36C26323Q0065 SF1449 SOLICITATION DOCUMENT.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

438-23-1-762-0004

36C26323Q0065 11-25-2022

John Becker 605-585-3908 12-06-2022

11:00 AM CST

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

2501 W. 22nd St.

Sioux Falls SD 57105 John Becker john.becker3@va.gov

X 100

X

561320

$30 Million

N/A

X

Sioux Falls SD VA Hospital 2501 W. 22nd St.

Sioux Falls SD 57105

NETWORK 23 CONTRACTING OFFICE

2501 W. 22nd St.

Sioux Falls SD 57105

Financial Services Center

FMS-VA-2(101)

PO Box 149971 Austin TX 78714-9971

See CONTINUATION Page

Board Eligible/Board Certified On-Site Pulmonary Physician (1.0 FTE) to support the Sioux Falls SD VA Hospital located at 2501 W 22nd Street, Sioux Falls SD 57106. See Price/Cost Schedule and Performance Work Statement for additional information.

Period of Performance: 1/1/2023 to 12/31/2023 Contract exempted from Fair Labor Standards Act for professional services (physician).

This is a SDVOSB set aside. Offerors shall be registered and verified as eligible in the VIP database and the System for Award Management at the time of submission of quote and prior to contract award.

Evaluation of Quotes: Lowest Priced Technically Acceptable evaluation process.

See FAR 52.212-1 Addendum Instructions to Offerors and FAR 52.212-2 Evaluation Commercial Products and Services for specific documentation to be submitted with offer

See CONTINUATION Page

438-3630160-762-820100-2586-0100201V1 438-23-1-762-0004

X X

X one(1)

John Becker

VA-VHA-2020-BEE57D1B

36C26323Q0065

Table of Contents

SECTION A

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

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 SPECIAL CONTRACT REQUIREMENTS

B.3 NON-PERSONAL SERVICES CONTRACT

B.4 PRICE/COST SCHEDULE

B.5 PERFORMANCE WORK STATEMENT

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (NOV 2021)

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

C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.4 52.223-99 ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR

FEDERAL CONTRACTORS (OCT 2021) (DEVIATION)

C.5 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

C.6 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.7 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.8 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

C.9 VAAR 852.219-77 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (SEP 2021)

(DEVIATION)

C.10 VAAR 852.237-75 KEY PERSONNEL (OCT 2019)

C.11 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ..49

C.12 52.207-3 RIGHT OF FIRST REFUSAL OF EMPLOYMENT (MAY 2006)

C.13 IT CONTRACT SECURITY

C.14 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2022) (JUL 2020) (DEVIATION)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

ATTACHMENT 1 ORGANIZATIONAL CONFLICTS OF INTEREST

ATTACHMENT 2 CONTRACTOR CERTIFICATION IMMIGRATION AND NATIONALITY

ACT OF 1952

ATTACHMENT 3 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING-

CERTIFICATE OF COMPLIANCE

ATTACHMENT 4 RULES OF BEHAVIOR

ATTACHMENT 5 QASP PULMONARY PHYSICIAN SERVICE SIOUX FALLS SD VA .65

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2021)

E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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

E.5 52.216-1 TYPE OF CONTRACT (APR 1984)

E.6 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.7 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.8 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

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

a. CONTRACTOR:

Business Name:

Unique SAM Entity:

Contact Person:

Email:

Phone:

b. GOVERNMENT: Contracting Officer

Name: John Becker

Email: John.becker3@va.gov

Phone: 605-585-3908

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

[X] 52.232-33, Payment by Electronic Funds Transfer—System for Award Management

3. INVOICES: Invoices shall be submitted in arrears:

• Monthly or Upon Completion of Work or a period agreed between the Contractor and Government.

• Contractor shall submit final invoice on any services performed no later than 30 days after end of the period of performance of the purchase order or contract. This ensures timely closeout of purchase orders and/or contracts.

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

Tungsten Electronic Invoicing VA Tungsten Number: AAA544240062 va.registration@tungsten-network.com Refer to VAAR Clause 852.232-72

5. INVOICING: All invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests. VA’s Electronic Invoice Presentment and Payment System. The FSC uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission. Please go to this website:

mailto:John.becker3@va.gov http://www.tungsten-network.com/US/en/veterans-affairs/ to begin submitting electronic invoices, free of charge.

