20231108 PWS Onsite Technical Support Chelmsford CMOP.docx

1. GENERAL:

1.1. Services Needed:

The Contractor must provide comprehensive technical support for the Department of Veterans Affairs (VA) Consolidated Mail Outpatient Pharmacy (CMOP) located in in Chelmsford, MA. Technical support shall include on-site personnel to maintain automated equipment systems, such as automatic packaging systems, tote, conveyor systems, and drug dosing machines. All services shall be in accordance with the specifications contained herein.

1.2. Overview

1.2.1. Consolidated Mail Outpatient Pharmacy (CMOP): The CMOP supports all fifty states, Washington D. C., Puerto Rico, and US Territories and processes over 130 million prescriptions per year and individual CMOP’s mail out approximately 515,000 prescriptions per day, with approximately 330,000 Veteran patients served per day.

1.2.2. For informational purposes, the following are average weekly production rates for prescriptions:

1.2.3.6. Chelmsford: 250,000

1.2.3.7. Average production rates can vary widely from day to day and week to week based on a variety of factors such as inclement weather, staffing shortages, workload transfer, and system malfunctions.

1.3. A full-time equivalent employee (FTEE) is equivalent to 8 hours per day.

1.3.1. The Contractor shall provide on-site technical support to maintain automated pharmacy systems. Job titles to include Electronic Technician Maintenance, Machinery Mechanic, Machinery Maintenance Mechanic, Job Series 0856 Electronics Technician or 54151S Professional Services position that will meet all of the requirements within the Performance Work Statement (PWS).

1.3.2. Current need; Up to 2 FTEE per day @ 40 hours each per work week.

1.3.3. The estimated number of personnel required by the CMOP are estimates. The estimates are used to define scope and may fluctuate upward or downward based on the adoption or introduction of automation, changes in workload or processes, workload transfers, inclement weather, staffing shortages, or contingency operations throughout the life of the contract.

1.4. Duties include, but may not be limited to the following:

1.4.1. Provides comprehensive technical support for automated equipment systems (e.g., automatic packaging systems, tote conveyor systems, and drug dosing machines) assembled from numerous constituent units or subsystems including components such as controllers, sensors, bar code scanners, industrial controls and equipment, and pulse and counting mechanisms.

1.4.2. Performs preventive maintenance, installation, evaluation of system performance, repair, calibration, modification, and programming/ reprogramming for various programmable logic controllers (PLCs).

1.4.3. Troubleshoots equipment problems and takes corrective actions to restore devices to fully operational levels.

1.4.4. Evaluates corrective action alternatives for cost effectiveness, considering device repair history, device age and expected remaining lifetime, user needs, and parts availability; and recommends equipment replacement in lieu of repair.

1.4.5. Evaluates systems and subsystems and determines which test and calibration equipment is required, evaluates compatibility between subsystems, and makes modifications to interconnections, as necessary, to increase reliability of the overall system.

1.4.6. Coordinates and performs preventive maintenance and frequent inspections within the context of the preventive maintenance and periodic inspection program.

1.4.7. Assists the supervisor in writing preventive maintenance procedures, personal protective equipment (PPE) requirements, lock-out, tag-out (LOTO) requirements, and contract specifications required for system maintenance programs and demand repairs.

1.4.8. Advises and consults with the supervisor on equipment matters pertaining to the selection, installation, or modification of equipment and evaluation of and solutions to unusual maintenance problems.

1.5. Place of Performance:

1.5.1. 10 Industrial Ave., Chelmsford, MA 01824

1.6. Current Hours of Operation/Scheduling (Hours are in local time zones):

1.6.1. Chelmsford: 5:00 AM – 4:30 PM (staggered start times) Monday through Friday.

1.6.2. Future operational hours may change, increase, or decrease, to include expansion to evening, weekend or split shifts, based on workload demand or operational contingencies to include, but not be limited to, inclement weather, equipment failures, local, state or Federal emergencies, workload transfers, and staffing shortages.

1.6.3. Contract staff must be ready for work at the beginning of their scheduled tour of duty and immediately before and after breaks and lunch.

1.6.4. Contract staff must continue to work until they achieved a full completion of their scheduled tour of duty.

1.6.5. Billable time shall not include lunch or unscheduled breaks.

1.6.6. Contract staff must be released prior to the end of a scheduled shift if workload queue has been cleared; contract providers are not guaranteed a forty (40) hour work week or an eight-hour day.

