36C26325Q0937.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

437-25-4-032-0013

36C26325Q0937

Becky De Los Santos 402-995-3081 07-31-2025

10:00 AM CDT

36C263 Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

1303 5th St Suite 300 Coralville IA 52241

X 100

X

541380

$19 Million

N/A

X

36C437

Department of Veterans Affairs Fargo VA Healthcare System 2101 N. Elm Street

Fargo ND 58102

36C263

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

1303 5th St, Suite 300 Coralville IA 52241

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971

See CONTINUATION Page

CERTIFIED MEDICAL PHYSICIST/RADIATION SAFETY OFFICER

to support the Fargo ND VA Health Care System located at

2101 Elm Street N, Fargo ND 58102.

See Statement of Work and Price/Cost Schedule for specific requirements and qualification standards. The requirement is for routine and emergency Radiation Safety Officer (RSO) coverage for radiation service.

Base Period: 9/01/25 to 8/31/2026

Option Period 1: 9/01/26 to 8/31/2027 Option Period 2: 9/01/27 to 8/31/2028

At the time of submission of offer and upon award, the offeror shall have an active registration in the System for Award Management (SAM) www.sam.gov

See CONTINUATION Page

437-3650160-032-822200-2560-010022200 437-25-4-032-0013

X X

X 01

Becky M De Los Santos

VA-VHA-RPOC-2025-0039

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 PRICE/COST SCHEDULE

B.3 STATEMENT OF WORK…………………………………………………………………..6

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2023)

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ...66

C.4 VAAR 852.211-76 LIQUIDATED DAMAGES – REIMBURSEMENT FOR DATA

BREACH COSTS (FEB 2023) ALTERNATE I (FEB 2023)

C.5 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.6 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

C.7 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (JAN 2025) (DEVIATION FEB 2025)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (SEP 2023)

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.3 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

E.4 52.216-1 TYPE OF CONTRACT (APR 1984)

E.5 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.6 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

ADDENDUM to 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

E.7 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024) (DEVIATION

FEB 2025)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: NCO 23 Contracting Officer

Network 23 Contracting Office 1303 5th St. Suite 300 Coralville, IA 52241

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

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

[ ] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

[ ] a. Quarterly [ ] b. Semi-Annually [ X ] c. Other: Within 30 days of Receipt and Acceptance

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.

In order to comply with the Improper Payment Elimination and Recovery Act of 2010 (IPERA), the VA has mandated electronic invoice submission to the Veterans Affairs Financial Services Center (FSC).

The VA Financial Service Center(FSC) has partnered with third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission. Please go to this website:

http://www.tungsten-network.com/US/en/veterans-affairs/ to begin submitting electronic invoices, free of charge.

Vendor e-Invoice Set-Up Information:

Please contact the phone numbers or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center for payment processing, free of charge. If you have question about the e-invoicing program or Tungsten, please contact the FSC at the phone number or email address listed below:

Tungsten e-Invoice set-up information: 877-489-6135 Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com FSC e-Invoice Contact Information: 877-353-9791 FSC e-Invoice email: vafsccshd@va.gov

More information on the FSC electronic invoicing process can be found at http://www.fsc.va.gov/einvoice.asp.

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

AMENDMENT NO DATE

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVI

CES

QUANTI

TY

UNI

T UNIT PRICE AMOUNT

1.00 YR _______________

Radiation Safety Officer services per National Health Physics Program (NHPP) regulations. Board certified or board eligible for this contract shall work under a board certified Medical/Health Physicist from one of the following boards: American Board of Radiology, American Board of Health Physicists or American Board of Medical Physicists or Canadian College of Physicist in Medicine. Health Physicist to provide routine daily virtual, quarterly onsite coverage and on-site emergency coverage Radiation Safety Officer (RSO) services for the Fargo VA Health Care System (FVHCS), 365 days year, 24-hour coverage, and mileage, per diem and travel expenses should be included in all services solicitation. The FVHCS includes Fargo Medical Center and Community-Based Outpatient Clinics (CBOC) which have imaging services. Radiation Materials Licensing experience is a requirement.

