S02 36C25921Q0042.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. DUNS: DUNS+4:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 100

36C25921Q0042 11-30-2020

Jennifer Balsiger 3037125765 12-07-2020 10am MTN

36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111 x

561320

$27.5 Million

N/A

X

Muskogee VA Medical Center 1011 Honor Heights Drive Muskogee, OK 74401

36C259

Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111

Financial Service Center PO Box 149971 Austin TX 78714-9971

See CONTINUATION Page

Mental Health Services

Please complete pricing in Section B.2 on page 5.

See CONTINUATION Page x X x 1

Jennifer Balsiger

36C25920Q0006

Table of Contents

SECTION A

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

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 Performance Work Statement

SECTION C - CONTRACT CLAUSES

C.1 52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST DEC 2011

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ... 47

C.4 52.224-1 PRIVACY ACT NOTIFICATION (APR 1984)

C.5 52.224-2 PRIVACY ACT (APR 1984)

C.6 52.227-14 RIGHTS IN DATA—GENERAL (MAY 2014)

C.7 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (DEC 2009)

C.8 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND

COMPLIANCE (JUL 2018)

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

2018)

C.10 VAAR 852.237-7 INDEMNIFICATION AND MEDICAL LIABILITY INSURANCE

(JAN 2008)

C.11 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)

C.12 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS

(OCT 2018)

C.13 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (MAY 2019)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

BUSINESS ASSOCIATE AGREEMENT BETWEEN THE DEPARTMENT OF

VETERANS AFFAIRS VETERANS HEALTH ADMINISTRATION, , AND

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (OCT 2018)

E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.3 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-

OWNED SMALL BUSINESS EVALUATION FACTORS (JUL 2016)(DEVIATION)

E.4 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

E.5 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS (OCT 2018)

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 36C259 Jennifer Balsiger

Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300

Greenwood Village CO 80111

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] Montly 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.

Department of Veterans Affairs

Financial Service Center

PO Box 149971

Austin TX 78714-9971

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

AMENDMENT NO DATE

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

832.00 HR __________________ __________________

Psychiatry Services Face-to-Face Rounding on Weekends Contract Period: Base POP Begin: 12-15-2020 POP End: 12-14-2021

80.00 HR __________________ __________________

Face-to-Face Rounding on Holidays Contract Period: Base POP Begin: 12-15-2020 POP End: 12-14-2021

Face-to-Face Rounding on Weekends Contract Period: Option 1 POP Begin: 12-15-2021 POP End: 12-14-2022

Face-to-Face Rounding on Holidays Contract Period: Option 1 POP Begin: 12-15-2021 POP End: 12-14-2022

Face-to-Face Rounding on Weekends Contract Period: Option 2 POP Begin: 12-15-2022 POP End: 12-14-2023

Face-to-Face Rounding on Holidays Contract Period: Option 2 POP Begin: 12-15-2022 POP End: 12-14-2023

Face-to-Face Rounding on Weekends Contract Period: Option 3 POP Begin: 12-15-2023 POP End: 12-14-2024

Face-to-Face Rounding on Holidays Contract Period: Option 3 POP Begin: 12-15-2023 POP End: 12-14-2024

Face-to-Face Rounding on Weekends Contract Period: Option 4 POP Begin: 12-15-2024 POP End: 12-14-2025

Face-to-Face Rounding on Holidays Contract Period: Option 4 POP Begin: 12-15-2024 POP End: 12-14-2025

GRAND TOTAL __________________

B.3 Performance Work Statement Performance Work Statement

1. General

1.1 Services Required: The Contractor shall provide weekend and holiday, face-to-face, psychiatry services for the inpatient unit, emergency department and medical units with additional PRN coverage as needed. The contractor shall also provide Holiday and weekend psychiatry services for the inpatient unit and emergency department These services will be provided by an APRN/PA specializing in mental health or Board-Certified/Board eligible Psychiatry Physician. These services will be in accordance with the specifications contained herein to beneficiaries of the Department of Veterans Affairs within the Eastern Oklahoma VA Healthcare System (EOVAHCS). The performance period will be a 1-year base with a four-year option period.

