PAGE 1 OF1. REQUISITION NO.2. CONTRACT ... - Veterans …



PAGE 1 OF1. REQUISITION NO.2. CONTRACT NO.3. AWARD/EFFECTIVE DATE4. ORDER NO.5. SOLICITATION NUMBER6. SOLICITATION ISSUE DATEa. NAMEb. TELEPHONE NO. (No Collect Calls)8. OFFER DUE DATE/LOCALTIME9. ISSUED BYCODE10. THIS ACQUISITION IS UNRESTRICTED ORSET ASIDE:% FOR:SMALL BUSINESSHUBZONE SMALLBUSINESSSERVICE-DISABLEDVETERAN-OWNEDSMALL BUSINESSWOMEN-OWNED SMALL BUSINESS(WOSB) ELIGIBLE UNDER THE WOMEN-OWNEDSMALL BUSINESS PROGRAMEDWOSB8(A)NAICS:SIZE STANDARD:11. DELIVERY FOR FOB DESTINA-TION UNLESS BLOCK ISMARKEDSEE SCHEDULE12. DISCOUNT TERMS 13a. THIS CONTRACT IS ARATED ORDER UNDERDPAS (15 CFR 700)13b. RATING14. METHOD OF SOLICITATIONRFQIFBRFP15. DELIVER TOCODE16. ADMINISTERED BYCODE17a. CONTRACTOR/OFFERORCODEFACILITY CODE18a. PAYMENT WILL BE MADE BYCODETELEPHONE NO.DUNS:PHONE:FAX:17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKEDSEE ADDENDUM19.20.21.22.23.24.ITEM NO.SCHEDULE OF SUPPLIES/SERVICESQUANTITYUNITUNIT PRICEAMOUNT(Use Reverse and/or Attach Additional Sheets as Necessary)25. ACCOUNTING AND APPROPRIATION DATA26. TOTAL AWARD AMOUNT (For Govt. Use Only)27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDAAREARE NOT ATTACHED.27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDAAREARE NOT ATTACHED28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________29. AWARD OF CONTRACT: REF. ___________________________________ OFFERCOPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH ANDDATED ________________________________. YOUR OFFER ON SOLICITATIONDELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH AREADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIEDSET FORTH HEREIN IS ACCEPTED AS TO ITEMS:30a. SIGNATURE OF OFFEROR/CONTRACTOR31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT)30c. DATE SIGNED31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT)31c. DATE SIGNEDAUTHORIZED FOR LOCAL REPRODUCTION(REV. 2/2012)PREVIOUS EDITION IS NOT USABLEPrescribed by GSA - FAR (48 CFR) 53.2127. FOR SOLICITATIONINFORMATION CALL:STANDARD FORM 1449OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 90VA791-13-R-001412-21-2012Gabrielle J. Harris303-273-621302-28-20134:30pmDepartment of Veterans AffairsVA Denver Acquisition & Logistics Center(003A4D-1)555 Corporate CircleGolden CO 80401x621111$10 Million N/AXDenver Acquisition & Logistics CenterAcquisition Division (003A4D-1)555Corporate CircleGolden CO 80401-5621Department of Veterans AffairsVA Denver Acquisition & Logistics Center(003A4D-1)555 Corporate CircleGolden CO 80401Department of Veterans AffairsVA Denver Acquisition & Logistics Center(003A4D-1)555 Corporate CircleGolden CO 80401Patient Centered Community Care - Medical Surgical ServicesSee Section A.2 for Schedule of Services.xXGabrielle Joan HarrisContracting OfficerSECTION AA.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMSTable of Contents TOC \o &quot;1-4&quot; \f \h \z \u \x SECTION A PAGEREF _Toc343863345 \h 1A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS PAGEREF _Toc343863346 \h 1A.2 NOTES TO OFFERORS: (This section to be removed upon award) PAGEREF _Toc343863347 \h 4A.3 DEFINITION MATRIX PAGEREF _Toc343863348 \h 5A.4 SCHEDULE OF SERVICES PAGEREF _Toc343863349 \h 9SECTION B - CONTINUATION OF SF 1449 BLOCKS PAGEREF _Toc343863350 \h 17B.1 CONTRACT ADMINISTRATION DATA PAGEREF _Toc343863351 \h 17B.2 SPECIAL CONTRACT REQUIREMENTS PAGEREF _Toc343863352 \h 20B.3 PERFORMANCE WORK STATEMENT PAGEREF _Toc343863353 \h 21B.4 IT CONTRACT SECURITY PAGEREF _Toc343863354 \h 40SECTION C - CONTRACT CLAUSES PAGEREF _Toc343863355 \h 49C.1 52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (FEB 2012) PAGEREF _Toc343863356 \h 49(TAILORED) PAGEREF _Toc343863357 \h 49C.2 52.216-16 INCENTIVE PRICE REVISION--FIRM TARGET (OCT 1997) (TAILORED) PAGEREF _Toc343863358 \h 52C.3 52.216-18 ORDERING (OCT 1995) PAGEREF _Toc343863359 \h 55C.4 52.216-19 ORDER LIMITATIONS (OCT 1995) (TAILORED) PAGEREF _Toc343863360 \h 55C.5 52.216-22 INDEFINITE QUANTITY (OCT 1995) PAGEREF _Toc343863361 \h 55C.6 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) PAGEREF _Toc343863362 \h 56C.7 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (TAILORED) PAGEREF _Toc343863363 \h 56C.8 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008) PAGEREF _Toc343863364 \h 56C.9 VAAR 852.203-71 DISPLAY OF DEPARTMENT OF VETERAN AFFAIRS HOTLINE POSTER (DEC 1992) PAGEREF _Toc343863365 \h 56C.10 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (DEC 2009) PAGEREF _Toc343863366 \h 56C.11 VAAR 852.219-9 VA SMALL BUSINESS SUBCONTRACTING PLAN MINIMUM REQUIREMENTS (DEC 2009) PAGEREF _Toc343863367 \h 57C.12 VAAR 852.219-71 VA MENTOR-PROT?G? PROGRAM (DEC 2009) PAGEREF _Toc343863368 \h 57C.13 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012) PAGEREF _Toc343863369 \h 57C.14 VAAR 852.237-7 INDEMNIFICATION AND MEDICAL LIABILITY INSURANCE (JAN 2008) PAGEREF _Toc343863370 \h 58C.15 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984) PAGEREF _Toc343863371 \h 59C.16 VAAR 852.271-70 NONDISCRIMINATION IN SERVICES PROVIDED TO BENEFICIARIES (JAN 2008) PAGEREF _Toc343863372 \h 59C.18 VAAR 852.273-76 ELECTRONIC INVOICE SUBMISSION (Interim - October 2008) PAGEREF _Toc343863373 \h 60C.19 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) PAGEREF _Toc343863374 \h 60C.20 52.227-17 RIGHTS IN DATA - SPECIAL WORKS (DEC 2007) PAGEREF _Toc343863375 \h 60C.21 52.232-99 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS (DEVIATION) (AUG 2012) PAGEREF _Toc343863376 \h 61C.22 52.237-3 CONTINUITY OF SERVICES (JAN 1991) PAGEREF _Toc343863377 \h 62C.23 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (NOV 2012) PAGEREF _Toc343863378 \h 62C.24 MANDATORY WRITTEN DISCLOSURES PAGEREF _Toc343863379 \h 65C.25 CONTRACT MINIMUM AND MAXIMUM DOLLAR VALUE (TAILORED) PAGEREF _Toc343863380 \h 66SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS PAGEREF _Toc343863381 \h 67D.1 CONTRACT ATTACHMENTS PAGEREF _Toc343863382 \h 67D.2 PWS APPENDICES PAGEREF _Toc343863383 \h 67D.3 SOLICITATION ATTACHMENTS PAGEREF _Toc343863384 \h 67SECTION E - SOLICITATION PROVISIONS PAGEREF _Toc343863385 \h 68E.1 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (FEB 2012) (TAILORED) PAGEREF _Toc343863386 \h 68E.2 SPECIFIC INSTRUCTIONS TO OFFERORS REGARDING PROPOSAL PREPARATION PAGEREF _Toc343863387 \h 70E.3 VAAR 852.273-73 EVALUATION - HEALTH-CARE RESOURCES (JAN 2003) (TAILORED) PAGEREF _Toc343863388 \h 75E.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (FEB 2012) PAGEREF _Toc343863389 \h 77E.5 52.216-1 TYPE OF CONTRACT (APR 1984) PAGEREF _Toc343863390 \h 78E.6 52.219-22 SMALL DISADVANTAGED BUSINESS STATUS (OCT 1999) PAGEREF _Toc343863391 \h 78E.7 52.233-2 SERVICE OF PROTEST (SEP 2006) PAGEREF _Toc343863392 \h 79E.8 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (DEC 2009) PAGEREF _Toc343863393 \h 79E.9 VAAR 852.219-72 EVALUATION FACTOR FOR PARTICIPATION IN THE VA MENTOR-PROT?G? PROGRAM (DEC 2009) PAGEREF _Toc343863394 \h 80E.10 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (JAN 2008) PAGEREF _Toc343863395 \h 80E.11 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (JAN 1998) PAGEREF _Toc343863396 \h 80E.12 VAAR 852.273-74 AWARD WITHOUT EXCHANGES (JAN 2003) PAGEREF _Toc343863397 \h 81E.13 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) PAGEREF _Toc343863398 \h 81E.14 52.209-5 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (DEVIATION) PAGEREF _Toc343863399 \h 81E.15 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2012) PAGEREF _Toc343863400 \h 82A.2 NOTES TO OFFERORS: (This section to be removed upon award)1. OFFERORS MUST COMPLETE AND RETURN ALL INFORMATION DESIGNATED IN 52.212-1, INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS, PARAGRAPH b, PRIOR TO THE TIME SPECIFIED IN BLOCK 8 OF THE STANDARD FORM (SF) 1449 IN ORDER TO BE CONSIDERED FOR AWARD. 2. Sealed offers for furnishing the supplies or services in the schedule will be received at the address specified in Block 9 of SF 1449, or if hand carried, to the address shown in block 16, until the date and time specified in Block 8. CAUTION - LATE Submissions, Modifications, and Withdrawals: See VAAR 852.273-70 Late Offers. All offers are subject to all terms and conditions of this solicitation.3. Federal Acquisition Regulations (FAR) require that federal contractors register in the System for Award Management (SAM) (formerly Central Contractor Registration (CCR)) database at and enter all mandatory information into the system. Award cannot be made until the vendor has completed registration in SAM. Offerors are encouraged to ensure that they are registered in SAM prior to submitting their proposals. 4. This solicitation adheres to the format defined in FAR 12 and will be conducted using the procedures of VAAR 873 in conjunction with FAR 12 Acquisition of Commercial Items and FAR 15. These healthcare resources are being procured under the authority of Title 38 U.S.C. Section 8153, pending availability of funds. Should there be any discrepancies between FAR 12, 15 and VAAR 873, VAAR 873 will prevail.5. Offerors must provide pricing for the base and all option periods for all contract line item numbers (CLINs) in the region(s) proposed and submit a technical proposal as requested in Addendum to 52.212-1 Instructions to Offerors – Commercial Items, to be considered. 6. Refer to Section E for Specific Instructions to Contractors regarding proposal preparation and details on evaluation factors. 7. Pre-proposal conference: The Government intends to hold a pre-proposal teleconference, in order to explain certain aspects of the RFP and the RFP process. For those interested in participating please send an email to PCCC.med-surg@ no later than December 28, 2012 in order to reserve a line for participation. A follow up email will be sent in response to the RSVP’s with the details of the pre-proposal conference date, time, and connection information.8. Questions and/or suggestions: The Contracting Officer and Contract Specialist are the sole points of contact for this procurement. Offerors should submit all technical questions and comments regarding this draft solicitation to the Contracting office in writing on or before January 11, 2013, in order to ensure they will be considered for incorporation into the RFP. All communications to include questions and comments must be sent to the Contracting Officer/Contract Specialist via e-mail to PCCC.med-surg@. All responses to questions, which may affect offers will be incorporated into a written amendment to the solicitation and released via the Federal Business Opportunities System website ().ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the solicitation numbered and dated as follows: AMENDMENT NO DATE A.3 DEFINITION MATRIXDefinition Matrix: The following terms, when used in this contract, will be construed and/or interpreted as follows:ACR: American College of RadiologyAdverse Events: Untoward incidents, therapeutic misadventures, iatrogenic injuries, or other adverse occurrences directly associated with care or services provided within the jurisdiction of a medical facility, outpatient clinic, or other VHA facilityAdverse Drug Event (ADE): An injury resulting from the use of a drug. This includes harm caused by the drug as a result of adverse drug reactions, drug-drug interactions, product quality problems or drug overdoses (whether accidental or intentional)ACVREP: Academy for Certification of Vision Rehabilitation & Education ProfessionalsARRT: American Registry of Radiologic TechnologyASCs: Ambulatory Surgical CentersASHA: American Speech-Language-Hearing AssociationCAHs: Critical Access HospitalsCARF: Commission on Accreditation of Rehabilitation FacilitiesCBOC: Community Based Outpatient ClinicClinician: A health professional whose practice is based on direct observation and treatment of a patient, as distinguished from other types of health workers, such as laboratory technicians and those employed in researchCfCs: Conditions for CoverageCMS: Centers for Medicare and Medicaid ServicesCompleted Authorization: A completed authorization is one for which the patient was scheduled, health care services provided, and the authorization not returned to VA as unscheduled. Contracting Officer (CO): A person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findingsCOC: Commission on CancerCoPs: Conditions of ParticipationCORFs: Comprehensive Outpatient Rehabilitation FacilitiesCOR: (Contracting Officer’s Representative) A person who takes necessary action, within delegated authority, to insure the Contractor performs in accordance with and adheres to the specifications contained in the contract, and to protect the interest of the Government. Any indication of non-compliance shall be promptly reported to the Contracting Officer so that appropriate action can be takenCovered Services: The term, “covered services,” means those specific services as listed in the contract or for which the VA has provided prior written agreement to pay the Contractor.CPG: Clinical Practice GuidelinesCPT: Current Procedural Terminology. A coding system developed by the American Medical Association and a listing of descriptive terms and identifying codes for reporting medical services and procedures performed by physicians. The purpose of the terminology is to provide a uniform language that will accurately describe medical, surgical, and diagnostic services, and will thereby provide an effective means for reliable nationwide communication among physicians, patients, and third partiesCPRS: Computerized Patient Record System. Electronic patient charting system that houses all pertinent healthcare records (i.e. laboratory and radiology results, doctor’s orders, progress notes, surgery reports, etc)Credentialing: The systematic process of screening and evaluating qualifications, including: licensure, required education, relevant training and experience, and current competence and health statusCritical Finding (or Critical Value, Critical Test Result): A critical finding or test result is defined as those values or interpretations that, if left untreated, could be life threatening or place the patient at serious risk. ?Critical values or results are those results from laboratory, cardiology, radiology departments and other diagnostic areas that upon analysis are determined to be “critical” regardless of the ordering priority. This conforms to Joint Commission National Patient Safety Goal NPSG.02.03.01. (Definition from “Critical Value or Result” in VHA Directive 2009-019) DEA: Drug Enforcement AdministrationDesired Date: The desired appointment date is the date on which the patient or provider wants the patient to be seen. Schedulers are responsible for recording the desired date correctlyDME: Durable Medical EquipmentDoD: Department of DefenseEDI: Electronic Data InterchangeEGD: EsophagogastroduodenoscopyEmergent Need: Medical care needed within twenty-four (24) hours or lessEOC: Environment of CareEoCC: Environment of Care CommitteeEpisode of Care: A set of clinically related healthcare services for a specific unique illness or medical condition (diagnosis and/or procedure) provided by an authorized provider during a defined authorized period of timeERCP: Endoscopic Retrograde CholangiopancreaographyEUS: Endoscopic UltrasonographyFAR: Federal Acquisition RegulationFDA: Food and Drug AdministrationGAO: Government Accountability OfficeGeographic Inaccessibility: A Department of Veterans Affairs facility may be considered as not feasibly available when the urgency of the applicant's medical condition, the relative distance of the travel involved, or the nature of the treatment required makes it necessary or economically advisable to use public or private facilitiesIntentionally Unsafe Acts: As pertaining to patients, are any events that result from a criminal act, a purposefully unsafe act, an act related to alcohol or substance abuse by an impaired provider and/or staff, or events involving alleged or suspected patient abuse of any kindHEDIS: Healthcare Effectiveness Data and Information SetHigher Level of Care: Specialized consultative health care, usually for inpatients and in a facility that has personnel and facilities for advanced medical investigation and treatment, such as a tertiary referral hospital. Examples of tertiary care services are cancer management, neurosurgery, cardiac surgery, plastic surgery, treatment for severe burns, advanced neonatology services, palliative, and other complex medical and surgical interventions Highly Rural: An area having < seven (7) civilians per square mileHIPAA: Health Insurance Portability and Accountability ActICD: Implantable Cardiac DefibrillatorsICF/MR: Intermediate Care Facilities for Persons with Mental RetardationImmediate: Within 24 hoursIRF/PAI: Inpatient Rehabilitation Facility Patient Assessment InstrumentLIP: Licensed Independent Practitioner. Any practitioner permitted by law and by the organization to provide care and services, without direction or supervision, within the scope of the practitioner license and consistent with individually assigned clinical responsibilities. When standards reference the term “licensed independent practitioner” this language is not to be construed to limit the authority of a licensed independent practitioner to delegate tasks to other qualified health care personnel (for example, physician assistants and advance practice registered nurses) to the extent authorized by state law or a state’s regulatory mechanism or federal guidelines, and organizational policyLTAC: Long Term Acute CareMIPPA: Medicare Improvements for Patients and Providers ActMQSA: Mammography Quality Standards ActMST: Military Sexual TraumaNCDR: National Cardiovascular Data RegistryNPI: National Provider IdentifierOPOs: Organ Procurement OrganizationsPACE: Programs for All-Inclusive Care for the Elderly OrganizationsPatient: Individual authorized by VA for carePC3: Patient-Centered Community CarePCC/PACT: Patient-Centered Care/Patient Aligned Care TeamPCI: Percutaneous Coronary InterventionPCP: Primary Care ProviderPharmacy Services: Provision of medicines, supplies and nutritional supplementsPIR: Patient Incident ReportingPM&R: Physician Medicine and RehabilitationPrimary Care: Health care provided by a medical professional (as a general practitioner or a pediatrician) with whom a patient has initial contact and by whom the patient may be referred to a specialist for further treatment – often used attributively <primary care physicians> <primary care practice> <primary care medicine>; called also primary health carePrivileging: Privileging (Clinical Privileging). The process by which a practitioner, licensed for independent practice (i.e., without supervision, direction, required sponsor, preceptor, mandatory collaboration, etc.), is permitted by law and the facility to practice independently, to provide specific medical or other patient care services within the scope of the individual’s license, base upon the individual’s clinical competence as determined by peer references, professional experience, health status, education, training, and licensure. Clinical privileges must be facility-specific and provider-specificProvider: A hospital, clinic, health care institution, health care professional, or group of health care professionals who provide a service to patientsPrudent Layperson: For the purposes of this contract, emergency care services are defined as a condition of such a nature that a prudent layperson would have reasonably expected that delay in seeking immediate medical attention would have been hazardous to life or health. For example, this standard would be met if there was an emergency medical condition manifesting itself by acute symptoms of sufficient severity, including severe pain, that a prudent layperson who possesses an average knowledge of health and medicine could reasonably expect the absence of immediate medical attention to result in placing the health of the individual in serious jeopardy, serious impairment to bodily functions, or serious dysfunction of any bodily organ or part.PTSD: Post-Traumatic Stress DisorderPWS: Performance Work StatementQA: Quality AssuranceQASP: Quality Assurance Surveillance PlanQI: Quality ImprovementRural: Any non-urban or non-highly rural areaSCIP: Strategic Capital Investment Program Sentinel Events: A sentinel event is an unexpected occurrence involving death or serious physical or psychological injury, or the risk thereof. Serious injury specifically includes loss of limb or function. The phrase "or the risk thereof" includes any process variation for which a recurrence would carry a significant chance of a serious adverse outcome. Such events are called "sentinel" because they signal the need for immediate investigation and response. These include (but are not limited to): suicide of any patient receiving care, treatment, and services in a staffed around-the-clock care setting, or within 72 hours of discharge; unanticipated death of a full-term infant; abduction of any patient receiving care, treatment, and services; discharge of an infant to the wrong family; rape; hemolytic transfusion reaction involving administration of blood or blood products having major blood group incompatibilities; surgery on the wrong patient or wrong body part; unintended retention of a foreign object in a patient after surgery or other procedure, and prolonged fluoroscopy with cumulative dose >1500 rads to a single field or any delivery of radiotherapy to the wrong body region or >25 percent above the planned radiotherapy dose. Service Location: Any location at which a patient obtains any healthcare service covered by the contractor pursuant to the terms of this contractSTS: Society for Thoracic SurgerySubcontract: A contract entered into by the contractor with any other organization or person who agrees to perform any administrative function or service for the contractor specifically related to securing or fulfilling the contractor’s obligations to VA under the terms of this contract, (e.g., claims processing, marketing) when the intent of such a contract is to delegate the responsibility for any major service or group of services required by the VA/contractor contractSubcontractor: Any organization or person(s) who provides any function or service for the contractor specifically related to securing or fulfilling the contractor’s obligations to VA under the terms of this contractThird Party: Any entity or funding source, other than the enrolled patient or his/her responsible party, which is, or may be, liable to pay for all or part of the cost of medical care of the patientTJC: The Joint CommissionUnfriendly Termination: Unfriendly termination may include situations where the user is being fired for cause or involuntarily transferred. In accordance with 10.2.5.2 10.htmlUrban Area:?Census Bureau-defined urbanized area, which is any block or block group having a population density of at least 1000 people per square mileUrgent Care: Urgent care is defined as care considered essential to evaluate and stabilize conditions that may result in loss of life, limb or vision; or care that if not provided will likely result in unacceptable morbidity/pain when there is significant delay in evaluation or treatmentUSC: United States CodeUSH: Under Secretary for HealthVA: Veterans AffairsVAHCS: Veterans Affairs Healthcare SystemVAMC: VA Medical CenterVBA: Veterans Benefits AdministrationVHA: Veterans Health Administration. The central office for administration of the VA Medical Centers throughout the United States. The VHA is located in Washington, D.CVISN: Veterans Integrated Service Network. The regional oversight for the VA Medical CentersVSO: Veterans Service OrganizationVISTA: Veterans Health Information Systems & Technology Architecture (Formerly known as DHCP). A PC based system that will capture and store clinical imagery, scanned documents and other non-textual data files and integrates them into patient’s medical record and with the hospital information systemA.4 SCHEDULE OF SERVICES1. The schedule of services sets forth the amount VA pays for the services it purchases through this contract. Medical treatment contract line item numbers (CLINs) shall include only the cost for delivery of health care services and all other allowable costs are to be included in the administrative fee CLIN. Attachment 3, VA Purchased Care Historical Data provides information on the services historically purchased by VA from community providers for FY10 – FY12. This attachment is not a commitment stating VA will purchase these volumes of care under the contract; however, it does provide historical purchasing patterns at the VAMC level as information that can be used to build proposals and develop networks. VA is not obligated to purchase the volume of care demonstrated in Attachment 3. 2. Services are required on a national basis. The nation has been divided into five regions which consist of Veteran Integrated Service Networks (VISNs). Region details: Geographic regions are defined as outlined below. For VA Medical Centers within each region, please visit . To view images of the regions, please refer to Appendix A: 1.2 PC3 Regions. Region 1 consists of VISNs 01, 02, 03 and 04.Region 2 consists of VISNs 05, 06, 07, and 08.Region 3 consists of VISNs 09, 15, 16, and 17.Region 4 consists of VISNs 10, 11, 12, 19, and 23. Region 5 consists of VISNs 18, 20, 21, and 22.3. For all CLINs in which a percentage of Medicare is identified as the pricing methodology the payment methodology will follow the Medicare payment guidelines respective to the type of service authorized and performed. Contractors will be paid based on the percent of Medicare for any authorized Current Procedural Terminology (CPT), including case rate bundled CPTs, and/or Diagnosis Related Group (DRG) code, claim modifiers, etc. that applies to the type of services purchased for that CLIN. Services paid at a percentage of Medicare are regulated by CMS for the respective CLIN per episode of care. Contract pricing can be below, at, or above CMS as a percentage. For example: 95% of CMS indicates a price 5% below the CMS calculated price. This price will apply to all services included in the respective CLIN. 4. CLIN XXX1, Medical and Surgical services, is inclusive of all authorized inpatient, outpatient, and obstetric services covered by the applicable Medicare Prospective Payment System. Contract pricing for this CLIN is based on a percent of Medicare for the services being performed. All services purchased will be paid at the contracted percent of Medicare rate. 5. CLIN XXX2, Mental Health Services. Contract pricing for this CLIN is based on a percent of Medicare for the services being performed. All services purchased will be paid at the contracted percent of Medicare rate. 6. CLIN XXX3, Inpatient Prospective Payment System (IPPS) Exempt providers and facilities (such as Critical Access Hospitals). Contract pricing for this CLIN is based on a cost to charge ratio, provided by CMS, for the services being performed. The accepted cost to charge ratio will apply to all services included in this CLIN for the base period of performance.? In option years following the base, this cost to charge ratio will be modified to a VA determined cost to charge ratio based on care purchased by VA and provided during the previous performance period. The adjustment will be based on the national cost to charge ratio times the billed charges that are reasonable, usual, customary, and not in excess of rates or fees the hospital charges the general public for similar services in the community. 