S02 - 36C24724R0024.pdf

PAGE 1 OF 1. REQUISITION NO.

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

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

TIME

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

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

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

TELEPHONE NO. 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

36C24724R0024 01-05-2024

Chaz Bowling (615) 440-3018

11:00 AM EST

Department of Veterans Affairs VISN 7 Network Contracting Activity 501 Greene Street Hatcher Building - Suite 2 Augusta GA 30901

X 100

X

339115

1000 Employees

Net 30

N/A

X

As directed by individual orders.

See the Statement of Work

VISN 7 Network Contracting Activity 501 Greene Street Hatcher Building - Suite 2 Augusta GA 30901

FMS-VA-2 (101)

Financial Services Center P.O. Box 149971 Austin TX 78714-9971

See CONTINUATION Page

The purpose of this requirement is to procure eyeglass manufacturing and optician services for the VISN 7 facilities.

Period of Performance: 05/01/2024 - 04/30/2029

See CONTINUATION Page

X X

X 1

Chaz D. Bowling

VA-VHA-RPOE-2022-202314

36C24724R0024

Table of Contents

SECTION A

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

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 STATEMENT OF WORK

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

SECTION C - CONTRACT CLAUSES

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

C.2 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.3 52.216-18 ORDERING (AUG 2020)

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

C.5 52.216-22 INDEFINITE QUANTITY (OCT 1995)

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

C.7 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-

DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)

C.8 VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (JAN 2023)

(DEVIATION)

C.9 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.10 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

C.11 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

C.12 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022) .. 124

C.13 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.14 VAAR 852.204-70 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL (MAY 2020)

C.15 VAAR 852.246-71 REJECTED GOODS (OCT 2018)

C.16 IT CONTRACT SECURITY

C.17 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (SEP 2023)

C.18 MANDATORY WRITTEN DISCLOSURES

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

BUSINESS ASSOCIATE AGREEMENT BETWEEN THE DEPARTMENT OF VETERANS

AFFAIRS VETERANS HEALTH ADMINISTRATION, VISN 7, AND

<COMPANY/ORGANIZATION>

SECTION E - SOLICITATION PROVISIONS

E.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) .. 154

E.4 52.216-1 TYPE OF CONTRACT (APR 1984)

E.5 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.6 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

(OCT 2018)

E.7 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.8 VAAR 852.239-75 INFORMATION AND COMMUNICATION TECHNOLOGY

ACCESSIBILITY NOTICE (FEB 2023)

E.9 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.10 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (SEP 2023)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C247, Chaz D. Bowling

VISN 7 Network Contracting Activity

501 Greene Street

Hatcher Building - Suite 2

Augusta GA 30901

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

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [x] As Ordered, Per Patient / Optician Services - Weekly or Monthly at the Discretion of Each Individual Facility

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

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

AMENDMENT NO DATE

B.2 STATEMENT OF WORK

VISN 7 Prescription Eyeglass Manufacturing and Optician Services

1. SCOPE:

1.1. GENERAL: The Department of Veterans Affairs (VA) has an ongoing program to provide prescription eyeglasses (both dress and safety) to eligible Veterans. The Contractor is to provide prescription eyeglass manufacturing and onsite licensed optician services according to contract specification for beneficiaries of the following sites of care and their entire catchment areas (including outpatient clinics) within Alabama, Georgia, and South Carolina VA Health Care Network (VISN 7):

At this time all ordering is done by the site Prosthetic and Sensory Aids Service (PSAS) Central Processing Section. The number of patients covered by this contract is expected to increase/decrease within VISN 7 dependent upon beneficiaries added or removed throughout the contract term.

The terms “patient”, “Veteran”, and “beneficiary” shall be considered interchangeable throughout this document.

1.2. PERIOD OF PERFORMANCE: The contract performance period is for five years,

1.3. VISN 7 PROSTHETIC AND SENSORY AID SERVICE (PSAS) POINT OF CONTACT

LISTING:

Atlanta VAMC (508) 1670 Clairmont Rd Decatur GA 30033

Jeffery Jarvis

(910) 488-2120 Ext. 5640 jeffrey.jarvis2@va.gov

Augusta VAMC (509) 1 Freedom Way Augusta GA 30904

Erich Guerrero

(706) 733-0188 x6170

Erich.Guerrero@va.gov

Birmingham VAMC (521) 700 South 19th St Suite 500, 950 N 22nd St Birmingham AL 35233

Teresa Posey

(205) 933-8101 X3525 Teresa.posey@va.gov

Charleston VAMC 109 Bee St Charleston SC 29493

David Bradbury 843-789-7966

David.Bradbury@va.gov

Columbia VAMC (544) 6439 Garners Ferry Rd Columbia SC 29209

Cheryl Burns

(803) 776-4000 x6330 Cheryl.Burns@va.gov

Dublin VAMC (557) Carl Vinson VA Medical Center 1826 Veterans Blvd Dublin GA 31021