• Tungsten Network web link. Website: http://www.tungsten-network.com/customer-campaigns/veterans-affairs/

• Tungsten’s Email Assistance: VA.Registration@tungsten-network.com

• Tungsten’s Contact Phone: 1-877-489-6135 for support or 1-877-752-0900 for Client

Services.

• VA Financial Services Center is available at http://www.fsc.va.gov/einvoice.asp.

• VA FSC email: vafsccshd@va.gov

• VA FSC Contact Phone: 877-353-9791

6. VA ISSUED BADGE: Contract employees may be required to obtain a VA Identification Badge. Determination of badging will be made by the VA Health Care System Technical Representative.

• Background investigations and special agreement checks: All contractor personnel are subject to the same level of investigation as VA employees who have access to VA Sensitive Information. The level of background investigation commensurate with the level of access needed to perform the statement of work is: National Agency Check (NAC). Contract employees may be required to submit fingerprints and undergo a background check.

• Employee training requirements are applicable to the level of access granted to the contractor. All contractor personnel are subject to the same level of training as VA employees who have access to VA Sensitive Information.

• This requirement is applicable to all subcontractor personnel requiring the same access.

• Contract employees will be required to obtain a favorable National Criminal History

Check (NCHC) before a Notice to Proceed is provided by the Contracting Officer for contract employee to provide services under the contract.

7. VA REQUIRED TRAINING: Contract employees may be required to complete VA training prior to and annually to retain information systems access. Determination of training courses will be made by the VA Health Care System Technical Representative. Contract employees shall remain current on all training requirements throughout the life of the contract. Contract employee(s) who are delinquent in training will lose access to IT systems which may impact contract performance.

• PRIVACY AND HIPAA FOCUSED TRAINING (VA TMS ID: 10203)

• VA PRIVACY AND INFORMATION SECURITY AWARENESS AND RULES OF

BEHAVIOR (VA TMS ID: 10176)

8. VHA Supplemental Contract Requirements for Combatting COVID-19.

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

(1) Documentation requirements:

(a) 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.

http://www.tungsten-network.com/US/en/veterans-affairs/ http://www.tungsten-network.com/customer-campaigns/veterans-affairs/ http://www.tungsten-network.com/customer-campaigns/veterans-affairs/ mailto:VA.Registration@tungsten-network.com http://www.fsc.va.gov/einvoice.asp mailto:vafsccshd@va.gov

(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.

b. 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.

(1) 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.

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

d. For indefinite delivery contracts: Contractor agrees to comply with VHA Supplemental Contract Requirements for any task or delivery orders issued prior to this modification when performance has already commenced.

9. CONTRACTOR ATTIRE AND IDENTIFICATION. The Contractor shall wear industry clothing that enables easy recognition as a “Contract Employee.” Clothing shall present a neat, distinctive appearance; shall be clean and maintained in good repair; and shall be worn as designed by the manufacturer. The Contractor shall wear appropriate clothing with logo identifying the contractor’s and employee’s name. The Contractor’s attire and presentation shall be appropriate per industry standard.

10. EMERGENCY PROCEDURES. The Contractor shall take such safety precautions as necessary to protect the lives and health of occupants of the buildings. The Contractor shall comply with applicable Federal, State, Local and facility safety and fire regulations and codes which are in effect at the beginning of the contract period. The Contractor shall keep abreast of and comply with changes in these regulations and codes applicable to the contract. The Contractor shall follow applicable facility policies concerning fire and/or disaster events. The Contractor shall display approved warning devices in all areas where operations may cause traffic obstruction or personnel hazard.

11. SERVICE CONTRACT LABOR STANDARDS REQUIREMENT, if applicable. Contractor shall provide hourly wages in accordance with U.S. Department of Labor (USDOL) Wage Determinations and FAR Subpart 22.10 (Service Contract Labor Standards); USDOL Wage Determinations are attached in Section D below. For guidance on Service Contract Labor Standards and to find the nearest USDOL resource, please refer to https://www.dol.gov/whd/local/index.htm.

12. VETS-4212 REPORTING REQUIREMENTS (for contracts awarded over $150,000.00).

Contractor shall complete VETS-4212 reporting in accordance with FAR requirements.

