Sources Sought - 36C24526R0009_1.pdf

Sources Sought Notice

*= Required Field Sources Sought Notice

SUBJECT* Radiation Oncology Physician Services - Baltimore VA Medical Center, VA Maryland Health Care System (VAMHCS)

GENERAL INFORMATION

CONTRACTING OFFICE’S ZIP CODE* 21090

SOLICITATION NUMBER* 36C24526R0009

RESPONSE DATE/TIME/ZONE 01-16-2026 1000 EASTERN TIME, NEW YORK,

USA

ARCHIVE 5 DAYS AFTER THE RESPONSE DATE

RECOVERY ACT FUNDS N

SET-ASIDE

PRODUCT SERVICE CODE* Q522

NAICS CODE* 621111

CONTRACTING OFFICE ADDRESS Department of Veterans Affairs

VAMC

NCO 5 CONTRACTING OFFICE (19 ACQ)

849 International Drive, Suite 275 Linthicum MD 21090

POINT OF CONTACT*

Paschal L. Dawson, Contracting Officer NCO Contracting Office (19 ACQ) 849 International Drive, Suite 275 Linthicum, MD 21090

PLACE OF PERFORMANCE

ADDRESS Department of Veterans Affairs

VAMC

Radiation Oncology Services

10 N Greene St

Baltimore MD

POSTAL CODE 21201

COUNTRY USA

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

DESCRIPTION

THIS IS NOT A SOLICITATION. THIS IS A SOURCES SOUGHT NOTICE ONLY and is issued in accordance with Federal Acquisition Regulation (FAR) 10 Market Research, to conduct market research. Responses to this notice are not offers and cannot be accepted by the Government to form a binding contract. This Sources Sought Notice is issued solely for information and planning purposes and does not constitute a solicitation or guarantee to issue a solicitation in the future. This Sources Sought Notice does not commit the Government to contract for any supply or service. All information submitted in response to this announcement is voluntary; the Government will not pay for information requested nor will it compensate any respondent for any cost incurred in developing information provided to the Government. Not responding to this Sources Sought Notice does not preclude participation in any future solicitation, if issued. This announcement is based on the best information available currently and is subject to future modification.

Purpose and Objectives

Baltimore VA Medical Center (VAMC), VA Maryland Health Care System (VAMHCS), located at 10 Greene Street, Baltimore, Maryland, requires a contractor to provide an onsite Board-Certified Radiation Oncology Physician (0.25 up to 1.0 FTEE annually) to provide services in accordance with the Performance Work Statement (PWS). The Government intends to award an Indefinite Delivery, Indefinite Quantity (IDIQ) contract with a base year plus four (4) one-year options. The four (4) one-year options will be exercised at the Government’s discretion.

This Sources Sought Notice is being issued by the Veterans Health Administration (VHA), Network Contracting Office (NCO) 5 located in Linthicum, Maryland as part of market research for planning purposes.

A draft copy of the Performance Work Statement (PWS) is attached.

The applicable NAICS Code is 621111 – Offices of Physicians (Except Mental Health Specialists) Size Standard - $16 Million Product Service Code is Q522 – Medical – Radiology

Responses:

Please submit your response in accordance with the following instructions:

a) Responses are due by 01/16/2025 at 10:00 AM EST.

b) Responses shall be submitted via email to paschal.dawson@va.gov

a. Subject line of the email shall include this Sources Sought Notice Number – Radiation Oncology Physician Services – Firm Name mailto:paschal.dawson@va.gov

b. Complete sections C-K

c. Submit this document with any relevant attachments

c) Contractor Point of Contact to include:

a. Name:

b. Title:

c. Phone:

d. Email:

d) Company Information to include:

a. Name:

b. Address:

c. SAM UEI or DUNS Number:

d. Tax ID Number:

e. Business Size:

e) Business Size/Type: Service-Disabled Veteran Owned Small Business (SDVOSB), Veteran Owned Small Business (VOSB), 8(a), Hub Zone Small Business, Women Owned Small Business (WOSB), Small Disadvantaged Business (SDB), Small Business, or Large Business.

