S02 - 36C26323R0057.pdf

PAGE 1 OF 1. REQUISITION NO.

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

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

TIME

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

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

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

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

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

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

SEE ADDENDUM

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

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

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

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

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

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

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

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

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

618-23-4-106-0503

36C26323R0057 06-30-2023

Daniel Vagts 651-293-3040 07-14-2023

11:59AM CDT

36C263

Department of Veterans Affairs

Network 23 Contracting Office

Daniel Vagts

316 Robert Street N. STE. 506

St Paul MN 55101

X

621511

$36.5 Million

N/A

Department of Veterans Affairs

Minneapolis VA Medical Center

One Veterans Drive

Minneapolis MN 55417 MN 56303

Network 23 Contracting Office

Daniel Vagts

316 Robert Street N. STE. 506

St. Paul MN 55415

Y

Financial Services Center

PO Box 149971

Austin TX 78714-9971

See CONTINUATION Page

0.5 FTE clinical pathologist/transfusion medicine physician

in accordance with the attached schedule of services and performance work statement.

See CONTINUATION Page

X ONE

Daniel Vagts VA-VHA-SAOC-2019-161D3612

Contract Officer

36C26323R0057

Table of Contents

SECTION A

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

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 SUBCONTRACTING PLAN--MONITORING AND COMPLIANCE (JUN 2011)

B.3 SUPPLEMENTAL INSURANCE REQUIREMENTS

B.4 SCHEDULE OF SERVICES

B.5 PERFORMANCE WORK STATEMENT

SECTION C - CONTRACT CLAUSES

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

COMMERCIAL SERVICES (DEC 2022)

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

(NOV 2021)

C.4 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.5 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

C.6 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.7 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

C.8 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.9 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

C.10 VAAR 852.237-70 INDEMNIFICATION AND MEDICAL LIABILITY INSURANCE (OCT 2019)

C.11 VAAR 852.237-72 CRIME CONTROL ACT—REPORTING OF CHILD ABUSE (OCT 2019)

C.12 VAAR 852.237-75 KEY PERSONNEL (OCT 2019)

C.13 VAAR 852.273-74 AWARD WITHOUT EXCHANGES (NOV 2021)

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

EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAR 2023)

ALTERNATE II (MAR 2023)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 LIST OF ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

E.2 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (JAN 2017)

E.3 PROPOSAL SUBMITTAL INSTRUCTIONS

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 VAAR 852.209-70 ORGANIZATIONAL CONFLICTS OF INTEREST (OCT 2020)

E.8 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018)

E.9 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.10 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

E.11 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (DEC 2022)

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

Contracting Officer is Daniel Vagts at daniel.vagts@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

See Billing Instructions, PWS 6.2. Billing:

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.

5. ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the

Solicitation numbered and dated as follows:

AMENDMENT NO DATE

mailto:daniel.vagts@va.gov

6. TYPE OF CONTRACT: Resultant contracts shall be a Firm Fixed Price (FFP) contract effective for the period stated in the Schedule of Services.

7. TERM OF CONTRACT: The contract period is effective August 1, 2023 through July 31, 2024 with four (4) available option periods.

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, distribute on, 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 will schedule a post award orientation for contract orientation purposes as required by Procurement Policy Memorandum (PPM) 2019-01.

B.2 SUBCONTRACTING PLAN--MONITORING AND COMPLIANCE (JUN 2011)

This solicitation includes FAR 52.219-9, Small Business Subcontracting Plan, and VAAR 852.219-9, VA Small Business Subcontracting Plan Minimum Requirement. Accordingly, any contract resulting from this solicitation will include these clauses. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) to assist in assessing the contractor's compliance with the plan, including reviewing the contractor's accomplishments in achieving the subcontracting goals in the plan. To that end, the support contractor(s) may require access to the contractor's business records or other proprietary data to review such business records regarding the contractor's compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor compliance with the subcontracting plan.

