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FBO DAILY ISSUE OF SEPTEMBER 10, 2010 FBO #3212
SOLICITATION NOTICE

Q -- Cardiology Imaging - Fresno 10/1/2010 - 9/30/2009

Notice Date

9/8/2010
 

Notice Type

Combined Synopsis/Solicitation
 

NAICS

621111 — Offices of Physicians (except Mental Health Specialists)
 

Contracting Office

5342 Dudley Blvd., Bldg. 209;McClellan Park, CA 95652
 

ZIP Code

95652
 

Solicitation Number

VA26110RP0441
 

Response Due

9/17/2010
 

Archive Date

10/17/2010
 

Point of Contact

Eric Toliver
 

E-Mail Address

cting
 

Small Business Set-Aside

N/A
 

Description

1. This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in FAR 12.6, with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. Solicitation documents and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-43. 2. The Department of Veterans Affairs is seeking a Service Disabled Veteran Owned Small Business (SDVOSB), Veteran Owned Small Business (VOSB), HUB Zone, Small Disadvantaged Business (8a), Woman Owned Small Business, Small Business, or other that is able to provide Cardiology services to the Central California Healthcare System (VACCHS), Fresno, CA. Offers from all capable and responsible sources will be considered. Electronic, hand-delivered or properly mailed offers will be accepted. Faxed offers will not be accepted. Contractors responding to this notice need to provide the below information to eric.toliver@va.gov no later than September 17, 2010, 3pm PST. Offers must include a completed price schedule, curriculum vitae for each incumbent and a maximum of three contract references (with correct contact information). 3. The contract period performance will be on or about October 1, 2010 to September 30, 2011. 4. Firms offering a response to this notice should ensure that they are registered in the Central Contractor Registration Database http://www.ccr.gov/ and ensure that the NAICS code 621111 is included in the CCR profile prior to submission of bids; is verified for ownership and control, and is so listed in the Vendor Information Pages database, http://www.VetBiz.gov, if applicable. 5. Proposals will be considered only from offerors who are regularly established in the business called for; and who are financially responsible. Offerors must have the necessary equipment and personnel to furnish services in the volume required, for all items specified under this contract. 6. Successful offeror(s) shall meet all requirements of Federal, State and City codes regarding operation of this type of service or establishment. The contract personnel shall provide services in accordance with the terms, conditions and prices contained herein. Contract costs shall be all-inclusive, including but not limited to salaries, fringe benefits, vacation pay and malpractice expenses. ? A.2 CONTRACT ADMINISTRATION DATA (continuation from Standard Form 1449, block 18A.) 1. Contract Administration: All contract administration matters will be handled by the following individuals: a. CONTRACTOR: b. GOVERNMENT: Eric Toliver/CO Jerry Piekut (90C) VA Northern California Healthcare System 5462 Dudley Blvd., Bldg 209 McClellan Business Park CA 95652 2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor should be mailed to the following address: ________________________________________ ________________________________________ ________________________________________ 3. INVOICES: Invoices shall be submitted in arrears: a. Quarterly[] b. Semi-Annually[] c. Other[Monthly] 4. GOVERNMENT INVOICE ADDRESS: All invoices from the contractor shall be mailed to the following address: Department of Veterans Affairs FMS-VA-2(101) Financial Services Center PO Box 149971 Austin TX 78714-8971 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows: AMENDMENT NO DATE ______________________________ _____________ ______________________________ _____________ ______________________________ _____________ A.3 SPECIAL CONTRACT REQUIREMENTS Under the authority of Public Law 104-262 and 38 USC 8153, the contractor agrees to provide Health Care Resources in accordance with the terms and conditions stated herein, to furnish to and at the Department of Veterans Affairs Medical Center, VACCHCS, the services and prices specified in the Section entitled Schedule of Supplies/Services of this contract. 1. SERVICES: a. The services specified in the Sections entitled Schedule of Supplies/Services and Special Contract Requirements may be changed by written modification to this contract. b. 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. c. The services to be performed by the contractor will be performed in accordance with VA policies and procedures and the regulations of the medical staff by laws of the VA facility. 2. TERM OF CONTRACT: This contract is effective one year from date of award. The contract is subject to the availability of funds. The contractor shall perform no services after September 30 of any year until the Contracting Officer authorizes such services in writing. 3. QUALIFICATIONS: Personnel assigned by the Contractor to perform the services covered by this contract shall be licensed in a State, Territory, or Commonwealth of the United States or the District of Columbia. All licenses held by the personnel working on this contract shall be full and unrestricted licenses. The qualifications of such personnel shall also be subject to review by the VA Chief of Staff and approval by the VA Facility Director. Each person assigned to work under this contract shall be licensed by (State of California). 4. WORK HOURS: a. The services covered by this contract shall be furnished by the contractor as defined herein. The contractor will not be required, except in case of emergency, to furnish such services during off-duty hours as described below. b. The following terms have the following meanings: (1) Work hours: Monday through Friday, 8:00 a.m. - 4:30 p.m. (2) National Holidays: The 10 holidays observed by the Federal Government are: New Years DayMartin Luther King's BirthdayPresidents DayMemorial DayIndependence Day Labor DayColumbus DayVeterans DayThanksgivingChristmas (AND) any other day specifically declared by the President of the United States to be a national holiday. (3) Off-Duty hours: Friday through Monday, 4:30 p.m. - 8:00 a.m. 5. PERSONNEL POLICY: The contractor shall be responsible for protecting the personnel furnishing services under this contract. To carry out this responsibility, the contractor shall provide the following for these personnel: - workers compensation - professional liability insurance - health examinations - income tax withholding, and - social security payments. The parties agree that the contractor, its employees, agents and subcontractors shall not be considered VA employees for any purpose. 