Solicitation 36C26324Q0009 9-18-23.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

618-24-1-4005-0004

36C26324Q0009 09-18-2023

Angela Stewart 605-336-3230 x7804 09-26-2023 10:00am CDT

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

561320

$34 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

Registered Vascular Technologists to support the Minneapolis VA Health Care System

Period of Performance: 11/01/2023 to 10-31-2024

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

Offerors must have an active SAM.gov registration 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

618-3640160-4005-822200-2625-0100410T5 618-24-1-4005-0004

X X

X one

Angela Stewart

VA-VHA-RPOC-2022-19642

36C26324Q0009

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 (DEC 2022)

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

C.3 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.4 IT CONTRACT SECURITY

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 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) . 46

C.13 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (JUN 2023)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 WAGE DETERMINATION

D.2 QASP

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (MAR 2023)

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.3 52.216-1 TYPE OF CONTRACT (APR 1984)

E.4 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.5 VAAR 852.209-70 ORGANIZATIONAL CONFLICTS OF INTEREST (OCT 2020). 65

E.6 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.7 VAAR 852.273-70 LATE OFFERS (NOV 2021)

E.8 VAAR 852.273-74 AWARD WITHOUT EXCHANGES (NOV 2021)

E.9 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.10 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.11 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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 VA Technical Representative (VATR) 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-http://www.tungsten-network.com/us/en/veterans-affairs-us/ us/ for additional information for system registration, user guides, and help desk contacts.

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.

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.

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

B.2 PERFORMANCE WORK STATEMENT

Registered Vascular Technologists in Ultrasound

1. GENERAL:

Services Provided: The Contractor shall provide 2.0 FTEE Registered Vascular Technologists in Ultrasound (RVT) for a variety of shifts to provide services onsite in accordance with the specifications contained herein to beneficiaries of the Department of Veterans Affairs (VA) and the Minneapolis VA Health Care System (MVAHCS) Contractors. RVTs must-have at least two-year experience and be certif ied by the American Registry of Diagnostic Medical Sonography (ARDMS) https://www.ardms.org/

1.1. Place of Performance: Contractor shall furnish services at the Minneapolis VA Health Care System (MVAHCS).

1.2. Authority: Title 38 USC 8153, Health Care Resources (HCR) sharing Authority.

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

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

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

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

1.3.4. VHA Handbook 1100.18 Reporting and Responding To State Licensing Boards -http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=1364

1.3.5. VHA Handbook 1100.19 Credentialing and Privileging -

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

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

http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=2791

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

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

1.3.8. VHA Handbook 5005-54 – Office of Human Resources Management, Staffing Directive http://vaww.va.gov/ohrm/

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

ARDMS: American Registry for Diagnostic Medical Sonography CDC: Centers for Disease Control and Prevention CEU: Certif ied Education Unit https://www.ardms.org/ http://www1.va.gov/vapubs/viewPublication.asp?Pub_ID=347 https://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=1443 http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=2135 http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=1364 http://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=2910 http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=2791 http://www.justice.gov/oip/foia_updates/Vol_XVII_4/page2.htm http://vaww.va.gov/ohrm/

CME: Continuing Medical Education Contracting Officer (CO): The person executing this contract on behalf of the

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

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

COS: Chief of Staff CPARS: Contractor Performance Assessment Reporting System CPRS: Computerized Patient Recordkeeping System- electronic health record system used by the VA.

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

DEA: Drug Enforcement Agency

DRT: Diagnostic Radiological Technologist FSMB: Federation of State Medical Boards HHS: Department of Health and Human Services HIPAA: Health Insurance Portability and Accountability Act

ISO: Information Security Officer MIT: Medical Instrument Technologist POP: Period of Performance

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

RVT: Registered Vascular Technologist Ultrasound QA/QI: Quality Assurance/Quality Improvement

QM/PI: Quality Management/Performance Improvement QASP: Quality Assurance Surveillance Plan

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 centers).

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

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

VISTA (Veterans Integrated Systems Technology Architecture): A PC based system that will capture and store clinical imagery, scanned documents and other non-textual data files and integrates them into patient’s medical record and the hospital information system.

