RFI EEG Technician Services for VALBHS.docx

36C26223Q1323

THIS REQUEST FOR INFORMATION (RFI) – SOURCES SOUGHT IS ISSUED SOLELY FOR MARKET RESEARCH AND PLANNING PURPOSES ONLY AND DOES NOT CONSTITUTE A SOLICITATION For: Contracted Electroencephalography (EEG) Technician Services for Veterans Affairs Long Beach Healthcare System (VALBHS)

1. Responses to this Sources Sought must be in writing. The purpose of this Sources Sought Announcement is for market research only to make appropriate acquisition decisions and to gain knowledge of Small Business Capability, including Service-Disabled Veteran Owned Small Businesses and Veteran Owned Small Businesses (SDVOSB/VOSB) interested and capable of performing the work. After review of the responses to this sources sought, a solicitation announcement may be published on Contract Opportunities in Sam.gov. Responses to this sources sought are not considered adequate responses to an impending solicitation posted to Sam.gov. All interested offerors will need to respond to that solicitation.

2. The NAICS for this requirement is 622310 – Specialty (except Psychiatric and Substance Abuse) Hospitals.

3. Interested and capable Contractors should respond to this notice not later than 10:00 a.m. Pacific Daylight Time (PDT), 07/05/2023, via email only to Corina Simona Hinsley at Corina.Hinsley@va.gov.

Please provide the following:

(a) company name

(b) address

(c) point of contact

(d) phone and email of primary point of contact

(e) DUNS number

(f) Type of small business, if applicable, (e.g. Services Disabled Veteran Owned small Business (SDVOSB), Veteran-owned small business (VOSB), 8(a), HUB-Zone, Women Owned Small Business, Small disadvantaged business, or Small Business).

(g) A capability statement that addresses the organization’s qualifications and ability to perform as a contractor specifically for the work described in the attached DRAFT Statement of Work (SOW). Respondents are also encouraged to provide specific examples (e.g. contract number, point of contact information) of the Contractor’s experience providing the same or similar services to that described in the attached DRAFT SOW.

36C26223Q1323

4. SDVOSB/VOSB respondents.

a) If respondent is VOSB or SDVOSB, respondent is encouraged to provide proof of SBA Veteran Small Business Certification (VetCert) site Veteran Small Business Certification (sba.gov). In addition, SDVOSB/VOSB Contractors are asked to acknowledge that they understand the limitations on sub-contracting pursuant to FAR 52.219-14, Limitations on Sub-Contracting, which will be included in the impending solicitation. Further, SDVOSB/VOSB contractors are asked to respond that they are capable of providing the requested services keeping within the parameters of this clause.

b) Small businesses, including SDVOSB/VOSBS are also advised that per 13 CFR, §

125.6 the prime contractor's limitations on subcontracting are as follows:

1) General. In order to be awarded a full or partial small business set-aside contract with a value greater than $150,000, an 8(a) contract, an SDVOSB contract, a HUBZone contract, a WOSB or EDWOSB contract pursuant to part 127 of this chapter, a small business concern must agree that:

2) In the case of a contract for services (except construction), it will not pay more than 50% of the amount paid by the government to it to firms that are not similarly situated. Any work that a similarly situated subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded.

5. Required Services. The intent of this contract is to provide Veterans with EEG Technician Services to augment current department staffing in accordance with terms and conditions within this DRAFT Statement of Work (SOW). The Contractor’s EEG technician(s) shall provide both Veteran-inpatient and outpatient care to eligible beneficiaries of the Department of Veterans Affairs, VALBHS. The Contractor’s Technician(s)’ care shall cover the range of EEG technician services as would be provided in a state-of-the-art medical treatment facility. Contract personnel shall only be paid for actual hours worked. Contract personnel shall be present at the VALBHS during the required working hours and be performing the required services identified. Scheduling for other than normal working tour of duty will be as needed by the Chief, Neurology.

6. Please note that if VA’s pending market research establishes that two or more VOSB or SDVOSB, who are certified in SBA Veteran Small Business Certification (VetCert) site Veteran Small Business Certification (sba.gov), can provide the services, VA will set aside the underlying solicitation per 38 U.S.C. §8127.

7. All Offerors who provide goods or services to the United States Federal Government must be registered in the System for Award Management (SAM) database found at https://www.sam.gov. Registration must include Representations and Certifications.