a. All prospective Contractors are reminded that in accordance with FAR 4.11 they shall be registered in the System for Award Management (SAM) database and shall complete annual Representations and Certifications in SAM prior to any offer. SAM is located at http://www.sam.gov and consolidated the capabilities of CCR/FedReg, ORCA, and EPLS. There is no cost to use SAM.

b. FOR SDVOSB/VOSB ONLY: Please note that if responding as an SDVOSB or VOSB, your company must be registered and certified in the VetCert database, which is available at: Veteran Small Business Certification (sba.gov)

c. Please include a copy of your VetCert Certification with your response.

f) Contractors Federal Supply Schedule Contract that carries the desired services.

a. If you do not have a Federal Supply Schedule contract, you shall state “open market.”

b. Provide the Schedule.

c. Provide your GSA/FSS/SAC Contract Number.

http://www.sam.gov/ https://veterans.certify.sba.gov/

d. Provide the SIN(s) for reference Professional and Allied Healthcare Staffing Services.

e. If any of the items are not on your GSA/FSS contract, you will mark which items are open market.

g) Contractor shall provide 3 past contracts for the same or similar services:

Company 1 Company 2 Company 3

Name of Company:

Company POC:

Company POC phone:

Company POC email

Dollar amount of contract:

Contract number:

Period of Performance:

h) Contractor shall respond to the following questions as part of the requirements in the PWS:

Y N (check yes or no)

a. ☐☐ Contractor’s Onsite Radiation Oncology Physician certified by the American Board of Radiology (ABR)?

i. ☐☐ Radiation Oncologist has at least five (5) years of documented post-residency experience and at least three (3) years of continue work experience within the last five (5) years?

ii. ☐☐ Radiation Oncologist has Five (5) years of experience working with Varian Linear Accelerators: Edge or its equivalent)?

iii. ☐☐ Five (5) years of experience – post-residency experience with consultation, CT simulations, treatment planning and follow-up?

iv. ☐☐ Five (5) years of experience -Image Guided Radiation Therapy (IGRT) including Cone Beam CT (following standards of TG-142)?

v. ☐☐ Five (5) years of experience - Eclipse treatment planning system;

and ARIA record & verify system, including the following treatment modalities: 2D/3D Conformal, SRS, SRT, SBRT, and IMRT/VMAT (following standards of TG-53)?

vi. ☐☐ Three (3) years of experience – Siemens SOMATOM go.Open Pro CT Simulator (or equivalent) and following standards of TG-66?

vii. ☐☐ Three (3) years of experience (preferred)- VA CPRS Computerized Patient Record System electronic medical record?

viii. ☐☐ National Provider Identifier (NPI): The standard, unique 10-digit numeric identifier required by HIPAA?

b. ☐☐ Possess personnel with direct, active experience with Apex or ACR accreditation as mandated by VHA NROP?

c. ☐☐ Possess the ability to provide a replacement contract provider within two

(2) hours in the event a scheduled contract provider is unable to complete an assigned shift?

d. ☐☐ If awarded a future contract, do you plan to utilize a Sub-Contractor? If so, please provide the following information.

a. Company Name:

b. Address:

c. POC Email:

d. DUNs Number or SAMS UEI:

e. Business Size:

f. Describe work to be completed by the Sub-Contractor:

g. Describe work to be completed by Contractor:

e. ☐☐ Does the Sub-Contractor have all the appropriate licensure and accreditation mentioned above?

f. ☐☐ Have you ever received a Stop Work Order, Cure Notice, Show Cause Letter, Marginal or Unsatisfactory CPARS, Contract Discrepancy Report, other analogous letter or a termination for cause.

i. If yes, please provide the following information.

1. Contract number (or identifying information):

2. The place of performance:

3. POC email:

4. A summary of the performance issues and ultimate resolution.

i) If required to subcontract, attach plan to outline how firm plans to meet the

Limitations of Subcontracting if a set-a-side.

j) Contractor(s) shall provide a letter from the Sub-Contractor that demonstrates that the Sub-Contractor agrees to perform radiation oncology physician services not performed by the Contractor, to include those services that the Contractor is not certified to provide for itself.

k) Contractor(s) shall include any relevant comments for any attachments, if applicable.