Contract Period: Base POP Begin: 09-01-2025 POP End: 08-31-2026 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services PRODUCT/SERVICE CODE: H999 - Other Quality Control, Testing, and Inspection - Miscellaneous http://www.fsc.va.gov/einvoice.asp

Radiation Safety Officer services per National Health Physics Program (NHPP) regulations. Board certified or board eligible for this contract shall work under a board certified Medical/Health Physicist from one of the following boards: American Board of Radiology, American Board of Health Physicists or American Board of Medical Physicists or Canadian College of Physicist in Medicine. Health Physicist to provide routine daily virtual, quarterly onsite coverage and on-site emergency coverage Radiation Safety Officer (RSO) services for the Fargo VA Health Care System (FVHCS), 365 days year, 24-hour coverage, and mileage, per diem and travel expenses should be included in all services solicitation. The FVHCS includes Fargo Medical Center and Community-Based Outpatient Clinics (CBOC) which have imaging services. Radiation Materials Licensing experience is a requirement.

Contract Period: Base POP Begin: 09-01-2026 POP End: 08-31-2027 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Radiation Safety Officer services per National Health Physics Program (NHPP) regulations. Board certified or board eligible for this contract shall work under a board certified Medical/Health Physicist from one of the following boards: American Board of Radiology, American Board of Health Physicists or American Board of Medical Physicists or Canadian College of Physicist in Medicine. Health Physicist to provide routine daily virtual, quarterly onsite coverage and on-site emergency coverage Radiation Safety Officer (RSO) services for the Fargo VA Health Care System (FVHCS), 365 days year, 24-hour coverage, and mileage, per diem and travel expenses should be included in all services solicitation. The FVHCS includes Fargo Medical Center and Community-Based Outpatient Clinics (CBOC) which have imaging services. Radiation Materials Licensing experience is a requirement.

Contract Period: Base POP Begin: 09-01-2027 POP End: 08-31-2028 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

GRAND TOTAL _______________

B.3 STATEMENT OF WORK

Board Certified or Board Eligible Medical Radiation Safety Officer

Fargo VA Healthcare System

1. BACKGROUND.

The contractor shall provide a board Certified or board eligible Medical or Health Physicist to provide routine daily virtual, quarterly onsite coverage and on-site emergency coverage Radiation Safety Officer (RSO) services for the Fargo VA Health Care System (FVHCS), 365 days a year, 24-hour coverage, and mileage, per diem and travel expenses should be included in all services solicitation. The FVHCS includes Fargo Medical Center and Community-Based Outpatient Clinics (CBOC) in Minnesota, and North Dakota which have imaging services. Radiation Materials Licensing experience is a requirement. The Contractor shall furnish personnel to provide Radiation Safety Officer Duties to fulfill the Radiation Materials Licensing requirement as specified by the National Health Physics Program (NHPP). The contractor’s personnel serve as the RSO for the organization and for the comprehensive Radiation Safety Program for the Fargo VA Health Care System in Fargo ND. The FVAHCS makes extensive use of ionizing radiation and radioisotope material in the diagnosis and treatment of disease in the veteran population.

The FVAHCS makes extensive use of ionizing radiation and radioisotope material in the diagnosis and treatment of disease in the veteran population.

The Contractor shall comply with radiation protection standards in 29 CFR

1910.1096 and immediately report any unsafe conditions with the potential to adversely impact the facility radiation workers or patients to the Radiation Safety Officer (RSO). Please See attached Directive 1105 .04

2. OBJECTIVES.

The FVHCS is seeking a solution to provide Radiation Safety Officer to fulfill the Radiation Materials Licensing requirement as specified by the National Health Physics Program (NHPP). The contractor’s personnel serve as the RSO for the organization and is a major component for the comprehensive Radiation Safety Program for the Fargo VA Health Care System.

RSO must perform routine work : radiation safety surveys within FVAHCS facilities for the safe and effective use of these modalities are established by the Nuclear Regulatory Commission (NRC) (e.g., 10 CFR 19, 20, 30, and 35, among others), Occupational Health and Safety Administration (OSHA), Food and Drug Administration (FDA), Environmental Protection Agency (EPA), Department of Transportation (DOT), Veterans Health Administration (VHA), Joint Commission, and Officer Inspector General. The RSO must provide oversite to the Radiation Physics program and Nuclear Medicine Department. The RSO provides emergency consultation in response to a facility Emergency Disaster or Radiologic Emergency event.