6. RECORD KEEPING: The VA Medical Center, VACCHCS shall establish and maintain a record keeping system that will record the hours worked by the contractor employee(s). Contractor's employee(s) shall report to Medical Services Administrative Officer, or designee upon arrival at the VACCHCS. Contractor will provide health care to patients seeking such care from or through VA. As such, contractor is considered part of the Department health activity for purposes of the following statutes and the VA regulations implementing these statutes: the Privacy Act, 5.U.S.C. § 552a, and 38 U.S.C. §s 5701, 5705 and 7332. Contractor and its employees may have access to VA patient medical records to the extent necessary for the contract or to perform this contract. Notwithstanding any other provision of this contract, contractor and its employees may disclose patient treatment records only pursuant to explicit disclosure authority from VA. Contractor and its employees are subject to the penalties and liabilities provided statutes and regulations for unauthorized disclosures of such records and their contents." "Records created by the contractor in the course of treating VA patients under this agreement are the property of the VA and shall not be accessed, released, transferred or destroyed except in accordance with applicable federal law and regulations." Upon the expiration of this contract or termination of the contract, the contractor will promptly provide the VA with the individually identified VA patient treatment records. 7. CONTRACT PERFORMANCE MONITORING: Monitoring of contractors time shall be demonstrated through sign-in/ sign-out sheets. The contractor shall be required to sign an attendance log upon reporting to work and departing from work. The COTR, Efren Hernandez, Administrative Officer, shall be the VA official responsible for verifying contract compliance. After contract award, any incidents of contractor noncompliance as evidenced by the monitoring procedures shall be forwarded immediately to the Contracting Officer. 8. KEY PERSONNEL AND TEMPORARY EMERGENCY SUBSTITUTIONS: The Contractor shall assign to this contract the following key personnel: a. During the first ninety (90) days of performance, the Contractor shall list all key personnel and any changes which require VA approval in FAR Addendum 52.212-1, additionally, make NO substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer, in writing, within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period of the contract, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions. b. The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes shall have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 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. c. For temporary substitutions where the key person will not be reporting to work for three (3) consecutive work days or more, the Contractor will provide a qualified replacement for the key person. This substitute shall have comparable qualifications to the key person. Any period exceeding two weeks will require the procedure as stated above. ? 1. DESCRIPTION / SPECIFICATIONS / STATEMENT OF WORK 1.1. This contract is for the provision of imaging services to eligible VA beneficiaries, in accordance with the terms and conditions stated herein. Quantities listed are estimates only. The Government is not obligated to any specified amount of products and/or services, if any, but shall be obligated to provide payments for all items/services furnished in accordance with this contract. The Contractor shall provide a full spectrum of imaging services at the Contractor's facility, located in Fresno, CA. 1.2. These services will be performed for the VA Medical Center, Central California Health Care System, (VACCHCS) in Fresno, California (hereafter, known as the VA) as outlined below. Elective cases will be referred to other VA medical centers or non-VA facilities on a case-by-case basis as part of a comprehensive imaging service for diagnostic and therapeutic cardiology and imaging surgery. The use of the ICU, operating room and recovery room services, including all professional fees are inclusive of this contract. 1.3. Contractor physicians who provide any of the imaging services outlined in this contract must be board certified/board eligible in this specialty area by an American Board of Medical Specialty. The Offeror is required to submit to the VA with the contract proposal, the names of all the imaging surgeons who will be providing services. Procedures include but are not limited to: Routine (plain radiograph) imaging and interpretation; CT imaging and interpretation; Nuclear cardiology and interpretation; Ultrasound imaging and interpretation; Interventional procedures. 2. TERM OF AGREEMENT: 2.1. This agreement is from the effective award date through September 30, 2011. 2.2. This agreement is effective for the period identified in the "Schedule of Supplies and Service" and is subject to the availability of VA funds. Services will not be performed by the contractor beyond the expiration date, unless specifically authorized to do so (in writing) by the Contracting Officer. 2.3. General: The Contractor shall assume full responsibility for the protection of its personnel furnishing services under this contract. Contractor personnel performing services under this agreement will not be considered VACCHCS employees for any purpose. The VA will not make payment for any holidays or leave including sick leave or any other benefits financial or other. In addition, the contractor shall be required to provide their own worker's compensation, liability insurance, health examinations, income tax withholdings and social security payments. 2.4. The Contractor shall provide a certificate of insurance evidencing liability coverage including the name of the insurance carrier, limits of liability and type of coverage. Also a certificate of insurance will be provided evidencing liability coverage for each Physician Provider including the name of the insurance carrier, limits of liability and type of coverage. See VAAR Clause 852.237-7 for coverage. 2.5. To ensure that the individuals providing services under the contract have not engaged in fraud or abuse regarding Sections 1128 and 1128A of the Social Security Act regarding federal health care programs, the contractor is required to check the Health and Human Service - Office of Inspector General, List of excluded individuals/entities on the OIG Website https://exclusions.oig.hhs.gov/ for each person providing services under this contract. Further the contractor is required to certify in its proposal that all persons listed in the contractor's proposal have been compared against the 01G list and are not listed. During the performance of this contract the Contractor is prohibited from using any individual or business listed on the List of Excluded Individuals/Entities. 