S02 - 36C26321R0009.pdf

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Q522--Radiology Physician Services Sioux Falls VA Health Care System
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36C26321R0009
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S02 - 36C26321R0009 0001.pdf PDF
1. D.1. Quality Assurance Surveillance Plan (QASP).pdf PDF
2. D.2. Immigration and Nationality Act.pdf PDF
36C26321R0009_2.docx DOCX document
6. D.6. CPT Code Table.xlsx XLSX spreadsheet
5. D.5. Key Personnel.xlsx XLSX spreadsheet
3. D.3. Organizational Conflicts of Interest.pdf PDF
4. D.4 VA Rules of Behavior.pdf PDF

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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 105

36C26321R0009 12-03-2020

John Peach, Contract Specialist 651-293-3037 01-05-2021

11:59PM EST

36C263 Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

Attention: John Peach 316 Robert Street N. STE. 506 St. Paul MN 55101

X

621111

$12 Million

N/A

N/A

Department of Veterans Affairs Sioux Falls VA Health Care System 2501 West 22nd Street

Sioux Falls SD 57105

NETWORK 23 CONTRACTING OFFICE

Attention: John Peach 316 Robert Street N. STE. 506 St. Paul MN 55101

Y

Financial Services Center PO Box 149971

Austin TX 78714-9971

See CONTINUATION Page

Radiology Physician Services for the Sioux Falls VA Health Care System.

See Section B.2 Schedule of Services on page 5.

See Section B.3 Performance Work Statement on page 10.

VA intends to award a contract with a five-year ordering period.

See CONTINUATION Page

X ONE

Andrew J. Schoenecker Contracting Officer

36C26321R0009

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 SCHEDULE OF SERVICES

B.3 PERFORMANCE WORK STATEMENT

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

C.2 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

C.3 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN

2016)

C.4 52.216-18 ORDERING (AUG 2020)

C.5 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.6 52.216-22 INDEFINITE QUANTITY (OCT 1995)

C.7 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.8 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

C.9 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.10 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.11 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF

COMMERCIAL ITEMS (APR 2020)

C.12 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND COMPLIANCE

(JUL 2018)

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

C.14 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS—COMMERCIAL ITEMS (OCT 2020)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (JUN 2020)

E.2 PROPOSAL SUBMITTAL INSTRUCTIONS

E.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

E.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.5 52.216-1 TYPE OF CONTRACT (APR 1984)

E.6 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

E.8 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

E.9 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (OCT

2020)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

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

a. CONTRACTOR:

b. GOVERNMENT:

Contracting Officer Andrew J. Schoenecker at andrew.schoenecker@va.gov Department of Veterans Affairs NCO 23 – St. Paul 316 Robert Street N.

St. Paul MN 55101

Contract Specialist John Peach at john.peach@va.gov Department of Veterans Affairs NCO 23 – St. Paul 316 Robert Street N.

St. Paul MN 55101

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

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. Invoicing shall be in accordance with the requirements of The Department of Veterans Affairs (VA) Financial Services mailto:andrew.schoenecker@va.gov mailto:john.peach@va.gov

Center (VAFSC). The latest information shall be used for invoicing and payments and may change during the Period of Performance of this acquisition. Current invoicing information is located at http://www.fsc.va.gov/einvoice.asp

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

AMENDMENT NO DATE

6. TYPE OF CONTRACT: Resultant contract shall be a Fixed Price Indefinite Delivery Indefinite Quantity contract effective for the period stated in the Schedule of Services.

7. TERM OF CONTRACT: The contract will be a five-year ordering period by which offerors can propose distinct pricing in accordance with the Schedule of Services for each specified year of the five-year ordering period. The five-year ordering period is effective from April 1, 2021 through March 31, 2026. The five specified years in the five-year ordering period are as follows:

- Year 1 of the Ordering Period: April 1, 2021 to March 31, 2022

- Year 2 of the Ordering Period: April 1, 2022 to March 31, 2023

- Year 3 of the Ordering Period: April 1, 2023 to March 31, 2024

- Year 4 of the Ordering Period: April 1, 2024 to March 31, 2025

- Year 5 of the Ordering Period: April 1, 2025 to March 31, 2026

8. POINT OF CONTACT: The Contractor shall provide a point of contact (POC) who shall be responsible for the performance of the work under this contract. The POC shall have full authority to act for the Contractor on all matters relating to the daily operation of this contract. The POC may be a contract health care provider performing under this contract. An alternate may be designated, but the Contractor shall identify, in writing, those times when the alternate shall act as the POC. The Contractor shall identify the POC and alternate in writing to the Contracting Officer’s Representative (COR) and Contracting Officer (CO). The Contractor shall give written notification to the COR and CO of the time when the alternate will act as the POC. The POC shall be available by telephone Monday through Friday, 8:00 AM through 4:30 PM, excluding Federal holidays.