B.3 SUPPLEMENTAL INSURANCE REQUIREMENTS

In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

(a) Workers' compensation and employers’ liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability: $500,000.00 per occurrences.

(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.

(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.

B.4 SCHEDULE OF SERVICES

The Contractor shall furnish all personnel to provide services necessary to perform onsite

Pathologist/Blood Physician Services to eligible beneficiaries of the Department of Veterans Affairs

Medical Center, Minneapolis, MN (hereinafter referred to as VAMC). The Contractor’s physician(s) care shall cover the range of pathology and transfusion 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.

Place of Performance:

Services shall be provided on site at the Minneapolis VAMC at One Veteran Drive Minneapolis, MN

55417.

Pricing Instructions:

The Contractor shall propose a minimum of two key personnel to be credentialed and be available for scheduling to meet the requirements of the contract.

VA Directive 1663 Health Care Resources Contracting – Buying defines full-time equivalent (FTE) as a minimum of 80 hours every 2 weeks.

Period of Performance: BASE PERIOD: 08-01-2023 to 07-31-2024

LIN

No.

SLIN Description Qty. Unit Unit Cost Total

Annual Cost

0001 None Blood Bank Physician Services Hours

KEY PERSONNEL

None 0001a

Blood Bank Physician Services NAME:

TITLE: ____________

1040 Hours $__/hr. $__

0002 24/7 On-Call Services (pager/phone) 7720 Hours $__/hr. $__

TOTAL FOR BASE PERIOD Hours $___________________

OPTION PERIOD ONE: 08-01-2024 to 07-31-2025

OPTION PERIOD TWO: 08-01-2025 to 07-31-2026

SLIN Description Qty. Unit Unit Cost Total

Annual Cost

1001 None Blood Bank Physician Services Hours

KEY PERSONNEL

None 1001a

Blood Bank Physician Services NAME:

TITLE: ____________

1040 Hours $__/hr. $__

1002 24/7 On-Call Services (pager/phone) 7720 Hours $__/hr. $__

TOTAL FOR OPTION PERIOD ONE Hours $___________________

LIN

No.

SLIN Description Qty. Unit Unit Cost Total

Annual Cost

2001 None Blood Bank Physician Services Hours

KEY PERSONNEL

None 2001a

Blood Bank Physician Services NAME:

TITLE: ____________

1040 Hours $__/hr. $__

2002 24/7 On-Call Services (pager/phone) 7720 Hours $__/hr. $__

TOTAL FOR OPTION PERIOD TWO Hours $___________________

OPTION PERIOD THREE: 08-01-2026 to 07-31-2027

OPTION PERIOD FOUR: 08-01-2027 to 07-31-2028

Total for base performance period and all option periods: $_________________________

SLIN Description Qty. Unit Unit Cost Total

Annual Cost

3001 None Blood Bank Physician Services Hours

KEY PERSONNEL

None 3001a

Blood Bank Physician Services NAME:

TITLE: ____________

1040 Hours $__/hr. $__

3002 24/7 On-Call Services (pager/phone) 7720 Hours $__/hr. $__

TOTAL FOR OPTION PERIOD THREE Hours $___________________

LIN

No.

SLIN Description Qty. Unit Unit Cost Total

Annual Cost

4001 None Blood Bank Physician Services Hours

KEY PERSONNEL

None 4001a

Blood Bank Physician Services NAME:

TITLE: ____________

1040 Hours $__/hr. $__

4002 24/7 On-Call Services (pager/phone) 7720 Hours $__/hr. $__

TOTAL FOR OPTION PERIOD FOUR Hours $___________________

B.5 PERFORMANCE WORK STATEMENT

1. GENERAL:

1.1. Services Provided: The Contractor shall provide a 0.5 FTE licensed physician who is a board certified/eligible Clinical Pathologist as well as a board certified/eligible in Transfusion Medicine, to perform duties for the Minneapolis VA Health Care System (MVAHCS). The contractor physician will report directly to the Director, Pathology and Laboratory Medicine Service (PALMS), at the MVAHCS. Duties include, but may not be limited to, the following, and must be provided 24/7 either on-site or on-call by phone or pager:

1.2. Contracted physician(s) will comply with appropriate MVAHCS policies, procedures, and regulations. Examples include medical staff bylaws, rules and regulations, narcotic control and use, personnel policies, labor/management relations, infection control, medical records, and required training regarding privacy, security, ethics, and the use of the MVAHCS EMR/computers.

