RFQ 36C25923Q0079.docx

36C25923Q0079

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

11-17-2022 LaDonna Collins; ladonna.collins@va.gov 303-712-5779 11-25-2022

10:00AM

MST

36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111

X

541690 $16.5 Million

N/A

Department of Veteran Affairs Sheridan VA Healthcare System Sheridan VA Medical Center 1898 Fort Road 111H Sheridan WY 82801 36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111

Department of Veterans Affairs Financial Service Center PO Box 149971 Austin TX 78714-9971

See CONTINUATION Page The contractor shall provide all-inclusive Radiation Safety Survey and Compliance Testing of Diagnostic (Medical) X-ray Equipment IAW the attached Statement of Work.

Period of Performance: Base plus four (4) optional years as listed in the statement of work.

852.219-77 VA Notice of Limitations on Subcontracting— Certificate of Compliance for Services is a mandatory requirement.

Questions are due no later than 10:00am MST on Tuesday November 22, 2022.

Quotations are due no later than 10:00am MST on Friday November 25, 2022.

Questions and Quotations can be submitted via electronically to ladonna.collins@va.gov. and jerry.danso@va.gov.

See CONTINUATION Page

Ladonna Collins Contracting Officer

Table of Contents

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:

B.1.1.1. CONTRACTOR: Name:

Title:

Company:

Duns Number:

Address:

Telephone:

FAX #:

E-mail address:

B.1.1.2. GOVERNMENT: Contracting Officer 36C259 Timothy Myers Email: Timothy.Myers5@va.gov Phone: 303-712-5280

Contract Specialist 36C259 Jerry Danso, jerry.danso@va.gov, ladonna.collins@va.gov Phone:303-712-5761

B.1.1.3. GOVERNMENT: Program Office Representatives: TBD Email:

Phone:

Department of Veterans Affairs Sheridan VA Healthcare System 1898 Fort Road 111H Sheridan WY 82801

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

3. INVOICES: Invoices shall be submitted in arrears:

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.

STATEMENT OF WORK

Point of contact (POC)

Section:

Phone Number:

Fax Number:

E-Mail Address:

Contract Title Radiation Safety Survey and Compliance Testing of Diagnostic (Medical) X-ray Equipment

1.0. INTRODUCTION

The contractor shall perform radiological services pertaining to Medical Physicist audits to include physics testing annually of diagnostic imaging equipment (X-ray, Dental X-ray, CT, MRI, DEXA) used at the Sheridan Veterans Administration Medical Center, 1898 Fort Road, Sheridan, WY 82801. The contractor shall provide documentation of an American Board of Radiology (ABR) lead Medical Physicist certified in diagnostic (per ACR definition of Board-Certified Medical Physicist). The lead Medical Physicist shall oversee testing of diagnostic imaging equipment performed under this contract, and sign physics reports documenting the required tests.

2.0. SCOPE

2.1. This PWS lists the necessary physics measurements and reporting for.

2.1.1. X-Ray equipment including Dental, CT, MRI, & DEXA tested in accordance with American College of Radiology (ACR).

2.2. Contractor shall furnish all supervision, labor, travel, equipment, parts and supplies necessary for annual physicist inspections for all radiological equipment and accessories located at Sheridan VA Medical Center, 1898 Fort Road, Sheridan, WY 82801. Services will be provided between 7:00am to 4:30pm, Monday through Friday, excluding Federal holidays. The physicist shall also meet the following requirements.

2.7.1. Be on time for scheduled inspections.

2.7.2. Return urgent phone calls within 2 hours

2.7.3. Return non-urgent phone calls within 24 hours.

2.7.4. Respond to non-urgent fax/email requests within 24 hours if received during normal working hours.

2.7.5. Follow recommended policies, practices, calibrations and/or procedures of equipment manufacturers.

2.7.6. Provide evidence of CEUs (Continuing Education Units) upon request.

2.8. Results of testing shall be documented on a physics report listing the acceptability (e.g., satisfactory/unsatisfactory) of the testing, test results (i.e., measured values), discrepancies, out of tolerance measurements and recommendations. The Medical Physicist shall notify the medical center Radiation Safety Officer and/or Biomedical Engineering of any deficiencies and issues of noncompliance at the time of the physics testing. A written physics report, signed by the lead Medical Physicist, shall be provided to the medical center within 30 days of testing.