Reference. Please refer to https://www.dol.gov/agencies/vets/programs/vets4212 for guidance on completing the required VETS-4212 report.

• FAR 52.222-35, Equal Opportunity for Veterans https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.va.gov%2Fcovid19screen%2F&data=04%7C01%7C%7C180e5dd7385a45f5f9d008d98dcf9308%7Ce95f1b23abaf45ee821db7ab251ab3bf%7C0%7C0%7C637696745032835994%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=RjM8G3wtcdUl2EgrU7ne4TYJ3m1ypptmAQYiJNIyqdE%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.va.gov%2Fcovid19screen%2F&data=04%7C01%7C%7C180e5dd7385a45f5f9d008d98dcf9308%7Ce95f1b23abaf45ee821db7ab251ab3bf%7C0%7C0%7C637696745032835994%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=RjM8G3wtcdUl2EgrU7ne4TYJ3m1ypptmAQYiJNIyqdE%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.va.gov%2Fcovid19screen%2F&data=04%7C01%7C%7C180e5dd7385a45f5f9d008d98dcf9308%7Ce95f1b23abaf45ee821db7ab251ab3bf%7C0%7C0%7C637696745032835994%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=RjM8G3wtcdUl2EgrU7ne4TYJ3m1ypptmAQYiJNIyqdE%3D&reserved=0 https://www.dol.gov/whd/local/index.htm https://www.dol.gov/agencies/vets/programs/vets4212

• FAR 52.222-37, Employment Reports on Veterans

13. SERVICE CONTRACT REPORTING (for contracts awarded over $500,000.00), if applicable. Service Contract reporting, to be completed by the contractor, is required for service contracts and orders as following are checked off under Section C, FAR 52.212-5 (Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items). The contractor shall report the information via the System for Award Management (SAM) at https://beta.sam.gov. The information is collected through SAM and included in the agency service contract inventory. Contractors shall log in annually to their SAM profile to complete the service contract inventory reporting requirements. Contractors performing on covered contracts must report their information between October 1 and October 31 each year. Agencies are required to review contractor input and work with them to make revisions, if and as necessary, by November 30 each year.

• FAR 52.204-14, Service Contract Reporting Requirement

• FAR 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery

Contracts (as applicable) Contractors shall log in annually to their SAM profile to complete the service contract inventory reporting requirements. Contractors performing on covered contracts must report their information between October 1 and October 31 each year. Agencies are required to review contractor input and work with them to make revisions, if and as necessary, by November 30 each year.

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

AMENDMENT NO DATE

https://beta.sam.gov/

B.2 SPECIAL CONTRACT REQUIREMENTS

Under the authority of Public Law 104-262 and 38 USC 8153, the contractor agrees to provide Health Care Resources in accordance with the terms and conditions stated herein, to furnish to and at the Department of Veterans Affairs Medical Center, Sioux Falls SD VA Hospital, the services and prices specified in the Section entitled Schedule of Supplies/Services of this contract.

1. SERVICES:

a. The services specified in the Sections entitled Schedule of Supplies/Services and Special Contract Requirements may be changed by written modification to this contract.

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

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

2. TERM OF CONTRACT:

This contract is effective one year from date of award.

3. QUALIFICATIONS:

Personnel assigned by the Contractor to perform the services covered by this contract shall be licensed in a State, Territory, or Commonwealth of the United States or the District of Columbia.

All licenses held by the personnel working on this contract shall be full and unrestricted licenses.

The qualifications of such personnel shall also be subject to review by the VA Chief of Staff and approval by the VA Facility Director. Each person assigned to work under this contract shall be licensed by the State of South Dakota. See the Contract’s Performance Work Statement (PWS) for additional information.

4. WORK HOURS:

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

b. The following terms have the following meanings:

(1) Work hours: See Performance Work Statement (PWS)

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

New Years Day Martin Luther King’s Birthday Presidents Day Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Christmas AND any other day specifically declared by the President of the United States to be a national holiday.

5. PERSONNEL POLICY:

The contractor shall be responsible for protecting the personnel furnishing services under this contract. To carry out this responsibility, the contractor shall provide the following for these personnel:

- general liability

- workers compensation

- professional liability insurance

- health examinations

- income tax withholding, and

- social security payments.

