S02 36C24226Q0259 3.19.26.docx

36C24226Q0259

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

03-19-2026 Meaghan Gallagher Meaghan.Gallagher@va.gov 4-09-2026 12:00pm

EST

36C242 Department of Veterans Affairs Network Contracting Office (NCO) 2 Buffalo VA Medical Center 3495 Bailey Ave.

Buffalo NY 14215 Meaghan Gallagher Meaghan.Gallagher@va.gov

X

621512 $19 Million

N/A

36C630 Department of Veterans Affairs VA Albany Health Care System Albany VA Medical Center 113 Holland Ave.

Albany NY 12208 36C242 Department of Veterans Affairs Network Contracting Office 2 Buffalo VA Medical Center 3495 Bailey Ave Buffalo NY 14215

Tungsten Network https://www.tungsten-network.com/ customer-campaigns/veteransaffairs/

See CONTINUATION Page The Albany VA Medical Center seeks remote Teleradiology Physician services for the Radiology Department, as described in the Performance Work Statement (PWS) herein.

The Schedule of Services begins on Page 7 The Performance Work Statement begins on Page 10

The Instructions to Offerors Addendum Checklist begins on

Quote must be received in full by 04/09/2026 at 12:00 EST to Meaghan.Gallagher@va.gov. Please request a "read receipt" to confirm delivery. Faxed or mailed quotes will not be accepted.

Please contact Meaghan Gallagher, Contract Specialist, with any questions about the solicitation via email:

Meaghan.Gallagher@va.gov

See CONTINUATION Page To be indicated on each funding obligation document.

Donna Richardson

CONTRACTING OFFICER

Table of Contents

D.6 KEY PERSONNEL………………………………………………………………………100

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. CONTRACT ADMINISTRATION:

a. Contractor:

Company Name: __________________________________________

Facility Name: __________________________________________

Address: __________________________________________

Point of Contact/Title: __________________________________________

Telephone number: __________________________________________

Fax Number: __________________________________________

Email: __________________________________________

DUNS Number: __________________________________________

SAM UEI: __________________________________________

TIN Number: __________________________________________

b. Government:

Meaghan Gallagher, Contracting Specialist Department of Veterans Affairs Network Contracting Office (NCO 2) Phone: 716-862-7461 Email: Meaghan.Gallagher@va.gov

Donna Richardson, Contracting Officer Department of Veterans Affairs Network Contracting Office (NCO 2) Phone: 917-951-1695 Email: Donna.Richardson4@va.gov

3. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with 52.232-33, Payment by Electronic Funds Transfer – System for Award Management.

4. INVOICES: Invoices shall be submitted monthly in arrears.

5. 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. 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.

6. CONTRACT MODIFICATIONS: The Contractor is advised that only the Contracting Officer acting within the scope of the contract and his/her duties and responsibilities and after advice and consultation with the Contracting Officer’s Representative (COR), has the authority to make changes that will affect prices, quantity, quality, delivery terms and conditions, or the terms of the task order. In no event shall any understanding or agreement, modification, change order, or other matters in deviation from the terms of this task order between Contractor and a person other than the Contracting Officer be effective or binding upon the Government. All such actions must be formalized by the proper contractual document executed by the Contracting Officer.

7. CONTRACTING OFFICER’S REPRESENTATIVE: Prior to award, the Contracting Officer will designate the Program Specialist to act as Contracting Officer’s Representative (COR). All work coordination shall be made through the COR. The Contractor shall be provided a copy of the letter of delegation authorizing the COR at the commencement of the term of this agreement. No other person shall be authorized to act in such capacity unless appointed in writing by the Contracting Officer.

8. QUOTE DELIVERY: Offers shall be submitted electronically through email to Meaghan Gallagher at: Meaghan.Gallagher@va.gov

9. SYSTEM FOR AWARD MANAGEMENT (SAM): Per FAR 4.1102, offerors must be listed in SAM at the time of offers due AND at the time of award. SAM includes the functionality of the previous Central Contractor Registration (CCR) and Online Representations and Certifications Applications (ORCA). A contract will not be entered into with an unregistered contractor. Internet access allows registration by completing an electronic online registration application at http://www sam.gov/.

10. SOLICITATION/TASK ORDER: This solicitation adheres to the format defined in FAR Parts 12, 16.5 of the FAR. The text of the FAR is available at https://www.acquisition.gov.

