SOW Contracted Lab Employees.docx

PERFORMANCE WORK STATEMENT (PWS)

FOR PROFESSIONAL AND ALLIED HEALTHCARE STAFFING SERVICES

1. GENERAL

1.1. SERVICES REQUIRED:

The contractor(s) shall provide the Wilmington VA Medical Center, 1601 Kirkwood Highway, Wilmington, DE 19805, with temporary PROFESSIONAL AND ALLIED HEALTHCARE STAFFING SERVICES. This will be accomplished by nominating agency personnel who are appropriately qualified candidates to perform the requirements of this contract. “Appropriately qualified” is defined as a healthcare professional providing services under this PBA and associated task orders who is trained, licensed, and credentialed, as appropriate, in accordance with VA Directive 1663 and in accordance with the provision of VHA Handbook 1100.19. Contractor personnel will provide appropriate, effective interventions to individual patients needs according to established facility policies, safety standards and procedures as described at the orientations and trainings conducted by WVAMC Education.

1.2. SERVICES PROVIDED:

Under this task order, technologists/technicians may be requested from within any or all of the following Special Item Numbers as found on the Office of Acquisition and Logistics (OAL) Schedule 621 I Professional & Allied Healthcare Staffing Services found at http://www.va.gov/oal/business/fss/schedule621i.asp

Clinical Laboratory Science / Medical Technology (Includes: Clinical Laboratory Scientist; Medical Technologist; Certified Laboratory Technician; Medical Laboratory Technician)

1.2.1 The selected professionals will perform their duties and provide quality services in compliance with and under the monitoring of WVAMC staff members and in accordance with the PWS, Functional Statement, and the QASP. He or she will operate independently and without direct supervision as the technologist/technician responsible for the performance of all clinical duties related to laboratory testing. The incumbent in this position will independently perform duties as outlined under the “Functions” section of this PWS. The selected is required to work regular and irregular hours of duty on an as-needed basis including weekends and holidays. We estimate the actual average usage of the contracted employee(s) at a total of 40 hours per week over a period of six (6) months. Tours of duty will include 8:00am-4:30pm, 3:00pm-11:00pm, and 11:00pm-7:00am.

1.2.2 The professionals are expected to carry out the day-to-day operations in the laboratory. This would include routine testing, quality control, routine maintenance of instrumentation and troubleshooting. The MT develops, performs, evaluates, interprets, correlates and validates the accuracy of laboratory procedures and results ensuring all laboratory regulatory requirements are met. Testing procedures are performed on a variety of biological specimens and/or environmental samples using manual or automated techniques, following practices and regulations governing biosafety and biosecurity in the workplace. These require a broad exercise of independent judgment and responsibility, including organizing and setting priorities with minimal technical supervision. The work performed is in a variety of laboratory disciplines, such as chemistry, microbiology, urinalysis, immunology, hematology, and immunohematology. Such positions include requirements to monitor quality control systems and measures; collaborate in the diagnosis and treatment of patients; and provide education for laboratory healthcare professionals and the public in a professional, courteous and effective manner.

Functions: The generalist medical technologist rotates on a regular basis through the above-mentioned areas. He/She also works off-hour shifts, weekends, and holidays as priorities demonstrate a need. The duties and responsibilities of the Medical Technologist – Generalist includes but is not limited to the following duties and tasks:

a. Performs a broad range of laboratory procedures including all testing and tasks of the medical laboratory technician occupation. Selects, performs, evaluates, and monitors the performance of test procedures using manual and/or instrumental techniques in accordance with established protocols. In addition, performs advanced and complex laboratory procedures; recognizes deviation from expected results; analyzes and corrects problems using scientific principles.

b. Evaluates and solves problems related to collection and processing of biological specimens for analysis taking into account physiologic processes and requirements.

c. Maintains and documents the optimal functioning of laboratory equipment. Uses, calibrates, identifies malfunctions, repairs, and performs preventive maintenance of laboratory equipment. Diagnoses deviations in test performance due to instrument malfunction.

d. Performs and documents quality control and assurance activities and corrective actions related to test performance using statistical principles and theories of performance improvement.

e. Adheres to practices and regulations governing biosafety and biosecurity in the workplace.

f. Identifies discrepancies, solves problems, and presents solutions.

g. Answers inquiries regarding test results, methodology, test specificity, test sensitivity, and specific factors, which influence test results. Interprets results and suggests follow-up test selection or procedures.