2.6. 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 $100,000, 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, the Contractor Performance System (CPS), which is maintained by the National Institutes of Health (NIH). The CPS database information is shared with the Past Performance Information Retrieval System (PPIRS) database, which is available to all Federal agencies. Each contractor whose contract award is estimated to exceed $100,000 is required to register with the NIH CPS database at the following web address: https://cpscontractor.nih.gov. Help in registering can be obtained by calling (301) 451-2771. Registration should occur no later than thirty days after contract award, and must be kept current should there be any change to the contractor's registered representative. 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 CPS to the contractor's designated representative for comment. The contractor representative will have thirty days to submit any comments and re-assign the report to the VA contracting officer. Failure to have a current registration with the NIH CPS database, or to re-assign the report to the VA Contracting Officer within those thirty days will result in the Government's evaluation being placed on file in the database with a statement that the contractor failed to respond. 3. PERFORMANCE: 3.1. The Contractor shall perform cardiology services, in the treatment of care for eligible veteran beneficiaries as referred and authorized by VACCHCS. 3.2. Services shall be provided by the Contractor in Fresno, CA. 3.3. Services will be available from the Contractor within one (1) hour of notification by the VA, seven days per week, 24 hours per day including all holidays. 3.4. The contractor will be responsible for all pre-procedure or pre-operative assessment for all VA referrals as requested by the cardiologist or cardiac surgeon. 3.5. The contractor will obtain consent from the referring VA Physician for treatment. 3.6. The Contractor physician will provide an adequate number of trained personnel to care for the VA patient during their hospitalization. 3.7. The Contractor shall designate one person who can be contacted for any clinical problems or issues that arise in the performance of this contract. The designee for the Government is the Contracting Officer Technical Representative for this contract and will be identified after award. 4. REPORTING INFORMATION ABOUT TREATMENT: 4.1. Immediately upon completion of the emergent procedure for which the patient was referred, the Contractor's provider will give a "verbal and fax" report to the referring VA Cardiologist. 4.2. Within 24 hours of discharge, the Contractor will furnish all imaging related medical record related documentation. 4.3. The Contractor shall fax a copy of the attestation statement or coding summary to the VA, Fax No. (559) 882-7492 (ATTN: HIMS, Inpatient Coding Unit) within 5 working days of the patient's discharge from the contractor's facility. At a minimum, the Attestation Statement/Coding Summary shall identify the ICD-9-CM diagnosis and procedure codes (CPT) for the particular case. If an attestation statement or coding summary is not available, the following documentation should be faxed to the VA: history & physical (H&P) or admitting note, discharge summary or discharge note, operative/procedural report or note, pathology report (if applicable). 4.4. For referred patients who expire, the Contractor physician will immediately notify the referring Cardiologist or Cardiologist on call if not during normal duty hours, with an explanation of the circumstances and probable cause of death. The VA will receive the remains, make the arrangements for autopsy if needed, notify the next of kin and assist in burial arrangements. All pertinent medical records described above will be furnished to the VA expired patients. The contractor will notify the Medical Examiner when required by law. 4.5. Any proposed change in physician providers or the availability of a service will be reported 14 days prior to any procedures. The physician's Curriculum Vitae (CV), insurance coverage, current clinical privileges and the number of times each procedure was performed by the physician within the last year will be provided to the Contracting Officer's Technical Representative (COTR). The 14 calendar days prior to change in physician or any procedure will be the allotted time allowed for verification by the VA. 5. TRANSPORTATION: 5.1. The VA is responsible for providing round-trip transportation for all VA inpatients. VA outpatients will be responsible for providing their own transportation. In situations requiring emergency transfers (after normal business hours, such as nights, weekends, holidays) and in the event the VA is unable to transport VA inpatients and the Contractor provides the transportation, the VA shall reimburse the Contractor for the service. VA's Administrative Officer of the Day (AOD) shall provide advance authorization for the Contractor to transport in accordance with VA travel regulations. 6. LICENSURE/QUALIFICATIONS: 6.1. Personnel assigned by the Contractor to perform the services covered by this contract shall have a full and unrestricted license in a State, Territory, or Commonwealth of the United States or the District of Columbia. Physicians assigned to this contract shall be legally authorized to practice in the State of California. The qualifications of such personnel shall also be subject to review by the VA Chief of Staff and approved by the VA Facility Director. 6.2. Must meet medical staff criteria for initial appointment and reappraisal in accordance with VHA Handbook 1100.19, entitled Credentialing and Privileging (see Appendix 2) to practice medicine at VACCHCS prior to beginning work, available upon request. 6.3. Any conflicts that may arise regarding patient care shall be coordinated with the Chief of Medical Service. 6.4 The Contracting Officer Technical Representative (COTR) shall monitor performance through a list of patients that the physician cared for and will verify this through the records indicated in Computerized Patient Record System (CPRS). The Chief of Cardiology Section, Medical Service will verify quality of patient care through the Protected Peer Review process and the On-going Provider Practice Evaluation (OPPE). 