**Please note: FAILURE TO SUBMIT ANY OF THE ITEMS REQUESTED ABOVE MAY AFFECT

THE GOVERNMENT’S DETERMINATION ABOUT WHETHER THE REQUIREMENTS FOR A

SET-ASIDE PROCUREMENT HAVE BEEN MET.

Performance Work Statement

On-Site Radiation Oncology Physician Services

1. GENERAL:

1.1. Services Provided: The Contractor shall provide Board Certified Radiation Oncology Physician Services on site in accordance with the specifications contained herein to beneficiaries of the Department of Veterans Affairs (VA). A contractor providing onsite Radiation Oncology services shall provide services that meet or exceed the Guidelines & Technical Standards for Radiation Oncology promulgated by the American Society for Radiation Oncology/Accreditation Program for Excellence ®.

1.2. Place of Performance - Contractor shall furnish services at the Baltimore VAMC, 10 N. Greene Street, Baltimore, Maryland 21201

1.3. Authority: VA Directive 1663 and Title 38 U.S.C 8153 Sharing of Healthcare Resources in combination with FAR Part 12 and FAR Part 15.

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

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

1.4.2. 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

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

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

1.4.5. - VHA Handbook 1100.19 Credentialing and Privileging -http://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=2910

1.4.6. - VHA Handbook 1400.01 Resident Supervision http://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=2847

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

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

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

1.5.1. ABR: American Board of Radiology

1.5.2. ACGME: Accreditation Council for Graduate Medical Education

1.5.3. AOD: Admitting Officer of the Day

1.5.4. ASTRO/APeX: American Society for Radiation Oncology/Accreditation Program for Excellence ®

1.5.5. CDC: Centers for Disease Control and Prevention

1.5.6. CDR: Contract Discrepancy Report

http://www1.va.gov/vapubs/viewPublication.asp?Pub_ID=347 http://www4.va.gov/vaforms/medical/pdf/vha-10-5345-fill.pdf?pub_ID=1443 http://www.jointcommission.org/standards_information/hap_requirements.aspx?pub_ID=2135 http://oig.hhs.gov/exclusions/index.asp?pub_ID=1364 http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=2910 http://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=2847 http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=2791 http://www.rms.oit.va.gov/SOR_Records/24VA19.asp

1.5.7. CEU: Certified Education Unit

1.5.8. CME: Continuing Medical Education

1.5.9. CMS: Centers for Medicare and Medicaid Services

1.5.10. Contracting Officer (CO) – The person executing this contract on behalf of the Government with the authority to enter into and administer contracts and make related determinations and findings.

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

1.5.12. COS: Chief of Staff

1.5.13. CPARS: Contractor Performance Assessment Reporting System

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

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

1.5.16. DEA: Drug Enforcement Agency

1.5.17. FSMB: Federation of State Medical Boards

1.5.18. HHS: Department of Health and Human Services

1.5.19. HIPAA: Health Insurance Portability and Accountability Act

1.5.20. HR: Human Resources

1.5.21. ISO: Information Security Officer

1.5.22. MOD: Medical Officer of the Day

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

1.5.24. NPPES: National Plan and Provider Enumeration System

1.5.25. POP: Period of Performance

1.5.26. PPD: Purified Protein Derivative

1.5.27. PWS: Performance Work Statement

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

1.5.29. QASP: Quality Assurance Surveillance Plan

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

1.5.31. Veterans Integrated Services Network (VISN): The regional oversight for the VA medical centers in VISN 5

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

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

1.5.34. Veterans Affairs Medical Center (VAMC): Unless identified with the name of a different VA medical Center, for purposes of this contract, this term shall mean the VAMHCS, Baltimore VA Medical Center.