The parties agree that the contractor, its employees, agents and subcontractors shall not be considered VA employees for any purpose.

6. RECORD KEEPING:

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

7. CONTRACT PERFORMANCE MONITORING:

Monitoring of contractors time shall be demonstrated through sign-in/ sign-out sheets. The contractor shall be required to sign an attendance log upon reporting to work and departing from work. The Sioux Falls SD VA Hospital Administrative Officer, shall be the VA official responsible for verifying contract compliance. After contract award, any incidents of contractor noncompliance as evidenced by the monitoring procedures shall be forwarded immediately to the Contracting Officer.

8. KEY PERSONNEL AND TEMPORARY EMERGENCY SUBSTITUTIONS:

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

a. During the first ninety (90) days of performance, the Contractor shall make NO substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer, in writing, within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period of the contract, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

b. The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes shall have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on the proposed substitutes. The contract will be modified to reflect any approved changes of key personnel.

c. For temporary substitutions where the key person will not be reporting to work for three (3) consecutive work days or more, the Contractor will provide a qualified replacement for the key person. This substitute shall have comparable qualifications to the key person. Any period exceeding two weeks will require the procedure as stated above.

B.3 NON-PERSONAL SERVICES CONTRACT

1. This is a Service Contract. Service contract means a contract that directly engages the time and effort of a contractor whose primary purpose is to perform an identifiable task rather than to furnish an end item of supply. A service contract may be either a nonpersonal or personal contract. It can also cover services performed by either professional or nonprofessional personnel whether on an individual or organizational basis.

2. This is a Non-Personal Services Contract. Nonpersonal 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. The parties agree that the Contractor and all Contractor’s employee(s) shall not be considered VA employees for any purpose.

3. Indemnification: The Contractor shall be liable for, and shall indemnify and hold harmless the Government against, all actions or claims for loss of or damage to property or the injury or death of persons, arising out of or resulting from the fault, negligence, or act or omission of the Contractor, its agents, or employees.

4. Inherent Government Functions: Contractor and Contractor’s employee(s) shall not perform inherently governmental functions. This includes, but is not limited to, determination of agency policy, determination of Federal program priorities for budget requests, direction and control of government employees, approval of position descriptions and performance standards for Federal employees, approving any contractual documents, approval of Federal licensing actions and inspections, and/or determination of budget policy, guidance, and strategy.

5. No Employee status: The Contractor shall be responsible for protecting Contractor’s employee(s) furnishing services. To carry out this responsibility, the Contractor shall provide or certify that the following is provided for all their staff providing services under the resultant contract:

• Workers’ compensation

• Professional liability insurance

• Health examinations

• Income tax withholding, and

• Social security payments.

B.4 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2,080.00 HR _____________ _____________

Board Certified/Board Eligible On-Site Pulmonary Physician Service (1.0 FTE)

The government has established a specified quantity/amount and is only obligated to make payment for services that are rendered and/or received. No payment will be provided for any services not received.

Contract Period: Base POP Begin: 01-01-2023 POP End: 12-31-2023 PRINCIPAL NAICS CODE: 561320 - Temporary Help Services PRODUCT/SERVICE CODE: Q521 - Medical - Pulmonary

6,760.00 HR _____________ _____________

On-call Services (After hours, telephonic consultation) Available within 15 minutes by phone; includes phone call only consultations.

The government has established a specified quantity/amount and is only obligated to make payment for services that are rendered and/or received. No payment will be provided for any services not received.

Contract Period: Base POP Begin: 01-01-2023 POP End: 12-31-2023

40.00 HR _____________ _____________

On-Site Call Back Service Available on site within 60-minutes (Minimum one (1) hour charge and 15-minute increments thereafter, time starts when arrival on site)

The government has established a specified quantity/amount and is only obligated to make payment for services that are rendered and/or received. No payment will be provided for any services

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

not received.