1.3. Place of Performance - Contractor shall furnish services at the Minneapolis VA Health Care

System, 1 Veterans Drive, Minneapolis, MN 55417

1.4. Authority: Services to be provided in this agreement are under the authority of Section 301 of

Public Law 104-262, Veterans Health Care Eligibility Reform Act of 1996 (VHCERA) and Title 38

USC 8153, Health Care Resources (HCR) sharing Authority.

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

• VHA Directive 1100.18 Reporting and Responding to State Licensing Boards -https://www.va.gov/vhapublications

• VHA Directive 1907.01: VHA Health Information Management and Health Records https://www.va.gov/vhapublications

• VHA Directive 1907.08: Health Care Information Security Policy and Requirements https://www.va.gov/vhapublications

• VHA Handbook 1100.17: National Practitioner Data Bank Reports https://www.va.gov/vhapublications

• VHA Handbook 1100.19 Credentialing and Privileging – https://www.va.gov/vhapublications

• Privacy Act of 1974 (5 U.S.C. 552a) as amended https://www.justice.gov/opcl/privacy-act-1974

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

• ACGME: Accreditation Council for Graduate Medical Education

• ACLS: Advanced Cardiac Life Support

• AOD: Admitting Officer of the Day https://www.va.gov/vhapublications https://www.va.gov/vhapublications https://www.va.gov/vhapublications https://www.va.gov/vhapublications https://www.va.gov/vhapublications https://www.justice.gov/opcl/privacy-act-1974

• BLS: Basic Life Support

• CDC: Centers for Disease Control and Prevention

• CDR: Contract Discrepancy Report

• CEU: Certified Education Unit

• CME: Continuing Medical Education

• CMS: Centers for Medicare and Medicaid Services

• 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.

• 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.

• COS: Chief of Staff

• CPARS: Contractor Performance Assessment Reporting System

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

• 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.

• DEA: Drug Enforcement Agency

• ED: Emergency Department

• FSMB: Federation of State Medical Boards

• HHS: Department of Health and Human Services

• HIPAA: Health Insurance Portability and Accountability Act

• HR: Human Resources

• ISO: Information Security Officer

• 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.

• MOD: Medical Officer of the Day

• 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).

• NLNAC: National League for Nursing Accrediting Commission. https://www.nln.org

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

• NP: Nurse Practitioner

• NPPES: National Plan and Provider Enumeration System

• PA: Physician Assistant

• PALS: Pediatric Advanced Life Support

• POP: Period of Performance

• PPD: Purified Protein Derivative

• PWS: Performance Work Statement

• 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.

• QA/QI: Quality Assurance/Quality Improvement

• QM/PI: Quality Management/Performance Improvement

• QASP: Quality Assurance Surveillance Plan

• 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.

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

• 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.

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

• 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 Administration Medical Center.

2. QUALIFICATIONS:

2.1. Staff/Facility

https://www.nln.org/

2.1.1. License – The Physician(s) assigned by the Contractor to perform the services covered by this contract shall be appropriately licensed to perform the services as set forth in the agreement. The Contractor’s physician (s) assigned by the Contractor to perform the 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 onsite on VA property. Contractor personnel must meet the professional qualification criteria of VA, as reasonably determined by the VA, prior to commencement of work under this contract. The qualifications of such personnel shall also be subject to review by VA Chief of Staff and approval by VA Facility Director.

