S02 Solicitation 36C26324Q0014.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

618-24-2-4002-0004

36C26324Q0014 01-10-2024

Angela Stewart 605-336-3230 x7804 01-17-2024 10:00am CST

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

2501 W. 22nd St.

Sioux Falls SD 57105 Angela Stewart angela.stewart438@va.gov

X 100

X

621111

$16 Million

N/A

X

Minneapolis VA Health Care System One Veterans Drive

Minneapolis MN 55417

NETWORK 23 CONTRACTING OFFICE

2501 W. 22nd St.

Sioux Falls SD 57105

Financial Services Center via the Tungsten Network reference VAAR 852.232-72

See CONTINUATION Page

Anesthesiologist physician services to support the Minneapolis VA Health Care System

Period of performance: 03/31/2024 to 03/30/2025

This solicitation will result in a firm fixed priced contract. This a FAR 13 procurement.

Offerors must have an active SAM.gov registration and be a verified SDVOSB upon submission of a quote and award.

This procurement is a total SDVOSB set-aside. Offerors must complete and return section C.8 below or the offer will be considered incomplete and not eligible for award.

See CONTINUATION Page

618-3640160-4002-820200-2581-010041152 618-24-2-4002-0004

X X

X one

Angela Stewart

VA-VHA-RPOC-2022-19642

36C26324Q0014

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 PERFORMANCE WORK STATEMENT

B.3 PRICE/COST SCHEDULE

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2023)

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

C.3 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

C.4 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.5 VAAR 852.211-76 LIQUIDATED DAMAGES - REIMBURSEMENT FOR DATA

BREACH COSTS (FEB 2023)

C.6 VAAR 852.211-76 LIQUIDATED DAMAGES – REIMBURSEMENT FOR DATA

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

C.7 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)

(DEVIATION)

C.8 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

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

2018)

C.10 VAAR 852.237-72 CRIME CONTROL ACT—REPORTING OF CHILD ABUSE

(OCT 2019)

C.11 VAAR 852.237-74 NON-DISCRIMINATION IN SERVICE DELIVERY (OCT 2019)

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

C.13 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) . 55

C.14 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.15 IT CONTRACT SECURITY

C.16 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.17 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (DEC 2023)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (SEP 2023)

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.4 52.216-1 TYPE OF CONTRACT (APR 1984)

E.5 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.6 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

(OCT 2018)

E.7 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.8 VAAR 852.273-70 LATE OFFERS (NOV 2021)

E.9 VAAR 852.273-74 AWARD WITHOUT EXCHANGES (NOV 2021)

E.10 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FEB 1998)

E.11 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.12 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. CONTRACT ADMINISTRATION. All contract administration matters will be handled by the following individuals:

a) Contractor Information

Company Name and Address:

SAM Unique Entity ID Number:

Contact Person(s) Name:

Contact Person(s) Email:

Contact Person(s) Telephone:

b) Government Information

Angela Stewart Contracting Officer Department of Veterans Affairs Network Contracting Office 23 (NCO 23) 2501 W. 22nd Street Sioux Falls, South Dakota 57105

2. CONTRACT REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with FAR 52.232-33, Payment by Electronic Funds Transfer – System for Award Management, and VAAR 852.232-72, Electronic Submission of Payment Requests.

3. INVOICES: Invoices shall be submitted in arrears. Submission will be quarterly for the previous quarter of the period of performance and no later than 15 calendar days after the close of the period of performance being invoiced for. Invoices shall be based on the applicable fixed rates for services provided to VA as in accordance with the contract terms and conditions. The COR will review all invoices submitted. Invoices shall by submitted for only those services received and deemed acceptable by VA.

4. GOVERNMENT INVOICE ADDRESS: All invoices shall be submitted by the contractor via the Tungsten Network (previously OB10) electronic invoicing system. Refer to the Tungsten Network website at http://www.tungsten-network.com/us/en/veterans-affairs-us/ for additional information for system registration, user guides, and help desk contacts.

http://www.tungsten-network.com/us/en/veterans-affairs-us/ http://www.tungsten-network.com/us/en/veterans-affairs-us/

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

Amendment Date

6. Government Employee Ownership: The Contractor shall indicate if it is owned or controlled by a Government employee (check if applicable).