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

10. POST AWARD ORIENTATION: The Contracting Officer shall follow the guidance in FAR Subpart 42.5 and the VA Acquisition Manual (VAAM) Subpart M842.5.

http://www.fsc.va.gov/einvoice.asp

B.2 SCHEDULE OF SERVICES

The Contractor shall furnish all personnel to provide services necessary to perform on-site Radiology Physician Services and off-site (teleradiology) Radiology Physician Services to eligible beneficiaries of the Department of Veterans Affairs Medical Sioux Falls VA Health Care System (hereinafter referred to as VAHCS). The contractor’s physician(s)’ care shall cover the range of Radiology services as would be provided in a state-of-the-art civilian medical treatment facility and the standard of care shall be of a quality, meeting or exceeding currently recognized national standards as established by the American College of Radiology Guidelines http://www.acr.org/Quality-Safety/Standards-Guidelines/Practice- Guidelines-by-Modality

Place of Performance: On-site services shall be performed at VAHCS Sioux Falls 2501 W 22nd Street, Sioux Falls, SD 57105. Off-site services shall be performed at the Contractor’s facility.

Pricing Instructions:

The Contractor shall propose Board-Certified Radiologists for interpretation services to include, but not limited to; interpretations of general radiology, fluoroscopic procedures, neuroradiology, musculoskeletal imaging, general nuclear medicine and Single-Photon-Emission Computed Tomography (SPECT), Computed Tomography (CT), Computed Tomography Angiography (CTA), Magnetic Resonance Imaging (MRI), Magnetic Resonance Angiography (MRA), Ultrasound, and bone densitometry (DEXA).

Each radiologist must be credentialed by the Sioux Falls VAHCS and available to ensure operational hours and workload is covered for meeting the contract requirements.

Commercial health care Offerors shall identify by title/position or level of experience the key personnel submitted.

The Contractor shall propose seven (7) key personnel to be credentialed and be available for scheduling to meet the requirements of the contract.

1. Contractor shall provide a minimum of one (1) full-time (1.0 FTE) Radiologist, Board Certified in Radiology, to provide interpretations and radiology procedure services Monday-Friday 8:00am- 5:00pm On-Site (excluding federal holidays), 40 hours per week, for an estimated 2,080 hours per year, at the Sioux Falls VA Health Care System. A designated unpaid one hour break period will occur from 12:00pm to 1:00pm during each scheduled work day.

2. Contractor shall provide a minimum of one (1) Radiologist, Board Certified in Radiology, to provide On-Site radiology services and to act as Acting Chief of Radiology. In this role, the Acting Chief of Radiology will assist the On-Site Radiologist(s) with interpretations and radiology procedures as necessary, 8 hours per week, for an estimated 416 hours (0.2 FTE) per year, at the Sioux Falls VA Health Care System. The schedule will be determined according to workload in conjunction with the Imaging Service Line at the Sioux Falls VA Health Care System. The duties of this position shall exclude any inherently government functions such as those listed under FAR 7.503(c). The duties of this position shall include, but are not limited to the duties listed under the Performace Work Statement (PWS) Section 4.9. Administrative.

3. Contractor shall provide off-site (teleradiology) interpretation coverage by Board-Certified

Radiologist(s) and Nuclear Medicine Physician(s) for interpretation services to include, but not limited to; interpretations of general radiology, fluoroscopic procedures, neuroradiology, musculoskeletal imaging, general nuclear medicine and Single-Photon-Emission Computed Tomography (SPECT), Computed Tomography (CT), Computed Tomography Angiography (CTA), Magnetic Resonance Imaging (MRI), Magnetic Resonance Angiography (MRA), Ultrasound, and http://www.acr.org/Quality-Safety/Standards-Guidelines/Practice-Guidelines-by-Modality http://www.acr.org/Quality-Safety/Standards-Guidelines/Practice-Guidelines-by-Modality bone densitometry (DEXA). Nuclear Medicine coverage to be provided by a Board-Certified Nuclear Medicine Physician. Coverage shall be 24-hours a day, seven days a week, and Federal Holidays. The pricing for the off-site (teleradiology) interpretation coverage will be based on the current Medicare CPT Code with modifier 26 (Professional Component) Facility current calendar year rate for South Dakota plus the proposed percentage price increase as documented in Attachment 6. D.6. CPT Code Table.

