DOCUMENT
Q -- Grand Junction Sleep Studies - Attachment
- Notice Date
- 7/26/2013
- Notice Type
- Attachment
- NAICS
- 621999
— All Other Miscellaneous Ambulatory Health Care Services
- Contracting Office
- Department of Veterans Affairs;Network Contracting Office;NCO 19;4100 E. Mississippi Avenue, Suite 900;Glendale CO 80246
- ZIP Code
- 80246
- Solicitation Number
- VA25913R0865
- Response Due
- 7/30/2013
- Archive Date
- 8/19/2013
- Point of Contact
- Adina Torberntsson
- Small Business Set-Aside
- N/A
- Description
- GENERAL REQUIREMENTS 1. Services/Resources Provided 1.1 Contractor shall provide diagnostic medical testing and analysis of services of sleep related respiratory disturbances using a portable, unattended home sleep testing and monitoring device, hereafter referred to as Home Sleep Testing device (HST) to any veteran patient referred by the VA Medical Center (VAMC). 1.2 Contractor shall provide VA referred veterans with a Federal Drug Administration (FDA) 510K approved or Premarket Approved/ Cleared portable diagnostic medical testing device to be used at the residence or other location as identified by the referring Grand Junction VAMC physician. The FDA approved HST device shall be a multichannel HST having a minimum of (4) four monitored channels and shall monitor and record outcome data on either two types of respiratory movement or one type of respiratory movement and one type airflow); either heart rate or ECG; and oxygen saturation, so Apnea Index and Hypopnea Index (A & H indexes) can be calculated. 1.3 Contractor shall provide the prescribing VA physician a comprehensive sleep study report: interpret and analyze all diagnostic outcome data and provide a typed report of interpreted findings and recommendation(s), to include the raw data collected as well as patient reported information, based on a minimum of two nights of data collection. 1.3a For any patient who is diagnosed with sleep apnea and referred for auto-titration studies, Contractor shall provide diagnostic medical testing for continuous positive airway pressure (CPAP) auto-titration studies with a minimum of four nights of raw data provided to the VA referring physician. 1.4 Contractor shall document all patient telephone contact, the Home Sleep Testing (HST) or pulse oximeter findings and interpretations and submit a comprehensive diagnostic assessment in the form of a report, including recommendations, for each assessed referred patient within (20) twenty-calendar days of the referring VAMC physician's initial request. 1.5 Contractor shall also provide the VA referred veteran with a portable pulse oximeter-testing device to be used nocturnally at the residence or other location as identified by the referring Grand Junction VAMC physician. This service shall normally be requested as a follow-up to measure treatment success after a veteran has been treated at the VAMC with continuous positive airway pressure (CPAP) titration treatment. The contractor shall provide the prescribing VA physician with a report to include the raw data collected, based on at least one night of data collection. 1.6 Contractor shall provide all resources including but not limited personnel and equipment, necessary to educate the patient, sanitize equipment, successfully conduct testing/ monitor, collect, analyze, and interpret data, and report the findings and recommendations resulting from at home diagnostic medical testing and analysis services for sleep related respiratory disturbances or nocturnal pulse oximetry. 1.7 Contractor shall provide each patient with applicable medical device instructions for use; toll free telephone customer service and technical support number; and a Patient Reported Information Package (PRIP). The PRIP shall include a questionnaire to collect patient reported information including, but not limited to, patient history, health and lifestyle behaviors and factors (sleep specific and non-sleep specific) to be completed by the referred patient and returned to the Contractor for use in each diagnostic assessment. 1.8 Contractor's staff shall be fully competent and trained in the areas of sleep disorders, portable medical monitoring devices and equipment, patient consultation and possess technical expertise as necessary to successfully conduct, access, and quantify the presence and severity of sleep related respiratory disturbances and their effect on oxygenation, cardiac status, and sleep continuity for any patient referred by the Medical Center (VAMC). 1.9 Contractor, including all staff and physicians providing diagnostic medical testing and analysis services for sleep related respiratory disturbances have the responsibility to meet all federal, state and local regulations pertaining to operating a medical practice or providing services using a medical device, regardless of setting (hospital based, freestanding or other). 2. Referral Process 2.1 The VAMC may refer as many veterans as deemed necessary over any given period, including those patients requiring immediate testing due to medical necessity or policy. 2.2 The designated Medical Center clinical staff will notify the Contractor when a referred veteran patient has been authorized for services and will provide the Contractor all necessary patient contact information. Contractor shall provide the designated Medical Center clinical staff with a customer representative point of contact to include name(s), email address (es), and phone number(s) in the event VA clinical staff must contact the Contractor with questions. 