8. The intended contract period will be for a base year and up to four (4) one-year option periods with the base period of performance anticipated to be from September 13, 2023 – September 12, 2028.

DRAFT Statement of Work (SOW) Electroencephalography (EEG) Technician Services for Veterans Affairs Long Beach Healthcare System (VALBHS)

1. BACKGROUND. The Department of Veteran Affairs (VA) seeks to establish a contract to provide Electroencephalography Technician (herein EEG Technician) Services to the Veterans Affairs Long Beach Healthcare System (VALBHS), Medical Service, Neurology Department for routine services, on-call and call-back services. The Contractor shall provide a range of EEG Technician Services typically seen in a civilian healthcare facility in accordance with the specifications and requirements contained herein. A contractor providing onsite EEG technician services shall provide services that meet or exceed the American Board of Registration of Electroencephalographic and Evoked Potential Technologists (ABRET) guidelines.

2. PLACE OF PERFORMANCE. Services shall be provided on site, VALBHS; Medical Service; Neurology Section; 5901 East Seventh St.; Long Beach, CA 90822

3. GENERAL. The Contractor shall provide EEG Technician Services to augment current department staffing in accordance with terms and conditions within this Statement of Work (SOW). The Contractor’s EEG technician(s) shall provide both Veteran-inpatient and outpatient care to eligible beneficiaries of the Department of Veterans Affairs, VALBHS. The Contractor’s Technician(s)’ care shall cover the range of EEG technician services as would be provided in a state-of-the-art medical treatment facility. Contract personnel shall only be paid for actual hours worked. Contract personnel shall be present at the VALBHS during the required working hours and be performing the required services identified. Scheduling for other than normal working tour of duty will be as needed by the Chief, Neurology.

4. QUALIFICATIONS. The Contractor shall offer qualified Contract EEG Technicians that meet or exceed the educational and experience requirements herein. The qualifications of such Contract EEG Technician personnel shall be subject to review by the VALBHS Director of EEG Labs or Designee of EEG Labs. Only Contract EEG Technicians approved by the VALBHS Director of EEG Labs or Designee shall be allowed to perform under the resultant Contract. Contract EEG technicians shall meet the following criteria:

4.1. Education.

4.1.1. High School Diploma or GED (General Equivalency Degree).

4.1.2. Completion of a 2-year course of study in EEG Technology and Clinical Neurophysiology.

4.2. Certification/ License.

4.2.1. Contract EEG Technician(s) shall be Board-certified with ABRET.

4.3. Specific Tasks.

4.3.1. Contract EEG technicians shall be able to operate electroencephalographs machines used to measure and record electrical activity of brain waves via electrodes secured to the Veteran-patient's scalp. Contract EEG technicians shall use these devices to administer tests called electroencephalograms (EEG’s), which may then detect brain disorders or damage.

4.3.2. Contract EEG technicians shall use these tests to monitor Veteran-patients during sleep cycles. Contract EEG technicians shall also perform pre-test consultations and record the Veteran-patient's medical history. Contract EEG Technicians shall also explain test procedures to Veteran-patients to help assure and assuage a Veteran-patient before test procedures are conducted.

4.4. Experience and other Requirements.

4.4.1. Performed routine EEG’s (verifiable) for at least two (2) years.

4.4.2. Experience of at least two (2) years in Long Term Monitoring and ICU readings.

4.4.3. Completion of appropriate courses offered by the American Board of Registration of Electroencephalographic and Evoked Potential Technologists (ABRET) (Required).

4.4.4. Knowledge, skills, and experience in using and operating various commercially available biomedical computer equipment and software used for routine EEG's and long-term monitoring and intraoperative electrocardiograms.

4.4.5. Familiarity applying scalp electrodes according to the International 10.20 system using collodion paste, collodion saline solution or conductive electrode paste.

4.5. Knowledge, Skills, And Abilities. Required knowledge for EEG Technicians.

4.5.1. Demonstrates skill and precision in use of the materials and equipment used in performing Evoked potentials, EEG, and EEG telemetry.

4.5.2. Demonstrates skills to apply collodion-attached electrodes and to use conductive electrode paste and skin prep to apply electrodes.