Attachment 6. D.6. CPT Code Table provides CPT Codes for common procedures with estimated quantities. The estimated quantity does not obligate the government to those amounts.

Throughout contract administration, all codes reasonably considered to be included under the requirements specialty areas shall be considered in scope, additional CPT codes can be added to the schedule, if necessary.

Offerors must enter on Attachment 6. D.6. CPT Code Table the proposed percentage of Medicare rate in the yellow highlighted box in the upper left titled “Input the proposed percentage price increase to the current Medicare CPT Code with modifier 26 (Professional Component) calendar rate for South Dakota.” The proposed percentage of Medicare rate shall be the same percentage rate for the entire column in that specified year period. The Percent of Medicare entry is extremely important since the contract award shall be at that rate. Offerors must attach the corresponding Attachment 6. D.6. CPT Code Table showing the percentage rate of Medicare. The total extended price figure from each year period tab on the Excel spreadsheet shall be input in the corresponding Schedule under the Estimated Total Price column for line item three. All spreadsheets must be submitted in Microsoft Excel and without protected/locked portions or other methods which prevent or do not facilitate expeditious pricing validation. PDF files and similarly constructed files are not acceptable.

Throughout the life of the contract VA shall pay the current Medicare calendar Facility rate with modifier 26 (Professional Component) for South Dakota, plus the proposed percentage price increase. Prices quoted are all-inclusive of any incidental costs and/or fees.

One FTE is defined by VA as a person working 40 hours per week or a minimum of 80 hours every two

(2) weeks and does not include holidays.

Key Personnel:

Contractor Key Personnel shall be listed in Attachment 5. D.5. Key Personnel, to include name and title/position. All Key Personnel changes shall be completed through a contract modification.

In accordance with FAR 16.504(a)(1), the guaranteed minimum and maximum dollar amounts are listed in the table below. These amounts cover the base and all option periods of the contract. The maximum dollar amount listed shall not be exceeded. IDIQ established MIN and MAX dollar amounts for Base and all Option Periods:

Minimum $500,000.00 Maximum $17,000,000.00

Ordering Procedures

The contract will be a five-year ordering period by which offerors can propose distinct pricing in accordance with the Schedule of Services for each specified year of the five-year ordering period. The five-year ordering period is effective from April 1, 2021 through March 31, 2026. The five specified years in the five-year ordering period are as follows:

- Year 1 of the Ordering Period: April 1, 2021 to March 31, 2022

- Year 2 of the Ordering Period: April 1, 2022 to March 31, 2023

- Year 3 of the Ordering Period: April 1, 2023 to March 31, 2024

- Year 4 of the Ordering Period: April 1, 2024 to March 31, 2025

- Year 5 of the Ordering Period: April 1, 2025 to March 31, 2026

A task order shall be placed only by a Network Contracting Office 23 (NCO 23) Contracting Officer. A task order will be issued for each year in the ordering period by written notice to the Contractor using Standard Form 1449. No additional services are authorized without prior approval through the Contracting Officer.

Period of Performance:

The five-year ordering period is effective from April 1, 2021 through March 31, 2026.

YEAR 1: April 1, 2021 to March 31, 2022

YEAR 2: April 1, 2022 to March 31, 2023

Item Number

Description Estimated Quantity

Unit of Measure

Unit Price Estimated Total Price

1.0 FTE On-Site Board Certified Radiology

Physician Services

2,080 HR $ $

0.20 FTE On-Site Board Certified

Radiologist Administrative Services (Acting Chief of Radiology)

416 HR $ $

Off-Site (teleradiology) Board-Certified Radiologist(s) and Nuclear Medicine Physician(s) Services (Per Procedure CPT

– See Attachment 6)