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 - Contractor must have a MD degree from a recognized medical school. He/She shall have completed an approved Clinical Pathology residency training program. Contractor’s physician (s) shall be Board Certified /Board Eligible in Clinical

Pathology. Must be Board Certified in Blood Banking/Transfusion Medicine or be board-eligible by completing a minimum of a one-year fellowship in an approved program in

Blood Banking/Transfusion Medicine. Be currently certified in Basic Life Support (BLS)

Advanced Cardiac Life Support (ACLS) or equivalency. All continuing education courses required for maintaining certification must be kept up to date at all times. Documentation verifying current certification shall be provided by the Contractor to the VA COR on an annual basis for each year of contract performance.

2.1.3. Credentialing and Privileging –Credentialing and privileging is to be done in accordance with the provisions of VHA 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 MVAHCS Professional Standards Board, Medical Executive Board and Medical Center Director.

2.1.3.1. If a Contractor’s physician (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.

2.1.3.2. All contracted physicians must undergo identity verification, security background check, fingerprinting, and medical clearance.

2.1.4. 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.

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

Contractor shall provide the COR copies of current CMEs as required or requested by the

MVAHCS. 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 credential’s 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).

2.1.6. Training (ACLS, BLS, CPRS and VA MANDATORY): Contractor shall meet all VA educational requirements and mandatory course requirements defined herein; all training must be completed by the Contractor’s physician (s) as required by the VA.

Training Frequency Annual Hours

Basic Life Support Once every 2 years 4 hours every 2 years

VA Privacy and

Information Security

Awareness and Rules of

Behavior

Initially 1.0 hour only

Mandatory Training for

Transient Clinical Staff

Initially 1.5 hours only

Privacy and HIPAA

Training

Annually 1 hour

What Every VA Clinician

& Resident Needs to

Know about Consults

Initially 1.5 hours only

MIN CLN AMR-Blood

Transfusion for Providers

Initially 0.25 hour only

MIN Protected Peer

Review Program

Initially 1 hour only

MIN: Vista Imaging

Display

Initially 0.5 hour only

VHA Provider Privacy

Training

Annually 0.5 hour

2.1.7. 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.

2.1.7.1. TUBERCULOSIS TESTING: Contractor shall provide proof of a negative reaction to

PPD testing for all Contractor’s physician (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.

2.1.7.2. RUBELLA TESTING: Contractor shall provide proof of immunization for all

Contractor’s physician (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.

2.1.7.3. OSHA REGULATION CONCERNING OCCUPATIONAL EXPOSURE TO BLOODBORNE

PATHOGENS: Contractor shall provide generic self-study training for all Contractor’s physician(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 https://cdc.gov/infectioncontrol/guidelines/healthcare-personnel/index.html for disease control. Contractor shall provide follow up documentation of clearance to return to the workplace prior to their return.

2.1.8. National Provider Identifier (NPI): NPI is a standard, unique 10-digit numeric identifier required by HIPAA. The Veterans Health Administration must use NPIs in all HIPAA-standard electronic transactions for individual (health care practitioners) and organizational entities (medical centers). The Contractor shall have or obtain appropriate

NPI and if pertinent the Taxonomy Code confirmation notice issued by the Centers for

Medicare and Medicaid Services (CMS) National Plan and Provider Enumeration System

(NPPES) be provided to the Contracting Officer with the proposal.

2.1.9. 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) https://cdc.gov/infectioncontrol/guidelines/healthcare-personnel/index.html and fully outlined in response to the subject attachment in Section D of the solicitation document.

2.1.10. Citizenship related Requirements:

2.1.10.1. The Contractor certifies that the Contractor shall comply with all legal provisions contained in the Immigration and Nationality Act of 1952, As Amended; its related laws and regulations that are enforced by Homeland Security, Immigration and

Customs Enforcement and the U.S Department of Labor as these may relate to non-immigrant foreign nationals working under contract or subcontract for the

Contractor while providing services to Department of Veterans Affairs patient referrals;

2.1.10.2. 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.