11. SECURE FAX

Please review VA Handbook 6500 that requires the following statement on all fax cover sheets be included: “This fax is intended only for the use of the person or office to which it is addressed and may contain information that is privileged, confidential, or protected by law. All others are hereby notified that the receipt of this fax does not waive any applicable privilege or exemption for disclosure and that any dissemination, distribution, or copying of this communication is prohibited. If you have received this fax in error, please notify this office immediately at the telephone number listed above.”

12. POST AWARD ORIENTATION: The Contracting Officer will schedule a post award orientation conference for task order orientation purposes.

13. ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

Page 1 of Page 1 of

B.2 SCHEDULE OF SERVICES AND PRICE

Services Provided: The Contractor shall furnish all key personnel to perform Tele-Radiology Physician Services in accordance with the specifications contained herein to beneficiaries of the Department of Veterans Affairs (VA) and the Albany-Stratton VA Medical Center.

The VA Radiology Services follow the standards & guidelines set forth by American College of Radiology (ACR). A contractor providing tele-radiology services shall provide services that meet or exceed the American College of Radiology Guidelines https://www.acr.org/-/media/ACR/Files/Practice-Parameters/IRClin-Prac-Mgmt.pdf.

Place of Performance: Services shall be provided off-site at the Contractor’s location.

Key Personnel: Key Personnel shall be defined and updated in Attachment D.5, Key Personnel.

Estimated Quantities: All quantities listed herein are estimated annual quantities. The Government is not obligated to purchase any specified amount of services under this contract beyond the contract minimum but will be obligated to make payment for all services requested and received in quantities and of the quality requested. A task order shall be issued at the start of each performance period.

Guaranteed Minimum Order: The government will order at least $100,000.00. in services during the base year of the contract. The guaranteed minimum order amount applies only to the base year. Award of additional option years is not guaranteed nor is there a guaranteed minimum order amount in any given option year that is exercised.

Maximum Order Amount: The potential aggregate contract maximum order amount in services over the term of the entire contract period of performance is $3,000,000.00.

Ordering Procedures: A task order in the amount of the estimated quantity will be issued for each performance period. Only the contracting officer can issue task order prior to the period of performance. Task orders will be sent to the contractor prior to start of the period of performance.

Pricing Instructions: Offeror is to complete unit price and estimated total price for each Line Item Number (LIN) on Schedule of Service

BASE YEAR: TBD

(Annually)

Option Year 1: TBD

(Annually)

B.3 PERFORMANCE WORK STATEMENT FOR TELERADIOLOGY SERVICES

1. GENERAL:

1.1 Services Required: The Contractor shall furnish Board Certified Radiology Physician Services in accordance with the specifications contained herein to beneficiaries of the Department of Veterans Affairs and the Albany-Stratton VA Medical Center. The VA Radiology Services are accredited by ACR and follow the standards & guidelines set forth by American College of Radiology. A contractor providing tele-radiology services shall provide services consistent with The Joint Commission (TJC) and that meet or exceed VA and the American College of Radiology Guidelines as defined in this document.

1.2. Place of Performance: Contractor shall furnish services through teleradiology at the teleradiology provider’s off-site office or home office.

1.3. Authority: Title 38 USC 8153, Healthcare Resources (HCR) Sharing Authority, and FAR Parts 12, 13 and 16 in combination with VAAR 873.

1.4. Policy/Directives/Handbooks. The contractor shall be subject to the following policies, including any subsequent updates during the period of performance. The policies listed below can be accessed electronically at the following: VA Publications VHA Publications

1.4.1. VA Directive 1663: Health Care Resources (HCR) Contracting – Buying Title 38 U.S.C. 8153

1.4.2. VHA Directive 1003.04: VHA Patient Advocacy

1.4.3. VHA Directive 1065: Productivity and Staffing Guidance for Specialty Provider Group Practice

1.4.4. VHA Directive 1088(1): Communicating Test Results to Providers and Patients

1.4.5. VHA Directive 1100.18: Reporting and Responding to State Licensing Boards

1.4.6. VHA Directive 1100.20: Credentialing of Health Care Providers

1.4.7. VHA Directive 1100.21: Privileging

1.4.8. VHA Directive 1605.01: Privacy and Release of Information

1.4.9. VHA Directive 1907.01: VHA Health Information Management and Health Records

1.4.10. VHA Handbook 1100.17: National Practitioner Data Bank (NPDB) Reports

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

1.4.12. 42 Code of Federal Regulations (CFR) Part 482 Conditions of Participation Hospitals:https://www.ecfr.gov/cgi-bin/text-idx?node=pt42.5.482&rgn=div5

1.5. ACRONYMS/DEFINITIONS:

1.5.1. ABR: American Board of Radiology

1.5.2. ACGME: Accreditation Council for Graduate Medical Education

1.5.3. ACO: Administrative Contracting Officer

1.5.4. ACR: American College of Radiology

1.5.5. AOA: American Osteopathic Association

1.5.6. AOD: Admitting Officer of the Day

1.5.7. BAA: Business Associate Agreement

1.5.8. CDC: Centers for Disease Control and Prevention

1.5.9. CDR: Contract Discrepancy Report

1.5.10. CEU: Certified Education Unit

1.5.11. Clinical Privileging: Clinical 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, and within available resources.