Contract Period: Base POP Begin: 01-01-2023 POP End: 12-31-2023

GRAND TOTAL

B.5 PERFORMANCE WORK STATEMENT

Board Eligible/Board Certified Pulmonary and Sleep Medicine Physician Service (On Site)

1. GENERAL:

1.1. Services Provided: The Contractor shall provide 1.0 Full Time Equivalent (FTE) Board Certified Pulmonary and Sleep Medicine Certified Physician Services on site in accordance with the specifications contained herein to beneficiaries of the Department of Veterans Affairs (VA) and the Sioux Falls VA Health Care System (SFVAHCS).

1.2. Place of Performance - SFVAHCS, 2501 W 22nd Street, Sioux Falls, SD 57105

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

FAR 12 in combination with FAR 13.

1.4. Policy/Handbooks:

1.4.1. VHA Handbook 1100.17: National Practitioner Data Bank Reports:

https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=2135

1.4.2. VHA Handbook 1100.18: Reporting and Responding to State Licensing

Boards:

https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=9174

1.4.3. VHA Handbook 1100.19: Credentialing and Privileging:

https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=2910

1.4.4. VHA Directive 1100.20 Credentialing of Health Care Providers:

https://vaww.va.gov/vhapublications/ViewPublication.asp?pub_ID=9444

1.4.5. VHA Directive 1088 Communicating Test Results to Providers and Patients:

www.va.gov/vhapublications/viewpublication.asp?pub_id=3148

1.4.6. VHA Directive 1192.01: Seasonal Influenza Prevention Program:

https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=5472

1.4.7. VHA Directive 1220: Facility Procedure Complexity Designation Requirements to Perform Invasive Procedures In Any Clinical Setting:

https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=8365

1.4.8. VA Directive 1663: Health Care Resources Contracting - Buying:

https://www.va.gov/vapubs/viewPublication.asp?Pub_ID=969&FType=2

1.4.9. VHA Directive 1907.01: VHA Health Information Management and Health Records:

https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=9235

1.4.10. VHA Directive 2006-041 “Veteran’s Health Care Service Standards” (expired but still in effect pending revision) D.5. VHA Directive 2006-041 - Veterans' Health Care Service Standards.pdf - GovTribe

1.4.11. VHA Directive 1230(5) Outpatient Scheduling Processes and Procedures VHA Publications (va.gov)

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

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

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

1.5.1. ABIM: American Board of Internal Medicine www.abim.org

1.5.2. ACGME: Accreditation Council for Graduate Medical Education

1.5.3. ACLS: Advanced Cardiac Life Support

1.5.4. AOD: Admitting Officer of the Day

https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=2135 https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=9174 https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=2910 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fvaww.va.gov%2Fvhapublications%2FViewPublication.asp%3Fpub_ID%3D9444&data=04%7C01%7C%7C5a2fc81d5c9e4c31696308d9ca3b3c47%7Ce95f1b23abaf45ee821db7ab251ab3bf%7C0%7C0%7C637763178024295633%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=g4iIWP0fMWV1ITn9%2F0vT4lpul7nFJAe%2FDMHlz4MTfT8%3D&reserved=0 http://www.va.gov/%E2%80%8Bvhapublications/%E2%80%8Bviewpublication.asp?pub_id=3148 https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=5472 https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=8365 https://www.va.gov/vapubs/viewPublication.asp?Pub_ID=969&FType=2 https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=9235 https://govtribe.com/file/government-file/d-dot-5-dot-vha-directive-2006-041-veterans-health-care-service-standards-dot-pdf https://govtribe.com/file/government-file/d-dot-5-dot-vha-directive-2006-041-veterans-health-care-service-standards-dot-pdf https://www.va.gov/vhapublications/publications.cfm?pub=1 https://www.va.gov/vhapublications/publications.cfm?pub=1 http://www.justice.gov/oip/foia_updates/Vol_XVII_4/page2.htm http://www.abim.org/

1.5.5. BLS: Basic Life Support

1.5.6. CCNE: Commission on Collegiate Nursing Education:

1.5.7. CDC: Centers for Disease Control and Prevention

1.5.8. CDR: Contract Discrepancy Report

1.5.9. CEU, Certified Education Unit 1.5.10.CME: Continuing Medical Education

1.5.10. CMS: Centers for Medicare and Medicaid Services

1.5.11. Contracting Officer (CO) -The person executing this contract on behalf of the

Government with the authority to enter into and administer contracts and make related determinations and findings.

