C03 - 36C246-22-C-0059 - A2A INTEGRATED LOGISTICS - PHLEBOTOMY STAFFING SVC.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. DUNS: DUNS+4:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. 36C24622Q0360 OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. 2/2012)

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

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 64

36C246-22-C-0059 06/01/2022 558-C20304

757-728-7083

36C246

Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667

X 100

X

561320

$30 Million

X

N/A

X

Department of Veterans Affairs Durham VA Health Care Systems 508 Fulton Street

Durham, NC 27705

Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667

6HR51

A2A Integrated Logistics Inc.

1830 Owen Drive Suite 10-2 Fayetteville, NC 28301

(740) 294-7261 968913900

Department of Veterans Affairs Financial Services Center

PO BOX 149971

Austin TX 78714-9971

Phlebotomy Staffing Service for Durham VA Health Care Systems

Contractor to provide On-Site Six1 (6) Certified Phlebotomists i in accordance with B.3 Performance Work Statement (PWS).

Please see B.2 Schedule of Services located on pages 5 for additional details.

Please use Purchase Order Number 558-C20304 on all Invoices for the Base Year period only. New Obligation Number will be provided at the time each option year is exercised.

Base Year Period of Performance: 06/01/2022 through 05/31/2023

$360,048.00558-3620160-044-822300-C20304-2560-010022300

X X X 1

03/25/2022

Mario L. Santiago Contracting Officer

Warren O’Bryant, Administrative Contracting Officer

Anthony L Bryant, CEO 26 May 2022

36C246-22-C-0059

Table of Contents

SECTION A

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

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 SCHEDULE OF SERVICES

B.3 PERFORMANCE WORK STATEMENT

SECTION C - CONTRACT CLAUSES

C.1 52.252-2 – CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.2 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION

SYSTEM (NOV 2021)

C.3 52.216-18 ODERING (AUG 2020)

C.4 52.216-19 ORDERING LIMITATIONS (OCT 1995)

C.5 52.216-21 REQUIRMENTS (OCT 1995)

C.6 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.7 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

C.8 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

C.9 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION

OF COMMERCIAL ITEMS (APR 2020)

C.10 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED

SMALL BUSINESS SET-ASIDE (JUL 2019) (DEVIATION)

C.11 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

C.12 VAAR 852.219-77 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING-

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (SEP 2021)

(DEVIATION)

C.13 VAAR 852.237-75 KEY PERSONNEL (OCT 2019)

C.14 CL-20 SUPPLEMENTAL INSURANCE REQUIREMENTS

C15 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

C.16 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (MAY 2022)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 – Quality Assurance Surveillance Plan (QASP)

D.2 WAGE DETERMINATION

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: Name: Anthony L. Bryant / Title: Owner and President email: tbryant@a2a-logistics.com. / Phone: (973) 527-5299

b. GOVERNMENT: Contracting Officer 36C246

Contracting Officer 36C246 Administrative Contracting Officer Mario L. Santiago Warren O’Bryant 757-251-4254 / mario.santiago@va.gov 757-728-7083 / warren.o’bryant@va.gov Department of Veterans Affairs Department of Veterans Affairs Network Contracting Office 6 Network Contracting Office 6 100 Emancipation Drive 100 Emancipation Drive Hampton VA 23667 Hampton VA 23667

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

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Monthly in Arrears / NTE 1 Invoice Per Month

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. Shall be submitted Electronically To:

Department of Veterans Affairs Financial Services Center

PO BOX 149971

Austin TX 78714-9971 mailto:tbryant@a2a-logistics.com mailto:mario.santiago@va.gov mailto:mohamed.shakur@va.gov

B.2 SCHEDULE OF SERVICES

The Department of Veterans Affairs Durham VA Health Care, NC intends to award a Firm- Fixed Price (FFP) contract for a total of six (6) Certified Phlebotomist to provide services IWA the Performance Work Statement contained herein at Durham VA Health Care Systems, 508 Fulton Street, Durham, NC 27705.

No payment will be made for the scheduled 30-minute lunch break. Contract rate is all-inclusive of all incidental costs including housing, transportation, and premium payments for applicable malpractice insurance coverage for all required services for the contract period. Durham VA Health Care reserves the right to terminate the contract with a thirty (30) day written notice to the contractor in the event a permanent VA employee is hired, or services are no longer needed.

Award is contingent upon the selected candidate being able to begin working within ten (10) days of the completion of Credentialing & Privileging and background investigation process.