1.2 Place of Performance: Eastern Oklahoma VA Healthcare System 1011 Honor Heights Drive, Muskogee, OK 74401

1.3 Authority: Authority of this agreement is provided by Title 38 USC 8153, Health Care Resources (HCR) sharing Authority. The following VHA Publications also apply:

1.3.1 VA Directive 1663: Health Care Resources Contracting: Buying http://www1.va.gov/vapubs/viewPublication.asp?Pub_ID=347

1.3.2 VHA Directive 2006-041: “Veterans’ Health Care Service Standards” (expired but still in effect pending revision) https://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=1443

1.3.3 VHA Handbook 1100.17: National Practitioner Data Bank Reports http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=2135

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

1.3.5 VHA Handbook 1100.19: Credentialing and Privileging

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

1.3.6 VHA Handbook 1907.01: Health Information Management and Health Records:

http://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=3088

1.3.7 Privacy Act of 1974 (5 U.S.C. 552a): As amended

https://www.justice.gov/opcl/privacy-act-1974

1.4 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.

1.3.8 ABPN: American Board of Psychiatry and Neurology www.abpn.com/

1.3.9 ACGME: Accreditation Council for Graduate Medical Education

1.3.10 ACLS: Advanced Cardiac Life Support

1.3.11 AOD: Admitting Officer of the Day

1.3.12 BLS: Basic Life Support

http://www1.va.gov/vapubs/viewPublication.asp?Pub_ID=347 https://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=1443 http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=2135 http://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=1364 http://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=2910 http://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=3088 https://www.justice.gov/opcl/privacy-act-1974 http://www.abpn.com/

1.3.13 CCNE: Commission on Collegiate Nursing Education:

www.aacn.nche.edu/accreditation

1.3.14 CDC: Centers for Disease Control and Prevention

1.3.15 CDR: Contract Discrepancy Report

1.3.16 CEU: Certified Education Unit

1.3.17 CME: Continuing Medical Education

1.3.18 CMS: Centers for Medicare and Medicaid Services

1.3.19 Contracting Officer (CO) – The person executing this contract on behalf of the

Government with the authority to enter into and administer contracts and make related determinations and findings.

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

1.3.21 COS: Chief of Staff

1.3.22 CPARS: Contractor Performance Assessment Reporting System

1.3.23 CPRS: Computerized Patient Record keeping System- electronic health record system used by the VA.

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

1.3.25 DEA: Drug Enforcement Agency

1.3.26 ED: Emergency Department

1.3.27 FSMB: Federation of State Medical Boards

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

1.3.29 HHS: Department of Health and Human Services

1.3.30 HIPAA: Health Insurance Portability and Accountability Act

1.3.31 HR: Human Resources

1.3.32 ISSO: Information Security Officer

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

1.3.34 MOD: Medical Officer of the Day

1.3.35 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).

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

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

1.3.38 NP: Nurse Practitioner

1.3.39 NPPES: National Plan and Provider Enumeration System

http://www.aacn.nche.edu/accreditation http://www.nlnac.org/

1.3.40 PA: Physician Assistant

1.3.41 PALS: Pediatric Advanced Life Support

1.3.42 POP: Period of Performance

1.3.43 PPD: Purified Protein Derivative

1.3.44 PWS: Performance Work Statement

1.3.45 Privileging (Clinical Privileging): Privileging is the process by which a practitioner, licensed for 8 independent practice; e.g., without supervision, direction, required sponsor, preceptor, mandatory collaboration, etc.; is permitted by law and the facility to practice independently, to provide specific medical or other patient care services within the scope of the individual’s license, based upon the individual’s clinical competence as determined by peer references, professional experience, health status, education, training and licensure. Clinical privileges must be facility-specific and provider-specific.

1.3.46 QASP: Quality Assurance Surveillance Plan.

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

1.3.48 Veterans Integrated Services Network (VISN): The regional oversight for the VA medical centers in Michigan and Indiana.

1.3.49 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.

1.3.50 Vet Pro: a federal web-based credentialing program for healthcare providers.

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

1.3.52 Eastern Oklahoma VA Healthcare System (EOVAHCS)

2. Qualifications

2.1 Staff/Facility License: Contract prescriber(s) assigned by the Contractor to perform the services covered by this contract shall have a current license with the state of Oklahoma to practice medicine. To have Drug Enforcement Agency (DEA) registration, contract providers must have an Oklahoma medical license and be individually registered with the DEA in Oklahoma to provide services under the contract. All licenses held by the personnel working on this contract shall be full and unrestricted licenses. Contract prescriber(s) who have current, full and unrestricted licenses in one or more states, but who have, or ever had, a license restricted, suspended, revoked, voluntarily revoked, voluntarily surrendered pending action or denied upon application will not be considered for the purposes of this contract.

