S02 RFQ 36C25923Q0287 - OKC Dialysis.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

36C25923Q0287 12-14-2023

Valaria Juarez Valaria.Juarez@va.gov 303-712-5840 12-22-2023 4:00 pm MDT

36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111

X

561320

$34 Million

Net 30

N/A

X

36C635

Department of Veterans Affairs Oklahoma City VA Health Care System 921 NE 13th Street Oklahoma City, OK 73104

36C259

Department of Veterans Affairs Network Contracting Office

NCO 19

Greenwood Village CO 80111

36C635

Financial Service Center PO Box 149971 Austin TX 78714-9971

Vendor will provide Onsite Dialysis Services for the Oklahoma City VA Health Care System, Oklahoma City, OK, in accordance with the Performance Work Statement.

Period of performance will be for one base year plus four option years.

The pricing schedule begins on page 6.

The Performance Work Statement (PWS) begins on page 11.

Instructions to Offerors begins on page 63.

See CONTINUATION Page

X X

X 1(one)

Yomika Brock

36C25923Q0287

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 PRICE/COST SCHEDULE

B.3 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 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.3 IT CONTRACT SECURITY

C.4 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.6 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ... 50

C.7 VAAR 852.211-76 LIQUIDATED DAMAGES – REIMBURSEMENT FOR DATA

BREACH COSTS (FEB 2023) ALTERNATE I (FEB 2023)

C.8 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.9 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ... 52

C.10 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (JUN 2023)

C.11 MANDATORY WRITTEN DISCLOSURES

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (MAR 2023)

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

1998)

E.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.8 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.9 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.)

(a). CONTRACT ADMINISTRATION: All contract administration matters will be handled by the following individuals:

(1). CONTRACTOR: ____________________________________

SAM UEI: ____________________________________

DUNS: ____________________________________

Tax Identification Number (TIN): ____________________________________

Contact person name: ____________________________________

Contact person email: ____________________________________ Contact person telephone: ____________________________________

(2). GOVERNMENT: DEPT. OF VETERANS AFFAIRS

Veterans’ Health Administration Network Contracting Office (NCO) 19

Greenwood Village, CO 80111

Contracting Officer: Yomika Brock yomika.brock@va.gov

Contract Specialist: Valaria Juarez Valaria.Juarez@va.gov

(b). 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

(c). INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Monthly, in arrears for services furnished during the previous month.

mailto:yomika.brock@va.gov mailto:Valaria.Juarez@va.gov

(d). GOVERNMENT INVOICE ADDRESS:

(1). All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

Financial Services Center http://www.fsc.va.gov/einvoice.asp Austin TX

(2). The contractor shall submit original invoices in proper electronic format to the

Financial Services Center (FSC) through the Tungsten System. Facsimile, e-mail, and scanned documents are not acceptable forms of submission for payment requests. Proper electronic format means an automated system transmitting information electronically according to the accepted electronic data transmission methods below:

(A). VA’s Electronic Invoice Presentment and Payment System – The FSC uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission. Please go to this website: http://www.tungsten-network.com/US/en/veterans-affairs/ to begin submitting electronic invoices, free of charge.

(B). Vendor e-Invoice Set-Up Information: Please contact Tungsten at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center for payment processing, free of charge. If you have question about the e-invoicing program or Tungsten, please contact the FSC at the phone number or email address listed below:

(i). Tungsten e-Invoice Setup Information: 1-877-489-6135 (ii). Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com (iii). FSC e-Invoice Contact Information: 1-877-353-9791 (iv). FSC e-invoice email: vafsccshd@va.gov

(e). REFERENCE NUMBERS: Please reference both the Contract number (to be assigned) and the Obligation Number (to be assigned) on all correspondence and invoices. If contract option years are exercised, new obligation numbers will be issued and identified on the contract modification document.

(f). AUTHORIZATIONS:

(1). The Contracting Officer (CO) named in Section (a) above is responsible for the overall administration of this contract. Only the CO has the authority to make changes which affect:

(A). Contract prices, (B). Quality, (C). Quantities, or (D). Delivery terms and conditions.