2. QUALIFICATIONS:

2.1. Staff/Facility

2.1.1. License - Contract 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. (SPECIAL NOTE: For procurements that require a Drug Enforcement Agency (DEA) registration, contract providers must have a medical license and be individually registered with the DEA in the state where they will provide services under the contract). All licenses held by the personnel working on this contract shall be full and unrestricted licenses. Contract physician(s) who have current, full and unrestricted licenses in one or more states, but who have, or ever had, a license restricted, suspended, revoked, voluntarily revoked, voluntarily surrendered pending action or denied upon application will not be considered for the purposes of this contract.

2.1.2. Board Certification - All contract physician(s) shall be board certified. All continuing education courses required for maintaining certification must be kept up to date at all times.

Documentation verifying current certification shall be provided by the Contractor to the VA COR on an annual basis for each year of contract performance.

2.1.2.1. Contractor’s Board-Certified Radiation Oncology Physician: The Contractor shall provide American Board of Radiology (ABR) certified physicians in the area of Radiation Oncology and contract physicians shall maintain certification throughout the period of performance. In the event, that Contractors Radiation Oncology Physician(s)is/are not directly employed by the Contractor’s treating facility, documentation must be provided to ensure adequate certification.

2.1.3. Experience - Must have at least five (5) years of documented post-residency experience and at least three (3) years of continuous work experience within the last five (5) years to ensure the radiation oncologist’s experience is current and relevant. Radiation Oncologist must be ABR certified.

2.1.3.1. Five (5) years of experience – post residency experience with consultations, CT simulations, treatment planning and follow-up.

2.1.3.2. Five (5) years of experience - Varian Linear Accelerators: Edge (or equivalent).

2.1.3.3. Five (5) years of experience -Image Guided Radiation Therapy (IGRT) including Cone Beam CT (following standards of TG-142).

2.1.3.4. Five (5) years of experience - Eclipse treatment planning system; and ARIA record & verify system, including the following treatment modalities: 2D/3D Conformal, SRS, SRT, SBRT, and IMRT/VMAT (following standards of TG-53).

2.1.3.5. Three (3) years of experience – Siemens SOMATOM go.Open Pro CT Simulator (or equivalent) and following standards of TG-66.

2.1.3.6. Three (3) years of experience (preferred)- VA CPRS Computerized Patient Record System electronic medical record.

2.1.4. Credentialing and Privileging –Credentialing and privileging is to be done in accordance with the provisions of VHA Handbook 1100.19 referenced above. The Contractor is responsible to ensure that proposed physician(s) possesses the requisite credentials enabling the granting of privileges. No services shall be provided by any contract physician(s) prior to obtaining approval by the Baltimore VAMC Professional Standards Board, Medical Executive Board and Medical Center Director.

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

2.1.5. Technical Proficiency - Contract physician(s) shall be technically proficient in the skills necessary to fulfill the government’s requirements, including the ability to speak, understand, read and write English fluently. This must be confirmed by the Contractor.

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’s physicians shall have knowledge of professional care theories, principles, practices, and procedures to serve radiation oncology patient population. Contractor’s physician and other contract provider (s) shall demonstrate knowledge of growth and development, and pathophysiology of disease processes specific radiation oncology patient population. Contractor physicians shall provide verifiable evidence of all educational and training experiences including any gaps in educational history for all contract physician(s) and contract physician (s) shall be responsible for abiding by the Facility's Medical Staff By-Laws, rules, and regulations (referenced herein) that govern medical staff behavior.

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

Contractor shall provide the COR copies of current CMEs as required or requested by the VAMC. Contract 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 contract physician(s).

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

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

2.1.8.1. TUBERCULOSIS TESTING: Contractor shall provide proof of a negative reaction to PPD testing for all contractor physician (s). A negative chest radiographic report for active tuberculosis shall be provided in cases of positive PPD results. The PPD test shall be repeated annually.

2.1.8.2. RUBELLA TESTING: Contractor physicians provide proof of immunization for all contract physician (s) for measles, mumps, rubella or a rubella titer of 1.8 or greater.

If the titer is less than 1.8, a rubella immunization shall be administered with follow-up documentation to the COR.