________ Yes, the offering firm is owned or controlled by a Government employee.

7. Security Requirements: The Contractor shall comply with all VA privacy and security requirements, including Handbook 6500.6. The VATR shall coordinate with the Contractor to ensure such requirements are met. This requirement is applicable to all subcontractor personnel requiring access.

The Contractor shall ensure its personnel complete the following training:

TMS 10176 Infosec/ROB

TMS 10203 HIPAA

8. Documenting Performance: The VA may document contract performance. Any report may become a part of the supporting documentation for any contractual action and preparing annual past performance using the Contractor Performance Assessment Reporting System (CPARS) at https://www.cpars.gov. In the event the CO issues a Contract Deficiency Report (CDR), the Contractor shall acknowledge receipt of the CDR in writing within one (1) business day of receipt and provide a response with a corrective action plan to the CDR within one (1) week of receipt.

https://www.cpars.gov/

Revision 05/10/2023 Page 6 of 101

B.2 PERFORMANCE WORK STATEMENT

Onsite Anesthesiology Physician Services

1. GENERAL:

1.1. Services Provided: The Contractor shall provide Board Certif ied Anesthesiology Physician

Services on site in accordance with the specifications contained herein to benef iciaries of the Department of Veterans Af fairs (VA) and Minneapolis VA Health Care System.

1.1.1. Scope of Services: The contractor will provide one (1) Board-Certified Anesthesiologist for up to 2,080 on-site hours plus call coverage. Anesthesiologist shall provide direct patient care for the full range of anesthesiology services for operative procedures including: pre-procedure assessment with review of patient’s electronic medical record and focused physical exam; administration of anesthetic agents; insertion of invasive hemodynamic monitoring catheters with ultrasound guidance; management of dif f icult airways using alternative intubating devices and advanced techniques in both emergent and non-emergent situations; administration of multi-modal pre-emptive analgesics; placement of nerve blocks, including interscalene blocks for post-operative pain control; intra-procedure monitoring and management; and post-procedure follow-up as appropriate for both inpatients and outpatients. Anesthesiologists may personally administer anesthesia or may medically direct CRNAs or anesthesiology residents in the administration of anesthesia.

1.2. Place of Performance: Contractor shall furnish services at the Minneapolis VA Health Care System, One Veterans Drive, Minneapolis, MN 55417.

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

1.4. Policy/Directives/Handbooks. The contractor shall be subject to the following policies, including any subsequent updates during the period of performance. The policies listed below can be accessed electronically at the following: VA Publications VHA Publications

1.4.1. VA Directive 1663: Health Care Resources (HCR) Contracting – Buying Title 38 U.S.C.

1.4.2. VHA Directive 1003.04: VHA Patient Advocacy

1.4.3. VHA Directive 1065: Productivity and Staf f ing Guidance for Specialty Provider Group Practice

1.4.4. VHA Directive 1088(1): Communicating Test Results to Providers and Patients

1.4.5. VHA Directive 1100.18: Reporting and Responding to State Licensing Boards

1.4.6. VHA Directive 1100.20: Credentialing of Health Care Providers

1.4.7. VHA Directive 1100.21: Privileging

1.4.8. VHA Directive 1192.01: Seasonal Inf luenza Vaccination Program for VHA Health Care Personnel

1.4.9. VHA Directive 1220(1): Facility Procedure Complexity Designation Requirements to Perform Invasive Procedures in Any Clinical Setting

1.4.10. VHA Directive 1605.01: Privacy and Release of Information

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

1.4.12. VHA Handbook 1100.17: National Practitioner Data Bank (NPDB) Reports https://www.va.gov/vapubs/ https://www.va.gov/vhapublications/index.cfm

Revision 05/10/2023 Page 7 of 101

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

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

1.5. Acronyms/Definitions: 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 conf lict in language between the Definitions and other sections of this contract, the language in this section shall govern.