(2). Contracting Officer Representatives (COR) and Alternate Contracting Officer’s Representatives (Alt-COR) may be assigned to this contract. The COR and Alt-COR shall be provided specific written delegated authority by the CO, a copy of which will be provided to the Contractor.

http://www.fsc.va.gov/einvoice.asp http://www.tungsten-network.com/US/en/veterans-affairs/ http://www.tungsten-network.com/US/en/veterans-affairs/ mailto:VA.Registration@Tungsten-Network.com http://vafsccshd@va.gov

(g). CONTRACT TIME PERIOD:

(1). It is anticipated that the contract will be for a base period with four (4) option years, which will be exercised at the discretion of the Government. The estimated contract Base period of performance shall commence on or about April 1, 2024, and expire March 31, 2025.

B.2 PRICE/COST SCHEDULE

Estimated Quantities:

The quantities set forth in the line items and Performance Work Statement are approximate and represent the estimated requirements for the contract period. The Government will pay for the actual number of provided services that do not exceed the stated quantity. Additional quantities must be authorized by the Contracting Office prior to providing additional services.

Period of Performance: BASE YEAR: 04/01/2024 to 03/31/2025

LIN

No.

SLIN Description Qty. Unit Unit Cost Total Annual Cost

0001 None Hemodialysis 1:1 460 EA

0002 None Hemodialysis 2:1 658 EA

0003 None CRRT Cartridges 1,274 EA

0004 None CRRT Daily Therapy 319 EA

0005 None Wait Time 1,274 HR

0006 None Non-Routine Hours 159 HR

0007 None RN Consultation 36 EA

0008 None Hemodialysis cancellation 36 EA

0009 None Hemodialysis differential 37 EA

0010 None Blood Prod Admin 9 EA

0011 None CAPD 60 EA

Base Year Total

Period of Performance: OPTION YEAR 1: 04/01/2025 to 03/31/2026

SLIN Description Qty. Unit Unit Cost Total Annual Cost

1001 None Hemodialysis 1:1 460 EA

1002 None Hemodialysis 2:1 658 EA

1003 None CRRT Cartridges 1,274 EA

1004 None CRRT Daily Therapy 319 EA

1005 None Wait Time 1,274 HR

1006 None Non-Routine Hours 159 HR

1007 None RN Consultation 36 EA

1008 None Hemodialysis cancellation 36 EA

1009 None Hemodialysis differential 37 EA

1010 None Blood Prod Admin 9 EA

1011 None CAPD 60 EA

Option Year 1 Total

Period of Performance: OPTION YEAR 2: 04/01/2026 to 03/31/2027

SLIN Description Qty. Unit Unit Cost Total Annual Cost

2001 None Hemodialysis 1:1 460 EA

2002 None Hemodialysis 2:1 658 EA

2003 None CRRT Cartridges 1,274 EA

2004 None CRRT Daily Therapy 319 EA

2005 None Wait Time 1,274 HR

2006 None Non-Routine Hours 159 HR

2007 None RN Consultation 36 EA

2008 None Hemodialysis cancellation 36 EA

2009 None Hemodialysis differential 37 EA

2010 None Blood Prod Admin 9 EA

2011 None CAPD 60 EA

Option Year 2 Total

Period of Performance: OPTION YEAR 3: 04/01/2027 to 03/31/2028

SLIN Description Qty. Unit Unit Cost Total Annual Cost

3001 None Hemodialysis 1:1 460 EA

3002 None Hemodialysis 2:1 658 EA

3003 None CRRT Cartridges 1,274 EA

3004 None CRRT Daily Therapy 319 EA

3005 None Wait Time 1,274 HR

3006 None Non-Routine Hours 159 HR

3007 None RN Consultation 36 EA

3008 None Hemodialysis cancellation 36 EA

3009 None Hemodialysis differential 37 EA

3010 None Blood Prod Admin 9 EA

3011 None CAPD 60 EA

Option Year 3 Total

Period of Performance: OPTION YEAR 4: 04/01/2028 to 03/31/2029

SLIN Description Qty. Unit Unit Cost Total Annual Cost

4001 None Hemodialysis 1:1 460 EA

4002 None Hemodialysis 2:1 658 EA

4003 None CRRT Cartridges 1,274 EA

4004 None CRRT Daily Therapy 319 EA

4005 None Wait Time 1,274 HR

4006 None Non-Routine Hours 159 HR

4007 None RN Consultation 36 EA

4008 None Hemodialysis cancellation 36 EA

4009 None Hemodialysis differential 37 EA

4010 None Blood Prod Admin 9 EA

4011 None CAPD 60 EA

Option Year 4 Total

B.3 PERFORMANCE WORK STATEMENT

Onsite Hemodialysis Services

1. GENERAL:

1.1. Services Provided: The Contractor shall provide personnel and equipment to perform inpatient dialysis services including, but not limited to hemodialysis, Continuous Ambulatory Peritoneal Dialysis (CAPD), and Continuous Renal Replacement Therapy (CRRT) treatments, Continuous Veno-Venous Hemodialysis (CVVHD) treatments, Continuous Cyclical Peritoneal Dialysis (CCPD) treatments, and additional clinical treatments related to dialysis patients (CRRT line change, declotting of tunnel caths, etc.) for beneficiaries of the Department of Veterans Affairs (VA) and the Oklahoma City VA Health Care System.