6.5 The Contractor will be responsible for ensuring that the physician providing services under this contract is fully trained and completely competent to perform the required services covered by this contract. American Board Certifications in Internal Medicine and Cardiology are required. 6.6 The Contractor will be responsible for any license and certification required by the state of California to perform Internal Medicine services. The physician must also be have Basic Life Support (BLS) certification and Advance Certification for Life Support (ACLS). 7. MONITORING PROCEDURES: 7.1 The service to be performed by the Contractor will be under the direction of the Contracting Officer Technical Representative (COTR) of Medical Service and Medical Center Director at the VACCHCS Fresno, CA. The COTR will be designated to represent the Contracting Officer in furnishing technical guidance and advice under this contract. The foregoing is not to be construed as authorization to interpret or furnish advice and information to the VA Central California Healthcare System relative to the financial or legal aspects of the contract. Those matters are the responsibility of the Contracting Officer and shall not be delegated. Contract monitoring of authorized procedures will be accomplished through records certified by the COTR. 7.2. The Government may evaluate the quality of professional and administrative services provided, but retain no control over the medical, professional aspects of services rendered (e.g. professional judgments, diagnosis for specific medical treatment). 7.3. TJC, VHA (VETERANS HEALTH ADMINISTRATION) AND OTHER STANDARDS: The Contractor(s) must perform the required work in accordance with The Joint Commission (TJC) standards. The Contractor(s) must comply with all annual updates as issued. 7.4. Contractor agrees to maintain the minimum acceptable service, reporting systems and quality control as specified herein. Failure to comply with the specified terms and conditions and/or adverse reports from external monitoring agencies that indicate poor quality of care may be grounds for termination of the contract. Immediate (within 24 hours) notification must be given to VA regarding adverse action by a regulatory agency. 7.5. HEALTH AND HUMAN SERVICES OFFICE OF THE INSPECTOR GENERAL: To insure that the individual providing services under the contract have not engaged in fraud or abuse regarding Sections 1128 and 1128A of the Social Security Act regarding Federal health care programs, the Contractor is required to check the Health and Human Services, Office of the Inspector General List of Excluded Individuals/Entities on the OIG Website (www.hhs.00v/oio) for each person providing services under this contract. Further the Contractor is required to certify in its proposal that all persons listed in the Contractor's proposal have been compared against the OIG list and are not listed. During the performance of this contract the Contractor is prohibited from using any individual or business listed on the List of Excluded Individuals/Entities. 8. MEDICARE/MEDICAID COMPLIANCE: 8.1. Contractor represents and warrants that it is in compliance with Medicare, Medicaid, and any other related federal, state, statutes, regulations, rules, policies and that neither they nor their agents, officers, employees, assigns or successors in interest are excluded from participation in the Medicare, Medicaid, or related federal or state programs. Further, Contractor shall immediately notify the Contracting Officer of the exclusion from such programs of any of its agents, officers, employees, assigns, or successors, in interest. Such exclusion shall be grounds for immediate termination of the contract. 8.2. The Department of Veterans Affairs is allowed according to public law 99-272 and 101-508, to seek reimbursement from health insurance carriers for the cost of medical care and treatment provided to veterans for their non-service connected conditions. 9. CONFIDENTIALITY: 9.1. VA will provide the Contractor access to pertinent patient medical information, within the existing privacy rules and regulations, for the purpose of providing coordinated comprehensive primary care. The Contractor shall ensure the confidentiality of all patient information and shall be held liable in the event of the breach of confidentiality. The contract shall be subject to the Privacy Act of 1974. Federal Acquisition Regulations 52.224-1 Privacy Act Notification and 52.224-2 Privacy Act are provided by reference in Section C, "Clauses Incorporated by Reference Section" under FAR Clause 52.252-2. The Contractor is not authorized to release any medical record information. The VA is the sole entity authorized to release this information upon written request from the patient. 9.2. MEDICAL RECORD REQUIREMENTS: The Contractor shall provide medical record documentation in accordance with rules and regulations of the medical staff and medical staff by-laws. 9.3. Records created by the Contractor in the course of treating VA patients under this agreement are the property of the VA and shall not be accessed, released, transferred or destroyed except in accordance with applicable federal law and regulations. 10. CONTRACT ADMINISTRATION DATA: 10.1. The Contracting Officer is the only person authorized to approve changes or modify any of the requirements under this contract. The Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer is authorized to make commitments or issue changes that will affect price, quantity, or quality of performance of this contract. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change shall be considered to have been made without authority and no adjustment will be made in contract price to cover any increase in costs incurred as a result thereof. The Contractor must obtain authorization from the Contracting Officer for any services required outside the scope of work provided herein. 11. DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE (COTR): 11.1. A VA technical representative of the Contracting Officer will be designated to represent the Contracting Officer in furnishing technical guidance and advice regarding the work being performed under this contract. The foregoing is not to be construed as authorization to interpret or furnish advice and information to the Contractor relative to the financial or legal aspects of the contract. Enforcement of these segments is vested in and is the responsibility of the Contracting Officer. 12. BILLING: 12.1. The Contractor shall invoice the VA within thirty (30) days of completion of treatment for each patient. Invoices shall be itemized per patient per procedure. 