2.8.1. Annual inspections will include an overall evaluation of program effectiveness as specified by:

2.8.1.1. Joint Commission (JC) standards

2.8.1.2. VHA Directives

2.8.1.4 American Association of Physicists in Medicine (AAPM)

2.8.1.5. American College of Radiology (ACR), Accreditation Program Requirements including:

2.8.1.5.1. ACR, Computed Tomography, Quality Control Manual

3.0. DELIVERABLES

3.1. Upon contract award the Medical Physicist shall perform physics testing at the Sheridan VA Medical Center, 1898 Fort Road, Sheridan, WY 82801.

3.2. Annual physics testing performed on:

3.2.1. General Radiographic, Dental (intraoral/panoral/hand-held devices), Computed Tomography (CT), Magnetic Resonance Imaging (MRI) and Bone Densitometry (DEXA).

3.3. Annual physics testing will include an inspection of diagnostic imaging equipment QC and overall program effectiveness in relation to Joint Commission standards, ACR accreditation program requirements (i.e., CT, MRI, DEXA, X-ray, Dental), VA Directives and Standard Operating Procedures (SOP), and manufacturer specifications.

3.4. Additional physics testing shall be performed upon request for newly purchased equipment and following the change of an x-ray tube or major repair/alteration. These physics tests shall be performed within three working days of the time notice is given for the testing.

3.5. Provide the medical center with a physics report documenting medical physics testing in accordance with this PWS (see specifications). This physics report shall be provided within 30 days of the testing date.

3.6. The successful contractor is encouraged to provide recommendations which may be used to reduce patient dose, improve image resolution, and diagnostic imaging effectiveness.

3.7. Upon request the successful contractor shall provide proof of ABR board certification and qualifications for non-board-certified medical physicist. All medical physicist performing duties under this contract shall meet the medical physicist qualifications as stated within ACR accreditation program requirements.

4.0. STATEMENT OF QUALIFICATIONS INCLUDING PROTOCOLS/CALIBRATION/EQUIPMENT/TESTING The successful candidate shall provide a statement of qualifications through CV’s (i.e., ABR board certification and medical physicist qualifications), with a brief description of protocols/procedures for performing medical physics testing. This description shall include:

4.1. Calibration – statement that instruments used for medical physics testing are calibrated, traceable to the National Institute Standards and Technology (NIST).

4.2. CT – statement of phantoms used, measurements performed and acceptance criteria (e.g., performed according to ACR CT Quality Control Manual)

4.3. MRI- statement of phantoms used, measurements performed and acceptance criteria (e.g., performed according to ACR MRI Quality Control Manual)

4.4. Bone Density (DEXA) – statement of criteria for QA/QC and acceptance (e.g., according to manufacturer specifications).

Note: Submittal of sample medical physics reports are encouraged for documenting the above criteria.

5.0 PHYSICS TESTING SPECIFICATIONS

5.1. X-Ray Equipment (General Radiographic/Dental/MRI/CT/DEXA)

5.2. General Radiographic Equipment is operating according to the manufacturers intended design including locking, holding, centering and X-ray beam "on" visual/audible indicators (SSRCR, Sec. F.4).

5.3. Physics Testing.

5.3.1. Timer Accuracy in accordance with 21CFR120.31(b)

5.3.2. Reproducibility in accordance with 21CFR 120.31(c)

5.3.3. Half Value Layer (HVL) in accordance with 21CFR1020.30(m)

5.3.4. Linearity in accordance with 21CFR1020.31(d)

5.3.5. Field Alignment in accordance with 21CFR1020.31(d)&(e)

5.3.6. Positive Beam Limitation in accordance with 21CFR1020.31(g)

5.4. Dental X-ray Equipment is operating according to the manufacturers intended design including locking, holding, centering and X-ray beam "on" visual/audible indicators (SSRCR, Sec. F.4).