7. CLIN XXX4, Authorized Durable Medical Equipment (DME). For DME that is bundled under other health care services provided pursuant to the contract (e.g., hardware used in orthopedic surgery, prosthetic valves in cardiac surgery), or any approved acceptance, pricing will be based on the contracted percent of Medicare for the DME. 8. CLIN XXX5, Skilled Home Health. Contract pricing for this CLIN is based on a percent of Medicare for the services being performed. All services purchased will be paid at the contracted percent of Medicare rate. Any additional costs associated to provision of Skilled Home Health should be considered as part of the percent of Medicare proposed. 9. CLIN XXX6, Non-Medicare Medical and Surgical Services, VA Fee Schedule.? When a given medical procedure is not payable under Medicare rules or is payable under Medicare rules but does not have established pricing at the national or local level such medical procedures will be paid based on the contracted percent of the applicable regional VA Fee Schedule. Please see contract attachment 2 for the current regional fee schedule that will be in place in the initial performance period up to and including the first September 30th of performance. This schedule is determined by VA taking the last eight (8) payment occurrences of the CPT or DRG and determining the 75th percentile of those last eight (8) occurrences. The VA fee schedule will be updated on an annual basis effective October 1 for the next 12 months. Regional VA fee schedules will be generated and distributed on or before the 5th business day following October 1st for outpatient services and in the first quarter of each fiscal year (Oct – Dec) for determination of payment amounts for services payable under this CLIN for inpatient services. In the event the VA Fee Schedule is not available and services have been performed, payment will be retroactive to October 1, for inpatient services to ensure the correct rates have been applied.? 10. CLIN XXX7, Non-Medicare, Non-Fee Schedule Medical and Surgical Services. When a given medical procedure is not payable under Medicare rules, or is payable under Medicare rules but does not have established pricing at the national or local level, and is not included in the regions’ VA Fee Schedule, VA will reimburse the Contractor for payment of its provider claims with no profit added as long as the service is part of an authorized episode of care and falls within verifiable usual and customary charges that are billed to payers other than VA. Contractors shall make efforts to obtain the best possible pricing for VA. 11. CLIN XXX8 Home Infusion Therapy. Contract pricing for Home Infusion Therapy shall be based on an all-inclusive bundled per diem rate. This will include costs of therapy in addition to infusion medications.12. CLIN XXX9 Urgent/Emergent Medication. The Contractor may invoice VA for emergency medications when these are dispensed by pharmacies in the Contractor's network without charge to the patient. VA will reimburse the Contractor for brand name medication at Wholesale Acquisition Cost (WAC) minus 7%, plus a $3.00 dispensing fee, and generic medication at WAC minus 32%, plus a $3.00 dispensing fee. 13. CLIN XX10 Administrative Services includes two sub-line item numbers (sub-CLINs). 13.1. Sub-CLIN XX10AA is for an Administrative Services Fee per Completed Authorization. A completed authorization is one for which the patient was scheduled, health care services provided, and the authorization not returned to VA as unscheduled. The fees are tiered to accommodate for low volumes but also to reduce as volumes go up encouraging both use of the contract and fiscal responsibility. The administrative services Sub-CLIN includes all allowable costs not related to the delivery of health care services. 13.2. Sub-CLIN 0010AB, Incentive Fee: Upon satisfactory contract performance of all performance objectives, the contractor shall be eligible for favorable past performance reporting. Upon meeting the minimum performance threshold for all performance objectives, the contractor shall be eligible to receive a monetary incentive for QASP objectives 1, 2, and 4, which will apply as stated below:Contractor’s administrative fee shall be increased (incentive) or decreased (disincentive) by a maximum of three (3) percent of Administrative Services Fee, sub-CLIN 0010AA, based on previous three months’ performance and a weighted average of Quality Assurance Surveillance Plan (QASP) performance objectives 1, 2, and 4. The performance objectives shall be weighted as follows:Performance Objective 1 at 40%Performance Objective 2 at 40%Performance Objective 4 at 20%Performance on any objective falling below 80% will render the entire month ineligible for an incentive payment, regardless of the final weighted average.Payments or deductions shall apply to the total amount of completed authorizations and shall be applied according to the methodology below.QASP Objectives 1, 2, and the option years for 4:3% increase for performance greater than or equal to 97.5%2% increase for performance greater than or equal to 95.0% and less than 97.5%1% increase for performance greater than or equal to 92.5% and less than 95.0%No incentive or disincentive for performance greater than 87.5% and less than 92.5%1% decrease for performance greater than 85.0% and less than or equal to 87.5%2% decrease for performance greater than 82.5% and less than or equal to 85.0%3% decrease for performance less than or equal to 82.5%13.3 Contractor will be paid negotiated price with no plus or minus applied for meeting the standards and for the first six months of performance to allow for network development, training of providers and performance data availability. 14. CLIN XX11, Paper Claims. At times, VA may request that a paper health care claim be submitted to request payment. We anticipate this being a very low occurrence and only in rare cases. Only if and when VA requests a paper claim and that is submitted to VA, will the administrative fee will be allowable.15. CLIN XX12, Shipping charges. Shipping charges shall be payable under the contract for special request items outside of customary documentation required in the PWS.A.4.1. Pricing Schedule Region 1 – VISNs 01, 02, 03, and 04 CLINDESCRIPTIONUNITBASE OPTION I OPTION II OPTION III OPTION IV 0001Medical and Surgical Services Each_____% Medicare _____% Medicare _____% Medicare _____% Medicare_____% Medicare0002Mental Health ServicesEach_____% Medicare _____% Medicare _____% Medicare _____% Medicare_____% Medicare0003IPPS Exempt Each_____% Cost to Charge Ratio _____% Cost to Charge Ratio _____% Cost to Charge Ratio _____% Cost to Charge Ratio _____% Cost to Charge Ratio 0004Durable Medical EquipmentEach _____% Medicare_____% Medicare_____% Medicare_____% Medicare_____% Medicare0005Skilled Home HealthEach_____% Medicare_____% Medicare_____% Medicare_____% Medicare_____% Medicare0006Non-CMS Medical and Surgical Services, VA Fee ScheduleEach____% Regional Fee Schedule ____% Regional Fee Schedule ____% Regional Fee Schedule ____% Regional Fee Schedule ____% Regional Fee Schedule 0007Non-CMS, Non-Fee Schedule Medical and Surgical ServicesEach100% of Billed Charges100% of Billed Charges100% of Billed Charges100% of Billed Charges100% of Billed Charges0008Home Infusion Therapy Each$ Bundled Per Diem Rate$ Bundled Per Diem Rate$ Bundled Per Diem Rate$ Bundled Per Diem Rate$ Bundled Per Diem Rate0009Urgent/Emergent Medication (see item 10 above)EachTBDTBDTBDTBD TBD0010Administrative ServicesAuthorizations per month?????0010AAAdministrative Services Fee per Completed Authorization 1-2400$ Each$ Each$ Each$ Each$ Each2401-4500$ Each$ Each$ Each$ Each$ Each4501 plus $ Each$ Each$ Each$ Each$ Each0010ABIncentive Fee1-2400+/- 3% of administrative services fee +/- 3% of administrative services fee +/- 3% of administrative services fee +/- 3% of administrative services fee +/- 3% of administrative services fee 2401-4500 4501 plus 0011Paper Claims Paid only when VA requests instead of an EDI ClaimEach $$$$$0012Shipping ChargesEachTBD TBDTBDTBDTBDA.4.2 Pricing Schedule Region 2 – VISNs 05, 06, 07, and 08CLINDESCRIPTIONUNITBASE OPTION I OPTION II OPTION III OPTION IV 0001Medical and Surgical Services Each_____% Medicare _____% Medicare _____% Medicare _____% Medicare_____% Medicare0002Mental Health ServicesEach_____% Medicare _____% Medicare _____% Medicare _____% Medicare_____% Medicare0003IPPS Exempt Each_____% Cost to Charge Ratio _____% Cost to Charge Ratio _____% Cost to Charge Ratio _____% Cost to Charge Ratio _____% Cost to Charge Ratio 0004Durable Medical EquipmentEach _____% Medicare_____% Medicare_____% Medicare_____% Medicare_____% Medicare0005Skilled Home HealthEach_____% Medicare_____% Medicare_____% Medicare_____% Medicare_____% Medicare0006Non-CMS Medical and Surgical Services, VA Fee ScheduleEach____% Regional Fee Schedule ____% Regional Fee Schedule ____% Regional Fee Schedule ____% Regional Fee Schedule ____% Regional Fee Schedule 0007Non-CMS, Non-Fee Schedule Medical and Surgical ServicesEach100% of Billed Charges100% of Billed Charges100% of Billed Charges100% of Billed Charges100% of Billed Charges0008Home Infusion Therapy Each$ Bundled Per Diem Rate$ Bundled Per Diem Rate$ Bundled Per Diem Rate$ Bundled Per Diem Rate$ Bundled Per Diem Rate0009Urgent/Emergent Medication (see item 10 above)EachTBDTBDTBDTBD TBD0010Administrative ServicesAuthorizations per month?????0010AAAdministrative Services Fee per Completed Authorization 1-2400$ Each$ Each$ Each$ Each$ Each2401-4500$ Each$ Each$ Each$ Each$ Each4501 plus $ Each$ Each$ Each$ Each$ Each0010ABIncentive Fee1-2400+/- 3% of administrative services fee +/- 3% of administrative services fee +/- 3% of administrative services fee +/- 3% of administrative services fee +/- 3% of administrative services fee 2401-4500 4501 plus 0011Paper Claims Paid only when VA requests instead of an EDI ClaimEach $$$$$0012Shipping ChargesEachTBD TBDTBDTBDTBDA.4.3 Pricing Schedule Region 3 – VISNs 09, 15, 16, and 17CLINDESCRIPTIONUNITBASE OPTION I OPTION II OPTION III OPTION IV 0001Medical and Surgical Services Each_____% Medicare _____% Medicare _____% Medicare _____% Medicare_____% Medicare0002Mental Health ServicesEach_____% Medicare _____% Medicare _____% Medicare _____% Medicare_____% Medicare0003IPPS Exempt Each_____% Cost to Charge Ratio _____% Cost to Charge Ratio _____% Cost to Charge Ratio _____% Cost to Charge Ratio _____% Cost to Charge Ratio 0004Durable Medical EquipmentEach _____% Medicare_____% Medicare_____% Medicare_____% Medicare_____% Medicare0005Skilled Home HealthEach_____% Medicare_____% Medicare_____% Medicare_____% Medicare_____% Medicare0006Non-CMS Medical and Surgical Services, VA Fee ScheduleEach____% Regional Fee Schedule ____% Regional Fee Schedule ____% Regional Fee Schedule ____% Regional Fee Schedule ____% Regional Fee Schedule 0007Non-CMS, Non-Fee Schedule Medical and Surgical ServicesEach100% of Billed Charges100% of Billed Charges100% of Billed Charges100% of Billed Charges100% of Billed Charges0008Home Infusion Therapy Each$ Bundled Per Diem Rate$ Bundled Per Diem Rate$ Bundled Per Diem Rate$ Bundled Per Diem Rate$ Bundled Per Diem Rate0009Urgent/Emergent Medication (see item 10 above)EachTBDTBDTBDTBD TBD0010Administrative ServicesAuthorizations per month?????0010AAAdministrative Services Fee per Completed Authorization 1-2400$ Each$ Each$ Each$ Each$ Each2401-4500$ Each$ Each$ Each$ Each$ Each4501 plus $ Each$ Each$ Each$ Each$ Each0010ABIncentive Fee1-2400+/- 3% of administrative services fee +/- 3% of administrative services fee +/- 3% of administrative services fee +/- 3% of administrative services fee +/- 3% of administrative services fee 2401-4500 4501 plus 0011Paper Claims Paid only when VA requests instead of an EDI ClaimEach $$$$$0012Shipping ChargesEachTBD TBDTBDTBDTBDA.4.4 Pricing Schedule Region 4 – VISNs 10, 11, 12, 19, and 23CLINDESCRIPTIONUNITBASE OPTION I OPTION II OPTION III OPTION IV 0001Medical and Surgical Services Each_____% Medicare _____% Medicare _____% Medicare _____% Medicare_____% Medicare0002Mental Health ServicesEach_____% Medicare _____% Medicare _____% Medicare _____% Medicare_____% Medicare0003IPPS Exempt Each_____% Cost to Charge Ratio _____% Cost to Charge Ratio _____% Cost to Charge Ratio _____% Cost to Charge Ratio _____% Cost to Charge Ratio 0004Durable Medical EquipmentEach _____% Medicare_____% Medicare_____% Medicare_____% Medicare_____% Medicare0005Skilled Home HealthEach_____% Medicare_____% Medicare_____% Medicare_____% Medicare_____% Medicare0006Non-CMS Medical and Surgical Services, VA Fee ScheduleEach____% Regional Fee Schedule ____% Regional Fee Schedule ____% Regional Fee Schedule ____% Regional Fee Schedule ____% Regional Fee Schedule 0007Non-CMS, Non-Fee Schedule Medical and Surgical ServicesEach100% of Billed Charges100% of Billed Charges100% of Billed Charges100% of Billed Charges100% of Billed Charges0008Home Infusion Therapy Each$ Bundled Per Diem Rate$ Bundled Per Diem Rate$ Bundled Per Diem Rate$ Bundled Per Diem Rate$ Bundled Per Diem Rate0009Urgent/Emergent Medication (see item 10 above)EachTBDTBDTBDTBD TBD0010Administrative ServicesAuthorizations per month?????0010AAAdministrative Services Fee per Completed Authorization 1-2400$ Each$ Each$ Each$ Each$ Each2401-4500$ Each$ Each$ Each$ Each$ Each4501 plus $ Each$ Each$ Each$ Each$ Each0010ABIncentive Fee1-2400+/- 3% of administrative services fee +/- 3% of administrative services fee +/- 3% of administrative services fee +/- 3% of administrative services fee +/- 3% of administrative services fee 2401-4500 4501 plus 0011Paper Claims Paid only when VA requests instead of an EDI ClaimEach $$$$$0012Shipping ChargesEachTBD TBDTBDTBDTBDA.4.5 Pricing Schedule Region 5 – VISNs 18, 20, 21, and 22CLINDESCRIPTIONUNITBASE OPTION I OPTION II OPTION III OPTION IV 0001Medical and Surgical Services Each_____% Medicare _____% Medicare _____% Medicare _____% Medicare_____% Medicare0002Mental Health ServicesEach_____% Medicare _____% Medicare _____% Medicare _____% Medicare_____% Medicare0003IPPS Exempt Each_____% Cost to Charge Ratio _____% Cost to Charge Ratio _____% Cost to Charge Ratio _____% Cost to Charge Ratio _____% Cost to Charge Ratio 0004Durable Medical EquipmentEach _____% Medicare_____% Medicare_____% Medicare_____% Medicare_____% Medicare0005Skilled Home HealthEach_____% Medicare_____% Medicare_____% Medicare_____% Medicare_____% Medicare0006Non-CMS Medical and Surgical Services, VA Fee ScheduleEach____% Regional Fee Schedule ____% Regional Fee Schedule ____% Regional Fee Schedule ____% Regional Fee Schedule ____% Regional Fee Schedule 0007Non-CMS, Non-Fee Schedule Medical and Surgical ServicesEach100% of Billed Charges100% of Billed Charges100% of Billed Charges100% of Billed Charges100% of Billed Charges0008Home Infusion Therapy Each$ Bundled Per Diem Rate$ Bundled Per Diem Rate$ Bundled Per Diem Rate$ Bundled Per Diem Rate$ Bundled Per Diem Rate0009Urgent/Emergent Medication (see item 10 above)EachTBDTBDTBDTBD TBD0010Administrative ServicesAuthorizations per month?????0010AAAdministrative Services Fee per Completed Authorization 1-2400$ Each$ Each$ Each$ Each$ Each2401-4500$ Each$ Each$ Each$ Each$ Each4501 plus $ Each$ Each$ Each$ Each$ Each0010ABIncentive Fee1-2400+/- 3% of administrative services fee +/- 3% of administrative services fee +/- 3% of administrative services fee +/- 3% of administrative services fee +/- 3% of administrative services fee 2401-4500 4501 plus 0011Paper Claims Paid only when VA requests instead of an EDI ClaimEach $$$$$0012Shipping ChargesEachTBD TBDTBDTBDTBDSECTION B - CONTINUATION OF SF 1449 BLOCKSB.1 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 : Contracting Officer Department of Veterans AffairsVA Denver Acquisition & Logistics Center (003A4D-1)555 Corporate CircleGolden CO 80401 2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor should be mailed to the following address: 3. INVOICES: Services performed under this contract shall be paid through medical claims or invoices dependent on the type of service being billed for. Medical Services. Invoices, for the delivery of medical services, are medical claims prepared and submitted by the Contractor that consist of the usual and customary charges for provider(s) for the health care services rendered to Veterans as authorized by VA. For claims to be considered for payment they must include required medical documentation as outlined in B.3 PWS Section 3. Health Care Resource Network g. Return of Medical Documentation. All submitted claims must have sufficient medical documentation to support the payment of the claim.Invoices will be submitted for the administrative services fee, CLINs XX10AA in accordance with the instructions in 52.212-4(g). Invoices and claims shall be submitted in arrears. Invoices for administrative fees shall be submitted monthly. Claims shall be submitted in accordance with the instructions on the authorization. Claims must conform to currently utilized Medicare billing requirements. (See Chapters 8 & 2 ofThe Medicare Claims Processing Manual) Valid claim submissions are:HIPAA compliant EDI transaction sets (preferred method), orManually Completed CMS1450 (UB92/UB04) or CMS 1500 forms, depending on the type of care provided.References: ?????? VHA Directive 2006-039 ????????????????????????????????? Directive 2007-010????? VA policy on submitting EDI claims see: shall utilize the designated VA clearinghouse and comply with any requirements of the clearinghouse for the submission of claims.For any paper claims submissions, the claim must contain completed Medicare standard billing CMS1450 or CMS 1500.Billing for No Shows - A Veteran shall not be billed for any services or supplies furnished under this contract. If a facility sets up in preparation for a medical treatment, but the medical treatment is never started, e.g., the patient never arrives, there can be no service claim or other fee by the contractor for those intended services, and there will be no payment or penalty fee by the Government. The Contractor shall not bill the patient and/or the patient’s other insurance (if applicable) for these services.4. GOVERNMENT INVOICE ADDRESS: All medical claims from the contractor not submitted via EDI transaction set (see 3.f.) shall be mailed to the address identified on each task order (authorization). In addition to the requirements in Section C.1, 52.212-4(g) invoices for medical care must include the following: information: National Provider Identifier (NPI)VA generated authorization numberPatient’s name and Social Security NumberDate of treatment/serviceInvoices for administrative fees (sub-CLIN XX10AA) and shipping charges (CLIN XX12) shall be submitted on a monthly basis to the following address:Department of Veterans AffairsFSC-Financial Service CenterP.O. Box 149941Austin, TX 78714-8971Invoicing for administrative services and shipping charges must include the following information in addition to the items listed in 52.212-4(g): Vendor Tax IDVA provided obligation numberVISN and VAMC/Station numberVA generated authorization numberDates of completed serviceCLIN associated to billingA copy of the invoice shall be submitted electronically to the Contracting Officer’s Representative (COR).5.? Subcontracting Commitments - Monitoring and ComplianceThis solicitation includes VAAR 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, and VAAR 852.215-71, Evaluation Factor Commitments. Accordingly, any contract resulting from this solicitation will include these clauses. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) to assist in assessing contractor compliance with the subcontracting commitments incorporated into the contract. To that end, the support contractor(s) may require access to the contractor's business records or other proprietary data to review such business records regarding contract compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor compliance with the subcontracting commitments. This solicitation includes FAR 52.219-9, Small Business Subcontracting Plan, and VAAR 852.219-9, VA Small Business Subcontracting Plan Minimum Requirement. Accordingly, any contract resulting from this solicitation will include these clauses. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) to assist in assessing the contractor's compliance with the plan, including reviewing the contractor's accomplishments in achieving the subcontracting goals in the plan. To that end, the support contractor(s) may require access to the contractor's business records or other proprietary data to review such business records regarding the contractor's compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor compliance with the subcontracting plan.B.2 SPECIAL CONTRACT REQUIREMENTSUnder 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 Centers (VAMCs), the services at the prices specified in the Section entitled Schedule of Supplies/Services of this contract. 1. TERM OF CONTRACT:This contract is effective for eighteen (18) months from the date of award, of which the first six (6) months may be used for start-up/implementation; the following twelve (12) months and any exercised options periods must include full delivery of health care services via full access to a network sufficient to meet all contract terms and conditions. The term includes four (4) one-year option periods that may be exercised by the VA. Additionally the VA will have the ability to extend the contract an additional two (2) years and six (6) months based on VA’s need. 