1.5.12. CME: Continuing Medical Education

1.5.13. CMS: Centers for Medicare and Medicaid Services

1.5.14. CO: Contracting Officer

1.5.15. COR: Contracting Officer’s Representative

1.5.16. COS: Chief of Staff

1.5.17. CPARS: Contractor Performance Assessment Reporting System

1.5.18. CPRS: Computerized Patient Recordkeeping System- electronic health record system used by the VA.

1.5.19. Credentialing: Credentialing is the process of obtaining, verifying, and assessing the qualifications of a health care provider to provide care or services in or for the VA health care system. Credentials are documented evidence of licensure, education, training, experience, or other qualifications.

1.5.20. DEA: Drug Enforcement Agency

1.5.21. EHR: Electronic Health Record – electronic health record system used by the VA.

1.5.22. FSMB: Federation of State Medical Boards

1.5.23. FTE: Full Time Equivalent VA’s standard definition is for full time working the equivalent of 80 hours every two weeks, 2080 hours per year. However, providers may propose using their standard FTE definition.

1.5.24. HHS: Department of Health and Human Services

1.5.25. HIPAA: Health Insurance Portability and Accountability Act

1.5.26. HR: Human Resources

1.5.27. ISO: Information Security Officer

1.5.28. Key Personnel: The individuals specified in this contract who are essential to work performance.

1.5.29. NHPP: National Health Physics Program- NHPP provides regulatory oversight for the Nuclear Regulatory Commission master materials license issued to VHA to include permitting for use of materials, on-site inspections, and investigations of allegations, medical events, and incidents. In addition, we provide oversight for machine sources of ionizing radiation used for radiation therapy. Finally, we provide assistance and technical information for uses of ionizing radiation for healthcare diagnosis and treatment and non-human biomedical research. (http://www.patientcare.va.gov/NHPP.asp)

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

1.5.31. NPPES: National Plan and Provider Enumeration System

1.5.32. POP: Period of Performance

1.5.33. PWS: Performance Work Statement

1.5.34. QASP: Quality Assurance Surveillance Plan

1.5.35. QA/QI: Quality Assurance/Quality Improvement

1.5.36. QM/PI: Quality Management/Performance Improvement

1.5.37. QMP: Quality Management Program

1.5.38. SPE: Senior Procurement Executive

1.5.39. TJC: The Joint Commission

1.5.40. VA: Department of Veterans Affairs

1.5.41. VetPro: Is VHA’s mandatory credentialing software platform to document the credentialing of VHA health care providers. This system facilitates completion of a uniform, accurate, and complete credentials file.

1.5.42. VHA: Veterans Health Administration

1.5.43. VISN: Veterans Integrated Services Network

1.5.44. VistA: Veterans Information Systems Technology Architecture

2. QUALIFICATIONS

2.1 Staff Facility

2.1.1 License: Contract physician(s) assigned by the Contractor to perform the services covered by this contract shall have a current license to practice medicine in the State, Territory, or Commonwealth of the United States or the District of Columbia where services are being performed.

All licenses held by the key personnel working on this contract shall be full and unrestricted licenses. Information on state licensing in tele-radiology may be found at this site: Teleradiology | American College of Radiology (acr.org). Contract physician(s) who have current, full and unrestricted licenses in one or more states, but who have, or ever had, a license restricted, suspended, revoked, voluntarily revoked, voluntarily surrendered pending action or denied upon application will not be considered for the purposes of this contract.

2.1.2 Board Certification: All contract physician(s) shall be board certified. All continuing education courses required for maintaining certification must be kept up to date at all times. Documentation verifying current certification shall be provided by the Contractor to the VA COR on an annual basis for each year of contract performance.