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

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

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

2.1.8.6. OSHA REGULATION CONCERNING OCCUPATIONAL EXPOSURE TO

BLOODBORNE PATHOGENS: Contractor shall provide generic self-study training for all contract physician (s); provide their own Hepatitis B vaccination series at no cost to the VA if they elect to receive it; maintain an exposure determination and control plan;

maintain required records; and ensure that proper follow-up evaluation is provided following an exposure incident.

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

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

2.1.10. DEA (as required) - Contractor shall provide copy of current DEA certificate registered in the state in which services are provided.

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

2.1.12. Citizenship related Requirements:

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

2.1.12.2. While performing services for the Department of Veterans Affairs, the Contractor shall not knowingly employ, contract or subcontract with an illegal alien; foreign national non-immigrant who is in violation their status, as a result of their failure to maintain or comply with the terms and conditions of their admission into the United States.

Additionally, the Contractor is required to comply with all “E-Verify” requirements consistent with “Executive Order 12989” and any related pertinent Amendments, as well as applicable Federal Acquisition Regulations.

2.1.12.3. If the Contractor fails to comply with any requirements outlined in the preceding paragraphs or its Agency regulations, the Department of Veterans Affairs may, at its discretion, require that the foreign national who failed to maintain their legal status in the United States or otherwise failed to comply with the requirements of the laws administered by Homeland Security, Immigration and Customs Enforcement and the U.S Department of Labor, shall be prohibited from working at the Contractor’s place of business that services Department of Veterans Affairs patient referrals; or other place where the Contractor provides services to veterans who have been referred by the http://www.cdc.gov/hicpac/pdf/InfectControl98.pdf

Department of Veterans Affairs; and shall form the basis for termination of this contract for breach.

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

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

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

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

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

2.2. Clinical/Professional Direction: The qualifications of Contractor personnel are subject to review by VA Medical Center COS or his/her clinical designee and approval by the Medical Center Director as provided in VHA Handbook 1100.19. Clinical/Professional direction of all clinical personnel covered by this contract will be provided by the VAMC COS and/or the Chief of the Service or his designee. A clinical COR may be appointed, however, only the CO is authorized to consider any contract modification request and/or make changes to the contract during the administration of the resultant contract.

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

2.4. Inherent Government Functions: Contractor and Contract 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.

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

2.5.1. Workers’ compensation

2.5.2. Professional liability insurance

2.5.3. Health examinations

2.5.4. Income tax withholding, and

2.5.5. Social security payments.

2.6. Tort Liability: The Federal Tort Claims Act does not cover Contractor or contract physician(s).

When a Contractor or contract physician(s) has been identified as a provider in a tort claim, the http://vafsccshd@va.gov

Contractor shall be responsible for notifying their legal counsel and/or insurance carrier. Any settlement or judgment arising from a Contractor’s (or contract physician(s)) action or non-action shall be the responsibility of the Contractor and/or insurance carrier.

2.7. Key Personnel:

2.7.1. The VA Full Time Equivalency (FTE) for the services required is 0.25 FTE up to 1.0 FTE as needed is defined by VA as a minimum of 80 hours every two weeks and does not include holidays.

2.7.2. The number of Board-certified physicians to staff Radiation Oncology locations, located within the VA Medical Center, on a daily basis (be on site) is one (1) as defined in paragraph Hours of Operation in this section.

2.7.3. 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 two

(2) hours and notify the Contracting Office Representative (COR) at the VA Maryland Health Care System (VAMHCS), VA Medical Center (VAMC), 10 N. Greene Street, Baltimore, Maryland 21201 immediately of the schedule change.

2.8. Emergency 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 days 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.

2.8.1. The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the CO. Proposed substitutes shall have comparable qualifications to those of the persons being replaced. The CO will notify the Contractor within 15 calendar days after receipt of all required information of the decision on the proposed substitutes. The contract will be modified to reflect any approved changes of key personnel.

2.8.2. For temporary substitutions where the key person shall not be reporting to work for three

(3) consecutive workdays or more, the Contractor shall provide a qualified replacement for the key person. The substitute shall have comparable qualifications to the key person. Any period exceeding two weeks will require the procedure as stated above.