Notes:

1. All invoices will include the following statement. “The contractor is certifying that the hours billed are the exact hours worked by the said contracted staff”.

2. The parties acknowledge and agree that 12,480 hours of Phlebotomy Staffing Services shall be provided by the contractor. The Phlebotomist shall provide services at the Durham VA Health Care Systems in accordance with the schedule determined by Service Chief and Lab Manager of Durham VA Health Care Systems. The Contractor shall provide a minimum of six (6) appropriately qualified and credentialed Phlebotomists to be available for scheduling to meet the requirements of the contract. Two (2) additional candidates will need to be prescreened to be use a replacement candidates in case of absence or leave.

One (1) FTE is defined by VA as a minimum of eighty (80) hours every two (2) weeks per year and does not included holidays.

Base Period of Performance: 1 June 2022 through to 31 May 2023

Option Year 1: 1 June 2023 through to 31 May 2024

Total Cost for Base Year and All Option Years: $720,096.00

CLIN

No. Description Est.

Qty. Unit Unit Cost Total Annual Cost

Certified Phlebotomist On- Site Staffing Services for Durham VA Health Care System, 508 Fulton Street, Durham, NC

12,480 Hours $ 28.85 $360,048.00

BASE YEAR TOTAL COST $ 360,048.00

CLIN

No. Description Qty. Unit Unit Cost Total

Annual Cost

Certified Phlebotomist On- Site Staffing Services for Durham VA Health Care System, 508 Fulton Street, Durham, NC

12,480 Hours $ 28.85 $ 360,048.00

OPTION YEAR-1 TOTAL COST $360,048.00

B.3 PERFORMANCE WORK STATEMENT

1. GENERAL:

1.1. Services Provided: The Contractor shall provide Certified Phlebotomist for the On-Site

Phlebotomy Staffing Service in accordance with the specifications contained herein to beneficiaries of the Department of Veterans Affairs (VA) and the Durham VA Health Care System.

1.2. Place of Performance - Contractor shall furnish services at the Durham VA Health Care

System, 508 Fulton Street, Durham, NC 27705.

1.3. Authority: Heath care Resources (HCR) Title 38 USC 8513, Healthcare Resources Contracting - Buying and in combination with FAR Parts 8, Required Sources of Supplies & Services.

1.4. Policy/Handbooks: the contractor shall be subject to the following policies, including any subsequent updates during the period of performance:

1.4.1. VA Directive 1663: Health Care Resources Contracting - Buying https://www1.va.gov/vapubs/viewPublication.asp?Pub_ID=969&FType=2 VHA Directive 1220: Facility Procedure Complexity Designation Requirements to Perform Invasive Procedures in Any Clinical Setting https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=8365

1.4.2. VHA Directive 1192 “Seasonal Influenza Prevention Program” https://www.publichealth.va.gov/docs/flu/VHA_Directive_1192_Sep

1.4.3. VHA Handbook 1100.18 Reporting and Responding to State Licensing Boards – https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=1364

1.4.4. VHA Handbook 1100.19 Credentialing and Privileging –

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

1.4.5. VHA Handbook 1907.01 Health Information Management and Health Records:

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

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

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

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

1.4.8. NARA Records Management Language for Contracts (May 2017) https://www.archives.gov/records-mgmt/handbook/records-mgmt-language.html.

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

1.5.1. ACO: Administrative Contracting Officer

1.5.2. AOD: Admitting Officer of the Day

1.5.3. AHA: American Heart Association

1.5.4. BLS: Basic Life Support

1.5.5. CDC: Centers for Disease Control and Prevention

https://www1.va.gov/vapubs/viewPublication.asp?Pub_ID=969&FType=2 https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=8365 https://www.publichealth.va.gov/docs/flu/VHA_Directive_1192_Sep https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=1364 https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=2910 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/vapubs/viewPublication.asp?Pub_ID=969&FType=2 https://www.archives.gov/records-mgmt/handbook/records-mgmt-language.html

1.5.6. CDR: Contract Discrepancy Report

1.5.7. CEU: Certified Education Unit

1.5.8. CME: Continuing Medical Education

1.5.9. CMS: Centers for Medicare and Medicaid Services

1.5.10. 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.