2.2 Board Certification/Eligibility: All contract prescriber(s) shall be board certified/board eligible by the American Board of Psychiatry and Neurology (http://www.abpn.com/). All continuing education courses required for maintaining certification must be kept up to date at all times. Documentation verifying current certification shall be provided by the Contractor to the VA COR on an annual basis for each year of contract performance.

2.3 Credentialing and Privileging: Credentialing and privileging is to be done in accordance with the provisions of VHA Handbook 1100.19 referenced above. The Contractor is responsible to ensure that proposed prescriber(s) possesses the requisite credentials enabling the granting of privileges. No services shall be provided by any contract prescriber(s) prior to obtaining approval by the EOVAHCS Executive Committee of the Medical Staff and Medical Center Director. If a contract prescriber(s) is not credentialed and privileged or has credentials/privileges suspended or revoked, the Contractor shall furnish an acceptable substitute without any additional cost to the government.

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

2.5 Maintain Continuing Medical Education: Contractor shall provide the COR copies of current CMEs as required or requested by the VAMC. Contract prescriber(s) registered or certified by national/medical associations shall continue to meet the minimum standards for CME to remain current. Contractor shall report CME hours to the credentials office for tracking. These documents are required for both privileging and re-privileging. Failure to provide shall result in loss of privileges for contract prescriber(s).

2.6 Maintain BLS training and VA mandatory Training: Contractor shall meet all VA educational requirements and mandatory course requirements defined herein; all training must be completed by the contract prescriber(s) as required by VA publications, (http://www1.va.gov/vhapublications/index.cfm) VA’s updates or replacement directives, IG Guidance at 8994, Section II(C); Guidance at 4875, Section III (B)(4) Sentencing Guidelines, http://www.abpn.com/ http://www1.va.gov/vhapublications/index.cfm

Section 8B2,1 (b)(4)(B) annual compliance training is to be provided to all contractors within the scope of their work.

2.6.1 VA Mandatory Training – this is usually completed via computer. A copy of the documentation of the completed annual training shall be provided to the COR annually. Medical Center CORs are to coordinate annual training with their respective Compliance and Business Integrity Officers.

2.6.2 BLS and ACLS: It is a policy of the EOVAHCS that all contract personnel to be employed under this contract must be Basic Life Support (BLS) certified. BLS training and certification must be provided by VHA accredited organization. As part of the credentialing process, the contractor BLS certification must be sent to the Medical Staff Office. Failure to provide proof of certification to the Chief of Staff Office may impact the contract personnel qualification under this requirement. No services will be provided by any contract personnel prior to obtaining approval by the EOVAHCS Executive Committee of the Medical Staff and Director. For all providers that will be utilizing moderate sedation, evidence of current ACLS (or equivalent) training is required. For providers that will not be utilizing moderate sedation, evidence of current BLS training (or equivalent to include CPR/AED training or VA Heart Saver Class) will be required. In addition to the above training are other VA-specific training courses which must be completed. These may be clinical or administrative in nature. The COR will notify contractor of all required VA training. All training must be current to work under this contract. *Note* – Training classes are offered at the VA at no cost to the Contractor. Contact “Employee Education” in collaboration with the COR at EOVAHCS for registration instructions. A certificate of training must be provided to the clinical service’s Administrative Officer with a copy forwarded to the COR.

Training Frequency Annual Hours BLS (Basic Life Support For Healthcare Providers)

1x yearly 1

V19 MRI Safety: Level One 1x yearly 1 VA Privacy and Information Security Awareness and Rules of Behavior

1x yearly 1

Annual Government Ethics Training

1x yearly 1

Suicide Risk Management Training For Clinicians

1x yearly 1

V19 Hazmat and GEMS 1x yearly 1 Mental Health Environment of Care Checklist (MHEOCC)

1x yearly 1

Training for Clinical Staff 1x yearly 1 VA Core Values Training (I CARE Recommitment)

1x yearly 1

What Every VA Clinician & Resident Needs to Know About

1x yearly 1

Consults Hospice and Palliative Care for VA Clinicians

1x yearly 1

Service Connection and Special Authority for Providers

1x yearly 1

Privacy and HIPAA Focused Training

1x yearly 1

2.7 Standard Personnel Testing (PPD, etc.): Contractor shall provide proof of the following tests for prescribers within five (5) calendar days after contract award and prior to the first duty shift to the COR and Contracting Officer. Tests shall be current within the past year.