h. Evaluates the validity of test data in relation to the test system and accepted assay procedures. Correlates quantitative data with patient data (i.e., history, medications) to verify results. Performs additional tests to clarify or confirm abnormal patient results.

i. Responsible for the generation of laboratory results from the work area into the laboratory information system (LIS) and for editing and verification of the results recorded into the LIS. Recognizes critical tests and critical values that require immediate attention by the physician and reports them directly. Fully documents communication of critical tests and critical results in the LIS.

j. Evaluates and implements new techniques and procedures in the laboratory in terms of equipment, method comparison, and establishment of reference intervals using statistical methods and theoretical knowledge. Interprets findings and makes recommendations.

k. Communicates effectively and courteously while working as a healthcare team member. Provides excellent service as defined by the customer (healthcare providers, patients, and others). Gives direction and guidance using underlying principles of laboratory testing.

l. Organizes work and sets priorities to meet deadlines.

m. Properly processes all incoming laboratory specimens and ensure all specimens are collected correctly, at the correct times, in proper containers, with correct preservative and anticoagulants, at the correct temperatures and from a properly prepared patient. Ensures all specimens are properly labeled and identified throughout the entire specimen procurement process to maintain specimen integrity.

n. Responsible for properly processing, ordering, packaging and shipping specimens submitted for testing at reference laboratories. Ensures all reference laboratory specimens are collected properly, processed and packaged and shipped correctly in accordance with reference laboratory specifications and all applicable Federal, state, and local standards. Comply with safety, infection control and universal precaution guidelines for handling specimens. Accurately transcribe and enter laboratory test orders into the Laboratory information system (VISTA), correctly fill out reference laboratory test request forms, meet deadlines for specimen shipments dictated by the arrival of the courier and specimen viability factors, and report critical values by telephone to the provider who ordered test, according to WVAMC policy.

o. WVAMC provides testing services to Community Based Outpatient Clinics (CBOCs). The individual is required to review, scan, process specimens for the appropriate laboratory tests, enter results, and file the shipping manifests according to published instructions.

p. Meet the needs of customers while supporting VA missions. Consistently communicates and treats customers (veterans, their representatives, visitors, and all VA staff) in a courteous, tactful, and respectful manner. Provides the customer with consistent information according to established policies and procedures.

q. Performs other duties as assigned.

1.3. PLACE OF PERFORMANCE: On-site Wilmington VA Medical Center, 1601 Kirkwood Highway, Wilmington, DE 19805

1.4. AUTHORITY:

Title 38 USC 8153/ VA Directive 1663

1.5. DEFINITIONS:

1.5.1. CONTRACTOR. A supplier or vendor awarded a contract or task order to provide specific supplies or services to the government. The term used in this contract refers to the prime contractor.

1.5.2. CONTRACTING OFFICER. A person with authority to enter into, administer, and or terminate the contract or task order, and make related determinations and findings on behalf of the government. Note: This is the only individual who can legally bind the government.

1.5.3. CONTRACTING OFFICER’S REPRESENTATIVE (COR). An employee of the U.S. Government appointed by the contracting officer to administer the contract and associated task orders. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications.

This individual does NOT have authority to change the terms and conditions of the contract.

1.5.4. KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a task order under the contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

1.5.5. QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

1.5.6. QUALITY ASSURANCE SURVEILLANCE PLAN (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

1.5.7. SUBCONTRACTOR. One that enters into a contract with a prime contractor. The Government does not have knowledge of contract with the subcontractor.

2. QUALIFICATIONS:

2.1. STAFF/FACILITY

2.1.1. License:

Personnel assigned by the Contractor to perform the services covered by this contract and its associated task orders shall be currently certified or licensed, as appropriate, in any State, Territory, or Commonwealth of the United States or the District of Columbia. All certifications and licenses held by the personnel working on this task order shall be fully valid and without restriction. The qualifications of such personnel shall also be subject to credentialing by the Medical Staffing Office, reviewed by the VA Chief of Staff and approval by the VA Facility Director. The government specifically reserves the right to reject any of the Contractor’s personnel and refuse them permission to provide services under this contract.

