36C26322Q0878.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

36C26322Q0878 08-17-2022

Matthew Dale 651-293-3010 09-06-2022

9 AM CST

36C263 Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

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

X

621512

$16.5 Million

N/A

X

Department of Veterans Affairs Minneapolis VA Medical Center One Veterans Drive, Building 70

Minneapolis MN 55417

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

See CONTINUATION Page

X

01 October 2022

This is an SDVOSB / VOSB set aside. Only Offerors properly certified as SDVOSB or VOSB firms will be considered for award. Awardee must also comply with subcontracting limitations, which includes providing over 50% of the service directly (see section C.9 below for more details).

This is a solicitation for Magnetic Resonating Imaging (MRI)and related services for the Nebraska-Western Iowa VA Health Care System to be performed in Lincoln, NE, and Grand Island, NE. This requirement includes both the equipment and the services needed to perform the work- see the B.3 Performance Work Statement for details.

See Section E.6 for details on how proposals will be evaluated and Section E.7 for proposal submission instructions.

36C26322Q0878

Table of Contents Section B - Continuation of SF 1449 Blocks

B.1 Contract Administration Data B.2 Schedule of Services B.3 Performance Work Statement (PWS) B.3.1 PWS Addendum: VHA Supplemental Contract Requirements for Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors (Oct 2021) B.4 VA Information and Information System Security / Privacy Language B.5 Records Management Obligations (NARA Language)

Section C - Contract Clauses

C.1 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services (Nov 2021) 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 52.228-5 Insurance—Work on a Government Installation (Jan 1997) C.7 Supplemental Insurance Requirements C.8 VAAR 852.212-70 Provisions and Clauses Applicable to VA Acquisition of Commercial Products and Commercial Services (Apr 2020) C.9 VAAR 852.219-77 VA Notice of Limitations on Subcontracting – Certificate of Compliance for Services and Construction (Nov 2021) C.10 52.252-2 Clauses Incorporated by Reference (Feb 1998) C.11 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Products and Commercial Services (May 2022)

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 52.209-7 Information Regarding Responsibility Matters (Oct 2018) E.4 52.233-2 Service of Protest (Sep 2006) E.5 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) E.6 VAAR 852.273-73 Evaluation - Health-Care Resources (Jan 2003) E.7 Instructions to Offerors (Addendum #1 to VAAR 852.273-73) E.8 Evaluation of Option to Extend Under FAR 52.217-8 (Addendum #2 to VAAR 852.273-73) E.9 52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services (May 2022)

Section B - Continuation of SF 1449 Blocks B.1 Contract Administration Data

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 (VA NWIHCS), 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: Matthew Dale, Contracting Officer Department of Veterans Affairs Network Contracting Office (NCO) 23 316 N. Robert St. STE 506 St. Paul MN 55101 651-293-3010 Matthew.Dale3@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. INVOICES: Invoices shall be submitted monthly in arrears.

4. Billing/Accounting/Invoices: See B.3 PWS Section 16

5. Type of Contract:

Per-procedure, fixed price, indefinite delivery indefinite quantity FAR part 13.5 purchase order.

mailto:Matthew.Dale3@va.gov

B.2 Schedule of Services This schedule lists the estimated total number of MRI procedures needed for each location under the contract. This per-procedure pricing accounts for all services by Contractor in performance of this Contract. See the Performance Work Statement (PWS) at Section B.3 for all details on services provided by Contractor. Please fill in your proposed unit price and total price for each Line Item Number (LIN) below. Please also calculate your total proposed pricing for each period of performance as well as for a cumulative total of all pricing at the end of the schedule.

Period of Performance: Contract Period 1, 01 October 2022 to 30 June 2023.

LIN Description of supplies/services Estimated Quantity Unit

Unit price

Estimated Total

0001 Mobile MRI Services for Lincoln 540 EA

0002 Mobile MRI Services for Grand Island 540 EA

Contract Period 1 Estimated Total $

Period of Performance: Contract Period 2, 01 July 2023 to 30 June 2024.

LIN Description of supplies/services Estimated Quantity Unit

Unit price

Estimated

1001 Mobile MRI Services for Lincoln 725 EA

1002 Mobile MRI Services for Grand Island 725 EA

Contract Period 2 Estimated Total $

Period of Performance: Contract Period 3, 01 July 2024 to 30 June 2025.