The RSO helps manage U.S. Nuclear Regulatory (NRC)/VHA Materials Permit as amended for receipt, location, possession, use, storage, and transfer of radioactive material. Preparing Permit applications, amendments, correspondence, and timely responses for signature to NRC and VHA-NHPP as needed, in accordance with all regulations.

The RSO helps facilitate dosimetry program for a National Voluntary Laboratory Accreditation Program (NVLAP) certified vendor for occupational exposure to ionizing radiation including monthly additions, collection, evaluation, reporting, distribution, and deletion of personal monitoring devices. The RSO is involved with the oversight of the personnel monitoring program and eliminating/reducing or controlling exposure to radiation hazards.

The Contractor shall furnish all labor, material, supplies, equipment, and qualified personnel to provide RSO medical physics services for the Veterans Health Administration (VHA), under the terms and conditions stated herein and must adhere to VHA Handbook 1105.04, Fluoroscopy Safety, dated June 21,2018, 1105.02, 1105 or current version.

The Contractor shall comply with radiation protection standards in 29 CFR

1910.1096 and immediately report any unsafe conditions with the potential to adversely impact the facility radiation workers or patients to the Radiation Safety Officer (RSO). Please See attached Directive 1105 .04

3. QUALIFIED PERSONNEL: All Radiation Physicists performing RSO services under this contract shall work under a board certified Medical/Health Physicist from one of the following boards: American Board of Radiology, American Board of Health Physicists or American Board of Medical Physicists or Canadian College of Physicist in Medicine. Candidate can either be master’s Level or PhD. The Contractor must meet state licensure to practice as medical health physicist, and or Radiation Safety Officer and have membership (or eligibility for membership) to the American Association of Physicists in Medicine (AAPM). The Proposed Physicist must have minimum qualification requirements in Title 10, Part 35.50, of the Code of Federal Regulations (10 CFR 35) and must have at least 5 years of RSO experience and working with radiation materials The RSO must also be approved by a permit amendment from the VHA National Health Physics Program (NHPP). Board-eligibility must be maintained throughout the contract period of performance. All continuing education courses required for maintaining certification/eligibility must be current. Documentation verifying current licensure and certifications must be provided quarterly, or as requested, to ensure adequate licensure and certification status.

Personnel must also have experience in Hospital Medical Physics and be familiar, experience with state regulations (North Dakota, Minnesota), and VA regulations.

The personnel will be identified in the proposal and shall be considered key personnel as essential for the successful completion of the work performed. Any changes to the assignment of personnel must be communicated to the Contracting Officer Representative (COR) and Imaging Supervisor at least 5 days before new personnel will visit the FVHCS. Proposed Physicist must be approved by the National Health Physics Program (NHPP) program to function as a Radiation Safety Officer (RSO) on the FVHCS Radiation Materials License.

The Contractor shall provide personnel qualified and licensed as a Radiation Safety Officer and Associate Radiation Safety Officer if warranted and approved by the NHPP. Qualifications for all responsible personnel shall meet the requirements of under 10 CFR 30.33(a)(3), 10 CFR 35.2, 10 CFR 35.13, 10 CFR 35.14, 10 CFR 35.24, 10 CFR 35.50, 10 CFR 35.57, and 10 CFR 35.59.

The Contractor shall provide personnel who is fully recognized and approved by the United States Nuclear Regulatory Commission (U.S. NRC).

Following contract award, the contractor shall be required to initiate measures for assigned personnel to be added to Fargo VA Materials Permit as Radiation Safety Officer within thirty calendar days. Contractor assigned RSO(s) shall conduct training of VA staff assigned with assisting Radiation Safety measures as required.

Technical Proficiency - Contractor’s physicist(s) shall be technically proficient in medical health physics, and Radiation Safety Officer. Personnel must also have Radiation safety officer experience in Hospital Medical Physics and be familiar with North Dakota, Minnesota, and VA regulations. The personnel will be identified in the proposal and shall be considered key personnel as essential for the successful completion of the work performed. Any changes to the assignment of personnel must be communicated to the Contracting Officer’s Representative (COR) and Imaging Supervisor at least 20 days before new personnel will visit the FVAHCS.