VETPro: a federal web-based credentialling program for healthcare providers

1.5. MVAHCS Minneapolis Health Care system Unless identif ied with the name of a different VA Medical Center, for purposes of this contract, this term shall mean the Minneapolis VA Medical Center.

2. QUALIFICATIONS:

2.1. Staff/Facility

2.1.1. Certif ications: RVTs assigned by the contractor to perform the services covered by this contract must be: Register Vascular Technologists (RVTs) by American Registry of Diagnostic Medical Sonography (ARDMS) All certif ications held by the personnel working on this contract shall be full and unrestricted. RVTs will not be considered for this contracted service if their certif ication has ever been restricted, suspended, revoked, voluntarily revoked, voluntarily surrendered, pending action, or denied upon application.

2.1.2. Credentialing and Privileging: Credentialing and privileging is to be done in accordance with the provisions of VHA Handbook 1100.19 referenced above. The Contractor is responsible to ensure that proposed RVTs possess the requisite credentials enabling the granting of privileges. No services shall be provided by any contracted RVT prior to obtaining approval by the Minneapolis VA Health Care System Professional Standards Board, Medical Executive Board and Medical Center Director

2.1.2.1. If a contracted RVT has credentials/privileges suspended or revoked during contracted performance, the Contractor shall furnish an acceptable substitute immediately within 24 hours without any additional cost to the government.

2.1.3. Technical Proficiency: The contracted RVTs shall be technically proficient in the skills necessary to fulf ill the requirements identif ied in the GS 5-8 function statement for a General RVT and the ability to speak, understand, read, and write English fluently. Contractor shall provide documents upon request of the CO and 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 verif iable evidence of all educational and training experiences including any gaps in educational history for all Contracted RVTs shall be responsible for abiding by the Facility's Medical Staff By-Laws, rules, and regulations (referenced herein) that govern medical staff behavior.

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

Contractor shall provide the COR copies of current CME’s as required or requested by the MVAHCS. The contracted RVTs certifications meet the minimum standards for CME to remain current. These documents are required for both privileging and re-privileging. Failure to provide shall result in loss of privileges for contracted RVT.

2.1.5. Training (CPR and VA MANDATORY): Contractor shall meet all VA educational requirements and mandatory course requirements defined herein; all training must be completed by the Contracted RVTs as required by the VA prior to VA Orientation date.

Training Frequency Annual Hours

CPR/Basic Life Support by American Heart Association

ACLS preferred but not required.

Biennial

4.0 hours

CPRS One-Time

4.0 hours

Security Rules of Behavior Annual 1-hour TMS course after favorable adjudication of background-check

HIPPA/Privacy Annual 1-hour TMS course after favorable adjudication of background-check

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

2.1.6.1. Tuberculosis Testing: Contractor shall provide proof of a negative PPD testing for all Contracted RVTs. A negative chest radiographic report for active tuberculosis shall be provided in cases of positive PPD results.

2.1.6.2. Rubella Testing: Contractor shall provide proof of immunization for all contract RVTs for measles, mumps, rubella, or a rubella titer of 1.8 or greater. If the titer is less than 1.8, a rubella immunization shall be administered with follow-up documentation to the COR.

2.1.6.3. Influenza: Contractors shall provide proof of influenza vaccine for current year’s flu season to the COR, per DHA-IPM-17-005 effective August 3, 2017.

2.1.7. OSHA Regulation Concerning Occupational Exposure To:

2.1.7.1. Bloodborne Pathogens: Contractor shall provide evidence of completing and passing generic self-study blood-borne pathogen training for all Contracted RVTs at no cost to the VA if they elect to receive it; maintain an exposure determination and control plan; maintain required records;

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

The MVAHCS 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.

2.1.8. Conflict of Interest: Contractor and all Contracted RVTs are responsible for identifying and communicating to the CO and COR conflicts of interest at the time of quote submission and during the entirety of contract performance. At the time of quote submission, 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 conflicts of interest relating to the services to be provided.

The Contractor shall also provide statements containing the same information for any identif ied consultants or subcontractors who shall provide services. The Contractor must also provide relevant facts that show how it’s organizational and/or management system or other actions would avoid or mitigate any actual or potential organizational conflicts of interest. These statements shall be in response to the VAAR provision 852.209-70 Organizational Conflicts of Interest (Jan 2008) and fully outlined in response to the subject attachment in Section D of the solicitation document.