1.5.1. ABA: American Board of Anesthesiology http://www.theaba.org/

1.5.2. ACGME: Accreditation Council for Graduate Medical Education

1.5.3. ACLS: Advanced Cardiac Life Support

1.5.4. ASA: American Society of Anesthesiologists

1.5.5. BLS: Basic Life Support

1.5.6. CDC: Centers for Disease Control and Prevention

1.5.7. CEU: Certif ied Education Unit

1.5.8. Clinical Privileging: Clinical 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-specif ic and provider-specif ic, and within available resources.

1.5.9. CME: Continuing Medical Education

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

1.5.11. COR: Contracting Of f icer’s Representative: A person appointed by the CO to take necessary action to ensure the Contractor performs in accordance with and adheres to the specifications contained in the contract and to protect the interest of the Government.

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

1.5.12. COS: Chief of Staf f

1.5.13. CPARS: Contractor Performance Assessment Reporting System

1.5.14. Credentialing: Credentialing is the process of obtaining, verifying, and assessing the qualif ications of a health care provider to provide care of services in or for the VA health care system. Credentials are documented evidence of licensure, education, training, experience or other qualif ications.

1.5.15. CDR: Contract Report

1.5.16. DEA: Drug Enforcement Agency

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

1.5.18. FTE: Full Time Equivalent. VA’s standard definition is for full time working the equivalent of 80 hours every two weeks, 2080 hours per year. However, providers may propose using their standard FTE def inition.

1.5.19. HHS: Department of Health and Human Services

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

Revision 05/10/2023 Page 8 of 101

1.5.20. HIPAA: Health Insurance Portability and Accountability Act

1.5.21. Key Personnel: The individuals specif ied in this contract who are essential to work performance.

1.5.22. NPI: National Provider Identif ier: NPI is a standard, unique 10-digit numeric identif ier required by HIPAA. The Veterans Health Administration must use NPIs in all HIPAA-standard electronic transactions for individual (health care practitioners) and organizational entities (medical centers).

1.5.23. NPPES: National Plan and Provider Enumeration System

1.5.24. POP: Period of Performance

1.5.25. PPD: Purif ied Protein Derivative

1.5.26. PWS: Performance Work Statement

1.5.27. QA/QI: Quality Assurance/Quality Improvement

1.5.28. QASP: Quality Assurance Surveillance Plan

1.5.29. QM/PI: Quality Management/Performance Improvement

1.5.30. VetPro: is VHA’s mandatory credentialing sof tware platform to document the credentialing of VHA health care providers. This system facilitates completiong of a uniform, accurate, and complete credentials f ile.

1.5.31. VHA: Veterans Health Administration

1.5.32. VISN: Veterans Integrated Services Network

1.5.33. VistA: Veterans Information Systems Technology Architecture

2. QUALIFICATIONS:

2.1. Staf f /Facility

2.1.1. License: 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.

All licenses held by the key 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 Certif ication: Key Personnel shall be Board Certif ied Anesthesiologists by the American Board of Anesthesiology (ABA), and be currently certified in Basic Life Support (BLS) Advanced Cardiac Life Support (ACLS) or equivalency. All continuing education courses required for maintaining certif ication 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. Experience – Anesthesiologist must have a minimum of two years recent experience providing anesthesiology services in a hospital operating room setting and must have recent cardiothoracic experience.

2.1.4. Credentialing and Privileging: Credentialing and privileging is to be done in accordance with the provisions of VHA Directive 1100.20 and VHA Directive 1100.21 referenced above. The

Revision 05/10/2023 Page 9 of 101

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 Facility Medical Executive Board and Medical Center Director.

2.1.4.1. If a Contractor’s physician(s) and/or other contract provider(s) are not credentialed and privileged or has credentials/privileges suspended or revoked, the Contractor shall furnish an acceptable substitute without any additional cost to the government.

2.1.5. Technical Proficiency: Contractor’s physician(s) shall be technically prof icient in the skills necessary to fulf ill the government’s requirements, including the ability to speak, understand, read and write English f luently. 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 Staf f By-Laws, rules, and regulations (referenced herein) that govern medical staf f behavior.