2.1.2. Standard Personnel Testing CONTRACTOR EMPLOYEE HEALTH

SCREENINGS AND IMMUNIZATIONS:

a. It is the responsibility of the Contractor to provide annual tuberculosis screenings for contract employees providing services under this contract and to report new conversions to positive PPD or to report new symptoms related to tuberculosis, if previously positive PPD, to the WVAMC Employee Health Section within ten (10) working days.

b. It is the responsibility of the Contractor to provide appropriate immunizations, including Hepatitis B vaccine, as indicated for health care workers with potential exposure to blood or body fluids, for contract employees providing services under this contract.

c. The Contractor must provide documentation of compliance for all personnel performing services under this agreement:

· Documentation of current Hepatitis B Vaccination or declination

· Documentation of MMR vaccination or declination

· Documentation of current varicella vaccination or declination

· Documentation of Tdap (Tetanus, Diphtheria, Pertussis) or declination

· Documentation of current Tetanus Toxoid within 10 years of orientation

· Documentation of meningococcal vaccine or declination

· Hepatitis C baseline

· Documentation of 2-step PPD Testing with the 2nd test within 90 days of orientation AND within 9 months of the first test. Personnel with a positive test result need a survey questionnaire done within 90 days of orientation and annually thereafter as well as a chest X-ray taken post positive PPD but prior to starting work at the WVAMC. T-spot testing or Gold interferon testing within 90 days of orientation are acceptable alternatives

· Documentation of Flu (Influenza) vaccine or completed Health Care Personnel Influenza Vaccination Form (Appendix B) if unwilling or unable to receive the vaccine

· Newly issued VHA Directive 1192 requires all health care personnel (HCP) to participate in the seasonal influenza prevention program and outlines the key implementation steps. Health care personnel is defined in VHA Directive 1192 as all VA licensed and unlicensed, clinical and administrative, paid and unpaid, full- and part-time employees, intermittent employees, fee basis employees, VA contractors, students, researchers, volunteers, and trainees who work in VHA locations. HCP covered by the policy are expected to receive annual influenza vaccination. Those HCP unable or unwilling to be vaccinated are required to wear a face mask throughout the influenza season. Masks are available at entrances throughout the medical center.

· The contractor is required to submit annual certification to the Contracting Officer’s Representative (COR) that all contract staff performing services at VA facilities are in compliance with VHA Directive 1192.

The Contractor Health Requirements Checklist shall be completed for each contract employee providing services under this task order and forwarded to the Contracting Officer’s Representative prior to work start. This and additional information (see section 2.4) will be incorporated into the VA Orientation file that is prepared for each contract employee work at the WVAMC. The requirements for the orientation file change from time to time to reflect new standards or improved efficiencies within the WVAMC. The contractor will be notified in writing or e-mail by the CO or COR of new or changed requirements.

2.1.3. Conflict of Interest:

The services to be performed by the Contractor will be performed in accordance with VA policies and procedures and the regulations of the Medical Staff Bylaws of the VA facility. Section D, VHA Handbook 1660-3, Conflict of Interest Aspects of Contracting for Scarce Medical Specialist Services, Enhanced Use Leases, Health Care Resource Sharing, Fee Basis and Intergovernmental Personnel Act Agreements (IPAs).

VHA Handbook 1660.3, “Conflict of Interest Aspects of Contracting for Scarce Medical Specialist Services, Enhanced Use Leases, Health Care Resource Sharing, Fee Basis and Intergovernmental Personnel Act Agreements (IPAs),” dated September 22, 2008, is incorporated into this contract by reference. Any VA employee who is employed by the Contractor is prohibited from participating, on behalf of the Government, in a VA contract with the Contractor.

2.1.4. Citizenship related Requirements:

2.1.4.1. 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;

2.1.4.2. 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.

2.1.4.3. If the Contractor fails to comply with any requirements outlined in the preceding paragraphs or its Agency regulations, the Department of Veterans Affairs may, at its discretion, require that the foreign national who failed to maintain their legal status in the United States or otherwise failed to comply with the requirements of the laws administered by Homeland Security, Immigration and Customs Enforcement and the U.S Department of Labor, shall be prohibited from working at the Contractor’s place of business that services Department of Veterans Affairs patient referrals; or other place where the Contractor provides services to veterans who have been referred by the Department of Veterans Affairs; and shall form the basis for termination of this contract for breach.

2.1.4.4. 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.

2.1.4.5. 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.

2.1.5. Annual Office of Inspector General (OIG) Statement:

2.2. TECHNICAL DIRECTION:

The services to be performed by the Contractor will be monitored by the Contracting Officer’s Representative (COR), Chief of Staff, and the Vice Presidents of the Financial Management Services or Medicine Service Line.

2.3. NON-PERSONAL SERVICES

2.3.1 No Employee status:

The parties agree that the Contractor, its employees, agents, and subcontractors shall not be considered VA employees for any purpose.