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

2.1.9.1. While performing services for the Department of Veterans Affairs, the Contractor shall not knowingly employ, contract, or subcontract with an illegal alien; foreign national non- immigrant who is in violation of their status, because 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.

2.1.9.2. If the Contractor fails to comply with any requirements outlined in the preceding paragraphs or its Agency regulations, the Department of Veterans Affairs may, at its discretion, require that the foreign national who failed to maintain their legal status in the United States or otherwise failed to comply with the requirements of the laws administered by http://www.cdc.gov/hicpac/pdf/InfectControl98.pdf

Homeland Security, Immigration and Customs Enforcement and the U.S Department of Labor, shall be prohibited from working at the Contracted 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

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

1001.

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

2.1.10. 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.

2.1.10.1. Therefore, Contractor shall review the HHS OIG List of Excluded Individuals/Entities on the HHS OIG web site at http://oig.hhs.gov/exclusions/index.asp to ensure that the proposed contracted RVTs 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.

2.1.10.2. 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 firm is not listed as of the date the offer/bid was signed.

2.2. Clinical/Professional Performance: The qualif ications of Contractor personnel are subject to review by VA Medical Center COS or his/her clinical designee and approval by the Medical Center Director as provided in VHA Handbook 1100.19 and VHA Directive 1100.20.

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

Clinical/Professional performance monitoring and review of all clinical personnel covered by this contract for quality purposes will be provided by the MVAHCS COS and/or the Chief of the Service or his designee. A clinical COR may be appointed, however, only the CO is authorized to consider any contract modification request and/or make changes to the contract during the administration of the resultant contract.

2.3. Non-Personal Healthcare Services: The parties agree that the Contractor and all contracted RVTs 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) Unless by special modification to the contract.

2.6. Inherent Government Functions: Contractor and Contracted RVTs 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 Contracted RVTs 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:

i. Workers’ compensation

ii. Professional liability insurance

iii. Health examinations

iv. Income tax withholding, and

v. Social security payments.

2.8. Tort Liability: The Federal Tort Claims Act does not cover Contractor or contracted RVTs. When a contractor or contractor’s RVT(s) has been identif ied as a provider in a tort claim, the Contractor shall be responsible for notifying their legal counsel and/or insurance carrier. Any settlement or judgment arising from a Contractor’s (or contractor’s RVT(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 (FTEE) for the services required is 2080 hours for one year is defined as 1.0 FTEE.

2.9.2. The minimum number of contracted RVTs with ARDMS certif ication is 2.0 FTEs They are required to be on site daily as defined in the paragraph Hours of Operation section.

2.9.3. The Contractor shall be responsible for providing coverage to the VA during periods of vacancies of the Contracted personnel due to sick leave, personal leave, vacations, and additional coverage as required. In the event a scheduled contracted RVT is unable to complete an assigned shift, the contractor shall notify the Contracting Office Representative (COR) and Imaging Section at the Minneapolis VA Health Care System immediately of the schedule change and how they plan to cover the shift. Contractor shall insure same day shift changes shall be covered within 1 hour of notif ication of contractor staff’s inability to complete shift.

2.9.4. Personnel Substitutions: During the first ninety (90) calendar days of performance, the Contractor shall make NO substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the CO, in writing, within 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 qualif ications to those of the persons being replaced. The CO will notify the Contractor within 15 calendar days after receipt of all required information of the decision on the proposed substitutes. The contract will be modified to reflect any approved changes of key personnel.

2.9.4.2. 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 qualif ications 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 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 Chief of Staff or designee show documented clinical problems or continual unprofessional behavior/actions with any Contracted RVTs, s/he may request, without cause, immediate replacement of said Contracted RVTs. The CO and COR shall deal with issues raised concerning Contracted RVTs conduct. The final arbiter on questions of acceptability is the CO.

2.9.5. Contingency Plan: Because continuity of care is an essential part of MVAHCS medical services, The Contractor shall have a contingency plan in place to be utilized if the Contracted RVTs leaves the Contracted employment or is unable to continue performance in accordance with the terms and conditions of the resulting contract hours of operation.