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.PERIOD OF PERFORMANCE:Base:Date of Award through September 30, 2014Option One:October 1, 2014 through September 30, 2015Option Two:October 1, 2015 through September 30, 2016Option Three:October 1, 2016 through September 30, 2017Option Four:October 1, 2017 through September 30, 2018 2. KEY PERSONNEL AND TEMPORARY EMERGENCY SUBSTITUTIONS: The Contractor shall assign to this contract the following key personnel: Contractors’ Contract Manager, (equivalent to Government’s Contracting Officer), and a PCCC Program Manager. The Contractor shall identify the personnel and positions it considers its key personnel to the Contracting Officer. These skilled experienced professional and/or technical personnel are essential for successful Contractor accomplishment of the work to be performed under this contract and subsequent task orders and option. The Contractor shall designate these personnel in writing and notify the Contracting Officer, in writing, if there are any substitutions. B.3 PERFORMANCE WORK STATEMENTGENERAL INFORMATIONTitle of Project The title of the project is Patient-Centered Community Care (PC3) – Medical and Surgical Services.Scope of Work The Contractor shall provide all health care resources necessary to accomplish the requirements described in the Performance Work Statement (PWS). The Contractor is expected to coordinate and provide health care resources which are in accordance with Department of Veterans Affairs (VA) standards in the PWS. The Contractor shall document all clinical findings; using VA approved formats, as specified in this PWS, and shall provide completed reports to VA via VA approved procedures in the requisite timeframe. The Contractor shall perform the work specified in this contract efficiently, accurately, on time, and in compliance with the requirements of this contract. The health care resources that may be ordered under this contract include all types of inpatient and outpatient specialty care with the following exceptions:nursing home care,hospice, Long Term Acute Care Hospitals (LTAC), homemaker and home health aide services,chronic dialysis treatments,primary care,dental care, andcompensation and pension examinations. The contract will include newborn care per Public Law 11-163 Section 2 (refer to Appendix A: 1.1). Emergency medical care will be covered only as described in section 2.c.xiii. Durable medical equipment and pharmacy services will be provided by VA except as described in section 2.e. The Contractor shall provide services and support, as defined herein, within identified geographic PC3 regions. Geographic regions are defined as outlined below. For information on VA Medical Centers within each region, please visit . For images of the regions, please refer to Appendix A: 1.2 PC3 Regions. Region 1 consists of VISNs 01, 02, 03 and 04.Region 2 consists of VISNs 05, 06, 07, and 08.Region 3 consists of VISNs 09, 15, 16, and 17.Region 4 consists of VISNs 10, 11, 12, 19, and 23. Region 5 consists of VISNs 18, 20, 21, and 22. Days are calendar days unless otherwise specifically noted. Background VA, through the Veterans Health Administration (VHA), operates the nation’s largest integrated direct health care delivery system. VHA’s health care delivery network includes 152 hospitals (medical centers), 135 nursing homes, 956 community-based outpatient clinics (CBOCs), 6 independent outpatient clinics, and 293 Readjustment Counseling Centers (Vet Centers), which are supported by more than 244,000 employees. Additionally, VA employs more than 20,000 physicians and 53,000 nurses. VA’s health care system is organized into 21 geographically defined Veterans Integrated Service Networks (VISNs); refer to for further information. Although policies and guidelines are developed at VA headquarters, and applied throughout the system, management authority for basic decision making and budgetary responsibilities are delegated to the VISNs. VA provides a public health care system in that the Federal government owns the medical facilities and employs the health care providers. The authorizing VAMC is responsible for eligibility determinations. Eligibility for VA health care is based on Veteran status, service-connected disabilities or exposures, income, and other factors. As required by the Veterans Health Care Eligibility Reform Act of 1996 (P.L.104-262), most Veterans are required to enroll in VA health care system to receive care. There are approximately 23 million living Veterans in the U.S. and of these, approximately 8.3 million (36%) were enrolled in VA health care system, and over 6 million unique Veteran patients received care from VA in FY10. In FY11 VA purchased services for approximately one million unique Veterans. Public Law 104-262 and Title 38 U.S.C., Section 8153 authorizes VA to purchase care. VA primary care serves as the foundation of VA health care and is the first point of contact within the health care system for enrolled Veterans. It is VA policy that the full scope of primary care is provided to all eligible Veterans seeking on-going health care. Patients receive medical attention in a variety of settings: clinic, hospital, emergency room, nursing home, and at home, as well as from a multitude of specialties and services within the VA system and in the private sector. VA provided primary care assures that each patient has a designated generalist physician or physician-led team of caregivers that is responsible for providing readily accessible, continuous, comprehensive and coordinated care and that acts as the point of access for all specialty care. PC3 will create centrally-supported health care contracts available throughout VA to augment VA’s ability to provide specialty inpatient and outpatient health care services.HEALTH CARE RESOURCE NETWORKNetwork Access The Contractor shall provide a high-quality network, or networks, of individual and institutional providers, which may include academic medical centers and regional networks or specialty services. The network, or networks, shall have a sufficient number, mix and geographic distribution of qualified providers to provide the full scope of health care required by this contract for the regions awarded. The Contractor shall schedule or assist the Veteran and VA in scheduling the appointments within the timelines defined in section 2.d, unless approved by exception through the Contracting Officer (CO)/Contracting Officer’s Representative (COR). Contractors shall provide networks or solutions to enable a patient to be treated by a health care provider within the following parameters, as based on commute time from Veterans address to provider address (Veteran to non-VA provider) using Bing maps (). (See Definitions for urban, rural and highly rural.) Urban – within 60 minutes commute timeRural – within 120 minutes commute timeHighly rural – within 240 minutes commute time For patients whose condition requires treatment in a facility that provides a higher level of care (see Definitions), the time and distance standards are as follows:Urban – within 120 minutes commute time Rural – within 240 minutes commute timeHighly rural – community standard Exceptions to the commute standards can be requested through the COR by the Contractor due to atypical circumstances, such as unusually high volume requests, and will be considered by VA. Veteran population information and maps can be found at vetdata. Refer to Appendix A: 1.3 PC3 Regions to Zip Codes for additional data. VA purchased care historical data can be found in Appendix A: 1.4.Start-Up/Implementation Approach The Contractor’s start-up/implementation approach shall allow access to network care as quickly as possible; however, the Contractor’s network shall be in place not later than six months after the post award conference.?Acceptable concepts include, but are not limited to, full immediate availability, phased approaches, rolling availability of services across the region.?VA prefers that regions containing Project HERO locations, VISNs 8, 16, 20 and 23, have special attention for early implementation and availability of services. In accordance with Schedule of Services paragraph 11.3, Contractors will not be held to meeting incentive/disincentive associated performance standards for the first six months of work Provider Education Program Regarding Patient’s Care During the initial startup period and at least annually thereafter, the Contractor shall partner with VA to jointly develop training processes and materials related to contract performance. The contractor shall be responsible for providing the appropriate training materials and for training their providers on business processes as related to contract standards and performance metrics. VA will provide the Contractor with VA required training materials as is reasonably practicable. Accreditation, Certification, Credentialing, Privileging, and Licensing of Facilities and Clinicians General RequirementsAll services, facilities, and providers shall be in compliance with all applicable federal and state regulatory requirements. Any provider on the Centers for Medicare and Medicaid Services (CMS) exclusionary list shall be prohibited from network participation. See for further detail. In accordance with requirements outlined in the OIG’s Compliance Program Guidance for Hospitals () and USSC Sentencing Guidelines (), all services, facilities, and providers shall have a compliance program in place that includes the seven elements of an effective compliance program. Accreditation and CertificationThe contractor shall meet all Medicare Conditions of Participation (CoP) and Conditions for Coverage (CfC) (where such conditions exist subject to CMS modification) as required by the U.S. Department of Health and Human Services (HHS). These conditions may be met through CMS certification or accreditation by organizations deemed by CMS to meet or exceed the CMS Medicare standards set forth in the CoP/CfC. Additional requirements for specific types of providers and clinicians are contained in other sections of this PWS. The facility accreditation requirement may be waived by the COR, who coordinates with the CO and facility, for facilities that do not have a preexisting requirement for accreditation due to Federal or State requirements. In cases in which this requirement is waived, the Contractor shall note the omission and submit proposed alternative qualification standards so as to ensure a like standard of quality to the CO and COR. CredentialingThe Contractor shall ensure all providers and clinicians within its network are credentialed in accordance with the requirements of CoP and CfC (where such conditions exist subject to CMS modification). PrivilegingThe Contractor shall ensure that every procedure, test, or other aspect of clinical care shall be performed by providers with demonstrated current competence, either though current unrestricted privileges to provide the care as required by Medicare CoP and CfC or other measures of demonstrated competency. The contractor shall make available all evidence of current credentialing and competency upon written request by the CO or COR. LicensingAll providers/clinicians shall have a full, current, unrestricted license in the state where the service(s) are delivered or as contained in section 2.c.vi.4 Rehabilitation Medicine of this PWS. Additional RequirementsLaboratory ServicesClinical laboratories shall meet requirements of the Clinical Laboratory Improvement Amendments (CLIA’88) of the Public Health Services Act (Title 42 United States Code (U.S.C.) 263a), per HHS’ implementing regulations under Title 42, Code of Federal Regulations (CFR) Part 493.Radiology ServicesOutpatient facilities providing advanced diagnostic imaging procedures shall be accredited in accordance with Medicare Improvements for Patients and Providers Act (MIPPA 2008), currently applicable to all providers of Computed Tomography (CT) Magnetic Resonance Imaging (MRI), breast MRI, nuclear medicine, and Positron Emission Tomography (PET) exams. As of January 2012, American College of Radiology (ACR) and the Intersocietal Accreditation Commission (IAC) have been deemed by CMS to provide this accreditation.Facilities providing mammography shall meet Food and Drug Administration (FDA) requirements per the Mammography Quality Standards Reauthorization Act (MQSA) of 1998, as amended by H.R.4382. Clinicians performing interventional radiology procedures shall have both General Diagnostic American College of Radiology certification as well as specific current Boards in Interventional Radiology.All radiologic technologists shall be certified by the American Registry of Radiologic Technologists (AART).?Mammography technologists(s) shall have advanced ARRT certification in mammography.Radiation OncologyRadiation oncology practices shall be accredited by the American College of Radiology. Exceptions may be submitted to the CO/COR for written approval for National Cancer Institute (NCI)-participating programs. Medical directors for radiation oncology practices shall be board-certified in radiation oncology or therapeutic radiology by the American Board of Radiology, the American Osteopathic Board of Radiology, or the Royal College of Physicians and Surgeons of Canada.A full-time medical physicist shall be part of each radiation oncology practice. These medical physicists shall be certified by the American Board of Radiology in therapeutic radiological physics or radiological physics.Rehabilitation MedicineAll inpatient rehabilitation facilities shall be accredited by the Commission on Accreditation of Rehabilitation Facilities (CARF).A rehabilitation physician shall be a licensed doctor of medicine or osteopathy who is Board Certified or Board eligible Physical Medicine and Rehabilitation (PM&R) physician and may otherwise appropriately provide rehabilitation physician services under Medicare policies.All speech language pathologists shall have a full, current and unrestricted license in the state in which services are provided. In states without licensure requirements for speech pathologist (currently Colorado and South Dakota), American Speech-Language-Hearing Association (ASHA) certification may be substituted for licensure.Unless otherwise authorized by CO/COR, providers of blind or low vision rehabilitation shall be certified by the Academy for Certification of Vision Rehabilitation & Education Professionals (ACVREP).All rehabilitation services shall conform to Medicare benefits policy rules for certification and re-certification of treatment plans and content of treatment plans.Mental HealthProviders of evidence-based psychotherapies (EBP) shall have received specialized training and experience in the EBP, including foundational instruction on?the theoretical and applied components of the therapy and ongoing supervision or expert consultation on the implementation of the therapy, e.g., a patient being referred for Cognitive Processing Therapy, shall be seen by a provider who has specialized training and experience in that treatment modality. As an example, the following is a list of EBPs the VA currently uses: Cognitive Processing Therapy (CPT) for PTSD Prolonged Exposure Therapy (PE) for PTSD Cognitive Behavioral Therapy (CBT) for depression Acceptance and Commitment Therapy (ACT) for depression Interpersonal Psychotherapy (IPT) for depression Behavioral Family Therapy (BFT) for serious mental illness Multiple Family Group Therapy (MFGT) for serious mental illness Social Skills Training (SST) for serious mental illness Integrated Behavioral Couples Therapy (IBCT) for relationship distress CBT for insomnia CBT for chronic pain Motivational Interviewing (MI) for motivation, engagement, and adherence Motivational Enhancement Therapy (MET) for substance use disorders Contingency Management (CM) for substance use disorders Behavioral Couples Therapy (BCT) for substance use disorders CBT for substance use disordersPatients with a history of Military Sexual Trauma (MST) being treated for a mental health problem related to MST shall receive care from a provider of the gender of their choice.For both inpatient and outpatient mental health care, the Contractor shall advise providers in their network of Veterans Affairs/Department of Defense (VA/DoD) Clinical Practice Guidelines (CPGs) for the diagnosed mental health problem found at . These baseline criteria should follow, but do not replace clinical judgment.Labor, Delivery and OB/GYN Prenatal CareThe Contractor shall advise providers in their network of VA/DoD Clinical Practice Guideline for Pregnancy Management found at . These are baseline criteria, but do not replace clinical judgment.SurgeryFacilities performing cancer surgery shall be accredited by the Commission on Cancer (CoC) of the American College of Surgeons unless authorization to a non-accredited facility is authorized by referring VA facility and approved in writing by CO/COR.Facilities performing cardiac surgery shall report to the Society for Thoracic Surgery (STS) National Adult Cardiac Surgery Database unless an exception is authorized by the referring VA facility and approved in writing by CO/COR.CardiologyFacilities performing cardiac catheterizations and/or percutaneous coronary interventions shall participate in the National Cardiovascular Data Registry (NCDR) CathPCI Registry unless otherwise authorized by the referring VA facility and approved in writing by the CO/COR.Facilities implanting cardioverter defibrillators (ICDs) shall participate in the NCDR ICD Registry unless otherwise authorized by the referring VA facility and approved in writing by the CO/COR.Skilled Home HealthUnless otherwise authorized by the referring VA facility and approved in writing by CO/COR, the provider shall perform better than state average on at least 50 percent of CMS quality measures for home care. VA will monitor CMS reporting databases for compliance.Office-Based Diagnostic and Therapeutic Tests and ProceduresThe Contractor shall ensure that diagnostic and therapeutic procedures performed in a setting other than an inpatient facility, hospital clinic, or ambulatory surgery center are performed in a safe manner by qualified physicians within their licensed scope of practice. This includes ensuring that physicians are appropriately trained and proficient in performing the procedure. The same credentialing requirements shall be enforced for office-based procedures. The Contractor shall also ensure that the processes for using sedation during a procedure conform to the requirements in Medicare CoP for medical centers or ambulatory surgical centers. Contractor Requirements for Maintaining Information Related to Accreditation, Certification, Credentialing, Privileging, and LicensingThe Contractor shall maintain documentation of all accreditation, certification, credentialing, privileging, and licensing for network providers performing services under this Contract. The Contractor shall sign an attestation (Deliverable 2) upon the notice to proceed and annually thereafter, certifying that all PWS accreditation, certification, credentialing, privileging/competency measures and licensing requirements are met for network providers performing services under this contract. VA reserves the right to perform random inspections of the accreditation, certification, credentialing, privileging/competency measures, and licensing files for any provider within the Contractor’s network for performance of this contract.The Contractor shall maintain and provide a list of network providers/clinicians providing health care services under this contract in an electronic format usable at the VAMC level to be updated monthly and made available in real time to VA (Deliverable 3). The information to be included on this list will be determined after award through mutual agreement between VA and Contractor (minimum includes name, address, phone number, specialty and sub-specialties, languages spoken, hospital affiliation(s)).The Contractor shall report in writing as soon as possible, but not later than 15 days after the provider is notified, to the CO/COR and the Joint (Contractor/VA) Quality and Safety Committee, the loss of or other adverse impact to a network provider’s certification, credentialing, privileging, or licensing. Loss of facility accreditation status shall be reported as soon as the Contractor is notified. The report shall contain information detailing the reasons for and circumstances related to the loss or adverse impact and shall be sent to the Contracting Officer (CO) and Contracting Officer’s Representative (COR) using contact information provided post-award. The Contractor shall immediately cease to refer patients to the provider until such time circumstances contributing to the event or loss have been resolved. The Contractor may submit a request with supporting rationale for the re-listing of such provider/facility. The Contractor shall act to coordinate transfers or other care transitions for patients under the care of the de-listed provider/facility, subject to the approval of the CO/COR, to minimize, to the maximum extent possible, the impact on the patient. Patient SafetyContractor shall report to the CO/COR via secure means within 24 hours of discovery of all patient safety events that are sentinel events, adverse events (including adverse drug events), or intentionally unsafe acts. Adverse events involving administration of drugs shall be reported to the CO and COR using FDA form 3500, or a copy of the completed form submitted to FDA online shall also be submitted to VA. The FDA reporting form can be found at . All reported patient safety events shall be investigated, confirmed, and resolved by the Contractor. A summary of findings and conclusions shall be included in the Monthly Report (Deliverable 1). Quality and Safety CommitteesContractor and VA shall establish a joint clinical quality and safety committee that shall meet quarterly, unless the CO determines that quality concerns necessitate more frequent meetings, to discuss/resolve quality and safety issues from a variety of sources such as, but not limited to, quality metrics, patient safety events, medical documentation, claims data, patient satisfaction data, patient complaints and other quality and safety concerns associated with the performance of the contract. Quality Oversight and Safety Committee Contractor shall establish a Quality Oversight and Safety Committee that will receive, evaluate and take corrective actions with regard to network performance metrics, credentialing, privileging/re-privileging, satisfaction survey results, measure of network adequacy (network inadequacy is defined as any failure to provide health care services within the contract access and quality standards), medical documentation, claims data and summary findings and recommendations of the VHA/Contractor Patient Quality and Safety Peer Review Committee, associated with the performance of the contract. VHA/Network Patient Quality and Safety Peer Review Committee Contractor shall establish a joint VHA/Contractor Patient Quality and Safety Peer Review Committee. Membership includes members comprised of Contractor and VHA practicing physicians, quality representatives, and administrative staff. The committee will report summary findings to the Contractor’s Quality Oversight and Safety Committee. Each Contractor’s committee will provide a peer review function for identified potential quality of care and patient safety issues. Substantiated patient complaints over a predetermined threshold may also be reviewed by this committee to determine if contractual remedies may need to be recommended. Committees will evaluate and delineate problem resolution. Committee responsibilities will also include reviewing data related to health care safety and quality; evaluating issues identified through tracking and trending; defining, measuring, analyzing, improving and/or controlling identified issues; performing of peer review of Veteran health care delivery, and recommending corrective actions within the context of the respective health plan contract with the COR Involvement in Quality and Safety Committee Nothing in section 2.c.ix limits the authority of the COR to evaluate the compliance of work under the contract. The CO retains the ultimate authority to take administrative actions consistent with the terms and conditions of the contract. Ordering and Authorization ProcessThe Contractor shall provide a management infrastructure and processes to support orders of authorized care by VA. Authorized VA ordering officials may submit orders (authorizations) to the Contractor, via facsimile, encrypted email, Health Insurance Portability and Accountability Act (HIPAA) compliant X12N278 transactions, or via the Contractor’s secure website. Orders shall be accompanied by VA Authorization Form 7078/7079, which is the only valid VA authorization form, found in Appendix A: 1.5 and Appendix A: 1.6 respectively. The 7078/7079 form will detail the health care services authorized and shall contain the following information:Patient’s name and contact informationPurpose of authorization and relevant diagnoses and other medical documentationType and amount of service requested (e.g., number of visits/procedures/treatments)Preferred appointment date, if knownDate by which return of information is neededPreferred gender of providerVA point of contact for emergency situations or additional information/authorization needsWhere to submit required medical documentationStation and authorization numberIf the authorization is incomplete, and the Contractor is unable to secure the required information, the Contractor should return the authorization immediately to the referring facility and inform the CO/COR of the problem. If medical documentation needed by the Contractor's network provider is not furnished with the authorization, the Contractor or individual network provider shall follow-up with the designated VA points of contact. In an urgent/emergent situation, a written authorization must be provided, but a verbal authorization is acceptable, so long as it is followed up with a written authorization within 24 hours. If the written authorization is not received by Contractor following a verbal authorization by VA, Contractor shall contact the established VA Program Management Office. Performance metrics for timeliness start with a valid authorization for the additional services. Delays will be addressed by the CO and the COR with the facility and the Contractor will not be penalized in its metrics for delays caused by the VA. Point of contact lists for each VA medical facility will be provided to the Contractor and actively managed and updated by VA. The provision of health care services shall be limited to that set forth in the authorization form. Any health care treatment requests recommended by the Contractor shall be approved and coordinated by the VA authorizing medical facility by issuance of a new unique authorization prior to the treatment being initiated by the Contractor. Provide Continuity of Care Including Access and Referral Follow UpAll transitions of care, including those necessitated by a provider leaving a network, need to be done in consultation with VA. All additional treatment requests recommended by the Contractor shall be approved by and coordinated with VA by issuance of a new unique authorization prior to the treatment being initiated. The Contractor shall be required to work/partner with VA in implementing standardized processes in relation to obtaining additional treatment requests. When multiple visits/procedures/treatments are involved in an episode of care, the number of treatments and/or time period covered by the authorization will be determined by the authorizing VA facility. Coordination of Inpatient ServicesThe Contractor shall coordinate and communicate admissions and discharges from its inpatient facility whenever inpatient health care is ordered. Care management coordination will be performed by VA in coordination with network facilities. The Contractor will work in partnership with VA to arrange for and obtain post inpatient care medications, supplies, home health services and equipment. For discharges, the Contractor shall coordinate with the authorizing VA facility, as necessary, to facilitate the transfer of the patient back to a VA facility and/or for other services, such as home health services. The Contractor shall provide immediate notification to the authorizing VAMC of discharges against medical advice (AMA); notification shall be by fax or phone, using the fax/phone numbers provided on the authorization. Emergency Health Care ServicesThis contract includes the provision of outpatient and inpatient emergency care furnished to any Veteran enrolled in the VHA Health Care System or otherwise entitled for VHA medical benefits as required under Title 38, Code of Federal Regulations, Section 17.37, who presents to a contracted emergency facility seeking emergency care. The Contractor shall notify VA within 72 hours of the Veteran self-presenting to an emergency department for care. Notification by the Contractor can be provided to VA by one of the following methods:The emergency department will contact the Veteran’s VAMC, as identified by the Veteran or family member, or the closest VAMC within 72 hours.? The Veteran’s VAMC will need to know the Veteran’s: Full name, Last four digits of social security number, The condition the Veteran is being seen for, and The mode of transportation by which the Veteran arrived, and if by ambulance, a copy of the trip report if possible.The VA Health Care Staff will determine the eligibility criteria and determine the authority in which they will pay if the Veteran is eligible.? If the Veteran is eligible, the Purchased Care Office will issue an authorization to the non-VA facility in which the Veteran self-reported.If the non-VA facility fails to follow the steps identified in paragraph a. above, the non-VA facility subsequently submits a claim for consideration of payment. If the Veteran is not determined eligible by the Purchased Care Office, under 38 USC 1728, the facility must submit the claim within 90 days of the encounter in the emergency department in order for the Veteran’s claim to be considered under the Millennium Healthcare Act?38 USC 1725.If the Veteran is being seen