2.8.3. 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 patients or other staff members to designated Government representatives.

Standards for conduct shall mirror those prescribed by current federal personnel regulations. Should the VA COS or designee show documented clinical problems or continual unprofessional behavior/actions with any contract physician (s), s/he may request, without cause, immediate replacement of said contract physician (s).

2.8.4. The CO and COR shall deal with issues raised concerning Contract physician (s) conduct.

The final arbiter on questions of acceptability is the CO.

2.9. Contingency Plan: Continuity of care and uninterrupted operations of a Radiation Oncology Program are essential components of this contract and will be primary factors in Contractor’s assignment of staff and frequency of substitutions. The Contractor shall have a contingency plan in place to be utilized if the contractor’s physician(s) and other Contractor’s provider (s) leaves Contractor’s employment or is unable to continue performance in accordance with the terms and conditions of the resulting contract

3. HOURS OF OPERATION

3.1. VA Business Hours: Monday through Friday, 0800 -1630 Clinic time and Radiation treatment procedures will all be performed. The schedule for services may vary.

3.1.1. Patients must be seen by a contractor’s physician(s) on-site at the Baltimore VAMC in a timely manner in accordance with VA Rules and Regulations on clinic wait times and consult completion.

3.1.2. Contractor’s physician(s) shall be available and present in clinic during normal Baltimore VAMC Radiation Oncology clinic hours, which will be established, and may be revised, as deemed appropriate for patient care by the Chief of Staff. Currently, normal clinic hours are 0800-1630, Monday through Friday.

3.1.3. Off-hours Coverage: Contractor must make a Radiation Oncology Physician available on-call during all hours when the Baltimore VAMC clinic is closed, including evenings, weekends and holidays. Contractor must make the contractor’s physician(s) available on-call a minimum of eight (8) weeknights and (1) weekend per month, Monday through Thursday 4:30 pm to 8:00 am and Friday 4:30 pm to Monday 8:00 am as determined by the Radiation Oncology Clinical Care Center. Calls will be alternated with VA FTE in accordance with 0.25 FTE up to 1.0 FTE as needed Contractor physicians. Additional on-call times will be handled on a case-by-case basis.

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

3.1.3.2. Patients must be seen within 60 minutes of the page when immediate evaluation or radiotherapy is medically indicated.

3.1.3.3 Contractor’s physician(s) timesheets shall not include time for carrying the on-call pager but may include 4 hours for time spent onsite. This four-hour block of time may include up to 45 minutes travel time each way, and shall include locating the patient, completing an evaluation, obtaining required consents, transporting the patient, machine startup/warm up, completing simulation, treatment planning, supervising treatment, and any other care relevant to that radiation oncology encounter. The four-hour block of time will not be prorated in the event the episode of care requires less than 4 hours.

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

• New Year’s Day

• President’s Day

• Martin Luther King’s Birthday

• 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.

3.3. Cancellations: The VAMC will work with the contracted Radiation Oncology physician to schedule leave in advance. Only in the event of unforeseen circumstances will clinics or radiation treatment or CT simulation procedures be cancelled on short notice.

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

4. CONTRACTOR RESPONSIBILITIES

4.1. Clinical Personnel Required: The Contractor shall provide contract physician(s) who are competent, qualified per this performance work statement and adequately trained to perform assigned duties.

4.1.1. Contractor physician(s) shall be responsible for emailing the COR when arriving onsite and prior to leaving 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 medical practice and patient care provided by Contractor shall be evidence based best practices that meet or exceed all standards of professional practice and performance measures applicable to Baltimore VAMC medical professionals, including, but not limited to, NHPP, AAPM and TJC standards and national recognized accrediting body (ASTRO ApeX) current practice guidelines in radiation oncology. The contract physician (s)’ care shall cover the range of Radiation Oncology services as would be provided in a state-of-the-art civilian medical treatment facility and the standard of care shall be of a quality, meeting or exceeding currently recognized national standards as established by:

4.2.1. The ASTRO ApeX Guidelines: American Society for Radiation Oncology/Accreditation Program for Excellence ® https://www.astro.org/Daily-Practice/Accreditation

4.2.2. VA Standards: 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 and;

4.2.5. The requirements contained in this PWS

4.3. MEDICAL RECORDS

4.3.1. Authorities: Contract physician (s) providing healthcare services to VA patients shall be considered as part of the Department Healthcare Activity and shall comply with the U.S.C.551a (Privacy Act), 38 U.S.C. 5701 (Confidentiality of claimants records), 5 U.S.C.

552 (FOIA), 38 U.S.C. 5705 (Confidentiality of Medical Quality Assurance Records) 38 U.S.C. 7332 (Confidentiality of certain medical records), Title 5 U.S.C. § 522a (Records Maintained on Individuals) as well as 45 C.F.R. Parts 160, 162, and 164 (HIPAA).

4.3.2. HIPAA: This contract and its requirements meet exception in 45 CFR 164.502(e), and do not require a BAA in order for Covered Entity to disclose Protected Health Information to:

a health care provider for treatment. Based on this exception, a BAA is not required for this contract. Treatment and administrative patient records generated by this contract or provided to the Contractors by the VA are covered by the VA system of records entitled ‘Patient Medical Records-VA’ (24VA19). Contractor generated VA Patient records are the property of the VA and shall not be accessed, released, transferred, or destroyed except in accordance with applicable laws and regulations. Contractor shall ensure that all records pertaining to medical care and services are available for immediate transmission when requested by the VA. Records identified for review, audit, or evaluation by VA representatives and authorized federal and state officials, shall be accessed on-site during normal business hours or mailed by the Contractor at his expense. Contractor shall deliver all final patient records, correspondence, and notes to the VA within twenty-one (21) calendar days after the contract expiration date.

4.3.3. Disclosure: Contractor physician(s) may have access to patient medical records: however, Contractor shall obtain permission from the VA before disclosing any patient information.

https://www.astro.org/Daily-Practice/Accreditation http://www.x12.org/ http://www4.va.gov/vaforms/va/pdf/VA3288.pdf http://www.hpoe.org/resources?show=100&type=8 http://www1.va.gov/vhapublications/ViewPublication.asp

Subject to applicable federal confidentiality or privacy laws, the Contractor, or their designated representatives, and designated representatives of federal regulatory agencies having jurisdiction over Contractor, may have access to VA ‘s records, at VA’s place of business on request during normal business hours, to inspect and review and make copies of such records. The VA will provide the Contractor with a copy of VHA Handbook 1907.1, 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.

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

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

4.3.5. Release of Information: The VA shall maintain control of releasing any patient medical information and will follow policies and standards as defined but not limited to Privacy Act requirements. In the case of the VA authorizing the Contractor to release patient information, the Contractor in compliance with VA regulations, and at his/her own expense, shall use VA Form 3288, Request for and Consent to Release of Information from Individual’s Records, to process “Release of Information Requests.” In addition, the Contractor shall be responsible for locating and forwarding records not kept at their facility.

The VA’s Release of Information Section shall provide the Contractor with assistance in completing forms. Additionally, the Contractor shall use VA Form 10-5345, Request for and Authorization to Release Medical Records or Health Information, when releasing records protected by 38 U.S.C. 7332. Treatment and release records shall include the patient’s consent form. Completed Release of Information requests will be forwarded to the VA Privacy Officer at the following address: Tonya Facemire (304) 623-3461 extension 3292.

4.3.6. Direct Patient Care: 90% of the time involved in direct patient care,

4.3.6.1. Board-Certified Radiation Oncology Physician Services: Contractor shall provide, at a minimum, the following Radiation Oncology Physician services for Veteran patients in accordance with the terms and standards, including, but not limited to:

4.3.6.1.1. Contractor physician(s) shall be present on time for any scheduled clinics as documented by physical presence in the clinic at the scheduled start time.