1.5.12. Contracting Officer's Representative (COR) - A person appointed by the CO to take necessary action to ensure the Contractor performs in accordance with and adheres to the specifications contained in the contract and to protect the interest of the Government. The COR shall report to the CO promptly any indication of non-compliance in order that appropriate action can be taken.

1.5.13. COS: Chief of Staff

1.5.14. COVID-19: Coronavirus Disease 2019

1.5.15. CPARS: Contractor Performance Assessment Reporting System

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

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

1.5.18. DEA: Drug Enforcement Agency

1.5.19. ED: Emergency Department

1.5.20. HER: Electronic Health Record – electronic health record system used by the

VA

1.5.21. FSMB: Federation of State Medical Boards

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

1.5.23. HHS: Department of Health and Human Services 1.5.23.HIPAA: Health Insurance Portability and Accountability Act

1.5.24. HR: Human Resources

1.5.25. ISO: Information Security Officer

1.5.26. Medical Emergency - a sudden onset of a medical condition manifesting itself by acute symptoms of sufficient severity that the absence of immediate medical attention could reasonably result in: Permanently placing a patient's health in jeopardy, causing other serious medical consequences, causing impairments to body functions, or causing serious or permanent dysfunction of any body-organ or part.

1.5.27. MOD: Medical Officer of the Day

1.5.28. National Provider Identifier (NPI): NPI is a standard, unique 10-digit numeric identifier required by HIPAA. The Veterans Health Administration must use NPis in all HIPAA- standard electronic transactions for individual (health care practitioners) and organizational entities (medical centers).

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

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

1.5.31. NP: Nurse Practitioner

1.5.32. NPPES: National Plan and Provider Enumeration System

1.5.33. PA: Physician Assistant

1.5.34. PALS: Pediatric Advanced Life Support

1.5.35. POP: Period of Performance

http://www.nlnac.org/

1.5.36. PPD: Purified Protein Derivative

1.5.37. PWS: Performance Work Statement

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

1.5.39. QA/QI: Quality Assurance/Quality Improvement

1.5.40. QM/PI: Quality Management/Performance Improvement

1.5.41. OASP: Quality Assurance Surveillance Plan

1.5.42. SFVAHCS: Sioux Falls VA Health Care System

1.5.43. Veterans Health Administration (VHA): The central office for administration of the VA medical centers through throughout the United States. The VHA is located in Washington, D.C.

1.5.44. Veterans Integrated Services Network (VISN): The regional oversight for the VA medical centers in Michigan and Indiana.

1.5.45. VISTA (Veterans Integrated Systems Technology Architecture): A PC based system that will capture and store clinical imagery, scanned documents and other non-textual data files and integrates them into patient's medical record and with the hospital information system.

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

1.5.47. Veterans Affairs Medical Center (VAMC): Unless identified with the name of a different VA medical Center, for purposes of this contract, this term shall mean the Sioux Falls SD Medical Center or SFVAHCS.

2. QUALIFICATIONS:

2.1. Staff/Facility

2.1.1. License: The Contractor’s physician(s) assigned by the Contractor to perform the services covered by this contract shall have a current license to practice medicine in any State, Territory, or Commonwealth of the United States or the District of Columbia) when services are performed onsite on VA property. All licenses held by the personnel working on this contract shall be full and unrestricted licenses. Contractor’s physician(s) who have current, full and unrestricted licenses in one or more states, but who have, or ever had, a license restricted, suspended, revoked, voluntarily revoked, voluntarily surrendered pending action or denied upon application will not be considered for the purposes of this contract.

2.1.2. All contractor’s physician(s) shall Board Certified/Board Eligible by the American Board of Internal Medicine in Pulmonary Disease (http://www.abim.org/exam/certification/pulmonary-disease.aspx), and be currently certified in Basic Life Support (BLS) and Advanced Cardiac Life Support (ACLS) or equivalency. All continuing education courses required for maintaining certification must always be kept up to date. Documentation verifying current certification shall be provided by the Contractor to the VA COR on an annual basis for each year of contract performance.