12.2. The VA beneficiaries shall not under any circumstances be charged nor their insurance companies charged for services rendered by the contractor even if VA does not pay for those services. The Contractor shall provide billing using HCFA Form 1500 and UB04 indicating CPT/RT (Current Procedure Terminology for Anesthesia) codes. The Contractor shall agree to hold all information, received in performance of a task order in strict confidence, and not disclose it either to any person outside the Ordering Agency with whom it has a task order, not to any Contractor employee not involved in the performance of a task order. Furthermore, the Contractor agrees not to use any such confidential or nonpublic information for any other purpose than the performance of a task order. 12.3. All financial, statistical, personnel, and technical data which is furnished, produced or otherwise available to the Contractor during the performance of this contract are considered confidential business information and shall not be used for purposes other than performance of work under this contract. Such data or information shall not be released nor legal rights claimed by the Contractor without prior written consent of the ordering activity. Any presentation of any statistical or analytical materials, or any reports based on information obtained from studies covered by this contract will be subject to review and approval by the Contracting Officer before publication or dissemination. 12.4. A record-keeping system of the contract physician's services performed shall be established by VACCHCS. Payment made during all periods of performance of this agreement shall constitute the total cost for services rendered by the contractor, and shall not exceed the amounts specified in the "Schedule of Supplies and Services" without written request and the written approval from the Contracting Officer. 12.5. Invoices rendered by the contractor to VACCHCS for services furnished under this agreement, will be invoiced, using UB04 and HCFA forms, in full for each month in which services were performed. All payments made under this contract will be made monthly in arrears in accordance with FAR Clause 52.212-4. No advance payments will be authorized. Invoices shall be mailed to the COTR, Efren Hernandez, Administrative Officer, for Medical Service (111), VACCHCS, 2615 E. Clinton Ave, Fresno, CA 93703. 12.6. Invoices submitted will show the dates of the services provided. Invoices will be reviewed for appropriateness for the services requested by VACCHCS. All invoices applicable to this agreement must be submitted no later than thirty (30) days after the end of the contract period. Any problems regarding unpaid invoices should be directed to the COTR. 12.7. At a minimum, each invoice must contain the following: Dates and hours of services provided, unit price, contract number, tax ID number, the company's name, period of performance, description of services, billed dollar amount, total cost of services provided, and remittance address. All invoices must include the name, title and phone number of person to be notified in the event of defective invoicing. 12.8. All invoices must be submitted for actual services performed by the physician. Invoices shall be submitted in accordance with, and at the prices specified in the continuation of SF Form 1449, Schedule of Supplies and Services of this agreement. 12.9. Payments: Payment will be paid monthly in arrears upon receipt of a proper invoice for the services furnished in the previous month. The invoice shall identify unit price, contract number, tax ID number, the company's name, period of performance, description of services, billed dollar amount, total cost of services provided, and remittance address. Payment will be made by the VA Finance Center located in Texas through electronic funds transfer. 13. NONDISCLOSURE OF INFORMATION: 13.1. The Contractor shall ensure the confidentiality of all patient medical records. Information contained in these records may not be disclosed to any person or agency, except pursuant to a written request and with the prior written consent of the individual to whom the records pertain. However, this obligation shall not prevent the disclosure of patient medical records to officials and employees of departments and agencies of the U. S. Government acting in the performance of their official duties; to officials and employees of local and State Governments; and agencies in the performance of the official duties pursuant to laws and regulations governing the local control of communicable diseases, preventive medicine, and safety programs, child/spouse/elder abuse or neglect programs, or other public health and welfare programs, to official representatives of authorized surveying bodies during the conduct of certification and accreditation reviews, or to third party payers to whom the patent has authorized release of information. 13.2. Complete administrative control of patients' records remains with the Government. All records produced in the performance of this contract and all evaluations of patients are the property of, and subject to the exclusive control of, the VA. All records shall be maintained In accordance with medical treatment facility guidelines, quarterly basis, and data on processes, outcomes, patient satisfaction, and quality control. Appropriate statistical quality control techniques must be utilized. 14. TORT CLAIMS: Applicable federal laws, rules and regulations shall govern liability for damages resulting from the official conduct of the Contractor providing services under this contract. Such damages might include, but are not limited to loss of equipment or property. Tort Claims against the government under this contract shall be filed in accordance with the Federal Tort Claims Act, 28 U.S.C. 2671-2680. The Federal Tort Claims Act does not cover Contractor's employees. When a contractor's employee has been identified as a provider in a tort claim, the Contractor's employee is responsible for notifying the Contractor's legal counsel and/or insurance carrier. Any settlement or judgment arising from a contractor's employee's action or non-action is the responsibility of the Contractor and/or insurance carrier. 15. TECHNICAL EVALUATION: Contractor shall attach a copy of the California license and any other accrediting materials from the American College for Cooperative Group certification. 16. QUALITY MANAGEMENT AND QUALITY CONTROL: 16.1. All information required by the Food and Drug Administration (FDA) for tracking of devices implanted during surgery will be included in the patient's record upon transfer. 