David King

(478) 277-2793

David.King4@va.gov

Central Alabama VA Health Care System (619) 215 Perry Hill Rd Montgomery AL 36109

Michael Howze

(334) 272-4670 x4707

Michael.Howze@va.gov

Central Alabama VA Health Care System (619) West Campus 2400 Hospital Rd Tuskegee AL 36083

Sabrina Washington Jackson

(334) 272-4670 x1186

Sabrina.WashingtonJackson@va.gov

Tuscaloosa VAMC (679) 3701 Loop Rd East Tuscaloosa AL 35404

Nancy Marcuson (205)554-2000 x2371

Nancy.Marcuson@va.gov

1.4. PRICING SCHEDULE: The Contractor shall provide a complete pair of prescription eyeglasses at the fixed prices listed in the Schedule of Supplies/Services. The unit price for CLINs 0001 – 00068 must be all-inclusive of all parts, materials, labor, shipping/delivery, and manufacturing services required, as specified in the Statement of Work (SOW). The estimated quantities included for each line item in the Price Schedule do not include projected increases or decreases over the life of the contract but are instead representative of VISN 7’s actual line-item usage between January 1, 2022 -– September 30, 2023. VISN 7’s usage data for each line item between January 1, 2022, - September 30, 2023, was totaled and divided by 21 (the number of months) to yield a monthly average. The monthly average was then multiplied by 12. These derived totals were then used as the estimated quantities for the line items in the Price Schedule for each annual pricing period. The Government is not obligated to purchase any specified number of products and/or services but shall be obligated to provide payments for all items/services requested in accordance with the solicitation.

1.4.1. Prices are to include UV coating on all lenses and scratch resistance coating on all CR-39 and polycarbonate lenses, balanced lenses, as well as frames and case (case must fit the glasses ordered). The eyeglasses will be shipped inside a soft or hard case, as preferred by the veteran. Safety glasses must be shipped in hard case that will accommodate glasses once side shields are attached whenever possible based on the size of the selected safety frame. If hard case is not possible due to size of safety glasses with side shields attached, a slip-in style case will be provided that can accommodate the glasses with the side shields attached.

In addition, when requested by VA prism up to 6-diopters are to be included at no additional charge to VA. Pricing must be FOB destination to each facility/Veteran.

1.5. DEFINITIONS/ACRONYMS:

1.5.1. ACO – Administrative Contracting Officer

1.5.2. ABO – American Board of Opticianry

1.5.3. ANSI – American National Standards Institute

1.5.4. AQL – Acceptable Quality Level

1.5.5. BAA – Business Associate Agreement

1.5.6. CDR – Contract Discrepancy Report

1.5.7. CEU – Continuing Education Unit

1.5.8. CFR – Code of Federal Regulations

1.5.9. CME – Continuing Medical Education

1.5.10. CO – Contracting Officer

1.5.11. COR – Contracting Officer Representative

1.5.12. CPARS – Contractor Performance Assessment Reporting System

1.5.13. CPRS – Computerized Patient Record System (VA’s current electronic health record)

1.5.14. EHR – Electronic Health Record

1.5.15. ETA – Estimated Time of Arrival

1.5.16. FDA – Food and Drug Administration

1.5.17. FY – Fiscal Year

1.5.18. HHS – Department of Health and Human Services

1.5.19. HIPAA – Health Insurance Portability and Accountability Act

1.5.20. IDIQ – Indefinite Quantity Indefinite Delivery

1.5.21. ISO – Information Security Officer

1.5.22. LIN – Line Item Number

1.5.23. OIG – Office of Inspector General

1.5.24. PD – Pupillary Distance

1.5.25. PHI – Protected Health Information

1.5.26. PKI – Public Key Infrastructure

1.5.27. PO – Purchase Order

1.5.28. PSAS – Prosthetic Sensory Aid Service

1.5.29. QASP – Quality Assurance Surveillance Plan

1.5.30. SOW – Statement of Work

1.5.31. UV – Ultraviolet

1.5.32. VA – Department of Veterans Affairs

1.5.33. VAMC – Veterans Affairs Medical Center

1.5.34. VISN – Veterans Integrated Service Network

2. STAFFING AND QUALIFICATIONS:

2.1. PERSONNEL QUALIFICATIONS, LICENSE, CERTIFICATION: Personnel assigned by the Contractor to perform the services covered by this contract shall be competent and licensed opticians in the state they are working. All licenses held by the personnel working on this contract shall be full and unrestricted licenses and shall be maintained throughout the life of the contract. Additionally, all Contractor opticians shall hold current certification from the American Board of Opticians (ABO certified) and shall maintain certification throughout the life of the contract. The qualifications of such personnel shall also be subject to review by the VA Chief of Staff or designee and approval by the VA Facility Director. All competencies and licenses shall be maintained throughout the contract.