1 LT

See Attachment 6

ESTIMATED TOTAL FOR YEAR 1 $

Item Number

Description Estimated Quantity

Unit of Measure

Unit Price Estimated Total Price

1.0 FTE On-Site Board Certified Radiology

Physician Services

2,080 HR $ $

0.20 FTE On-Site Board Certified

Radiologist Administrative Services (Acting Chief of Radiology)

416 HR $ $

YEAR 3: April 1, 2023 to March 31, 2024

YEAR 4: April 1, 2024 to March 31, 2025

Off-Site (teleradiology) Board-Certified Radiologist(s) and Nuclear Medicine Physician(s) Services (Per Procedure CPT

– See Attachment 6)

1 LT

See Attachment 6

ESTIMATED TOTAL FOR YEAR 2 $

Item Number

Description Estimated Quantity

Unit of Measure

Unit Price Estimated Total Price

1.0 FTE On-Site Board Certified Radiology

Physician Services

2,080 HR $ $

0.20 FTE On-Site Board Certified

Radiologist Administrative Services (Acting Chief of Radiology)

416 HR $ $

Off-Site (teleradiology) Board-Certified Radiologist(s) and Nuclear Medicine Physician(s) Services (Per Procedure CPT

– See Attachment 6)

1 LT

See Attachment 6

ESTIMATED TOTAL FOR YEAR 3 $

Item Number

Description Estimated Quantity

Unit of Measure

Unit Price Estimated Total Price

1.0 FTE On-Site Board Certified Radiology

Physician Services

2,080 HR $ $

0.20 FTE On-Site Board Certified

Radiologist Administrative Services (Acting Chief of Radiology)

416 HR $ $

Off-Site (teleradiology) Board-Certified Radiologist(s) and Nuclear Medicine Physician(s) Services (Per Procedure CPT

– See Attachment 6)

1 LT

See Attachment 6

ESTIMATED TOTAL FOR YEAR 4 $

YEAR 5: April 1, 2025 to March 31, 2026

Estimated Total for the entire five-year ordering period: $_________________________

Item Number

Description Estimated Quantity

Unit of Measure

Unit Price Estimated Total Price

1.0 FTE On-Site Board Certified Radiology

Physician Services

2,080 HR $ $

0.20 FTE On-Site Board Certified

Radiologist Administrative Services (Acting Chief of Radiology)

416 HR $ $

Off-Site (teleradiology) Board-Certified Radiologist(s) and Nuclear Medicine Physician(s) Services (Per Procedure CPT

– See Attachment 6)

1 LT

See Attachment 6

ESTIMATED TOTAL FOR YEAR 5 $

B.3 PERFORMANCE WORK STATEMENT

1. GENERAL:

1.1. Services Provided: The Contractor shall provide Board Certified Radiology Physician Services (interpretation services to include, but not limited to; interpretations of general radiology, fluoroscopic procedures, neuroradiology, musculoskeletal imaging, general nuclear medicine and Single-photon-emission computed tomography (SPECT), computed tomography (CT), computed tomography angiography (CTA), magnetic resonance imaging (MRI), magnetic resonance angiography (MRA), Ultrasound, and bone densitometry (DEXA) in accordance with the specifications contained herein to beneficiaries of the Department of Veterans Affairs (VA) and the Sioux Falls VA Health Care System (SFVAHCS). The VA Radiology Services follow the standards & guidelines set forth by American College of Radiology (ACR). A contractor providing onsite radiologist services shall provide services that meet or exceed the American College of Radiology Guidelines https://www.acr.org/Clinical-Resources/Practice-Parameters-and-Technical-Standards/Practice-Parameters-by-Modality.

1.2. Place of Performance: Contractor shall furnish services for the 1.0 FTE Board Certified Radiologist and 0.2 FTE Acting Chief of Radiology services at the Sioux Falls VA Health Care System, 2501 W. 22nd Street, Sioux Falls, South Dakota 57105; other modalities at contractor’s facilities. There is a total of two reading rooms that can be utilized by the contractor at the Sioux Falls VA Health Care System. Neuroradiology, Musculoskeletal Radiology (MSK) and Nuclear Medicine can be read off-site or in the additional reading room.

1.3. Authority: Title 38 USC 8153, Health Care Resources (HCR) sharing Authority and FAR Part 12 in combination with FAR Part 15.