1.2. Other necessary personnel for the operation of the services contracted for at the VA will be provided by the VA at levels mutually agreed upon which are compatible with the safety of the patient and personnel and with quality medical care programming.

1.3. The services to be performed by the contractor will be performed in accordance with VA policies and procedures and the regulations of the medical staff by laws of the VA facility.

1.4. Place of Performance – Oklahoma City VA Medical Center, 921 NE 13th Street, Oklahoma City, OK 73104.

1.5. Authority: Title 38 USC 8153, Sharing of Health-Care Resources (HCR) Authority, FAR Part 12 and 13, and VAAR 873.

1.6. Policy/Handbooks:

1.6.1. VHA Directive 0710 VHA Personnel Security and Suitability Program:

https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=8110

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

1.6.3. VHA Directive 1230 Outpatient Scheduling Processes and Procedures:

https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=9810

1.6.4. VHA Directive 1192.01 “Seasonal Influenza Prevention Program” https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=8948

1.6.5. VHA Directive 6300 Records Management

https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=8113

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

1.6.7. VHA Directive 1100.18 Reporting and Responding To State Licensing Boards https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=9174

1.6.8. VHA Directive 1100.20 Credentialing of Health Care Providers https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=9444

1.6.9. VHA Directive 1100.21 Privileging

https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=10179

1.6.10. VHA Handbook 1605.01 Privacy and Release of Information https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=11388 https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=8110 https://www.va.gov/vapubs/viewPublication.asp?Pub_ID=969&FType=2 https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=9810 https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=8948 https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=8113 https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=2135 https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=9174 https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=9444 https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=10179 https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=11388

1.6.11. VHA Handbook 1907.01 Health Information Management and Health Records:

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

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

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

1.7. 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.

1.7.1. AAMI: Association for the Advancement of Medical Instrumentation

1.7.2. BLS: Basic Life Support

1.7.3. CCNE: Commission on Collegiate Nursing Education

1.7.4. CDC: Centers for Disease Control and Prevention

1.7.5. CDR: Contract Discrepancy Report

1.7.6. CEU: Certified Education Unit

1.7.7. CME: Continuing Medical Education

1.7.8. CMS: Centers for Medicare and Medicaid Services

1.7.9. 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.

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

1.7.11. COS: Chief of Staff

1.7.12. CPARS: Contractor Performance Assessment Reporting System

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

1.7.14. 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.

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

1.7.16. HHS: Department of Health and Human Services

1.7.17. HIPAA: Health Insurance Portability and Accountability Act

1.7.18. HR: Human Resources

1.7.19. ISO: Information Security Officer

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

1.7.21. MOD: Medical Officer of the Day

https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=9235 http://www.justice.gov/oip/foia_updates/Vol_XVII_4/page2.htm

1.7.22. NLNAC: National League for Nursing Accrediting Commission.

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

1.7.24. OKC VAHCS: Oklahoma City Veterans Affairs Health Care System.

1.7.25. POP: Period of Performance

1.7.26. PWS: Performance Work Statement

1.7.27. QASP: Quality Assurance Surveillance Plan

1.7.28. Veterans Integrated Services Network (VISN): The regional oversight for the individual VA health care systems and medical centers.