for authorized care and during treatment it is determined the Veteran is experiencing an emergency, the treating provider/facility must seek emergency treatment immediately and notify VA. Additionally, the local emergency department that receives the Veteran must follow the steps in paragraphs a and b above.? If a Veteran is receiving authorized services and the treating facility determines the Veteran needs a higher level of care than their facility is capable of providing, they must obtain authorization from the VA Health Care Facility prior to transferring the patient to another facility.Upon notification by the Contractor, VA will determine patient eligibility and generate an authorization to the Contractor, as appropriate, under the terms of the contract. In the event that care is not authorized by VA, the Contractor’s provider may submit claims directly to VA for re-consideration outside the terms of this contract. No separate payment shall be made for emergency department facility charges for inpatient services authorized under this contract that are subject to reimbursement under VA Inpatient Acute Care Prospective Payment System. Patient Complaints/Grievances and Customer ServiceThe Contractor shall perform customer service functions with knowledgeable, courteous and responsive staff. The Contractor shall have customer service support available from 7 AM to 7 PM, Monday through Friday, in each time zone. Telephonic support must be through a toll-free number. The Contractor shall develop materials (Deliverable 4) in partnership with VA that outline the complaint/grievance procedure and ensure the availability of adequate staff and forms for patients who seek assistance.The Contractor shall submit all patient complaints about any aspect of care to the CO and COR within one business day of receipt. The Contractor shall work with the VA to resolve complaints. Complaints may be discussed at the quarterly meetings of the joint VHA/Contractor Quality and Safety Committees (see section 2.c.ix).VA reserves the right to audit oral and written complaints and handling of complaints.The Contractor shall temporarily refrain from referring patients to providers where VA has notified the Contractor of concerns or issues with that provider until such time when that concern has been resolved.The Contractor shall forward Congressional inquiries associated with the provision of health care services under this contract to the CO/COR within one business day of receipt.Appointment Scheduling The appointment (or initial appointment for an episode of care involving multiple visits, procedures and treatments) shall be scheduled within five business days of receipt of authorization. The appointment shall take place within 14 calendar days of receipt of the authorization unless a desired appointment date is otherwise noted on the authorization form. The Contractor shall contact the patient to schedule an appointment. If the Contractor cannot reach the patient within three business days of receipt of the authorization, a secure communication shall be sent to the patient identifying the patient’s appointment date and time, provider name, a toll-free phone number and address information so the patient can contact the Contractor’s scheduling office if necessary. If a Veteran is not reached verbally (or personal contact is not made), a voice message does not replace the need for an appointment letter. A voice message does not equate to personal contact. The Contractor shall notify VA of no-shows within three business days after scheduled appointment.Patients should be seen within 20 minutes of scheduled appointment.The Contractor shall provide the following information to VA for each appointment scheduled and any recurring or follow-up appointments:Appointment date and time, provider name, phone number and addressOther patient specific information as requested by VAMC Patients shall be offered the opportunity, if requested by the patient, to receive health care from a provider of the gender of their choice. Special Provision for Urgent SchedulingFor the purpose of this contract, urgent care is defined as care considered essential to evaluate and stabilize conditions that may result in loss of life, limb or vision; or care that if not provided will likely result in unacceptable morbidity/pain when there is significant delay in evaluation or treatment. Authorizations containing the notation of “urgent” require the Contractor to schedule the patient for care within 48 hours. VA will provide a point of contact for all urgent authorizations. If the patient cannot be reached, the Contractor shall notify the referring VAMC within 24 hours. Return of medical documentation is the same as that for routine care, unless the authorization also specifies “urgent with oral report” or “urgent with written report.” Please see section 2.f for further details on Return of Medical Documentation. Specific Requirements for Pharmacy and Durable Medical Equipment/Prosthetic Devices Pharmacy?VA is primarily responsible for supplying the patient with all prescribed non-urgent/emergent medications, medical/surgical supplies and nutritional products. These must be prescribed in accordance with the VA National Formulary Handbook, which includes provisions for requesting non-formulary drugs . Prescriptions must be transmitted?by fax or other agreed-upon electronic method to VA for processing. Incomplete prescriptions will not be processed and will be returned to the prescribing provider.The Contractor may prescribe medications to be filled at a VA pharmacy or Consolidated Mail Outpatient Pharmacy (CMOP) as a part of the health care treatment authorized by VA under this contract. However, prior to a VA pharmacy?filling such prescriptions, the Contractor shall provide the following information from the prescribing provider:Prescribing provider’s namePrescribing provider’s addressPrescribing provider’s PERSONAL DEA number (NOT a generic facility number)Prescribing provider’s phone numberPrescribing provider’s fax numberPrescribing provider’s National Provider Identifier (NPI) number??When there is an urgent/emergent need to start a medication and it is not possible to obtain the medication from a VA pharmacy in the timeframe needed, the prescribing provider shall write a prescription for up to a 10 day supply (without refills). The Contractor may invoice VA for emergency medications when these are dispensed by pharmacies in the Contractor's network without charge to the patient. The patient should be informed by the provider that an emergency prescription may be obtained from a non-contracted source and VA will reimburse the patient directly.?VA shall reimburse the Contractor for brand name medication at Wholesale Acquisition Cost (WAC) minus 7%, plus a $3.00 dispensing fee, and generic medication at WAC minus 32%, plus a $3.00 dispensing fee. If the urgently/emergently needed medication is filled in a non-VA pharmacy and is expected to be continued beyond 10-days, a second prescription for the remainder of the quantity should be submitted to a VA pharmacy for processing. If that medication is not on VA’s drug formulary, the Contractor may write the initial 10-day non-formulary prescription but, for the second prescription, the Contractor shall request non-formulary drugs using the process for requesting for non-formulary drugs described above.Veterans who consent to participate in Human Subject Research studies and are enrolled in clinical trials cannot be authorized for those services under this contract.?Veterans must be referred back to their respective Non-VA Care Office for the administration and coordination of non-VA care authorizations for care concomitant with clinical trials. Durable Medical Equipment (DME)The Contractor shall coordinate requests for DME with the ordering VA facility. VA will procure all DME not bundled under other health care services provided pursuant to the Contract (e.g., hardware used in orthopedic surgery, prosthetic valves in cardiac surgery). Requests for exceptions to this requirement may be considered under special circumstances. Exceptions to this requirement will be coordinated with the ordering facility, approved, and documented in advance.Return of Medical Documentation Medical documentation recording an authorized episode of outpatient care (see section 2.g.iii Quality Assurance and Surveillance Plan) shall be submitted to VA within 14 calendar days after completion of the initial appointment. If additional appointments are conducted, medical documentation shall be submitted to VA within 14 calendar days upon completion of the episode of care. Medical documentation recording an authorized episode of inpatient care shall be submitted to VA within 30 calendar days. Critical findings have sooner report requirements as described in section 2.f.iii.1 of this PWS. The authorization may request medical documentation be returned sooner than 14 calendar days based on clinical need. Communication of information by telephone may be required when results or clinical findings necessitate an urgent response. This shall be followed up by submission of complete medical documentation within 14 calendar days. Contractors shall not bill VA until they have submitted medical documentation for both inpatient and outpatient care to VA. This process will be audited on a regular basis. For the purpose of this contract, urgent care is defined as care considered essential to evaluate and stabilize conditions that may result in loss of life, limb or vision; or care that if not provided will likely result in unacceptable morbidity/pain when there is significant delay in evaluation or treatment.For the purpose of defining return of verbal and written medical documentation, the definition of urgent is further defined as follows:Urgent with Oral Report shall be provided to point of contact as designated on authorization within 48 hours of finding. The following will be written on the authorization: Urgent scheduling Oral report plus written report per contract performance standardsUrgent with Written Report shall be provided to point of contact as designated on authorization within 48 hours of finding. The following will be written on the authorization: Urgent scheduling Written report per contract performance standards. No oral report requiredThe patient shall be notified of test results by the non-VA provider within 14 calendar days of the authorized episode of care.As further medical documentation electronic capabilities (i.e., national electronic health record formats and sharing) are developed, these more sophisticated methods will be adopted by VA in collaboration with the Contractor. Content of Medical Documentation to be Transmitted to VAAt the completion of the authorized episode of care, the Contractor shall submit medical documentation to VA that includes, as applicable, the information listed below:Patient identification; to include name, sex, last four digits of the social security number, and date of birthInitial assessment and reassessments appropriate for clinical condition, including, but not limited to: Relevant medical history and physical examination, including inventory of body systems Vital signs Pain assessment (using 0-10 scale)Initial and final diagnoses/diagnostic impressionsTherapeutic goalCare plans and rationale, including rationale for diagnostic and therapeutic proceduresDiagnostic and therapeutic procedures, treatments, and tests and their resultsSpecific care/services provided, including medication use and medication allergies or sensitivitiesPatient’s response to care/servicesSafety measures required to protect the patient from injuryPatient’s functional limitations and activity restrictions related to the care or services providedList of all medications and recommended/ordered durable medical equipment/prostheticsInstructions given to patientRecommended follow-upMedical documentation shall contain the patient’s name, date of birth and last four digits of the patient’s social security number on each page of the documentation and be returned to VA in PDF format via VA-acceptable secure transmission (i.e. secure fax, encrypted email, etc.) See Deliverables Section 4.c.For purposes of clinical care of the patient or for quality assurance, VA may request additional information. Additional service-specific requirements are listed below. Special Requirements for Contents and Transmission of Medical DocumentationCritical FindingsCritical findings on outpatient imaging or laboratory testing, or during evaluation and treatment, shall be transmitted to VA by phone within 24 hours upon completion of the test/evaluation/treatment. Contact with VA (i.e., name of person contacted, date and time of contact) shall be documented in the impression section of the diagnostic imaging report, or elsewhere in the medical documentation for non-imaging-related critical findings.Newly-identified suicide risk in a patient not referred for inpatient mental health treatment shall be considered a critical finding.A new diagnosis of cancer shall be reported to VA within 48 hours of diagnosis.Immediate notification (within 24 hours) to authorizing VA facility if provider determines that referred patient requires: Urgent follow-up after completion of authorized episode of care, or Urgent additional care during the authorized episode of care.PathologyThe Contractor is not normally required to return pathology slides to the authorizing VA facility. However, the Contractor shall ensure that pathology slides for biopsies performed under this contract are made available to VA within five business days of contractor’s receipt of a VA request for the slides.RadiologyFilms and reports shall each be identified by patient name, date of birth, last four digits of the social security number, and date of procedure. A Current Procedural Terminology (CPT) code reflecting the nature of the exam shall also be listed on each report.All radiology reports shall be submitted to VA within 48 hours of the examination, and report returned within 14 days. The Contractor shall make films available upon request from the authorizing VA facility.SurgeryUpon the patient’s discharge after an authorized surgical procedure, the Contractor shall complete and return to VA the VA Purchased Surgical Care Patient Outcome Form in Appendix A: 1.7 along with the other requisite clinical feedback (see section 2.f.ii – Contents of Medical Documentation to be transmitted to VA).OncologyMedical documentation submitted to VA for patients referred for medical/radiation oncology services shall include information stated in Appendix A: 1.8.All newly diagnosed cancer/carcinomas identified during test or treatment shall be reported to VA within 48 hours (as critical findings).GastroenterologyMedical documentation submitted to VA for patients referred for gastroenterology procedures (e.g. Colonoscopy, Sigmoidoscopy, Esophagogastroduodenoscopy (EGD), Endoscopic retrograde Cholangiopancreatography (ERCP), and Endoscopic Ultrasonography (EUS)) shall include information stated in Appendix A: 1.9.Skilled Home HealthThe initial plan of care shall be submitted to VA within three business days of authorization. Discharge summary shall be submitted within five days of completion of authorized episode of care.Inpatient RehabilitationFunctional status and functional status change from onset of treatment through discharge documented using CMS’s Inpatient Rehabilitation Facility Patient Assessment Instrument (IRF-PAI) shall be documented and reported to VA. The IRF-PAI example can be found at: Vision RehabilitationThe VA Low Vision Visual Functioning (VA LV VFQ 20) Survey is to be administered at baseline, and again within two to four weeks post-discharge or end of treatment. Rehabilitative staff not directly involved in patient rehabilitation training should administer the survey, to avoid respondent bias. Since many respondents would be visually impaired or blind, a mail-out version of this survey should be used only when it is certain that the respondent has appropriate assistance as described in the instructions contained within Appendix A: 1.10. A. copy of the survey is in Appendix A: 1.11.Mental HealthPsychotherapy notes, defined as “notes recorded in any medium by a mental health professional documenting or analyzing the contents of conversation during a private counseling session,” shall be kept separate from the patient’s medical record, per HIPAA regulations. However, medication prescription and monitoring (as appropriate), counseling session start and stop times, modalities and frequencies of treatment, results of clinical tests, and any summary of diagnosis, functional status, treatment plans, symptoms, prognosis or progress shall be provided in the medical record and do not require patient authorization for disclosure. Inpatient Mental HealthIf suicide risk is a clinical issue, the patient shall be provided a written copy of the patient’s personal Suicide Prevention Safety Plan (reference ). The plan shall include the Veterans Crisis Line telephone number, 1-800-273-8255.Quality, Safety Reporting and Performance Metrics The Contractor shall establish and implement a Quality Assurance Plan (QAP) which corresponds to the VA Quality Assurance and Surveillance Plan, which monitors, evaluates, and appropriately addresses its quality assurance, performance measurement, and other quality and safety-related issues. The plan shall be in compliance with all relevant Federal or State laws and regulations. The Contractor shall submit a copy of its plan to the CO/COR for approval before commencement of contract performance and every 12 months thereafter.VA may perform random onsite visits to provider locations through coordination with the Contractor to inspect physical operations and/or review records of VA patients, speak with patients, review quality and completeness of accreditation, certification, and credentialing, privileging and licensing documentation. Clinical Quality and Patient Safety MeasuresThe Contractor shall provide VA with all CMS-reported data not later than?time of publication of the data on the CMS website. In addition The Joint Commission’s ORYX measures results?for Contractor networks (including any of the Contractor’s component networks/plans) will be provided to VA not later than the date of publication to The Joint Commission. The CMS and ORYX metrics shall be reported to VA regardless of whether the networks’/plans’ data are actually published on existing Joint Commission or CMS websites. Further, the contractor will report on those measures of focus in the CMS Partnership for Patients Campaign that are not already covered in the CMS or Oryx measures. The quality measures (including measures of patient experience of care) and other quality and safety-related information currently reported to and publicly reported by CMS and ORYX will be used by VA to help VA evaluate whether care purchased under this contract is comparable to that provided at VA facilities.In addition, the Contractor shall furnish the Executive Summary PDFs from each of the clinical registry programs (STS and NCDR) at least annually from facilities performing cardiac surgery, cardiac catheterizations/percutaneous coronary interventions (PCI), and/or implantation of cardioverter defibrillators:STS National Adult Cardiac Surgery Database annual report: data for previous year at beginning of contract, then annually (Deliverable 5)NCDR annual database reports for CathPCI (for cardiac catheterization and PCI) and ICD Data Registry (for implanted cardioverter defibrillators): data for previous year at beginning of contract, then annually (Deliverable 6)Metrics and other information related to clinical quality/patient satisfaction will be reviewed by VA and discussed at the quarterly meetings of the Joint Quality Oversight and Safety Committee (see section 2.c.ix). Quality Assurance and Surveillance Plan (QASP)The Contractor shall meet performance targets established by the QASP. To provide for changing quality assurance and quality performance conditions, either VA or the Contractor may request changes to the components of QASP measurement and reporting.The Contractor shall address all QASP performance metrics and whether the performance threshold has been met and/or exceeded for each standard in its Monthly Report (Deliverable 1).Prohibition on Marketing to Veterans The Contractor shall not market PC3 to Veterans. All publications or materials targeted for Veterans about PC3, or any non-VA care, are to be created with and approved in writing by VA via the CO.Health Care Claims Processing The Contractor shall submit health care claims (invoices) via HIPAA-compliant Electronic Data Interchange (EDI) transaction sets through VA’s designated clearinghouse within 180 calendar days of the end of episode of care. For labor and delivery services the contractor shall submit separate inpatient claims for the mother and newborn. In addition to HIPAA required and standard record elements, the invoices shall include:VA station number and VA authorization number from VA authorization in record location desired by VA,Rendering provider’s NPI, Billing entity NPI, if a covered entity, and Place of service code For more details on submitting claims, please refer to contract section B.1, paragraph 3. The Contractor shall ensure that the patient is not billed by the Contractor or any Contractor provider where VA has authorized care under this contract. Rejected invoicesInvoices considered incomplete that require additional information for processing shall be rejected for correction and re-submission. Reasons for return may include, but are not limited to: missing VA required data as specified above, the need for additional supporting documentation, or correction and explanation of medical coding discrepancies on the claims. Invoices may require specific medical documentation prior to processing. In all cases, discharge summaries are required for inpatient care invoices prior to payment. For outpatient care, reports of diagnostic and therapeutic procedures, treatments, tests and their results are required prior to processing. Denied Invoices/ResubmissionsResubmission for reconsideration of payment must be done within 12 months from date of denial. Special shipment of images, disks, etc. shall be requested either via the authorization authorizing/ordering the care or via other ordering documentation. VA will only pay for the shipping charges when requested to ship outside of normal medical documentation exchange requirements. Those charges should be submitted on an invoice to the requesting VAMC through the Austin Financial Services Center described in B.1.4.b.? Invoices for administrative fees (sub-CLIN XXX9AA) shall be submitted on a monthly basis in accordance with the instructions provided in 52.212-4(g). Concurrently, an electronic copy of the invoice shall be provided to the COR. The invoices will, at a minimum, include the vendor tax identification number, VA provided obligation number, authorizing VISN and VAMC identification number, VA generated authorization number, date(s) of service, and associated billing CLIN.DELIVERABLESContractor must be prepared to comply with requests for information, including those originating from Congress, using company letterhead, complete sentences, and professional English. Contractor shall comply with the requests of Government and independent auditors during audits of this contract and all associated contract documentation, including but not limited to invoices and medical records. Delivery Address All deliverables shall be submitted to the COR designated in the COR appointment letter.Method of Delivery Electronic copies shall be delivered using Microsoft Office suite of tools (for example, MS WORD, MS EXCEL, MS POWERPOINT, MS PROJECT, or MS ACCESS format), unless otherwise specified by the COR. Electronic submission shall be made via secure e-mail, unless otherwise agreed to in writing by the COR.Electronic Signatures Paper documentation shall be authenticated prior to document imaging (scanning). An electronic signature is considered authenticated and does not need to be handwritten. The document shall clearly indicate that this is an electronic signature and not a typed signature block, such as transcription typing a physician’s name at the bottom of a discharge summary. Reference: VHA Handbook 1907.01 found at Acceptance Period The COR will have five business days after receipt to review draft deliverables, notate deficiencies or make other comments. The Contractor shall have two business days after receipt to make corrections. Upon receipt of the final deliverables, the COR will have two business days after receipt for final review prior to acceptance or providing documented reasons for rejection for failure to comply with Contract requirements. In the event of a rejected deliverable, the Contractor shall be notified in writing by the COR of the specific reasons for rejection. The Contractor shall have five business days to correct the rejected deliverable and return it per delivery instructions.Deliverable Schedule The Contractor shall provide access to program data related to the Contractor’s management activities to include monthly, quarterly, and ad hoc reports for key deliverables referenced in Deliverable 1. The Contractor shall deliver the following deliverables to the COR within the timelines specified:DeliverableTitleReference PWS SectionDelivery DateSubsequent Delivery Dates1Monthly Report, to include summaries regarding patient safety events; a summary of Veteran complaints/grievances; number of authorizations received; success at meeting timeliness of appointment goals; success at meeting timeliness of medical documentation return goals; confirmation of HIPAA compliance; loss or other adverse impact to a network provider’s accreditation, certification, and credentialing, privileging and licensing; and a summary of summary administrative fee data2.c.vii2.c.viii2.d2.e2.f2.g.iiiNo later than 60 days after start of workMonthly, by the 10th day of each month2Contractor signed attestation statements2.c.viiContract start dateAnnually3Contractor provider list (provision of list or access to list)2.c.viiContract start dateMinimum update of every 30 days4Patient compliant/grievance process2.c.xivContract start dateUpdated as needed5STS National Adult Cardiac Surgery Database annual report2.g.iiContract start date (data for previous year)Annually 6National Cardiovascular Data Registry (NCDR) annual database reports for CathPCI (for cardiac catheterization and PCI) and ICD Data Registry (for implanted cardioverter defibrillators)2.g.iiContract start date (data for previous year)AnnuallyB.4 IT CONTRACT SECURITY VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY 1. GENERAL Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security. For the purpose of this contract VA information and information system security and privacy requirements do not apply to the contractor’s network healthcare providers. 