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

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

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

1.4.3. VHA Handbook 1100.19: Credentialing and Privileging

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

1.4.4. VHA Directive 1192: Seasonal Influenza Prevention Program https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=5472

1.4.5. 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

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

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

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

https://www.acr.org/Clinical-Resources/Practice-Parameters-and-Technical-Standards/Practice-Parameters-by-Modality https://www.acr.org/Clinical-Resources/Practice-Parameters-and-Technical-Standards/Practice-Parameters-by-Modality https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=2135 https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=1364 https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=2910 https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=5472 https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=8365 https://www.va.gov/vapubs/viewPublication.asp?Pub_ID=969&FType=2 https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=3088 http://www.justice.gov/oip/foia_updates/Vol_XVII_4/page2.htm

1.4.9. VHA Directive 1105.05, Magnetic Resonance (MR) Safety

https://vaww.va.gov/vhapublications/publications.cfm?pub=1&order=asc&orderby=pub_ Number

1.4.10. VHA Directive 1105.04, Fluoroscopy Safety

https://vaww.va.gov/vhapublications/publications.cfm?pub=1&order=asc&orderby=pub_ Number

1.4.11. VHA Directive 1105.02, Nuclear Medicine and Radiation Safety Administrative Services https://vaww.va.gov/vhapublications/publications.cfm?pub=1&order=asc&orderby=pub_ Number

1.4.12. VHA Directive 1187, Administrative Practices for Ensuring Safe Injection of Radio-labeled Blood Products https://vaww.va.gov/vhapublications/publications.cfm?pub=1&order=asc&orderby=pub_ Number

1.4.13. VHA Directive 1105, Management of Radioactive Materials https://vaww.va.gov/vhapublications/publications.cfm?pub=1&order=asc&orderby=pub_ Number

1.4.14. VHA Directive 1177, Cardiopulmonary Resuscitation

https://vaww.va.gov/vhapublications/publications.cfm?pub=1&order=asc&orderby=pub_ Number

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

1.5. 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.

1.5.1. ACEP: American College of Emergency Physicians

1.5.2. ACGME: Accreditation Council for Graduate Medical Education

1.5.3. AOD: Admitting Officer of the Day

1.5.4. CDC: Centers for Disease Control and Prevention

1.5.5. CR: Contract Discrepancy Report

1.5.6. CEU: Certified Education Unit

1.5.7. CME: Continuing Medical Education

1.5.8. CMS: Centers for Medicare and Medicaid Services

1.5.9. 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.

1.5.10. Contracting Officer’s Representative (COR) – A person appointed by the CO to take http://www.justice.gov/oip/foia_updates/Vol_XVII_4/page2.htm https://vaww.va.gov/vhapublications/publications.cfm?pub=1&order=asc&orderby=pub_Number https://vaww.va.gov/vhapublications/publications.cfm?pub=1&order=asc&orderby=pub_Number https://vaww.va.gov/vhapublications/publications.cfm?pub=1&order=asc&orderby=pub_Number https://vaww.va.gov/vhapublications/publications.cfm?pub=1&order=asc&orderby=pub_Number https://vaww.va.gov/vhapublications/publications.cfm?pub=1&order=asc&orderby=pub_Number https://vaww.va.gov/vhapublications/publications.cfm?pub=1&order=asc&orderby=pub_Number https://vaww.va.gov/vhapublications/publications.cfm?pub=1&order=asc&orderby=pub_Number https://vaww.va.gov/vhapublications/publications.cfm?pub=1&order=asc&orderby=pub_Number https://vaww.va.gov/vhapublications/publications.cfm?pub=1&order=asc&orderby=pub_Number https://vaww.va.gov/vhapublications/publications.cfm?pub=1&order=asc&orderby=pub_Number https://vaww.va.gov/vhapublications/publications.cfm?pub=1&order=asc&orderby=pub_Number https://vaww.va.gov/vhapublications/publications.cfm?pub=1&order=asc&orderby=pub_Number https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=3148 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.

1.5.11. COS: Chief of Staff

1.5.12. CPARS: Contractor Performance Assessment Reporting System

1.5.13. 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.

1.5.14. DEA: Drug Enforcement Agency

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

1.5.16. FSMB: Federation of State Medical Boards

1.5.17. HHS: Department of Health and Human Services

1.5.18. HIPAA: Health Insurance Portability and Accountability Act

1.5.19. HR: Human Resources

1.5.20. ISO: Information Security Officer

1.5.21. MOD: Medical Officer of the Day

1.5.22. 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).