Personnel Policy: The Contractor shall be responsible for protecting the personnel furnishing services under the contract. To carry out the responsibility, the contractor shall provide the following for these personnel:

· Worker’s compensation

· Professional liability insurance

· health examination

· income tax withholding

· social security payments

2.3.2 TORT:

TORT CLAIMS: Professional and allied healthcare staffing services personnel are not covered by the Federal Tort Claims Act. When a Contractor or Contractor’s provider (s) has been identified as a provider in a tort claim, the Contractor shall be responsible for notifying their legal counsel and/or insurance carrier. Any settlement or judgment arising from a Contractor’s (or Contractor’s provider(s)) action or non-action shall be the responsibility of the Contractor and/or insurance carrier.

2.4. ADDITIONAL REQUIRED QUALIFICATIONS

In addition to the immunizations mentioned in section 2.1.2, the vendor will also include, at their expense, in the orientation profile file for each employee, the following information for the VA. This list is determined by the Service Line Representative and changes from time to time. The CO or COR will notify the vendor of changes via e-mail.

Name:

Position:

Projected/Requested work area Background Check (within 90 days) Physical (within 90 days) include VA provided template PPD (2-step within 90 days) Chest X-Ray & Questionnaire for Hx positive PPD Hepatitis B or Declination MMR or Declination Varicella or Declination Hepatitis C or Declination Tetanus (within 10 years) Facility Staffing Guide (FSG) OSHA Exam Minimum work/Training Requirement Resume Uses proper body mechanics when assisting patients ambulate and position on the exam table/gurney Maintains competency in properly using lift devices to ensure safe patient handling and prevent staff injury

3. HOURS OF OPERATION:

3.1. BUSINESS HOURS: 24 hours per day, 7 days a week or as required.

3.1.1 Work Schedule: Regular Tours of Duty include 8:00am-4:30pm, 3:00pm-11:00pm, and 11:00pm-7:00am Monday through Friday. Weekend and holiday coverage may be assigned, as well.

a. The services covered by this PBA shall be furnished by the Contractor as defined herein.

b. The following terms have the following meanings:

(1) Work hours: Temporary Staffing Personnel shall perform services across an 8.5-hour shift. Regular tours of duty are 8:00am-4:30pm, 3:00pm-11:00pm, and 11:00pm-7:00am.

(2) Business hours are 24 hours per day, seven days a week, including Federal Holidays with actual work schedules to be mutually agreed upon by Contractor and VA based on patient care needs. A 30 minute, unpaid, lunch break is included in each shift. Each shift has two 15-minute paid breaks, workload permitting.

(3) Alternate Shifts are acceptable provided they are approved by the COR prior to implantation.

3.2. FEDERAL HOLIDAYS:

The following terms have the following meanings:

National Holidays: The eleven (11) holidays observed by the Federal Government are:

New Year’s Day Martin Luther King’s Birthday Presidents Day Memorial Day Juneteenth Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Christmas And any other day specifically declared by the President of the United States to be a national holiday.

4. CONTRACTOR RESPONSIBILITIES

4.1. SERVICES REQUIRED: Professional and allied healthcare staffing services

4.2. STANDARDS OF PRACTICE:

Contractor shall be responsible for meeting or exceeding VA and Joint Commission (or equivalent) standards.

The VA has an electronic timecard system that can be made available to the vendor. If the vendor wishes to utilize an alternate electronic timecard, then the Vendor must implement within 60 days of task order award an electronic time keeping system capability for their contract employees. This system must be accepted by the VA. Vendor is responsible for training WVAMC personnel in the use of this system. In addition to tracking employee time, this system will be utilized by WVAMC personnel to validate contractor invoices. This system must be capable of producing customizable reports that include the name of contractor, hours and days worked, overtime, etc. The system must allow for WVAMC personnel to approve contract employee timecards. It is likely that this system will not be able to attach to the WVAMC internal computer network.

All personnel performing services for the Contractor under this contract must be appropriately, licensed or credentialed and privileged by the WVAMC and shall abide by the Medical Staff Bylaws, VA regulations and policies, Customer Service Standards, and Patient and Nursing Home Resident Rights and Responsibilities. These documents are available upon request.

· Licensed, Credentialed and Privileged in accordance with the provision from - VHA Handbook 1100.19

· Veteran’s Health Administration (VHA) publications are available at: https://www.va.gov/vhapublications/

· VA publications are available at: https://www.va.gov/vapubs/ The Contractor will be responsible for meeting all quality standards set forth in the most current The Joint Commission Manual for Hospitals, and for compliance with The Centers for Medicare and Medicaid Services (CMS) guidelines, and other applicable VA quality measures. Outcomes from contractor employee specific data collection, peer review activities, and the patient compliment/complaint process will be used in the performance improvement process and considered at the time of re-privileging.