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

1.7.30. 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.

1.7.31. 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 Oklahoma City VA Medical Center.

2. QUALIFICATIONS:

2.1. Staff/Facility

2.1.1. License - Contract provider(s) assigned by the Contractor to perform the services covered by this contract shall have a current/valid or unrestricted nurses license in any State, Territory, or Commonwealth of the United States or the District of Columbia. License must remain current when performing services under this contract.

2.1.2. Credentialing–Credentialing is to be done in accordance with the provisions of VHA Directive 1100.20. Contractor personnel must be able to pass the VAMC’s credentialing process. VetPro will be completed annually to meet VHA handbook requirements.

2.1.2.1. If a contract provider(s) is not credentialed or has credentials suspended or revoked, the Contractor shall furnish an acceptable substitute without any additional cost to the government.

2.1.3. Technical Proficiency - Contract provider (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.

2.1.4. Training (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 contract personnel as required by the VA.

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

2.1.5.1. TUBERCULOSIS TESTING: 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.

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

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

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

2.1.5.5. 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}.

2.1.5.6. OSHA REGULATION CONCERNING OCCUPATIONAL EXPOSURE TO

BLOODBORNE PATHOGENS: Contractor shall provide evidence of completing and passing generic self-study blood-borne pathogen training for all Contractor’s 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.

2.1.5.7. 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.

2.1.6. Citizenship related Requirements:

2.1.6.1. 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;

2.1.6.2. 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.

2.1.6.3. 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.

2.1.6.4. 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.

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

The certification shall be made as part of the offeror’s response to the RFQ using the subject attachment in Section D of the solicitation document.

2.1.7. 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.

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

2.1.7.2. 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 Direction: 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. Clinical/Professional direction 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.

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

2.3. Non-Personal Healthcare Services: The parties agree that the Contractor and all contract personnel 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 personnel shall not perform inherently governmental functions. This includes, but is not limited to, determination of agency policy, determination of Federal program priorities for budget requests, direction and control of government employees (outside a clinical context), selection or non-selection of individuals for Federal Government employment including the interviewing of individuals for employment, approval of position descriptions and performance standards for Federal employees, approving any contractual documents, approval of Federal licensing actions and inspections, and/or determination of budget policy, guidance, and strategy.

2.7. No Employee status: The Contractor shall be responsible for protecting Contract personnel furnishing services. To carry out this responsibility, the Contractor shall provide or certify that the following is provided for all their staff providing services under the resultant contract:

2.7.1. Workers’ compensation

2.7.2. Professional liability insurance

2.7.3. Health examinations

2.7.4. Income tax withholding, and

2.7.5. Social security payments.

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

2.9. Key Personnel:

2.9.1. During the first ninety (90) 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 Contracting Officer, in writing, within 5 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period of the contract, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

2.9.2. 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 Contracting Officer.

Proposed substitutes shall have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 5 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. For temporary substitutions where the key person will not be reporting to work for three (3) consecutive workdays or more, the Contractor shall provide a qualified replacement for the key person. This substitute shall have comparable qualifications to the key person.

2.9.4. 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.

2.10. The Contractor shall assign to this contract the following key personnel: Acute care nurses.

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

3. VA HOURS OF OPERATION/SCHEDULING:

3.1. Work Hours: The services covered by this contract shall be furnished 24/7, 365 days per year including holidays.

3.2. Business hours for the VAMC:

Administrative hours: Monday through Friday, 8:00 a.m. – 4:30 p.m.

3.3. National Holidays: Clinical Contractor shall perform work on federal holidays. The eleven (11) Federal holidays observed by VA are as follows:

(a) New Year’s Day

(b) Martin Luther King’s Day

(c) President’s Day

(d) Memorial Day

(e) Juneteenth

(f) Independence Day

(g) Labor Day

(h) Columbus Day

(i) Veteran’s Day

(j) Thanksgiving

(k) Christmas

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

4. CONTRACTOR RESPONSIBILITIES

4.1. The contractor will provide the dialysis system and registered nurses to perform the requirements of this contract as outlined below. Personnel assigned by the contractor to perform services covered by the contract shall hold a State Board of Nursing license.