2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS a. A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order. b. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures. The level of background security investigations for this effort is Low (NACI). c. Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness. d. Custom software development and outsourced operations must be located in the U.S. to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the contractor/subcontractor must state where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor. e. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor's employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor when practical prior to, but within 1 business day prior to an unfriendly termination. 3. VA INFORMATION CUSTODIAL LANGUAGE a. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data – Special Works, FAR 52.227-17. b. VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor's information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA's information is returned to the VA or destroyed in accordance with VA's sanitization requirements. VA reserves the right to conduct on site inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements. c. Prior to termination or completion of this contract, contractor/ subcontractor must not destroy information received from VA, or gathered/ created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract. d. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract. e. The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed. f. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12. g. If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship. h. The contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated. i. The contractor/subcontractor's firewall and Web services security controls, if applicable, shall meet or exceed VA's minimum requirements. VA Configuration Guidelines are available upon request. j. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA's prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response. k. Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response. l. For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require C&A or an MOU-ISA for system interconnection, the contractor/subcontractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the COTR. 4. INFORMATION SYSTEM DESIGN AND DEVELOPMENT a. Information systems that are designed or developed for or on behalf of VA at non-VA facilities shall comply with all VA directives developed in accordance with FISMA, HIPAA, NIST, and related VA security and privacy control requirements for Federal information systems. This includes standards for the protection of electronic PHI, outlined in 45 C.F.R. Part 164, Subpart C, information and system security categorization level designations in accordance with FIPS 199 and FIPS 200 with implementation of all baseline security controls commensurate with the FIPS 199 system security categorization (reference Appendix D of VA Handbook 6500, VA Information Security Program). During the development cycle a Privacy Impact Assessment (PIA) must be completed, provided to the COTR, and approved by the VA Privacy Service in accordance with Directive 6507, VA Privacy Impact Assessment. b. The contractor/subcontractor shall certify to the COTR that applications are fully functional and operate correctly as intended on systems using the VA Federal Desktop Core Configuration (FDCC), and the common security configuration guidelines provided by NIST or the VA. This includes Internet Explorer 7 configured to operate on Windows XP and Vista (in Protected Mode on Vista) and future versions, as required. c. The standard installation, operation, maintenance, updating, and patching of software shall not alter the configuration settings from the VA approved and FDCC configuration. Information technology staff must also use the Windows Installer Service for installation to the default "program files" directory and silently install and uninstall. d. Applications designed for normal end users shall run in the standard user context without elevated system administration privileges. e. The security controls must be designed, developed, approved by VA, and implemented in accordance with the provisions of VA security system development life cycle as outlined in NIST Special Publication 800-37, Guide for Applying the Risk Management Framework to Federal Information Systems, VA Handbook 6500, Information Security Program and VA Handbook 6500.5, Incorporating Security and Privacy in System Development Lifecycle. f. The contractor/subcontractor is required to design, develop, or operate a System of Records Notice (SOR) on individuals to accomplish an agency function subject to the Privacy Act of 1974, (as amended), Public Law 93-579, December 31, 1974 (5 U.S.C. 552a) and applicable agency regulations. Violation of the Privacy Act may involve the imposition of criminal and civil penalties. g. The contractor/subcontractor agrees to: (1) Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies: (a) The Systems of Records (SOR); and (b) The design, development, or operation work that the contractor/ subcontractor is to perform; (1) Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the redesign, development, or operation of a SOR on individuals that is subject to the Privacy Act; and (2) Include this Privacy Act clause, including this subparagraph (3), in all subcontracts awarded under this contract which requires the design, development, or operation of such a SOR. h. In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a SOR on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a SOR on individuals to accomplish an agency function. For purposes of the Act, when the contract is for the operation of a SOR on individuals to accomplish an agency function, the contractor/subcontractor is considered to be an employee of the agency. (1) "Operation of a System of Records" means performance of any of the activities associated with maintaining the SOR, including the collection, use, maintenance, and dissemination of records. (2) "Record" means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history and contains the person's name, or identifying number, symbol, or any other identifying particular assigned to the individual, such as a fingerprint or voiceprint, or a photograph. (3) "System of Records" means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. i. The vendor shall ensure the security of all procured or developed systems and technologies, including their subcomponents (hereinafter referred to as "Systems"), throughout the life of this contract and any extension, warranty, or maintenance periods. This includes, but is not limited to workarounds, patches, hotfixes, upgrades, and any physical components (hereafter referred to as Security Fixes) which may be necessary to fix all security vulnerabilities published or known to the vendor anywhere in the Systems, including Operating Systems and firmware. The vendor shall ensure that Security Fixes shall not negatively impact the Systems. j. The vendor shall notify VA within 24 hours of the discovery or disclosure of successful exploits of the vulnerability which can compromise the security of the Systems (including the confidentiality or integrity of its data and operations, or the availability of the system). Such issues shall be remediated as quickly as is practical, but in no event longer than 2 days. k. When the Security Fixes involve installing third party patches (such as Microsoft OS patches or Adobe Acrobat), the vendor will provide written notice to the VA that the patch has been validated as not affecting the Systems within 10 working days. When the vendor is responsible for operations or maintenance of the Systems, they shall apply the Security Fixes within 2 days. l. All other vulnerabilities shall be remediated as specified in this paragraph in a timely manner based on risk, but within 60 days of discovery or disclosure. Exceptions to this paragraph (e.g. for the convenience of VA) shall only be granted with approval of the contracting officer and the VA Assistant Secretary for Office of Information and Technology. 5. INFORMATION SYSTEM HOSTING, OPERATION, MAINTENANCE, OR USE a. For information systems that are hosted, operated, maintained, or used on behalf of VA at non-VA facilities, contractors/subcontractors are fully responsible and accountable for ensuring compliance with all HIPAA, Privacy Act, FISMA, NIST, FIPS, and VA security and privacy directives and handbooks. This includes conducting compliant risk assessments, routine vulnerablity scanning, system patching and change management procedures, and the completion of an acceptable contingency plan for each system. The contractor's security control procedures must be equivalent, to those procedures used to secure VA systems. A Privacy Impact Assessment (PIA) must also be provided to the COTR and approved by VA Privacy Service prior to operational approval. All external Internet connections to VA's network involving VA information must be reviewed and approved by VA prior to implementation. b. Adequate security controls for collecting, processing, transmitting, and storing of Personally Identifiable Information (PII), as determined by the VA Privacy Service, must be in place, tested, and approved by VA prior to hosting, operation, maintenance, or use of the information system, or systems by or on behalf of VA. These security controls are to be assessed and stated within the PIA and if these controls are determined not to be in place, or inadequate, a Plan of Action and Milestones (POA&M) must be submitted and approved prior to the collection of PII. c. Outsourcing (contractor facility, contractor equipment or contractor staff) of systems or network operations, telecommunications services, or other managed services requires certification and accreditation (authorization) (C&A) of the contractor's systems in accordance with VA Handbook 6500.3, Certification and Accreditation and/or the VA OCS Certification Program Office. Government- owned (government facility or government equipment) contractor-operated systems, third party or business partner networks require memorandums of understanding and interconnection agreements (MOU-ISA) which detail what data types are shared, who has access, and the appropriate level of security controls for all systems connected to VA networks. d. The contractor/subcontractor's system must adhere to all FISMA, FIPS, and NIST standards related to the annual FISMA security controls assessment and review and update the PIA. Any deficiencies noted during this assessment must be provided to the VA contracting officer and the ISO for entry into VA's POA&M management process. The contractor/subcontractor must use VA's POA&M process to document planned remedial actions to address any deficiencies in information security policies, procedures, and practices, and the completion of those activities. Security deficiencies must be corrected within the timeframes approved by the government. Contractor/subcontractor procedures are subject to periodic, unannounced assessments by VA officials, including the VA Office of Inspector General. The physical security aspects associated with contractor/ subcontractor activities must also be subject to such assessments. If major changes to the system occur that may affect the privacy or security of the data or the system, the C&A of the system may need to be reviewed, retested and re- authorized per VA Handbook 6500.3. This may require reviewing and updating all of the documentation (PIA, System Security Plan, Contingency Plan). The Certification Program Office can provide guidance on whether a new C&A would be necessary. e. The contractor/subcontractor must conduct an annual self assessment on all systems and outsourced services as required. Both hard copy and electronic copies of the assessment must be provided to the COTR. The government reserves the right to conduct such an assessment using government personnel or another contractor/subcontractor. The contractor/subcontractor must take appropriate and timely action (this can be specified in the contract) to correct or mitigate any weaknesses discovered during such testing, generally at no additional cost. f. VA prohibits the installation and use of personally-owned or contractor/ subcontractor-owned equipment or software on VA's network. If non-VA owned equipment must be used to fulfill the requirements of a contract, it must be stated in the service agreement, SOW or contract. All of the security controls required for government furnished equipment (GFE) must be utilized in approved other equipment (OE) and must be funded by the owner of the equipment. All remote systems must be equipped with, and use, a VA-approved antivirus (AV) software and a personal (host-based or enclave based) firewall that is configured with a VA-approved configuration. Software must be kept current, including all critical updates and patches. Owners of approved OE are responsible for providing and maintaining the anti-viral software and the firewall on the non-VA owned OE. g. All electronic storage media used on non-VA leased or non-VA owned IT equipment that is used to store, process, or access VA information must be handled in adherence with VA Handbook 6500.1, Electronic Media Sanitization upon: (i) completion or termination of the contract or (ii) disposal or return of the IT equipment by the contractor/subcontractor or any person acting on behalf of the contractor/subcontractor, whichever is earlier. Media (hard drives, optical disks, CDs, back-up tapes, etc.) used by the contractors/ subcontractors that contain VA information must be returned to the VA for sanitization or destruction or the contractor/subcontractor must self-certify that the media has been disposed of per 6500.1 requirements. This must be completed within 30 days of termination of the contract. h. Bio-Medical devices and other equipment or systems containing media (hard drives, optical disks, etc.) with VA sensitive information must not be returned to the vendor at the end of lease, for trade-in, or other purposes. The options are: (1) Vendor must accept the system without the drive; (2) VA's initial medical device purchase includes a spare drive which must be installed in place of the original drive at time of turn-in; or (3) VA must reimburse the company for media at a reasonable open market replacement cost at time of purchase. (4) Due to the highly specialized and sometimes proprietary hardware and software associated with medical equipment/systems, if it is not possible for the VA to retain the hard drive, then; (a) The equipment vendor must have an existing BAA if the device being traded in has sensitive information stored on it and hard drive(s) from the system are being returned physically intact; and (b) Any fixed hard drive on the device must be non-destructively sanitized to the greatest extent possible without negatively impacting system operation. Selective clearing down to patient data folder level is recommended using VA approved and validated overwriting technologies/methods/tools. Applicable media sanitization specifications need to be pre-approved and described in the purchase order or contract. (c) A statement needs to be signed by the Director (System Owner) that states that the drive could not be removed and that (a) and (b) controls above are in place and completed. The ISO needs to maintain the documentation. 6. SECURITY INCIDENT INVESTIGATION a. The term "security incident" means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/ subcontractor shall immediately notify the COTR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/ subcontractor has access. b. To the extent known by the contractor/subcontractor, the contractor/ subcontractor's notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant. c. With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach. Notifications need to be made in accordance with the executed business associate agreement. d. In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement. The contractor, its employees, and its subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident. 7. LIQUIDATED DAMAGES FOR DATA BREACH a. Consistent with the requirements of 38 U.S.C. 5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract. b. The contractor/subcontractor shall provide notice to VA of a "security incident" as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination. c. Each risk analysis shall address all relevant information concerning the data breach, including the following: (1) Nature of the event (loss, theft, unauthorized access); (2) Description of the event, including: (a) date of occurrence; (b) data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code; (3) Number of individuals affected or potentially affected; (4) Names of individuals or groups affected or potentially affected; (5) Ease of logical data access to the lost, stolen or improperly accessed data in light of the degree of protection for the data, e.g., unencrypted, plain text; (6) Amount of time the data has been out of VA control; (7) The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons); (8) Known misuses of data containing sensitive personal information, if any; (9) Assessment of the potential harm to the affected individuals; (10) Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; and (11) Whether credit protection services may assist record subjects in avoiding or mitigating the results of identity theft based on the sensitive personal information that may have been compromised. d. Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the VA liquidated damages in the amount of $37.50 per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following: (1) Notification; (2) One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports; (3) Data breach analysis; (4) Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution; (5) One year of identity theft insurance with $20,000.00 coverage at $0 deductible; and (6) Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs. 8. SECURITY CONTROLS COMPLIANCE TESTING On a periodic basis, VA, including the Office of Inspector General, reserves the right to evaluate any or all of the security controls and privacy practices implemented by the contractor under the clauses contained within the contract. With 10 working-day's notice, at the request of the government, the contractor must fully cooperate and assist in a government-sponsored security controls assessment at each location wherein VA information is processed or stored, or information systems are developed, operated, maintained, or used on behalf of VA, including those initiated by the Office of Inspector General. The government may conduct a security control assessment on shorter notice (to include unannounced assessments) as determined by VA in the event of a security incident or at any other time.9. TRAINING a. All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and its systems: (1) Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, Appendix E relating to access to VA information and information systems; (2) Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training; (3) Successfully complete the appropriate VA privacy training and annually complete required privacy training; and (4) Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system access [to be defined by the VA program official and provided to the contracting officer for inclusion in the solicitation document - e.g., any role-based information security training required in accordance with NIST Special Publication 800-16, Information Technology Security Training Requirements.] b. The contractor shall provide to the contracting officer and/or the COTR a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required. c. Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete. (End of Clause)SECTION C - CONTRACT CLAUSESC.1 52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (FEB 2012)(TAILORED) (a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights- (1) Within a reasonable time after the defect was discovered or should have been discovered; and (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. (b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract. (c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties. VA may make unilateral changes subject to the Disputes clause. (d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract. (e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. (f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. (g) Invoice. (1) The Contractor shall submit an original invoice and three copies(or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include- (i) Name and address of the Contractor; (ii) Invoice date and number; (iii) Contract number, contract line item number and, if applicable, the order number; (iv) Description, quantity, unit of measure, unit price and extended price of the items delivered; (v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading; (vi) Terms of any discount for prompt payment offered; (vii) Name and address of official to whom payment is to be sent; (viii) Name, title, and phone number of person to notify in event of defective invoice; and (ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract. (x) Electronic funds transfer (EFT) banking information. (A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract. (B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-- Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer--Other Than Central Contractor Registration), or applicable agency procedures. (C) EFT banking information is not required if the Government waived the requirement to pay by EFT. (2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315. (h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings. (i) Payment.- (1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract. (2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315. (3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause. (4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made. (5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-- (i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-- (A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment); (B) Affected contract number and delivery order number, if applicable; (C) Affected contract line item or subline item, if applicable; and (D) Contractor point of contact. (ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer. (6) Interest. (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid. (ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract. (iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if-- (A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days; (B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or (C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2). (iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment. (v) Amounts shall be due at the earliest of the following dates: (A) The date fixed under this contract. (B) The date of the first written demand for payment, including any demand for payment resulting from a default termination. (vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-- (A) The date on which the designated office receives payment from the Contractor; (B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or (C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor. (vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract. (j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon: (1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or (2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination. (k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties. (l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided. (m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience. (n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession. (o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. (p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items. (q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract. (r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity. (s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) The schedule of supplies/services. (2) The Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts paragraphs of this clause. (3) The clause at 52.212-5. (4) Addenda to this solicitation or contract, including any license agreements for computer software. (5) Solicitation provisions if this is a solicitation. (6) Other paragraphs of this clause. (7) The Standard Form 1449. (8) Other documents, exhibits, and attachments (9) The specification. (t) Central Contractor Registration (CCR). (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (2)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name. (ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract. (3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor's CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract. (4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via CCR accessed through or by calling 1-888-227-2423 or 269-961-5757.(End of Clause)ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMSClauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.The following clauses are incorporated into 52.212-4 as an addendum to this contract:C.2 52.216-16 INCENTIVE PRICE REVISION--FIRM TARGET (OCT 1997) (TAILORED) (a) General. The supplies or services identified in the Schedule as Items XX10AA, Administrative Services Fee per Completed Authorization, are subject to price revision in accordance with this clause; provided, that in no event shall the total final price of these items exceed the ceiling price of $______ (to be determined upon contract award). The ceiling price will be the maximum administrative fee price multiplied by the maximum incentive of 3% for the period of performance. Any supplies or services that are to be(1) ordered separately under, or otherwise added to, this contract and(2) subject to price revision in accordance with the terms of this clause shall be identified as such in a modification to this contract.