2.1.10.3. 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.

2.1.10.4. 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.

2.1.10.5. The Contractor agrees to obtain a similar certification from its subcontractors.

The certification shall be made as part of the offerors response to the RFP using the subject attachment in Section D of the solicitation document.

2.1.11. 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.

2.1.11.1. 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 Contractor’s http://oig.hhs.gov/exclusions/index.asp 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.

2.1.11.2. 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 for quality purposes will be provided by the VAMC COS and/or the Chief of the Service or his designee. A clinical COR may be appointed, however, only the CO is authorized to consider any contract modification request and/or make changes to the contract during the administration of the resultant contract.

2.3. 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 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:

2.9.1. The Contractor shall provide a 0.5 FTEE licensed physician who is a board certified/eligible Clinical Pathologist as well as a board certified/eligible in Transfusion Medicine at the onset of the contract. Note: Physicians must be credentialed and privileged by MVAHCS prior to commencing work under this contract. 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 above in Section 2.1.

2.9.1.1. A full-time equivalent employee (1.0 FTEE) is defined as a contractor employee working eight (8) hours per day, five (5) days per week or 40 hours per week.

Contractor’s employees must be present at the Minneapolis VA Medical Center and must be actually performing the required services for the period specified in the contract or the contract cost will be decreased accordingly during each billing cycle.

2.9.1.2. The number of board-certified Blood Bank Physicians for the services required to be on-site on a daily basis is 0.5 FTEE. The work schedule is defined below in Section 3 – Hours of Operation.

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

• Provider Name: Title/Rank:

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

2.9.2. 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 MVAHCS immediately of the schedule change.

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

Contractor shall make NO substitutions of key personnel unless the substitution is necessitated by illness, death or termination of employment. The Contractor shall notify the CO, in writing, within fifteen (15) calendar day (s) 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 fifteen (15) calendar days prior to making any permanent substitutions.

2.9.3.1. 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.

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

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

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

2.9.3.5. Removing/Replacing/Adding Staff: Contractor personnel performing in accordance with the contract are considered essential to the work being performed under this contract. Before removing, replacing, adding or diverting any of the personnel, the contractor shall (1) notify the COR and the Contracting Officer reasonably in advance; (2) submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on this contract; and (3) provide required documentation to the VA Chief of Staff for credentialing and privileging.

With consent of both Contracting parties, the list of specific personnel may be amended by the VA Contracting Officer to add or delete personnel.

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

2.9.4. Insurance: Contractor shall maintain commercial general liability and professional liability insurance of at least one million dollars ($1,000,000.00) applicable to its blood banking activities. Contractor’s employed physician(s) shall be covered by Contractor’s professional liability/medical malpractice insurance within the terms and conditions of the actual policy. Contractor shall also maintain worker’s compensation insurance for its employees in accordance with all statutory requirements. Contractor will provide a certificate of insurance evidencing its commercial general liability, professional liability, and worker’s compensation insurance prior to on-site work. Such certificate shall provide for not less than thirty days written notice to the Government of cancellation.

2.9.5. Limitation of Liability: The Contractor and/or his employee will not be held responsible for any loss or damage arising out of the following, as applicable:

2.9.5.1. The services provided unless directly attributable to the Contractor/or his employee’s negligence or willful misconduct.

2.9.5.2. Patient care provided by the MVAHCS, an unknow condition of any VA patient, or the underlying condition of any VA patient.

2.9.6. Nondiscrimination in Services Provided to VA Beneficiaries: The contractor agrees to provide all services specified in this contract for any person determined eligible by the

Chief Medical Director or designee, regardless of race, color, religion, gender, or national origin of the person for whom such services are ordered. The contractor further warrants that he/she will not resort to subcontracting as means of circumventing this provision.

