S02-36C24922Q0374 (Event Monitoring Recorder) 08.09 pdf.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

596-23-1-035-0001

36C24922Q0374 08-03-2022

Jack Hagopian 704-907-1411 09-06-2022 1:00pm CST

Department of Veterans Affairs Network Contracting Office 9 (90C) c/o Jack Hagopian, Contract Specialist 1639 Medical Center Parkway, Suite 400 Murfreesboro TN 37129

X 100

X

621999

$16.5 Million

N/A

X

Lexington VA Medical Center 1101 Veterans Drive

Lexington KY 40502-2235

90C

Network Contracting Office 9 Department of Veterans Affairs c/o Jack Hagopian, Contract Specialist 1639 Medical Center Parkway Suite 400 Murfreesboro TN 37129

859-233-4511

90C

FSC e-Invoicing Payment http://www.fsc.va.gov/fsc/einvoice.asp Invoice Setup Information 1-877-489-6135 Invoice must be submitted electronically

Setup 1-877-489-6135

See CONTINUATION Page

Cardiac Event Recorder at Lexington VAMC (See B.2 below)

See CONTINUATION Page x x x 1

Roxie A. Keese Contracting Officer

Solicitation Number #36C24922Q0374 Event Monitoring Recorder Memphis VA Medical Center

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 SCHEDULE OF SERVICES

B.3 PERFORMANCE WORK STATEMENT

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (NOV 2021)

C.2 52.216-18 ORDERING (AUG 2020)

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.4 52.216-21 REQUIREMENTS (OCT 1995)

C.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.6 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ... 34

C.7 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR

1984)

C.8 IT CONTRACT SECURITY

C.9 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.10 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

C.11 VAAR 852.219-77 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (SEP 2021)

(DEVIATION)

C.12 VAAR 852.219-78 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (SEP 2021)

(DEVIATION)

C.13 VAAR 852.237-75 KEY PERSONNEL (OCT 2019)

C.14 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.15 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2022) (JUL 2020) (DEVIATION)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2021)

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.3 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.4 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.5 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2022) (JUL 2020)

(DEVIATION)

Memphis VA Medical Center

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 36C249

Department of Veterans Affairs

Network Contracting Office 9 (90C) c/o Jack Hagopian, Contract Specialist

1639 Medical Center Parkway, Suite 400

Murfreesboro TN 37129

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] Monthly in arrears

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

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

Memphis VA Medical Center

AMENDMENT NO DATE

Memphis VA Medical Center

B.2 SCHEDULE OF SERVICES

The contractor shall provide 30 day looping cardiac event recording and cardiac mobile telemetry services to patients of the VA Medical Center, Lexington, Kentucky. These external cardiac monitoring services shall be available to both male and female patients.

As equipment nor permanent staff are available to perform these services, the contract is necessary and mandatory in order to carry out the objectives of providing the VA Medical Center, Lexington, Kentucky. Professional cardiac monitoring coverage 24/7/365 for patient calls and ECG transmissions during each patient study. Critical data is communicated immediately to the Lexington VAMC. A final written cardiac summary report is provided at the competition of each test study. The vendor is responsible for all monitoring equipment and maintenance.

Place of Performance: Services shall be provided on site, VAMC 1101 Veterans Dr., Lexington, KY 40502

Base Period: October 1, 2022 – September 30, 2023

CLIN

No.

Services Quantity Unit Unit Price

Total Cost

0001 30 day looping cardiac event recording and cardiac mobile telemetry services.

84 EA $ $

Total for Option Base Period

Ordering Period 1: October 1, 2023 – September 30, 2024

CLIN

No.

Services Quantity Unit Unit Price

Total Cost

0001 Neuromonitoring Service 84 EA $ $

Total for Ordering Period

Memphis VA Medical Center

Ordering Period 2: October 1, 2024 – September 30, 2025

CLIN

No.

Services Quantity Unit Unit Price

Total Cost

0001 Neuromonitoring Service 84 EA $ $

Total for Option Base

Ordering Period 3: October 1, 2025 – September 30, 2026

No.

Services Quantity Unit Unit Price

Total Cost

0001 Neuromonitoring Service 84 EA $ $

Total for Option Base

Ordering Period 4: October 1, 2026 – September 30, 2027

No.