LIN Description of supplies/services Estimated Quantity Unit

Unit price

Estimated

2001 Mobile MRI Services for Lincoln 725 EA

2002 Mobile MRI Services for Grand Island 725 EA

Contract Period 3 Estimated Total $

Period of Performance: Contract Period 4, 01 July 2025 to 30 June 2026.

LIN Description of supplies/services Estimated Quantity Unit

Unit price

Estimated

3001 Mobile MRI Services for Lincoln 725 EA

3002 Mobile MRI Services for Grand Island 725 EA

Contract Period 4 Estimated Total $

Period of Performance: Contract Period 5, 01 July 2026 to 30 June 2027.

LIN Description of supplies/services Estimated Quantity Unit

Unit price

Estimated

4001 Mobile MRI Services for Lincoln 725 EA

4002 Mobile MRI Services for Grand Island 725 EA

Contract Period 5 Estimated Total $ Grand total for all POPs: $_____________________ Guaranteed Minimum Value: $10,000.00 Maximum Contract Value: 2.5 times successful offeror’s proposed grand total.

B.3 Performance Work Statement (PWS)

1. GENERAL

1.1. Services: The VA Nebraska-Western Iowa Healthcare System (VA NWIHCS), Grand Island and Lincoln clinic locations, has a requirement for on-site Magnetic Resonance Imaging (MRI) studies to maximize patient safety and afford Veterans with services in lieu of traveling outside of the Grand Island and Lincoln metropolitan areas.

1.1.1. The contractor will provide a truck mounted with appropriate connection capabilities and a certified commercial driver. Additionally, the contractor’s certified MRI Technologists will perform physician ordered MRI scans of Veteran patients as required.

1.1.2. Quantities listed are estimated requirements. The VA attempts to be as accurate as possible when providing estimated quantities. However, actual quantities required may vary from quantities listed.

1.2. Place of Performance: Services will be provided on-site at the Lincoln VA and Grand Island VA Clinic sites.

• Lincoln VA Clinic address: 600 South 70th Street, Lincoln Nebraska, 68510

• Grand Island VA Clinic address: 2201 N. Broadwell Ave, Grand Island NE 68803

1.3. Period of Performance: The base contract period is effective October 1, 2021 through February

28, 2022, with the possibility of an extension of up to 6 months via FAR 52.217-8.

1.4. Authorities: Title 38 USC § 8153, Health Care Resources (HCR) Sharing Authority, Federal Acquisition Regulation (FAR) Parts 12, 13 and 15, and Veterans Affairs Acquisition Regulation

(VAAR).

1.5. VA Policies/Directives/Handbooks: The Contractor is considered part of the VA activity for purposes of the following applicable federal and state statutes, VA regulations, VA directives, VA handbooks and policies implementing U.S. statutes. This contract incorporates the attachments by reference with the same force and effect as if they were given in full text. Copies of VA NWIHCS Policies will be provided to the contractor upon request. The Contractor shall be subject to the following policies, directives, and handbooks including any subsequent updates during the performance period of this contract. Any updated policies or new statutes will be communicated via email and not by a contract modification.

Electronic copies of statutes and VA directives may be obtained at the VA Publications, and Library of Congress websites. Most current VA and VHA publications can be located at https://www.va.gov/vhapublications/. U.S. Codes (statutes) can be located at https://uscode.house.gov/.

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

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

1.5.2. Health Insurance Portability and Accountability Act of 1996 (HIPAA)(Public Law 104-191)

1.5.3. VHA Directive 1605.01 Privacy and Release of Information

1.5.4. VA Nebraska-Western Iowa Health Care System Medical Center Policy:

• EC-14C – PIV Card

• EC-28A - Operating Room Security

• IC-01F - Infection Precautions https://www.va.gov/vhapublications/ https://uscode.house.gov/ https://www.justice.gov/oip/foia_updates/Vol_XVII_4/page2.htm

• IM-06D - Information Security Policy/Procedures

• POL-017 - Vendors (Contractors)

Note: As the VA routinely reviews and updates policies and procedures covering contractors, policies and security requirements may change during the term of this contract. New policies and procedures will be communicated via email to the contractor. If a contract modification is required due to statute, it shall be implemented unilaterally.

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

1.6.1. BAA: Business Associate Agreement.

1.6.2. CDR/CR: Contract Discrepancy Report/Contract Report. Report issued by the Government to the contractor to document a supply or service found to be unacceptable during contract performance.