3. HOURS OF OPERATION

3.1. VA Business Hours: The Minneapolis VA Medical Center is open 24 hours per day 7 days a week

365 days per year. Administrative offices, clinics, and the O.R. general hours of operation are

Monday through Friday, 7:00 am to 5:30 pm. The services covered by this contract shall be furnished by the contractor as defined in the work schedule below. The contractor shall also be required to furnish emergency on-call services on Federal Holidays and during off-duty hours.

3.1.1. The Contractor physician shall provide on-site services to the MVAHCS 4 hours each day, five days each week, or provide an equivalent of 20 hours of on-site services per week.

Note: The MVAHCS recognizes that there may be times when related duties may take the contract physician off-site when working in his/her capacity as the MVAHCS Blood Bank Physician. (All related duties that take the contractor physician off site must be approved by the MVAHCS Director of Pathology and Laboratory Medicine to be credited to the contract physician’s tour of duty).

3.1.2. The Contractor may provide a partnership through shared physician services to cover the

0.5 FTEE position. The CV(s) of the proposed physician(s) must be submitted to the MVAHCS Chief of Staff’s office for credentialing and privileging and security background checks must be initiated by the VA prior to a physician commencing work at the MVAHCS.

3.1.3. Personnel scheduled to perform services under this contract shall be subject to review and acceptance or rejection by the Director of Pathology and Laboratory Medicine Service (PALMS) and the MVAHCS Chief of Staff. The contracting officer must be notified of any change in personnel.

3.1.4. Off-hours Coverage:

3.1.4.1. Contractor physician(s) will be available by phone or pager for on-call coverage and consolations 24 hours per day, 7 days per week including all weekends and holidays.

3.1.4.2. On-call contractor’s physician(s) must be available at all times for phone consultations with VA residents and physicians.

3.2. Federal Holidays: The following holidays are observed by the Department of Veterans Affairs:

• New Year’s Day

• Martin Luther King’s Birthday

• President’s Day

• Memorial Day

• Juneteenth National Independence Day

• Independence Day

• Labor Day

• Columbus Day

• Veterans Day

• Thanksgiving

• Christmas

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

3.3. Cancellations:

3.3.1. 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 Contractor’s physician (s) who are competent, qualified per this performance work statement and adequately trained to perform assigned duties.

4.1.1. Contractor’s physician(s) shall be responsible for signing in and out when in attendance.

Time sheets will be used by the COR to confirm hours/day and services provided against the contractor’s invoices.

4.2. Standards of Care: The Contractor’s physician(s)’ care shall cover the range of Blood Bank and Transfusion Service Medical Director services as would be provided in a state-of-the-art health care facility and the standard of care shall be of a quality, meeting or exceeding currently recognized national standards as established by:

• Association for the Advancement of Blood & Biotherapies (AABB): https://www.aabb.org

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

• The standards of the American Hospital Association (AHA) http://www.hpoe.org/resources?show=100&type=8 https://www.aabb.org/ http://www.jointcommission.org/standards_information/standards.aspx http://www.hpoe.org/resources?show=100&type=8

• All services performed and provided at the MVAHCS shall comply with appropriate and applicable policies, procedures, and regulations of the MVAHCS to ensure compliance with all applicable Joint Commission guidelines. The contractor shall continuously meet or exceed all of The Joint Commission (TJC) applicable standards including the National Patient Safety Goals, Provision of Care, Human Resources, Waived Testing and all other applicable standards from the Hospital and Ambulatory Care manuals.

• The requirements contained in this PWS

4.3. MEDICAL RECORDS

4.3.1. Authorities: Contractor’s physician (s) providing healthcare services to VA patients shall be considered as part of the Department Healthcare Activity and shall comply with the

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 do not require a BAA in order for Covered Entity to disclose Protected Health Information to:

a health care provider for treatment. Based on this exception, a BAA is not required for this contract. 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.