All personnel providing services under this contract shall speak and write English proficiently.

The Contractor shall meet or exceed all The Joint Commission and National Council of Quality Assurance (NCQA) standards including, but not limited to patient rights, staff competence, infection control, ongoing organizational performance, patient education, information management, and VAPHS performance measures. The contractor is responsible for achieving levels of performance for patient care management as outlined in the current Network Performance Plan and Performance Measurement Technical manual which can be accessed at: http://vaww.oqp.med.va.gov/oqp_services/performance_measurement/tech_man.asp#TablesTM. Revisions/updates may be obtained from the above website.

The Contractor and patient care services provided shall be included in WVAMC data collection activities related to patient satisfaction.

4.3. THE JOINT COMMISSION AND OTHER SPECIAL REQUIREMENTS:

The Contractor will be responsible to ensure that professional and allied healthcare staffing services personnel providing work on this contract and associated task orders are fully trained and completely competent to perform the required work as specified in the task order

Although this contract does not require The Joint Commission accreditation or other regulatory requirements regarding worker competency, the Contractor must perform the required work in accordance with The Joint Commission or equivalent standards. The Contractor is required to provide a current performance evaluation (proficiency or competency) on each person providing services under the contract. The Contractor will provide current copies of the performance evaluations at the time of contract award and annually on the anniversary date of contract award to the VA Contracting Officer, or upon request.

WVAMC will provide the vendor an initial list of minimum skills, qualifications and experience for each position. WVAMC will provide updates to the vendor as they occur.

The Contractor will provide and document a general orientation for all Contractor personnel who provide work on this contract before commencement of work. VA will provide the content of the orientation to the Contractor at the time of contract award. VA must approve the testing process. Documentation of the orientation will be provided to the Contracting Officer. This orientation will include, as a minimum, the following topics:

-Fire and safety policy and procedure -Infection control policy and procedure -Emergency Preparedness/Disaster policy and procedure

The vendor will submit names and paperwork of potential orientation candidates via secure email. Joanna.bakanas2@va.gov

If a contract employee is new to WVAMC, he or she must also attend an Orientation session conducted by Service Line Representative. This orientation takes one to three days and is scheduled monthly through the contracting agency in coordination with Service Line Representative. Contractor professional and allied healthcare staffing services personnel will attend an area/program/unit-specific orientation meeting with the service line they are assigned on the first day of work. The VA will schedule, conduct and document this meeting which will include discussion of the following area-specific topics:

-Fire and safety policy and procedure -Infection control policy and procedure -Emergency preparedness/disaster policy and procedure -Initial competence assessment -Area/program/unit specific orientation -Laboratory Safety Training -Laboratory Computer Training

The VA will monitor the Contractor personnel’s work to ensure contract and task order compliance.

From time to time, the WVAMC will require training for contracted employees. The nature of the training varies. WVAMC will provide the required training after contracted starts based on the hours worked. TMS certificates will only be reimbursed based on the hours listed as “Learning Hours” within each course regardless of actual time expended completing the course. Copies of the TMS certificates shall be maintained by the vendor and can be obtained from the COR if the contract employee cannot print them. Copies of all non-TMS completed training will be provided to the COR as they occur.

Notwithstanding other contract requirements, upon request of the Contracting Officer, the Contractor will remove from the work site, any Contractor personnel who does not comply with orientation requirements or meet competency requirements for the work being performed.

Agency personnel who have not worked at least one shift within the last 90 days will have to be cleared by the appropriate Service Line Representative or designee prior to returning to shift work. Clearance from the Service Line Representative may require attendance at an orientation and/or competency class. The Agency may have to complete a full profile, PIV request and UAR request as determined by the COR.

Vendor employees who do not maintain their training currency via the VA Talent Management System (TMS) will be placed into a Do Not Return (DNR) status. This is permanent. Vendor may move an employee from an active to inactive role, for a minimum of 30 days, prior to expiration of their training to avoid the DNR.

Vendor employees may also be placed on the DNR list because of failure to properly perform their duties, repeated tardiness or lateness, or insubordination. These will be substantiated through the VA Report of Contact (ROC) process.

Official notification of the DNR status will come from the Contracting Office (CO) or Contracting Officer Representative (COR). The vendor will accept an e-mail notification from a Service Line Representative as a temporary request to remove a contract employee from the work schedule pending further discussions with the CO or COR.