Services Quantity Unit Unit Price

Total Cost

0001 Neuromonitoring Service 84 EA $ $

Total for Option Base

Total for Period of Performance

A.1. ORDERS: This is a Firm Fixed Price (FFP) Indefinite Delivery/Indefinite Quantity (IDIQ) contract (see FAR 52.216-22). Task Orders shall be placed against this IDIQ contract at the time of contract award. The Task Orders shall specify the estimated quantities of services for each period of performance and shall comply with FAR 52.216-18 and 52.216-19.

Memphis VA Medical Center

A.2. MINIMUM and MAXIMUM GUARANTEE: All quantities are estimates and all quoted prices shall be firm fixed prices. The Government’s guaranteed minimum during the life of the contract is $10,000.00. The Government’s contract ceiling amount during the life of the contract is $100,00.00. A funded Delivery/Task Orders (DO/TO) may only be awarded and issued by a warranted Contracting Officer (CO). Any changes to this contract may only be made by a written modification which is formally executed between the contractor and the CO.

B.3 PERFORMANCE WORK STATEMENT

EVENT RECORDING SERVICES

1. GENERAL:

1.1. Services Provided: The contractor shall provide Event Recording Services in accordance with the terms and conditions contained herein to beneficiaries of the Department of Veterans Affairs (VA), Lexington, KY VA Medical Center (VAMC).

1.2. Background: Access to health care services is one of the Veterans Health Administration’s (VHA) six domains of value and is a fundamental concern for VHA policy makers, administrators, and clinicians. The Lexington VAMC treats over 30,000 veterans annually for care. Many of these veterans require cardiology healthcare services. The intent of this contract is to ensure that external cardiac monitor services are available and accessible to both male and female veterans as needed.

1.3. Place of Performance: Contractor shall furnish services at the Lexington KY VAMC, 1101 Veterans Drive, Lexington, KY 40502.

1.4. Authority: Title 38 USC 8153, Health Care Resources (HCR) sharing Authority and FAR Part 12 in combination with FAR 13 and VAAR 873.

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

1.5.1. VHA Handbook 1100.17: National Practitioner Data Bank Reports:

https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=2135

1.5.2. VHA Handbook 1100.18: Reporting And Responding To State Licensing Boards:

https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=9174

1.5.3. VHA Handbook 1100.19: Credentialing and Privileging:

https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=2910

1.5.4. VHA Directive 1100.20 Credentialing of Health Care Providers:

https://vaww.va.gov/vhapublications/ViewPublication.asp?pub_ID=9444

1.5.5. VHA Directive 1088 Communicating Test Results to Providers and Patients:

www.va.gov/vhapublications/viewpublication.asp?pub_id=3148

1.5.6. VHA Directive 1192.01: Seasonal Influenza Prevention Program:

https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=5472

Memphis VA Medical Center

1.5.7. VHA Directive 1220: Facility Procedure Complexity Designation Requirements to Perform Invasive Procedures In Any Clinical Setting:

https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=8365

1.5.8. VA Directive 1663: Health Care Resources Contracting – Buying:

https://www.va.gov/vapubs/viewPublication.asp?Pub_ID=969&FType=2

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

https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=9235

1.5.10. Privacy Act of 1974 (5 U.S.C. 552a) as amended:

http://www.justice.gov/oip/foia_updates/Vol_XVII_4/page2.htm

1.5.11. Joint Commission:

http://www.jointcommission.org/standards/

1.5.12. HHS OIG Website:

http://oig.hhs.gov/exclusions/index.asp

1.5.13. American Journal for Infection Control - AJIC 1998; 26:289-354:

http://www.cdc.gov/hicpac/pdf/InfectControl98.pdf

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

1.6.1. ABCP: American Board of Cardiovascular Perfusion

1.6.2. ACGME: Accreditation Council for Graduate Medical Education

1.6.3. ACLS: Advanced Cardiac Life Support

1.6.4. BLS: Basic Life Support

1.6.5. CDC: Centers for Disease Control and Prevention

1.6.6. CDR: Contract Discrepancy Report

1.6.7. CEU: Certified Education Unit

1.6.8. CME: Continuing Medical Education

1.6.9. CMP: Civil Monetary Penalty

1.6.10. CMS: Centers for Medicare and Medicaid Services

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

1.6.12. COR: Contracting Officer’s Representative – A person appointed by the CO to take necessary action to ensure the Contractor performs in accordance with and adheres to the specifications contained in the contract and to protect the interest

Memphis VA Medical Center of the Government. The COR shall report to the CO promptly any indication of non-compliance in order that appropriate action can be taken.