2.2. TECHNICAL PROFICIENCY: Personnel assigned by the Contractor to perform the services covered by this contract 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.

2.3. CREDENTIALING AND PRIVILEGING: Contracted Opticians must have credentialing and privileging as determined by American Board of Opticianry the State for which that Optician is Providing Services.

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

2.4. CME/CEU: Contractor staff registered or certified by national/medical associations shall continue to meet the minimum standards for CME to remain current throughout the life of the contract.

2.5. STANDARD INFECTION CONTROL MEASURES (PPD, IMMUNIZATIONS, ETC.):

The Contractor shall notify the VAMC and/or VAMC notify the contractor (as applicable) 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.

Contractor shall provide proof of the following tests and trainings for Contractor optician personnel that will be providing services onsite at least 2 weeks prior to the first duty shift to the COR and Contracting Officer. Tests shall be current within the past year.

2.5.1. TUBERCULOSIS TESTING: Contractor shall provide proof of a negative Tuberculosis Skin Test (TST) or interferon-gamma release assays (IGRA) for all Contractor opticians {This is applicable to all health care workers}. A negative chest radiographic report for active tuberculosis shall be provided in cases of positive TST or IGRA results. The TST or IGRA testing shall be repeated annually.

2.5.2. MEASLES, MUMPS, & RUBELLA TESTING: Contractors shall provide proof of immunity for all Contractor opticians {This is applicable to all health care workers}.

2.5.3. VARICELLA: Contractors shall provide proof of immunity for all Contractor opticians {This is applicable to all health care workers}.

2.5.4. ACELLULAR PERTUSSIS: Contractors shall provide proof of 1 dose of Tdap vaccination for all Contractor opticians {This is applicable to all health care workers}.

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

2.5.6. 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 opticians {This is applicable to all health care workers}; provide their own Hepatitis B vaccination series and hepatitis B surface antigen test results following the hepatitis B vaccination series; maintain an exposure determination and control plan; maintain required records; and ensure that proper follow-up evaluation is provided following an exposure incident.

2.5.7. COVID-19 Precautions. Contractor shall abide by all CDC guidelines regarding social distancing, cleaning of equipment and materials, and personal protection equipment.

Updated guidelines can be found on the CDC website:

https://www.cdc.gov/coronavirus/2019-ncov/community/index.html.

2.6. TRAINING:

2.6.1. The VA is committed to the electronic medical record as the format of choice for medical documentation. The VA will provide training associated with access and operation of CPRS system to ensure Contractor employees can successfully enter Veteran beneficiary data.

Training will be conducted during normal business hours.

2.6.2. The Contractor shall ensure all contracted employees and designated VA employees are fully trained on all contractor software and applications to perform this requirement (ordering systems, invoicing systems, etc.)

2.6.3. The Contractor shall ensure all employees working at each VAMC complete training to include required annual compliance and privacy requirements (Health Insurance Portability and Accountability Act (HIPAA) of 1996, Compliance Business Integrity, VA Privacy and Information Security Awareness and Rules of Behavior, and Privacy/HIPAA or Mandatory Training for Transient Clinical Staff) training. Training requirements must be completed prior to any Contractor employee to access the Government computer system. Additionally, the Contractor will provide Certificate of Completion upon completion of each training requirements.

2.6.4. When feasible and appropriate VA will attempt to make trainings available remotely, however, there may be instances where this is not possible and on-site participation will be required. Contractor shall be responsible for all costs associated with attending training in person at the VAMCs.

2.6.5. The Government reserves the right to request the Contractor complete any additional training requirements that may be necessary during the initial contract period and any following contract periods based on changes in VA, VHA, or VISN policy and/or regulations.

2.7. ACCESS TO PATIENT INFORMATION: In performance of official duties, Contractor’s provider(s) have regular access to printed and electronic files containing sensitive data, which must be protected under the provisions of the Privacy Act of 1974 (5 U.S.C. 552a), and other applicable laws, Federal Regulations, Veterans Affairs statutes and policies. Contractor’s employee(s) are responsible for (1) protecting that data from unauthorized release or from loss, alteration, or unauthorized deletion and (2) following all applicable regulations and instructions regarding access to computerized files, release of access codes, etc., as set out in a computer access agreement which contract employee(s) signs.

2.7.1. Contractor staff shall complete required security training and sign a VA Computer Access Agreement prior to having access to the VA computer system. Security Training will be accomplished annually. Contractor staff shall be assigned training modules for Privacy Training and Information Security Training. Training certificates shall be provided to the VA COR upon completion. All certificates and reports shall also be provided to the administrative CO.