1.6.3. CLIN: Contract Line Item Number. This is unit, description of work to be performed by the contractor as a payment item.

1.6.4. CO: Contracting Officer. A person executing this contract on behalf of the Government who has the authority to enter into and award, administer, modify, and/or terminate contracts and make related determinations and findings.

1.6.5. COR: Contracting Officer’s Representative. An individual appointed by the CO, designated and authorized in writing, 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 promptly report to the CO any indication of non-compliance in order that appropriate action can be taken. The COR does not have the authority to make changes to the contract.

1.6.6. CPAR: Contractor Performance Assessment Report.

1.6.7. CPARS: Contractor Performance Assessment Reporting System.

1.6.8.CS: Contract Specialist.

1.6.9. FAR: Federal Acquisition Regulation. Principal set of rules governing all U.S. Federal Government’s procurement processes.

1.6.10. HIPAA: Health Insurance Portability and Accountability Act of 1996. The act deals with the protection and standardization of healthcare related information systems. The HIPAA Privacy Rule provides federal protections for personal health information held by covered entities and gives patients an array of rights with respect to that information.

1.6.11. IDIQ: Indefinite Delivery Indefinite Quantity.

1.6.12. ISO: Information Security Officer. Individual within the VA responsible for ensuring information assets (i.e. VA sensitive information) are adequately protected.

1.6.13. MRI: Magnetic Resonance Imaging.

1.6.14. NWIHCS: Nebraska – Western Iowa Healthcare System.

1.6.15. PIV: Personal Identity Verification. Personal identity verification is required of federal employees and contractors and secures access to federal facilities and information systems.

1.6.16. PO: Privacy Officer. Individual within the VA who is responsible for managing the risks and impacts of privacy laws and policies.

1.6.17. POP: Period of Performance.

1.6.18. PWS: Performance Work Statement. A statement of work in the contract that describes the required results in clear, specific, and objective terms with measurable outcomes.

1.6.19. QA: Quality Assurance. Actions taken by the government to assure contracted services meet PWS requirements.

1.6.20. QASP: Quality Assurance Surveillance Plan. A written document specifying the method used for surveillance of contractor performance.

1.6.21. QC: Quality Control. Actions taken by the contractor to control the performance of contracted services to meet the PWS requirements.

1.6.22. VA: Veterans Affairs or Department of Veterans Affairs.

1.6.23. VHA: Veterans Health Administration.

1.6.24. VA NWIHCS: VA Nebraska - Western Iowa Health Care System.

2. SERVICES AND EQUIPMENT

2.1. The contractor agrees to furnish certified personnel, supplies, and all equipment necessary to perform MRI studies during normal business hours to eligible beneficiaries of the VA NWIHCS, Grand Island and Lincoln Clinics. The Mobile MRI will be placed at a location designated by the COR. Contractor will be required to make whatever adaptations are necessary so that the Contractor’s equipment is compatible with the VA. Contractor shall be responsible to maintain all equipment in good working order at all times and shall reimburse the VA for loss of time resulting from defective workmanship or equipment failure.

2.1.1. Services and equipment required include, but are not limited to, management, training, labor, time, transportation, equipment, MRI equipment, tools, supplies, maintenance and repair of all contractor furnished equipment, and fully qualified Technologists and driver.

The unit price shall be an all-inclusive per-procedure price.

Mobile MRI Trailer: Contractor shall furnish a handicap accessible Mobile Trailer where studies will be performed on equipment furnished by the Contractor. The entire offering of an MRI Mobile Trailer service shall meet all local, state, federal, industry, Joint Commission NEC, NFPA, VA, OSHA, and other regulatory standards internal or external applicable to the Lincoln and Grand Island CBOCs. The MRI trailer shall provide the space sufficient for the monitoring of sedated patients and conducting CPR and other medical emergencies, if needed. The Mobile Trailer shall also have an intercom system between the control room and scanning room, CD-R burning capabilities as a backup to network transfer of data, and Optical Disk archival system. The patient data and optical disk is the property of the Lincoln and Grand Island CBOCs. The Mobile MRI Trailer shall maintain a temperature to assure proper operation of the scanner without frequent calibration and provide for patient comfort.

MRI Scanner System: Contractor equipment shall include: a minimum of 8 channel imaging capabilities, not less than Quantum Gradient package (33MT/100 slew rate.