1.5.23. NPPES: National Plan and Provider Enumeration System

1.5.24. POP: Period of Performance

1.5.25. PPD: Purified Protein Derivative

1.5.26. PWS: Performance Work Statement

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

1.5.28. QA/QI: Quality Assurance/Quality Improvement

1.5.29. QM/PI: Quality Management/Performance Improvement

1.5.30. QASP: Quality Assurance Surveillance Plan

1.5.31. 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.

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

1.5.33. 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.

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

1.5.35. 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 Sioux Falls VA Health Care System.

2. QUALIFICATIONS:

2.1. Staff/Facility

2.1.1. License – The Contractor’s physician(s) assigned by the Contractor to perform the On-Site services covered by this contract shall have a current license to practice medicine in any State, Territory, or Commonwealth of the United States or the District of Columbia when services are performed on VA property.

The Contractor’s physician(s) assigned by the Contractor to perform the Off-Site services covered by this contract shall have a current license as required for complying with applicable state (such as South Dakota) licensing requirements.

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

2.1.2. Board Certification - All contractor’s physician(s) shall be Board Certified per the American Board of Radiology (http://www.theabr.org/) . All continuing education courses required for maintaining certification must be kept up to date at all times. Documentation verifying current certification shall be provided by the Contractor to the VA COR on an annual basis for each year of contract performance.

2.1.3. The contract service must include a Nuclear Regulatory Commission (NRC) licensed physician. The individual must be an authorized user of materials 35.100, 35.200, and 35.300

2.1.4. 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 physician(s) possesses the requisite credentials enabling the granting of privileges. No services shall be provided by any contractor’s physician(s) prior to obtaining approval by the Sioux Falls VA Health Care System Professional Standards Board, Medical Executive Board and Medical Center Director.

http://www.theabr.org/

2.1.4.1. If contractor’s physician(s) is/are 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.

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

2.1.4.3. Contract licensed independent practitioners must be credentialed and privileged through the VA facility’s Medical Staff Office in accordance with VHA Handbook 1100.19, Credentialing and Privileging.

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

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

2.1.4.6. The VA’s Medical Staff Office or Human Resources Management Service will provide an instruction packet containing forms and a detailed listing of required documentation, including curriculum vitae, current references, signed release of information from the candidate, and statement that the candidate does not have any physical or mental health condition that would adversely affect his/her ability to carry out the assigned duties, and additional credentialing forms. The candidate will also be required to make application through the VetPro internet-based process.

The candidate will need to be enrolled in VetPro by the Credentialing Coordinator at the VA or by the Human Resources Management Service designee. The website address is: http://fep.vetpro.org/ It is the Contractor’s responsibility to contact the Kevin Lawrence to request a package and instructions.

2.1.5. Technical Proficiency - Contractor’s physician(s) shall be technically proficient in the skills necessary to fulfill the government’s requirements, including the ability to speak, understand, read and write English fluently. Contractor shall provide documents upon request of the CO/COR to verify current and ongoing competency, skills, certification and/or licensure related to the provision of care, treatment and/or services performed.

Contractor shall provide verifiable evidence of all educational and training experiences including any gaps in educational history for all contractor’s physician(s) and contractor’s physician(s) shall be responsible for abiding by the Facility's Medical Staff By-Laws, rules, and regulations (referenced herein) that govern medical staff behavior.

2.1.6. Continuing Medical Education (CME)/ Certified Education Unit (CEU) Requirements:

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

http://fep.vetpro.org/

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

Training (The following training is mandatory per VACO for Contracted Physicians)

Frequency Annual Hours

VA Privacy and Information Security Training and Rules of Behavior (TMS Curricula DVA-001, TMS Course # 10176)

Annually 0.5 Hour

Privacy and HIPAA Training (TMS Curricula DVA-001, TMS Course # 10203)

Annually 0.5 Hour

Mandatory Training for Transient Clinical Staff (Non- Trainees).