Completion of training in Regulatory and Safety compliance in Nuclear Medicine.

LAWS, PERMITS AND LICENSES: Services performed as part of this PWS, and contract must be in accordance with all applicable laws, ordinances, regulations, and service requirements as enforced by Federal, state, local and industry. The Contractor shall be following US NRC, to include obtaining and maintaining all required licenses and permits required by Federal, state, local and industry laws.

Contractor is required to coordinate and support Fargo VAMC Director in maintaining a current RSO Permit, as approved by NHPP, for the Fargo VA Medical Center. Standard Personnel Testing (PPD, etc.): Contractor shall provide proof of the following tests 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.

TUBERCULOSIS TESTING: Contractor shall provide proof of a negative Tuberculosis Skin Test (TST) or interferon-gamma release assays (IGRA) for all Contractor’s physicist (s) {This is applicable to all health care workers}. A negative chest radiographic report for active tuberculosis shall be provided in cases of positive TST or IGRA results. The TST or IGRA testing shall be repeated annually.

INFLUENZA: Contractors shall provide proof that all Contractor physicists have received the annual Influenza vaccine unless it is contraindicated. If the Contractor physicist 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}.

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

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

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

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.

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.

Conflict of Interest: The Contractor and all Contractor’s physicist(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 (Jan 2008) and fully outlined in response to the subject attachment in Section D of the solicitation document.

Citizenship related Requirements:

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

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, because of their failure to maintain or comply with the terms and conditions of their admission into the United States. Additionally, the Contractor is required to comply with all “E-Verify” requirements consistent with “Executive Order 12989” and any related pertinent Amendments, as well as applicable Federal Acquisition Regulations.

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.

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.

Clinical/Professional Performance: The qualifications of Contractor personnel are subject to review by VA Medical Center COS or his/her clinical designee and approval by the Medical Center Director as provided in VHA Handbook 1105.

Clinical/Professional performance monitoring and review of all clinical personnel covered by this contract will be provided by the Imaging Supervisor, Imaging ACOS or his designee. A clinical COR may be appointed, however, only the CO is authorized to consider any contract modification request and/or make changes to the contract during the administration of the resultant contract.

Non- Personal Healthcare Services: The parties agree that the Contractor and all Contractor’s physicist(s) shall not be considered VA employees for any purpose.

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.

Inherent Government Functions: Contractor and Contractor’s physicist shall not perform inherently governmental functions. This includes, but is not limited to, determination of agency policy, determination of Federal program priorities for budget requests, direction and control of government employees (outside a clinical context), selection or non-selection of individuals for Federal Government employment including the interviewing of individuals for employment, approval of position descriptions and performance standards for Federal employees, approving any contractual documents, approval of Federal licensing actions and inspections, and/or determination of budget policy, guidance, and strategy.

No Employee status: The Contractor shall be responsible for protecting 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

Social security payments

Tort Liability: Any settlement or judgment arising from a Contractor’s action or non-action shall be the responsibility of the Contractor and/or insurance carrier.

Key Personnel:

The VA Full Time Equivalency (FTE) for the services required is 1.0 FTE. FTE is defined by VA as a minimum of 40 hours every two weeks and does not include holidays.

The minimum number of Board-Certified physicists required to provide coverage daily is 1 as defined in paragraph Hours of Operation in this section.

The Contractor shall be responsible for providing coverage to the VA during periods of vacancies of the Contractor’s personnel due to sick leave, personal leave, vacations, and additional coverage as required. In the event a scheduled physicist is unable to complete an assigned shift, the contractor shall provide replacement physicist coverage within 2 hours and notify the Contracting Office Representative (COR) at the Fargo VA Health Care System immediately of the schedule change.

Personnel Substitutions: During the first ninety (90) calendar days of performance, the Contractor shall make NO substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the CO, in writing, within 15 calendar day (s) after the occurrence of any of these events and provide the information required below. After 90 days, the Contractor shall submit the information required below to the CO at least 15 calendar days prior to making any permanent substitutions.