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

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

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

Training Frequency Annual Hours ACLS/BLS Every 24 months 4 hours

CPRS Once 4 hours

Mandatory Training for Transitory, Part-time and Intermittent Clinical Staff (20152) Once a Year 1 hour

VA Privacy and Information Security Awareness and Rules of Behavior (10176) Once a Year 1 hour

Additional training may be required per VHA or Medical Center directives Unknown Unknown

2.1.8. STANDARD INFECTION CONTROL MEASURES (PPD, IMMUNIZATIONS, ETC.):

Contractor shall provide proof of the following for physicians within f ive (5) calendar days af ter contract award and prior to the first duty shif t to the COR and Contracting Of f icer.

Tests shall be current within the past year.

2.1.8.1. 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) upon hire in accordance with CDC guidance. (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.

Revision 05/10/2023 Page 10 of 101

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

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

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

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

2.1.8.6. COVID-19: Contractors shall comply with VHA Supplemental Contract Requirements for Combatting COVID-19.

2.1.8.7. OSHA REGULATION CONCERNING OCCUPATIONAL EXPOSURE TO

BLOODBORNE PATHOGENS: Contractor shall provide evidence of completing and passing generic self -study blood-borne pathogen training for all Contractor’s physician(s) {This is applicable to all health care workers}; provide their own Hepatitis B vaccination series and hepatitis B surface antigen test results following the hepatitis B vaccination series; maintain an exposure determination and control plan; maintain required records; and ensure that proper follow-up evaluation is provided following an exposure incident.

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

2.1.9. National Provider Identif ier (NPI): NPI is a standard, unique 10-digit numeric identif ier 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 facilities). 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 Of f icer with the proposal.

2.1.10. Conf lict of Interest: The Contractor and all Contractor’s physician(s) are responsible for identifying and communicating to the CO and COR conf licts 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 (f inancial, contractual, organizational, or otherwise) or actual or potential organizational conf licts 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 conf licts of interest. These statements shall be in response to the VAAR provision 852.209-70 Organizational Conflicts of Interest and fully outlined in response to the subject attachment in Section D of the solicitation document.

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

Revision 05/10/2023 Page 11 of 101

2.1.11. Citizenship related Requirements:

2.1.11.1. The Contractor certif ies 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 Af fairs patient referrals;

2.1.11.2. 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.

2.1.11.3. If the Contractor fails to comply with any requirements outlined in the preceding paragraphs or its Agency regulations, the Department of Veterans Af fairs 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 Af fairs; and shall form the basis for termination of this contract for breach.

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

2.1.11.5. The Contractor agrees to obtain a similar certif ication f rom its subcontractors. The certif ication shall be made as part of the of ferors response to the RFP using the subject attachment in Section D of the solicitation document.

2.1.12. Annual Of fice 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) Of f ice 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.

2.1.12.1. 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 Contractor’s physician(s) are not listed. Contractor should note that any excluded individual or entity that submits a claim for reimbursement to a Federal health care program, or causes such a claim to be submitted, may be subject to a Civil Monetary Penalty (CMP) for each item or service furnished during a period that the person was excluded and may also be subject to treble damages for the amount claimed for each item or service. CMP’s may also be imposed against the Contractor that employ or enter into contracts with excluded individuals to provide items or services to Federal program benef iciaries.

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

Revision 05/10/2023 Page 12 of 101

2.1.12.2. By submitting their proposal, the Contractor certif ies that the HHS OIG List of Excluded Individuals/Entities has been reviewed and that the Contractors are and/or f irm is not listed as of the date the of fer/bid was signed.

2.2. Clinical/Professional Performance: The qualif ications of Contractor personnel are subject to review by VA Medical Facility COS or his/her clinical designee and approval by the Medical Center Director as provided in VHA Directive 1100.20 and VHA Directive 1100.21.

