RFQ No. 36C26021Q0677.docx

36C26021Q0677

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

36C26021Q0677 06-1 -2021 Angela Tucker 615-873-8122 07-02-2021

10:00AM

CDT

Department of Veterans Affairs Network Contracting Office 20 5115 NE 82nd Ave, Suite 102 Vancouver WA 98662 X X 621399 $8 Million

NET 30

N/A X Department of Veterans Affairs VA Puget Sound Health Care System Seattle Division 1660 South Columbian Way Seattle WA 98108 Department of Veterans Affairs Network Contracting Office 20 5115 NE 82nd Ave, Suite 102 Vancouver WA 98662

Department of Veterans Affairs

INVOICES SUBMITTED ELECTRONICALLY

Financial Services Center PO Box 149971 Austin TX 78714-9971 Contractor shall provide complete Intraoperative Neuromonitoring (IONM) Services for the VA Puget Sound Health Care System, in accordance with the Performance Work Statement.

See Schedule of Services on Page 5 See Performance Work Statement on Page 8 See Instructions to Offerors for Quote Submission on Page 55 See Evaluation Criteria on Page 6 Period of Performance: 09-01-2021 to 08-31-2026 This requirement is solicited under the authority of 38 § USC 8153 and VAAR Part 873.

X Laura Park Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

(continuation from Standard Form 1449, block 18A.)

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

U.S. Department of Veterans Affairs Network Contracting Office 20 Phone: (360) 852-9898 E-mail: laura.park@va.gov

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

GOVERNMENT INVOICE ADDRESS: Invoices shall be submitted in arrears:

All Invoices from the Contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests. Invoicing shall be in accordance with the requirements of The Department of Veterans Affairs (VA) Financial Services Center (VAFSC). The latest information shall be used for invoicing and payments and may change during the Period of Performance of this acquisition. Current invoicing information is located at http://www.fsc.va.gov/einvoice.asp.

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

B.2 SCHEDULE OF SERVICES

In accordance with FAR 52.216-19, the minimum single order amount is 2 cases, and the maximum single order amount is 50 cases.

Intraoperative Neuromonitoring (IONM) Services Ordering Period 1 POP: 09-01-2021 to 08-31-2022

0001AA

Complete Intraoperative Neuromonitoring (IONM) Services Scheduled During Normal Operating Room Hours

0001AB

Scheduled Outside Normal Operating Room Hours

0001AC

Cancellation Fee Government cancellation of requested IONM Services in less than 24 hours of case start time

Ordering Period 2 POP: 09-01-2022 to 08-31-2023

0002AA

0002AB

0002AC

Ordering Period 3 POP: 09-01-2023 to 08-31-2024

0003AA

0003AB

Complete Intraoperative Neuromonitoring (IONM) Services

0003AC

Ordering Period 4 POP: 09-01-2024 to 08-31-2025

0004AA

0004AB

0004AC

Ordering Period 5 POP: 09-01-2025 to 08-31-2026

0005AA

0005AB

0005AC

GRAND TOTAL

B.3 PERFORMANCE WORK STATEMENT

1. GENERAL:

0. Services Provided: The Contractor shall provide complete, Credentialed Intraoperative Neuromonitoring (IONM) Services onsite in accordance with the specifications contained herein to beneficiaries of the Department of Veterans Affairs (VA) and the Puget Sound Health Care System (PSHCS).

0. Place of Performance: Contractor shall furnish services at the VA Puget Sound Health Care System, 1660 S Columbian Way, Seattle, WA 98108.

0. Authority: This requirement is being solicited under the authority of 38 § USC 8153 and VAAR Part 873.

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

3. VHA Handbook 1100.17: National Practitioner Data Bank Reports: https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=2135

3. VHA Handbook 1100.18: Reporting And Responding To State Licensing Boards: https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=1364

3. VHA Handbook 1100.19: Credentialing and Privileging: http://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=2910

3. VHA Handbook 1907.01: Health Information Management and Health Records: https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=3088

3. VHA Directive 1003.04: VHA Patient Advocacy: https://vaww.va.gov/vhapublications/ViewPublication.asp?pub_ID=5970

3. VHA Directive 1088: Communicating Test Results to Providers and Patients: https://vaww.va.gov/vhapublications/ViewPublication.asp?pub_ID=3148

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

3. 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

3. VHA Directive 2012-030 Credentialing of Health Care Professionals: https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=2815