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

1.5.12. COS: Chief of Staff

1.5.13. CPARS: Contractor Performance Assessment Reporting System

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

1.5.15. DEA: Drug Enforcement Agency

1.5.16. ED: Emergency Department

1.5.17. EHR: Electronic Health Records system used by the VA Medical Centers

1.5.18. Full Time Equivalent (FTE): VA’s definition for full time working the equivalent of (80) hours every two (2) weeks, 2080 hours per year. In calculating FTE, any hours not worked on national holidays shall not be included.

1.5.19. HHS: Department of Health and Human Services

1.5.20. HIPAA: Health Insurance Portability and Accountability Act

1.5.21. HR: Human Resources

1.5.22. ISO: Information Security Officer

1.5.23. JPSR: Joint Patient Safety Report

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

1.5.25. MOD: Medical Officer of the Day

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

1.5.27. NP: Nurse Practitioner

1.5.28. P&LMS: Pathology and Laboratory Medicine Service

1.5.29. PA: Physician Assistant

1.5.30. POP: Period of Performance

1.5.31. PWS: Performance Work Statement

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

1.5.33. QA/QI: Quality Assurance/Quality Improvement

1.5.34. QM/PI: Quality Management/Performance Improvement

1.5.35. QASP: Quality Assurance Surveillance Plan

1.5.36. TJC: The Joint Commission

1.5.37. 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.

1.5.38. Veterans Integrated Services Network (VISN): The regional oversight for the VA Medical Centers.

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

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

1.5.41. Veterans Affairs Medical Center (VAMC): Unless identified with the name of a different VA medical Center, for purposes of this contract, this term shall mean the Durham VA Medical Center.

1.5.42. VR&E: Vocational Rehabilitation and Employment.

2. QUALIFICATIONS:

2.1. Staff / Facility

2.1.1. Experience: The Contractor’s Phlebotomist (s) assigned by the Contractor to perform the services covered by this contract shall have a should have one (1) year of specialized experience performing Phlebotomy and other specimen collection procedures, accessioning and specimen prep within a clinical laboratory or medical center setting.

Documentation showing proof that all persons are compared against and are not listed on the OIG excluded parties list and proof of insurance shall be provided by the Contractor.

2.1.2. Board Certification - All contractor’s Phlebotomist (s) shall be Certified by the completion of Completion of a post-high school Phlebotomy Training Program at an accredited business or technical school, community college or university for which high school graduation or equivalency is the normal prerequisite.

Certification from an approved Phlebotomy Training Program by the National Phlebotomy Association (NPA), ASPT, ASCP or other equivalent certification agency is and be currently certified in American Heart Associate (AHA) or the

American Red Cross Basic Life Support (BLS) certification. Documentation verifying current certification shall be provided by the Contractor to the VA COR on an annual basis for each year of contract performance.

2.1.3. Credentialing and Privileging –Credentialing and privileging is to be done in accordance with the provisions of VHA Handbook 1100.19 referenced above. The Contractor is responsible to ensure that proposed Phlebotomist(s) possesses the requisite credentials enabling the granting of privileges. No services shall be provided by any Contractor’s Phlebotomist (s) prior to obtaining approval by the (Durham VA Health Care Systems) Professional Standards Board, Medical Executive Board and Medical Center Director.

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

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

2.1.5. Continuing Medical Education (CME)/ Certified Education Unit (CEU) Requirements: Contractor shall provide the COR copies of current CMEs as required or requested by the VAMC. Contractor’s Phlebotomist (s) registered or certified by national/medical associations shall continue to meet the minimum standards for CME to remain current. Contractor shall report CME hours to the credential’s office for tracking.

These documents are required for both privileging and re-privileging. Failure to provide shall result in loss of privileges for contract Phlebotomist(s).

2.1.6. Training (ACLS, BLS, CPRS and VA MANDATORY): Contractor shall meet all VA educational requirements and mandatory course requirements defined herein;

all training must be completed by the Contractor’s Phlebotomist (s) as required by the VA. Other training may become required. VA will communicate any changes to the training requirement to the contractor.