5.4.1. Physics Testing.

5.4.2. Timer in accordance with 21CFR120.31(a)(2)

5.4.3. Exposure Reproducibility in accordance with 21CFR 120.31(b)(1)

5.4.4. Kilovolt Peak in accordance with 21CFR 120.31(a)(4)

5.4.5. Half Value Layer (HVL) in accordance with 21CFR1020.30(m)

Panoramic in accordance with 21CFR 120.31(f)

5.5. CT Equipment is operating according to the manufacturers intended design for location (positioning) of patient and safety (SSRCR, Sec. F.4).

5.5.1. Physics Testing; performed in accordance with ACR, CT QC Manual

5.6.1.2. Scout Prescription and Alignment Light Accuracy

5.6.1.3. Image Thickness – Axial Mode

5.6.1.4. Table Travel Accuracy

5.6.1.5. Radiation Beam Width

5.6.1.6. Low-Contrast Performance

5.6.1.7. Spatial Resolution

5.6.1.8. CT Number Accuracy

5.6.1.9. Artifact Evaluation

5.6.1.10. CT Number Uniformity

5.6.1.11. Dosimetry (CTDIvol)

5.7. Bone Density (DEXA): is operating according to the manufacturers intended design including locking, holding, centering and X-ray beam "on" visual/audible indicators (SSRCR, Sec. F.4).

5.7.1. Verify QA/QC is performed in accordance with manufacturers’ specifications.

5.8. All Physics testing shall be performed at the following:

5.8.1. Acceptance testing (assembly evaluation) prior to initial use, and

5.8.2. Annual medical physics testing

7.0. LOCATION OF TESTING

All equipment listed on the Price Schedule is located at the following addresses:

Sheridan VAMC 1898 Fort Road Sheridan, WY 82801

8.0. SCHEDULING OF TESTING

All scheduling for testing equipment will be coordinated with the medical center Radiation Safety Officer (RSO) and Contract Officer Representative (COR)

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

9.0. VA HOURS OF OPERATION/SCHEDULING:

9.1. Sheridan VA Medical Center work hours: Monday through Friday, 7:00 am to 4:30 pm. Contractor shall be scheduled to complete the following task: CT, MRI, X-ray equipment and Dental X-ray equipment annual testing or for any new equipment installations or any service to existing equipment that requires a physicist survey.

9.2. 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 Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Christmas Any day specifically declared to be a national holiday by the President of the United States.

9.3. QUALIFICATIONS:

9.3.1. Personnel assigned by the Contractor to perform the services covered by this contract shall be licensed in a State, Territory, or Commonwealth of the United States or the District of Columbia. All licenses held by the personnel working on this contract shall be full and unrestricted licenses. The qualifications of such personnel shall also be subject to review by the VA Chief of Staff and approval by the VA Facility Director.

9.4. PERSONNEL POLICY

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

9.4.1.1. General liability

9.4.1.2. Workers’ compensation

9.4.1.3. Professional Liability insurance

9.4.1.4. COVID-19-Contractors shall comply with VHA Supplemental Contract Requirements for combatting COVID-19.

9.4.2. Parties agree the Contractor, its employees, agents, and subcontractors shall not be considered VA employees for any purpose.

9.3.4. 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.

9.4. REPORTS

9.4.1. The Contractor shall be responsible for complying with all reporting requirements established by the Contract. Contractor shall be responsible for assuring the accuracy and completeness of all reports and other documents as well as the timely submission of each. Contractor shall comply with contract requirements regarding the appropriate reporting formats, instructions, submission timetables, and technical assistance as required.

9.5. RECORD KEEPING:

9.5.1. The Sheridan VA Medical Center shall establish and maintain a record keeping system that will record the time spent at the facility by the contract employee(s). Contractor's employee(s) shall report to the COR, or designee upon arrival at the Sheridan VA Medical Center.

9.6. CONTRACT PERFORMANCE MONITORING:

9.6.1. 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.

9.7. KEY PERSONNEL AND TEMPORARY EMERGENCY SUBSTITUTIONS:

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

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

9.7.1.2. 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 Contracting Officer. Proposed substitutes shall have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on the proposed substitutes. The contract will be modified to reflect any approved changes of key personnel.