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

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

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

4. AANS: American Association for Neurological Surgeons http://aans.org/

4. ABNS: American Board of Neurological Surgery http://www.abns.org/content/default.asp

4. ABRET: American Board of Registration of Electroencephalographic and Evoked Potential Technologists. https://abret.org/

4. ACLS: Advanced Cardiac Life Support

4. AOD: Admitting Officer of the Day

4. BLS: Basic Life Support

4. CCNE: Commission on Collegiate Nursing Education: https://www.aacnnursing.org/CCNE

4. CDC: Centers for Disease Control and Prevention

4. CR: Contract Discrepancy Report

4. CEU: Certified Education Unit

4. CME: Continuing Medical Education

4. CMS: Centers for Medicare and Medicaid Services

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

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

4. COS: Chief of Staff

4. CPARS: Contractor Performance Assessment Reporting System

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

4. DEA: Drug Enforcement Agency

4. ED: Emergency Department

4. EHR: Electronic Health Record - electronic health record system used by the VA

4. FSMB: Federation of State Medical Boards

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

4. HHS: Department of Health and Human Services

4. HIPAA: Health Insurance Portability and Accountability Act

4. HR: Human Resources

4. IONM: Intraoperative Neuromonitoring

4. ISO: Information Security Officer

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

4. MOD: Medical Officer of the Day

4. National Provider Identifier (NPI): NPI is a standard, unique 10-digit numeric identifier required by HIPAA. The Veterans Health Administration must use NPIs in all HIPAA-standard electronic transactions for individual (health care practitioners) and organizational entities (medical centers).

4. NLNAC: National League for Nursing Accrediting Commission. www.nln.org

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

4. NP: Nurse Practitioner

4. NPPES: National Plan and Provider Enumeration System

4. OR: Operating Room

4. PA: Physician Assistant

4. PALS: Pediatric Advanced Life Support

4. POP: Period of Performance

4. PPD: Purified Protein Derivative

4. PSHCS: Puget Sound Health Care System

4. PWS: Performance Work Statement

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

4. QA/QI: Quality Assurance/Quality Improvement

4. QM/PI: Quality Management/Performance Improvement

4. QASP: Quality Assurance Surveillance Plan

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

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

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

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

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

1. QUALIFICATIONS:

1. Staff/Facility

0. License: The Contractor’s provider(s) assigned by the Contractor to perform the services covered by this contract shall have a current American Board of Registration of Electroencephalographic and Evoked Potential Technologists (ABRET) certificate and license (if required) to practice medicine in any State, Territory, or Commonwealth of the United States or the District of Columbia when services are performed onsite on VA property.

All certificates and licenses held by the personnel working on this contract shall be full and unrestricted certificates and licenses. Contractor’s provider(s) who have current, full and unrestricted certificates and licenses in one or more states, but who have, or ever had, a certificate or license restricted, suspended, revoked, voluntarily revoked, voluntarily surrendered pending action or denied upon application will not be considered for the purposes of this contract.

0. Board Certification: All Contractor’s provider(s) shall be certified/credentialed by American Board of Registration of Electroencephalographic and Evoked Potential Technologists (ABRET) and be currently certified in Basic Life Support (BLS), Advanced Cardiac Life Support (ACLS) or equivalency. All continuing education courses required for maintaining certification must always be kept up to date. Documentation verifying current certification shall be provided by the Contractor to the VA COR on an annual basis for each year of contract performance.

0. Credentialing and Privileging: Credentialing and privileging is to be done in accordance with the provisions of VHA Handbook 1100.19 and VHA Directive 2012-030 referenced above. The Contractor is responsible to ensure that proposed provider(s) possesses the requisite credentials enabling the granting of privileges. No services shall be provided by any Contractor’s provider(s) prior to obtaining approval by the VAPSHCS Professional Standards Board, Medical Executive Board and Medical Center Director.

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

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

0. Continuing Medical Education (CME)/ Certified Education Unit (CEU) Requirements: Contractor shall provide the COR copies of current CMEs as required or requested by the VAMC. Contractor’s provider(s) registered or certified by national/medical associations shall continue to meet the minimum standards for CME to remain current. Contractor shall report CME hours to the Credentials Office for tracking. These documents are required for both privileging and re-privileging. Failure to provide shall result in loss of privileges for Contractor’s provider(s).

0. Training (ACLS, BLS, EHR and VA MANDATORY): Contractor shall meet all VA educational requirements and mandatory course requirements defined herein; all training must be completed by the contractor’s provider(s) as required by the VA. Other training may become required. VA will communicate any changes to the training requirement to the contractor.