(b) Definition. “Costs,” as used in this clause, means allowable costs in accordance with Part 31 of the Federal Acquisition Regulation (FAR) in effect on the date of this contract.(c) Data submission.(1) Within 10 days after the end of each month the Contractor shall submit the monthly reports related to the performance incentive in accordance with the PWS Deliverable Schedule. In addition to monthly reports the Contractor shall submit a report of delivered supplies and/or completed services specified by item number in paragraph (a) of this clause. The Contractor shall submit in the format of Table 15-2, FAR 15.408, or in any other form on which the parties agree --(i) A detailed invoice of the administrative fees for the preceding month; (ii) An estimate of the incentive or disincentive the Contractor believes will be applied to the administrative fee.(iii) Any other relevant data that the Contracting Officer may reasonably require.(2) If the Contractor fails to submit the data required by subparagraph (c)(1) of this clause within the time specified and it is later determined that the Government has overpaid the Contractor, the Contractor shall repay the excess to the Government immediately. Unless repaid within 30 days after the end of the data submittal period, the amount of the excess shall bear interest, computed from the date the data were due to the date of repayment, at the rate established in accordance with the Interest clause.(d) Price revision. Upon the Contracting Officer’s receipt of the data required by paragraph (c) of this clause, the Contracting Officer will provide the information to the Fee Determining Official (FDO). The FDO will unilaterally make the incentive determination in accordance with the incentive evaluation plan. (1) On the basis of the information required by paragraph (c) of this clause, together with any other pertinent information, and in accordance with the incentive fee evaluation plan the FDO shall determine the total final cost to be incurred for the services performed and accepted by the Government which are subject to price revision under this clause. (2) The total final price shall be established by applying to the total final negotiated cost adjustment for profit or loss, as follows:(i) The incentives are calculated monthly based on the prior three months of performance and applied to the currents month’s administrative fee. Contractor’s administrative fee shall be increased (incentive) or decreased (disincentive) by a maximum of three (3) percent of Administrative Services Fee, sub-CLIN 00010AA, based on previous three months’ performance and a weighted average of Quality Assurance Surveillance Plan (QASP) performance objectives 1, 2, and 4.(ii) Payments or deductions shall apply to the total amount of completed authorizations and shall be applied according to the methodology below for QASP objectives 1, 2, and 4.3% increase for performance greater than or equal to 97.5%2% increase for performance greater than or equal to 95.0% and less than 97.5%1% increase for performance greater than or equal to 92.5% and less than 95.0%No incentive or disincentive for performance greater than 87.5% and less than 92.5%1% decrease for performance greater than 85.0% and less than or equal to 87.5%2% decrease for performance greater than 82.5% and less than or equal to 85.0%3% decrease for performance less than or equal to 82.5%(iii) Performance on any objective falling below 80% will render the entire month ineligible for an incentive payment, regardless of the final weighted average.(e) Contract modification. The total final price of the items specified in paragraph (a) of this clause shall be evidenced by a modification to this contract, signed by the Contracting Officer. This price shall not be subject to revision, notwithstanding any changes in the cost of performing the contract, except to the extent that --(1) The parties may agree in writing, before the determination of total final price, to exclude specific elements of cost from this price and to a procedure for subsequent disposition of those elements; and(2) Adjustments or credits are explicitly permitted or required by this or any other clause in this contract.(f) Adjusting billing prices. Pending execution of the contract modification (see paragraph (e) of this clause), the Contractor shall submit invoices or vouchers in accordance with billing prices as provided in this paragraph. The billing prices shall be the target prices shown in this contract. (g) [Intentionally omitted.](h) Subcontracts. No subcontract placed under this contract may provide for payment on a cost-plus-a-percentage-of-cost basis.(i) Disagreements. The FDO’s determination of the incentive fee or disincentive fee is not subject to appeal under the Disputes clause of the contract. (j) Termination. If this contract is terminated before the total final price is established, prices of supplies or services subject to price revision shall be established in accordance with this clause for(1) completed supplies and services accepted by the Government and(2) those supplies and services not terminated under a partial termination.All other elements of the termination shall be resolved in accordance with other applicable clauses of this contract.(k) Equitable adjustment under other clauses. If an equitable adjustment in the contract price is made under any other clause of this contract before the total final price is established, the adjustment shall be made in the total target cost and may be made in the maximum dollar limit on the total final price, the total target profit, or both. If the adjustment is made after the total final price is established, only the total final price shall be adjusted.(l) Exclusion from target price and total final price. If any clause of this contract provides that the contract price does not or will not include an amount for a specific purpose, then neither any target price nor the total final price includes or will include any amount for that purpose.(m) Separate reimbursement. If any clause of this contract expressly provides that the cost of performance of an obligation shall be at Government expense, that expense shall not be included in any target price or in the total final price, but shall be reimbursed separately.(n) Taxes. As used in the Federal, State, and Local Taxes clause or in any other clause that provides for certain taxes or duties to be included in, or excluded from, the contract price, the term “contract price’’ includes the total target price or, if it has been established, the total final price. When any of these clauses requires that the contract price be increased or decreased as a result of changes in the obligation of the Contractor to pay or bear the burden of certain taxes or duties, the increase or decrease shall be made in the total target price or, if it has been established, in the total final price, so that it will not affect the Contractor’s profit or loss on this contract.(End of Clause)C.3 52.216-18 ORDERING (OCT 1995) (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from effective date of the contract through four additional option periods and up to two additional years if all options periods are exercised. (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control. (c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.(End of Clause)C.4 52.216-19 ORDER LIMITATIONS (OCT 1995) (TAILORED) (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than one episode of care for one unique veteran, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order. The Contractor is not obligated to honor more than 33,000 authorizations per month. (c) In the event the maximum is exceeded the contractor will return the excess authorizations to the ordering facility within three (3) business days, if the contractor does not intend to honor the excess.(End of Clause)C.5 52.216-22 INDEFINITE QUANTITY (OCT 1995) (a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in Attachment 3 to the Schedule are estimates only and are not purchased by this contract. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the dollar value designated in C.25 as the "maximum." The Government shall order at least the dollar value of supplies or services designated in C.25 as the "minimum." (c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that, apart from the requirements of such order(s), the Contractor shall not be required to make any deliveries under this contract after the completion of any exercised option year..(End of Clause)C.6 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed six months. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days of contract expiration. (End of Clause)C.7 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (TAILORED) (a) The Government may extend the term of this contract by written notice to the Contractor within 30 days of contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed eight (8) years. For the exercise of any options without pre-established pricing, individual CLIN pricing for such options will be based on the negotiated difference in pricing between the most recent pre-priced option periods or the Consumer Price Index (CPI) for medical care service, the lower percentage of the two.(End of Clause)C.8 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008) The bidder or offeror agrees that if awarded a contract, as a result of this solicitation, it will not advertise the award of the contract in its’ commercial advertising in such a manner as to state or imply that the Department of Veterans Affairs endorses a product, project or commercial line of endeavor. This language will flow down to all agreements with network providers and/or subcontractors.(End of Clause)C.9 VAAR 852.203-71 DISPLAY OF DEPARTMENT OF VETERAN AFFAIRS HOTLINE POSTER (DEC 1992) (a) Except as provided in paragraph (c) below, the Contractor shall display prominently, in common work areas within business segments performing work under VA contracts, Department of Veterans Affairs Hotline posters prepared by the VA Office of Inspector General. (b) Department of Veterans Affairs Hotline posters may be obtained from the VA Office of Inspector General (53E), P.O. Box 34647, Washington, DC 20043-4647. (c) The Contractor need not comply with paragraph (a) above if the Contractor has established a mechanism, such as a hotline, by which employees may report suspected instances of improper conduct, and instructions that encourage employees to make such reports.(End of Clause)C.10 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (DEC 2009) The offeror agrees, if awarded a contract, to use the service-disabled veteran-owned small businesses or veteran-owned small businesses proposed as subcontractors in accordance with 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, or to substitute one or more service-disabled veteran-owned small businesses or veteran-owned small businesses for subcontract work of the same or similar value.(End of Clause)C.11 VAAR 852.219-9 VA SMALL BUSINESS SUBCONTRACTING PLAN MINIMUM REQUIREMENTS (DEC 2009) (a) This clause does not apply to small business concerns. (b) If the offeror is required to submit an individual subcontracting plan, the minimum goals for award of subcontracts to service-disabled veteran-owned small business concerns and veteran-owned small business concerns shall be at least commensurate with the Department's annual service-disabled veteran-owned small business and veteran-owned small business prime contracting goals for the total dollars planned to be subcontracted. (c) For a commercial plan, the minimum goals for award of subcontracts to service-disabled veteran-owned small business concerns and veteran-owned small businesses shall be at least commensurate with the Department's annual service-disabled veteran-owned small business and veteran-owned small business prime contracting goals for the total value of projected subcontracts to support the sales for the commercial plan. (d) To be credited toward goal achievements, businesses must be verified as eligible in the Vendor Information Pages database. The contractor shall annually submit a listing of service-disabled veteran-owned small businesses and veteran-owned small businesses for which credit toward goal achievement is to be applied for the review of personnel in the Office of Small and Disadvantaged Business Utilization. (e) The contractor may appeal any businesses determined not eligible for crediting toward goal achievements by following the procedures contained in 819.407.(End of Clause)C.12 VAAR 852.219-71 VA MENTOR-PROT?G? PROGRAM (DEC 2009) (a) Large businesses are encouraged to participate in the VA Mentor-Protégé Program for the purpose of providing developmental assistance to eligible service-disabled veteran-owned small businesses and veteran-owned small businesses to enhance the small businesses' capabilities and increase their participation as VA prime contractors and as subcontractors. (b) The program consists of: (1) Mentor firms, which are contractors capable of providing developmental assistance; (2) Protégé firms, which are service-disabled veteran-owned small business concerns or veteran-owned small business concerns; and (3) Mentor-Protégé Agreements approved by the VA Office of Small and Disadvantaged Business Utilization. (c) Mentor participation in the program means providing business developmental assistance to aid protégés in developing the requisite expertise to effectively compete for and successfully perform VA prime contracts and subcontracts. (d) Large business prime contractors serving as mentors in the VA Mentor-Protégé Program are eligible for an incentive for subcontracting plan credit. VA will recognize the costs incurred by a mentor firm in providing assistance to a protégé firm and apply those costs for purposes of determining whether the mentor firm attains its subcontracting plan participation goals under a VA contract. The amount of credit given to a mentor firm for these protégé developmental assistance costs shall be calculated on a dollar-for-dollar basis and reported by the large business prime contractor via the Electronic Subcontracting Reporting System (eSRS). (e) Contractors interested in participating in the program are encouraged to contact the VA Office of Small and Disadvantaged Business Utilization for more information.(End of Clause)C.13 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012)(a)? Definitions.? As used in this clause-(1)? Contract financing payment has the meaning given in FAR 32.001.(2)? Designated agency office has the meaning given in 5 CFR 1315.2(m).(3)? Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause.? Facsimile, e-mail, and scanned documents are not acceptable electronic forms for submission of payment requests.? (4)? Invoice payment has the meaning given in FAR 32.001.(5)? Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.(b)? Electronic Payment Requests.? Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form.? Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.(c)? Data Transmission.? A contractor must ensure that the data transmission method and format are through one of the following: (1)? VA’s Electronic Invoice Presentment and Payment System.? (See Web site at .) (2)? Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI).? The X12 EDI Web site () includes additional information on EDI 810 and 811 formats. (d)? Invoice requirements.? Invoices shall comply with FAR 32.905. (e)? Exceptions.? If, based on one of the circumstances below, the contracting officer directs that payment requests be made by mail, the contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office.? Submission of payment requests by mail may be required for:(1)? Awards made to foreign vendors for work performed outside the United States;(2)? Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information; (3)? Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;(4)? Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or (5)? Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above. ?(End of clause)C.14 VAAR 852.237-7 INDEMNIFICATION AND MEDICAL LIABILITY INSURANCE (JAN 2008)(a) It is expressly agreed and understood that this is a non-personal services contract, as defined in Federal Acquisition Regulation (FAR) 37.101, under which the professional services rendered by the Contractor or its health-care providers are rendered in its capacity as an independent contractor.? The Government may evaluate the quality of professional and administrative services provided but retains no control over professional aspects of the services rendered, including by example, the Contractor’s or its health-care providers’ professional medical judgment, diagnosis, or specific medical treatments.? The Contractor and its health-care providers shall be liable for their liability-producing acts or omissions.? The Contractor shall maintain or require all health-care providers performing under this contract to maintain, during the term of this contract, professional liability insurance issued by a responsible insurance carrier of not less than the following amount(s) per specialty per occurrence: $1,000,000.00 per occurrence; $3,000,000.00 aggregate. [However, if the Contractor is an entity or a subdivision of a State that either provides for self-insurance or limits the liability or the amount of insurance purchased by State entities, then the insurance requirement of this contract shall be fulfilled by incorporating the provisions of the applicable State law.(b) An apparently successful offeror, upon request of the Contracting Officer, shall, prior to contract award, furnish evidence of the insurability of the offeror and/or of all health-care providers who will perform under this contract.? The submission shall provide evidence of insurability concerning the medical liability insurance required by paragraph (a) of this clause or the provisions of State law as to self-insurance, or limitations on liability or insurance. Evidence of the insurability of the offeror and/or of all health-care providers may be offered in the form of an attestation statement. (c) The Contractor shall, prior to commencement of services under the contract, provide to the Contracting Officer Certificates of Insurance or insurance policies evidencing the required insurance coverage or provide an attestation statement certifying that all health-care providers that will perform under this contract have obtained the proper insurance as required by paragraph (a) of this clause, and that the contractor has a system for monitoring its health-care providers are meeting the requirements of this clause. The Contractor shall also provide to the Contracting Officer an endorsement stating that any cancellation or material change adversely affecting the Government’s interest shall not be effective until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer.? The Contractor shall maintain a record with copies of certificates or policies Contractor for the Contractor and/or each health-care provider who will perform under this contract. The records shall be made available to the CO upon request. (d) The Contractor shall notify the Contracting Officer if it, or any of the health-care providers performing under this contract, change insurance providers during the performance period of this contract.? The notification shall provide evidence that the Contractor and/or health-care providers will meet all the requirements of this clause, including those concerning liability insurance and endorsements.? These requirements may be met either under the new policy, or a combination of old and new policies, if applicable.(e) The Contractor shall insert the substance of this clause, including this paragraph (e), in all agreements for health-care services under this contract.? The Contractor shall be responsible for compliance by any subcontractor, lower-tier subcontractor, or network provider with the provisions set forth in paragraph (a) of this clause.(End of Clause)C.15 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984) The contractor shall obtain all necessary licenses and/or permits required to perform this work. He/she shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract. He/she shall be responsible for any injury to himself/herself, his/her employees, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by his/her employees fault or negligence, and shall maintain personal liability and property damage insurance having coverage for a limit as required by the laws of the State of where services are being provided.. Further, it is agreed that any negligence of the Government, its officers, agents, servants and employees, shall not be the responsibility of the contractor hereunder with the regard to any claims, loss, damage, injury, and liability resulting there from.(End of Clause)C.16 VAAR 852.271-70 NONDISCRIMINATION IN SERVICES PROVIDED TO BENEFICIARIES (JAN 2008) The contractor agrees to provide all services specified in this contract for any person determined eligible by the Department of Veterans Affairs, regardless of the race, color, religion, sex, or national origin of the person for whom such services are ordered. The contractor further warrants that he/she will not resort to subcontracting as a means of circumventing this clause.(End of Clause)C.17 852.273-75 SECURITY REQUIREMENTS FOR UNCLASSIFIED INFORMATION TECHNOLOGY RESOURCES (Alt - FEB 2012)Any contractor and/or subcontractor retained to do work for VA under this contract that requires the access, use, storage, modification, or transmission of VA Sensitive Personal Information (SPI) must follow and adhere to the security controls, enhancements, compensating controls, protocols, regulations, and VA directions as the Contracting Officer (CO) shall direct, including, but not limited to those derived from the Federal Information Security Management Act (FISMA), OMB Circular No. A-130, and VA Handbook 6500/6500.6. The contractor must report any data breach according to the protocols and timeframes in HB 6500. If any contractor/sub-contractor retained to do work for VA under this contract requires access, use, etc., of VA SPI as aforesaid, and if an actionable data breach occurs because of the contractor/subcontractor’s acts, omissions, or negligence in following the VA-directed security controls, enhancements, compensating controls, protocols, and/or measures, including, but not limited to the sources above, the contractor/subcontractor is further subject to the statutory requirement for liquidated damages under 38 U.S.C. §5725 in the event of a breach of Sensitive Personal Information (SPI)/Personally Identifiable Information (PII).? Said liquidated damages shall be assessed at $37.50 per affected Veteran or beneficiary.? A breach in this context includes the unauthorized acquisition, access, use, or disclosure of VA SPI which compromises not only the information’s security or privacy but that of the Veteran or beneficiary as well as the potential exposure or wrongful disclosure of such information as a result of a failure to follow proper data security controls and protocols.(End of Clause)C.18 VAAR 852.273-76 ELECTRONIC INVOICE SUBMISSION (Interim - October 2008) (a) To improve the timeliness of payments and lower overall administrative costs, VA strongly encourages contractors to submit invoices using its electronic invoicing system. At present, electronic submission is voluntary and any nominal registration fees will be the responsibility of the contractor. VA intends to mandate electronic invoice submission, subject to completion of the federal rulemaking process. At present, VA is using a 3rd party agent to contact contractors regarding this service. During the voluntary period, contractors interested in registering for the electronic system should contact the VA's Financial Services Center at .