2.3 The Contractor shall make arrangements to schedule the sleep study or nocturnal pulse oximetry directly with each referred patient within (5) five calendar days of the receipt of the referral. All studies shall be performed within (14) fourteen calendar days of the referring VAMC physician's initial request. Contractor shall immediately advise the designated Medical Center clinical staff of any difficulty in communicating with the patient, delay, or inability to schedule or complete the sleep study within the above-specified periods. A "delay" is considered any sleep study not completed and/ or data not returned by the patient affecting the (20) twenty-calendar day report submittal period. 3. Place(s) of Performance 3.1 Diagnostic testing sleep studies or pulse oximetry services shall primarily take place in the referred veteran patient's residence, or other location(s) where the veteran patient may be temporarily located, including a hospital facility, as deemed necessary by the referring physician. 3.2 No geographic restrictions or limitations shall be placed on equipment delivery to any veteran referred for testing. The Contractor shall be capable of servicing an unlimited number of referred veteran patients simultaneously and shall not place limitations on the quantity or location of referred veterans on any given date. 4. 24 Hour Telephone Support Services 4.1 Contractor shall provide toll free telephone customer service and technical support help line with live staff available (24) twenty-four hours (7) seven days a week for patients who have questions regarding medical device equipment use, application, and questions related to data acquisition successful outcome. 4.2 Contractor shall staff the 24-hour telephone support line preferably with an experienced sleep technologist certified by the Board of Registered Polysomnography Technologists (BRPT) or accepted by the BRPT to sit for its certification examination. However, an experienced sleep technician or experienced appropriately trained healthcare practitioner(s) will be minimally acceptable to staff the 24-hour telephone support line and provide effective patient education regarding sensor application and use of the portable medical device. The Contractor's 24-hour telephone support line staff shall be designated as Key Personnel subject to the terms and conditions of the Key Personnel requirements of this contract. 4.3 Contractor shall instruct its personnel to inform all referred patients that in the event of a medical emergency, patients must call 911 or report to the nearest Emergency Department. 4.4 Contractor shall meet the requirements of the Privacy Act, Health Insurance Portability and Accountability Act of 1996 (HIPAA) and Department of Health and Human Services (HSS) final rules, and all confidentiality rights of patients. 5. Contractor Personnel Qualifications 5.1 At a minimum Contractor shall provide an individual who fulfills the eligibility criteria for the sleep medicine certification examination, to compile a comprehensive sleep study report, to provide general oversight of the HST sleep study program and pulse oximetry services, including data analysis, interpretation and scoring, and to provide quality assurance oversight. Preferably Contractor shall provide the services of a Board Certified Sleep Specialist to prepare a comprehensive sleep study report, to provide general oversight of the HST sleep study program and pulse oximetry services, including data analysis, interpretation and scoring, and to provide quality assurance oversight. 5.2 A Board Certified Sleep Specialist is an individual who is board certified in sleep medicine by the American Board of Sleep Medicine (ABSM) i.e., Diplomat of the American Board of Sleep Medicine, DABSM) or by an American Board of Medical Specialties (ABMS) approved board. An individual who fulfills the eligibility criteria for the sleep medicine certification examination is one who has been accepted by an ABMS approved Board to sit for the sub-specialty examination in sleep medicine. The Contractor's Board Certified Sleep Specialist or individual approved by ABMS to sit for the examination in sleep medicine shall be designated as a Key Person subject to the terms and conditions of the Key Personnel requirements of this contract. 5.3 Physicians must be citizens of the United States and possess a degree of doctor in medicine, resulting from a course of education in medicine from a school approved by the Secretary of Veterans Affairs. Physicians must possess a current, full and unrestricted license to practice medicine or surgery in a State, Territory, or Commonwealth of the United States, or in the District of Columbia, and a current registration for said license. 5.4 Contractor shall ensure that all contractor employees providing services under this contract are fully trained and competent to perform the required services herein. Contractor is required to maintain and provide records that document competency/ performance level of contractor employees and sub-contractors providing services under this contract in accordance with the Joint Commission and other regulatory body requirements. The contractor shall provide current copies of these records upon Contracting Officer's l Representative (COR) request. 