(TMS Course # 20152) Includes the following training topics:

• Government Ethics

• HIPAA

• Patient Rights

• Health Record Documentation

• Occupational Safety

• Patient Safety

• EEO Laws/Workplace Harassment/No Fear Act

• Violence in the Workplace and Handling Disruptive

Behavior

• Tort Claims Protection

• Response to an Active Threat Event

• MRI Safety for Non-Lab Staff (Level 1)

• I CARE

One-Time 1.0 Hour

MRI Level 1 Training (TMS Course # 1345270) One-Time 0.5 Hour MRI Level 2 Training (TMS Course # 1345408) One-Time 0.5 Hour CPRS Tab by Tab: A Basic Orientation (TMS Course # 35795)

One-Time 1.0 Hour

VISTA Imaging (TMS Course # 23520) One-Time 0.5 Hour Military Sexual Trauma (MST) for Medical Professionals (TMS Course # 30925)

• Test-Out Option (TMS Course # 31277)

One-Time 0.5 Hours

SUX Infection Control and Bloodborne Pathogens (TMS Course # 4173075)

Annual 0.25 Hours

Suicide Risk Management Training for Clinicians (TMS Course # 6201)

Annual 0.25 Hours

Life Sustaining Treatment Decisions Initiative (TMS Course # 31722)

One-Time 0.25 Hours

An Introduction to Transgender Veteran Health Care (TMS Course # 21629)

One-Time 0.25 Hours

Initial Didactic Training for Flouroscopy (TMS Course #16651)

Annual 0.50 Hours

Annual Radiation Safety Training with Flouroscopy Refresher Training (with Radiology Imaging Leadership)

Annual 2.0 Hours

2.1.8. Standard Personnel Testing (PPD, etc.): Contractor shall provide proof of the following tests for physicians 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.

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

2.1.8.2. Measles, Mumps, and Rubella: Contractors shall provide proof of immunity for all Contractor physicians {This is applicable to all health care workers}.

2.1.8.3. Varicella: Contractors shall provide proof of immunity for all Contractor physicians {This is applicable to all health care workers}.

2.1.8.4. Acellular Pertussis: Contractors shall provide proof of 1 dose of Tdap vaccination for all Contractor physicians {This is applicable to all health care workers}.

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

2.1.8.6. OSHA Regulation Concerning Occupational Exposure to Bloodborne Pathogens:

Contractor shall provide evidence of completing and passing generic self-study blood-borne pathogen training for all Contractor’s physician (s) {This is applicable to all health care workers}; provide their own Hepatitis B vaccination series and hepatitis B surface antigen test results following the hepatitis B vaccination series;

maintain an exposure determination and control plan; maintain required records;

and ensure that proper follow-up evaluation is provided following an exposure incident.

2.1.8.7. 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.

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

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

2.1.10. DEA: Contractor shall provide copy of current DEA certificate.

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

2.1.12. Citizenship Related Requirements:

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

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

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

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

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

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

2.1.13.1. Contractor shall review the HHS OIG List of Excluded Individuals/Entities on the HHS OIG web site at http://oig.hhs.gov/exclusions/index.asp to ensure that the proposed contractor’s physician (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.

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

2.2. Clinical/Professional 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. Clinical/Professional performance monitoring and review of all clinical personnel covered by this contract 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.

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

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

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

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

2.7. No Employee status: The Contractor shall be responsible for protecting Contractor’s physician

(s) furnishing services. To carry out this responsibility, the Contractor shall provide or certify that the following is provided for all their staff providing services under the resultant contract:

• Workers’ compensation

• Professional liability insurance

• Health examinations

• Income tax withholding, and

• Social security payments.

2.8. Tort Liability: The Federal Tort Claims Act does not cover Contractor or contractor’s physician

(s) . When a Contractor or contractor’s physician(s) has been identified as a provider in a tort claim, the Contractor shall be responsible for notifying their legal counsel and/or insurance carrier. Any settlement or judgment arising from a Contractor’s (or contractor’s physician(s)) action or non-action shall be the responsibility of the Contractor and/or insurance carrier.

2.9. Key Personnel: Contractor will be responsible to ensure that the contractor personnel providing work on this contract are fully trained and fully competent to perform the required services for the duration of the contract period. Contractor’s personnel provided under this contract must meet the qualifications, training, and all requirements as stated in Section 2 and the Schedule of Services.

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

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

2.9.3. The minimum number of Board Certified physicians to staff the Radiology location, within (on-site) the Sioux Falls VA Medical Center, on a daily basis is one.

2.9.4. Personnel Substitutions: During the first ninety (90) calendar days of performance,…

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