2.1.3 Credentialing and Privileging: Credentialing and privileging is to be done in accordance with the provisions of VHA Directive 1100.20 and VHA Directive 1100.21 referenced above. The Contractor is responsible to ensure that proposed physician(s) possesses the requisite credentials enabling the granting of privileges. No services shall be provided by any contract physician(s) prior to obtaining approval by the Facility Medical Executive Board and Medical Center Director.

2.1.3.1 If a contract physician(s) and/or other contract provider(s) are not credentialed and privileged or have credentials/privileges suspended or revoked, the Contractor shall furnish an acceptable substitute without any additional cost to the government.

2.1.3.2 When telemedicine services are being provided by contract physician (s) who direct, diagnose, or otherwise provide clinical treatment to a patient via a telemedicine link, the contract physician (s) must be appointed, credentialed, and privileged at the VA facility (facilities) which receive the telemedicine services (patient site), as well as at the site providing the services. The following requirements apply:

2.1.3.3 Contract licensed independent practitioners must be credentialed and privileged through the VA facility’s Medical Staff Office in accordance with Credentialing and Privileging Directives 1100.20 and 1100.21 and VHA Directive 1914.

2.1.3.4 Separately delineated privileges for telemedicine services must be requested and assigned in this process.

2.1.3.5 In general, the credentialing process should be started at least 60-90 days in advance of estimated entry on duty. The time required for this process may be expedited when patient care needs are urgent.

2.1.3.6 The VA’s Medical Staff Office will provide an instruction packet containing forms and a detailed listing of required documentation, including curriculum vitae, current references, signed release of information from the candidate, and statement that the candidate does not have any physical or mental health condition that would adversely affect his/her ability to carry out the assigned duties, and additional credentialing forms. The candidate will also be required to make application through the VetPro internet-based process. The candidate will need to be enrolled in VetPro by the Credentialing Coordinator at the VA designee. The website address is: http://fep.vetpro.org/. It is the Contractor’s responsibility to contact the VA Albany Medical Staff Office vhaalncredpriv@va.gov to request a package and instructions.

2.1.3.7 It is the Contractor’s responsibility to contact the VA Albany VAMC to request a package and instructions.

2.1.3.8 When contract physician (s) provide only teleconsultation by offering advice that supports care provided by VA’s on site licensed independent providers, the Contractor must furnish VA with a copy of the contract physician(s) credentials, verification of credentials, and current clinical privileges. The contract physician(s) providing teleconsultation services do not have to be separately privileged at the VA facility.

2.1.3.9 The Contractor must furnish a copy of its policy and procedures for credentialing and privileging to the Contracting Officer and COR for review to ensure these meet the VA’s requirements for establishment of competence through these mechanisms.

2.1.4 Technical Proficiency: Contract physician(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’s physicians shall have knowledge of professional care theories, principles, practices, and procedures to serve Radiology & Nuclear Medicine patient population. Contractor shall provide verifiable evidence of all educational and training experiences including any gaps in educational history for all contract physician(s) and other contract 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.

2.1.5 Continuing Medical Education (CME)/Certified Education Unit (CEU) Requirements: Contractor shall provide the COR copies of current CMEs as required or requested by the VAMC. Contractors registered or certified by national/medical associations shall continue to meet the minimum standards for CME to remain current. CME hours shall be reported to the credential’s office for tracking. These documents are required for initial and renewal privileging. Failure to provide shall result in loss of privileges for contract physician(s).

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

2.1.7 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.

2.1.8 DEA: A DEA certificate is not required for performance under this contract. However, if Radiologist currently has an active DEA certificate, information regarding certificate must be provided to the VA during the Credentialing process.

2.1.9 Conflict of Interest: The Contractor and all contract physician(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.

2.1.10 Citizenship Related Requirements:

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

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

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

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

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

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

2.1.12.1. Therefore, Contractor shall review the HHS OIG List of Excluded Individuals/Entities on the HHS OIG web site at http://oig.hhs.gov/exclusions/index.asp to ensure that the proposed contract physician(s) is 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.

2.1.12.2. By submitting their proposal, the Contractor certifies that the HHS OIG List of Excluded Individuals/Entities has been reviewed and that the Contractors are and/or firm is not listed as of the date the offer/bid was signed.

2.2 Clinical/Professional Direction: 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 Directive 1100.20 and VHA Directive 1100.21. Clinical/Professional direction of all clinical personnel covered by this contract will be provided by the facility COS and/or the Chief of the Service or his designee. A clinical COR may be appointed, however, only the CO is authorized to consider any contract modification request and/or make changes to the contract during the administration of the resultant contract.