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

Frequency (once a year, etc.) Annual Hours

Active Threat Training Every 1 Year 1 Hour Government Ethics Every 1 Year 1 Hour Prevention of Workplace Harassment/No Fear Act

Every 1 Year 1 Hour

VA Core Values Training (ICARE Recommitment)

Every 1 Year 1 Hour

VA Privacy and Information Security Awareness and Rules of Behavior

Every 1 Year 1 Hour

Privacy and HIPAA Training Every 1 Year 1 Hour American Heart Association (AHA) or American Red Cross

BLS

Every 2 Years 3 to 8 Hours

Prevention/Management of Disruptive Behavior/Violence Prevention

Every 2 Years 8 Hours

Suicide Prevention: Suicide Risk Management Training for Clinicians

Every 1 Year 1 Hour

Safety Training Every 1 Year 30 Minutes Respiratory Protection Training Every 1 Year 30 Minutes Whistle Blower Rights Every 1 Year 1 Hour Influenza & Hand Hygiene Training

Every 1 Year 20 Hours

Latex Allergy Gloves Training Every 1 Year 30 Minutes Telephone Courtesy and Customer Service Training

Every 1 Year 30 Minutes

VA Records Officers and Liaisons

Every 1 Year 1 Hour

List other Training per local facility

Courses to be assigned in TMS as required.

Contractor shall provide to the COR a copy of the training certificates for each applicable employee within one (1) week of the initiation of the contract and annually thereafter, as required. These online courses listed above are located at the following web site: https://www.tms.va.gov/plateau/user/login.jsp. Detail instructions on account setup will be provided to the successful offeror upon contract award. Failure to complete this mandatory training listed above within the timeframe required shall be grounds for suspension or termination of all physical and/or electronic access privileges and removal from work on the contract until such time as the training is completed.

2.1.7. Standard Personnel Testing (PPD, etc.): Contractor shall provide proof of the following tests for Phlebotomists 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.

https://www.tms.va.gov/plateau/user/login.jsp

2.1.7.1. TUBERCULOSIS TESTING: Contractor shall provide proof of a negative Tuberculosis Skin Test (TST) or interferon-gamma release assays (IGRA) for all Contractor’s Phlebotomist (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.

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

2.1.7.3. VARICELLA: Contractors shall provide proof of immunity for all

Contractor Phlebotomist (s) {This is applicable to all health care workers}.

2.1.7.4. ACELLULAR PERTUSSIS: Contractors shall provide proof of 1 dose of

Tdap vaccination for all Contractor Phlebotomist (s) {This is applicable to all health care workers}.

2.1.7.5. INFLUENZA: Contractors shall provide proof that all Contractor

Phlebotomist (s) have received the annual Influenza vaccine unless it is contraindicated. If the Contractor Phlebotomist has a medical contraindication to the vaccine, they shall be required to wear a mask during the Influenza season. {This is applicable to all health care workers}.

2.1.7.6. 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 Phlebotomist (s) {This is applicable to all health care workers}; provide their own Hepatitis B vaccination series and hepatitis B surface antigen test results following the hepatitis B vaccination series;

maintain an exposure determination and control plan; maintain required records; and ensure that proper follow-up evaluation is provided following an exposure incident.

2.1.7.7. The Contractor shall provide the COR with certification that the

Phlebotomist(s) have completed the medical evaluation required above, including the Color Vision Test, minimum of five (5) calendar days prior to performance of the contracted service. This certification shall state the date the examination was completed, the doctor’s name, who performed the examination, a statement concerning the physical health of the individual and the following statement: [name of Phlebotomist], is suffering from NO contagious diseases to include but not limited to:

Tuberculosis, Hepatitis and Venereal Disease.

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

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

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

2.1.9. DEA (is required, unrestricted): Contractor shall provide copy of current DEA certificate.

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

2.1.11. Citizenship related Requirements:

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

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

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

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

2.1.11.4. This certification concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under 18 U.S.C. 1001.

2.1.11.5. 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.

2.2. Annual Office of Inspector General (OIG) Statement: In accordance with HIPAA and the Balanced Budget Act (BBA) of 1977, the Department of Health and Human Services (HHS) Office of Inspector General (OIG) 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.

2.2.1. Therefore, Contractor shall review the HHS OIG List of Excluded Individuals/Entities on the HHS OIG web site at http://oig.hhs.gov/exclusions/index.asp to ensure that the proposed contractor’s Phlebotomist (s) are not listed. Contractor 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) for each item or service furnished during a period that the person was excluded and may also be subject to treble damages for the amount claimed for each item or service. CMP’s may also be imposed against the Contractor that employ or enter contracts with excluded individuals to provide items or services to Federal program beneficiaries.

2.2.2. By submitting their QUOTE, the Contractor certifies that the HHS OIG List of

Excluded Individuals/Entities has been reviewed and that the Contractors are and/or firm is not listed as of the date the offer/bid was signed.

2.3. 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 1100.19. Clinical / Professional performance monitoring and review of all clinical personnel covered by this contract for quality purposes will be provided by the VAMC COS and/or the Chief of the Service 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.