2.7.1 TUBERCULOSIS TESTING: Contractor shall provide proof of a negative reaction to PPD testing for all contract prescriber(s). A negative chest radiographic report for active tuberculosis shall be provided in cases of positive PPD results. The PPD test shall be repeated annually.

2.7.2 RUBELLA TESTING: Contractor shall provide proof of immunization for all contract prescriber(s) for measles, mumps, rubella or a rubella titer of 1.8 or greater. If the titer is less than 1.8, a rubella immunization shall be administered with follow-up documentation to the COR.

2.7.3 OSHA REGULATION CONCERNING OCCUPATIONAL EXPOSURE

TO BLOODBORNE PATHOGENS: Contractor shall provide generic self-study training for all contract prescriber(s); provide their own Hepatitis B vaccination series at no cost to the VA if they elect to receive it; maintain an exposure determination and control plan; maintain required records; and ensure that proper follow-up evaluation is provided following an exposure incident. 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.

2.7.4 INFECTION CONTROL: Contractor Personnel will be supplied with annual Influenza vaccinations at no charge.

2.8 National Provider Identification: 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.

2.9 DEA: Contractor shall provide copy of current DEA certificate registered in the state of Oklahoma where services are being provided.

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

2.10 Conflict of Interest: The Contractor and all contract prescriber(s) are responsible for identifying and communicating to the CO and COR conflicts of interest at the time of proposal and during the entirety of contract performance. At the time of proposal, the Contractor shall provide a statement which describes, in a concise manner, all relevant facts concerning any past, present, or currently planned interest (financial, contractual, organizational, or otherwise) or actual or potential organizational conflicts of interest relating to the services to be provided. The Contractor shall also provide statements containing the same information for any identified consultants or subcontractors who shall provide services. The Contractor must also provide relevant facts that show how it’s organizational and/or management system or other actions would avoid or mitigate any actual or potential organizational conflicts of interest. These statements shall be in response to the VAAR provision 852.209-70 Organizational Conflicts of Interest (Jan 2008).

2.11 Citizen related Requirements Citizenship related Requirements: 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.

2.11.1 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.

2.11.2 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.

2.11.3 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.

2.11.4 The Contractor agrees to obtain a similar certification from its subcontractors. The certification shall be made as part of the offeror’ s response to the RFP using the subject attachment in Section D of the solicitation document (see Attachment 2 – Immigration and Nationality Certification).

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

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

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

2.13 Technical Direction: The qualifications of Contractor personnel are subject to review by the VA Health Care System COS or his/her clinical designee and approval by the Medical Center Director as provided in VHA Handbook 1100.19. Clinical/Professional direction of all clinical personnel covered by this contract will be provided by the VA HCS 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.

2.14 Non- Personnel Services: The parties agree that the Contractor and all contract prescriber(s) shall not be considered VA employees for any purpose.

2.14.1 Inherently Governmental Functions: Contractor and contract prescriber(s) shall not perform inherently governmental functions. This includes, but is not limited to, determination of agency policy, determination of Federal program priorities for budget requests, work spaces/location, 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.

2.14.2 No Employee Status: The Contractor shall be responsible for protecting Contract prescriber(s) furnishing services. To carry out this responsibility, the Contractor shall provide or http://oig.hhs.gov/exclusions/index.asp certify that the following is provided for all their staff providing services under the resultant contract:

2.14.2.1Workers’ compensation

2.14.2.2 Professional Liability Insurance

2.14.2.3 Health Examinations

2.14.2.4 Income tax withholding, and

2.14.2.5 Social security payments

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

2.16 Key Personnel – The number of APRN/PA’s specializing in mental health or Board- Certified/Board eligible Psychiatrist Physicians required to be on the unit on a daily basis is one

(1) PA or (1) APRN plus one Psychiatrist Physician to be available as needed for consultation, or one (1) Board Certified/Board eligible Psychiatrist Physician. The Contractor will maintain a pool of prescribers sufficient to meet the rounding needs of the facility. All contracted staff will adhere to the security background/access regulations outlined in this work statement and be credentialed. The contractor will be responsible for providing coverage to VA during periods of vacancies of the Contractor’s personnel due to sick leave, personal leave, vacations, and additional coverage as required. In the event a scheduled physician is unable to complete an assigned shift, the contractor shall provide a replacement physician within two (2) hours and notify the Contracting Officer’s Representative (COR) at the EOVAHCS immediately of the schedule change.

