB test is completed for all contract personnel. Contractor shall provide evidence of re-tests to the COR within ten (10) calendar days of the re-test.

18.3. RUBELLA TESTING: Contractor shall provide proof of immunization for all contractor(s) 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.

18.4. DRUG TESTING: All Contractor personnel shall be subject to VA’s Drug-Free Workplace Policy. 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 the process shall result in immediate termination of the contract. In addition, Contractor shall be subject to background check with local and county law officials to determine “suitability” for this sensitive position.

19. PRIVACY ACT REQUIREMENTS: Performance of contract services may involve review of VA patient records containing information subject to the Privacy Act, 5 U.S.C. Section 552a. The Contractor will perform in accordance with FAR clause 52.224-2, Privacy Act, Section I and provisions of Public Law 104-191 HIPAA. The Contractor shall maintain confidentiality of such information and shall be held liable in the event of a breach of confidentiality.

20. CONFIDENTIALITY:

20.1. The contractor understands and agrees that the information in the medical records of all patients is confidential. Strict confidentiality is to be maintained. Rules of Confidentiality expected to be conformed with are delineated in 38 U.S.C. 3301, 38 U.S.C. 4132, 5 U.S.C. 552 (1) et Seq. The contractor and its personnel shall be held liable in the event of breach of confidentiality. Any person, who knowingly or willingly discloses confidential information from the authorizing VA Medical Center, may be subject to fines.

20.2. If, in the performance of official duties, the contractor's personnel have regular access to printed files containing sensitive information, which must be protected under the provisions of the Privacy Act of 1974, and other applicable laws and regulations, the employee is responsible for protecting that information from unauthorized release or from loss, alteration or unauthorized deletion. Contractors and their employees shall be required to adhere to the VA Privacy policy/ HIPAA, cyber security awareness, compliance and business integrity, emergency preparedness management, fire and life safety, green environmental management systems – GEMS, infection control, managing hazardous materials, medical center security and no-fear. Additional requirements may be added as deemed necessary by the contracting officer.

20.3. VA may provide the contractor(s) with access to pertinent patient medical information, within the existing privacy rules and regulations, for the purpose of providing coordinated comprehensive care. Contractor(s) shall ensure the confidentiality of all patient information and shall be held liable in the event of the breach of confidentiality. All HIPAA regulatory guidelines pertaining to medical records and care will be followed.

21. COMPLIANCE WITH REGULATIONS AND POLICIES:

21.1. The Contractor shall perform required services in accordance with the standards of The Joint Commission, established principles and ethics of the medical profession established by the American Medical Association (AMA) and American College of Emergency Physicians

(ACEP). The Contractor shall adhere to Veterans Health Administration (VHA) regulations and the policies, procedures, and regulations of the Medical Staff Bylaws of the VAMC (refer to Attachment 9).

21.2. The Contractor shall perform required services in compliance with all VA security policies and applicable confidentiality statutes, including 38 U.S.C. 5701, 38 U.S.C. 5705, 38 U.S.C. 7332, 5 U.S.C. 552a (Privacy Act), as well as 45 C.F.R. Parts 160, 162 and 164 (Health Insurance Portability and Accountability Act).

21.3. Contracted personnel caring for patients and receiving payment for such care from the Department of Veteran Affairs shall meet the current Patient Safety Standards of The Joint Commission.

21.4. Contracted personnel are responsible for identifying and communicating to the CO and COR any 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 (see Attachment 4 – Organizational Conflict of Interest).

B.4 Records Management Obligations (NARA Language)

A. Applicability: This clause applies to all Contractors whose employees create, work with, or otherwise handle Federal records, as defined in Section B, regardless of the medium in which the record exists.

B. Definitions: “Federal Record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them. The term Federal record:

1. includes [Agency] records.

2. Does not include personal materials.

3. Applies to records created, received, or maintained by Contractors pursuant to their [Agency] contract.

4. May include deliverables and documentation associated with deliverables.

C. Requirements

1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C.

chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

3. In accordance with 36 CFR 1222.32, Contractor shall maintain all…