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

10. BILLING

10.4. Invoice requirements and supporting documentation: Supporting documentation and invoice must be submitted no later than the 20th workday of the month. 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 must include:

10.4.1. Name and Address of Contractor

10.4.2. Invoice Date and Invoice Number

10.4.3. Contract Number and Purchase/Task Order Number

10.4.4. Date of Service

10.4.5. Contract Personnel (Name of Contractor’s employee)

10.4.6. Number of equipment’s that procedures were performed on.

10.4.7. Total price

10.5. Vendor Electronic Invoice Submission Methods

10.5.1. 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 stipulated by the VA Financial Services Center (FSC). See VAAR 852.232-72 for details.

10.5.2. The Contractor may contact Tungsten Network Client Services at the phone number or website address listed below with questions about e-invoicing:

Phone: 877-489-6135 Website: www.tungsten-network.com/customer-campaigns/veteransaffairs

10.5.3. Payment Adjustments/Performance Related Payment Deductions:

10.5.3.1. The contractor shall be paid only for duties performed. Contract providers shall be responsible for accurately reporting of equipment meeting ACR, NRC, and NHPP standards; the COR is responsible for monitoring & verifying Contractor’s required duties.

10.5.3.2. The contract shall be adjusted in accordance with actual performance.

10.5.4. Payments in full/no billing VA beneficiaries: The Contractor shall accept payment for services rendered under this contract as payment in full.

11. GOVERNMENT RESPONSIBILITIES:

11.1. VA Support Personnel, Services or Equipment: The Sheridan VAMC will permit the contract Medical Physicists to use VA IT equipment (laptop, docking station and VA-approved USB drive).

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

11.2.1. CO – Ladonna Collins ladonna.collins@va.gov

11.2.2. COR – Dena Whitney dena.whitney@va.gov

11.3. CO RESPONSIBILITIES:

11.3.1. The CO is the only person authorized to approve changes or modify any of the requirements of this contract. The Contractor shall communicate with the CO on all matters pertaining to contract administration. Only the CO 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.

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

11.3.3. 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 the contract staff to be provided by the VA; replacement of the contract staff and/or renegotiation of the contract terms or termination of the contract.

11.4. COR RESPONSIBILITIES:

11.4.1. 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.

11.4.2. 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.

11.4.3. The COR will maintain a record-keeping system of services. The COR will review this data monthly when invoices are received and certify all invoices for payment by comparing the services 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.

11.4.4. 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.

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

11.5. STANDARDS OF PRACTICE: The Contract Medical Physicist shall provide evidence based on best practices to demonstrate diagnostic imaging meets or exceeds medical physics performance measures applicable to VHA Directives, TJC standards, ACR guidance and AAPM.

11.5.1. VHA Directives https://www.va.gov/vhapublications/publications.cfm?Pub=1

11.5.2. TJC standards http://www.jointcommission.org/standards_information/hap_requirements.aspx

11.5.3. The ACR QC manuals for modalities with ACR accreditation: https://www.acr.org/Clinical-Resources/Practice-Parameters-and-Technical- Standards/Practice-Parameters-by-Subspecialty; https://www.acr.org/Clinical- Resources/Practice-Parameters-and-Technical-Standards/Technical-Standards

11.5.4. The requirements contained in this PWS

11.6. MEDICAL RECORDS

11.6.1. Authorities: Medical Physicist providing healthcare services to Sheridan VAMC shall be considered as part of the Department Healthcare Activity and shall comply with the U.S.C.551a (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).

11.6.2. 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. Based on this exception, a BAA is not required for this contract. Treatment and administrative patient records generated by this contract or provided to the Contractors by the VA are covered by the VA system of records entitled ‘Patient Medical Records-VA’ (24VA19). 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 are available for immediate transmission when requested by the VA. Records identified for review, audit, or evaluation by VA representatives and authorized federal and state officials, shall be accessed on-site during normal business hours or mailed by the Contractor at his expense. Contractor shall deliver all final patient records, correspondence, and notes to the VA within twenty-one (21) calendar days after the contract expiration date.