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

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

2.17.2 For temporary substitutions where the key person shall not be reporting to work for three

(3) consecutive work days 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 replacement to be credentialed in accordance with the policy extant at the EOVAHCS.

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

2.17.4 The CO and COR shall deal with issues raised concerning Contract prescriber(s) conduct.

The final arbiter on questions of acceptability is the CO.

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

3. Hours of Operation

3.1 Business Hours – The Psychiatry Department is open Monday – Friday from 8:00am to 4:30pm excluding recognized federal holidays.

3.2 Work Schedule – The contractor shall be assigned to work on the inpatient psychiatry unit on Saturday and Sunday and all holidays to round on the patients and complete consults in the ER and medical units. The contractor shall arrive between 7:30 A.M. and 10 A.M. and remain until all work is completed. The number of APRN/PA’s specializing in mental health or Board- Certified/Board eligible Psychiatrist Physicians required to be working on the inpatient psychiatry unit on a daily basis is one (1) PA or (1) APRN, plus one Psychiatrist Physician to be available as needed for consultation, or one (1) Board Certified/Board eligible Psychiatrist Physician.

3.2.1 The EOVAHCS reserves the right to accommodate schedule changes as workload demands. If any changes are needed, the EOVAHCS will give 14 days’ notice prior to the change in shift.

3.3 Federal Holidays – The following holidays are observed by the Department of Veterans Affairs:

• New Year’s Day

• President’s Day

• Martin Luther King’s Birthday

• Memorial Day

• Independence Day

• Labor Day

• Columbus Day

• Veterans Day

• Thanksgiving

• Christmas Day

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

3.4 Work Schedule:

3.4.1 Cancellations/Continuity of Services – The contractor shall ensure that qualified backup providers are available to provide coverage during scheduled and unscheduled absences of the primary contract provider. The contractor shall ensure that all backup providers participate in the Credentialing and Privileging and Training processes.

3.4.2 Disaster/Emergency Coverage: The standard of care should be equal to that provided by the VA if the VA were capable of providing the services required at their location. The contractor shall provide competent, quality Psychiatry medicine services to all patients of the Eastern Oklahoma VA Health Care System, in the performance of contract requirements. Contractor shall provide all services specified in this contract for any VA beneficiary, regardless of the race, color, religion, sex, or national origin of the person for whom such services are ordered. The Contractor further warrants that he/she shall not resort to subcontracting as means of circumventing this provision.

3.4.3 Absences: The payment for any leave, including sick leave, holiday, or vacation time, is the responsibility of the contractor. Appropriate coverage must be provided in accordance with the contract terms and conditions and must be supplied by the contractor. The contractor’s employee must be present for their tour of duty with the EOVAHCS and must be actually performing the required services for the period specified in the contract. Backup coverage is required at all times. In the event a contracted prescriber does not come to work for a scheduled shift due to weather, illness, or other reasons the contractor must provide a replacement within 3 hours of the shift start.

3.4.4 State of Emergency – Unless a state of emergency has been declared, the contractor shall be responsible for providing services.

4. Contractor Responsibilities

4.1 Clinical Personnel Required – The contractor shall provide contract prescriber(s) who are competent, qualified per this performance work statement, and adequately trained to perform assigned duties.

4.1.1 Contract prescriber(s) shall be responsible for signing in and out when in attendance. Time sheets will be used by the COR to confirm hours/days and services provided against the contractor’s Time and Leave invoices.