The VAMC will provide the water treatments, the Contractor will provide needed labor, with continuous (7 days per week 24 hours per day) stand-by call coverage, supplies, and equipment for acute hemodialysis and peritoneal dialysis coverage at the Oklahoma City VA Medical Center, 921 NE 13th Street, Oklahoma City, OK.

4.2. The contractor shall provide inpatient dialysis including, but not limited to hemodialysis, Continuous Ambulatory Peritoneal Dialysis (CAPD), and Continuous Renal Replacement Therapy (CRRT) treatments, Continuous Veno-Venous Hemodialysis (CVVHD) treatments, Continuous Cyclical Peritoneal Dialysis (CCPD) treatments, and additional clinical treatments related to dialysis patients (CRRT line change, declotting of tunnel caths, etc.) for the Oklahoma City Veterans Administrations Medical Center’s (OKC VAMC) inpatients and outpatients (when clinically indicated) as required.

Operating hours will be 8:00 AM to 8:00 PM, Monday through Saturday. All treatments outside of these hours will be provided on a call back basis to include federal holidays.

The Contractor will make available enough licensed nurses trained in extracorporeal therapy, including acute dialysis treatments, necessary to provide scheduled and emergency dialysis services at the OKC VAMC seven days a week, 24 hours a day, 365 days a year.

4.3. The Contractor will provide appropriate contact information for emergent, immediate, and routine services provided to the OKC VAMC. Once notified, the provider will arrive on site at the VAMC and begin treatment within the following time frames (for non-scheduled services):

4.3.1. One (1) hour for emergent/immediate services.

4.3.2. Two (2) hours for routine services during normal business hours.

4.3.3. Six (6) hours for routine services outside of normal business hours.

4.3.4. The Contractor’s staff will notify the Clinical Liaison, Nurse Supervisor, or designee of their arrival at and departure from the location where the procedure is performed. Both parties shall agree upon the process by which notice shall be given to the provider. Contractor will have no more than 2 late arrivals per quarter.

4.4. Scheduled Dialysis Services shall be provided during normal business hours for each patient identified by the OKC VAMC.

4.5. A contractor’s employee(s) must be present at the VA and must actually perform the required services as specified in order for payment of service authorized.

4.6. The Contractor shall provide all equipment in good working order (current or latest model when applicable), testing and treated water, Red Sense (or VA approved equivalent) supplies, equipment, supplies, training for VA staff, and personnel necessary for performance of contract services. In addition, the Contractor shall provide all repairs, upkeep, servicing, maintenance, and preventative maintenance for all Contractor owned equipment pursuant to the manufacturers guidelines and applicable industry standards. All new equipment will first be checked in with Bio- Medical Service for an initial inspection before equipment can be used in the medical center. Test equipment does not have to be checked in with Bio-Medical Service, the Contractor will provide a copy of test equipment calibration to COR and Bio-Medical Service. The Contractor shall also properly clean and appropriately store all equipment associated with dialysis treatments immediately after each treatment and assist in maintaining the work area. The Contractor shall develop a cleaning maintenance schedule check-off and signature space for routine upkeep of equipment and perform preventive maintenance as necessary. These documents will be provided to the COR monthly.

4.7. The Contractor shall respond in writing within five (5) working days to any complaint received to Clinical Liaison, or COR via e-mail or delivered. Contractor’s response shall describe corrective action taken with dates of completion or action required with dates of completion, as applicable.

4.8. The Contractor shall submit an Incident Report electronically in Joint Patient Safety Reporting System to report adverse events, close calls, or sentinel events. The Contractor staff will also report any submission of Incident Reports to the Clinical Liaison or COR. If Contractor staff suspects an event may be considered sentinel, staff will inform the COR within one (1) hour.