11.6.3. Disclosure: Medical Physicist may have access to patient medical records: however, Contractor shall obtain permission from the VA before disclosing any patient information. Subject to applicable federal confidentiality or privacy laws, the Contractor, or their designated representatives, and designated representatives of federal regulatory agencies having jurisdiction over Contractors, may have access to VA ‘s records, at VA’s place of business on request during normal business hours, to inspect and review and make copies of such records. The VA will provide the Contractor with a copy of VHA Handbook 1907.1, Health Information management and Health Records and VHA Handbook 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.

11.6.4. 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 Aleda E. Lutz, VAMC.

11.6.5. Release of Information: The VA shall maintain control of releasing any patient medical information and will follow policies and standards as defined, but not limited to Privacy Act requirements. The Contractor may respond to requests for records contained in their non-VA record system, but all requests for VA records will be forwarded to Sheridan VA Health Care System Release of Information Office (ROI) for response. The ROI office may be contacted via phone at 307-675-3458 and fax at 307-672-1929.

11.7. ADMINISTRATIVE: Contractor’s Medical Physicist will not perform administrative oversight of Federal employees.

11.8. Performance Standards, Quality Assurance Program (QAP) and Continuous Quality Improvement (CQI): The Government may evaluate the quality of professional and administrative services provided in accordance with VHA Directives and standards (TJC, ACR and AAPM) as outlined in this document, but retains no control over the medical, professional aspects of services rendered (e.g., professional judgments, diagnosis for specific medical treatment), in accordance with Federal Acquisition Regulation (FAR) 37.401(b). The following measures represent the performance standards required to be met and will be included on the government’s Quality Assurance Surveillance Plan:

11.8.1. Measure: Qualifications of Key Personnel.

Performance Requirement: Medical Physicist shall be ABR board certified in accordance with ACR Standards.

Standard: (100%) Medical Physicist shall be ABR board certified in accordance with ACR Standards.

Acceptable Quality Level: No deviations from the standard (100%) Surveillance Method: Periodic Sampling of certification.

Frequency: Anually.

11.8.2. Measure: Physics reports documenting TJC requirements for physics testing of diagnostic imaging equipment.

Performance Requirement: Diagnostic imaging equipment is tested with physics reports documenting equipment meets requirements of TJC standards.

Standard: All (100%) of diagnostic imaging equipment is tested with physics reports documenting requirements of TJC standards. All (100%) of diagnostic imaging equipment reports are documented and reviewed annually.

Acceptable Quality Level: Almost all (95%) physics testing, reports and TJC requirements are met.

Surveillance Method: Periodic inspection of physics reports and TJC requirements.

Frequency: Annually.

11.8.3. Measure: Mandatory Training

Performance Requirement: Contractor completes all mandatory required training Standard: All Training (100%) completed as required per VAMC policy Acceptable Quality Level: 95% Surveillance Method: Random Sampling Frequency: Annually

11.8.4. Measure: Privacy, Confidentiality and HIPAA

Performance Requirement: Contractor is aware of all laws, regulations, policies and procedures relating to Privacy, Confidentiality and HIPPA and complies with all standards Standard: Zero breaches of privacy or confidentiality Acceptable Quality Level: 100% Surveillance Method: Random Sampling Frequency: Annually

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

11.10. The CO shall resolve complaints concerning Contractor relations with the Government employees or patients. The CO is final authority on validating complaints. If the Contractor is involved and named in a validated patient complaint, the Government reserves the right to refuse acceptance of the services of such personnel. This does not preclude refusal in the event of incidents involving physical or verbal abuse.

12.0. INFORMATION AND SECURITY REQUIREMENT

12.1. The medical physics contractor may have access to sensitive patient information displayed on the control panel of imaging equipment. However, contractor owned IT devices (such as laptop computer) shall not interface with any VA internet trusted (i.e., non-public) network. Therefore, the certification and accreditation (C&A) requirements do not apply, and a Security Accreditation Package is not required.