Applications Suites (Neuro, Angio, Cardiac, Body, Oncology, Ortho), Dicom compatibility, ie: Work list and Storage. A minimum of eight channel coils supplied by contractor shall include: 8 channel Head Matrix, 8 Channel Neck Matrix, 8 channel Body Matrix, 8 channel Spine Matrix, Small CP Flex, Large CP Flex & interface, CP Extremity, Shoulder Array, and Phased Array Wrist. Contractor shall also provide a Pulse Oximeter.

The mobile scanner system shall also be equipped with a programmable injector with pressure monitor, such as Medrad Spectrics, having the following capabilities: scan delay, Multiphase option, protocol storing, and pause hold functionality.

Accessory Equipment: Contractor shall provide two Analysis/Review Stations. The review stations shall be of diagnostic quality and have the capacity to handle the computational load of 3- dimensional datasets. The review stations shall have computers with high processing performance and large memory capacity to achieve real-time interactive navigation without compromising the native resolution of MRI images (spatial resolution and dynamic range), image fusion capability, and multimodality display capability, including computed tomography (CT), computerized tomography, radiography, ultrasonography etc. Contractor shall also provide new hardware and software, or upgrades to as required, to ensure ability to read MRI images and create and export JPEC and MPEG files. Contractor shall also provide an IV contrast warmer.

Telecommunications: The mobile scanner system shall be equipped with an outlet connection capable of transmitting data and voice through a Government provided category five

(5) cable. The Government will provide the connection required for the transmission of images, data and voice. The Contractor’s mobile scanner system must be able to connect to the commercial PACS system and VISTA Imaging Network and to transmit all images to both systems and be compatible with DICOM 3 imaging standards.

2.1.2. Contract provider’s standard of care shall cover the same range of services as would be provided in a civilian medical treatment facility and shall follow the standard of care required by the policies of the VA NWIHCS for patient safety and quality assurance.

2.1.3. Contractor shall comply with all appropriate and applicable policies, procedures and regulations of the VHA and VA NWIHCS, and ensure compliance with Joint Commission standards and guidelines.

2.1.4. Contractor shall ensure MRI Technologists acquire images consistent with VA NWIHCS protocols. Images acquired shall encompass all portions of the anatomy/area deemed necessary for Radiologists to conduct an accurate report.

2.1.5. Contractor will possess collaborative skills sufficient to work effectively with the on-site imaging supervisor and other medical staff.

2.1.6. Contract personnel must maintain professional conduct and the highest standard of integrity during interactions with patients, nurses, physicians and other healthcare professionals. Contractor will consistently communicate and treat others in a courteous, tactful and respectful manner.

2.1.7. All MRI equipment used during the performance of this contract must be FDA approved.

Proof of FDA approval is a deliverable item at the time of the solicitation response and at award. Contractor is responsible for maintaining and ensuring all MRI equipment is in good working order.

3. VA HOURS of OPERATION / SCHEDULING:

3.1. Services will be provided during normal imaging service clinical hours on the following days and at the following times.

• Grand Island: Monday 0800 – 1530, Tuesday 0715 – 1145, Thursday 0715 - 1145

• Lincoln: Monday 0715 – 1530, Tuesday 0715 - 1530

• These are first appointment times which will require the mobile MRI to be ready for patients 15 minutes prior to the first scheduled patient as indicated.

3.1.1. On inclement weather days that preclude the ability of the MRI truck to travel, notification must be sent via email to the COR and the site Supervisor prior to scheduled arrival time at affected facility.

3.2. The mobile MRI is required to be on-site at the appropriate facility and ready 15 minutes prior to the first scheduled patient as indicated above (3.1) and remain on site until study completion for the last schedule patient as indicated above (3.1). Any deviation from the listed schedule requires coordination and approval of the site supervisor and the COR.

3.3. It is estimated, based on previous years and growth in volume over time, that 1800 studies (900 in Grand Island and 900 in Lincoln) will be conducted each year requiring the mobile MRI.

3.4. The following holidays are observed by the Department of Veterans Affairs and will not require the mobile MRI to be on site:

• New Year’s Day

• President’s Day

• Martin Luther King’s Day

• Memorial Day

• Juneteenth National Independence 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.

When a holiday falls on a Sunday, the following Monday will be observed as a legal holiday.

When a holiday falls on a Saturday, the preceding Friday is observed by US Government agencies.