1.6.13. COS: Chief of Staff

1.6.14. COVID-19: Coronavirus Disease 2019

1.6.15. CPARS: Contractor Performance Assessment Reporting System

1.6.16. CS: Contract Specialist – Prepares proposal packages, negotiates the contract, and awards the contract. Only the Contracting Officer is authorized to sign for the Federal Government.

1.6.17. DEA: Drug Enforcement Agency

1.6.18. ED: Emergency Department

1.6.19. ECMO: Extracorporeal Membrane Oxygenation

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

1.6.21. EMR: Electronic Medical Record

1.6.22. FSMB: Federation of State Medical Boards

1.6.23. FTEE: Full Time Equivalency Employee is defined by VA as a minimum of 80 hours every two weeks and does not include holidays

1.6.24. HHS: Department of Health and Human Services

1.6.25. HIPAA: Health Insurance Portability and Accountability Act

1.6.26. HR: Human Resources

1.6.27. ISO: Information Security Officer

1.6.28. 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).

1.6.29. NLNAC: National League for Nursing Accrediting Commission. www.nlnac.org

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

1.6.31. NP: Nurse Practitioner

1.6.32. NPPES: National Plan and Provider Enumeration System

1.6.33. OSHA: Occupational Safety and Health Administration

1.6.34. OIT: Office of Information and Technology

1.6.35. OPM: Office of Personnel Management

1.6.36. OPPE: Ongoing Provider Practice Evaluation

1.6.37. OR: Operating Room

1.6.38. PA: Physician Assistant

1.6.39. PIV: Personal Identity Verification

Memphis VA Medical Center

1.6.40. POP: Period of Performance

1.6.41. PPD: Purified Protein Derivative

1.6.42. PWS: Performance Work Statement

1.6.43. QASP: Quality Assurance Surveillance Plan

1.6.44. RFP: Request for Proposal

1.6.45. VAMC: Veterans Affairs Medical Center

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

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

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

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

1.6.50. Veterans Affairs Medical Center (VAMC): Unless identified with the name of a different VA Medical Center, for the purpose of this contract, this term shall mean the Lexington, KY VA Medical Center.

2. QUALIFICATIONS:

2.1 License: All licenses held by the personnel working on this contract shall be full and unrestricted license to the services covered by this contract issued in any State, Territory, or Commonwealth of the United States or the District of Columbia. Contract personnel shall submit evidence of current, full and unrestricted licenses, registration, certification, and/or other relevant credentials for verification prior to appointment and throughout the employment process, as requested by the COR. Contractor is responsible for keeping the COR informed of anything that would adversely affect or otherwise limit their clinical privileges.

Failure to meet this requirement may result in termination of the contract.

2.2 Board Certification: The contractor’s employees and any subcontractors shall have all licenses, permits, and certifications as required by law and this contract.

2.3 National Provider Identification (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.

2.4 Conflict of Interest: The Contractor and all contract personnel 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

Memphis VA Medical Center 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.

2.5 Citizenship related Requirements:

2.5.1 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.

2.5.1 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.

2.5.2 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.

2.5.3 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.

2.5.4 The Contractor agrees to obtain a similar certification from its subcontractors. The certification shall be made as part of the offerors

Memphis VA Medical Center response to the RFP using the subject attachment in Section D of the solicitation document.

2.6 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.

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

2.6.2 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.

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

2.8 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. Contract personnel registered or certified by national/medical associations shall continue to meet the minimum standards for CME to remain current. Contractor shall report CME hours to the credential’s office for tracking upon request.

2.9 Training: Contractor shall meet all VA educational requirements and mandatory course requirements defined herein; all training must be completed by the contractor’s personnel as required by the VA. Other training may become required.

VA will communicate any changes to the training requirement to the contractor.