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

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

The Government reserves the right to refuse acceptance of any Contractor personnel at any time after performance begins, if personal or professional conduct jeopardizes patient care or interferes with the regular and ordinary operation of the facility. Breaches of conduct include intoxication or debilitation resulting from drug use, theft, patient abuse, dereliction, or negligence in performing directed tasks, or other conduct resulting in formal complaints by patient or other staff members to designated Government representatives. Standards for conduct shall mirror those prescribed by current federal personnel regulations. Should the VA Imaging COS, supervisor or designee show documented clinical problems or continual unprofessional behavior/actions with any Contractor’s physicist (s), s/he may request, without cause, immediate replacement of said Contractor’s physicist (s).

The CO and COR shall deal with issues raised concerning Contractor’s physicist (s) conduct. The final arbiter on questions of acceptability is the CO.

Contingency Plan: Because continuity of care and requirements of radioisotope licensure requirements as described in VHA Directive 1105 and 1129, it is an essential part of FVAHCS medical services, the Contractor shall have a contingency plan in place to be utilized if the Contractor’s physicist (s) leaves Contractor’s employment or is unable to continue performance in accordance with the terms and conditions of the resulting contract.

Change of times or dates of survey visits must be coordinated with the Imaging department at least two weeks in advance.

Provide written report of completed audits/surveys to Imaging Supervisor or designee within thirty (30) working days of performance of the survey.

4. POLICY/HANDBOOKS. The Contractor shall furnish all labor, material, supplies, equipment, and qualified personnel to provide Radiation Safety Officer services for FVAHCS, under the terms and conditions stated herein and must adhere to following directives/regulations/requirements by regulatory and accreditation bodies:

• VHA Directive 1105 - Management of Radioactive Materials https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=3080

• VHA Directive 1105.02 Nuclear Medicine and Radiation Safety Administrative Service https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=7519 https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=3080 https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=7519

• VHA Handbook Directive 1105.04 - Fluoroscopy Safety https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=7454

• VHA Directive 1105.05 - Magnetic Resonance (MR) Safety https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=6430

• VHA Directive 1129 – Radiation Protection for Machine Sources of Ionizing Radiation https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=8273

• VHA Directive 1663: Health Care Resources Contracting - Buying https://www.va.gov/vapubs/viewPublication.asp?Pub_ID=969&FType=2

• VHA Handbook 1907.01: Health Information Management and Health Records:

https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=3088

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

• VHA Directive 1004.08 Disclosure of Adverse Events to Patients and local Emergency, Radiation Disaster policies.

https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=8120

• 10 CFR 35. 3045 Report and Notification of a medical of a medical event https://www.nrc.gov/reading-rm/doc-collections/cfr/part035/part035-3045.html

• 10 CFR 35.24 NRC Authority and responsibilities for the radiation protection program https://www.nrc.gov/reading-rm/doc-collections/cfr/part035/part035- 0024.html

• VHA Directive 0320 VHA Comprehensive Medical Emergency Radiological Response Team Program https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=8906

• VHA Directive 0320.05, Medical Emergency Radiological Response Team https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=8425

• 10 CFR 30.6 Communications NRC: https://www.nrc.gov/reading-rm/doc-collections/cfr/part030/part030-0006.html

• American College of Radiology Disaster preparedness for Radiology Professionals https://www.acr.org/-/media/ACR/Files/Legal-and-Business- Practices/Disaster-Preparedness/Disaster-Preparedness-for-Radiology- Professionals.pdf

• U. S. Department of Health and Human Services: https://www.remm.nlm.gov/

• 10 CFR 30.50 Reporting Requirements NRC. https://www.nrc.gov/reading-rm/doc-collections/cfr/part030/part030-0050.html