3. HOURS OF OPERATION

3.1. MVVHCS Business Hours: 24 hours a day, 7 days a week

3.2. Work Schedule may include the following shifts:

3.2.1. Evening shift – 3:30pm to midnight, Monday through Friday

3.2.2. Weekend day shift – 7:00am to 7:00pm Saturday and Sunday

3.2.3. Weekend night shift – 7:00pm to 7:00am Friday, Saturday, and Sunday

3.3. Call Schedule (Nights/Weekends): Tracked and rotated among all RVT ’s staff including contractors. (Example: On- Call one weeknight a week and one weekend a month).

3.3.1. Weeknight Call: Starts at 5:00 PM and ends at 7:30 AM the next morning.

3.3.2. Weekend Call: Starts Friday at 5:00 PM and ends Monday at 730 AM.

3.4. If the contractor comes on-site (MVAHCS) to perform services while on call, that time will be paid the regular hourly rate.

3.5. Contracted RVTs must respond to page and be onsite at the MVAHCS within 60 minutes of page. This is critical for patient care.

3.6. Holiday Coverage – Tracked and rotated among all RVT staff including contractors.

3.7. Shifts –Half hour lunches are unpaid. Staff ing practices are subject to change due to staff availability and changes in patient volume.

3.7.1. If contracted RVTs are in the middle of a procedure and their shift ends, it is expected the Contracted RVTs will complete the procedure and be paid at the overtime rate. All other Overtime shall be pre-approved by COR to ensure proper obligations are met prior.

3.7.2. Patients must be seen by Contracted RVTs on-site at Minneapolis VA in a timely manner in accordance with VA Rules and Regulations on clinic wait times and consult completion. Contractor shall notify the COR at least monthly about any obstacles to meeting this performance measure.

3.7.3. Contracted RVTs shall be available and present in clinic during normal Minneapolis VA clinic hours. Minneapolis Health Care schedule which will be established, and may be revised, as deemed appropriate for patient care by the

COS.

3.7.4. Off-hours Coverage: Contracted RVTs are required to be available on-call during all RVTs hours in accordance with the shift schedule when the MVAHCS clinic is closed, including evenings, weekends, and holidays.

3.8. Federal Holidays: The following holidays are observed by the Department of Veterans Affairs: The VA does not pay Contractors for Federal Holidays. If contractor works on a Federal Holiday, they will be paid the regular contracted rate.

• New Year’s Day

• Martin Luther King Jr’s Birthday

• President’s Day

• Memorial Day

• Juneteenth

• Independence Day

• Labor Day

• Columbus Day

• Veterans Day

• Thanksgiving

• Christmas

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

3.8.1. Unless a state of emergency has been declared or clinics are otherwise cancelled by the MVAHCS, the Contractor shall be responsible for providing services.

4. CONTRACTOR RESPONSIBILITIES

4.1. Clinical Personnel Required: The Contractor shall provide Contracted RVTs who are competent and qualif ied per this performance work statement and adequately trained to perform assigned duties.

4.1.1. Contracted RVTs shall be responsible for signing in and out when in attendance.

All timecards must be signed by Contracted RVTs and supervisor of the area that they are assigned. Time sheets will be used by the COR to confirm hours/days and services provided against the Contracted invoices.

4.1.2. Work will be monitored daily to ensure the minimum expectation is met.

4.2. Standards of Care: The Contracted RVTs will perform general radiology procedures as would be provided in a state-of-the-art civilian medical treatment facility and the standard of care shall be of a quality, meeting or exceeding the current recognized national standards as established by:

4.2.1. American Registry of Diagnostic Medical Ultrasound. https://www.ardms.org/

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

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

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

4.2.5. VHA Handbook 5005-54 – Office of Human Resources Management, Staffing Directive http://vaww.va.gov/ohrm/

4.2.6. The requirements contained in this PWS.

4.4. MEDICAL RECORDS

4.2.7. Authorities: Contracted RVTs 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 (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).

4.2.8. 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. Treatment and administrative patient 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 (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 provided to VA patients are captured in the VA electronic health record system as required by VA policy as discussed in 4.2.12.

4.2.9. Disclosure: Contracted RVTs 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 https://www.ardms.org/ https://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=1443 http://www.jointcommission.org/standards_information/hap_requirements.aspx http://www.hpoe.org/resources?show=100&type=8 http://vaww.va.gov/ohrm/

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 1907.1, Health Information management and Health Records and VHA Handbook 1605.1, Privacy and Release of Information. The penalties and liabilities for the unauthorized disclosure of VA patient information mandated by the statutes and regulations mentioned above, apply to the Contractor.