1.6.7. The eleven holidays observed by the Federal Government are:

1.6.7.1. New Year’s Day;

1.6.7.2. Martin Luther King’s Birthday;

1.6.7.3. Presidents’ Day;

1.6.7.4. Memorial Day;

1.6.7.5. Juneteenth Day;

1.6.7.6. Independence Day;

1.6.7.7. Labor Day;

1.6.7.8. Columbus Day;

1.6.7.9. Veterans’ Day;

1.6.7.10. Thanksgiving;

1.6.7.11. Christmas;

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

1.6.7.13. The Government acknowledges that the Contractor may pay their employee for non-Federal holidays, vacations, and sick leave that are not worked. Pay for holidays, non-Federal holidays, vacation and sick leave that are not worked is the sole liability of the Contractor. Holidays may be scheduled as production workdays. Holidays must only be worked with a 48-hour notice except in crisis situations (i.e. inclement weather, major equipment failure, etc.). The Government must make a reasonable effort to give the Contractor as much notice as possible but not less than 12 hours when emergency overtime for any reason (weather, equipment, etc.) is required.

1.6.7.14. Holidays may be scheduled as production workdays. Holidays may be worked with a 48-hour notice to minimize workload backlogs or to address other contingent situations.

1.6.8. The contractor will be required to provide a monthly schedule at least 30 days prior to the start of the month or upon mutual agreement between contractor and the CMOP. However, schedules are subject to change due to changes in volume and workload or due to contingency operations such as inclement weather or major equipment failures. There may be times when, due to unplanned circumstances, coverage is needed on short notice and the contractor will be asked to fill additional unscheduled shifts within a twenty-four (24) hour notice. Notification and scheduling must be mutually agreed upon between the CMOP and the contractor.

1.6.9. Overtime may be required throughout the life of the contract. Overtime is considered any hours worked on this contract in excess of forty hours in one week per person, not any hours in excess of eight hours daily per person. Overtime must be authorized in writing by VA facility management. The scheduling of overtime must be coordinated between contractor on-site facility administrator and COR. The Government must make a reasonable effort but not less than 12 hours to give the Contractor as much notice as possible when emergency overtime is required for any reason. The Government reserves the right to cancel overtime at any time.

1.6.10. The contractor must have a sufficient qualified pool of replacement personnel to support all services in the event contract personnel that are scheduled to work become ill, resign, are terminated, or are otherwise unavailable to work. The Contractor will be expected to provide the full complement of staff for the duration of each shift. Contract requirements are not altered or mitigated by inclement weather, illness, death or the Contractor’s inability to provide the required services. The contractor must meet contractually required staffing levels. Any excess costs incurred by the government or the contractor due to the Contractor’s inability to provide staffing levels as required, will be the responsibility of the contractor.

1.7. Authority: Public Law 104-262 and Title 38 USC 8153, as applicable.

1.8. Handbooks and Policies:

1.8.1. The services to be performed by the Contractor must be performed within the national and local CMOP policies, procedures, regulations, and productivity standards.

1.8.2. Individual needs to be familiar with all items for consideration must conform to current standards, to include but not limited to: OSHA, local/state and federal codes, National Fire Protection Association codes for operational safety. Specifically, NFPA 70E and NFPA 99

1.9. Definitions and Acronyms- Terms used in this contract must 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 must govern.

1.9.1. CMOP: Consolidated Mail Outpatient Pharmacy

1.9.2. CO: Contracting Officer. 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. The CO is the only person authorized to make changes via a written modification to the contract.

1.9.3. COR: Contracting Officer’s Representative. 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 must report to the CO promptly any indication of non-compliance in order that appropriate action can be taken. The COR does not have authority to alter or modify the contract terms and conditions in any way but may make recommendations to the CO.

1.9.4. DOL – Department of Labor

1.9.5. Full time equivalent employee (FTEE): one FTEE equals 40 hours a week.

1.9.6. PIV: Personal Identity Verification

1.9.7. Pool: Qualified personnel that have completed the VA onboarding process

1.9.8. PWS: Performance Work Statement

1.9.9. QASP: Quality Assurance Surveillance Plan

1.9.10. Staffing Rate: The number of FTEE provided by the contractor divided by the number of FTEE requested by CMOP. The calculation is done per position and per shift for the CMOP location.

2. DESCRIPTION OF SERVICES:

2.1. Position requires extensive knowledge of theoretical and practical use of analog and digital electronics, mechanics, pneumatics, electromechanical devices, hydraulics, thermodynamics, optics, physics, and computer science. The Contractor must be skilled in improvising troubleshooting practices when needed, and exercise skill in interpreting electronic, electrical, and mechanical drawings, specifications, and schematics of custom systems. Contractor must be skilled in the use of standard test equipment such as analog/digital multi-meters, oscilloscopes, function generators, power supplies, resistor/capacitor substitution boxes, calibration devices, general hand tools, current probes, and watt meters. Position requires strong communication skills. Contractor must apply these skills to a wide variety of people and situations.