16.2. The contractor shall submit quarterly reports to the VA Central California Healthcare System's Chief of Staff's Office delineating the following elements relating to all imaging patients and specifically to Veterans referred to the contractor by VA Central California: a. Morbidity and mortality data - including myocardial infarction rates b. Complication rates - including infection, post-operative complications, etc. c. Hospitalization within 30 days of procedure/surgery d. Performance improvement and quality control activities 16.3. The Chief of Staff shall be notified of sentinel events as defined by The Joint Commission and Code 15, events as defined by the Agency for Health Care Administration immediately upon occurrence. 16.4. All disclosures of adverse events involving the patient will be documented and sent to the VA Central California Healthcare System's Quality Management Service. 16.5. Personnel providing services under this contract are required to actively participate in quality management activities as follows: a. All cardiology centers providing contract services must comply with JCAHO regulations The Contractor must provide the VA with documentation resulting from any inspections that occur during the term of this contract and must inform the VA of any citations received from any oversight body. This documentation shall be submitted to the Chief of Staff's Office within three (3) business days. b. The VA Medical Center Technical Evaluation Committee may conduct an inspection of contractor's facilities prior to and during the contract. The Contractor will permit on-site visits by VA to assure compliance with contract requirements. Contractor will make all records accessible for a review. c. The Contractor will have an operational performance improvement process including but not limited to data collection, assessment and performance improvement. Quality data regarding all care provided by the Contractor must be maintained and available to the VA for use in Performance Measure/Quality Improvement conformance and analysis. d. Costs of this contract shall be based on the Fee Schedule of the Medicare rate for this locality. CPT codes are updated annually and shall take effect January of each calendar year Fees shall be based on the Medicare Fee Schedule in effect at the time services were rendered. Procedures not specifically listed in the schedule shall be billed using the appropriate CPT code and current Medicare rate adjusted by the discount of the schedule. Billings shall be in accordance with (attachment) 38 CFR 17.56, Payment for non-VA physician services associated with outpatient and inpatient care provided all non-VA facilities. The contract price is payment in full. Billings submitted by the Contractor to the Central California Health Care System for services furnished to a VA beneficiary under the terms of this contract shall be considered a complete billing. The beneficiary, his/her insurer, nor any third party shall be billed. The Contractor shall not bill the patient or the patient's private insurance or Medicare for the services provided under this contract. VA is obligated to pay in full for the items and services provided. 17. HANDLING OF RECORDS: 17.1. By performing services under this contract, the Contractor is considered part of the VA healthcare activity for purposes of the following statutes and respective regulations implementing these statutes: Title 5 U.S.C Section 552a (Privacy Act), Title 38 U.S.C. Section 5701, Title 38 U.S.C. Section 5705, Title 38 U.S.C Section 7332, and Public Law 104-191 (HIPAA). Contract personnel shall have access to patient medical records and general files only to the extent necessary to perform their contractual duties. Contract personnel shall only release medical information obtained during the course of this contract to those VA medical staff members involved in the necessary care and treatment of the individual patient in which the information pertains. Notwithstanding any other clause and/or provision of this contract, if a request for release or disclosure of information is not necessary for the care and treatment of an individual patient, the Contractor and contract personnel shall not disclose any information contained in general files, patient records, and/or any other individually identifiable health information, including information and records generated by the Contractor in performance of this contract, except pursuant to explicit instruction and written approval from VA. For the purposes of this paragraph, instruction to disclose or copy such records and/or information may only be provided by the following: VA Regional Counsel and Chief, Health Information Management Service/Privacy Officer through the VA Contracting Officer. Violation of the aforementioned statutes may result in criminal and/or civil penalties. 17.2. Contract personnel who obtain access to hardware or media which may manipulate or store drug or alcohol abuse data, sickle cell anemia treatment records, records or tests or treatment for or infection with HIV, medical quality assurance records, or any other sensitive information protected under the statues and implementing regulations previously mentioned in paragraph 6, above, shall not have access to the records unless absolutely necessary to perform their contractual duties. Any contract person who has access to the previously mentioned data and/or information must not disclose it to anyone, including other contract personnel not involved in the performance of the particular contractual duty for which access to this data and/or information was obtained. 17.3. Information or records accessed and/or created by the Contractor in the course of performing services under this contract are the property of the VA and shall not be accessed, released, transferred, or destroyed except in accordance with applicable federal law, regulations, and/or VA/VHA policy. All records will remain the property of the VACCHCS under their exclusive control. Control and jurisdiction of the patient shall remain with the VACCHCS. The Contractor will not copy information contained in VA information systems, either by printing to paper or by copying to another digital format, without the explicit instruction and written approval from of the VA officials, except as is necessary to make single copies in the ordinary course of providing patient care. The Contractor will not commingle the data from VA information systems with information from other sources. Contractor shall report any unauthorized disclosure of VA information to the VA officials. 17.4. If this contract is terminated for any reason, the Contractor will provide VA with all individually identifiable VA patient treatment records or other information in its possession, as well as any copies made pursuant to paragraph 6 above, within seven (7) calendar days of the termination of this contract. 