5.5 Contractor shall ensure that all personnel and staff are proficient in HST patient preparation procedures; sensor application; and basic operation and trouble shooting of the portable medical testing device and its associated equipment. Contractor shall also ensure that all staff and personnel have effective patient assessment and communication skills relative to recognizing and reporting adverse patient conditions, ie, (inability to comprehend equipment application instructions etc.) 5.6 Contractor's employees and subcontractors shall conduct themselves in a professional manner that will ensure an informed patient/physician relationship with mutual respect and courtesy. 6. Key Personnel and Temporary Emergency Substitutions 6.1 The position(s) of: 1. Board Certified Sleep Specialist or an individual who fulfills the eligibility criteria for the ABMS sleep medicine certification examination 2. (24) Hour telephone support line Staff of certified sleep technologist, or sleep technician or appropriately trained healthcare practitioner(s) have been designated as Key Personnel for the term of this contract. 6.2 During the first (90) ninety days of performance, the Contractor shall make NO substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer, in writing, within (15) fifteen calendar days after the occurrence of any of these events and provide the information required under contract terms and conditions listed in the contract. After the initial 90-day period of the contract, the Contractor shall submit all the required credentialing information and all information required under other contract terms and conditions to the Contracting Officer at least 15 days prior to making any permanent substitutions. 6.3 The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes along with credentials, etc. 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. 7. Deliverables 7.1 The Contractor shall submit a comprehensive diagnostic assessment as analyzed, interpreted and prepared by an individual who fulfills the eligibility criteria for the sleep medicine certification examination. The comprehensive sleep study report or pulse oximetry report shall be accompanied by the Patient-Reported information and collected raw data and shall be submitted to the office and/or individual as identified as the referring VAMC Physician. 7.2 If it is determined by the Supervisor, Pulmonary Section, that the interpretation of all summarized data in the comprehensive sleep study report is inadequate, the Contractor will be immediately notified of the inadequacy determination and a repeat study will be ordered at no additional cost to the VAMC or patient. 8. Reporting Requirements 8.1 Contractor shall provide a summary of patients studied each month, delivered not later than the 5th day of each month to the designated Contracting Officer's Representative (COR). This report will include a list of all studies ordered by Grand Junction VAMC physicians with the following information: Initial of patient's last name and last 4 digits of SSN Date ordered Date performed* Date final report was provided to VA physicians.* *If a study has not been performed or a final report has not yet been provided, this must be noted as "pending" with a projected completion date. 9. Quality, Progress and Compliance 9.1 The Government will designate a Contracting Officer's Representative (COR) who will monitor performance to ensure compliance with contract requirements. Quality and timeliness of Sleep Studies and Sleep Study Reports will be monitored by the Chief, Pulmonary Section at Grand Junction VAMC, or their designees and the COR. 9.2 Contractor's diagnostic testing and outcome data scoring criteria, covering scoring protocol and scoring interpretation shall be in writing and consist of a system of standards for scoring apneas and hypopneas. 9.3 Contractor shall have written established infection control policies and procedures and shall exercise Universal Precautions and precautions for prevention of the spread of tuberculosis, as appropriate, for all non-disposable patient use items. 9.4 Contractor shall have written established Quality Control policies, procedures, and standards which shall include an Internal Quality Monitoring Program which consists of systematic activities, undertaken by the contractor to monitor and evaluate the care delivered to VA patients according to predetermined standards and to effect improvement as needed. 10. Contractor Furnished Property 10.1 Contractor shall be responsible for all medical devices and associated equipment at all times. No permanent equipment or supplies shall be supplied to any veteran under the terms and conditions of this contract. 10.2 The Contractor shall be solely responsible for medical devices and equipment to, from, and during transportation to the Veteran patient's residence or other location and shall provide packaging material to be used if necessary for the return shipment. The Contractor shall be responsible for all shipping charges to and from each Veteran's residence or other location. Neither Grand Junction VAMC nor the Veteran will be charged for any damaged equipment regardless of the reason. 10.3 No additional equipment, hardware or software, and personnel shall be acquired as direct or indirect allowable and allocable costs to this contract in performance of the work requirements herein. 