Vendor will maintain current resumes and work histories of all employees.

The process to bring a contract employee is complex. The process is also constantly changing due to changes in technology and security requirements. During the post award conference, the CO and COR will work with the vendor to explain the process. Vendor will develop internal processes to work within the WVAMC hiring process. As a minimum, this will involve vendor created orientation packets, vendor coordination with WVAMC agencies for fingerprints and Personal Identity Verification (PIV) cards, and vendor coordination for training and orientation.

All permanent full-time vendor employees involved in the contract must employ an e-mail encryption system compatible with the WVAMC e-mail system. Vendor is required to provide and qualify a minimum of two full-time contractor employees to assist with the VetPro process. VetPro is the VA credentialing software system and the contractor full-time employees would do the initial data entry.

Where the contract does not require The Joint Commission accreditation or other regulatory body requirements, the Contractor must perform the required work in accordance with The Joint Commission or equivalent standards. A copy of these standards may be obtained from The Joint Commission, One Renaissance Blvd., Oakbrook Terrace, IL 60181.

4.4. MEDICAL RECORDS

4.4.1. Authorities:

If deemed required under this agreement, the Contractor shall be considered part of the Department of Veterans Affairs (VA) for purposes of 38 U.S.C. §§ 5701 and 7332. Its employees may have access to patient medical records to the extent necessary to perform this contract. Notwithstanding any other provision of this agreement, the Contractor and its employees may disclose patient records and individually identified patient information, including information and records generated by the Contractor in performance of this agreement, only pursuant to explicit disclosure authority from VA.

4.4.2. HIPPA:

PROTECTED HEALTH INFORMATION (PHI): Contractor must adhere to the provisions of Public Law 104-191, Health Insurance Portability and Accountability Act (HIPPA) of 1996 and the National Standards to Protect the Privacy and Security of Protected Health Information.

Contractor employees are required to complete the online training classes entitled “VA Privacy and Information Security Awareness and Rules of Behavior” and “HIPAA and Privacy Training”.” Other training may be added or deleted as policies and guidance from higher authority is received. Completion of these training courses is required on an annual basis based on the VA’s fiscal year. Completion will be monitored by the COR and periodic reports will be provided by the COR to the vendors.

4.4.3. Disclosure:

If deemed required under this agreement, the Contractor shall be considered part of the Department of Veterans Affairs (VA) for purposes of 38 U.S.C. §§ 5701 and 7332. Its employees may have access to patient medical records to the extent necessary to perform this contract. Notwithstanding any other provision of this agreement, the Contractor and its employees may disclose patient records and individually identified patient information, including information and records generated by the Contractor in performance of this agreement, only pursuant to explicit disclosure authority from VA.

If deemed required under this agreement, the database utilized by the Contractor, the adverse drug event reports provided to the Contractor by VA, and documents created from analyzing this database, the adverse drug event reports, and patient medical records are medical quality assurance records protected by 38 U.S.C. § 5705, its implementing regulations at 38 U.S.C. §§ 17.500-.511 and VHA Directive 1320, Quality Management (QM) And Patient Safety Activities That Can Generate Confidential Documents. These records may be disclosed only as authorized by § 5705 and the VA regulations. Disclosure of these records in violation of § 5705 is a criminal offense under 38 U.S.C. § 5705(e).

4.4.4. Professional standards for documenting care:

COMPUTERIZED PATIENT RECORD SYSTEM: The Contractor is responsible for utilizing the Computerized Patient Record System (CPRS) in Veterans Health Information Systems and Technology Architecture (VISTA) at the VAPHS as necessary for the performance of their duties. Access and training will be provided for the Contractor as needed. Contractor personnel will be expected to fully use the system since CPRS will be the sole means of patient record keeping. Record keeping should ensure compliance with applicable The Joint Commission (TJC) and VHA requirements to include data entry into CPRS by nurses or contract personnel as appropriate for documentation of medical records.

These activities will be monitored in accordance with VHA and WVAMC regulations.

4.4.5. Release of Information:

If deemed required under this agreement, the Contractor shall be considered part of the Department of Veterans Affairs (VA) for purposes of 38 U.S.C. §§ 5701 and 7332. Its employees may have access to patient medical records to the extent necessary to perform this contract. Notwithstanding any other provision of this agreement, the Contractor and its employees may disclose patient records and individually identified patient information, including information and records generated by the Contractor in performance of this agreement, only pursuant to explicit disclosure authority from VA.