(End of Clause)C.19 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): (End of Clause)FAR NumberTitleDate52.232-18AVAILABILITY OF FUNDSAPR 198452.232-35DESIGNATION OF OFFICE FOR GOVERNMENT RECEIPT OF ELECTRONIC FUNDS TRANSFER INFORMATIONMAY 199952.232-37MULTIPLE PAYMENT ARRANGEMENTSMAY 199952.224-1PRIVACY ACT NOTIFICATIONAPR 198452.224-2PRIVACY ACTAPR 198452.227-16ADDITIONAL DATA REQUIREMENTSJUN 1987C.20 52.227-17 RIGHTS IN DATA - SPECIAL WORKS (DEC 2007) (a) Definitions. As used in this clause-- "Data" means recorded information, regardless of form or the media on which it may be recorded. The term includes technical data and computer software. The term does not include information incidental to contract administration, such as financial, administrative, cost or pricing, or management information. "Unlimited rights" means the rights of the Government to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, in any manner and for any purpose, and to have or permit others to do so. (b) Allocation of Rights. (1) The Government shall have-- (i) Unlimited rights in all data delivered under this contract, and in all data first produced in the performance of this contract, except as provided in paragraph (c) of this clause. (ii) The right to limit assertion of copyright in data first produced in the performance of this contract, and to obtain assignment of copyright in that data, in accordance with paragraph (c)(1) of this clause. (iii) The right to limit the release and use of certain data in accordance with paragraph (d) of this clause. (2) The Contractor shall have, to the extent permission is granted in accordance with paragraph (c)(1) of this clause, the right to assert claim to copyright subsisting in data first produced in the performance of this contract. (c) Copyright-- (1) Data first produced in the performance of this contract. (i) The Contractor shall not assert or authorize others to assert any claim to copyright subsisting in any data first produced in the performance of this contract without prior written permission of the Contracting Officer. When copyright is asserted, the Contractor shall affix the appropriate copyright notice of 17 U.S.C. 401 or 402 and acknowledgment of Government sponsorship (including contract number) to the data when delivered to the Government, as well as when the data are published or deposited for registration as a published work in the U.S. Copyright Office. The Contractor grants to the Government, and others acting on its behalf, a paid-up, nonexclusive, irrevocable, worldwide license for all delivered data to reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, by or on behalf of the Government. (ii) If the Government desires to obtain copyright in data first produced in the performance of this contract and permission has not been granted as set forth in paragraph (c)(1)(i) of this clause, the Contracting Officer shall direct the Contractor to assign (with or without registration), or obtain the assignment of, the copyright to the Government or its designated assignee. (2) Data not first produced in the performance of this contract. The Contractor shall not, without prior written permission of the Contracting Officer, incorporate in data delivered under this contract any data not first produced in the performance of this contract and that contain the copyright notice of 17 U.S.C. 401 or 402, unless the Contractor identifies such data and grants to the Government, or acquires on its behalf, a license of the same scope as set forth in paragraph (c)(1) of this clause. (d) Release and use restrictions. Except as otherwise specifically provided for in this contract, the Contractor shall not use, release, reproduce, distribute, or publish any data first produced in the performance of this contract, nor authorize others to do so, without written permission of the Contracting Officer. (e) Indemnity. The Contractor shall indemnify the Government and its officers, agents, and employees acting for the Government against any liability, including costs and expenses, incurred as the result of the violation of trade secrets, copyrights, or right of privacy or publicity, arising out of the creation, delivery, publication, or use of any data furnished under this contract; or any libelous or other unlawful matter contained in such data. The provisions of this paragraph do not apply unless the Government provides notice to the Contractor as soon as practicable of any claim or suit, affords the Contractor an opportunity under applicable laws, rules, or regulations to participate in the defense of the claim or suit, and obtains the Contractor's consent to the settlement of any claim or suit other than as required by final decree of a court of competent jurisdiction; and these provisions do not apply to material furnished to the Contractor by the Government and incorporated in data to which this clause applies.(End of Clause)C.21 52.232-99 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS (DEVIATION) (AUG 2012) This clause implements the temporary policy provided by OMB Policy Memorandum M-12-16, Providing Prompt Payment to Small Business Subcontractors, dated July 11, 2012. (a) Upon receipt of accelerated payments from the Government, the contractor is required to make accelerated payments to small business subcontractors to the maximum extent practicable after receipt of a proper invoice and all proper documentation from the small business subcontractor. (b) Include the substance of this clause, including this paragraph (b), in all subcontracts with small business concerns. (c) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.(End of Clause)C.22 52.237-3 CONTINUITY OF SERVICES (JAN 1991) (a) The Contractor recognizes that the services under this contract are vital to the Government and must be continued without interruption and that, upon contract expiration, a successor, either the Government or another contractor, may continue them. The Contractor agrees to (1) furnish phase-in training and (2) exercise its best efforts and cooperation to effect an orderly and efficient transition to a successor. (b) The Contractor shall, upon the Contracting Officer's written notice, (1) furnish phase-in, phase-out services for up to 90 days after this contract expires and (2) negotiate in good faith a plan with a successor to determine the nature and extent of phase-in, phase-out services required. The plan shall specify a training program and a date for transferring responsibilities for each division of work described in the plan, and shall be subject to the Contracting Officer's approval. The Contractor shall provide sufficient experienced personnel during the phase-in, phase-out period to ensure that the services called for by this contract are maintained at the required level of proficiency. (c) The Contractor shall allow as many personnel as practicable to remain on the job to help the successor maintain the continuity and consistency of the services required by this contract. The Contractor also shall disclose necessary personnel records and allow the successor to conduct on-site interviews with these employees. If selected employees are agreeable to the change, the Contractor shall release them at a mutually agreeable date and negotiate transfer of their earned fringe benefits to the successor. (d) The Contractor shall be reimbursed for all reasonable phase-in, phase-out costs (i.e., costs incurred within the agreed period after contract expiration that result from phase-in, phase-out operations) and a fee (profit) not to exceed a pro rata portion of the fee (profit) under this contract.(End of Clause)(End of Addendum to 52.212-4)C.23 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (NOV 2012) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104 (g)). (2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78) (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). [X] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010)(Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). [] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) [] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (AUG 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note). [] (5) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (JUL 2010) (Pub. L. 111-5). [X] (6) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Dec 2010) (31 U.S.C. 6101 note). [X] (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (FEB 2012) (41 U.S.C. 2313). [] (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (MAY 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161). [] (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a). [X] (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). [] (11) [Reserved] [] (12)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644). [] (ii) Alternate I (NOV 2011). [] (iii) Alternate II (NOV 2011). [] (13)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). [] (ii) Alternate I (Oct 1995) of 52.219-7. [] (iii) Alternate II (Mar 2004) of 52.219-7. [X] (14) 52.219-8, Utilization of Small Business Concerns (JAN 2011) (15 U.S.C. 637(d)(2) and (3)). [] (15)(i) 52.219-9, Small Business Subcontracting Plan (JAN 2011) (15 U.S.C. 637(d)(4)). [] (ii) Alternate I (Oct 2001) of 52.219-9. [X] (iii) Alternate II (Oct 2001) of 52.219-9. [] (iv) Alternate III (JUL 2010) of 52.219-9. [X] (16) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)). [] (17) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)). [] (18) 52.219-16, Liquidated Damages--Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). [] (19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer.) [] (ii) Alternate I (June 2003) of 52.219-23. [X] (20) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting (DEC 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). [X] (21) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). [] (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f). [X] (23) 52.219-28, Post Award Small Business Program Rerepresentation (APR 2012) (15 U.S.C 632(a)(2)). [] (24) 52.219–29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (APR 2012) (15 U.S.C. 637(m)). [] (25) 52.219–30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (APR 2012) (15 U.S.C. 637(m)). [X] (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755). [] (27) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (MAR 2012) (E.O. 13126). [X] (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). [X] (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). [X] (30) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212). [X] (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). [X] (32) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212). [X] (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). [X] (34) 52.222-54, Employment Eligibility Verification (JUL 2012). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) [] (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) [] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) [] (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C. 8259b). [] (37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423). [] (ii) Alternate I (DEC 2007) of 52.223-16. [X] (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) [] (39) 52.225-1, Buy American Act--Supplies (FEB 2009) (41 U.S.C. 10a-10d). [] (40)(i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (NOV 2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43). [] (ii) Alternate I (MAR 2012) of 52.225-3. [] (iii) Alternate II (MAR 2012) of 52.225-3. [] (iv) Alternate III (NOV 2012) of 52.225-3. [X] (41) 52.225-5, Trade Agreements (NOV 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). [X] (42) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). [] (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). [] (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). [] (45) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). [] (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). [] (47) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (Oct 2003) (31 U.S.C. 3332). [X] (48) 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332). [X] (49) 52.232-36, Payment by Third Party (FEB 2010) (31 U.S.C. 3332). [] (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). [] (51)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). [] (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [] (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). [] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). Employee Class Monetary Wage-Fringe Benefits [] (3) 52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). [] (4) 52.222-44, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). [] (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.). [] (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (FEB 2009) (41 U.S.C. 351, et seq.). [] (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009)(Pub. L. 110-247) [] (8) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (DEC 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) [Reserved] (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). (vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). (ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements "(Nov 2007)" (41 U.S.C. 351, et seq.). (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (FEB 2009)(41 U.S.C. 351, et seq.). (xii) 52.222-54, Employee Eligibility Verification (JUL 2012) (xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009)(Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.(End of Clause)C.24 MANDATORY WRITTEN DISCLOSURES Mandatory written disclosures required by FAR clause 52.203-13 to the Department of Veterans Affairs, Office of Inspector General (OIG) must be made electronically through the VA OIG Hotline at and clicking on "FAR clause 52.203-13 Reporting." If you experience difficulty accessing the website, call the Hotline at 1-800-488-8244 for further instructions.(End of Clause)C.25 CONTRACT MINIMUM AND MAXIMUM DOLLAR VALUE (TAILORED) In accordance with FAR 16.504(a) (4) (ii) the maximum dollar value is $5,300,000,000 per contract inclusive of any exercised options for an award of one region or $10,600,000,000 per contract inclusive of any exercised options for the award of a contract with two regions.? The contract minimum dollar value is $100,000 per contract for the total period of performance, inclusive of any exercised options. (End of Clause)SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTSD.1 CONTRACT ATTACHMENTS Contract Attachments:Attachment 1 Quality Assurance and Surveillance Plan (QASP)Attachment 2Regional Fee Schedule (Sample attached to Solicitation, amendment will be issued to this solicitation in January with final documents.)Attachment 3VA Purchased Care Historical Data (FY10 – FY12 Unique Patients and Claim Line Items by Region, VISN, Station, CCS or DRG)Attachment 4 Business Associate Agreement (BAA) D.2 PWS APPENDICESPWS AppendicesNewborn Care PC3 RegionsPC3 Regions to Zip CodesVA Authorization and Invoice Form 10-7078 VA Request for Outpatient Services Form 10-7079 VA Purchased Surgical Care Patient Outcome FormAdditional Medical Documentation for Medical/Radiation Oncology Additional Medical Documentation for Gastroenterology Procedures Instructions for the VA Low Vision Visual Functioning (VA LV VFQ 20) SURVEY VA Low Vision Visual Functioning (VALV VFQ 20) SURVEYD.3 SOLICITATION ATTACHMENTSSolicitation Attachments: to be removed at time of award (Not included in draft posting)S1 Past Performance QuestionnaireS2SDB ParticipationS3 Subcontracting Plan Template SECTION E - SOLICITATION PROVISIONSE.1 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (FEB 2012) (TAILORED) (a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees. (b) Submission of offers. Refer to Specific Instructions at section E.4 Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show -- (1) The solicitation number; (2) The time specified in the solicitation for receipt of offers; (3) The name, address, and telephone number of the offeror; (4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary; (5) Terms of any express warranty; (6) Price and any discount terms; (7) "Remit to" address, if different than mailing address; (8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically); (9) Acknowledgment of Solicitation Amendments; (10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and (11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration. (c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 120 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation. (d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing. (e) Late submissions, modifications, revisions, and withdrawals of offers. (1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due. (2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-- (A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or (B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or (C) If this solicitation is a request for proposals, it was the only proposal received. (ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted. (3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel. (4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume. (5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer. (f) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received. (g) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer. (h) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to—GSA Federal Supply Service Specifications Section Suite 8100 470 East L'Enfant Plaza, SWWashington, DC 20407Telephone (202) 619-8925 Facsimile (202) 619-8978. (ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee. (2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites: (i) ASSIST (). (ii) Quick Search (). (iii) (). (3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by? (i) Using the ASSIST Shopping Wizard (); (ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or (iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462. (4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance. (i) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the Central Contractor Registration (CCR) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" or "DUNS +4" followed by the DUNS or DUNS +4 number that identifies the offeror's name and address. The DUNS +4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at . An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office. (j) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database through or by calling 1-888-227-2423 or 269-961-5757. (k) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable: (1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer. (2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror. (3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection. (4) A summary of the rationale for award; (5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror. (6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.(End of Provision)ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS Provisions that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.The following provisions are incorporated into 52.212-1 as an addendum to this solicitation:E.2 SPECIFIC INSTRUCTIONS TO OFFERORS REGARDING PROPOSAL PREPARATION(a) This section provides general guidance for preparing proposals as well as specific instruction on the format and content of the proposal. The offeror’s proposal must include all data and information requested in this solicitation and must be submitted in accordance with these instructions. Proposals will be reviewed for completeness and compliance with the solicitation and preparation instructions. If an offeror (1) fails or refuses to assent to any of the terms and conditions of the RFP, (2) proposes additional terms and conditions of this RFP, or (3) fails to submit any of the information required by this RFP, then VA may consider the offer to be unacceptable, which could make it ineligible for contract award. (b) The Government intends to award one or more contracts resulting from this solicitation without holding discussions. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. Offerors may propose on one or more regions, but the proposal must cover the entire region and shall not provide only partial coverage. Please refer to E.3 for award limitations. (c) Offerors must provide information as described below. Offerors must submit proposals in two volumes in the format and quantities described below; the volumes shall be legible, organized and marked as indicated. Failure to submit complete information in the manner described for either Business or Technical Volumes may be considered as a “no response” and may exclude the proposals from further consideration. Elaborate brochures or documentation binding, detailed artwork, or other embellishments shall not be submitted and if submitted will not be evaluated. Hard copy proposals shall be printed double-sided with sequential page numbers at the bottom of each printed page. In addition to hard copy proposals offerors must submit separate electronic versions of each proposal volume saved onto readable virus-free compact discs (CD), compatible with Microsoft Office 2007. Offerors’ electronic versions of their proposals may be submitted in the Portable Document Format (PDF) unless otherwise specified below. Electronic versions must exactly replicate hard copy proposal submissions. If a conflict is discovered between the electronic and paper copy, the paper copy shall prevail. Proposal quantities are as indicated below:VOLUMEVOLUME TITLENUMBER HARD COPIESNUMBER OF CD COPIESIBusiness22IITechnical99(d) Page Limitations: Technical volumes shall not exceed 300 pages or 150 double sided pages. Page limitations shall be treated as maximums. If exceeded, the excess pages will not be considered in the evaluation of the proposal and will be destroyed without review. (e) Proposals shall be submitted in a sealed envelope or box and shall be addressed to the office specified in the solicitation and shall show the time specified for receipt, the solicitation number, and the name and address of the offeror. (f) Offerors shall not include price information anywhere in the proposal package, other than in the business volume. All pages of each proposal shall be appropriately numbered and identified with the solicitation number. (g) Volume I – Business: The business proposal shall contain the following information. (1) Cover Letter. The cover letter shall include all the information required by FAR 52.215-1 signed by an individual with authority to obligate the organization to the proposal and contract if awarded. The cover letter shall reference the solicitation number and acknowledge that it transmits an offer in response to the solicitation. Additionally the cover shall include the following:DUNS NumberTaxpayer Identification Number (TIN)Statement that the Offeror represents, by submitting the offer, that there is no Organizational Conflict of Interest that would preclude the Government from awarding the Offeror a contract or preclude the Offeror including any and all team members from contract performance without a mitigation plan.(2) Standard Form 1449. Properly completed and signed 1449. Offeror shall complete Blocks 12, 17, & 30 of the Standard Form 1449.(3) Pricing proposal. The offeror must complete the pricing schedule(s) in Section A.4 for all regions which the offeror is proposing. Proposed pricing must be based on the requirements of Section A.4. The offeror must propose pricing for all CLINs in the region(s) for which they are proposing. Option periods for each proposed CLIN must be priced with proposal submission. Failure to price each option period will cause the offer to be rejected from further consideration. Pricing must be based on applicable Parts of A, B, and D of Medicare Prices. Notwithstanding FAR 52.212-1(e), alternate price proposals are not requested and shall not be considered. This includes any cost savings from proposed technical enhancements, such as network provider discounts. The offeror must provide a narrative description of its price proposal which must specifically address the following items: (i)Description of any business constraints related to the use of the VA Fee Schedule for medical procedures that are not payable under Medicare rules or are payable under Medicare rules but do not have established pricing at the national or local level. (ii)The offeror shall propose its method to ensure it receives the best possible pricing from its network providers for Non-Medicare, Non-Fee Schedule Medical and Surgical Services, CLIN XXX7, demonstrating cost control in reimbursing at 100% of billed charges. (iii)A description of the services and costs included in the administrative services CLIN, XX10AA. (4) A completed, signed Business Associate Agreement, Contract Attachment 4.(5) Completed copy of representations and certifications at FAR 52.212-3, or completion of these requirements at the website “Online Representations and Certifications Application (ORCA)”, as found at . (6) Past Performance Information - Identify all relevant Federal, State, and local government contracts and private contracts of similar type, scope, size, and complexity that are ongoing, or have been completed within the past 3 years. Relevant is defined as a contract that is of similar scope, magnitude, and complexity to the requirements set forth in this solicitation. Provide a list of references pertaining to those contracts. All references must be current to the last three years. These references must include: Contract Number; Contracting Officer’s/Project Manager’s Name and Phone Number; and Quality Assurance Personnel Name and Phone Number. The offeror is responsible for distributing a Past Performance Questionnaire (Solicitation Attachment S1) to each reference noted on the list along with instructions to return the questionnaire directly to the Contracting Officer by the proposal due date. The Government is not required to contact any references provided by the offeror, although it may choose to do so. Other pertinent sources or references (other than those identified by the offeror) may also be contacted by the Government to obtain additional information that will be used in the evaluation of the offeror’s past performance. The Government will not consider subcontractors past performance in the evaluation of this factor. Past Performance Questionnaires returned by the offeror, and not by the reference, will not be evaluated. Past Performance Questionnaires must be returned to: VA, Denver Acquisition & Logistics Center; Attn: Gabrielle Harris, VA791-13-R-0014; PO Box 25166, Denver, CO 80225-0166, or emailed to PCCC.MED-SURG@, not later that due date for receipt of proposals.(7) Socioeconomic Considerations: Evaluation preference will be given to those offerors having certain socio-economic status, those offerors who have met certain socio-economic subcontracting goals, and/or those offerors participating in VA’s Mentor-Protégé Program. For the purpose of this procurement and resultant contracts, network providers are not considered subcontractors and therefore the subcontracting requirements do not apply to services performed by network health care providers. Offerors must submit a narrative description of its organization’s socio-economic status to include all information required below for those considerations which apply. (i) Service-Disabled Veteran-Owned Small Business and/or Veteran Owned Small Business Offer . A completed representation (Federal Acquisition Regulation clause 52.212-3) showing offeror qualification as a VOSB or SDVOSB or registration in the Online Representations and Certification Application (ORCA) through the System for Award Management (SAM) web site at, a VOSB or SDVOSB. Offerors must also be listed as verified in the VetBiz Vendor Information Pages (VIP) database, . Offerors that misrepresent themselves in the database could face debarment for up to five years. Offerors must also be registered as a Small business concern under the North American Industry Classification system (NAICS) code assigned to the acquisition.(ii)Service-Disabled Veteran-Owned Small Business and Veteran-Owned Small Business Participation. Identification of the VOSBs and SDVOSBs with whom the offeror intends to subcontract and the approximate dollar values of the proposed subcontracts. Proposed subcontractors must be listed as verified in the VetBiz Vendor Information Pages (VIP) database, . Offerors are encouraged to use the VIP and the Central Contractor Registration (CCR), located on SAM at to locate VOSBs and SDVOSBs.(iii)Small Disadvantaged Business (SDB) Participation (refer to 52.219-24). Identification of SDB Participation Targets (expressed as dollars and percentages of the total value of the offer). See Solicitation Attachment S2 for SDB Participation Program Targets Form.