4.3.6.1.2. Evaluation and treatment of transported inpatient and outpatient clinical services for both palliative and curative cancer patients; follow-up, re-evaluation and treatment visit.

4.3.6.1.3. Provide evaluation and treatment plans; follow patients for treatment management, continuing monitoring and follow-up evaluations. Contract Radiation Oncologist shall complete any documentation associated with the treatment provided to VA patients treated by them.

4.3.6.1.4. Conventional Radiation Treatment: Use of the following advanced modalities:

2D/3D Conformal, IMRT/VMAT, IGRT, Stereotactic Radiosurgery and Stereotactic Radiotherapy, shall be fully justified in accordance with the appropriateness criteria of the American College of Radiology (ACR). ACR Quality-Safety Appropriateness Criteria may be accessed at:

http://www.acr.org/Quality-Safety/Appropriateness-Criteria/New-and-Revised

4.3.6.1.5. Patient Consultation/Pretreatment Evaluation: A radiation therapy consultation is defined as a comprehensive patient evaluation provided at the request of the referring physician. A consultation shall consist of a meeting of the patient and a radiation oncologist within the timeframes established by VA Rules and Regulations, a history and physical examination, and a review of pertinent x-rays and laboratory results as well as the patient’s medical record.

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 https://www1.va.gov/vhapublications/ViewPublication.asp https://www1.va.gov/vhapublications/ViewPublication.asp https://www.facs.org/about-acs/governance/advisory-councils/vascular https://www.facs.org/about-acs/governance/advisory-councils/vascular http://www.acr.org/Quality-Safety/Appropriateness-Criteria/New-and-Revised

4.3.6.1.5.1. Review previous history, radiographic and lab studies;

4.3.6.1.5.2. Order any other test required for workup; and

4.3.6.1.5.3. Discuss with patient and perform examination.

4.3.6.1.5.4. Document the evaluation in CPRS, including at least:

• Name of Attending Physician;

• Radiation treatment type (e.g., conventional, IMRT);

• Curative or palliative radiation treatment;

• Dose amount and duration of radiation treatment;

• Discussion of evaluation with patient, and

• Add referring provider and PCP in note as co-signers and any other documentation to satisfy ROCCC’s accrediting body (ASTRO’s APeX) requirements.

4.3.6.1.6. Consultation Responsibilities: Contractor physician(s) shall provide consultation with instruction to referring physicians regarding appropriate indications for Radiation Oncology procedures so that the most expeditious and clinically appropriate work-up can be done. Contractor physician(s) shall determine the appropriate course of treatment and communicate in person or by phone with the referring clinicians.

4.3.6.1.6.1. Contractor physician(s) shall provide review of consults and next-day patient cases for minimum of two hours daily.

4.3.6.1.6.2. Contractor physician(s) shall provide post-procedure evaluation, follow-up and clinical consultation regarding complications of procedures.

4.3.6.2. Medications: Contractor physician(s) shall follow all established medication policies and procedures. No sample medications shall be provided to patients.

4.3.6.3. Treatment Planning: When it is determined radiation therapy is appropriate, a goal-oriented treatment plan from supporting data shall be developed by the Contract physician(s) for each patient, discuss treatment plan with patient and obtain patient’s signed consent, and made a part of the VA medical record. The treatment plan shall include the type of radiation to be administered, prescribed dose, treatment site location, Dose Volume (DV) based planning to include DV Histograms (DVH), designation of Organs at Risk (OAR) for radiation injury, DV based radiation delivery goals for each OAR.

4.3.6.3.1. All treatment plans shall undergo peer review prior to initiation of treatment.

4.3.6.3.2. Treatment plans shall be altered as necessary during the course of the patient’s treatment.

4.3.6.3.3. Contractor’s physician(s) shall document initial consultation and full plan of care that includes name of attending physician on all clinical notes, indicate radiation treatment type (i.e., conventional, IMRT), date of simulation or procedure date, curative or palliative radiation treatment, dose amount and duration of radiation treatment and signed patient consent for treatment.

4.3.6.4. Treatment Management: Includes weekly examination of the patient…