2.7.2. In addition, Contractor staff will attend CPRS training prior to obtaining CPRS access or providing any patient care services. Contractor staff shall document patient care in CPRS to comply with all VA and equivalent TJC standards.

2.7.3. All contract personnel requiring access to PHI / Encrypted information must obtain a PIV card/badge to ensure secure communications from the VA (e.g. Contract billing staff requiring patient lists with PHI/PII and Contract management personnel requiring PHI/PII information).

2.8. CONFIDENTIALITY OF PATIENT RECORDS:

2.8.1. The Contractor is a VA Contractor and shall assist in the provision of health care to patients seeking such care from or through VA. As such, the Contractor is considered as being part of the Department health care activity. Contractor is considered to be a VA Contractor for purposes of the Privacy Act, Title 5 U.S.C. 552a. Further, for the purpose of VA records access and patient confidentiality, Contractor is considered to be a VA Contractor for the following provisions: Title 38 U.S.C. 5701, 5705, and 7362. Therefore, Contractor may have access as would other appropriate components of VA, to patient medical records including patient treatment records pertaining to drug and alcohol abuse, HIV, and sickle cell anemia, to the extent necessary to perform its contractual responsibilities. However, like other components of the Department and not withstanding any other provisions of the contract, the Contractor is restricted from making disclosures of VA records, or information contained in such records, to which it may have access, except to the extent that explicit disclosure authority from VA has been received. The Contractor is subject to the same penalties and liabilities for unauthorized disclosures of such records as

VA.

2.8.2. The records referred to above shall be and remain the property of the VA and shall not be removed or transferred from VA except in accordance with U.S.C. 551a (Privacy Act), 38 U.S.C. 5701 (Confidentiality of claimants records), 5 U.S.C. 552 (FOIA), 38 U.S.C. 5705 (Confidentiality of Medical quality Assurance Records), 38 U.S.C. 7332 (Confidentiality of Certain Medical Records) and federal laws, rules and regulations. Subject to applicable federal confidentiality or privacy laws, the Contractor, or their designated representatives of federal regulatory agencies having jurisdiction over Contractor, may have access to VA’s records, at VA’s place of business on request during normal business hours, to inspect and review and make copies of such records.

2.9. HIPAA COMPLIANCE: Contractor must adhere to the provisions of Public Law 104-191, Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the National Standards to Protect the Privacy and Security of Protected Health Information (PHI). As required by HIPAA, the Department of Health and Human Services (HHS) has promulgated rules governing the security and use and disclosure of protected health information by covered entities, including the Department of Veterans Affairs (VA).

2.10. Rules of Behavior for Automated Information Systems: Contractor staff having access to VA Information Systems are required to read and electronically sign a Rules of Behavior statement, which outlines rules of behavior related to VA Automated Information Systems. This shall be completed via VA 10176 Privacy and Information Security Awareness Training and Rules of Behavior in TMS prior to obtaining access to VA information systems. Paper copies of the National Rules of Behavior can be obtained from the Facility ISO or COR at any time.

2.11. 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 quotation and during the entirety of contract performance.

2.12. CITIZENSHIP RELATED REQUIREMENTS:

2.12.1. The Contractor certifies that the Contractor shall comply with 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.

2.12.2. While performing services for the Department of Veterans Affairs, the Contractor shall not knowingly employ, contract or subcontract with an illegal alien; foreign national non-immigrant who is in violation their status, because of their failure to maintain or comply with the terms and conditions of their admission into the United States. Additionally, the Contractor is required to comply with all “E-Verify” requirements consistent with “Executive Order 12989” and any related pertinent Amendments, as well as applicable Federal Acquisition Regulations.

2.12.3. 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.

2.12.4. 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.

2.12.5. The Contractor agrees to obtain a similar certification from its subcontracts.

2.13. Annual Office of Inspector General (OIG) Statement: In accordance with The Health

Insurance Portability and Accountability Act (HIPAA) and the Balanced Budget Act (BBA) of 1977, the VA 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.

2.13.1. Therefore, all Contractors shall review the OIG List of Excluded Individuals/Entities on the OIG web site at www.hhs.gov/oig to ensure that the proposed Contract staff and/or firm(s) are not listed. Contractors 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 or entity 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 Contract staff and entities that employ or enter contracts with excluded individuals or entities to provide items or services to Federal program beneficiaries.

2.13.2. By submitting their quotation, the Contractor certifies that the OIG List of Excluded Individuals/Entities has been reviewed and that the Contractor and/or firm is/are not listed as of the date the offer/bid was signed. During the performance of this contract the Contractor is prohibited from using any individual or business listed on the List of Excluded Individuals/Entities.