4.9. The Contractor shall maintain documentation in a separate binder on the specific intervals when cultures are to be performed on dialysis equipment at the OKCVAHCS and the results of past cultures. A copy of such documentation shall always be kept in a separate binder on the OKCVAHCS dialysis unit and be readily available to the appropriate OKCVAHCS personnel. The Contractor shall provide a copy of any additions to this documentation on a monthly basis. Documentation related to waterlogs, equipment checks, culture results, AED/crash cart logs, chart audits, environment of care rounds, temperature logs, and quality control will be provided to the COR on a monthly basis.

4.10. If there is a claim in which Contractor staff must be removed from performing services at the OKCVAHCS due to concerns about patient care, the Contractor will perform an investigation to determine the circumstances and report their findings to the COR.

4.11. If at any time a contractor staff who has provided care at the OKCVAHCS is suspended or removed from the Contractor’s company due to concerns regarding patient care, the Contractor will alert the COR within 24 hours.

4.12. If it is deemed necessary by the Nephrology staff that the patient will require hemodialysis and the patient cannot undergo this at his outpatient treatment facility, then the physician may order this treatment be done in the inpatient dialysis unit by the contractor. The inpatient dialysis treatment contractor will perform this treatment in the treatment area. These procedures are limited to the hours of 8:00 AM to 8:00 PM Monday through Saturday. There will be no after hours, Sunday, or federal holiday outpatient procedures performed in the dialysis unit. The Nephrology physicians will be responsible for appropriate orders for the treatment and subsequent discharge from the unit. The billing amount for this service is at the inpatient dialysis rate. The Nephrology physician must authorize approval of this treatment. Every effort should be made to arrange for the dialysis treatment at the patient’s outpatient treatment facility. These procedures must be reported to the COR for documentation purposes.

4.13. The contractor will ensure that the water treatment system in place at the OKC VAMC that is utilized in the performance of this contract is maintained to meet the AAMI (Association for the Advancement of Medical Instrumentation) recommendations regarding water and dialysate fluid safety for hemodialysis. Any damage to the VA equipment or property as a result of contractor negligence or contractor equipment malfunction shall be made whole at the contractor’s expense.

4.14. On-going teaching program shall be offered patients to allow them to gain knowledge of the following:

4.14.1. A self-care concepts

4.14.2. Normal kidney structure and function

4.14.3. Causes of kidney failure

4.14.4. Effects of kidney failure on the body

4.14.5. Medication regimen

4.14.6. Dietary regimen

4.14.7. Circulatory access

4.14.8. Hemodialysis/continuous ambulatory peritoneal dialysis (CAPD) principles and procedures.

4.15. Required medications (antihypertensives, erythropoietin, antimicrobial agents, etc.) will be provided by the VA pharmacy upon submission of a prescription written by the Nephrologist.

4.16. A specific plan of care shall be designed for each patient based upon nursing diagnosis or clinical nursing problems, expected patient outcomes and nursing intervention. Any of the following nursing diagnosis experienced by the patient shall be addressed by the plan of care:

4.16.1. Impairment of skin integrity

4.16.2. Fluid volume excess

4.16.3. Alteration in cardiac output related to hyperkalemia

4.16.4. Alteration in cardiac output secondary to hyperkalemia

4.16.5. Alteration in cardiac output related to uremia or dialysis-associated pericarditis, pericardial effusion, and pericardial tamponade secondary to uremia and dialytic therapy

4.16.6. Activity intolerance related to uremia

4.16.7. Sexual dysfunction related to effects of uremia on endocrine system and/or psychosocial impact of renal failure and its treatment.

4.16.8. Alterations in comfort related to peripheral neuropathy caused by effects of uremia and peripheral nerves

4.16.9. Impaired gas exchange

4.16.10. Alterations in oral mucous membranes

4.16.11. Alterations in nutrition, less than body requirements

4.16.12. Impaired physical mobility

4.16.13. Anxiety

4.16.14. Powerlessness

4.16.15. Noncompliance

4.16.16. Grieving

4.16.17. Alterations in self-concept

4.17. Customer/patient satisfaction:

4.17.1. The Government may evaluate the quality of professional and administrative services provided, but retains no control over the medical, professional aspects of services rendered (e.g., professional judgments, diagnosis for specific medical treatment), in accordance with Federal Acquisition Regulation (FAR) 37.401(b).