4. QUALIFICATION/EDUCATION/TRAINING

4.1. Contractor provided Technologists must be MRI certified. Mobile MRI truck driver hold a current Commercial Driver’s License. A minimum of one year of experience with the specific mobile MRI equipment is required. Certification and training documents must be provided to the Contracting Officer upon award of contract.

4.2. Contractor personnel shall be proficient in written and spoken English (38 USC 7402).

5. VA REQUIRED TRAINING:

5.1. HIPAA/Privacy Training: Contractor and their sub-contractor employees assigned to work under the contract are required to receive annual training on patient privacy as established by HIPAA statutes. Training must meet VHA’s and the Department of Health and Human Services (HHS) Standards for Privacy of individually identifiable health information. Contractor shall provide documented proof annually of training to the contracting officer for all employees that are assigned work and/or having access to protected health information.

5.2. Contractor personnel assigned to provide services at the VA NWIHCS must have completed VA privacy, security, ethics and fire prevention training before performing any services and must complete annual VA education training requirements.

NOTE: VA routinely reviews and updates policies and procedures covering contractors. All updated training requirements shall be communicated via e-mail to the contractor.

6. STANDARD PERSONNEL TESTING: The contractor shall assume full responsibility for health of personnel furnishing services under this contract and shall provide evidence of health examination records ensuring the health of contract personnel to include: a) annual PPD Tuberculosis skin test, b) recent, within the last year, chest x-ray if there is a history of positive TB skin test, c) record of Hepatitis B immunity, and (d) annual Influenza vaccination.

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

While performing services for the Department of Veterans Affairs, the Contractor shall not knowingly employ, contract or subcontract with an illegal alien, foreign national non-immigrant who is in violation their status, as a result of their failure to maintain or comply with the terms and conditions of their admission into the United States. Additionally, the Contractor is required to comply with all “E-Verify” requirements consistent with “Executive Order 12989” and any related pertinent Amendments, as well as applicable Federal Acquisition Regulations.

If the Contractor fails to comply with any requirements outlined in the preceding paragraphs or its Agency regulations, the Department of Veterans Affairs may, at its discretion, require that the foreign national who failed to maintain their legal status in the United States or otherwise failed to comply with the requirements of the laws administered by Homeland Security, Immigration and Customs Enforcement and the U.S Department of Labor, shall be prohibited from working at the Contractor’s place of business that services Department of Veterans Affairs patient referrals; or other place(s) 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.

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.

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.

8. ANNUAL OFFICE OF INSPECTOR GENERAL (OIG) STATEMENT: In accordance with HHS/OIG regulations, to ensure that the individuals or entities providing services under contract to the Federal Government have not engaged in fraud or abuse regarding Sections 1128 and 1128A of the Social Security Act regarding federal health care programs, the contractor is required to check the Health and Human Services - Office of Inspector General (HHS/OIG) List of Excluded Individuals/Entities on the OIG website (www.hhs.gov/oig) for each person providing services under this contract. Further, the contractor is required to certify in its proposal that all persons listed in the contractor’s proposal have been compared against the OIG Excluded list and are NOT listed. During the performance of this contract the contractor is prohibited from using any individual or business listed on the List of Excluded Individuals/Entities. The VA does not have the burden of defending the merits of the HHS/OIG decision established under §42 U.S.C. 1320a-7.

9. NON-PERSONAL SERVICES: Contractor employees are considered to be providing non-personal government services as defined in FAR 37.01, and as such are not considered employees of the U.S.

Department of Veterans Affairs. Contractor employees shall not perform inherently governmental functions.

The Contractor shall be responsible for protecting the contractor’s staff furnishing services. To carry out this responsibility, the contractor shall provide certificates and certify that the following is provided for all contractor staff providing services under the resultant contract:

• Workers’ compensation

• Professional liability insurance

• Sick leave

• Vacation time

• Health examinations

• Income tax withholding and Social Security payment

10. TORT: The Federal Tort Claims Act does not cover contractors or contractor’s employees. When a contractor or a member of their staff has been identified as a provider in a tort claim, the contractor is responsible for notifying their legal counsel and/or insurance carrier. Any settlement or judgment arising from a contractor’s action or non-action is the responsibility of the contract and/or their insurance carrier.