Memphis VA Medical Center

Training Frequency (once a year, etc)

Annual Hours

VA Privacy and Information Security Awareness and Rules of Behavior

Annual 1 hr

VHA Privacy and HIPAA Focused Training

Annual 1 hr

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

2.11 Non- Personal Healthcare Services: The parties agree that the Contractor and all contract personnel shall not be considered VA employees for any purpose.

2.12 Clinical/Professional Performance: The qualifications of Contractor personnel are subject to review by VA Medical Center COS or his/her clinical designee and approval by the Medical Center Director as provided in VHA Handbook 1100.19 and VHA Directive 1100.20. Clinical/Professional performance monitoring and review of all clinical personnel covered by this contract for quality purposes will be provided by the VAMC COS and/or the Chief of the Service or his designee. A clinical COR may be appointed, however, only the CO is authorized to consider any contract modification request and/or make changes to the contract during the administration of the resultant contract.

2.13 The CO and COR shall deal with issues raised concerning Contract personnel conduct. The final arbiter on questions of acceptability is the CO.

2.14 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 contract personnel leaves Contractor’s employment or is unable to continue performance in accordance with the terms and conditions of the resulting contract.

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

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

2.17 Confidentiality: VA will provide the contract personnel access to pertinent patient medical information, within the existing privacy rules and regulations, for the purpose of

Memphis VA Medical Center providing coordinated comprehensive primary care. Contract personnel shall ensure the confidentiality of all patient information and shall be held liable in the event of the breach of confidentiality.

2.18 Contract personnel shall provide medical record documentation in accordance with rules and regulations of the medical staff and medical staff bylaws. Reference Policy Memorandum No. 136-1, Change 2 to Appendix B dated Sept. 29, 2000, Control of Medical Records and in accordance with Policy Memorandum 136-1, Change 2 to Appendix A dated September 29, 2000, Completion of Medical Records.

2.19 Records created by contract personnel in the course of treating VA patients under this agreement are the property of the VA and shall not be accessed, released, transferred or destroyed except in accordance with applicable federal law and regulations. Contract personnel shall maintain computer access and prepare for cases the following day by obtaining the patient information and record within the current electronic health record system for review as needed.

2.20 Contract personnel shall participate in quality improvement projects, initiatives, and reporting as requested.

2.21 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.

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

2.23 Inherent Government Functions: Contractor and Contract personnel 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.

2.24 No Employee status: The Contractor shall be responsible for protecting Contract personnel 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:

2.24.1 Workers’ compensation

2.24.2 Professional liability insurance

2.24.3 Health examinations to include:

2.24.4 Annual TB Skin Test and recent chest X-ray if there is a history of positive TB skin test

2.24.5 Evidence of Hepatitis B immunity (hepatitis immune titer, if the individual has had the series of shots; if no immunity, evidence that the individual has started the Hepatitis B vaccination series

2.24.6 Evidence of a Hepatitis C titer

2.24.7 Varicella titer if contracted employee has not had chicken pox

Memphis VA Medical Center

2.24.8 Income tax withholding, and

2.24.9 Social security payments

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

3 HOURS OF OPERATION:

3.1 Work Schedule: Regular work hours are Monday through Friday for eight (8) hours a day from 8:00 a.m. to 4:30 p.m.

3.2 Federal Holidays:

New Year’s Day Martin Luther King’s Birthday President’s Day Memorial Day Juneteenth Independence Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day Any day specifically declared to be a national holiday

4 CONTRACTOR RESPONSIBILITIES:

4.1 Registration with Contractor Performance Assessment Reporting System

4.1.1 As prescribed in Federal Acquisition Regulation (FAR) Part 42.15, the Department of Veterans Affairs (VA) evaluates contractor past performance on all contracts that exceed the Simplified Acquisition Threshold and shares those evaluations with other Federal Government contract specialists and procurement officials. The FAR requires that the contractor be provided an opportunity to comment on past performance evaluations prior to each report closing. To fulfill this requirement VA uses an online database, CPARS, which is maintained by the Naval Sea Logistics Center in Portsmouth, Virginia. CPARS has connectivity with the Past Performance Information Retrieval System (PPIRS) database, which is available to all Federal agencies. PPIRS is the system used to collect and retrieve performance assessment reports used in source selection determinations and completed CPARS report cards transferred to PPIRS. CPARS also includes access to the federal awardee performance and integrity information system (FAPIIS).