4.5.3. Thorough knowledge of variations in brain anatomy.

4.5.4. Able to evaluate and advise biomedical engineers regarding technical problems with various equipment.

4.5.5. Thorough knowledge of anticonvulsant medications and its effects on Veteran-patients and EEGs; has good working knowledge of other frequently used pharmaceuticals in the veteran population.

4.5.6. Knowledge and expertise in the following areas of service:

4.5.6.1. Auditory Brainstem Response (ABR)

4.5.6.2. Visual Evoked Response (VER)

4.5.6.3. Somatosensory Evoked Potential (SEP or SSEP)

4.5.6.4. Electroencephalography (EEG)

4.5.7. The Contract EEG Technician shall maintain up-to-date knowledge of developments in the field of Evoked Potentials, auditory evoked potentials, Somato Sensory Evoked Potentials, and Brain Death Record.

4.5.8. The contract EEG Technician shall be able to recognize electrographic and clinical seizures during recording and shall immediately notify reading neurologist.

4.5.9. The contract EEG Technician shall be able to read and report abnormal and normal EEG recording to the reading neurologist.

4.5.10. The contract EEG Technician shall be able to order supplies, maintain EEG machine and schedule appointments for patients.

4.5.11. The contract EEG Technician complies with policies/procedures of the VALBHS, including but not limited to:

4.5.11.1. Setting up equipment and supplies utilizing recommended practices.

4.5.11.2. Arriving in a timely manner to not delay the medical/surgical process.

4.5.11.3. Documenting completed procedures and placing completed procedures in patient's chart prior to leaving the VALBHS.

4.5.11.4. Following standard VA and VALBHS procedures and providing EEG services for Veteran-patients.

4.5.11.5. Participating as a member of the VALBHS Veteran-patient care team, e.g., participates in Veteran-patient care activities, telephone usage, and communicates effectively with VALBHS neurology staff.

4.6. Scope of Care. Contractor’s EEG Technicians (as appropriate and within scope of practice/privileging) shall be required to:

4.6.1. Set-up and adjust specialized equipment with multiple features that require precise positioning to operate correctly.

4.6.2. Select and set technical factors for invasive procedures applied in neurosurgical operating room such as stereo EEG grip, and Strip EEG, and ECOG.

4.6.3. Set equipment parameters based on the patient’s diagnosis or specific and/or individualized testing criteria.

4.6.4. Make precise adjustments to clarify reading measurements.

4.7. Technical Proficiency. Contract EEG Technicians 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. The 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. The Contractor shall provide verifiable evidence of all educational and training experiences including any gaps in educational history for all Contract EEG Technicians and the Contractor’s EEG Technicians shall be responsible for abiding by the VALBHS Facility's Medical Staff By-Laws, rules, and regulations (referenced herein) that govern medical staff behavior.

4.8. Veteran-Patient Safety Compliance and Reporting. Contract EEG Technicians shall follow all established patient-safety and infection-control standards of care. Contract EEG Technicians shall make every effort to prevent errors, falls, and Veteran-patient injury caused by acts of commission or omission in the delivery of care. All events related to Veteran-patient injury and other breeches of Veteran-patient safety shall be reported to the COR in compliance with VA Safety Policy. As soon as practicable (within 24 hours), Contractors shall notify COR of incident and submit to the COR, the Patient Safety Report, following up with COR as required or requested.

4.9. Customer Service. Contract EEG Technicians shall refer all Veteran- patient customer service issues to the VALBHS Neurology Supervisory Physician and/or Neurology Nurse Manager or designee.

4.10. VA Hours of Operation/Scheduling. VA Business Hours: Normal work coverages 0730 – 1600; M-F; The Service is required to have EEG Technician Services for Inpatients and Outpatients 8 hours; 5 days week, weekends and holidays to include Overtime as needed.

4.10.1. Patients shall be seen by a Contractor’s EEG Technician(s) on-site at VALBHS 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.

4.10.2. Contractor’s EEG Technician(s) shall be available and present in clinic during normal VALBHS clinic hours, VALBHS which will be established, and may be revised, as deemed appropriate for patient care by the Chief of Neurology Services.

4.11. Off-hours Coverage. 1600 – 0730 the following day. Contractor shall make the Contractor’s EEG Technician(s) available on-call during all hours when VALBHS clinic is closed, including evening, weekends, and holidays; to include Overtime as needed.