2.2. Assignments involve troubleshooting, modification, definition, and technical engineering evaluations. Assignments are diverse in nature and cover several essentially different electrical/mechanical systems. Must exercise creativity and judgment in extending traditional techniques or developing new ones to solve complex problems. In many cases, assignments deal with the inapplicability of established design criteria and technical precedents to project objectives requiring sound design judgment to reach the correct solution, meet objectives, and maintain timelines without compromising design and engineering principles. The work also requires recognition of the relationship of problems and practices of related engineering fields either to solve problems, resolve issues, or refer them to the appropriate personnel.

2.3. As the technician for maintenance of instrumentation and utility systems, work involves development of maintenance programs/program segments. Furnishes technical advice to the supervisor, technical maintenance staff, production supervisors, and contractors on specific design problems. Applies practical knowledge of electronics, mechanics and electricity to perform duties of broad scope and complexity. Work affects the operation of systems, programs, processes, and equipment and the timeliness and economy of operations and equipment Position requires active involvement with internal staff and to network with other Technicians and contractors to come up with innovative solutions to unique problems.

2.4. Work involves various situations requiring bench and/or field work that requires sitting, walking, standing, bending, lifting, pushing, etc. Handles devices weighing up to 40 pounds and is sometimes called upon to handle objects weighing in excess of 40 pounds. Work requires frequent inspections of equipment and systems, which may involve considerable walking, bending, stooping, crawling, climbing, reaching, and other physical movements. Often works in areas that require special safety precautions to avoid injury to self or others (e.g., lock-out, tag-out (LOTO), Personal Protective Equipment (PPE), etc.).

2.5. The Contractor must provide, at contractor’s expense, to perform and manage all human resource and administrative functions of this contract to include, but are not limited to, scheduling, payroll, disciplinary actions, training, onboarding, time and attendance. Contractor shall not utilize contracted personnel to perform administrative duties.

3. QUALIFICATIONS

3.1. Onsite personnel must possess one (1) year of specialized experience that equipped them with the particular knowledge, skills, and abilities to perform successfully the duties of this position, and that is typically in or related to the work of this position. Examples of qualifying specialized experience include: Work as a technician, instructor, inspector, or mechanic (civilian or military) that showed progression in theoretical and practical knowledge of electronic theory, and of the characteristics, function, operation, and capabilities of a variety of types of electronic equipment. This experience must have included the use of schematic diagrams, a variety of test equipment, and the application of appropriate electronic formulas involved in such duties as testing, troubleshooting, modifying, designing, calibrating, installing, maintaining, repairing, constructing, developing, and instructing on electronic equipment, or similar functions. Experience in developing policies, standards, and procedures for maintenance, installation, or similar functions, provided the work clearly shows that the applicant applied a specialized knowledge of the theories and principles of a variety of electronic systems or equipment.

4. GOVERNMENT RESPONSIBILITIES

4.1. Contracting Officer (CO):

4.1.1. All contract administration must be affected by the CO. Communications pertaining to contract administration matters must be addressed to the Contacting Officer. No changes in or deviation from the scope of work must be affected without a Standard Form 30 (Modification of Contract) executed by the CO authorizing such changes.

4.1.2. The CO is the only person authorized to make or approve any changes in any of the requirements of the contract; and notwithstanding any provisions contained elsewhere, the said authority remains solely with the CO. In the event the Contractor makes any changes at the direction of any person other than the CO, the changes must be considered to have been made without authority, and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.

4.2. Contracting Officer’s Representative (COR)

4.2.1. A minimum of one COR will be designated at each separate facility by authority of the Contracting Officer to monitor all technical aspects and assist in administering the contract. The types of actions within the purview of the COR’s authority are to assure that the Contractor performs the technical requirements of the contract; to perform or cause to be performed inspections necessary in connection with performance of the contract; to maintain both written and oral communications with the Contractor concerning the aspects of the contract within his/her purview; to issue written interpretations of technical requirements of Government specifications; and to monitor the performance of Contractor under the contract and notify the Contractor and Contracting Officer (CO) of any deficiencies observed. A memorandum of delegation will be issued to each COR with a copy supplied to the Contractor, stating the responsibilities and limitations of the COR’s.

4.2.2. At no time may the scope, work, price, delivery dates, or other mutually agreed upon terms or provisions of the contract be changed without being executed in writing by the CO authorizing such changes. The Contractor performing outside of the scope of the contract at the direction of the COR, does so at their own risk. Questions concerning authority of the COR must be addressed to the CO.

4.2.3. The COR’s may be changed at any time by the Government without prior notice to the Contractor, but notification of the change, including the name and address of the successor COR, will be promptly provided to the Contractor by the CO in writing.

4.3. Training

4.3.1. Mandatory VA orientation and other required government training will constitute billable time. Mandatory annual training includes but is not limited to: Information Security and Privacy; Diversity; Sexual Harassment; Annual Fire Safety; Ethics; Handwashing; Infection Control; and VHA Privacy training. Failure to maintain annual training may result in loss of VA network and facility access. Time allotted for completion of mandatory training topics must be the same as that allotted for federal staff.