11. Non-Personal Services Status Award of this contract will result in a contractual arrangement only and SHALL NOT be construed as a personnel appointment with the VA Medical Center. The services shall not constitute an employer/employee relationship. Payments to the Contractor shall be based on the provision of an end product or the accomplishment of a specific task. Results to be obtained are within the Contractor's own unsupervised determination. The Contractor will not be subject to Government supervision but its efforts will be monitored for quality assurance. The resulting contract will be a non-personal health care services contract, as defined in Federal Acquisition Regulation (FAR) 37.101, under which the contractor is an independent contractor. The Government may evaluate that quality of professional and administrative services provided, but retains no control over the medical, professional aspects of services rendered (e.g., professional judgments, diagnosis for specific medical treatment). The contractor shall indemnify the Government for any liability producing act or omission by the contractor, its employees and agent's occurring during contract performance. The contractor shall maintain medical liability insurance as prescribed in VAAR clause 852.237-7 - Indemnification and Medical Liability Insurance. The Contractor is required to ensure that its subcontractors for provision of health care services contain the requirements of the clause 852.237-7, including the maintenance of medical liability insurance. 12. Payments 12.1 Payment will be made for completed studies only. A "completed study" is defined as a report received in its entirety by the referring VAMC Physician. A completed sleep study report will cover at least two nights of collected sleep data, interpreted outcome data on either two types of respiratory movement or one type of respiratory movement and one type airflow); either heart rate or ECG; and oxygen saturation, as well as a recommendation by a physician who is Board Certified/Eligible in Sleep Medicine or Board Certified / Eligible by an approved board of the American Board of Medical Specialties (ABMS). 12.2 Contractor shall not bill or request payment for repeat studies performed as a result of the Chief, Pulmonary Section's inadequacy determination on the interpretation presented in the original Sleep Study Report. 13. Third Party Insurance Claims The contractor shall not submit a third party claim against the patient's insurance provider or Medicare for any VA patient referred to obtain services under this contract. 14. Liability Insurance 14.1 The Contractor shall carry liability insurance in accordance with VAAR 852.237-7. A copy of the insurance certificate shall be provided to the Contracting Officer before commencement of services under this contract and must have a 30-day advance notice to the Contracting Officer in the event of any cancellation. 14.2 The Contractor shall also be responsible for notifying the Contracting Officer immediately of any changes in insurance coverage for itself or its practitioners or staff. No uninsured entity or person shall perform services under the contract. 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, 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. The modification will be prepared by the VA Contracting Officer and, prior to becoming effective, shall be approved by the VA Under Secretary for Health or his/her designee. b. The Contractor shall provide one firm fixed unit price in accordance with the statement of work requirements for diagnostic medical testing and analysis services of sleep related respiratory disturbances and pulse oximetry services using an all-inclusive firm fixed unit price. The All-Inclusive unit price shall include ALL costs associated with the performance of services in accordance with performing the requirements of the statement of work using an FDA approved portable, unattended, home sleep testing device and or equipment capable of monitoring at a minimum: ventilation or airflow (at least two channels of respiratory movement or respiratory movement and airflow), heart rate or ECG, and oxygen saturation, so Apnea Index and Hypopnea Index (A & H indexes) can be calculated. c. Estimated Quantities depicted in the schedule are based on prior annual ordering quantities from the Grand Junction VAMC Grand Junction, CO. 2. 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 at all times. 3. 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. This does not apply to the Statement of Work (SOW) requirement to provide Twenty-four (24) hour customer service/ technical telephone support telephone with live staff. 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 Day Martin Luther Kings Birthday Presidents Day Memorial Day 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. (3) Off-Duty hours: Friday through Monday, 4:30 p.m. - 8:00 a.m. (4) (24) Hour Telephone Customer and Technical Support: Includes both Work Hours and Off-Duty Hours. 4.Conflict of Interest: The Contractor shall not propose any person who is also an employee of the ECHCS if the employment of that person would create an appearance of conflict of interest. A Government employee who is employed by a Contractor is prohibited from participating personally and substantially on behalf of the Government through decision, approval, disapproval, recommendation, rendering of advice, certifying for payment or otherwise in that contract. No VA employee who is an employee, officer, director, or trustee of an affiliated university, or who has a financial interest in the contract, may lawfully participate in a VA contract or any other Government contract with the university. Authority: Title 18 U.S.C. Section 208(a), and Title 5 Code of Federal Regulations (CFR) Section 2635.402. See attachment, VHA Handbook 1660.03 (see http://www1.va.gov/VHAPUBLICATIONS/ViewPublication.asp?pub_ID=1770 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. Key Personnel and Temporary Emergency Substitutions The Contractor shall assign to this contract the following key personnel in accordance with the SOW requirements: NAME TITLE FUNCTION 1.)