Clinical/Professional performance monitoring and review of all clinical personnel covered by this contract for quality purposes will be provided by the facility 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 modif ication 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. Indemnif ication: 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 f rom 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 f rom 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 staf f 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 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 f rom 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 VA Full Time Equivalency (FTE) for the services required is (1.0) FTE or 2,080 hours. Of fsite Call Coverage (carrying pager) is 624 hours. Holiday Call coverage (carrying pager) is 472 hours. Onsite Call Back coverage is 336 hours.

Revision 05/10/2023 Page 13 of 101

2.9.2. The minimum number of Board Certified Anesthesiologists. Anesthesiology physicians required to be on site on a daily basis is one (1) to be on site at the same time as defined in paragraph Hours of Operation in this section.

2.9.3. 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) immediately of the schedule change.

2.9.4. Personnel Substitutions: During the f irst 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 (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 (15) calendar days prior to making any permanent substitutions.

2.9.4.1. 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 modif ied to ref lect any approved changes of key personnel.

2.9.4.2. 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 qualif ied 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.

2.9.4.3. The Government reserves the right to refuse acceptance of any Contractor personnel at any time af ter 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, thef t, patient abuse, dereliction or negligence in performing directed tasks, or other conduct resulting in formal complaints by patient or other staf f 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 f inal arbiter on questions of acceptability is the CO.

2.9.4.4. Contingency Plan: Because continuity of care is an essential part of the Facility’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.

3. VA HOURS OF OPERATION/SCHEDULING

3.1. VA Business Hours: The Minneapolis VA Medical Center is open 24 hours per day 7 days a week, 365 days per year. The services covered by this contract shall be furnished by the contractor as def ined in the work schedule below. The contractor shall also be required to

Revision 05/10/2023 Page 14 of 101 furnish on-call coverage and provide emergency services on Federal Holidays, evenings and weekends.

Work Schedule: Anesthesiologist shall provide services to Minneapolis VAHCS an estimated 80 hours every two weeks with the exception of weeks with Federal Holidays. The schedule and tour of duty is defined by the Clinical Service Chief and may vary based on the nature of the workload, needs of the service, and patient care requirements. Work schedules will be provided by the Anesthesia Surgery Program Support Assistant a minimum of thirty (30) calendar days f rom beginning of the next month.

3.1.1. Patients must be seen by a Key Personnel on-site at the facility in a timely manner in accordance with VA Rules and Regulations. Contractor shall notify the COR at least monthly about any obstacles to meeting this performance measure.

3.1.2. Contractor’s physician(s) shall be available and physically present in the Minneapolis VAHCS during assigned tour of duty hours. Tour of duty is established, and may be revised, as deemed appropriate for patient care by the Chief of Staf f .

3.1.3. Tour of Duty: The normal Anesthesia Department tour of duty for weekdays, Monday through Friday, with the exception of Federal Holidays, is as follows:

• Start time is 6:30 a.m. – End time is 3:00 p.m. (8-hr. duty): or

• Start time is 6:30 a.m. – End time is 5:00 p.m. (10-hr. duty)

• Could be variable based on late start cases (See 3.1.7)

3.1.4. All daily tours will include a 30-minute non-paid lunch break.

3.1.5. Depending on the surgery schedule and needs of the anesthesia section, the start time may vary between 6:30a.m. – 12:00 noon. Late start cases will require the contract personnel to remain on-site until case completion. Schedule will be communicated daily.