17.5. The Contractor shall follow all VA policies regarding the retention of records. As an alternative, the Contractor may deliver the records to VA for retention. 17.6. The Contractor shall follow all of the previously mentioned statutes and respective regulations implementing these statutes as well as VHA Handbook 1605.1 - Privacy and Release of Information and any other VA/VHA policies and procedures governing the information discussed in this section of the contract. Copies of the information discussed in the aforementioned paragraphs may be viewed by contract personnel in the Office of Health Information Management (see the Privacy Act Officer). All contract personnel with access to any of the previously mentioned records (electronic or paper) will be required to complete VHA Privacy Policy Training before accessing such record systems. This training must also be completed annually. The COTR will be responsible for ensuring and documenting that this requirement is satisfied. 17.7. Any changes in the laws, regulations, or VA/VHA policies or procedures governing the information covered by this section of the contract, during the term of this contract, shall be deemed to be incorporated into this contract. 17.8. VA has unrestricted access to the records generated by the contractor pursuant to this contract. 17.9. Documentation as necessary to any/all patient records will occur within the time frames established by TJC. 18. HIPAA COMPLIANCE: 18.1 Under HIPAA Privacy and Security Rules, the Contractor providing services under this contract is considered to be a "covered entity," and thus is not required to enter into a Business Associate Agreement with VA. However, the Contractor must observe Public Law 104-191 and all respective regulations implementing this law while providing services under this contract. 19. INFECTION CONTROL REQUIREMENTS: 19.1. Health Tests - Evaluations and tests shall be current within the past year, except as noted. At VA's request, the contractor shall provide proof that all requirements are current and fully met as described, within 2 days of request. The contractor shall verify and document that all employees who provide patient care services for the VA have the following before they provide any service related to this contract: 19.2. History and Physical 19.3. By signing this contract, the Contractor certifies that all employees assigned to work on this contract are current in Universal Precautions and are aware of pertinent OSHA and Universal Precautions Regulations. 19.3. Tuberculosis Screening and Testing - For those with previous documented positive purified protein derivative (PPD) test results: All contractor personnel shall provide a note from their physician, dated within the past three months stating they are free of any signs and symptoms of tuberculosis. This evaluation will be renewed annually. 19.4. For those with previously negative PPD skin test results: personnel shall provide proof of a negative reaction to PPD testing, performed in accordance with the latest CDC standards and CDHS/California Tuberculosis Controllers Association guidelines, with the past six (6) months. This test shall be renewed annually. 19.5 For PPD skin converters (a change from a previously negative skin test to positive; defined as an increase in duration of 10mm or more within 2 years): An evaluation from their physician within 30 days of the positive test stating they are free from signs/symptoms of TB and indicating whether prophylactic treatment is indicated. If treatment is indicated, a note from the physician stating it was satisfactorily completed. 19.6. Rubella Testing - All contractor personnel shall provide proof of immunization 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 provided to the COTR. Combined vaccine measles-mumps-rubella (MMR) is the vaccine of choice if individuals are likely to be susceptible to more than one of the three diseases and is required for all persons born after 1956. 19.7. Varicella (chicken pox) testing - Provide a history' of Varicella (chicken pox) or, if unknown, results of a Varicella antibody test; and if non-immune, must be vaccinated with vaccination with VARIVAX. 19.8. Hepatitis B (Hepatitis B-Surface Antibody Titer). Either has received the Hepatitis B vaccine series, or are immune as a result of acquired infection, or have been offered and refused the vaccinations. 19.9. The contractor will provide documentation of all their employees Hepatitis B vaccinations records. 19.9.1. Unvaccinated contractor will be offered Hepatitis B vaccine at no cost to the contractor. A signed consent or declination forms is required in the employee refuses vaccination. 19.9.2. The contractor shall have successfully completed cardiopulmonary resuscitation (BLS) training. 19.9.3. OSHA Regulations - Occupational Exposure to Blood Borne Pathogens: 19.9.4. Health Tests - Contractor personnel shall provide, upon VACCHCS' request to review, proof of the following tests within five (5) days prior to providing services. Tests shall be current within the past year. 19.9.5. Tuberculosis Testing - All Contractor personnel shall provide proof of a negative reaction to purified protein derivative (PPD) testing. A negative chest radiographic report for active tuberculosis shall be provided in cases of positive PPD results. The PPD test shall be repeated annually. 19.9.6. Rubella Testing - All contractor personnel shall provide proof of immunization for measles, mumps, rubella or a rubella titer of 1.8 or greater. If the titer is less than 1.8, a rubella immunization must be administered with follow-up documentation to the COTR. 19.9.7. OSHA regulation concerning occupational exposure to blood-borne pathogens - The contractor shall provide a generic self study training module to its personnel; provide Hepatitis B vaccination series at no cost to its personnel who elect to receive it; maintain and distribute an exposure determination and control plan to its personnel; maintain required records; and ensure that proper follow-up evaluation is provided following an exposure incident. 19.9.8. Contracted physician shall receive training in universal precautions and blood borne pathogens, TB education, hazardous material management and life safety management (fire preparedness). Training will be provided prior to initial assignment, at annually thereafter and as needed. 19.9.9. VA will notify the contractor of any significant communicable disease exposures as appropriate. The contractor's occupational health provider shall adhere to current CDC/HICPAC Guideline for "infection control" in health care personnel (AJIC 1998; 26:289-354) for disease control. The contracting agency shall provide follow up documentation of employee's clearance to return to the workplace prior to their return. 