_________________________________________________________ 2.)_________________________________________________________ 3.)_________________________________________________________ 4.)_________________________________________________________ a. During the first ninety (90) days of performance, the Contractor shall make NO substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the 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. 7.Quality Assurance: Contractor personnel shall be subject to the same quality assurance standards in meeting or exceeding current recognized National Standards as established by the Joint Commission or as mandated through VHA Quality Assurance Directives and Performance Measures. Copies of the quality assurance standards are on file in the Quality Management Department and will be available to the Contractor. Contractor shall perform services in accordance with the ethical, professional and technical standards of the healthcare industry as consistent with VA Policy, regulations and procedures. Personnel provided by the Contractor shall be technically proficient in the skills necessary to fulfill the Government's requirements, including the ability to speak, understand, read and write English fluently. They shall not introduce new procedures or services without prior recommendation to and approval of the Clinical Medical Director or authorized representative and through the Contracting Officer. The contractor shall be responsible to ensure that contractor employees providing work on this contract are fully trained and completely competent to perform the required. The contractor shall be in compliance with all Joint Commission personnel requirements, to include but not limited to all health screenings, vaccinations, etc. 8.Insurance Liability: VA beneficiaries shall not under any circumstances be charged nor their insurance companies charged for services rendered by the contractor even if the VA does not pay for those services. This provision shall survive the termination or ending of the contract. 9.Medical Records: Patient medical records are confidential and are protected by the Privacy Act of 1974, 5 U.S.C. 552a; VA Claims Confidentiality Statute, 38 U.S.C. 3301 and Drug/Alcohol Abuse Confidentiality Statute, 38 U.S.C. 4132 [Authority: Drug/Alcohol Regs. 42 C.F.R. 2.11(p)(2)]. Any breach of confidentiality and/or unauthorized release of information is subject to monetary penalty. Any individual making unauthorized disclosures may be criminally liable for violations of the Act. 10. HHS/OIG 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 Services - Office of Inspector General (HHS/OIG), List of Excluded Individuals/Entities on the OIG Website (www.hhs.gov/oig) 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. 11. Confidentiality of Patient Records The Contractor is a VA contractor and will assist in the provision of health care to patients seeking such care from or through VA. As such, the Contractor is considered as being part of the Department health care activity. Contractor is considered to be a VA contractor for purposes of the Privacy Act, Title 5 U.S.C. 552a. Further, for the purpose of VA records access and patient confidentiality, Contractor is considered to be a VA contractor for the following provisions: Title 38 U.S.C. 5701, 5705, and 7362. Therefore, Contractor may have access, as would other appropriate components of VA, to patient medical records including patient treatment records pertaining to drug and alcohol abuse, HIV, and sickle cell anemia, to the extent necessary to perform its contractual responsibilities. However, like other components of the Department, and not withstanding any other provisions of the contract, the Contractor is restricted from making disclosures of VA records, or information contained in such records, to which it may have access, except to the extent that explicit disclosure authority from VA has been received. The Contractor is subject to the same penalties and liabilities for unauthorized disclosures of such records as VA. The records referred to above shall be and remain the property of VA and shall not be removed or transferred from VA except in accordance with U.S.C.551a (Privacy Act), 38 U.S.C. 5701 (Confidentiality of claimants records), 5 U.S.C. 552 (FOIA), 38 U.S.C. 5705 (Confidentiality of Medical Quality Assurance Records) 38 U.S.C. 7332 (Confidentiality of certain medical records) and federal laws, rules and regulations. Subject to applicable federal confidentiality or privacy laws, the Contractor, or their designated representatives, and designated representatives of federal regulatory agencies having jurisdiction over Contractor, may have access to VA 's records, at VA's place of business on request during normal business hours, to inspect and review and make copies of such records. 12. Health Insurance Portability and Accountability Act of 1996 (HIPAA) In accordance with 45 CFR 164.502(e), the Privacy Rule includes exceptions to the Business Associate standard. This contract and its requirements meet the following exception and does not require a Business Associate agreement in order for Covered Entity to disclose Protected Health Information to: a health care provider for treatment. Based on this exception, a Business Associate agreement is not required for this contract. 