VA Privacy and Information Security Awareness and Rules of Behavior

Annual

0. Standard Personnel Testing (PPD, etc.): Contractor shall provide proof of the following tests for provider(s) 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.

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

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

6. VARICELLA: Contractors shall provide proof of immunity for all Contractor provider(s) {This is applicable to all health care workers}.

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

6. INFLUENZA: Contractors shall provide proof that all Contractor physicians have received the annual Influenza vaccine unless it is contraindicated. If the Contractor provider(s) has a medical contraindication to the vaccine, they shall be required to wear a mask during the Influenza season. {This is applicable to all health care workers}.

6. OSHA REGULATION CONCERNING OCCUPATIONAL EXPOSURE TO BLOODBORNE PATHOGENS: Contractor shall provide evidence of completing and passing generic self-study blood-borne pathogen training for all Contractor’s provider(s) {This is applicable to all health care workers}; provide their own Hepatitis B vaccination series and hepatitis B surface antigen test results following the hepatitis B vaccination series; maintain an exposure determination and control plan; maintain required records; and ensure that proper follow-up evaluation is provided following an exposure incident.

6. The VAMC shall notify the Contractor of any significant communicable disease exposures as appropriate. Contractor shall adhere to current CDC/HICPAC Guideline for Infection Control in health care personnel ( as published in American Journal for Infection Control- AJIC 1998; 26:289-354 http://www.cdc.gov/hicpac/pdf/InfectControl98.pdf) for disease control. Contractor shall provide follow up documentation of clearance to return to the workplace prior to their return.

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

0. DEA: Contractor shall provide copy of current DEA certificate, if required.

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

0. Citizenship related Requirements:

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

10. While performing services for the Department of Veterans Affairs, the Contractor shall not knowingly employ, contract or subcontract with an illegal alien; foreign national non-immigrant who is in violation their status, as a result of their failure to maintain or comply with the terms and conditions of their admission into the United States. Additionally, the Contractor 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.

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

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

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

1.0.11. Annual Office of Inspector General (OIG) Statement: In accordance with HIPAA and the Balanced Budget Act (BBA) of 1977, the Department of Health and Human Services (HHS) Office of Inspector General (OIG) has established a list of parties and entities excluded from Federal health care programs. Specifically, the listed parties and entities may not receive Federal Health Care program payments due to fraud and/or abuse of the Medicare and Medicaid programs.

11. Therefore, Contractor shall review the HHS OIG List of Excluded Individuals/Entities on the HHS OIG web site at http://oig.hhs.gov/exclusions/index.asp to ensure that the proposed Contractor’s provider(s) are not listed. Contractor should note that any excluded individual or entity that submits a claim for reimbursement to a Federal health care program, or causes such a claim to be submitted, may be subject to a Civil Monetary Penalty (CMP) for each item or service furnished during a period that the person was excluded and may also be subject to treble damages for the amount claimed for each item or service. CMP’s may also be imposed against the Contractor that employ or enter into contracts with excluded individuals to provide items or services to Federal program beneficiaries.

11. 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.

1. Clinical/Professional Performance: The qualifications of Contractor personnel are subject to review by VA Medical Center COS or his/her clinical designee and approval by the Medical Center Director as provided in VHA Handbook 1100.19 and VHA Directive 2012-030. Clinical/Professional performance monitoring and review of all clinical personnel covered by this contract for quality purposes will be provided by the VAMC COS and/or the Chief of the Service or his designee. A clinical COR may be appointed, however, only the CO is authorized to consider any contract modification request and/or make changes to the contract during the administration of the resultant contract.

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

1. 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.

1. Prohibition against Self-Referral: Contractor’s provider(s) are prohibited from referring VA patients to contractor’s or their own practice(s).

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

1. No Employee status: The Contractor shall be responsible for protecting Contractor’s provider(s) 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:

6. Workers’ compensation

6. Professional liability insurance

6. Health examinations

6. Income tax withholding, and

6. Social security payments.

1. Tort Liability: The Federal Tort Claims Act does not cover Contractor or Contractor’s physician(s). When a Contractor or Contractor’s provider(s) has been identified as a provider in a tort claim, the Contractor shall be responsible for notifying their legal counsel and/or insurance carrier. Any settlement or judgment arising from a Contractor’s (or Contractor’s provider(s)) action or non-action shall be the responsibility of the Contractor and/or insurance carrier.