4.4. Administrative Functions and Meetings

4.4.1. Upon request by the Government, contract employees may be asked to attend and participate in staff meetings, professional activities, performance improvement activities, training meetings. Attendance at these functions constitutes billable time.

4.5. Personal Protective Equipment

4.5.1. The CMOP will provide disposable personal protective equipment (PPE) as required by OSHA for specific job functions as well as training on wear and use. Items provided must be worn by contract personnel to maintain OSHA standards and compliance. Steel toe safety shoes and Arc Flash PPE are required in facilities for functions and will be the responsibility of the contractor.

4.6. Identification Badges

4.6.1. A Government issued Personal Identity Verification (PIV) or equivalent badge must be issued to all contract staff rendering services at CMOP sites. The appropriate badge must be worn at all times while on Government facility grounds in appropriate Identity Credential Holders, clearly displayed on the outermost garment (e.g., coat, jacket, sweater, shirt, blouse, lab coat, etc.) above the waist, with picture and name unobstructed. If worn on a lanyard around the neck, it must be of the break-away type for safety.

4.6.2. The cost of the first issued badge must be borne by the supported CMOP. In the event any contract employee loses or damages a badge, the Contractor must be charged the amount prescribed by the CMOP for replacement badges policy adopted by each CMOP and in accordance with VA Handbook 0735.

4.6.3. PIV badges are required to be returned to the facility COR upon termination, retirement, etc. of contract employee in accordance with VA Handbook 0735.

4.6.4. Identification badges are required for facility access at all times. All contract personnel must have badges permitting them access to their facility. If badges are lost or forgotten, contract personnel must report to the front desk to gain access. At no time, will a contract employee gain access to a site through another personnel’s badge.

5. CONTRACTOR RESPONSIBILITIES

5.1. The Contractor must ensure that all contract employees have met qualifying criteria. Contract employee must be required to complete and pass background investigations in order to work at the CMOP.

5.2. The contractor must attempt to maintain no less than a 66% staffing rate per shift but at no time will a staffing rate below 33%. Rates below acceptable levels will result in action by the CO, unless otherwise authorized by the CMOP.

5.3. All Contractor employees must be clearly differentiated from VA staff. All contract employees must wear apparel that clearly indicates the name of contracted agency.

5.4. The contractor must comply with DOL regulations at all times.

5.5. Contractor personnel will be subject to the same standards in meeting or exceeding current recognized National Standards as established by The Joint Commission (TJC). Copies of the standards are on file at each CMOP and may be made available to the Contractor. The Contractor must perform services in accordance with the ethical, professional, and technical standards of the healthcare industry as consistent with VA policy, regulations, and procedures. Employees provided by the Contractor must be technically proficient in the skills necessary to fulfill the Government’s requirements. Contract employee must be responsible for compliance with all requirements in accordance with applicable CMOP written policies, procedures, competencies and bylaws of the CMOP. Contract employees shall be required to meet or exceed VA employee standards of productivity, competency, quality, conduct and protocol. Copies of all applicable documents will be available to all Contractor employees and are located at each CMOP.

5.6. The Contractor must be responsible for establishing and maintaining a record keeping system for verification of actual hours worked for all personnel.

5.7. The Contractor must provide a method for accurate time keeping. Personal electronic devices are not allowed on the production floor and cannot be used for this purpose. Records such as time and attendance logs must be used to verify Contractor's performance. Detailed timekeeping reports are to be submitted weekly, for verification and review, to COR at the CMOP. Manual adjustments to timekeeping records must be easily identified to include a detailed rationale to support the adjustment. The Contractor shall provide the COR with any additional documentation necessary to validate invoicing. For standardization purposes, all seven facilities must have identical timekeeping and invoicing systems. Timekeeping records are to be maintained for six (6) years, three (3) months.

5.8. Any company specific orientation (such as for benefits, leave, etc.) the Contractor provides during the on-boarding process will not constitute billable time to the government.

5.9. The Contractor must be responsible for protecting the personnel furnishing services under this contract. To carry out this responsibility, the Contractor must provide or cause the provision of the following for these personnel:

5.9.1. Workers’ compensation;

5.9.2. Professional liability insurance;

5.9.3. Health examinations;

5.9.4. Income tax withholding; and

5.9.5. Social security payments

5.9.6. The Contractor must be responsible for compliance by any subcontractor or lower-tier subcontractor with the provisions set forth above.

5.10. Contractor meetings with contractor employee(s) are permitted but must not constitute billable time. The Contractor must notify and coordinate such meetings with the COR in advance. Such meetings must not disrupt production.