2.14. Non-Personal Services: The parties agree that the Contractor, contract staff, agents and sub-contractors shall not be considered VA employees for any purpose. All individuals that provide services under this resultant contract and are not employees of the Contractor shall be regarded as subcontractors. The Contractor shall be responsible and accountable for the quality of care delivered by all its subcontractors. The Contractor shall be responsible for strict compliance of all contract terms and conditions without regard to who provides the service.

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

2.16. CONTRACT PERSONNEL/NO EMPLOYEE STATUS: The Contractor shall be responsible for protecting all Contractor personnel furnishing services. To carry out this responsibility, the Contractor shall provide or certify that the following is provided for all contract staff providing services under the resultant contract:

Workers’ compensation Professional liability insurance Health examinations Income tax withholding, and Social security payments

2.17. INHERENTLY GOVERNMENTAL FUNCTIONS PROHIBITED: 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, 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.

2.18. TORT LIABILITY: The Federal Tort Claims Act does not cover contract staff. When a contract staff member has been identified as a provider in a tort claim, the Contractor’s staff member shall notify the Contractor’s legal counsel and/or insurance carrier. Any settlement or judgment arising from a Contractor’s provider’s action or non-action is the responsibility of the Contractor and/or insurance carrier. The Contractor will immediately notify the Contracting Officer of any threatened or potential administrative or legal action and any notice or complaint regarding such action, which relates in any way to this contract.

2.19. KEY PERSONNEL: Any Contractor personnel proposed to provide services under this contract must successfully complete a VA background investigation, credentialing, and receive clearance from the Contracting Officer prior to performing any services under this contract.

2.19.1. The VA Full Time Equivalency (FTE) for the state-licensed and ABO-certified opticians required is (46) FTE total. FTE is defined by VA as a minimum of 80 hours every two weeks and does not include holidays. Contractor opticians are not expected to work more than 40 hours per week. It is anticipated that state-licensed and ABO-certified opticians will be required at the following VA Eye Clinics for the normal business hours defined in SOW paragraph 3.1. The site locations for performance and the staffing levels for this requirement are identified below:

2.19.1.1. Atlanta VAMC (508) - 1670 Clairmont Rd, Decatur, GA 30033 (Staffing 5)

2.19.1.1.1. Trinka Davis CBOC, 180 Martin Dr. Carrollton, GA 30117 (Staffing 1)

2.19.1.1.2. Cobb County VA Multispecialty Clinic, 1263 Cobb Parkway North, Marietta.

GA 30066 (Staffing 2)