4.11.1. On-call Contractor’s EEG Technician(s) shall always be available and shall be available within 15 minutes by phone and on-site within 60 minutes.

5. TRAINING (BLS, CPRS AND VA-MANDATORY). The Contractor shall meet all VA educational requirements and mandatory course requirements defined herein; all training (listed below) shall be completed by Contracted EEG Technician(s) as required by VALBHS. Other training may become required; the VALBHS COR will communicate any training requirement changes to the Contractor.

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

5.2. All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and its systems:

5.2.1. Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, Appendix E relating to access to VA information and information systems.

5.2.2. Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training.

5.2.3. Successfully complete the appropriate VA privacy training and annually complete required privacy training.

5.2.4. Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system access [to be defined by the VA program official and provided to the contracting officer for inclusion in the solicitation document - e.g., any role-based information security training required in accordance with NIST Special Publication 800-16, Information Technology Security Training Requirements.

5.2.5. The contractor shall provide to the contracting officer and/or the COR a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required.

5.2.6. Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges.

6. POLICY/HANDBOOKS. The contractor shall be subject to the following policies, including any subsequent updates during the period of performance.

6.1. VHA Directive 1192.01: Seasonal Influenza Prevention Program: https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=8948

6.2. VHA Directive 1220(1): Facility Procedure Complexity Designation Requirements to Perform Invasive Procedures In Any Clinical Setting: https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=8365

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

6.4. VHA Directive 1907.01: VHA Health Information Management and Health Records: https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=9235

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

7. STANDARD PERSONNEL TESTING (PPD, etc.). Contractor shall provide proof of the following tests for EEG Technicians 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.

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 EEG Technician(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.

7.2. Measles, Mumps, & Rubella Testing. Contractors shall provide proof of immunity for all Contractor EEG Technicians.

7.3. Varicella. Contractors shall provide proof of immunity for all Contractor EEG Technicians.

7.4. Acellular Pertussis. Contractors shall provide proof of 1 dose of Tdap vaccination for all Contractor EEG Technicians.

7.5. Influenza. Contractors shall provide proof that all Contractor EEG Technicians have received the annual Influenza vaccine unless it is contraindicated. If the Contractor EEG Technician has a medical contraindication to the vaccine, they shall be required to wear a mask during the Influenza season.

7.6. COVID. Contractors shall provide proof that all Contractor EEG Technicians have received the COVID vaccine.

7.7. OSHA Regulation Concerning Occupational Exposure to Bloodborne Pathogens. Contractor shall provide evidence of completing and passing generic self-study blood-borne pathogen training for all Contractor’s EEG Technician(s); 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.

7.8. The COR shall notify the Contractor of any significant communicable disease exposures as appropriate. The Contractor shall adhere to current CDC/HICPAC Guideline for Infection Control in healthcare 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 return.

7.9. The VALBHS 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.

8. CITIZENSHIP-RELATED REQUIREMENT.

8.1. The Contractor certifies they shall comply with all legal provisions contained in the Immigration and Nationality Act of 1952, as amended; its related laws and regulations 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 Dept. of VA.

8.2. While performing services for the Dept. of VA, the Contractor shall not knowingly employ, contract or subcontract with an illegal alien or foreign national non-immigrant who is in violation their status as a result of their failure to maintain or comply with the terms and conditions of their admission into the U.S. 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.

8.3. If the Contractor fails to comply with any requirements outlined in the preceding paragraphs or its Agency regulations, the Dept. of VA, may, at its discretion, require that the foreign national who failed to maintain their legal status in the U.S. 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, the Dept. of VA or other location where the Contractor provides services to Veteran-patients referred by the Dept. of VA, and shall form the basis for termination of this contract for breach.

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

9. 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) and the Office of the Inspector General (OIG) has established a list of parties and entities excluded from Federal healthcare programs. Specifically, the listed parties and entities may not receive Federal healthcare program payments due to fraud and/or abuse of the Medicare and Medicaid programs.

9.1. The 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 EEG Technicians (s) are not listed. Contractor should note that any excluded individual or entity that submits a claim for reimbursement to a Federal healthcare 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 into contracts with excluded individuals to provide items or services to Federal program beneficiaries.

9.2. By submitting their proposal, 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.

10. KEY PERSONNEL. The Contractor shall propose a minimum of two (2) key EEG Technician personnel to be credentialed and available for scheduling to meet the requirements of one (1) on-site key personnel as needed.