3.1.6. All daily work schedule tours will not end until all patient care has been completed.

3.1.7. Call Coverage Tour: On-call hours are estimated not to exceed one call per week. Current on-call hours are:

• Weekday Call: Monday – Friday coverage is 7:00 p.m. – 7:00 a.m. next day

• Weekend Call: starts Saturday at 7:00 a.m. and goes to 7:00 a.m. on Monday

• Holiday Call: coverage is f rom 7:00 a.m. – 7:00 a.m. next day

3.1.8. The contract physician may not work at another facility during VA tour of duty or on-call.

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

3.1.8.2. On-call providers must be available within 15 minutes by phone and on-site, within 60 minutes.

3.1.8.3. When the Anesthesiologist is on-call, the Anesthesiologist will have the next weekday of f .

3.1.8.4. Concurrent call is not acceptable.

3.2. The day following call is considered a post-call or of f day. This is a non-paid day.

3.3. Federal Holidays: The following holidays are observed by the Department of Veterans Af fairs:

• New Year’s Day

• President’s Day

Revision 05/10/2023 Page 15 of 101

• Martin Luther King’s Birthday

• Memorial Day

• Juneteenth

• Independence Day

• Labor Day

• Columbus Day

• Veterans Day

• Thanksgiving

• Christmas

• Any day specif ically declared to be a national holiday.

3.4. Cancellations: Unless a state of emergency has been declared, the Contractor shall be responsible for providing services unless Contractor’s provider is excused per the procedure list above.

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 Anesthesiology 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:

4.2.1. American Society of Anesthesiology (ASA) Guidelines:

https://www.asahq.org/standards-and-guidelines

4.2.2. The professional standards of the Joint Commission (TJC):

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

4.2.3. The standards of the American Hospital Association (AHA):

http://www.hpoe.org/resources?show=100&type=8 and;

4.2.4. The requirements contained in this PWS

4.3 EDUCATION AND SUPERVISION OF HEALTH PROFESSIONS TRAINEES (HPTS): N/A

4.4. MEDICAL RECORDS

4.4.1. 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 5 U.S.C.552a (Privacy Act), 38 U.S.C. 5701 (Confidentiality of claimants records), 5 U.S.C.

552 (FOIA), 38 U.S.C. 5705 (Conf identiality 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).

https://www.asahq.org/standards-and-guidelines http://www.jointcommission.org/standards_information/standards.aspx http://www.hpoe.org/resources?show=100&type=8

Revision 05/10/2023 Page 16 of 101

4.4.2. 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 of VA patients. Based on this exception, a BAA is not required for this contract. Health records generated by this contract or provided to the Contractors by the VA are covered by the VA Privacy Act system of records entitled ‘Patient Medical Records-VA’ (24VA10A7). 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 provided to VA patients are captured in the VA electronic health record system as required by VA policy as discussed in 4.4.4.

4.4.3. Disclosure: Contractor’s physician(s) may have access to patient medical records for the purpose of providing medical care and services to VA patients and performing services under the contract; however, Contractor shall obtain permission f rom the VA before disclosing any patient information outside VA. VA authorizes the Contractor to discuss patient health information for coordination of care with community health care providers in compliance with VA regulations, HIPAA and VHA Directive 1605.01, Privacy and Release of Information. The VA will provide the Contractor with a copy of VHA Directive 1907.01, Health Information Management and Health Records and VHA Directive 1605.1, Privacy and Release of Information. The penalties and liabilities for the unauthorized disclosure of VA patient information mandated by the statutes and regulations mentioned above, apply to the Contractor.

4.4.4. Professional Standards for Documenting Care: Care shall be appropriately documented in medical records in accordance with standard commercial practice and guidelines established by VHA Directive 1907.01 Health Information Management and Health Recordsand all guidelines provided by the facility.

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

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

4.5. Direct Patient Care: estimated 98% of the time involved in direct patient care. Per the qualif ication section of this PWS, the contractor shall provide 1.0 FTE Board Certif ied Anesthesiologist.

4.5.1. Scope of Care: Key Personnel (as appropriate and within scope of practice/privileging) shall be responsible for providing Anesthesiology care. Contract Anesthesiologist shall be responsible for providing anesthesiology care at the MVAHCS in operating rooms and procedure rooms. On average, the MVAHCS has thirteen (13) operating rooms and two -three out of OR procedure rooms (GI, Cardiac Cath Lab and Interventional Radiology), that are staffed daily for surgical and procedure cases. The average annual case load consists of approximately 6085 cases performed in operating room surgical suites and approximately 700 procedures requiring anesthesia support in procedure room in the Medical Center.