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

2.4 Indemnification: The Contractor shall be liable for, and shall indemnify and hold harmless the Government against, all actions or claims for loss of or damage to property or the injury or death of persons, arising out of or resulting from the fault, negligence, or act or omission of the Contractor, its agents, or employees.

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

2.6 Inherent Government Functions: Contractor and Contract physician(s) and other contract 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.

2.7 No Employee Status: The Contractor shall be responsible for protecting Contract physician(s) and other contract 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:

2.7.1 Workers’ compensation

2.7.2 Professional liability insurance

2.7.3 Health examinations

2.7.4 Income tax withholding, and

2.7.5 Social security payments.

2.8 Tort Liability: The Federal Tort Claims Act does not cover Contractor or contract physician(s) and other contract provider (s). When a Contractor or contract physician(s) and/or other contract 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 contract physician(s) or other contract provider (s)) action or non-action shall be the responsibility of the Contractor and/or insurance carrier.

2.9 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 contract physician(s) leaves Contractor’s employment or is unable to continue performance in accordance with the terms and conditions of the resulting contract.

2.9.1 Contractor shall submit a listing of proposed key personnel performing technical delivery of services in the following format:

Provider Name: Title/Rank: .

Curriculum Vitae and qualification documents of each key personnel shall be submitted with the proposal.

2.10 Emergency 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 days 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.

2.10.1 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.

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

2.10.3 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 contract physician(s), s/he may request, without cause, immediate replacement of said contract physician(s).

2.10.4 The CO and COR shall deal with issues raised concerning Contract physician(s) conduct. The final arbiter on questions of acceptability is the CO.

3 VA HOURS OF OPERATION/SCHEDULING:

3.1 VA Business Hours: Daytime business hours are 8:00 am to 4:30 pm, Monday through Friday except Federal holidays and Weekends, Holidays, Evenings, and Nights (WHEN). WHEN hours are all other times. Contractor will provide teleradiology coverage for Routine studies during WHEN hours to meet the timeliness requirements for reading VA Albany VAMC studies. Contractor will provide teleradiology coverage for STAT studies during WHEN hours when National Teleradiology Program is unable to provide support. Contractor will provide coverage during planned daytime coverage when in-house Radiologists are on scheduled leave and there is no in-house coverage. VA will request same day coverage from Contractor when there is no in-house staff during daytime business hours. Contractor shall be available to the Albany-Stratton VAMC for consultation and interpretation 24 hours a day, 7 days a week, 52 weeks a year for stat, urgent, and routine exams.

3.2 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

3.3 Continuity of Services Under Contact:

3.3.1 Unless a state of emergency has been declared or services are otherwise cancelled by the VAMC, the Contractor shall be responsible for providing services.

3.3.2 Contractor is responsible for providing qualified personnel to read diagnostic imaging studies. The VA must be informed at least 48 hours in advance if there will be a significant change in contractor’s ability to perform to allow for planning of service coverage and workload distribution.

3.3.3 The contractor shall maintain open and professional communication with members of the VISN and Facility Diagnostic Imaging staff. The contractor shall provide up-to-date points of contact to facilitate communication on clinical, technical, and administrative issues. Clinical staff will be available by phone and pager 24/7. The Contractor will provide a schedule of radiologists with telephone numbers for consultation by VA technologists and referring physicians. The contractor will provide a FAX number for the transmission of radiographic orders.

3.3.4 The Contractor shall provide a single phone number with a list of individuals who could be contacted to immediately resolve any difficulties experienced during the hours of teleradiology services and STAT studies after hours. The COR will assure up-to-date rosters of staff are provided to the Contractor.

3.3.5 Tele-Communications:

3.3.5.1 The contractor will secure and maintain the communications link between the contractor’s facility and the VAMCs’ facilities at the contractor’s expense. These expenses may be included in contractor’s proposal as a separate item. The cost to establish and maintain this communication link may be provided if the Government deems it is more cost effective to the Government.

3.3.5.2 In the event of telecommunications failure, the Government shall package, hard copy film or alternative media in Government-provided shipping containers, and ship to the contractor’s facility; using Government provided pre-paid shipping documentation. The contractor’s place of business must be within the confines of the continental United States.

3.3.5.3 The contractor shall make provisions for the proper maintenance and functioning of all imaging, teleradiology and associated equipment, facilities and fixtures as may reasonably be required by Contract Physicians to perform services hereunder.

4 CONTRACTOR RESPONSIBILITIES

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

4.2. Management and Supervision:

4.2.1. The Contractor shall be responsible for supervising the daily services provided under this contract by the Contractor’s staff.