10.1. The Contractor shall propose a minimum of two (2) key personnel to be credentialed and be available for scheduling to meet the requirements of the contract. The contractor shall be required to provide as a minimum, enough appropriately qualified technicians to be credentialed and privileged that meet or exceed twice the number of FTE required to fulfill these contracts obligations.

10.2. The Contractor shall be required to provide as a minimum, enough appropriately qualified EEG Technicians to be credentialed and privileged that meet the requirement of (1.00 FTE) 2080 hours for one (1) year.

10.3. In the event a scheduled EEG Technician is unable to begin or complete an assigned shift: The Contractor Shall Provide Replacement EEG Technician Coverage Within Two (2) Hours and Notify the COR at the VALBHS Immediately of the Schedule Change.

11. 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 five (5) calendar days after the occurrence of any of these events and provide the information required. After 90 days, the Contractor shall submit the information to the CO at least five (5) calendar days prior to making any permanent substitutions. The Contractor shall provide scheduled services throughout the contract period. In the event of the absence of Contractor’s personnel for any reason, the Contractor shall bear the responsibility of providing replacement personnel to provide the scheduled services. The Contractor point of contact shall arrange for pre-VA-credentialed EEG Technician coverage when the primary EEG technician will be unable to provide services for one (1) or more consecutive scheduled shift.

11.1. It is essential that continuity of services is maintained to the maximum degree possible, hence, substitution of Contractor provided EEG Technicians shall be limited to approved and assigned EEG Technicians for urgent/emergent absences. The Contractor shall be responsible for providing coverage to VALBHS during periods of vacancies of the Contractor’s personnel due to sick leave, personal leave, vacations, exhaustion, and additional coverage as required.

11.2. 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 five (5) 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.

11.3. 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 (2) weeks will require the procedure as stated above.

11.4. The Government reserves the right to refuse acceptance of any Contractor personnel at any time after performance begins, if personal or professional conduct jeopardizes Veteran-patient care or interferes with the regular and ordinary operation of the VALBHS Neurology 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 COS or designee show documented clinical problems or continual unprofessional behavior/actions with any Contractor’s EEG Technicians, the COR may request, without cause, immediate replacement of said Contractor’s EEG Technicians. The CO and COR shall address issues concerning a Contractor’s EEG Technicians conduct; the final arbiter on questions of acceptability is the CO.

12. CONTINGENCY PLAN. Continuity of care is an essential part of VALBHS medical services. As such, the Contractor shall have a contingency plan in place to be utilized if a Contractor’s EEG Technician leaves Contractor’s employment or is unable to continue performance in accordance with the terms and conditions of the resultant contract.

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

14. NON-PERSONAL HEALTHCARE SERVICES. Non-Personal Healthcare Services: The parties agree that the Contractor and all Contract EEG Technicians shall not be considered Dept. of VA employees for any purpose.

15. 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.

16. PROHIBITION AGAINST SELF-REFERRAL. Contractor EEG Technician are prohibited from referring VA patients to contractor’s or their own practice(s).

17. INHERENT GOVERNMENT FUNCTIONS. Contractor and Contractor’s EEG Technicians 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.

18. NO EMPLOYEE STATUS. The Contractor shall be responsible for protecting Contractor’s EEG Technician furnishing services. To carry out this responsibility, the Contractor shall provide or certify that the following is provided for all their staff providing services under the resultant contract:

18.1. Workers’ compensation

18.2. Professional liability insurance

18.3. Health examinations

18.4. Income tax withholding

18.5. Social security payments

19. TORT LIABILITY. The Federal Tort Claims Act does not cover Contractor or Contractor’s EEG Technician. When a Contractor or Contractor’s EEG Technician 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 EEG Technician’s action or non-action shall be the responsibility of the Contractor and/or insurance carrier.

20. CONTRACTOR RESPONSIBILITIES.

20.1. Clinical Personnel Required: The Contractor shall provide Contractor’s EEG Technician(s) who are competent, qualified per this SOW and adequately trained to perform assigned duties.

20.2. Contractor’s EEG Technician(s) shall be responsible for signing in and out when in attendance. Time sheets will be used by the COR to confirm hours/day and services provided against the contractor’s invoices.