13. Joint Commission Where the contract does not require Joint Commission accreditation or other regulatory body requirements, the Contractor must perform the required work in accordance with JC standards. A copy of these standards may be obtained from the Joint Commission, One Renaissance Blvd., Oakbrook Terrace, IL 60181. 14. Standard of Care The Contractor shall provide a standard of care that is equal to that provided to patients by the Denver VA Medical Center. 15. Registration with Contractor Performance System (CPS) (a)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. (b)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 contacting CPS Support E-mail (cps-support-l@list.nih.gov ) or 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. (c)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. (d)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. 16. Contractor Personnel Security Requirements All contractor employees who have access to the Department of Veterans Affairs Privacy Act protected information shall be the subject of a background investigation and must receive a favorable adjudication from the VA Office of Security and Law Enforcement prior to contract performance. 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 the VA. a.Position Sensitivity. The position sensitivity has been designated as low risk. b.Background Investigation. The level of background investigation commensurate with the required level of access is minimum background investigation, if required. c.Contractor Responsibilities. (1)The contractor shall bear the expense of obtaining background investigations. If the investigation is conducted by the Office of Personnel Management (OPM), the contractor shall reimburse VA within 30 days. (2)The contractor shall prescreen all personnel requiring access to the computer systems to ensure they maintain a U.S. citizenship and are able to read, write, speak and understand the English language. (3)The contractor shall submit or have their employees submit the following forms to the VA Office of Security and Law Enforcement within 30 days of receipt: (i)Standard Form 85P, Questionnaire for Public Trust Positions. (ii)Standard Form 85P-S, Supplemental Questionnaire for Selected Positions. (iii)FD 258, US Department of Justice Fingerprint Applicant Chart. (iv)VA Form 0710, Authority for Release of Information Form (v)Optional Form 306, Declaration for Federal Employment (vi)Optional Form 612, Optional Application for Federal Employment. (4)The contractor, when notified of an unfavorable determination by the Government shall withdraw the employee from consideration from working under the contract. (5)Failure to comply with the contractor personnel security requirements may result in termination of the contract for default. d.Government Responsibilities. (1)The VA Office of Security and Law Enforcement will provide the necessary forms to the contractor or to the contractor's employees after receiving a list of names and addresses. (2)Upon receipt, the VA Office of Security and Law Enforcement will review the completed forms for accuracy and forward the forms to OPM to conduct the background investigation. (3)The VA facility will pay for investigations conducted by the Office of Personnel Management (OPM) in advance. In these instances, the contractor will reimburse the VA facility within 30 days. (4)The VA Office of Security and Law Enforcement will notify the Contracting Officer and contractor after adjudicating the results of the background investigations received from OPM. (5)The Contracting Officer will ensure that the contractor provides evidence that investigations have been completed and are in the process of being requested. 17. 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 - 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. 18. Contractor Certification: 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; 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. 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. The Contractor agrees to obtain a similar certification from its subcontractors. Signature:____________________________________________ Date:____________________________________________ Typed Name and Title: ________________________ Company Name:_______________________ 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. End of Special Contract Requirements
- Web Link
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- Document(s)
- Attachment
- File Name: VA259-13-R-0865 VA259-13-R-0865_1.docx (https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=900251&FileName=VA259-13-R-0865-000.docx)
- Link: https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=900251&FileName=VA259-13-R-0865-000.docx
- Note: If links are broken, refer to Point of Contact above or contact the FBO Help Desk at 877-472-3779.
- File Name: VA259-13-R-0865 VA259-13-R-0865_1.docx (https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=900251&FileName=VA259-13-R-0865-000.docx)
- Place of Performance
- Address: DEPARTMENT OF VETERAN AFFAIRS;VAMC GRAND JUNCTION;2121 NORTH AVE;GRAND JUNCTION CO
- Zip Code: 81501
- Zip Code: 81501
- Record
- SN03128393-W 20130728/130726234517-0349cbbd0d912243eba1a1f1934d01db (fbodaily.com)
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