4.2.10. Professional Standards for Documenting Care: Care shall be appropriately documented in medical records in accordance with standard commercial practice and guidelines established by VHA Handbook 1907.01 Health Information Management and Health Records:

http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=2791 and all guidelines provided by the VAHCS.

4.2.11. 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.” Contractor shall ensure that all records pertaining to medical care and services are available for immediate transmission when requested by the VA. Records identif ied 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 f inal patient records, correspondence, and notes to the VA within twenty-one (21) calendar days after the contract expiration date.

In addition, the Contractor shall be responsible for locating and forwarding records not kept at their facility. The VA’s Release of Information Section shall provide the Contractor with assistance in completing forms. Additionally, the Contractor shall use VA Form 10-5345, Request for and Authorization to Release Medical Records or Health Information, when releasing records protected by 38 U.S.C. 7332. Treatment and release records shall include the patient’s consent form. Completed Release of Information requests will be forwarded to the VA Privacy Officer at the following address: Jon Power, MVAHCS One Veterans Drive, Minneapolis, MN 55417 612- 725-2000 ext. 3373, jon.power@va.gov

4.2.12. Direct Patient Care: Estimated 95% of the time involved in direct patient care.

4.2.12.1. Scope of Care: Ultrasound RVTs perform of ultrasound examinations, including general body (abdomen, renal, thyroid, scrotal), gyn and a wide variety of vascular exams (aorta, carotid, upper and lower DVT, and arterial to include grafts, stents and AVF’s). Performs ABI/Segmental exams. Performs portable exams when necessary.

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=1469 http://www1.va.gov/vhapublications/viewpublication.asp?pub_id=1423 http://www1.va.gov/vhapublications/viewpublication.asp?pub_id=1423 http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=2791 http://www4.va.gov/vaforms/va/pdf/VA3288.pdf http://www4.va.gov/vaforms/va/pdf/VA3288.pdf http://www4.va.gov/vaforms/va/pdf/VA3288.pdf http://www4.va.gov/vaforms/medical/pdf/vha-10-5345-fill.pdf http://www4.va.gov/vaforms/medical/pdf/vha-10-5345-fill.pdf http://www4.va.gov/vaforms/medical/pdf/vha-10-5345-fill.pdf mailto:jon.power@va.gov

4.2.12.2. Provides necessary paperwork to the radiologist for f inal interpretation.

Alerts radiologist of critical f indings. Provides consistent cleaning of rooms and equipment, stocking of supplies and reports any equipment issues to supervisor or other staff.

4.2.12.3. Maintains records of patients, exams performed, etc. Receives and identif ies patients, explains procedure, assists movement of patients to and from wheelchairs or litters. Assists with instruction of students in the clinical setting.

4.2.12.4. Complete variety of complex physiological and Ultrasound procedures ordered by and/or in collaboration with Radiologist Fellow without direct supervision.

4.2.12.5. Must be alert and recognize changes in patient’s condition, including emergencies, which may necessitate immediate intervention.

4.2.12.6. Observe the patient’s condition, making notation of pertinent information, vital signs and other clinical information in accordance with the established practices and in response to physician demand or changes in the patient’s condition.

4.2.12.7. Recognizes serious patient abnormalities and individualizes each procedure to the needs of the situation to produce reliable results.

4.2.12.8. Determines the critical isocenter value necessary for accurate exams.

4.2.12.9. Confers with Radiologists to establish imaging protocols of non-standard examinations and determine technical factors

4.2.12.10. Performs proper calibrations on ultrasound equipment

4.2.12.11. May be required to perform exams in the OR.

4.2.12.11.1. Procedure and presence in surgery requires comprehensive knowledge of sterile technique and adheres to VA Handbook/Policy, VHA Directive 2006-041.

4.2.12.11.2. Observe special precautions for critical care and the operating room areas relating to their specialized equipment.

4.2.12.11.3. Operate Ultrasound equipment

4.2.12.11.4. Makes multiple simultaneous changes in settings and adjustments in operation of equipment during an exam to ensure accurate results.