2.19.1.1.3. Tucker 2309 Parklake Drive Northeast, Atlanta, GA 30345-2914 (Staffing 2)

2.19.1.1.4. Lawrenceville CBOC, 455 Philip Blvd. Ste. 200, Lawrenceville, GA 30046

2.19.1.1.5. Oakwood CBOC, 4175 Tanners Creek Dr. Flowery Branch, GA 30542

2.19.1.1.6. Rome CBOC, 30 Chateau Dr. SE, Rome GA 30161

2.19.1.1.7. Blairsville CBOC, 1294 Hwy 515 E., Blairsville, GA, 30512

2.19.1.1.8. Atlanta CBOC x 2 locations, (Arcadia Road) 250 N. Arcadia Avenue, Decatur

GA, 30030

2.19.1.1.9. Fort McPherson CBOC, 1701 Hardee Ave, Atlanta GA 30310

2.19.1.1.10. Newnan CBOC, 39A Oak Hill Ct. Newnan, GA 30265

2.19.1.1.11. Stockbridge CBOC, 175 Medical Blvd. Stockbridge, GA 30281

2.19.1.1.12. Pickens CBOC – 934 East Church St, Room 150, Jasper, GA 30143

2.19.1.1.13. Covington CBOC – 10155 Eagle Dr. Covington, GA 30014

2.19.1.1.14. Pike CBOC x 2 locations – 9528 US Highway 19, Zebulon, GA 30295

2.19.1.1.15. West Cobb – 333 Midway Road, Marietta, GA 30064

2.19.1.2. Augusta VAMC (509) Uptown - 1 Freedom Way, Augusta GA 30904 (Staffing 2)

2.19.1.3. Augusta VAMC (509) Downtown - 950 15th St, Augusta, GA 30901 (Staffing 2)

2.19.1.3.1. Aiken CBOC, 1930 University Pkwy, Aiken, SC 29801

2.19.1.3.2. Athens CBOC, 9249 Us-29, Athens, GA 30601

2.19.1.4. Birmingham VAMC (521) - 700 South 19th St, Suite 500, 950 N 22nd St, Birmingham AL 35233 (Staffing 4)

2.19.1.4.1. Huntsville CBOC, 201 Governors Drive SW, Huntsville, AL 35801(Staffing 2)

2.19.1.4.2. Bessemer CBOC, 975 9th AVE SW, Suite 400, Bessemer, AL 35022(Staffing 1)

2.19.1.4.3. Anniston CBOC, 500 Davis Loop, Oxford, AL 35976 (Staffing 1)

2.19.1.4.4. Guntersville CBOC, 100 Judy Smith Drive, Guntersville, AL 35976

2.19.1.4.5. Jasper CBOC, 500 Davis Loop, Oxford, AL 36203

2.19.1.5. Charleston VAMC (534) - 109 Bee St, Charleston SC 29493 (Staffing 4)

2.19.1.5.1. Goose Creek - 2418 NNPTC Circle, Goose Creek, SC 29445

2.19.1.5.2. Myrtle Beach – 3381 Phillis Boulevard, Myrtle Beach, SC 29577 (Staffing 1)

2.19.1.5.3. Savannah - 1170 Shawnee Street, Savannah, GA 31419 (Staffing 2)

2.19.1.6. Columbia VAMC (544) - 6439 Garners Ferry Rd, Columbia SC 29209 (Staffing 5)

2.19.1.6.1. Greenville - 41 Park Creek Drive, Greenville, SC 29605 (Staffing 2)

2.19.1.7. Dublin VAMC (557) Carl Vinson VA Medical Center - 1826 Veterans Blvd, Dublin GA 31021 (Staffing 1)

2.19.1.7.1. Brunswick CBOC, 1111 Glynco Parkway, Suite 200, Brunswick, GA 31525

2.19.1.7.2. Macon CBOC, 5566 Thomaston Road, Macon, GA 31220 (Staffing 1)

2.19.1.7.3. Tifton, CBOC, 1824 Ridge Avenue North, Tifton, GA 31794 (Staffing 1)

2.19.1.7.4. Albany CBOC, 814 Radford BLVD 7200, Albany GA 31709

2.19.1.8. Central Alabama VA Health Care System (619) - 215 Perry Hill Rd, Montgomery AL 36109 (Staffing 2)

2.19.1.9. Central Alabama VA Health Care System (619) West Campus - 2400 Hospital Rd, Tuskegee AL 36083 (Staffing 1)

2.19.1.9.1. Robert S. Poydasheff CBOC, 6910 River Road, Columbus, GA 31904(Staffing 1)

2.19.1.10. Tuscaloosa VAMC (679) - 3701 Loop Rd East, Tuscaloosa AL 35404 (Staffing 3)

2.19.2. The Contracting Officer and COR shall be provided in writing (either electronically or by hard copy) after award a listing of key personnel assigned and the Contractor shall provide certifications and curricula vitae, resumes, licenses, certifications, and/or other pertinent information on the qualifications of the Dispensing Opticians.

2.19.3. The facility Eye Clinic Chief or designee will have input and provide concurrence for any opticians before they can begin working at the VAMC. This may include interviewing proposed candidates at the discretion of the Eye Clinic Chief. The Eye Clinic Chief, Contracting Officer, and COR will have the final say in any determinations regarding new opticians. The VAMC must concur with the selection of the contract optician(s), and the optician must successfully complete the contractor and VA background requirements, new employee orientation to VA procedures, and mandatory training requirements. If any of these areas are deficient, the contract optician will be unable to work at the VA location.

2.19.4. 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, etc. All vacations by the contract opticians must be covered by the contract vendor with an equally qualified, licensed, and trained optician for the entire vacation period. For instances of sick leave by the contract optician, the contractor will make a documented attempt to provide coverage. If the sick leave is greater than two continuous days, the contract vendor must provide an equally qualified and trained optician for the remaining sick leave period. All substitute opticians provided by the contractor for coverage purposes must successfully complete a VA background investigation, all mandatory training, and obtain computer access and PIV badge before beginning performance. The contractor will ensure that back-up optician staff have completed the VA background investigation, all mandatory training, and have VA computer access and PIV badge well in advance of the dates they need to provide coverage so there is no delay providing back-up services. Contractor opticians must be credentialed at each facility they intend to provide coverage at, including any backup coverage.

2.19.5. 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 and COR in writing immediately (within 24 hours) upon termination or departure of an employee in order to allow for timely termination of computer access. The Contractor is responsible for ensuring all PIV badges are turned in to either the VA COR or PIV Office, as directed by CO/COR, when an employee is removed from the contract, and at the conclusion of the contract.

2.19.5.1. 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 fifteen (15) calendar days after receipt of all required information of the decision on the proposed substitutes. The contract will be modified to reflect any approved changes of key personnel.

2.19.5.2. For temporary substitutions where the key person shall not be reporting to work for two (2) 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.