20.3. Standards of Care: The Contractor’s EEG Technician(s)’ care shall cover the range of NEUROLOGY services as would be provided in a state-of-the-art civilian medical treatment facility and the standard of care shall be of a quality, meeting or exceeding currently recognized TJC, VA and national standards as established by:

20.3.1. American Association for Neurological Surgeons Guidelines: http://aans.org/en/Education%20and%20Meetings/Clinical%20Guidelines.aspx

20.3.2. The professional standards of the Joint Commission (TJC): http://www.jointcommission.org/standards_information/standards.aspx

20.3.3. The standards of the American Hospital Association (AHA): http://www.hpoe.org/resources?show=100&type=8 and;

20.3.4. The requirements contained in this SOW.

21. FEDERAL HOLIDAYS: THE FOLLOWING HOLIDAYS ARE OBSERVED BY THE DEPARTMENT OF VETERANS AFFAIRS:

New Year’s Day

President’s Day

Martin Luther King’s Birthday

Memorial Day

Juneteenth Day

Independence Day

Labor Day

Columbus Day

Veterans Day

Thanksgiving

Christmas

Any day specifically declared to be a national holiday

22. MEDICAL RECORDS. Authorities: Contractor’s EEG Technician(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).

23. 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.

24. DISCLOSURE. Contractor’s EEG Technician(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.

25. 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: https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=9235 and all guidelines provided by the Veterans Affairs Medical Center (VAMC).

26. RELEASE OF INFORMATION. THE VALBHS 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. In the case of the VA authorizing the Contractor to release VA-patient information, the Contractor in compliance with VA regulations, and a his/her own expense, shall use VA Form 3288, Request for and Consent to Release of Information from Individual’s Record, to process “Release of Information Requests.” In addition, the Contractor shall be responsible for locating and forwarding records not kept at their facility. The VA’s Release of Information Section shall provide the Contractor with assistance in completing forms. Additionally, the Contractor shall use VA Form 10-5345, Request for and Authorization to Release Medical Records or Health Information, when releasing records protected by 38 U.S.C. 7332. Treatment and release records shall include the Veteran-patient’s consent form. Completed Release of Information requests will be forwarded to the VA Privacy Officer at the following address: VALBHS, Release of Information (ROI) Section, Health Information Management Service (HIMS); 5901 East Seventh Street

27. Long Beach, CA 90822-5201; Tel: (562) 826-8000 X1-6345; Fax (562) 346-3443

28. MANAGEMENT FOR MEDICAL RECORDS. National Archives and Records Administration record disposition requirements are found in RCS 10-1 Chapter 6, 6000 series.

29. REGISTRATION WITH CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM.

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

29.2. Each Contractor whose contract award is estimated to exceed the Simplified Acquisition Threshold requires a CPARS evaluation. A government Focal Point will register your contract within thirty days after contract award and, at that time, you will receive an email message with a User ID (to be used when reviewing evaluations). Additional information regarding the evaluation process can be found at www.cpars.gov or if you have any questions, you may contact the Customer Support Desk @ DSN: 684-1690 or COMM: 207-438-1690.

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

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

30. GOVERNMENT RESPONSIBILITIES. Contract Administration/Performance Monitoring: After award of contract, all inquiries and correspondence relative to the administration of the contract shall be addressed to:

30.1. CO Responsibilities:

30.1.1. Contracting Officer; Department of Veterans Affairs;

Network Contracting Office 22; 4811 Airport Plaza Drive, Suite 600; Long Beach, CA 90815

30.1.2. The Contracting Officer is the only person authorized to approve changes or modify any of the requirements of this contract. The Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer is authorized to make commitments or issue any modification to include (but not limited to) terms affecting price, quantity or quality of performance of this contract.

30.1.3. The Contracting Officer shall resolve complaints concerning Contractor relations with the Government employees or patients. The Contracting Officer is final authority on validating complaints. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer without authority, no adjustment shall be made in the contract price to cover an increase in costs incurred as a result thereof.

30.1.4. In the event that contracted services do not meet quality and/or safety expectations, the best remedy will be implemented, to include but not limited to a targeted and time limited performance improvement plan; increased monitoring of the contracted services; consultation or training for Contractor personnel to be provided by the VA; replacement of the contract personnel and/or renegotiation of the contract terms or termination of the contract.