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

2.5. 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.

2.6. Prohibition Against Self-Referral: Contractor’s Phlebotomist (s) are prohibited from referring VA patients to contractor’s or their own practice(s).

2.7. Inherent Government Functions: Contractor and Contractor’s Phlebotomist (s)) shall not perform inherently governmental functions. This includes, but is not limited to, determination of agency policy, determination of Federal program priorities for budget requests, direction and control of government employees (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.

http://oig.hhs.gov/exclusions/index.asp

2.8. No Employee status: The Contractor shall be responsible for protecting Contractor’s Phlebotomist (s) staff furnishing the 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:

2.8.1 Workers’ compensation

2.8.2 Professional liability insurance

2.8.3 Health examinations

2.8.4 Income tax withholding, and

2.8.5 Social security payments.

2.9. Tort Liability: The Federal Tort Claims Act does not cover Contractor or Contractors

Phlebotomist (s). When a Contractor or Contractor’s Phlebotomist (s) has been identified as a provider in a tort claim, the Contractor shall be responsible for notifying their legal counsel and/or insurance carrier. Any settlement or judgment arising from a Contractor’s (or Contract Phlebotomist (s)) action or non-action shall be the responsibility of the Contractor and/or insurance carrier.

2.10. Key Personnel:

2.10.1. The VA Full Time Equivalency (FTE) for the services required is one (1) FTE is defined by VA as a minimum of eighty (80) hours every two (2) weeks and does include holidays.

2.10.2. The minimum number of Certified Phlebotomist(s) to provide Phlebotomy

Staffing Services required to be On-Site on- a- daily basis is six (6) as defined in paragraph Hours of Operation in this section.

2.10.3. It is essential that continuity of services is maintained to the maximum degree possible hence, substitution of contractor provided Phlebotomists shall be limited to urgent/emergent absences of approved, assigned providers. 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 Phlebotomist is unable to begin or complete an assigned shift, the contractor shall provide replacement Phlebotomist coverage within two (2) hours and notify the Contracting Office Representative (COR) at the (Durham VA Healthcare Systems) immediately of the schedule change.

2.10.4. 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 two (2) calendar days after the occurrence of any of these events and provide the information required below. After ninety (90) days the Contractor shall submit the information required below to the CO at least sixty (60) calendar days prior to making any permanent substitutions.

2.10.5. 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 fifteen (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.

2.10.6. 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.

2.10.7. 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 COS or designee show documented clinical problems or continual unprofessional behavior/actions with any Contractor’s Phlebotomist (s), s/he may request, without cause, immediate replacement of said Contractor’s Phlebotomist (s). The CO and COR shall deal with issues raised concerning Contractor’s Phlebotomist(s) conduct. The final arbiter on questions of acceptability is the CO.

2.10.8. Contingency Plan: Because continuity of care is an essential part of VAMC’s medical services, The Contractor shall have a contingency plan in place to be utilized if the Contractor’s Phlebotomist(s) leaves Contractor’s employment or is unable to continue performance in accordance with the terms and conditions of the resulting contract.

3. HOURS OF OPERATION

3.1. VA Business Hours: From 7:00 AM to 7:00PM and 7:00PM to 7:00AM, 365 days a year.

3.1.1. Work Schedule: Three shifts (8) hours coverage Contractor to provide enough personnel to cover seven (7) days a week to include holidays, 365 days a year.

3.1.2. Federal Holidays: The following holidays are observed by the Department of

Veteran Affairs:

• New Year’s Day

• Martin Luther King’s Birthday

• President’s Day

• Memorial Day

• Juneteenth

• Independence Day

• Labor Day

• Columbus Day

• Veterans Day

• Thanksgiving

• Christmas

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

3.1.3. Patients must be seen by a contractor’s Phlebotomist (s) on-site at Durham VA

Health Care Systems in a timely manner in accordance with VA Rules and Regulations on clinic wait times and consult completion. Contractor shall notify the COR at least monthly about any obstacles to meeting this performance measure.

3.1.4. Contractor’s Phlebotomist (s) shall be available and present in clinic during normal Durham VA Health Care clinic hours, Durham VA Health Care Systems which will be established, and may be revised, as deemed appropriate for patient care by the Chief of Staff. Currently, normal evening clinic hours are from 7:00 PM to 7:00AM.

3.2. Off-hours Coverage: Not Required.

4. CONTRACTOR RESPONSIBILITIES

4.1. Services Required: The Contractor shall provide Certified Phlebotomist(s) who are competent, qualified per this performance work statement and adequately trained to perform assigned duties.