4.2.12.11.5. Recognize electrical hazards and other outside factors which affect the technical accuracy and quality of the procedure.

4.2.12.11.6. Clean equipment, maintain, prepare, and calibrate.

4.2.12.11.7. Manages workload flow.

4.2.12.11.8. Coordination and communication between Imaging unit, patient and MVAHCS to promote teamwork and cooperative efforts to smoothly work together.

4.2.12.11.9. Clinic Responsibilities: Contracted RVTs shall be present on time scheduled Clinic/Procedure start times as documented by physical presence in the clinic at the scheduled start time.

4.2.12.11.10. Staff Meetings: The Contracted RVTs shall attend staff meetings as required by the VAMC Chief of Service, Chief of Staff, or designee.

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

4.2.12.11.11. QA/QI documentation: The Contracted RVTs shall complete the appropriate records for patient examinations

4.2.12.11.12. Specialized CPRS Documentation Procedures: Patient documentation is completed using the Computerized Patient Record System (CPRS).and PACs

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

4.2.12.11.14. Customer Service: Contracted RVTs shall refer all patient/customer service issues to the Imaging Manager of the area they work in.

4.2.13. Registration with Contractor Performance Assessment Reporting System

4.2.13.1. As prescribed in Federal Acquisition Regulation (FAR) Part 42.15, the Department of Veterans Affairs (VA) evaluates Contractor past performance on all contracts that exceed $150,000 and shares those evaluations with other Federal Government contract specialists and procurement officials. The FAR requires that the Contractor be provided an opportunity to comment on past performance evaluations prior to each report closing. To fulfill this requirement VA uses an online database, CPARS, which is maintained by the Naval Seal Logistics Center in Portsmouth, New Hampshire. CPARS has connectivity with the Past Performance Information Retrieval System (PPIRS) database, which is available to all Federal agencies. PPIRS is the system used to collect and retrieve performance assessment reports used in source selection determinations and completed CPARS report cards transferred to PPIRS.

CPARS also includes access to the federal awardee performance and integrity information system (FAPIIS). FAPIIS is a web-enabled application accessed via CPARS for Contractor responsibility determination information.

4.2.13.2. Each Contractor whose contract award is estimated to exceed $150,000 requires a CPARS evaluation. A government Focal Point will register your contract within thirty days after contract award and, at that time, you will receive an email message with a User ID (to be used when reviewing evaluations). Additional information regarding the evaluation process can be found at www.cpars.gov or if you have any questions, you may contact the Customer Support Desk @ DSN: 684-1690 or COMM: 207-438-1690.

4.2.13.3. For contracts with a period of one year or less, the contracting officer will perform a single evaluation when the contract is complete. For contracts exceeding one year, the contracting officer will evaluate the Contracted performance annually. Interim reports will be filed each year until the last year of the contract, when the final report will be completed. The report shall be assigned in CPARS to the Contracted designated representative for comment. The Contractor representative will have sixty (60) days to submit any comments and re-assign the report to the CO.

4.2.13.4. Failure for the Contracted representative to respond to the evaluation within those sixty (60) days, will result in the Government’s evaluation being placed on file in the database with a statement that the Contractor failed to respond; the Contracted representative will be “locked out” of the evaluation and may no longer send comments.

5. GOVERNMENT RESPONSIBILITIES

5.1. Contract Administration/Performance Monitoring: After award of contract, all inquiries and correspondence relative to the administration of the contract shall be addressed to:

the CO and the COR.

5.1.1. CO RESPONSIBILITIES:

5.1.1.1. The Contracting Officer is the only person authorized to approve changes or modify any of the requirements of this contract. The Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer is authorized to make commitments or issue any modification to include (but not limited

to) terms affecting price, quantity, or quality of performance of this contract.

5.1.1.2. The Contracting Officer shall resolve complaints concerning Contractor relations with the Government employees or patients. The Contracting Officer is the final authority on validating complaints. In the event the Contractor effects any such change at the direction of any person other http://www.cpars.gov/ than the Contracting Officer without authority, no adjustment shall be made in the contract price to cover an increase in costs incurred as a result thereof.

5.1.1.3. In the event that contracted services do not meet quality and/or safety expectations, the best remedy will be implemented, to include but not limited to a targeted and time…