• 10 CFR 30.50 Reporting Requirements NRC. https://www.nrc.gov/reading-rm/doc-collections/cfr/part030/part030-0050.html https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=7454 https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=6430 https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=8273 https://www.va.gov/vapubs/viewPublication.asp?Pub_ID=969&FType=2 https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=3088 http://www.justice.gov/oip/foia_updates/Vol_XVII_4/page2.htm https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=8120 https://www.nrc.gov/reading-rm/doc-collections/cfr/part035/part035-3045.html https://www.nrc.gov/reading-rm/doc-collections/cfr/part035/part035-0024.html https://www.nrc.gov/reading-rm/doc-collections/cfr/part035/part035-0024.html https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=8906 https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=8425 https://www.nrc.gov/reading-rm/doc-collections/cfr/part030/part030-0006.html https://www.nrc.gov/reading-rm/doc-collections/cfr/part030/part030-0006.html https://www.acr.org/-/media/ACR/Files/Legal-and-Business-Practices/Disaster-Preparedness/Disaster-Preparedness-for-Radiology-Professionals.pdf https://www.acr.org/-/media/ACR/Files/Legal-and-Business-Practices/Disaster-Preparedness/Disaster-Preparedness-for-Radiology-Professionals.pdf https://www.acr.org/-/media/ACR/Files/Legal-and-Business-Practices/Disaster-Preparedness/Disaster-Preparedness-for-Radiology-Professionals.pdf https://www.remm.nlm.gov/ https://www.nrc.gov/reading-rm/doc-collections/cfr/part030/part030-0050.html https://www.nrc.gov/reading-rm/doc-collections/cfr/part030/part030-0050.html https://www.nrc.gov/reading-rm/doc-collections/cfr/part030/part030-0050.html

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.

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

• 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.

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

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

• COS: Chief of Staff

• CPARS: Contractor Performance Assessment Reporting System

• EHR: Electronic Health Record - electronic health record system used by the

VA.

• HIPAA: Health Insurance Portability and Accountability Act

• ISO: Information Security Officer

• POP: Period of Performance

• PWS: Performance Work Statement

• QA/QI: Quality Assurance/Quality Improvement

• QM/PI: Quality Management/Performance Improvement

• QASP: Quality Assurance Surveillance Plan

• ABHP: American Board of Health Physics

• ABRB: American Board of Radiology

• ACR: American College of Radiology

• ALARA: As Low as Reasonable Achievement

• ADP: Automated Data Processing

• AMA: American Medical Association

• CQI: Continuous Quality Improvement

• ISO: Information Security Officer

• JCAHO: Joint Commission on Accreditation of Healthcare Organizations

• NCQA: National Committee for Quality Assurance

• NRC: Nuclear Regulatory Commission

• OSHA: Occupational Safety and Health Administration

• PO: Privacy Officer

• PO: Purchase Order

• QA: Quality Assurance

• QI: Quality Improvement

• RSO: Radiation Safety Officer

• SDB: Small Disadvantaged Business

• USC: United States Code

• VA: Department of Veterans Affairs

• VA NHPP: VA National Health Physics Program

• VISN: Veterans Integrated Service Network

• VISTA: Veterans Health Information Systems & Technology Architecture

6. SCOPE OF WORK:

a. The contractor shall furnish all labor, material, supplies, carry equipment onsite, and qualified personnel to provide Radiation Safety Officer services at the Fargo VA Health Care System (Fargo Medical Center), and CBOC’s if applicable, in accordance with the terms and conditions stated herein. VA may increase the number of clinics under this contract at no change to the contract price schedule for up to 2 additional sites per option year. If additional clinical sites beyond these additional sites require the contract a modification and will be negotiated at that time.

b. RSO must perform routine work using a combination of onsite and virtual services : quarterly radiation safety audits (onsite) at FVAHCS facilities for the safe and effective use of these modalities are established by the National Health Physics Program (NHPP), Nuclear Regulatory Commission (NRC) 10 CFR 19, 20, 30, and 35, among others, Occupational Health and Safety Administration (OSHA), Food and Drug Administration (FDA), Environmental Protection Agency (EPA), Department of Transportation (DOT), Veterans Health Administration (VHA), Joint Commission, and Officer Inspector General, American College of Radiology (ACR). The onsite observation of radiation safety practices with real time visualization. The RSO must help provide oversite to the Radiation Physics program and Nuclear Medicine Department. The RSO provides emergency consultation in response to a facility Emergency Disaster or Radiologic Emergency event. Policy reviews may be provided via electronic means and submitted for recommendation.