5.11. The Contractor must respond within twenty-four (24) hours after notification from CMOP concerning the occurrence of any serious incident or negative trend involving quality, performance, conduct, attendance, or safety. Contractor’s written response must include actions planned for resolution. The Contractor’s response must be given to the COR for the facility in which the occurrence took place and the CO. Reference section 8.5.

5.12. The Contractor will be liable for the liability producing acts or omissions of its personnel. Any litigation ensuing must be the responsibility of the Contractor, for its personnel, under separate independent handling by Contractor counsel and/or insurance.

5.13. All accidents, malfunctions, injuries and deaths related to the delivery of services must be immediately reported verbally to the delegated COR. The Contractor will be required to provide

5.14. evidence of follow-up through a written report of the incident, describing the event, analysis of cause and effect, and corrective action taken. If the CO requests such a report, this must be done within three (3) working days of the verbal report. The Contractor is liable for any workers’ compensation events resulting for the delivery of services.

5.15. The Contractor will be responsible for reimbursement to the CMOP any expense due to the willful misconduct of their employees. Such acts include, but are not limited to, false notifications of fires, erroneous bomb threats, threats of violence or to harm others and other malicious actions.

5.16. The Contractor is responsible for all personnel actions necessary to maintain an excellent, productive, and fully staffed working environment.

6. CONTRACTOR DELIVERABLES:

6.1. The Contractor must supply written reports within twenty-four (24) hours of occurrence (and when requested) of any incidents and actions taken involving quality, production, performance, conduct, attendance, or safety. Reports must include date and time of occurrence, nature of incident, involved parties, outcome, and action planned for resolution. The written report must be given to the COR for the facility in which the occurrence took place.

6.2. The Contractor must be required to provide a daily staffing report and synopsis of daily activities to the COR at each facility by the end of the next business day.

6.3. All accidents malfunctions, injuries and deaths related to the delivery of services must be immediately reported verbally to the delegated COR. The Contractor may be required to provide evidence of follow-up through a written report of the incident, describing the event, analysis of cause and effect, and corrective action taken. If the CO requests such a report, this must be done within three (3) working days of the verbal report. The Contractor must be liable for the liability producing acts or omissions of its employee. Any litigation ensuing must be the responsibility of the Contractor, for its employee, under separate, independent handling by Contractor counsel and/or insurance.

6.4. Training and orientation reports must be supplied to the delegated COR’s within twenty-four (24) hours when requested.

6.5. The contractor will provide a monthly schedule to the COR for the facility at least 30 days prior to the start of the month or upon mutual agreement between contractor and individual facility.

7. SUMMARY OF PERFORMANCE MEASURES

The Contractor must be required to meet the following performance measures as they relate to the requirement under task orders awarded under this contract.

7.1. Contract personnel must be compliant on initial and annual training requirements at all times (failure to maintain annual training may result in loss of VA network and facility access).

7.2. Contract personnel must meet or exceed VA employee standards of productivity, competency, quality, conduct and protocol. Contractor to submit to COR written plan of action for any employee’s failure to meet standard for two (2) consecutive calendar months.

8. CELL PHONE USE:

8.1. Cell phone use is not permitted on production floors. Contract personnel are required to adhere to local facility policies regarding cell phone use and electronic devices.

9. SMOKING POLICY

9.1. Smoking, smokeless tobacco, and E Cigs are not permitted within or around the CMOP facilities unless a local CMOP policy allows for a designated area to be set aside.

10. CITIZENSHIP RELATED REQUIREMENTS:

10.1. The Contractor certifies that the Contractor must 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

10.2. 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.

10.3. While performing services for the Department of Veterans Affairs, the Contractor must not knowingly employ, contract or subcontract with an illegal alien; foreign national non-immigrant who is in violation of 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 must be 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.

10.4. 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, must be prohibited from working at the

10.5. 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 must form the basis for termination of this contract for breach.

10.6. 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.

10.7. The Contractor agrees to obtain a similar certification from its subcontractors. The certification must be made as part of the offerors response to the RFP using the subject attachment in Section D of the solicitation document.

11. ACCESS:

11.1. The Government reserves the right to bar contractor personnel from Government facilities, if personal or professional conduct of the contractor personnel jeopardizes safety or interferes with the regular and ordinary operation of the CMOP facilities. Unacceptable breaches of conduct include, but are not limited to, provider intoxication or debilitation resulting from alcohol or drug use, combative/violent behavior toward co-workers, theft, dereliction or negligence, making rude and inappropriate comments or gestures or other conduct resulting in verified formal complaints by staff. The Contracting Officer and Contracting Officer’s Representative (COR) may immediately make determinations relating to contractor personnel access to facilities when conduct of said personnel raises concerns of jeopardized safety. The Contracting Officer must advise the contractor of the questionable conduct encountered and may seek contractor input related to continuing access of said personnel to VA facilities, but the Contracting Officer is in no fashion required to reach agreement with the contractor before acting on restrictions. The final arbiter on questions of action to be taken to restrict contractor personnel from VA facilities based on alleged conduct issues is the Contracting Officer.