11. MEDICAL LIABILITY: The Contractor shall furnish their own medical liability insurance and will hold certificate of insurance for general liability and malpractice insurance, workmen’s compensation and vehicle insurance. Prior to award of the contract and at renewal, the Contractor shall furnish to the VA a certificate of insurance evidencing that all required coverage has been obtained. The Contractor shall be responsible for maintaining this certificate/coverage for the duration of the contract. Under no circumstances will the contractor be considered a VA NWIHCS employee nor will contractor be covered by VA liability insurance

12. KEY PERSONNEL

12.1. Contractor will be responsible to ensure that the contractor personnel providing work on this contract are fully trained and fully competent to perform the required services for the duration of the contract period. Contractor’s personnel provided under this contract must meet the qualifications as stated above in section 4.

http://www.hhs.gov/oig

12.2. 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 CO, in writing, within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph below.

12.3. After the initial 90-day period of the contract, the Contractor shall submit the information required below to the CO and COR at least 15 business days prior to making any permanent substitutions.

12.4. List of Key Contractor Personnel. The Contract shall submit a listing of all key personnel who will be providing services in the following format:

Provider Name:_________________________

Certification/Title: ____________________________

A work resume for each key personnel shall be submitted with the proposal and for any new key personnel added to the contract.

12.5. Removing/Replacing/Adding Key Personnel: Contractor personnel performing in accordance with the contract are considered essential to the work being performed under this contract. Before removing, replacing, adding or diverting any of the listed personnel, the contractor shall (1) notify the Contracting Officer and the COR reasonably in advance; (2) submit justification including proposed substitutions in sufficient detail to permit evaluation of the impact on this contract; and (3) provide required documentation establishing proposed personnel qualifications. With consent of all parties, the list of key personnel may be modified by the VA Contracting Officer to add or delete persons authorized to provide services under this contract.

12.6. The Government reserves the right to refuse acceptance of contractor’s key personnel at any time after performance begins, if personal and 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 contract requirements, or other conduct resulting in formal complaints by patients or staff members to designated Government representatives. Standards for conduct shall mirror those prescribed by current Federal Personnel Regulations. The CO and COR shall deal with issues raised concerning contractor’s conduct and/or relations with Government employees or patients. The CO is the arbiter and final authority on validating questions of acceptability of contractor conduct and complaint issues.

13. CONTRACTOR PERSONNEL SECURITY REQUIREMENTS:

13.1. Prior to starting at the NWIHCS, the contract employee must have a completed:

• Security background screening which requires fingerprinting for SAC clearance.

• Completion and submission of course certificate for VA privacy and security courses.

• Completion of eQIP process for a low risk (NACI) background investigation

In accordance with NWIHCS Policy POL-017, Identification Badges, Passes and PIV Card, Contractors/vendors requiring on-site access will be issued ID badges/PIV card during the effective term of their contract. Purchase & Contract staff or the Contracting Officer’s Representative (COR) will advise VA Police and Human Resources on the type of access required. Contractors must provide a list of representatives requiring VA access ID badges/PIV card. The ID badges/PIV card is representative specific and must accompany the person to which it was issued. The badges must be returned at the expiration of the contract period, representative change, or at the request of the VA.

Representatives displaying these badges are not required to sign in with the VA Police on entering the building but must comply with all other terms of the vendor/contractor ID policy and are limited to visits to departments serviced by the contract.

13.2. The Certification and Accreditation (C & A) requirements do not apply, and a Security Accreditation Package is not required.

13.3. A Business Associate Agreement (BAA) is required. See attachment in Section D of the solicitation document.

14. REQUIRED REGISTRATION WITH CONTRACTOR PERFORMANCE ASSESSMENT

REPORTING SYSTEM (CPARS): As prescribed in Federal Acquisition Regulation (FAR) Part 42.15, the Department of Veterans Affairs (VA) evaluates Contractor past performance on all contracts that exceed the Simplified Acquisition Threshold (SAT) and shares those evaluations with other Federal Government contract specialists and procurement officials. The FAR requires that the Contractor be provided an opportunity to comment on past performance evaluations prior to each report closing. To fulfill this requirement VA uses an online database, CPARS, which is maintained by the Naval Seal Logistics Center in Portsmouth, New Hampshire. CPARS has connectivity with the Past Performance Information Retrieval System (PPIRS) database, which is available to all Federal agencies. PPIRS is the system used to collect and retrieve performance assessment reports used in source selection determinations and completed CPARS report cards transferred to PPIRS. CPARS also includes access to the federal awardee performance and integrity information system (FAPIIS). FAPIIS is a web-enabled application accessed via CPARS for Contractor responsibility determination information.