30.2. COR Responsibilities.

30.2.1. Veterans Affairs Long Beach Healthcare System; (VALBHS); Medical Service; Neurology Section; 5901 East Seventh St.; Long Beach, CA 90822

30.2.2. The COR shall be the VA official responsible for verifying contract compliance. After contract award, any incidents of Contractor noncompliance as evidenced by the monitoring procedures shall be forwarded immediately to the Contracting Officer.

30.2.3. The COR will be responsible for monitoring the Contractor’s performance to ensure all specifications and requirements are fulfilled. Quality Improvement data that will be collected for ongoing monitoring includes but is not limited to: Entering data that may be collected.

30.2.4. The COR will maintain a record-keeping system of services by Time Keeping records, encounters, workload. The COR will review this data monthly when invoices are received and certify all invoices for payment by comparing the hours documented on the VA record-keeping system and those on the invoices. Any evidence of the Contractor's non-compliance as evidenced by the monitoring procedures shall be forwarded immediately to the Contracting Officer.

30.2.5. The COR will review and certify monthly invoices for payment. If in the event the Contractor fails to provide the services in this contract, payments will be adjusted to compensate the Government for the difference.

30.2.6. All contract administration functions will be retained by the VA.

31. BILLING. Invoice requirements and supporting documentation: Supporting documentation and invoice shall be submitted no later than the 20th workday of the following month in which services were rendered. Subsequent changes or corrections shall be submitted by separate invoice. In addition to information required for submission of a “proper” invoice in accordance with FAR 52.212-4 (g), all invoices shall include:

31.1. Name and Address of Contractor

31.2. Invoice Date and Invoice Number

31.3. Contract Number and Purchase/Task Order Number

31.4. Date of Service

31.5. Contractor’s EEG Technician(s)

31.6. Hourly Rate

31.7. Quantity of hours worked

31.8. Total price

32. VENDOR ELECTRONIC INVOICE SUBMISSION METHODS. Facsimile, e-mail, and scanned documents are not acceptable forms of submission for payment requests. Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods below:

32.1. Invoices will be electronically submitted to the Tungsten website at https://www.tungsten-network.com/us/support/ Tungsten direct vendor support number is 877-489-6135 for VA contracts. The VA-FSC pays all associated transaction fees for VA orders. During Implementation (technical set-up) Tungsten will confirm your Taxpayer ID Number with the VA-FSC. This process can take up to 5 business days to complete to ensure your invoice is automatically routed to your Certifying Official for approval and payment. In order to successfully submit an invoice to VA-FSC please review “How to Create an Invoice” within the how to guides. All invoices submitted through Tungsten to the VA-FSC should mirror your current submission of Invoice, with the following items required. Clarification of additional requirements should be confirmed with your Certifying Official (your CO or buyer). The VA-FSC requires specific information in compliance with the Prompt Pay Act and Business Requirements. For additional information, please contact:

Tungsten Support Phone: 1-877-489-6135 Website: https://www.tungsten-network.com/us/support/ Department of Veterans Affairs Financial Service Center Phone: 1-877-353-9791 Email: vafsccshd@va.gov

32.2. Payment Adjustments. Reduction in Services: This is a fixed quantity contract for a specified number of hours. If, at the end of the period of performance, the government has not utilized the total number of hours required under this contract because of a change in its requirements, the parties agree that they will attempt to negotiate in good faith a contract modification reducing the scope of the contract with a corresponding adjustment in the total contract price. In no event will the VA pay for hours that exceed the total number of hours specified in the contract for the period of performance.

32.3. Payments in full/no billing VA beneficiaries. The Contractor shall accept payment for services rendered under this contract as payment in full. VA beneficiaries shall not under any circumstances be charged nor their insurance companies charged for services rendered by the Contractor, even if VA does not pay for those services. This provision shall survive the termination or ending of the contract.

32.3.1. To the extent that the Veteran desires services which are not a VA benefit or covered under the terms of this contract, the Contractor shall notify the Veteran that there will be a charge for such service and that the VA will not be responsible for payment.

32.3.2. The Contractor shall not bill, charge, collect a deposit from, seek compensation, remuneration, or reimbursement from, or have any recourse against, any person or entity other than VA for services provided pursuant to this contract. It shall be considered fraudulent for the Contractor to bill other third-party insurance sources (including Medicare) for services rendered to Veteran enrollees under this contract.

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