12. NON-PERSONAL SERVICES

12.1. In performance of this contract, the Contractor must provide non-personal health care services as required by the CMOP to support management of their overall mission. This will be based upon the PWS for the specific effort. At no point will this contract or the work environment created by the contract be construed to create an employer/ employee relationship between the VA and the contractor or an individual employed by the contractor.

12.2. Contract providers must not be considered VA employees for any purpose but will be required to meet or exceed VA employee standards of productivity, competency, quality, conduct and protocol for the purpose of contact evaluation. The Contractor, not the Government, must have the duty of overseeing contractor personnel and coordinating performance with the COR or CO. The Contractor must be responsible for all human resource functions for their contract employees. The Contractor must be responsible for ensuring that its contract employees maintain standards of conduct mirroring those prescribed by current Federal Employee Regulations.

12.3. The Government must neither supervise contract providers nor control the method by which the Contractor performs the required tasks. It must be the responsibility of the Contractor to schedule and manage their employees and to guard against any actions that are of the nature of personal services or give the perception of personal services. If the Contractor feels that any actions constitute, or are perceived to constitute personal services, it must be the Contractor’s further responsibility to notify the Contracting Officer immediately.

12.4. These services must not be used to perform work of a policy/decision making or management nature. All decisions relative to programs supported by the Contractor must be the sole responsibility of the Government.

13. INVOICING AND PAYMENT

13.1. Invoicing requirements apply to services/work performed under task orders issued.

13.2. All invoices from the Contractor must be submitted to the addresses listed in Block 18a of Standard Form (SF) 1449 of this document. Invoices must be submitted on a weekly basis.

13.3. Reimbursement must be hourly rates for contract personnel.

13.4. Rates for less than full hourly increments must be paid as a fraction of the hourly rate and in ¼ hour increments.

14. SPECIAL CONTRACT REQUIREMENTS

14.1. Reporting requirements:

14.1.1. Contracting with Parties Listed on the OIG List of Excluded Individual/Entities:

14.1.1.1. In accordance with The Health Insurance Portability and Accountability Act (HIPAA), Sections 1128 and 1128A of the Social Security Act and the Balanced Budget Act (BBA) of 1977, the Office of Inspector General has established a list of parties and entities excluded from Federal health care programs. Specifically, the listed parties and entities may not receive Federal Health Care program payments due to fraud and/or abuse of the Medicare and Medicaid programs.

14.1.1.2. All offerors must review the Office of the Inspector General (OIG) List of Excluded Individuals/Entities on the OIG web site at to ensure that the proposed candidate(s) and/or firm(s) are not listed. Offerors should note that any excluded individual or entity that submits a claim for reimbursement to a Federal health care program, or causes such a claim to be submitted, may be subject to a Civil Monetary Penalty (CMP) of $10,000 for each item or service furnished during a period that the person or entity was excluded and may also be subject to treble damages for the amount claimed for each item or service. CMPs may also be imposed against health care providers and entities that employ or enter into contracts with excluded individuals or entities to provide items or services to Federal program beneficiaries.

14.1.1.3. By signing the solicitation, the Contractor certifies that the OIG List of Excluded Individuals/Entities must be reviewed for each person assigned to the contract by the Contractor prior to that person performing services.

14.1.2. Contractor Compliance with the Immigration and Nationality Act of 1952:

14.1.2.1. The Contractor must 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.

14.1.3. Required Registration with Contractor Performance Assessment Rating System (CPARS):

14.1.3.1. As prescribed in Federal Acquisition Regulation (FAR) Part 42.15, the Department of Veterans Affairs (VA) evaluates Contractor past performance on all contracts that exceed $250,000.00, and shares those evaluations with other Federal Government contract specialists and procurement officials.

14.1.3.2. The Contractor must designate a representative(s) to whom evaluations will be sent automatically and electronically. The Contractor’s representative must have the authority to receive evaluations from the Government; (2) review/comment/return evaluations to the Government; and, (3) request a review from the Government. The Contractor must inform the Contracting Officer, within a reasonable time, upon any changes to the designated Contractor representative. The Contractor’s representative must receive an email letting them know when they are granted access to the system. The Contractor’s representative must receive an additional email when they have an action to view and comment on an assessment. An assessment can only be viewed when it is in the Rated or Completed status. A CPAR Status Report can be run to determine the status of the Contractor’s contracts/assessments. The CPARS website can be found at: https://www.cpars.gov/. Contractors will not have full access to the CPARS website until a CPARS administrator grants the Contractor a user ID and password. Assistance can be obtained by contacting Technical Support at: webptsmh@navy.mil, or by calling (207) 438-1690.