Memphis VA Medical Center

FAPIIS is a web-enabled application accessed via CPARS for contractor responsibility determination information.

4.1.2 Each contractor whose contract award is estimated to exceed the Simplified Acquisition Threshold is required to register with CPARS database at the following web address: http://www.cpars.csd.disa.mil. Help in registering can be obtained by contacting Customer Support Desk @ DSN:

684-1690 or COMM: 207-438-1690. Registration should occur no later than thirty days after contract award and must be kept current should there be any change to the contractor’s registered representative.

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

4.1.4 Failure to have a current registration in the CPARS database, or to re-assign the report to the VA contracting officer within those thirty days, will result in the Government’s evaluation being placed on file in the database with a statement that the contractor failed to respond.

4.2 Contractor shall provide looping cardiac event recording services provided by qualified personnel. The contractor’s care shall cover the ranges of services normally provided in a similar civilian healthcare facility for patients of the Lexington VAMC. The contractor’s personnel shall be of a quality meeting or exceeding currently recognized national standards as established by the Department of Veteran Affairs and other regulatory agencies. The contractor shall maintain compliance with established regulatory requirements. The contractor shall provide the facility, staffing, equipment, and supplies required to perform all requested external cardiac monitoring services in accordance with the terms of the contract. The contractor shall be responsible for all contractor personnel, subcontractors, agents, and anyone acting for or on behalf of the contractor. The services provided under this contract are not to be performed outside the United States. Malpractice coverage is to be provided for as well as General Liability coverage.

4.3 The contractor shall be responsible for management of all aspects of the contract, and this includes the following:

(a) Provide professional external cardiac monitoring coverage 24/7/365 for patient calls and ECG transmissions during each patient study. Each transmission shall result in a report containing ECG strips, patient data and technician's observations. ECG data received that meets agreed upon Physician Notification Criteria shall immediately be communicated to the Lexington VAMC. A final written cardiac monitoring summary report shall be made available upon completion of each test study.

(b) The contractor shall maintain compliance with Health Insurance Portability and Accountability Act of 1996 (HIPAA) and VA regulations. The Lexington VAMC hereby grants authorization and requests the contractor to provide secure internet access to follow-up with referred patients by assigning a unique Identification (ID) and password.

Contractor shall be required to be in compliance with all U.S. Laws and VA regulations

Memphis VA Medical Center regarding sensitive information, patient confidentiality, and information security, as set forth in; Privacy Act of 1974, Computer Security Act of 1987, Clinger Cohen Act of 1996, OMB A-130 Appendix IIIk and VA, VHA Directives 6210, and all other applicable regulations. See FAR clauses 52.224-1 and 52.224-2 included herein.

(c) Provide reasonable access to care. The Lexington VAMC reserves the right to refer its patients to other contractors should the primary contractor fail to sustain operations (e.g. telecommunication, supplies, etc.) resulting in delayed patient access and/or care.

Repeated failure to provide timely patient access and/or care could result in contract cancellation.

(d) Routine cardiac event recording procedures will be interpreted and communicated to the Lexington VAMC within 24 hours of each transmission. The report shall contain at a minimum the ECG strips, patient data and technician's observations.

4.4 Failure to provide a final report to the Lexington VAMC within the established timeline will result in a reduction in payment as follows:

(1) 10% reduction for all reports that exceed the 24 hour timeline.

(2) 25% reduction for all reports that exceed the 48 hour timeline.

(3) 50% reduction for all reports that exceed the 72 hour timeline.

(4) 75% reduction for all reports that exceed the 96 hour timeline.

(5) 100% reduction for all reports that exceed the 120 hour timeline.

(6) Consistent failure to provide timely, accurate reports within 5 business days may result in contract cancellation.