Radioisotope materials licensing experience is a requirement.

c. The RSO must help provide oversite to the Radiation Physics program and Nuclear Medicine Department using a combination of onsite and virtual services. The RSO provides emergency consultation in response to a facility Emergency Disaster or Radiologic Emergency event.

d. The RSO shall help maintain oversight of radioactive material within the Radiation Safety Program, where responsibilities include, but are not limited to the following:

1. Ensuring safe use of radioactive materials and regulatory compliance along with the VA medical facility Director as well as the VA medical facility Radiation Safety Committee.

2. Completing day to day actions required by NRC regulations, for the VA medical facility’s radioactive materials permit, which include, but are not limited to, the tasks and actions described in Appendix A of VHA Directive 1105 as well as NRC NUREG-1556, Vol. 9, Rev.3 and NUREG 1556 Vol.

11, Rev. 1.

3. Performing periodic audits and surveys of services and sections using radioactive materials and reporting results to the Radiation Safety Committee (RSC).

4. Investigate overexposures, accidents, isotope spills, losses, thefts, unauthorized receipts, uses, transfers, disposals, medical events, and other deviations from approved radiation safety practice and implement corrective actions as necessary.

e. The RSO provides oversite of Radiation Program by Medical Physicist/Radiation safety officer: Manage U.S. Nuclear Regulatory (NRC)/VHA Materials Permit as amended for receipt, location, possession, use, storage, and transfer of radioactive material. Preparing Permit applications, amendments, correspondence, and timely responses for signature to NRC and VHA-NHPP as needed, in accordance with all regulations.

f. Facilitates dosimetry program for a National Voluntary Laboratory Accreditation Program (NVLAP) certified vendor for occupational exposure to ionizing radiation including monthly additions, collection, evaluation, reporting, distribution, and deletion of personal monitoring devices. Provides oversight of the personnel monitoring program and eliminating/reducing or controlling exposure to radiation hazards.

g. RSO must perform radiation safety surveys within FVHCS facilities to ensure compliance with the current American College of Radiology (ACR) and National Health Physics Program (NHPP) as required.

h. The position sensitivity has been designated as low sensitivity. The level of background investigation is a National Agency Check with Written Inquiries.

The level of risk associated with the contracted employee position is equivalent to the level required of a VA Employee working in such a position.

Note: Level of Risk must be determined by the Information Security Officer (ISO) prior to submitting required investigations.

i. Contractor staff performing RSO duties will complete and sign VA’s national Rules of Behavior and Privacy Policy training prior to performing inspection.

j. Vendor must have the ability to be at facility, or at VA community site for emergency radiation services within several hours of call requesting services.

k. Subcontracting of services will not be allowed due to the emergent need to provide emergent RSO services for the interventional radiology/vascular services.

7. RADIATION SAFETY OFFICER

a. QUALITY CONTROL: Work performed under this contract shall be subject to evaluation by the Contract Officers Representative (COR) in accordance with the contract terms and conditions.

b. PLACE OF PERFORMANCE:

Fargo VA HCS (Fargo Veteran Affairs Medical Center

2101 North Elm Street, Fargo, ND 58103

Bismarck North Dakota CBOC, Bemidji Minnesota, CBOC, Grand Forks North Dakota CBOC, Fergus Falls Minnesota, CBOC.

c. EQUIPMENT. Contractor shall furnish all labor, material, supplies, equipment, and qualified personnel to provide on-site RSO services at the Fargo VHCS (Fargo Medical Center, and CBOC’s) in accordance with the terms and conditions stated herein. The FVHC will provide a person to be present during the inspection.

TRAVEL: Travel expenses, per diem, will be covered under the contract.

1. HOURS:

VA Business Hours regular administrative working hours: 8:00 am – 5:00 pm Monday through Friday, excluding Federal Holidays. There may be times when the Contractor could be needed to work after regular working hours. Routine coverage of RSO can be provided virtual, with the exceptions stated in this statement of work.

Provision of 24 hours a day, 7 days week service using combination of virtual and onsite services.

The certified Health Physicist or Medical Physicist and (Radiation safety officer) shall respond to emergency situations within one (1) hour by phone and on-site and within 4 hours based on severity of the event or disaster to accomplish the radiation safety services. For non-emergency situations with 8 hours when notified by the VA COR, Imaging Supervisor, Chief or VA designee(s).