The VA may provide Contractor and subcontractor employees with access to VA automated patient records maintained on VA computer systems only to the extent and under the same conditions and requirements as VA provides access to these records to its own employees.

All Contractor personnel and any subcontracted employees, if applicable, accessing the VISTA system will be required to sign and abide by all VA security policies, and applicable VA confidentiality statutes, 38 U.S.C. §5701, 38 U.S.C. §7332, and the Privacy Act, 5 U.S.C. §552a, as well as 45 C.F.R. Parts 160, 162 and 164 (Health Insurance Portability and Accountability Act). The VA will provide access applications and security agreements. Contractor shall ensure the confidentiality of all patient information and shall be held liable in the event of the breach of confidentiality. Due to the confidential nature of medical reports, all transcription must be completed in areas that provide reasonable security. All documents are confidential and are protected under the Privacy Act of 1974, as amended. All vendor personnel shall be required to observe the requirements imposed on sensitive data by law, federal regulations, VA statutes and policy, DM&S policy and the associated requirements to insure appropriate screening of personnel.

If deemed required under this agreement, the database utilized by the Contractor, the adverse drug event reports provided to the Contractor by VA, and documents created from analyzing this database, the adverse drug event reports, and patient medical records are medical quality assurance records protected by 38 U.S.C. § 5705, its implementing regulations at 38 U.S.C. §§ 17.500-.511 and VHA Directive 1320, Quality Management (QM) And Patient Safety Activities That Can Generate Confidential Documents. These records may be disclosed only as authorized by § 5705 and the VA regulations. Disclosure of these records in violation of § 5705 is a criminal offense under 38 U.S.C. § 5705(e).

If deemed required under this agreement, the treatment and administrative patient records created by, or provided to, the Contractor under this agreement are covered by the Privacy Act 1997- VA system of records entitled "Patient Medical Records - VA (24VA136).

All quality data maintained by the Contractor and/or its employees shall be shared with designated Service Line Staff.

No VA data is permitted to be stored on portable media, including but not limited to flash drives, CDs/DVDs, external hard drives, etc., without obtaining a waiver. Waiver request forms can be obtained from the WVAMC Information Security Officer. Any portable media which is granted approval to be utilized by the Contractor under this contract must be encrypted in accordance with the security requirements identified in FPS 140-2. Only flash drives and encryption software explicitly approved by the VA may be used if granted a waiver.

No VA data is permitted to be stored on a desktop or laptop computer hard drive. Use of any portable computer under this contract must be approved by the ISO, and the computer’s hard drive must be encrypted in accordance with FIPS 140-2.

Non-VA equipment is not permitted to be connected to the VA network without prior approval. If a laptop or desktop computer must be connected, a security check must be completed by the WVAMC IT Staff. If unapproved equipment is detected, it will be immediately disconnected from the network.

If remote access is required in order to perform the work in this contract, a VPN request form must be completed and approved by the COR, the WVAMC CIO, and submitted to the ISO. The account will be given access only to the IP addresses required by the contract. The contractor will make every attempt to use the VA’s RESCUE software in order to remotely connect to the VA network. If RESCUE cannot be used to perform the required tasks, then a waiver request must be submitted in order to use the One-VA VPN software in lieu of RESCUE. The only approved method of remotely connecting to any device on the VA network is through the One-VA VPN gateway using RESCUE or, if a waiver is obtained, the One-VA VPN software.

4.5. DIRECT PATIENT CARE: Up to 90% of the time involved in direct patient care

4.5.1. Contractor shall be responsible for:

4.5.1.1. Patient Safety:

All personnel performing services for the Contractor under this contract must be credentialed and privileged by the VAPHS and shall abide by the Medical Staff Bylaws, VA regulations and policies, Customer Service Standards, and Patient and Nursing Home Resident Rights and Responsibilities.

These documents are available upon request.

· Licensed, Credentialed and Privileged in accordance with the provision from - VHA Handbook 1100.19

· Veteran’s Health Administration (VHA) publications are available at: https://www.va.gov/vhapublications/

· VA publications are available at: https://www.va.gov/vapubs/

The Contractor will be responsible for meeting all quality standards set forth in the most current The Joint Commission Manual for Hospitals, and for compliance with The Centers for Medicare and Medicaid Services (CMS) guidelines, and other applicable VA quality measures. Outcomes from contract employee specific data collection, peer review activities, and the patient compliment/complaint process will be used in the performance improvement process and considered at the time of re-privileging.

All personnel providing services under this contract shall speak and write English proficiently.