4.2.2. The Contractor shall have written policies and procedures regarding staff credentials and privileging.

4.2.3. The Contractor shall complete background investigations to insure that employees do not have a record of criminal offenses or substantiated incidents of patient abuse; and, if required to perform their duties, employees are properly licensed and insured to operate motor vehicles.

4.3. Standards of Practice: The contract physicians care shall cover the range of Radiology 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 as established by:

4.3.1. The American College of Radiology Guidelines: https://www.acr.org/- /media/ACR/Files/Practice-Parameters/IRClin-Prac-Mgmt.pdf.pdf

4.3.2. ACR Practice Parameter for Communication of Diagnostic Imaging Findings communicationDiag (acr.org)

4.3.3. VA Standards: Imaging_Reporting of Imaging Test Results dated June 2022.docx

4.3.4. The Professional Standards Of The Joint Commission (TJC) http://www.jointcommission.org/standards_information/hap_requirements.aspx

4.3.5. The Standards of the American Hospital Association (AHA)

4.3.6. http://www.hpoe.org/resources?show=100&type=8

4.3.7. The Requirements Contained in this PWS.

4.4. MEDICAL RECORDS

4.4.1. Authorities: Contractor’s physician(s) providing healthcare services to VA patients shall be considered as part of the Department Healthcare Activity and shall comply with the 5 U.S.C.552a (Privacy Act), 38 U.S.C. 5701 (Confidentiality of claimants records), 5 U.S.C. 552 (FOIA), 38 U.S.C. 5705 (Confidentiality of Medical Quality Assurance Records) 38 U.S.C. 7332 (Confidentiality of certain medical records), Title 5 U.S.C. § 522a (Records Maintained on Individuals) as well as 45 C.F.R. Parts 160, 162, and 164 (HIPAA).

4.4.2. 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. Health 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’ (24VA10A7). Contractor generated VA Patient records are the property of the VA and shall not be accessed, released, transferred, or destroyed except in accordance with applicable laws and regulations. Contractor shall ensure that all records pertaining to medical care and services provided to VA patients are captured in the VA electronic health record system as required by VA policy as discussed in 4.4.4.

4.4.3. Disclosure: Contract physician(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; however, Contractor shall obtain permission from the VA before disclosing any patient information outside VA. VA authorizes the Contractor to discuss patient health information for coordination of care within community health care providers in compliance with VA regulations, HIPAA, 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.

4.4.4. Professional Standards for Documenting Care: Care shall be appropriately documented in medical records in accordance with standard commercial practice and guidelines established by VHA Directive 1907.01 Health Information Management and Health Records: https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=9235 and all guidelines provided by the facility.

4.4.4.1. All film interpretations will either meet or exceed established VISN Standards of timeliness, accuracy, content and signature. Only VAMC approved abbreviations will be used for documentation of the patient health record. All imaging exam interpretations shall either meet or exceed established standards of timeliness, accuracy, content, and signature. Only medical abbreviations from The Joint Commission’s National Patient Safety Goals, current edition, will be used for documentation of the patient health record. Those abbreviations not acceptable to conform with the TJC directives are included Attachment “Do Not Use List”.

4.4.4.2. Interpretations shall include the following information: patient’s full name, SSN, date of birth, clinical history, exam case number (accession number), date of interpretation, requesting physician, exam type, interpretation, radiation dose (CT examinations), contrast administered (CT and MRI) and signature of contract radiologist providing interpretation.

4.4.4.2.1. Each VAMC will provide necessary procedures for reports to be reviewed, edited (if required), and for electronic signature approval by the Contractor. Contractor will provide interpretation per routine exam to the respective VAMC within 24 hours after receipt of images. Contractor will not be held responsible for late reports caused by delays in the respective transcription service system. All exam study interpretation reports shall be dictated into the designated VAMC system and verified in the VISN Vista dictation system. Non-routine and emergency exams will be handled on a case-by-case basis, but all emergency exams will take precedence over all routine exams.

4.4.4.2.2. In the event that the VA transcription system experiences downtime Contractor will provide preliminary readings of imaging studies by telephone or fax communication as needed until the reporting system downtime is resolved.

4.4.4.2.3. Supervision of residents for any services provided by such residents must meet all applicable Medicare documentation requirements for teaching physicians. The teaching physician must document that he/she personally reviewed the image and resident's interpretation and either agree with it or edit the findings. A countersignature by an attending of the resident's interpretation is not sufficient.

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

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

4.4.7. Medical…