4.1.2 Contract personnel shall be able to report to the facility within 2 hours while on duty if needed or requested.

4.2 Standards of Care: The contract prescriber(s)’ care shall cover the range of Psychiatry services as would be provided in a state-of-the-art civilian medical treatment facility and the standard of care shall be of a quality, meeting or exceeding currently recognized by The Joint Commission, VA and national standards as established by:

4.2.1 VA Standards: VHA Directive 1003 “Veterans’ Customer Service Program” www.va.gov/ vhapublications/viewpublication.asp?pub_id=268 http://www.va.gov/%E2%80%8Bvhapublications/%E2%80%8Bviewpublication.asp?pub_id=268 http://www.va.gov/%E2%80%8Bvhapublications/%E2%80%8Bviewpublication.asp?pub_id=268

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

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

4.2.4 The requirements contained in this performance work statement (PWS)

4.3 Medical Records:

4.3.1 Authorities: Contract prescriber(s) providing healthcare services to VA patients shall be considered as part of the Department Healthcare Activity and shall comply with the U.S.C.551a (Privacy Act), 38 U.S.C. 5701 (Confidentiality of claimants records), 5 U.S.C. 552 (FOIA), 38 U.S.C. 5705 (Confidentiality of Medical Quality Assurance Records) 38 U.S.C. 7332 (Confidentiality of certain medical records), Title 5 U.S.C. § 522a (Records Maintained on Individuals) as well as 45 C.F.R. Parts 160, 162, and 164 (HIPAA).

4.3.2 HIPAA: This contract and its requirements meet exception in 45 CFR 164.502(e), and does not require a Business Associate Agreement (BAA) in order for Covered Entity to disclose Protected Health Information to a health care provider for treatment. Based on this exception, a BAA is not required for this contract. Treatment and administrative patient records generated by this contract or provided to the Contractors by the VA are covered by the VA system of records entitled ‘Patient Medical Records-VA’ (24VA19). Contractor-generated VA Patient records are the property of the VA and shall not be accessed, released, transferred, or destroyed except in accordance with applicable laws and regulations. Contractor shall ensure that all records pertaining to medical care and services are available for immediate transmission when requested by the VA. Records identified for review, audit, or evaluation by VA representatives and authorized federal and state officials, shall be accessed on-site during normal business hours or mailed by the Contractor at his expense. Contractor shall deliver all final patient records, correspondence, and notes to the VA within twenty-one (21) calendar days after the contract expiration date.

4.3.3 Disclosure: Contract prescriber(s) may have access to patient medical records: however, Contractor shall obtain permission from the VA before disclosing any patient information.

Subject to applicable federal confidentiality or privacy laws, the Contractor, or their designated representatives, and designated representatives of federal regulatory agencies having jurisdiction over 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. The VA will provide the Contractor with a copy of VHA Handbook 1907.01, Health Information management and Health Records and VHA Handbook 1605.1, Privacy and Release of Information. The penalties and liabilities for the unauthorized disclosure of VA patient information mandated by the statutes and regulations mentioned above, apply to the Contractor.

4.3.4 Professional Standards for Documenting Care: Care shall be appropriately documented in medical records, including charts, orders, and encounter forms in accordance with standard commercial practice and guidelines established by VHA Handbook 1907.01 Health Information http://www.jointcommission.org/standards_information/standards.aspx http://www.hpoe.org/resources?show=100&type=8 http://www.rms.oit.va.gov/SOR_Records/24VA19.asp http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=3088 http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=3088 http://www1.va.gov/vhapublications/viewpublication.asp?pub_id=1423

Management and Health Records: VHA Handbook 1907.01, Health Information management and Health Records and all guidelines provided by the EOVAHCS.

4.3.5 VA Furnished Equipment: Contractor personnel are to provide appropriate care for the equipment. Technical problems are to be reported immediately to the COR or VA OI&T.

4.3.6 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. In the case of the VA authorizing the Contractor to release patient information, the Contractor in compliance with VA regulations, and at his/her own expense, shall use VA Form 3288, Request for and Consent to Release of Information from Individual’s Records, to process “Release of Information Requests.” In addition, the Contractor shall be responsible for locating and forwarding records not kept at their facility. The VA’s Release of Information Section shall provide the Contractor with assistance in completing forms. Additionally, the Contractor shall use VA Form 10-5345, Request for and Authorization to Release Medical Records or Health Information, when releasing records protected by 38 U.S.C. 7332. Treatment and release records shall include the patient’s consent form. Completed Release of Information requests will be forwarded to the VA Privacy Officer at the following address: Ronnie Jamerson, Privacy Officer Eastern Oklahoma VA HCS Muskogee, OK 74401

4.3.7 Patient Care – Ninety (90) percent of the time is involved in indirect or direct patient care.

Per the qualification section of this PWS, the contractor shall provide the following staff:

4.3.7.1 The patients will be located in the Inpatient Mental Health Ward, Med Surge floors or Emergency Department for the EOVAHCS. The services specified may be changed by written modification to this contract and will be performed by the contractor within the VA policies and procedures and regulations of the medical staff bylaws of the VA facility. Services to be performed by the contractor will be under direction of the Behavioral Medicine Service Chief.