The Contractor shall meet or exceed all The Joint Commission and National Council of Quality Assurance (NCQA) standards including, but not limited to patient rights, staff competence, infection control, ongoing organizational performance, patient education, information management, and WVAMC performance measures.

The Contractor and patient care services provided shall be included in WVAMC data collection activities related to patient satisfaction.

4.6. ADMINISTRATIVE: As little as 10% of time is involved in direct patient care.

4.6.1. Contractor shall be responsible for:

4.6.1.1. TASK 1:

COMPUTERIZED PATIENT RECORD SYSTEM: The Contractor is responsible for utilizing the Computerized Patient Record System (CPRS) in Veterans Health Information Systems and Technology Architecture (VISTA) at the WVAMC. Access and training will be provided for the Contractor as needed. Technician personnel will be expected to fully use the system since CPRS will be the sole means of patient record keeping. Record keeping should ensure compliance with applicable The Joint Commission (TJC) and VHA requirements to include data entry into CPRS by appropriate contract employees for documentation of medical records.

4.6.1.2. TASK 2:

VA will provide the content of the orientation to the Contractor at the time of contract award. Documentation of the orientation will be provided to the Contracting Officer. This orientation will include the following topics in Section 4.3.d.

4.6.1.3. TASK 3:

Contractor employees are required to complete the online training classes within TMS entitled “VA Privacy and Information Security Awareness and Rules of Behavior” course number VA 10176, and “HIPAA and Privacy Training” course number VA 10203. And any additional training included in Section 4.4.2. Other training may be added or deleted as policies and guidance from higher authority is received. A Certificate of successful completion will be generated for each course. Copies of the certificates shall be maintained by the vendor and can be obtained from the COR if the contract employee cannot print them. Completion of these training courses is required on an annual basis based on the VA’s fiscal year.

4.7. PERFORMANCE STANDARDS, QUALITY ASSURANCE AND QUALITY IMPROVEMENT

4.7.1. The Quality Assurance and Surveillance Plan (QASP) outlines required standards and will be a part of the resultant contract.

4.8 REGISTRATION WITH CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS):

4.8.1 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 $250,000 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.

4.8.2 Each Contractor whose contract award is estimated to exceed $250,000 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 webptsmh@navy.mil or COMM: 207-438-1690.

4.8.3 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 Contractor’s 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 Contractor’s designated representative for comment. The Contractor representative will have sixty (60) days to submit any comments and re-assign the report to the CO.

4.8.4 Failure for the Contractor’s 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 Contractor’s representative will be “locked out” of the evaluation and may no longer send comments.

5. GOVERNMENT RESPONSIBILITIES

5.1. OVERSIGHT OF SERVICE/PERFORMANCE MONITORING (CONTRACTADMINISTRATION IF NOT ALREADY LISTED IN ANOTHER AREA- I.E. IN SECTION B):

The services to be performed by the Contractor will be monitored by the Contracting Officer’s Representative (COR) or alternate COR.

CONTRACT PERFORMANCE MONITORING:

Record-Keeping Monitoring System: A monitoring system is established for verification of actual hours worked by Contractor employees. The delegated VA COR is officially responsible for verifying contract compliance. The COR will tabulate hours worked utilizing service line supervisor signing off on technician’s timecard and sending COR electronic time sheet with documented hours, and other methods of documentation deemed appropriate for this purpose. Failure of Contractor employees to utilize the sign-in sign-out on contractor’s timesheet and VA electronic time sheet to properly document attendance may result in nonpayment for on-site hours which cannot be verified.

5.2. VA SUPPORT PERSONNEL, SERVICES OR EQUIPMENT:

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

6. SPECIAL CONTRACT REQUIREMENTS:

Under the authority of Public Law 104-262 and 38 USC 8153, the contractor agrees to provide Professional and Allied Healthcare Staffing Services personnel and services in accordance with the terms and conditions stated herein, to furnish to and at the VA Pittsburgh Healthcare System (VAPHS), the services and prices specified in the Section entitled Schedule of Services and Prices/Costs of this contract.

6.1. SERVICES:

The services specified in the Sections entitled Schedule of Services and Prices/Costs and Special contract Requirements may be changed by written modification to this contract. The modification will be prepared by the VA Contracting Officer.

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

The services to be performed by the Contractor will be performed in accordance with VA policies and procedures and the regulations of the Medical Staff Bylaws of the VA facility. VHA Handbook 1660-3, Conflict of Interest Aspects of Contracting for Scarce Medical Specialist Services, Enhanced Use Leases, Health Care Resource Sharing, Fee Basis and…