20. CONTRACTOR PERSONNEL SECURITY REQUIREMENTS - INFORMATION SYSTEMS ACCESS 20.1. All Contractor employees, who require access to VA computer systems and will work more than six (6) months (180 days) under this contract, shall be the subject of a background investigation and must receive a favorable adjudication from the VA SIC. This requirement is applicable to all subcontractor personnel requiring the same access. If the investigation is not completed prior to the start date of the contract, the Contractor will be responsible for the actions of those individuals they provide to perform work for VA. Contractor personnel who previously received a favorable adjudication as a result of a Government background investigation may be exempt from this contract requirement provided that they can provide documentation to support the previous adjudication. Proof of previous adjudication must be submitted by the Contractor to VA SIC through the VA Contracting Officer. Proof of previous adjudication is subject to verification by the VA SIC. Some positions maybe subject to periodic re-investigation. For those Contractor employees who will work less than six (6) months (180 days) under this contract, a background investigation is not required; however, such employees will be required to initiate a SAC for Fingerprint Only prior to providing services under this contract. 20.2. Position Sensitivity - The position sensitivity has been designated as: Low Risk 20.3. Background Investigation - The level of background investigation commensurate with the required level of access is: NACI 20.4. Contractor Responsibilities. In order to conduct a background investigation the Contractor shall submit or have their contract personnel submit the following required forms to the COTR. The COTR will arrange a time for contract personnel to complete fingerprint verification. 20.5. Standard Form 85, Questionnaire for Non-Sensitive Positions 20.6. Standard Form 86A, Continuation Sheet for Questionnaires 20.7. Optional Form 306, Declaration for Federal Employment 20.8. Electronic Fingerprint Verification OR FD 258, U.S. Department of Justice Fingerprint Applicant Chart 21. Access/Safeguard of VA Information/Computer Systems: 21.1. VA may provide contract personnel with access to VISTA (formerly referred to as DHCP) and/or other general files maintained on VA computer systems via personalized VA access codes. These access codes are confidential and are to be protected by the end user. Sharing of these access codes or misuse of VA information/computer systems is a Federal crime and may result in criminal penalties. When contract personnel no longer provides services to VA under the contract or no longer needs access to VA information systems, the Contractor shall immediately inform the COTR so that the appropriate contract person's access codes can be deactivated. The COTR will be responsible for ensuring that such access codes are deactivated. 21.2. All contract personnel accessing VISTA, or any other VA information/computer system, will be required to complete VA Cyber Security Awareness Training annually and sign all applicable computer user agreements prior to accessing VA systems. The COTR will be responsible for ensuring and documenting that this requirement is satisfied. Contract personnel shall maintain, access, release, and otherwise manage the information contained on VA information/computer systems in accordance with all VA/VHA security policies, applicable VA confidentiality statutes (Title 38 U.S.C. Section 5701 and Title 38 U.S.C Section 7332) and the respective regulations implementing these statutes, and Federal statutes and/or regulations applicable to Federal agency records. Copies of this information discussed in the aforementioned paragraphs can be provided to the Contractor and contract personnel upon request. 21.3. Contract personnel with access to VA information/computer systems shall take reasonable safeguards, both physical and electronic, to safeguard the information and prevent unauthorized disclosures. Should contract personnel know, or suspect, that VA information/computer security was compromised or that VA information was, or could possibly be, disclosed to an unauthorized party, contract personnel must immediately report such knowledge or suspicion to the COTR, who will then immediately notify the appropriate VA officials. 21.4. If contract personnel are authorized by VA to access VA information/computer systems remotely via non-VA issued computers, the Contractor will ensure that such computers are consistent with VA requirements, and will upgrade those computers (hardware and/or software) if instructed to do so by VA in order to ensure compatibility and security when VA information/computer systems are accessed by the end user. Individually identifiable health information will not reside on the contractor's computer hard drives. After contract award, VA reserves the right to inspect the contractor's facilities, installations, operations, documentation, records, databases, and computers to ensure these requirements are met. 21.5. The Contractor shall make its internal policies and practices regarding the safeguarding of medical and/or electronic information available to VA, and any other Federal agencies with enforcement authority over the maintenance and safeguard of such records, upon request. 21.6. The Contractor shall follow all of the previously mentioned statutes and respective regulations implementing these statutes as well as VA Directive 6504 - Restrictions on Transmission, Transportation and Use of, and Access to VA Data Outside a VA Facility, VA Directive 6601 - Removable Storage Media, and any other VA/VHA policies and procedures governing the information discussed in this section of the contract. Copies of the information discussed in the aforementioned paragraphs may be viewed by contract personnel in the Office of Information Security (see the Information Security Officer). 21.7. Any changes in the laws, regulations, or VA/VHA policies or procedures governing the information covered by this section of the contract, during the term of this contract, shall be deemed to be incorporated into this contract. End of Statement ? SCHEDULE OF SUPPLIES/SERVICES PRICE SCHEDULE Period of Performance October 1, 2010 through September 30, 2011 Line Item Description - CategoryCPT rangesEstimated Patients% of current Medicare 0001Imaging Services33010-33980 93303-9388230 Total Estimated Contract Price CLIN 1001 Discount (or) Increase: From Current calendar year HCFA/Medicare rates: = (+/-) (of) 100% End of Schedule
 

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