Each contractor whose contract award is estimated to exceed the SAT requires a CPARS evaluation. A government Focal Point will register your contract within thirty days after contract award and, at that time, you will receive an email message with a User ID (to be used when reviewing evaluations).

Additional information regarding the evaluation process can be found at www.cpars.gov or if you have any questions, you may contact the Customer Support Desk @DSN: 684-1690 or COMM: 207-438-1690.

For contracts with a period of one year or less, the Contracting Officer will perform a single evaluation when the contract is complete. For contracts exceeding one year, the Contracting Officer will evaluate the contractor’s performance annually. Interim reports will be filed each year until the last year of the contract, when the final report will be completed. The report shall be assigned in CPARS to the contractor’s designated representative for comment. The contractor’s representative will have sixty (60) days to submit any comments and re-assign the report to the VA Contracting Officer.

Failure for the Contractor’s representative to respond to the evaluation within those sixty (60) days, will result in the Government’s evaluation being placed on file in the database with a statement that the Contractor failed to respond; the Contractor’s representative will be “locked out” of the evaluation and may no longer send comments.

15. OVERSIGHT OF SERVICE / PERFORMANCE MONITORING – CONTRACT

ADMINISTRATION:

15.1. Contracting Officer (CO): After award of contract, all inquiries and correspondence relative to the administration of the contract shall be addressed to the Contracting Officer. The Contracting Officer is the only person authorized to approve changes or modify any of the requirements of this contract. The Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer is authorized to make commitments or issue any modification to include, but not limited to, terms affecting price, quantity or quality of performance of this contract.

Contracting Officer: Matthew Dale Phone: 651-293-3010 Email: Matthew.Dale3@va.govDepartment of Veterans Affairs Network 23 Contracting Office (NCO 23) 316 North Robert St, #506 Minneapolis, MN 55101-1495 Fax: 651-293-3060

15.2. Contracting Officer’s Representative (COR): The COR shall be the VA official who is responsible for verifying contractor’s contract compliance.

Contracting Officer’s Representative: Thomas vonAhlefeld Phone: 402-930-7501 email: thomas.vonAhlefeld@va.gov VA Nebraska-Western Iowa Healthcare System Manager, NWIHCS Imaging Service (114) 4101 Woolworth Avenue Omaha, NE 68105

**If Government contacts change, notification will be sent to the Contractor by e-mail. Contract modification(s) shall not be required.

15.3. COR Performance Monitoring: After contract award, the COR will be the VA official responsible for verifying contractor contract compliance. A record-keeping system of procedures will be maintained and reported monthly to the COR. These procedures used by the COR must be able to demonstrate through time and attendance logs or other appropriate records that services called for in the contract have been received. Any incidents of Contractor noncompliance as evidenced by the monitoring procedures shall be forwarded immediately to the Contracting Officer or Contract Specialist.

The COR will be responsible for monitoring the Contractor’s performance to ensure all specifications and requirements are fulfilled. Quality Improvement data that will be collected for ongoing monitoring includes but is not limited to: quality assurance incident reporting (including root cause and corrective action plan); complaints from staff; complaints related to professionalism; and adherence to National Patient Safety Goals. This data is reported quarterly to the Medical Executive Board and Clinical Performance Committee. The COR will review and certify monthly invoices for payment.

Any evidence of the Contractor’s or Contractor’s staff non-compliance as evidenced by the monitoring procedures shall be forwarded immediately to the Contracting Officer. If in the event the Contractor fails to provide the services as specified in this contract, payments may be adjusted to compensate the Government.

16. BILLING: Contractor shall establish a recordkeeping system of contractor services provided. At the end of each month the contractor will submit an invoice for payment.

16.1. Invoice Requirements and Supporting Documentation: Supporting documentation and invoices must be submitted no later than the 20th calendar day of the month after services have been provided.

Changes or corrections shall be submitted by separate invoice. In addition to information required for mailto:thomas.vonAhlefeld@va.gov submission of a “proper” invoice in accordance with FAR 52.212-4(g) all invoices must include:

• Name and address of Contractor

• Invoice Date and Invoice Number

• Contract Number, Task Order Number and Purchase Order (PO) Number

• Date of Service

• Technician(s) Name

• Description of Services provided

• Contract fee/price for each provided Service (CLIN number)

• Total Price

16.2. Vendor Electronic Invoice Submission Methods: Facsimile, e-mail, and scanned documents are NOT acceptable forms of submission for payment requests. Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods as outlined on the VA Financial Services Center (VAFSC) website:

http://www.fsc.va.gov/einvoice.asp. Contact the VAFSC if you need assistance.