4.5 ECG data meeting established physician notification parameters must be immediately communicated to the Heart Station within 30 minutes. The verbal report will be followed with a written report within 24 hours as stated above. The physician notification parameters are as follows:

(1) All Bradycardia rates equal to or below “LOW RATE TRIGGER” (Default = 40 bpm)

(2) All Tachycardic rates equal to or above “HIGH RATE TRIGGER” (Default = 150 bpm)

(3) New onset SVT sustained greater than 30 seconds, or any symptomatic SVT with ventricular rates greater than 130 bpm sustained for 30 seconds

(4) New onset Atrial Fibrillation/Flutter

(5) Atrial Fibrillation/Flutter with ventricular rates greater than 150 bpm

(6) IVR/AIVR of more than 10 beats or IVR/AIVR of 10 beats or more with symptoms

IVR = Sequential ventricular ectopics with rates 40 bpm and below

AIVR = Sequential ventricular ectopics with rates from 40 to 100 bpm

Memphis VA Medical Center

(7) Ventricular Tachycardia (VT) of 10 or more beats

VT of 3 or more beats with symptoms

VT = Sequential PVCs with rates of 100 bpm or above

(8) Ventricular Fibrillation/Flutter or Torsades de Pointes

(9) All Second Degree AV Blocks with associated Bradycardia rates as described above

(10) Complete Heart Block or AV Dissociation

(11) All pauses 3 seconds or longer

(12) Angina accompanied by ventricular ectopy

(13) Pacemaker failure

(14) ICD Discharge

(15) Any Syncope or episodes of fainting

(16) Other events which may be representative of acute disease which may or may not be accurately assessed by ECG strip (i.e. patient expressed symptoms of numbness in head, focal numbness, dysphasia, or other symptoms representative of neurological insult or acute cardiac compromise)

4.6 In the event of an immediate life-threatening emergency, the EMS shall be notified prior to notification of the Heart Station.

4.7 All reports shall meet or exceed established standards for timeliness, accuracy, and content. All reports shall be customizable to ensure compliance with VA standards. Only VA approved abbreviations are allowed for documentation within the patient health record. Contractor shall maintain the security and integrity of patient information in accordance with applicable HIPAA, VA, and other applicable regulatory agency requirements as stated above.

4.8 Install, secure and maintain internal and external communication systems required to perform the requested services established within the terms of this contact (e.g. report delivery, patient education, support, etc.). The communication link(s) between the contractor’s facility and the VA facility shall be at the contractor’s expense and meet VA encryption and security requirements.

4.9 Provide all equipment and all disposables supplies necessary to perform above requested procedures. All event kits, recorders and supplies, and associated shipping will be at no additional charge. Quantity of devices will be adjusted by the contractor based on actual usage to ensure an adequate supply. Contractor owned equipment shall be returned to the contractor upon termination of this agreement. The contractor is responsible to maintain the working condition of all provided equipment.

4.10 Provide maintenance and ensure cleaning of all equipment and installed systems provided by the contractor. The contractor shall make provisions for the proper maintenance and functioning of all associated equipment, facilities and fixtures as may reasonably be required to perform services hereunder.

4.11 Provide patient in-service and obtain an initial baseline recording to acclimate the customers with the product and service upon request. Maintain continued unlimited customers phone support during the duration of the cardiac event study at no additional cost.

4.12 Develop a project implementation strategy in collaboration with the Lexington VAMC to include, reporting and billing procedures, operational readiness, etc.

4.13 Provide a system that maintains a minimum 98% up time performance rate with appropriate emergent contingency plans. Failure to provide consistent service coverage could result in contract cancellation.

4.14 Contractor to provide hardware and selected software to be utilized at contractor site.

4.15 Contractor to provide facsimile, telephone, networking, and other telecommunications equipment to be utilized at contractor facility.

4.16 Contractor to provide all supplies, services, maintenance, repairs, and upgrades required at contractor facility to provide services as described above.

4.17 Contractor’s equipment hardware, software and supplies must be compatible with the VA’s software and hardware used during performance of this contract including critical patches and antivirus updates. Contractor shall provide proof of installation of critical patches and/or antivirus updates to the VA upon request.

4.18 Contractor’s network and security system must be compatible with the VA’s network and security system.

5. LEXINGTON VAMC RESPONSIBLITIES:

5.1 Lexington VAMC will be responsible for review of the credentials of the contractor personnel in a timely fashion.

5.2 Prepare site for installation of the contractor system/equipment if required. Authorize installation of a separate internet connection, located inside the hospital but outside the firewall, and a network connection that will be installed inside the Lexington VAMC. The VA will establish accounts and authorize privileges for the use by contractor. Provide pertinent historical and demographic information on each patient sufficient for the contractor to perform its services.