14.1.4. Compliance with VETS-4212 Reporting Requirements:

14.1.4.1. In an effort to promote employment opportunities for America’s Veterans, Congress passed the Vietnam Era Veterans’ Readjustment Assistance Act of 1974, Public Law 93-508. The Act applies to all contracts and subcontracts for personal property and non-personal services (including construction) of $100,000 or more except as waived by the Secretary of Labor.

14.1.4.2. Pursuant to Title 38 U.S.C. § 4212(d), for contracts and subcontracts subject to the Act the Contractor is required to submit annual reports (e.g. Veterans Employment and Training System (VETS)-4212 Report) to the Department of Labor’s (DOL) Veteran’s Employment Reporting database. Except for contracts for commercial items or contracts that do not exceed the simplified acquisition threshold, contracting officers are not to obligate or expend funds appropriated for the agency for a fiscal year to enter into a contract for the procurement of personal property and non-personal services (including construction) with a Contractor that has not submitted a required annual Form VETS-4212, Federal Contractor Veterans’ Employment Report (VETS-4212 Report), with respect to the preceding fiscal year if the Contractor was subject to the reporting requirements of Title 38 U.S.C. 4212(d) for that fiscal year.

14.1.4.3. For questions and information on filing VETS-4212 reports, or registering, contact the VETS-4212 Help Desk at (866)237-0275 or email VETS4212-customersupport@dol.gov.

17.1. Drug Screening

17.1.1. Services provided under this contract are subject to VA’s Drug-Free Workplace Policy. As such, Contractor must be expected to provide personnel consistent with the aim of that policy, i.e., personnel that are drug free. Contractor must be expected to have its own guidelines in place to promote the utilization of drug free personnel, including the ability to administer drug testing on their personnel during situations of “reasonable suspicion” of drug use and testing following any incidents of “accident or unsafe practices”. It is also recommended that Contractor have procedures in place for random drug testing.

17.1.2. All drug testing costs of contract employees must be borne by the Contractor. Contract employee to be placed in a CMOP must be screened for improper use of drugs by the Contractor as part of pre-employment.

17.1.3. Contract employees working at the CMOP are also subject to drug testing when CMOP management has a reasonable suspicion that they use or are impaired by illegal drugs. CMOP must refer such employee to the Contractor for action. Reasonable suspicion of drug use or impairment includes, but is not limited, to the following:

17.1.3.1. Observable phenomena, such as direct observation of drug use, possession or the physical symptoms of being under the influence of a drug.

17.1.3.2. A pattern of abnormal conduct or erratic behavior.

17.1.3.3. Arrest or conviction for a drug-related offense or the identification of contract employee as the focus of a criminal investigation into illegal drug possession, use or trafficking.

17.1.3.4. Newly discovered evidence that the contract employee has tampered with a previous drug test.

17.1.3.5. Falls, accidents, or injuries on federal facility.

17.2. Personal Hygiene and Clothing

17.2.1. Contract personnel must be required to wear apparel that identifies them as a contractor and to distinguish them from government personnel.

17.2.2. In the performance of this contract, contract employees must be neat, clean, well groomed, and must otherwise exercise good personal hygiene, in accordance with the supported CMOP policies. Attire must not interfere with the tasks associated with the job or pose a safety hazard to Contractor employees. Appropriate attire must be worn at all times. The Contractor must be responsible for assuring that contract staff adheres to CMOP dress code to include the wearing of apparel identifying them as a contractor.

17.3. Conflicts of Interest

17.3.1. The Contractor must not employ any person who is an employee of the United States Government if the employment of that person would create a conflict of interest. The Contractor must not employ any person who is an employee of the Department of Veterans Affairs unless such person seeks and receives approval in accordance with VA Regulations and public law.

17.3.2. Local policy and VA ethics process must be followed when the contractor proposes an employee that is related to a member of VA staff family or contractor staff.

17.4. HIPAA Compliance

17.4.1. As a covered entity, the Department of Veterans Affairs (VA) is required by law to obtain satisfactory assurance of a Business Associate that the Business Associate appropriately safeguards protected health information it receives or creates on behalf of the covered entity. Contractors and any subcontractors must adhere to the provisions of Public Law 104-191, Health Insurance Portability and Accountability Act (HIPAA) of 1996 to include the Administrative Simplification Provisions of the law and associated rules and regulations published by the Department of Health and Human Services (HHS). The Contractor must comply with all HIPAA- related rules and regulations to include Electronic Transactions, the Standards for Privacy of Individually Identifiable Health Information, and the Security Standards. This includes both the Privacy and Security Rules published by the Department of Health and Human Services (HHS). As required by HIPPA, HHS has promulgated rules governing the use and disclosure of protected health information by covered entities. The covered entity component of the Department Veterans Affairs is the Veterans Health Administration (VHA). In accordance with HIPAA, the Contractor must be required to enter into a Business Associate Agreement (BAA) with VHA.