As part of compliance with the Prompt Payment Act of 1982, and the Improper Payment Elimination and Recovery Act of 2010, the VA uses a third-party electronic invoicing provider named Tungsten (previously OB10). Refer to the Tungsten Network https://www.tungsten-network.com/customer-campaigns/veterans-affairs/ for information on how to register and points of contact for questions and assistance. Tungsten direct vendor support number is 877-489-6135 for VA contracts. The VA-FSC pays all associated transaction fees for VA orders. During Implementation (technical set-up) Tungsten will confirm your Tax Payer ID Number with the VA-FSC. This process can take up to 5 business days to complete to ensure your invoice is automatically routed to your Certifying Official for approval and payment. To successfully submit an invoice to VA-FSC please review “How to Create an Invoice” within the how to guides. All invoices submitted through Tungsten to the VA-FSC should mirror your current submission of Invoice, with the following items required. Clarification of additional requirements should be confirmed with your Certifying Official (your CO or buyer). The VA-FSC requires specific information in compliance with the Prompt Pay Act and Business Requirements. For additional information, please contact:

Tungsten Support Phone: 1-877-489-6135 Department of Veterans Affairs Financial Service Center Phone: 1-877-353-9791 Email: vafscched@va.gov

16.3. Payment 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 shall their insurance companies including Medicare be charged for services rendered by the contractor under this contract, even if VA does not pay for those services. 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 the VA for services provided pursuant to this contract. It shall be considered fraudulent for the Contractor to bill other third parties for services rendered under this contract. This provision shall survive the termination or ending of the contract.

http://www.fsc.va.gov/einvoice.asp https://www.tungsten-network.com/customer-campaigns/veterans-affairs/ https://www.tungsten-network.com/customer-campaigns/veterans-affairs/ mailto:vafscched@va.gov

B.3.1 PWS Addendum: VHA Supplemental Contract Requirements for Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors (Oct 2021)

1. Contractor employees who work in or travel to VHA locations must comply with the following:

a. Documentation requirements:

1) If fully vaccinated, shall show proof of vaccination

i. NOTE: Acceptable proof of vaccination includes a signed record of immunization from a health care provider or pharmacy, a copy of the COVID-19 Vaccination Record Card (CDC Form MLS-319813_r, published on September 3, 2020), or a copy of medical records documenting the vaccination

2) If unvaccinated and granted a medical or religious exception, shall show negative COVID-19 test results dated within three calendar days prior to desired entry date. Test must be approved by the Food and Drug Administration (FDA) for emergency use or full approval. This includes tests available by a doctor’s order or an FDA approved over-the-counter test.

3) Documentation cited in this section shall be digitally or physically maintained on each contractor employee while in a VA facility and is subject to inspection prior to entry to VA facilities and after entry for spot inspections by Contracting Officer Representatives (CORs) or other hospital personnel.

4) Documentation will not be collected by the VA; contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

2. Contractor employees are subject to daily screening for COVID-19 and may be denied entry to VA facilities if they fail to pass screening protocols. As part of the screening process contractors may be asked screening questions found on the following website: COVID-19 Screening Tool. Regularly check the website for updates.

a. Contractor employees who work away from VA locations, but who will have direct patient contact with VA patients shall self-screen utilizing the COVID-19 Screening Tool, in advance each day that they will have direct patient contact and in accordance with their person or persons who coordinate COVID-19 workplace safety efforts at covered contractor workplaces. Contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

3. Contractor must immediately notify their COR or Contracting Officer if contract performance is jeopardized due to contractor employees being denied entry into VA Facilities.”

(End of Performance Work Statement Addendum) (End of Performance Work Statement)

B.4 VA Information and Information System Security / Privacy Language VA Handbook 6500.6 Appendix C, March 12, 2010 (Note: Sections 4, 5, 7, and 8 are not applicable to this Contract and therefore are omitted)

1. GENERAL

Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.

2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

a. A contractor / subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order.

b. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.

c. Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness.

d. Custom software development and outsourced operations must be located in the U.S. to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the contractor/subcontractor must state where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor.

e. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the…