2.1.3. Credentialing and privileging is to be done in accordance with the provisions of VHA Handbook 1100.19 and VHA Directive 1100.20 referenced above. The Contractor is responsible to ensure that proposed physician(s) possesses the requisite credentials enabling the granting of privileges. No services shall be provided by any contractor’s physician(s) prior to obtaining approval by the http://www.abim.org/exam/certification/pulmonary-disease.aspx

SFVAHCS Professional Standards Board, Medical Executive Board and Medical Center Director

2.1.3.1. If a contract physician(s) is not credentialed and privileged or has credentials/privileges suspended or revoked, the Contractor shall furnish an acceptable substitute without any additional cost to the government.

2.1.4. Technical Proficiency - Contractor’s physician(s) shall be technically proficient in the skills necessary to fulfill the government’s requirements, including the ability to speak, understand, read and write English fluently. Contractor shall provide documents upon request of the CO/COR to verify current and ongoing competency, skills, certification and/or licensure related to the provision of care, treatment and/or services performed. Contractor shall provide verifiable evidence of all educational and training experiences including any gaps in educational history for all contractor’s physician(s) and contractor’s physician(s) shall be responsible for abiding by the Facility's Medical Staff By-Laws, rules, and regulations (referenced herein) that govern medical staff behavior.

2.1.5. Continuing Medical Education (CME)/ Certified Education Unit (CEU) Requirement: Contractor shall provide the COR copies of current CMEs as required or requested by the SFVAHCS. Contract physician (s) registered or certified by national/medical associations shall continue to meet the minimum standards for CME to remain current. Contractor shall report CME hours to the credentialing office for tracking. These documents are required for both privileging and re-privileging. Failure to provide shall result in loss of privileges for contract physician(s).

2.1.6. Training (ACLS, BLS, CPRS and VA MANDATORY): Contractor shall meet all VA educational requirements and mandatory course requirements defined herein; all training must be completed by the contractor’s physician(s) as required by the VA. Other training may become required. VA will communicate any changes to the training requirement to the contractor. Training requirements are described below:

(http://wwwl.va.gov/vhapublications/ViewPublication.asp?pub_ID=1460), its updates or replacement directives, IG Guidance at 8994, Section II(C);

Guidance at 4875, Section III(B) (4) Sentencing Guidelines, Section 8B2.1

(b) (4) (B) annual compliance training is to be provided to all contractors within the scope of their work. The medical center CORs are to coordinate the annual training with their respective Compliance and Business Integrity Officers. VA Mandatory training is usually completed via computer. A copy of the documentation of the completed annual training is to be provided to the COR. It is a policy of this Medical Center that all contract personnel to be employed under this contract must be Advanced Life Support (ACLS) and Basic Life Support (BLS) certified. ACLS and BLS must be provided by VHA accredited organization. As part of the credentialing process, the contractor ACLS and BLS certification must be sent to the Medical Staff Office. Failure to provide proof of certification to the Medical Staff Office may impact the contract personnel qualification under this requirement.

No services will be provided by any contract personnel prior to obtaining approval by the SFVAHCS Professional Standards Board, Clinical Executive Board and Director. For all providers that will be utilizing moderate sedation, evidence of current ACLS (or equivalent) training is required. For providers that will not be utilizing moderate sedation, evidence of current BLS training (or equivalent to include CPR/AED training or VA Heart Saver Class) will be required. In addition, the above training there are other VA specific training courses which must be completed.

http://wwwl.va.gov/vhapublications/ViewPublication.asp?pub_ID=1460)

These may be clinical or administrative in nature. The COR will notify contractor of all required VA training. All training must be current to work.

Note: Training classes are offered at the VA at no cost to the contractor.

For registration instructions contact Employee Education, in collaboration with the COR, at the Sioux Falls VA. A certificate of training must be provided to the clinical service's Administrative Officer with a copy forwarded to the COR.

Training (The following training is mandatory per VHACO for Contracted Physicians)

Frequency (once a year, etc)

Annual Hours

Basic Life Support (BLS) Every Quarter 30 minutes Advanced Cardiac Life Support

(ACLS)

Every Quarter 30 minutes

Information Security and Rules of Behavior VA 10176

Annually 1 hour

Privacy and HIPAA Focused Training VA 10203

Annually 0.5 hours

CPRS Once at start of contract

1 hour

Radiation Safety Once at start of contract or provider must provide proof of completion

Fluoroscoov Training Once at start of contract

1 hour

Military Sexual Trauma Once at start of contract

0.5 hours

2.1.7. Standard Personnel Testing (PPD, etc.): Contractor shall provide proof of the following tests for physicians within five (5) calendar days after contract award and prior to the first duty shift to the COR and Contracting Officer. Tests shall be current within the past year.