4.17.2. All Veterans, family members, VA employees and other customers of the VAMC will be treated professionally and courteously. The contract provider(s) will cooperate with the VAMC to address and resolve validated customer service/patient complaints within 7 days.

4.18. The contractor shall offer support for the patient and family members in achieving and maintaining a lifestyle meaningful to them. Family members shall be advised on the patients’ nutritional needs, daily living needs, and other special needs.

4.19. MEDICAL RECORDS

4.19.1. Authorities: Contract personnel 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).

4.19.2. The contractor will provide documentation of care provided in the form of comprehensive typed records. Notes will be fully completed and inputted into the VA Computerized Patient Record System (CPRS) within 24 hours.

4.19.3. 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. Contractor shall ensure that all records pertaining to medical care and services are available for immediate transmission when requested by the VA. Records identified for review, audit, or evaluation by VA representatives and authorized federal and state officials, shall be accessed on-site during normal business hours or mailed by the Contractor at his expense.

Contractor shall deliver all final patient records, correspondence, and notes to the VA within twenty-one (21) calendar days after the contract expiration date.

4.19.4. Disclosure: Contract personnel may have access to patient medical records:

however, Contractor shall obtain permission from the VA before disclosing any patient information. Subject to applicable federal confidentiality or privacy laws, the Contractor, or their designated representatives, and designated representatives of federal regulatory agencies having jurisdiction over Contractor, may have access to VA‘s records, at VA’s place of business on request during normal business hours, to inspect and review and make copies of such records.

The VA will provide the Contractor with a copy of VHA Handbook 1907.01, Health Information management and Health Records and VHA Handbook 1605.01, Privacy and Release of Information. The penalties and liabilities for the unauthorized disclosure of VA patient information mandated by the statutes and regulations mentioned above, apply to the Contractor.

4.19.5. Professional Standards for Documenting Care: Care shall be appropriately documented in medical records in accordance with standard commercial practice http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=1469 http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=1469 http://www1.va.gov/vhapublications/viewpublication.asp?pub_id=1423 http://www1.va.gov/vhapublications/viewpublication.asp?pub_id=1423 and guidelines established by VHA Handbook 1907.01 Health Information Management and Health Records, and all guidelines provided by the VAMC.

4.19.6. Release of Information: The VA shall maintain control of releasing any patient medical information and will follow policies and standards as defined, but not limited to Privacy Act requirements. In the case of the VA authorizing the Contractor to release patient information, the Contractor in compliance with VA regulations, and at his/her own expense, shall use VA Form 3288, Request for and Consent to Release of Information from Individual’s Records, to process “Release of Information Requests.” In addition, the Contractor shall be responsible for locating and forwarding records not kept at their facility. The VA’s Release of Information Section shall provide the Contractor with assistance in completing forms. Additionally, the Contractor shall use VA Form 10-5345, Request for and Authorization to Release Medical Records or Health Information, when releasing records protected by 38 U.S.C. 7332. Treatment and release records shall include the patient’s consent form. Completed Release of Information requests will be forwarded to the VA Privacy Officer at (404) 456-3658, or at the following address:

921 NW 13th street Oklahoma City OK, 73104.

4.20. PERFORMANCE STANDARDS, QUALITY ASSURANCE (QA) AND QUALITY

IMPROVEMENT(QI)

4.20.1. Quality Assurance and Improvement

4.20.1.1 Surveillance and Monitoring:

4.20.1.1.1 The Contracting Officer’s Representative (COR) may gather records (e.g., surgical package). The COR shall receive a time and attendance report that lists each day of the month, the time the contract provider(s) spend at the VA facility and a brief description of activities.

4.20.1.1.2. In order to provide a systematic method of evaluating contractor performance a Quality Assurance Surveillance Plan (QASP) shall be utilized. The Government shall evaluate the contractor’s performance in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure the Contractor has performed in accordance with the performance standards. The plan defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable levels.

4.20.2. The COR may perform surveillance of services by:

4.20.2.1. Observing actual performance;

4.20.2.2. Checking time and attendance logs;

4.20.2.3. Reviewing minutes of meetings;

4.20.2.