4.3.7.2 All services and care are to be provided consistent with the national standard of care, based on best clinical judgment, VA/VHA clinical guidelines, VA/VHA directives, pertinent VA/VHA performance measures and guidelines. It is recognized by both parties that timely reporting of results of examinations as well as diagnostic and therapeutic procedures, is a critical component of good patient care and treatment.

4.3.8 Scope of Care: Contract prescriber(s), as appropriate and within scope of practice/privileging, shall be responsible for providing Psychiatric care, including, but not limited to:

• Follow-up on Psychiatric Issues

• In-patient Psychiatric Consults

4.3.9 Clinical Care – Contractor prescriber(s) shall be available on time for scheduled tour of duties. Prescribers shall adhere to EOVAHCS service agreements between Primary Care provider and Psychiatry services. Service agreements outline specific guidelines for consultative services.

http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=3088 http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=3088 http://www4.va.gov/vaforms/va/pdf/VA3288.pdf http://www4.va.gov/vaforms/va/pdf/VA3288.pdf http://www4.va.gov/vaforms/medical/pdf/vha-10-5345-fill.pdf http://www4.va.gov/vaforms/medical/pdf/vha-10-5345-fill.pdf

4.4 Patient Safety Compliance and Reporting: Contract prescriber(s) shall follow all established patient safety and infection control standards of care. Contract prescriber(s) shall make every effort to prevent medication errors, falls, and patient injury caused by acts of commission or omission in the delivery of care. All events related to patient injury, medication errors, and other breeches of patient safety shall be reported to the Patient Safety Manager via the Electronic Incident Reporting System in use at EOVAHCS. As soon as practicable (but within 24 hours) Contractors shall notify COR of incident and submit to the COR the Patient Safety Report, following up with COR as required or requested.

5. Administrative – Ten (10) percent of time is not involved in direct patient care.

5.1 Quality Improvement Meetings: The contract prescriber(s) shall participate in continuous quality improvement activities and meetings with committee participation as required by the EOVAHCS Chief of Service, Chief of Staff, or designee as necessary.

5.2 Staff Meetings: The contract prescriber(s) shall attend staff meetings as required by the EOVAHCS Behavioral Medicine Service Chief, Chief of Staff, or designee. Contractor to communicate with COR on this requirement and report any conflicts that may interfere with compliance with this requirement. List all meetings, associated time, and frequency.

5.3 QA/QI documentation: The contract prescriber(s) shall complete the appropriate QM/PI documentation pertaining to all procedures, complications, and outcome of examinations.

5.4 Performance Standards, Quality Assurance, and Quality Improvement –

5.4.1 Quality Management/Quality Assurance Surveillance: Contractor prescriber(s) shall be subject to Quality Management measures, such as patient satisfaction surveys, timely completion of medical records, and Peer Reviews. Methods of Surveillance: Focused Provider Practice Evaluation (FPPE) and Ongoing Provider Practice Evaluation (OPPE). Contractor performance will be monitored by the government using the standards as outlined in this Performance Work Statement (PWS) and methods of surveillance detailed in the Quality Assurance Surveillance Plan (QASP). The QASP shall be attached to the resultant contract and shall define the methods and frequency of surveillance conducted.

5.4.1.1 The contractor shall furnish the Chief of Staff, on an annual basis, provider-specific information on all contractor prescriber(s) providing services at the facility. This confidential, provider-specific information shall be used to identify opportunities for improvement and provide the appropriate data to support the decision of re-appointment/re-privileging.

5.4.2 Patient Complaints: The CO will resolve complaints concerning contractor relations with the Government employees or patients. The CO is the final authority on validating complaints.

In the event that the contractor is involved and named in a validated patient complaint, the Government reserves the right to refuse acceptance of the services of such personnel.