17.4.2. Business associates must follow VHA privacy policies and practices. All Contractors and business associates must receive privacy training annually. For Contractors and business associates who do not have access to VHA computer systems, this requirement is met by completing VHA National Privacy Policy training, other VHA approved privacy training or Contractor furnished training that meets the requirements of HHS Standards for Privacy of Individually Identifiable Health information as determined by VHA. For Contractors and business associates who are granted access to VHA computer systems, this requirement is met by completing VHA National Privacy Policy training or other VHA approved privacy training. Proof of training is required.

17.4.3. Any violation of HIPAA must be reported to the CMOP Privacy Officer in writing within twenty-four (24) hours of the Contractor’s discovery of an occurrence. Included in the report will be a description of the occurrence, patient names (if known), location, date and time. A copy of any filed police report must be provided by the Contractor to the CMOP Privacy Officer within twenty-four (24) hours of completion.

17.5. Confidentiality of Patient Records: Comment by Zaritz, Larry M.: Will they have access to patient info?

17.5.1. The Contractor is a VA Contractor and will assist in the provision of health care to patients seeking such care from or through VA. As Such, the Contractor is considered as being part of the Department Health Care Activity. The Contractor is considered to be a VA Contractor for purposes of Title 5 U.S.C. 552a (Privacy Act). Further, for the purpose of VA records access and patient confidentiality, the Contractor is considered to be a VA Contractor for the following provisions: Title 38 U.S.C. 5701, 5705, and 7362. Therefore, the Contractor may have access, as would other appropriate components of the VA, to patient medical records including patient treatment records pertaining to drug and alcohol abuse, HIV, and sickle cell anemia, to the extent necessary to perform its contractual responsibilities. However, like other components of the Department, and not withstanding any other provisions of the sharing agreement, the Contractor is restricted from making disclosures of VA records, or information contained in such records, to which it may have access, except to the extent that explicit disclosure authority from VA have been received. The Contractor is subject to the same penalties and liabilities for unauthorized disclosures of such records as VA. The records referred to above must be and remain the property of VA and must not be removed or transferred from VA except in accordance with U.S.C.552a (Privacy Act), 38U.S.C.5701 (Confidentiality of claimants’ records), 5 U.S.C.552(FOIA), 38 U.S.C.5705 (Confidentiality of Medical Quality Assurance Records) 38 U.S.C.7332 (Confidentiality of certain medical records) and federal laws, rules and regulations. Subject to applicable federal confidentiality or privacy laws, the Contractor, or their designated representatives and designated representatives of federal regulatory agencies having jurisdiction over Contractor, may have access to VA’s records, at VA’s place of business on request during normal business hours, to inspect and review and make copies of such records.

17.5.2. Patient lists, names of patients, and any information concerning patients, are considered privileged information and must not be disclosed or revealed in any way for use outside the VA. The Contractor is subject to the same penalties and liabilities for unauthorized disclosures of such information as the VA. Patient privacy must be adhered to through compliance with Federal law and VA policy at all times.

17.6. Facsimile (FAX) Privacy Statement

17.6.1. Should the Contractor require the use of facsimile communication during the life of the contract, the VA requires the following statement on all fax cover sheets be included:

This fax is intended only for the use of the person or office to which it is addressed and may contain information that is privileged, confidential, or protected by law. All others are hereby notified that the receipt of this fax does not waive any applicable privilege or exemption for disclosure and that any dissemination, distribution, or copying of this communication is prohibited. If you have received this fax in error, please notify this office immediately at the telephone number listed above.

17.7. Contractor Personnel Security Requirements

17.7.1. All Contractor employees who require access to the Department of Veterans Affairs’ computer systems must be the subject of a background investigation. This requirement is applicable to all subcontractor personnel requiring the same access. If the investigation is not completed prior to the start date of the contract, the contractor will be responsible for the actions of those individuals they provide to perform the work for VA under this contract

17.7.2. Position Sensitivity – The position sensitivity has been designated as LOW RISK.

17.7.3. Background Investigation – The level of background investigation commensurate with the required level of access is National Agency Check with Written Inquiries.

17.7.4. The contractor must bear the expense of obtaining background investigations. If the investigation is conducted by the Office of Personnel Management (OPM), the contractor must reimburse VA within 30 days from receipt of a bill of collection.

17.7.5. The Contractor must prescreen all personnel requiring access to the computer systems to ensure they maintain a U.S. citizenship, or are otherwise lawfully admitted to, and working in the United States, and are able to read, understand, speak and write English fluently.

17.7.6. After award and prior to contract performance, contractor will submit to the Contracting Officer a list of names of contractor personnel.

17.7.7. Contractor must notify the Contracting Officer prior to changing/adding new contract personnel by submitting the above information.

17.7.8. The Contractor or…