2.19.5.3. 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 optician(s), s/he may request, without cause, immediate replacement of said Contractor’s optician(s). The CO and COR shall deal with issues raised concerning the Contractor’s optician(s) conduct. The final arbiter on questions of acceptability is the CO.

2.19.5.4. 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 opticians leave Contractor’s employment or is unable to continue performance in accordance with the terms and conditions of the resulting contract.

3. HOURS OF OPERATION: The following outlines the required hours of operation for Contractor optician staff:

3.1. NORMAL BUSINESS HOURS: The Contractor will provide optician services during the hours the eye clinic providers are actively seeing patients. Minimum hours for the Contractor to provide fitting, repair, and measuring services are Monday through Friday from 8:00 am until 4:30 pm, with the exception of authorized Federal Holidays. If clinic length routinely extends beyond these hours, extended coverage can be arranged between the Eye Clinic Chief, Prosthetics Chief, and Contractor. With 30 days’ notice by the VA Eye Clinic Chief to the Contractor, arrangements for coverage of special clinics, such as Saturday eye exam appointments, should be provided by the contractor.

3.2. FEDERAL HOLIDAYS: The following holidays are observed by the Department of Veteran Affairs:

3.2.1. New Year’s Day

3.2.2. Washington’s Birthday

3.2.3. Martin Luther King’s Birthday

3.2.4. Memorial Day

3.2.5. Juneteenth

3.2.6. Independence Day

3.2.7. Labor Day

3.2.8. Columbus Day

3.2.9. Veterans Day

3.2.10. Thanksgiving

3.2.11. Christmas

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

4. CONTRACTOR RESPONSIBILITIES:

4.1. PRESCRIPTION EYEGLASSES:

4.1.1. LENSES: Contractor shall not use premium progressive lenses or premium photochromatic lenses, described below in Section 4.1.1.5 (Premium Progressive Lenses) and 4.1.1.6 (Photochromatic Lenses), where the non-premium product meets clinical needs as specified by the Clinical Provider. Premium progressive lenses and premium photochromatic lenses can only be used in those instances where the non-premium product does not meet clinical needs as specified by the Clinical Provider and the premium product is included in the contract as a line item. In addition, if the VA determines it is necessary for contract administrative purposes, the VA may enact a policy requiring the Contractor to first receive written authorization from the COR before completing any order with a premium progressive lens or brand name photochromatic lens. If the pre-authorization policy is enacted, pre-authorization would be required before VA will pay for such an order.

All dress lenses shall be fabricated and provided in accordance with the standards set forth in the current edition of “American National Standards for Ophthalmic Lenses – Recommendation” ANSI Z80.1 or the latest edition. All safety lenses shall be fabricated and provided in accordance with the standards set forth in the current edition of “American National Standards for Ophthalmic Lenses – Recommendation” ANSI Z87.1 or the latest edition. All ophthalmic lenses shall be in accordance with Food and Drug (FDA) Regulation (2) CFR, Parts 3 and 4 for impact resistance, unless otherwise specified in the order. Glass ophthalmic lenses shall be chemically or heat strengthened for impact resistance. All glass and plastic ophthalmic lenses shall be corrected curved lenses.

Ophthalmic lenses with cylinder power of less than 1.5D may be fabricated in either plus or minus cylinder form unless positive cylinder form is specified for the order. All lenses shall be UV Coated and scratch resistant at no charge to the government.

4.1.1.1. Single Vision Lenses – Lenses shall be available in glass, plastic, polycarbonate, Trivex, or high-index materials with refraction values up to and equal to 1.60 to 1.74.

Photochromatic lenses must also be available. Construction of single-vision lenses shall include spheres and sphero-cylinders in all powers. Clear, framed lenses and oversized blanks shall be available. Note: prism up to 6-diopters is at no charge to

VA.

4.1.1.2. Bifocal Lenses – Lenses shall be available in glass, plastic, polycarbonate, trivex, or high-index materials with refraction values up to and equal to 1.60 to 1.74.

Photochromatic lenses must also be available. Construction of bifocal lenses shall include spheres and sphero-cylinders in all powers. Add +0.75 to +4.00D. Clear, framed lenses and oversized blanks shall be available. Note: prism up to 6-diopters is at no charge to VA.

4.1.1.3. Trifocal Lenses – Lenses shall be available in glass, plastic, polycarbonate, trivex, or high-index materials with refraction values up to and equal to 1.60 to 1.74.

Photochromatic lenses must also be available. Construction of trifocal lenses shall include spheres and sphero-cylinders in all powers. Add +1.00 to +4.00D, 50% intermediate power. Clear, framed lenses and oversized blanks shall be available.

Note: prism up to 6-diopters is at no charge to VA.