All small cases, lumps, bumps, biopsies, etc. are conducted in clinics. All cases conducted in anesthetizing locations required anesthesia attendance. The Medical Center conducts numerous cardiac cases, large vascular cases (aneurysms) and extensive cancer surgeries with over 66% of cases classif ied as major surgery. The predominate age of surgical

Revision 05/10/2023 Page 17 of 101 patients is 65 – 75 years and the average America Society for Anesthesiologist (ASA) physical classif ication status is 3 – 5.

4.5.1.1. Clinic and Surgical Care: Key Personnel shall provide clinical Anesthesiology services. Key Personnel shall be present on time for any scheduled clinics/surgeries as documented by physical presence in the clinic or operating room at the scheduled start time.

4.5.1.1.1. Operative Services: Key Personnel shall provide comprehensive clinical anesthesiology services including patients undergoing cardiac surgery, orthopedic joint replacement, and major vascular, thoracic, neurosurgical, plastic, ENT, urologic and ophthalmologic operations.

4.5.1.1.2. Key Personnel shall provide clinical care of patients undergoing electroconvulsive therapy and diagnostic and therapeutic procedures in the cardiac catheterization laboratory, electrophysiology, gastrointestinal and radiological suites.

4.5.1.1.3. Key Personnel shall provide primary coverage for all patients in the surgical intensive care, short stay unit, acute and chronic pain management services, diagnostic trans esophageal echocardiography for medical and surgical patients, and emergency airway management.

4.5.1.1.4. Key Personnel shall provide consultative services at the patient’s bedside if the patient is not ambulatory and in the clinic setting if the patient is able to report to the outpatient clinic.

4.5.1.2. Medications: Key Personnel shall follow all established medication policies and procedures. No sample medications shall be provided to patients.

4.5.1.3. Discharge education: Key Personnel shall provide discharge education and follow up instructions that are coordinated with the next care setting for all Anesthesiology clinical or surgical patients.

4.5.1.4. Communication of Test Results: Mechanisms must be in-place to provide notif ication of test results for patients receiving care in accordance with VHA Directive 1088, Communicating Test Results to Providers and Patients.

4.5.2. ADMINISTRATIVE: estimated 2% of time not involved in direct patient care.

Contract Anesthesiologist shall participate in appropriate conferences and meetings related to anesthesiology and patient care as requested and deemed appropriate by the MVAHCS Chief of Staff, Surgery Specialty Care Service Line Director or the Anesthesiology Chief of Service or Designee. Contract physician may participate in in the Focus Peer Review Program and shall assist in maintaining QA procedures for anesthesia services and ensure compliance with service performance monitors. Administrative duties include:

4.5.2.1. Quality Improvement Meetings: The Key Personnel shall participate in continuous quality improvement activities and meetings with committee participation as required by the VA facility Chief of Service, Chief of Staf f , or designee.

Meeting Frequency Annual Hours

Department Quality Ad Hoc

10 – 12

4.5.2.2. Staf f Meetings: The Key Personnel shall attend staff meetings as required by the VA facility Chief of Service, Chief of Staff, or designee. Contractor to communicate with

Revision 05/10/2023 Page 18 of 101

COR on this requirement and report any conflicts that may interfere with compliance with this requirement.

Meeting Frequency Annual Hours

Staf f Meetings Weekly, every Wednesday @ 7:15am – 8:15am

Estimated @ 42

4.5.2.3. QA/QI documentation: The Key Personnel shall complete the appropriate QM/PI documentation pertaining to all procedures, complications and outcome of examinations.

4.6. Patient Safety Compliance and Reporting: Key Personnel shall follow all established patient safety and infection control standards of care. Key Personnel shall make every effort to prevent medication errors, falls, and patient injury caused by acts of commission or omission in the delivery of care. All events related to patient injury, medication errors, and other breeches of patient safety shall be documented in the medical record of those impacted and disclosed to the patient or surrogate. As soon as practicable (but within 24 hours) Contractors shall notify COR of incident and submit an entry in the VA Patient Safety Reporting System, following up with COR as required or requested.

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

IMPROVEMENT(QI)

4.7.1. Quality Management/Quality…