4.1.1. The Phlebotomist(s) shall be responsible for accurately identifying patients, obtaining the proper specimens, recognizing, and immediately reporting adverse patient reaction to venipuncture procedures to appropriate VA personnel.

4.1.2. Phlebotomist(s) shall be responsible for processing laboratory specimens, computer related functions such as accessioning specimens and other related tasks. Phlebotomist(s) shall refer problems/inquiries to VA team leaders or supervisors.

4.1.3. Phlebotomist(s) shall follow hospital and laboratory policies and procedures, including safety and computer policies.

4.2. Standards of Care: The Contractor’s Phlebotomist(s) care shall cover the range of service and the standard of care shall be of a quality, meeting or exceedingly currently recognized national standards as established by:

4.2.1. The National Phlebotomy Association Phlebotomy Certification:

www.nationalphlebotomy.org/Certified_Phlebotomist.

4.2.2. VA Standards: VHA Directive 2006-041 “Veterans’ Health Care Service

Standards” (expired but still in effect pending revision) https://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=1443.

4.2.3. The professional standards of The Joint Commission (TJC) http://www.jointcommission.org/emergency_department/.

4.2.4. The requirements contained in this PWS.

4.3. MEDICAL RECORDS

4.3.1. Authorities: Contractor’s Phlebotomist(s) providing healthcare services to VA patients shall be considered as part of the Department Healthcare Activity and shall comply with the 5 U.S.C.552a (Privacy Act), 38 U.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), Title 5 U.S.C. § 522a (Records Maintained on Individuals) as well as 45 C.F.R. Parts 160, 162, and 164

(HIPAA).

4.3.2. HIPAA: This contract and its requirements meet exception in 45 CFR 164.502(e), and do not require a BAA in order for Covered Entity to disclose Protected Health Information to: a health care provider for treatment of VA patients. Based on this exception, a BAA is not required for this contract. Health records generated by this contract or provided to the Contractors by the VA are covered by the VA Privacy Act system of records entitled ‘Patient Medical Records-VA’ (24VA10A7). Contractor generated VA Patient records are the property of the VA and shall not be accessed, released, transferred, or destroyed except in accordance with applicable laws and regulations. Contractor shall ensure that all records pertaining to medical care and services provided to VA patients are captured in the VA electronic health record system as required by VA policy as discussed in 4.4.4

4.3.3. Disclosure: Contractor’s Phlebotomist(s) may have access to patient medical records for the purpose of providing medical care and services to VA patients and performing services under the contract. VA authorizes the Contractor to discuss patient health information for coordination of care with community health care providers in compliance with VA regulations, HIPAA and VHA Directive 1605.01, Privacy and Release of Information. The VA will provide the Contractor with a copy of VHA Handbook 1907.01, Health Information Management and Health Records and VHA Directive 1605.1, Privacy and Release of Information. The penalties and liabilities for the unauthorized disclosure of VA patient information mandated by the statutes and regulations mentioned above, apply to the Contractor.

http://www.nationalphlebotomy.org/Certified_Phlebotomist https://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=1443 http://www.jointcommission.org/emergency_department/

4.3.3. Professional Standards for Documenting Care: Care shall be appropriately documented in medical records in accordance with standard commercial practice and guidelines established by VHA Handbook 1907.01 Health Information Management and Health Records:

http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=2791 and all guidelines provided by the VAMC.

4.3.4. Release of Information: The VA shall maintain control of releasing any copies of patient health information or health records and will follow policies and standards as defined, but not limited to Privacy Act requirements.

Contractor will not release or disclose copies of records and will refer all such requests to the Release of Information Department at the VA facility were assigned.

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

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

4.3.5.2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

4.3.5.3. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

4.3.5.4. Department of Veterans Affairs and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=2791

Department of Veterans Affairs or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to Department of Veterans Affairs. The agency must report promptly to NARA in accordance with 36 CFR 1230.

4.3.5.5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records, or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity.

When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to Durham VA Health Care Systems control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

4.3.5.6. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and Durham VA Health Care Systems guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

4.3.5.7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with Durham VA Health Care Systems policy.

4.3.5.8. The Contractor shall not create or maintain any records containing any non-public Durham VA Health Care Systems information that are not specifically tied to or authorized by the contract.

4.3.5.9. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

4.3.5.10. The Durham VA Health Care Systems owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S.