4.1.1.4. Progressive Lenses – Brand Name or equal to Image, Solamax, Navigator or Navigator Short. In house Free Form designs are acceptable. “Or equal” progressive lenses must meet or exceed the following salient characteristics:

Lenses shall be available in a variety of materials, including but not limited to glass, CR-39, polycarbonate, and high index with refraction values up to and equal to 1.60 to 1.74.

Lenses shall encompass fitting height parameters of 15mm up to =/- 30mm.

Photochromatic lenses and polarized lenses (with grey and brown tinting) must also be available. See paragraph 4.1.1.6 for additional requirements related to photochromatic lenses.

Construction of lenses shall include spheres and sphero-cylinders in all powers.

Add powers of +1.00 to +4.00 shall be available.

Lenses must be compatible with anti-reflective coatings, tints, and must include scratch resistant coating.

Soft design eliminating distortion in principal viewing areas and peripherals for easy adaptation no matter how the eyes shift.

Framed lenses and oversized blanks shall be available. All lenses shall be placed in frames unless otherwise requested.

4.1.1.5. Premium Progressive Lenses – The VA will provide the standard Progressives Lenses at no cost to the Veteran as described in 4.1.1.4 (Progressive Lenses). The VA will pay, if prescribed and specified by the provider with an appropriate medical justification, for Premium Progressive Lenses, which will be a brand name equal to or equal to Varilux. Reference the restrictions described above in section 4.1.1 (Lenses).

The Contractor shall provide the most up-to-date current technology, such as digitally ground and wavefront design that is the current standard. “Or equal” items must meet or exceed the following salient characteristics:

glass, CR-39, polycarbonate, and high index with refraction values from 1.60 to 1.74.

Lenses shall encompass fitting height parameters of 15mm up to =/- 30mm.

Photochromatic lenses and polarized lenses (with grey and brown tinting) must also be available. See paragraph 4.1.1.6 for additional requirements related to photochromatic lenses.

Construction of lenses shall include spheres and sphero-cylinders in all powers. Add powers of +1.00 to +3.50 shall be available.

Lenses must be compatible with anti-reflective coatings, tints, and must include scratch resistant coating.

Soft design eliminating distortion in principal viewing areas and peripherals for easy adaptation no matter how the eyes shift.

4.1.1.6. Photochromatic Lenses – The Contractor shall provide photochromatic lenses that meet the salient characteristics below. Furthermore, if specifically required by the provider, the Contractor shall provide premium brand-name photochromatic lenses that are Transitions Signature, Transitions XTRActive, Transitions Vantage, and sun wear options including but not limited to Transitions Drivewear or a premium brand name equal to those listed above. Reference the restrictions described above in section

4.1.1 (Lenses). Items must meet or exceed the following salient characteristics:

CR-39, polycarbonate, and high index with refraction values from 1.56 to 1.74;

A variety of lenses shall be available to fit all included eyeglass frames;

Lenses shall provide a broad spectrum of coverage to work with nearly all prescriptions including single vision, bifocals, multifocal, and progressive lenses;

Lenses must block 100% of UVA and UVB rays;

Lenses must be able to be worn indoors or outdoors all day, with indoor clarity that is virtually clear;

Photochromic lenses shall have color options of gray and brown, with other colors such as green or amber offered if available by lens manufacturer Note: The VA will pay for Photochromatic Lenses if prescribed and specified by the VA provider with an appropriate documented medical justification in CPRS.

Contractor shall have the ability to provide patients desiring this upgrade option, at patients own expense to include the generic version, which is described in this subsection.

4.1.2. FRAMES: All dress frames shall be provided in accordance with the current edition of the “American National Standard Requirements for Dress Ophthalmic Frames” ANSI Z80.5 or latest edition. Safety Frames must meet the American National Standard for Occupational and Educational Eye and Face Protection, Z87.1 standards, or latest edition. All frames offered by the Contractor shall be new and not discontinued models.

All Frames must be light in weight and maintain durability and strength. The styles must be fashionable and consistent with what is available at retail eyeglass stores.

Spring hinges must have a smooth and consistent action that does not wear over time, with friction that is consistent throughout the entire range of motion.

4.1.2.1. REQUIREMENTS FOR METAL FRAMES:

4.1.2.1.1. The solder points are neatly and solidly done at the bridge, nose pads, and temple areas. All edges are smooth and hazard free.

4.1.2.1.2. The finish is solid and free from blemish. If burnished, the finish maintains its shine. The finish won’t tarnish or discolor over time.

4.1.2.1.3. Utilize nose pads that comfortably “grip” the skin and prevent slippage of the glasses.

4.1.2.1.4. After a few simple adjustments, the frame should feel comfortable when being worn. The nose pads should rest comfortably on the nose and not pinch.

Temples should be able to be easily extended to gently curve around the ear.

4.1.2.1.5. A selection of several Stainless-Steel contract frames should be available for patients with metal…