2.1.7.1. TUBERCULOSIS TESTING: Contractor shall provide proof of a negative Tuberculosis Skin Test (TST) or interferon-gamma release assays (IGRA) for all Contractor’s physician(s) upon hire in accordance with CDC guidance. (This is applicable to all health care workers). A negative chest radiographic report for active tuberculosis shall be provided in cases of positive TST or IGRA results.

2.1.7.2. MEASLES, MUMPS, & RUBELLA TESTING: Contractors shall provide proof of immunity for all Contractor physicians (This is applicable to all health care workers).

2.1.7.3. VARICELLA: Contractors shall provide proof of immunity for all Contractor physicians {This is applicable to all health care workers}.

2.1.7.4. ACELLULAR PERTUSSIS: Contractors shall provide proof of 1 dose of Tdap vaccination for all Contractor physicians (This is applicable to all health care workers).

2.1.7.5. INFLUENZA: Contractors shall provide proof that all Contractor physicians have received the annual Influenza vaccine unless it is contraindicated. If the Contractor physician has a medical contraindication to the vaccine, they shall be required to wear a mask during the Influenza season. (This is applicable to all health care workers).

2.1.7.6. COVID-19: Contractors shall comply with VHA Supplemental Contract Requirements for Combatting COVID-19 (This is applicable to all health care workers). – See Section D attachment.

2.1.7.7. OSHA REGULATION CONCERNING OCCUPATIONAL EXPOSURE

TO BLOODBORNE PATHOGENS: Contractor shall provide evidence of completing and passing generic self-study blood-borne pathogen training for all Contractor’s physician(s) (This is applicable to all health care workers); provide their own Hepatitis B vaccination series and hepatitis B surface antigen test results following the hepatitis B vaccination series; maintain an exposure determination and control plan; maintain required records; and ensure that proper follow-up evaluation is provided following an exposure incident.

2.1.7.8. The VAMC shall notify the Contractor of any significant communicable disease exposures as appropriate. Contractor shall adhere to current CDC/HICPAC Guideline for Infection Control in health care personnel (as published in American Journal for Infection Control- AJIC 1998;

26:289-354 http://www.cdc.gov/hicpac/pdf/InfectControl98.pdf) for disease control. Contractor shall provide follow up documentation of clearance to return to the workplace prior to their return.

2.1.8. National Provider Identifier (NPI): NPI is a standard, unique 10-digit numeric identifier required by HIPAA. The Veterans Health Administration must use NPIs in all HIPAA-standard electronic transactions for individual (health care practitioners) and organizational entities (medical centers). The Contractor shall have or obtain appropriate NPI and if pertinent the Taxonomy Code confirmation notice issued by the Centers for Medicare and Medicaid Services (CMS) National Plan and Provider Enumeration System (NPPES) be provided to the Contracting Officer with the proposal.

2.1.9. DEA - Contractor shall provide copy of current DEA certificate in South Dakota where services will be provided under this contract.

2.1.10. Conflict of Interest: The Contractor and all contractor’s physician(s) are responsible for identifying and communicating to the CO and COR conflicts of interest at the time of proposal and during the entirety of contract performance.

At the time of proposal, the Contractor shall provide a statement which describes, in a concise manner, all relevant facts concerning any past, present, or currently planned interest (financial, contractual, organizational, or otherwise) or actual or potential organizational conflicts of interest relating to the services to be provided. The Contractor shall also provide statements containing the same information for any identified consultants or subcontractors who shall provide services. The Contractor must also provide relevant facts that show how it’s organizational and/or management system or other actions would avoid or mitigate any actual or potential organizational conflicts of interest. These statements shall be in response to the VAAR provision 852.209-70 Organizational Conflicts of Interest and fully outlined in response to the subject attachment in Section D of the solicitation document.

2.1.11. Citizenship related Requirements:

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

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

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

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

2.1.11.4. This certification concerns a matter within the jurisdiction of an agency of the United…