1. Key Personnel:

8. The VA Full Time Equivalency (FTE): FTE is defined by VA as a minimum of 80 hours every two weeks and does not include holidays.

8. The minimum number of credentialed technologist providers required to be on site on a daily basis is variable as defined in paragraph Hours of Operation in this section.

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

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

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

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

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

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

1. VA HOURS OF OPERATION/SCHEDULING:

2. VA Business Hours:

Currently the normal OR hours are Monday thru Friday (excluding holidays) from 6:30 am to 5:30 pm. Coverage must also include “after hours”, when the VAMC OR is closed including evenings, weekends, and holidays; 24/7, 365 days coverage.

0. Patients must be seen by a Contractor’s provider(s) on-site at PSHCS 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.

0. Contractor’s provider(s) shall be available and present in OR during normal PSHCS OR hours, PSHCS which will be established, and may be revised, as deemed appropriate for patient care by the Chief of Staff. Currently, normal OR hours are 6:30 am to 5:30 pm.

0. Off-hours Coverage: Contractor must make the Contractor’s provider(s) available during all hours when the VAPSHCS clinic is closed, including evenings, weekends and holidays.

2. Contractor’s provider(s) must always be available for phone consultations with VA residents and physicians.

2. Contractor’s provider(s) must be available with 15 minutes by phone and on-site within 2 hours.

2. Federal Holidays: The following holidays are observed by the Department of Veterans Affairs:

1. New Year’s Day

1. President’s Day

1. Martin Luther King’s Birthday

1. Memorial Day

1. Independence Day

1. Labor Day

1. Columbus Day

1. Veterans Day

1. Thanksgiving

1. Christmas Any day specifically declared to be a national holiday.

1. CONTRACTOR RESPONSIBILITIES

3. Clinical Personnel Required: The Contractor shall provide Contractor’s provider(s) who are competent, qualified per this performance work statement and adequately trained to perform assigned duties.

0. Contractor’s provider(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.

3. Standards of Care: The Contractor’s provider(s)’ care shall cover the range of Intraoperative Neuromonitoring 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:

1. American Association for Neurological Surgeons Guidelines: https://www.aans.org/Advocacy/Advocacy-News/Guidelines

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

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

1. The requirements contained in this PWS

3. MEDICAL RECORDS

2. Authorities: Contractor’s provider(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).

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

2. Disclosure: Contractor’s provider(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.

2. 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=3088 and all guidelines provided by the VAMC.

2. Release of Information: The VA shall maintain control of releasing any copies of patient health information or health records and will follow policies and standards as defined, but not limited to Privacy Act requirements. Contractor will not release or disclose copies of records and will refer all such requests to the Release of Information Department at the VA facility were assigned.

2. Management for Medical Records: National Archives and Records Administration record disposition requirements are found in RCS 10-1 Chapter 6, 6000 series.

3. Direct Patient Care: estimated 100% of the time involved in direct patient care.

3. Per the qualification section of this PWS, the Contractor shall provide the following staff:

0. Credentialed Intraoperative Neuromonitoring Technician and Neurophysiologist Services.

To provide PSHCS on-site complete Intraoperative Neuromonitoring Service to include after-hours coverage in support of PSHCS, 1660 S Columbian Way, Seattle, WA 98108. The contractor shall be local to the Seattle/Puget Sound area and have more than one backup technician that is based local to the PSHCS. Required services will be performed at the PSHCS. The contractor will be required to provide the equipment, labor, materials, accessories, and supplies necessary for complete IONM services in support of any of the eight operating rooms. The contractor’s technician(s) shall cover the range of complete IONM 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 national standards American Association for Neurological Surgeons (AANS) and American Board of Registration of Electroencephalographic and Evoked Potential Technologists (ABRET). The complete IONM services are required as scheduled or on an as needed/cases-by-case which enables the PSHCS to offer IONM options to patients under direct medical care with-in its operating room. IONM services includes, but is not limited to, complex surgical procedures such as: Spine surgery, Neurosurgery, and Vascular Surgery. The contractor shall be able to provide on-site complete IONM services during scheduled timeframes, and during emergencies 24 hours a day, seven days a week, and 365 days a year.