10 CFR 30.50 Reporting Requirements NRC.

https://www.nrc.gov/reading-rm/doc-collections/cfr/part030/part030- 0050.html

FEDERAL HOLIDAYS: The holidays observed by the Federal Government are:

• New Year’s Day

• President’s Day

• Martin Luther King’s Birthday

• Memorial Day

• Independence Day

• Labor Day

• Columbus Day

• Veterans Day

• Thanksgiving

• Christmas

• Juneteenth

• Any other day specifically declared by the President of the United States to be a Federal Holiday

GENERAL PROVISIONS.

Services will be provided at the Fargo VA Health Care System (Medical Center 2101 N Elm Street Fargo, ND, Grand Forks, ND, CBOC, Bismarck, ND, CBOC, Fergus Falls, MN, CBOC, Bemidji, MN, CBOC. Services will be provided at during the hours of 8:00am – 5:00pm, Monday through Friday, excluding Federal Holidays. Inspection dates and times will be mutually agreed upon and established. Policy reviews may be provided via electronic means and submitted for recommendation. Fargo VAHCS will provide a qualified person to operate the equipment if needed and be present during the inspection. VA may, from time to time, make changes to the Scope of Work under this Contract, through a written modification. A modification shall not modify the overall purpose of this Contract.

Contractor staff performing inspection will be subject to a background investigation and receive a favorable adjudication from the VA Security Center (VSC). If security clearance is not completed prior to the start of the contract, the Contractor will be responsible for the actions of those individuals they provide to perform services for the

VAHCS.

The position sensitivity has been designated as low sensitivity. The level of background investigation is a National Agency Check with Written Inquiries. The level of risk associated with the contracted employee position is equivalent to the level required of a VA Employee working in such a position.

Contractor staff performing inspections will complete and sign VA’s National Rules of Behavior and Privacy Policy training prior to performing inspections.

VA may, from time to time, make changes to the Scope of Work under this Contract, through a written modification. A modification shall not modify the overall purpose of this Contract.

Change of times or dates of survey visits must be coordinated with the department at least two (2) weeks in advance.

The level of risk associated with the contracted employee position is equivalent to the level required of a VA Employee working in such a position.

The Government reserves the right to refuse acceptance of any Contractor personnel at any time after performance begins, if personal or professional conduct jeopardizes patient care or interferes with the regular and ordinary operation of the facility. Breaches of conduct include intoxication or debilitation resulting from drug use, theft, patient abuse, dereliction, or negligence in performing directed tasks, or other conduct resulting in formal complaints by patient or other staff members to designated Government representatives. Standards for conduct shall mirror those prescribed by current federal personnel regulations. Should the VA Imaging COS, supervisor or designee show documented clinical problems or continual unprofessional behavior/actions with any Contractor’s physicist (s), s/he may request, without cause, immediate replacement of said Contractor’s physicist (s). The CO and COR shall deal with issues raised concerning Contractor’s physicist (s) conduct. The final arbiter on questions of acceptability is the CO.

CONTRACTOR RESPONSIBILITIES:

Clinical Personnel Required:

The Contractor shall provide Contractor’s physicist(s) who are competent, qualified per this performance work statement and adequately trained to perform assigned duties. Standards of Scope of Practice and RSO duties:

The Contractor’s physicist(s)’ care shall cover the range medical physicist services scope of practice as outline by the American Association of Physicist in Medicine (AAPM). The essential responsibility of the Qualified Medical Physicist's clinical practice is to assure the safe and effective delivery of radiation to achieve a diagnostic or therapeutic result as prescribed in patient care. The medical physicist performs or supervises the technical aspects of procedures necessary to achieve this objective.

HEALTH PHYSICS INSTRUMENTATION REQUIREMENTS

The RSO(s) shall provide the following services, and report as necessary to BIOMED for tracking of instrument calibration:

A. Calibration of instruments used for performing ambient dose rate surveys which includes calibration in dose rate (e.g., R/hr) and/or count rate (e.g., cpm) as needed, required by regulation, or deemed appropriate by a qualified expert.

B. Calibration of instruments used for direct measurement of radiopharmaceuticals as needed, required by regulation, or deemed appropriate…