IF REQUIRED

5.3 Floor space, workspace, and power adequate for a PC tower computer, monitor and keyboard.

5.4 Physical space in computer/Telco room for installation of Contractor-provided router and any remoter connectivity devices typically used by communications provider.

5.5 Physical security to computer systems.

5.6 Access to server and object forge devices for the installation of Category 5 cabling.

5.7 Availability of technician for two hours of assistance.

Memphis VA Medical Center

5.8 Information Resource Management (IRM) designated staff for testing and approval of installed remote connectivity solution.

6. CO RESPONSIBILITIES:

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

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

6.3 In the event that contracted services do not meet quality and/or safety expectations, the best remedy will be implemented, to include but not limited to a targeted and time limited performance improvement plan; increased monitoring of the contracted services;

consultation or training for Contractor personnel to be provided by the VA; replacement of the contract personnel and/or renegotiation of the contract terms or termination of the contract.

7. COR RESPONSIBILITIES:

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

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

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

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

8. PROCEDURE FOR TRANSMISSION OF REPORTS: The contractor shall provide a final report and interim transmissions using a secure internet website provided by contractor.

Access to the secure internet site will be provided by the contractor to already established VA personnel.

9. GUIDELINES: The Contractor shall perform the functions required under this contract in accordance with Federal, State and local regulatory standards. The contractor shall not participate nor be a party to any activities, which are in conflict with Federal and/or State guidelines. In the event the contractor encounters said conflicting situations, the contractor shall notify the COR and the Contracting Officer to resolve such issues. The Contracting Officer will

Memphis VA Medical Center document and be responsible for resolution of any such situations. Neither the VA nor the contractor will be responsible for any delays or failures to perform due to causes beyond each party's control. The VA and the contractor may upon mutual consent, modify the timing and schedule of services.

10. QUALITY MONITORING PROGRAM: The contractor shall have a quality monitoring program and shall agree to comply with the requirements for meeting Federal, State and local regulatory standards. Documentation of quality control to include: 1.) report turnaround timeliness standards, 2.) report content accuracy and ECG data quality checks, 3.) equipment checks (e.g. uptime %, cleaning process, replacement timeline in the event of malfunction ) will be provided to Lexington VAMC prior to award of contract and at request thereafter.

11. QUALITY CONTROL: The Contractor's facilities, methodologies, and quality control procedures may be examined by the VA Contracting Officer or his (her) designee at any time during the life of the contract.

12. QUALITY ASSURANCE AND PERFORMANCE MONITORING:

Performance Objective

Performance Standard

Method By Whom

Access – Customer

95% of all requests for appointments shall be performed within 48 hours of the requested desired date. Patient access to requested services shall not exceed 48 hours/2 days.

100% of the cardiac monitoring requests will be monitored on a monthly basis (denominator). The initial shipment date of the equipment will be utilized to determine noncompliance (numerator). The data will be aggregated for each quarter and reported to COR.

Contractor

/ VA

Designee

Access – System dependability

System dependability also impacts access to requested services.

Therefore, the contractor shall provide systems with an overall minimum uptime of 98%.

100% of the equipment availability (denominator) and equipment failures when issued (numerator) will be monitored on a monthly basis. The uptime data report shall be provided to the COR quarterly.

Contractor

/ VA

Designee

Timeliness – Reports

100% of exams shall have a verified final report within 48 hours of monitor receipt by contractor.

100% of the exams will be monitored on a monthly basis (denominator).

The return date and reported date will be utilized to determine non-compliance (numerator). The data will be aggregated for all exams each month and reported to COR.

Contractor

/ VA

Designee

(a) The Government will periodically evaluate the contractor’s performance by appointing a representative(s) to monitor performance to ensure services are received. The Government may inspect each task as completed or increase the number of quality assurance inspections if deemed appropriate because of repeated failures or because of repeated customer complaints. Likewise, the Government may decrease the number of quality assurance inspections if performance dictates. VAMC Quality Assurance personnel will validate any complaints and report to the Government Contracting Officer who will then take necessary action to enforce contract compliance.

(b) If any of the services do not conform to contract requirements, the Government may require the contractor to perform the services again in conformity with contract requirements, at no…