3. Scope of Care: Contractor’s provider(s) (as appropriate and within scope of practice/privileging) shall be responsible for providing NEUROSURGERY care, including, but not limited to:

1. The Contractor shall provide credentialed Technologists to provide electrophysiological (EP) monitoring of patients undergoing spinal surgery at PSHCS. EP monitoring includes, standard lower and upper limb somatosensory evoked potential (SSEP), motor evoked potential (MEP), electromyography (EMG) and brainstem evoked potential (BSEP) for medically indicated neurosurgical cases, such as cervical and lumbar spinal stenosis, cervical myelopathy, and cervical and lumbar disc herniations associated with radiculopathy.

1. The Contractor shall provide credentialed Neurophysiologists to provide real-time electro-diagnostic monitoring and interpretation for patients undergoing spinal surgery at the PSHCS. The individual must be certified in clinical Neurophysiology by the American Board of Neurophysiologic Monitoring. This service will begin when the administration of anesthesia commences and continue until the end of the case.

1. The monitoring services provided by the Technologist are subject to overall technical direction by a Neurophysiologist, who will provide on-site or remote real-time intra-operative electrodiagnosis during the entire monitored neurosurgical procedure.

1. The neuro-monitoring services described in this contract are subject to the overall technical direction of the VA Chief of Neurosurgery (or delegate)>

1. The Contractor shall provide Intraoperative Surgical Neurophysiologic Monitoring Services for VA patients for an estimated once per week, at an estimated five (5) hours of time for each case. The operating room schedule will be established the week prior and normally be a set day each week with the cases typically between the hours of 6:30 am to 5:30 pm.

1. Notification from the VA for a procedure cancellation will be given to the Contractor at least 24 hours prior.

1. Although most cases will be schedule during normal working hours (6:30 am to 5:30 pm), the Contractor shall be available to provide service seven (7) days a week, 24 hours per day. Contractor must provide personnel and equipment for any emergency procedure withing two (2) hours of notification by VA.

1. Clinic and Surgical Care: Contractor provider(s) shall provide clinical IONM services. Contractor provider(s) shall be present on time for any scheduled clinics/surgeries as documented by physical presence in the clinic or operating room at the scheduled start time.

7. Operative Services: Contractor’s provider(s)shall provide comprehensive Neuromonitoring services including but not be limited to evoked potentials and electromyography services normally provided to civilian health care facilities for similar cases in accordance with the specifications and requirements contained herein. Both Technologists and Neurophysiologist services are required.

7. Contractor’s provider(s)shall provide credentialed Technologists to provide electrophysiological (EP) monitoring of patients undergoing spinal surgery at the PSHCS. Electrophysiological (EP) monitoring includes, standard lower and upper limb somatosensory evoked potential (SSEP), motor evoked potential (MEP) electromyography (EMG) and brainstem evoked potential (BSEP) for medically indicated neurosurgical cases, such as cervical and lumbar spinal stenosis, cervical myelopathy, and cervical and lumbar disc herniations associated with radiculopathy.

7. The contractor shall provide credentialed Neurophysiologists to provide real-time electro-diagnostic monitoring and interpretation for patients undergoing spinal surgery at the Seattle Division of VAPSHCS. The individual must be certified in clinical Neurophysiology by the American Board of Neurophysiologic Monitoring. This service will begin when the administration of anesthesia commences and continue until the end of the case.

7. The monitoring services provided by the Technologist are subject to overall technical direction by a Neurophysiologist, who will provide on-site or remote real-time intra-operative electrodiagnosis during the entire monitored neurosurgical procedure.

7. Medications: Contractor’s provider(s)shall follow all established medication policies and procedures. No sample medications shall be provided to patients.

1. ADMINISTRATIVE: estimated 0% of time not involved in direct patient care.

8. QA/QI documentation: The Contractor’s provider(s) shall complete the appropriate QM/PI documentation pertaining to all procedures, complications and outcome of examinations.

8. Patient Safety Compliance and Reporting: Contractor’s provider(s) shall follow all established patient safety and infection control standards of care. Contractor’s provider(s) shall make every effort to prevent medication errors, falls, and patient injury caused by acts of commission or omission in the delivery of care. All events related to patient injury, medication errors, and other breeches of patient safety shall be documented in the medical record of those impacted and disclosed to the patient or surrogate. As soon as practicable (but within 24 hours) Contractors shall notify COR of incident and submit an entry in the VA Patient Safety Reporting System, following up with COR as required or requested.

3. PERFORMANCE STANDARDS, QUALITY ASSURANCE (QA) AND QUALITY IMPROVEMENT(QI)

4. Quality…