12.2. Due to the increased emphasis on privacy and information security, compliance with 38 U.S.C. 5701, 38 U.S.C. 5705, 38 U.S.C. 7332 shall be required and the following special contract requirements are established and hereby made part of the contract entered into with the Department of Veterans Affairs. Contract Medical Physicists identified under this contract shall be required to create a Talent Management System (TMS) account and shall be responsible for taking all VA mandatory training modules annually before expiration date(s).

12.3. Privacy and HIPAA Training: Contract Medical Physicist assigned to work under this contract shall be required to receive annual training on patient privacy, as established by HIPAA statutes. Training shall meet VHA’s and HHS’ Standards for Privacy of Individually identifiable health information. Contract Medical Physicists shall provide documented proof to the VA COR that all contract Medical Physicists assigned work and/or that will have access to PHI received their annual training. Proof of training shall be forwarded to the VA COR.

12.4. VA Privacy and Information Security Awareness and Rules of Behavior: In order for contract Medical Physicists to engage in work at the VA, contract Medical Physicists shall be required to read and sign a mandatory training program titled VA Privacy and Information Security Awareness Training and Rules of Behavior. This training is offered through the VA Talent Management System (TMS), a system offering web based training to VA employees and its partners. Each contract Medical Physicists assigned work under this contract shall be required to receive and document completion of VA training. Proof of training shall be forwarded to the VA COR.

Period of Performance. This is a base plus four option year contract.

ESTIMATED PERIOD OF PEROFRMANCE:

BASE 11/30/2022 to 11/29/2023 OPTION 1 11/30/2023 to 11/29/2024 OPTION 2 11/30/2024 to 11/29/2025 OPTION 3 11/30/2025 to 11/29/2026 OPTION 4 11/30/2026 to 11/29/2027

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

The contractor shall provide annual radiation equipment compliance surveys of all x-ray equipment in the radiology department IAW the attached statement of work at the Sheridan VA Medical Center.

Contract Period: Base POP Begin: 11-30-2022 POP End: 11-29-2023 PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical Consulting Services PRODUCT/SERVICE CODE: H165 - Quality Control - Medical, Dental, and Veterinary Equipment and Supplies

Certification of any new equipment.

Contract Period: Base POP Begin: 11-30-2022 POP End: 11-29-2023

The contractor shall provide annual surveys of all x-ray equipment in the radiology department IAW the attached statement of work at the Sheridan VA Medical Center.

Contract Period: Option 1 POP Begin: 11-30-2023 POP End: 11-29-2024

PRODUCT/SERVICE CODE: H165 - Quality Control - Medical, Dental, and Veterinary Equipment and Supplies

Certification of any new equipment Contract Period: Option 1 POP Begin: 11-30-2023 POP End: 11-29-2024

The contractor shall provide annual surveys of all x-ray equipment in the radiology department IAW the attached statement of work at the Sheridan VA Medical Center.

Contract Period: Option 2 POP Begin: 11-30-2024 POP End: 11-29-2025

PRODUCT/SERVICE CODE: H165 - Quality Control - Medical, Dental, and Veterinary Equipment and Supplies

Certification of any new equipment.

Contract Period: Option 2 POP Begin: 11-30-2024 POP End: 11-29-2025

The contractor shall provide annual surveys of all x-ray equipment in the radiology department IAW the attached statement of work at the Sheridan VA Medical Center.

Contract Period: Option 3 POP Begin: 11-30-2025 POP End: 11-29-2026

PRODUCT/SERVICE CODE: H165 - Quality Control - Medical, Dental, and Veterinary Equipment and Supplies

Certification of any new equipment.

Contract Period: Option 3 POP Begin: 11-30-2025 POP End: 11-29-2026

The contractor shall provide annual surveys of all x-ray equipment in the radiology department IAW the attached statement of work at the Sheridan VA Medical Center.

Contract Period: Option 4 POP Begin: 11-30-2026 POP End: 11-29-2027

PRODUCT/SERVICE CODE: H165 - Quality Control - Medical, Dental, and Veterinary Equipment and Supplies

Certification of any new equipment.

Contract Period: Option 4 POP Begin: 11-30-2026 POP End: 11-29-2027

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SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law.