(iv)Participation in the VA Mentor-Protégé Program. In order to receive credit under the evaluation factor or sub-factor, the offeror must provide with its proposal a copy of a signed letter issued by the VA Office of Small and Disadvantaged Business Utilization approving the offeror's Mentor-Protégé Agreement.(v)Offerors designated as large businesses shall submit a subcontracting plan pursuant to FAR 19.702 and FAR clause 52.219-9. “Subcontract,” as used in this provision, means any agreement (other than one involving an employer-employee relationship) entered into by a Federal Government prime Contractor or subcontractor calling for supplies or services required for performance of the contract or subcontract, unless the type of agreement is expressly excluded. The subcontracting plan must be submitted with initial offer and approved prior to contract award. See Solicitation Attachment S3 for an example. The subcontracting plan shall meet the minimum VA requirements set forth below: Small Business17.5%Veteran-Owned Small Business5.0%Service Disabled Veteran-Owned Small Business3.0%Small Disadvantaged Businesses (Including Section 8(a))5.0%Women-Owned Small Business5.0%Historically Underutilized Business Zone (HUBZone) Small Business5.0%(h) Volume II – Technical. All proposals must include a Technical Proposal to be considered for award. Offerors must provide sufficient information to demonstrate corporate and individual capabilities to satisfactorily meet all requirements detailed within the Performance Work Statement PWS (to include a solution for addressing contract requirements in urban, rural and highly rural areas). Proposals shall not simply rephrase or restate the Government's requirements, but rather shall provide convincing rationale to address how the offeror intends to meet these requirements. Offerors shall assume that the Government has no prior knowledge of their facilities, capabilities, and experience. The Government will base its evaluation on the information presented. At a minimum the Technical Proposals must address the following evaluation areas: (1) Management Approach Offerors shall provide a draft management plan which details the planned approach to meeting all requirements as identified in the Performance Work Statement (PWS). The Management Plan should be presented in as much detail as practical and include principles and techniques which will be applied in performing the stated work. At a minimum, the Offerors’ Management Plan should include detailed information such as:(i)The offeror’s approach to the implementation phase, to include when health care delivery starts. Offeror’s may propose to start health care delivery immediately, in a phased approach, or at the end of the six month implementation period. (ii)Solution for addressing contract requirements in rural and highly rural areas as well as urban.Explanation of the planned management, coordination and oversight procedures to meet all PWS requirements and standards such as provider credentialing and oversight, return of clinical information, discharge planning/coordination, claims payment, medical record management and solution to submitting medical records to VA, identification of process for submitting all secure information, and implementation and operation of a Clinical Quality Management Program. Offerors must identify its appointment making process to include innovative approaches and options for scheduling Veteran appointments. Quality Assurance Plan (QAP). The Offeror’s QAP will describe the Offeror’s Quality Assurance (QA) capability and how it will independently assess and provide a quality assurance program to include continuous quality control and quality improvement activities that cover the offeror’s business and clinical operations. The QAP should sufficiently reflect and capture the complexity of Offeror’s organization and healthcare services offered. The offeror shall describe how it will develop and implement policies and procedures to identify potential quality issues, resolve identified problems, and provide ongoing monitoring of the care and treatment of veterans. Note: If a CoP/CfC accreditation requirement waiver is applicable due to Federal or State requirements the offeror must propose alternative qualification standards so as to ensure a like standard of quality. The Government’s Quality Assurance Surveillance Plan (QASP), Attachment 1, contains performance measures and the surveillance methodology that VA will utilize to monitor contractor performance.Staffing. The plan should explain management approach to staffing along with the training practices that will be utilized in meeting the requirements of the PWS. The offeror shall describe how it will establish and maintain experienced and qualified key personnel in order to meet PWS requirements. The offeror shall provide a staffing chart which shows all current and planned staffing by functional area, labor category and locations. Offeror should provide details on its written policies and procedures regarding staffing credentials, personnel substitutions and temporary emergency substitution practices. (2) Network Development and Maintenance Offerors shall describe their approach to network development to provide and maintain a managed, stable, high-quality network of individual and institutional providers, which may include academic medical centers and regional networks or specialty services in support of the PC3 requirements. The offeror must differentiate in the proposal between existing network capacity and targeted network capacity. The description shall include how the network sizing model will support the PC3 model, including how the number and specialty of providers in regions will be determined; how network sizing supports PC3 requirements and ensures patients ready access to specialty care providers. Offerors shall demonstrate how they will determine the number of specialty network providers based on the VA Purchased Care Historical Data contained within Appendix 1.2 and the Veteran population in the region. Offerors shall describe how they will adjust provider networks and services to compensate for changes in VAMC capabilities, changing Veteran needs and changes in required specialty services, to include short notice changes, and how the Offeror intends to stay informed of potential changes to individual VAMC requirements. This description shall include how the Offeror will ensure that all eligible Veterans who live in the regions can continue to access required PC3 specialty care regardless of changes to VAMC capabilities or specialty needs. Additionally, the proposal shall include information such as:(i)Number and location of current providers within network.(ii)Description of methodology used to identify, monitor, report, and correct instances of network inadequacy. (3) Corporate Experience/Capability Provide a general background, experience, and qualifications of the organization as a whole. Describe organizational infrastructure, management practices, number of personnel employed on a regular basis, employee and network provider training program, and number of years the firm has been in business of providing network providers. Description of firm’s current capability and capacity to provide a full range of services in accordance with the requirements contained in this solicitation.(End of Provision)E.3 VAAR 852.273-73 EVALUATION - HEALTH-CARE RESOURCES (JAN 2003) (TAILORED)(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer, conforming to the solicitation, will be most advantageous to the Government, price and other factors considered. The following factors, in descending order of importance, shall be used to evaluate offers: Technical, Past Performance, Price, and Socioeconomic Concerns. All non-price evaluation factors, when combined, are significantly more important than price. The Technical factor has the following subfactors, which are of equal importance: (1) Management Approach; (2) Network Development and Maintenance; and (3) Corporate Experience/Capability. (b) This solicitation is a request for proposals (RFP). A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.(End of Provision)Addendum to VAAR 852.273-73 - EVALUATION FACTORS(a) The Government contemplates a maximum award of five (5) contracts as a result of this solicitation but is not obligated to make any awards. There will be a maximum of two regions per contract award. The two region contract maximum shall apply even if an offeror submits a pricing proposal for more than one region and each proposal is evaluated as the best value for the Government. Should this occur, the Government will decide which regions to award to that offeror considering the best interest of the Government. (b) The Government reserves the right to establish a ‘Best Value Pool’ and conduct exchanges, if necessary. However, exchanges are not anticipated. In that light, all offerors are encouraged to submit their best proposals (from both a technical and pricing standpoint) in the initial offer to this solicitation as there will be no assurance of any opportunity to revise initial proposals prior to award.(c) If the Contracting Officer determines that the number of proposals that would otherwise be in the best value pool exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the best value pool to the greatest number that will permit an efficient competition among the most highly rated proposals.(1) Factor 1 - Technical: Technical subfactors, which are of equal importance, will be evaluated as stated herein. (i)Management Approach. The proposed management approach will be evaluated for reasonableness, longevity, feasibility, expectation of quality service, reduction in risk of non-performance, and expectation of success in meeting all requirements and standards contained within the PWS. Evaluation will include analysis of the following: Whether or not the offeror’s implementation plan provides early access to Veteran care. The earlier the access and the larger the population with access the more favorable the evaluation will be. Offeror’s proposed solution for addressing contract requirements in rural and highly rural areas as well as urban.Offeror’s Explanation of the planned management, coordination and oversight procedures to meet all PWS requirements and standards such as provider credentialing and oversight, , return of clinical information, discharge planning/coordination, claims payment and implementation, solution to appointment management, and operation of a Clinical Quality Management Program.Offerors must identify its appointment making process to include innovative approaches and options for scheduling Veteran appointmentsProposed Quality Assurance Plan (QAP).Proposed Staffing. (ii) Network Development and MaintenanceThe offeror’s proposed approach to network development and maintenance will be evaluated to determine if it demonstrates adequacy, feasibility, longevity and expectation of achieving a stable, high-quality network that will supplement services provided by the VAMCs. The offeror’s approach to network sizing, including the number of providers, types of providers, and access to specialty providers, will be considered along with the proposed method for learning about and adjusting to the fluid requirements of VAMCs.The offeror’s proposal will be evaluated based on its methodology to develop and maintain a network that complies with all access standards within the PWS. The evaluation will consider whether there is an effective method to measure and monitor access standards to ensure they are being met. The offeror’s proposal will be evaluated for an effective method to identify, monitor, report, and correct instances of network inadequacy.(iii)Corporate Experience/Capability: The offeror’s proposal shall be evaluated to determine if the organization has the experience and capabilities to manage a comprehensive medical network. VA will assess current and proposed organizational structure, resources, and internal capabilities to meet all requirements and standards within the PWS.(2) Factor 2 - Past Performance. The offeror will be evaluated on its performance under existing and prior contracts with organizations with similar mission and functional domains, and on its performance under existing and prior contracts of comparable size, complexity, and scope. The Government will focus on information that demonstrates quality of performance relative to the acquisition under consideration. In addition to the Past Performance Questionnaires received, the Government may also use any relevant information in its possession or in the public domain, including information available in the Government and non-Government databases, Contractor Performance Assessment Reporting System (CPARS), Dun & Bradstreet, and the Past Performance Information Retrieval System (PPIRS), for example. If the offeror has no past performance, this factor will receive a rating that is neither favorable nor unfavorable. (3) Factor 3 Price. The proposed unit prices will be evaluated to determine whether the proposed fixed prices are reasonable in relation to the solicitation requirements.? Offers must be materially balanced.? The Contracting Officer may reject an offer where the line item prices or option year prices are materially unbalanced. ??A proposal is materially unbalanced when it is based on prices significantly less than cost for the work and prices which are significantly overstated in relation to cost for other work or other periods of performance. Notwithstanding FAR 52.212-1(e), alternate price proposals are not requested and shall not be considered.The following definitions apply to the price evaluation:Weighted Value – A percentage applied to indicate the value or proportion each CLIN will be given for evaluation purposes.? Total for all CLINs will equal 100%.Reference Rate – The value or mean which proposals will be compared to when determining a relative score for each CLIN.Relative Score – A standard value found by dividing the offerors proposal price by the reference rate multiplied by the weighted value.Cumulative Weighted Score – The sum of all CLINs relative score.? Each region will be subject to its own price evaluation. Each offerors price proposal will be evaluated based on the Government cumulative weighted score for the total of all fixed price CLINs.? A referenced rate of 100% of Medicare will be assigned to CLINs XXX1 – XXX6.? The referenced rate for CLINs XXX8, XX10 and XX11 will be found by taking the average of the sum of all offerors’ proposed prices for each respective CLIN.? For the purpose of determining the offerors total evaluated price the Government will compare the results of the cumulative weighted score for each offeror for each regional schedule of services. ?The CLINs are weighted as follows equaling a total of 100% for all CLINs. The lowest cumulative weight will be considered more favorable in the price evaluation.CLINDescriptionWeighted ValueXXX1Medical and Surgical Services50.00%XXX2Mental Health Services2.00%XXX3IPPS Exempt10.00%XXX4Durable Medical Equipment2.00%XXX5Skilled Home Health2.00%XXX6Non-CMS Medical and Surgical Services, VA Fee Schedule5.00%XXX8Home Infusion Therapy2.00%XX10AAAdministrative Services Fee-----?1 - 2400 monthly Authorizations10.00%?2401 - 4500 monthly Authorizations8.00%?4501 + monthly Authorizations 8.00%XX11Paper Claims1.00%Totals100.00% (4) Factor 4 - Socioeconomic Considerations. The offer will be evaluated in descending order of importance, to determine if the offeror meets any of the following:(i)The offeror certifies and the VA has verified that it is a Service-Disabled Veteran-OwnedSmall Business, and it is listed on the VetBiz Vendor Information Pages (VIP) database, , as a verified SDVOSB. The offeror certifies and the VA has verified that it is a Veteran-Owned Small Business, and it is listed on the VetBiz Vendor Information Pages (VIP) database, , as a verified VOSB.(iii)Small Disadvantaged Business (SDB) Participation. The offeror meets VA’s SDB participation program Targets. (iv)Veteran-Owned Small Business and Service-Disabled Veteran-Owned Small Business Participation. The offeror has identified VOSBs and SDVOSBs with whom the offeror intends to subcontract and the approximate dollar values of the proposed subcontracts. These subcontractors are listed as verified in the VetBiz Vendor Information Pages (VIP) database, . (v)Participation in the VA Mentor-Protégé Program. The offeror provided with its proposal a copy of a signed letter issued by the VA Office of Small and Disadvantaged Business Utilization approving the offeror's Mentor-Protégé Agreement.(vi)The proposal includes a properly completed subcontracting plan (for other than small business entities only in accordance with FAR 19.704) or reference to a previously submitted/approved commercial subcontracting plan, signed by a federal Contracting Officer. (End of Provision)E.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (FEB 2012) (a) Definitions. As used in this provision-- "Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables. "Federal contracts and grants with total value greater than $10,000,000" means-- (1) The total value of all current, active contracts and grants, including all priced options; and (2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules). "Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). (b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000. (c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information: (1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions: (i) In a criminal proceeding, a conviction. (ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more. (iii) In an administrative proceeding, a finding of fault and liability that results in-- (A) The payment of a monetary fine or penalty of $5,000 or more; or (B) The payment of a reimbursement, restitution, or damages in excess of $100,000. (iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision. (2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence. (d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the Central Contractor Registration database via (see 52.204-7).(End of Provision)E.5 52.216-1 TYPE OF CONTRACT (APR 1984)The Government contemplates award of a Fixed Price Indefinite Delivery Indefinite Quantity contract resulting from this solicitation.(End of Provision)E.6 52.219-22 SMALL DISADVANTAGED BUSINESS STATUS (OCT 1999) (a) General. This provision is used to assess an offeror's small disadvantaged business status for the purpose of obtaining a benefit on this solicitation. Status as a small business and status as a small disadvantaged business for general statistical purposes is covered by the provision at FAR 52.219-1, Small Business Program Representation. (b) Representations. (1) General. The offeror represents, as part of its offer, that it is a small business under the size standard applicable to this acquisition; and either-- [ ] (i) It has received certification by the Small Business Administration as a small disadvantaged business concern consistent with 13 CFR 124, Subpart B; and (A) No material change in disadvantaged ownership and control has occurred since its certification; (B) Where the concern is owned by one or more disadvantaged individuals, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and (C) It is identified, on the date of its representation, as a certified small disadvantaged business concern in the database maintained by the Small Business Administration (PRO-Net); or [ ] (ii) It has submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted. (2) [ ] For Joint Ventures. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements at 13 CFR 124.1002(f) and that the representation in paragraph (b)(1) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ____________________________________________________.] (c) Penalties and Remedies. Anyone who misrepresents any aspects of the disadvantaged status of a concern for the purposes of securing a contract or subcontract shall: (1) Be punished by imposition of a fine, imprisonment, or both; (2) Be subject to administrative remedies, including suspension and debarment; and (3) Be ineligible for participation in programs conducted under the authority of the Small Business Act.(End of Provision)E.7 52.233-2 SERVICE OF PROTEST (SEP 2006) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from: Hand-Carried Address: Department of Veteran Affairs VA Denver Acquisition and Logistic Center (DALC) (003A4D-1) Attention: Gabrielle Harris, Contracting Officer 555 Corporate Circle Golden CO 80401 Mailing Address: Department of Veteran Affairs VA Denver Acquisition and Logistic Center (DALC) Attention: Gabrielle Harris, Contracting Officer PO Box 25166 Denver, CO 80225-0166 (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.(End of Provision)E.8 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (DEC 2009) (a) In an effort to achieve socioeconomic small business goals, depending on the evaluation factors included in the solicitation, VA shall evaluate offerors based on their service-disabled veteran-owned or veteran-owned small business status and their proposed use of eligible service-disabled veteran-owned small businesses and veteran-owned small businesses as subcontractors. (b) Eligible service-disabled veteran-owned offerors will receive full credit, and offerors qualifying as veteran-owned small businesses will receive partial credit for the Service-Disabled Veteran-Owned and Veteran-owned Small Business Status evaluation factor. To receive credit, an offeror must be registered and verified in Vendor Information Pages (VIP) database. (). (c) Non-veteran offerors proposing to use service-disabled veteran-owned small businesses or veteran-owned small businesses as subcontractors will receive some consideration under this evaluation factor. Offerors must state in their proposals the names of the SDVOSBs and VOSBs with whom they intend to subcontract and provide a brief description of the proposed subcontracts and the approximate dollar values of the proposed subcontracts. In addition, the proposed subcontractors must be registered and verified in the VIP database ().(End of Provision)E.9 VAAR 852.219-72 EVALUATION FACTOR FOR PARTICIPATION IN THE VA MENTOR-PROT?G? PROGRAM (DEC 2009) This solicitation contains an evaluation factor or sub-factor regarding participation in the VA Mentor-Protégé Program. In order to receive credit under the evaluation factor or sub-factor, the offeror must provide with its proposal a copy of a signed letter issued by the VA Office of Small and Disadvantaged Business Utilization approving the offeror's Mentor-Protégé Agreement.(End of Provision)E.10 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (JAN 2008) (a) Any protest filed by an interested party shall: (1) Include the name, address, fax number, and telephone number of the protester; (2) Identify the solicitation and/or contract number; (3) Include an original signed by the protester or the protester's representative and at least one copy; (4) Set forth a detailed statement of the legal and factual grounds of the protest, including a description of resulting prejudice to the protester, and provide copies of relevant documents; (5) Specifically request a ruling of the individual upon whom the protest is served; (6) State the form of relief requested; and (7) Provide all information establishing the timeliness of the protest. (b) Failure to comply with the above may result in dismissal of the protest without further consideration. (c) Bidders/offerors and contracting officers are encouraged to use alternative dispute resolution (ADR) procedures to resolve protests at any stage in the protest process. If ADR is used, the Department of Veterans Affairs will not furnish any documentation in an ADR proceeding beyond what is allowed by the Federal Acquisition Regulation.(End of Provision)E.11 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (JAN 1998) As an alternative to filing a protest with the contracting officer, an interested party may file a protest with the Deputy Assistant Secretary for Acquisition and Materiel Management, Acquisition Administration Team, Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420, or for solicitations issued by the Office of Construction and Facilities Management, the Director, Office of Construction and Facilities Management, 810 Vermont Avenue, NW., Washington, DC 20420. The protest will not be considered if the interested party has a protest on the same or similar issues pending with the contracting officer. PLEASE NOTE: The correct mailing information for filing alternate protests is as follows:Deputy Assistant Secretary for Acquisition and Logistics,Risk Management Team, Department of Veterans Affairs810 Vermont Avenue, N.W.Washington, DC 20420 Or for solicitations issued by the Office of Construction and Facilities Management:Director, Office of Construction and Facilities Management811 Vermont Avenue, N.W.Washington, DC 20420(End of Provision)E.12 VAAR 852.273-74 AWARD WITHOUT EXCHANGES (JAN 2003) The Government intends to evaluate proposals and award a contract without exchanges with offerors. Therefore, each initial offer should contain the offeror's best terms from a cost or price and technical standpoint. However, the Government reserves the right to conduct exchanges if later determined by the contracting officer to be necessary.(End of Provision)E.13 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): (End of Provision) 52.216-27SINGLE OR MULTIPLE AWARDS OCT 199552.217-5EVALUATION OF OPTIONS JUL 199052.219-24SMALL DISADVANTAGED BUSINESS OCT 2000 PARTICIPATION PROGRAM--TARGETS52.225-25PROHIBITION ON CONTRACTING WITH NOV 2011 ENTITIES ENGAGING IN SANCTIONEDACTIVITIES RELATING TO IRAN-- REPRESENTATION AND CERTIFICATION852.273-70LATE OFFERS JAN 2003 52.219-24 SMALL DISADVANTAGED BUSINESS PARTICIPATION PROGRAM--TARGETSOCT 2000 52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN SANCTIONED ACTIVITIES RELATING TO IRAN-- REPRESENTATION AND CERTIFICATIONNOV 2011 852.273-70 LATE OFFERSJAN 2003(End of Addendum to 52.212-1)E.14 52.209-5 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (DEVIATION) (a) In accordance with Division H, sections 8124 and 8125 of P.L. 112-74 and sections 738 and 739 of P.L. 112-55 none of the funds made available by either Act may be used to enter into a contract with any corporation that— (1) Has an unpaid federal tax liability, unless the agency has considered suspension or debarment of the corporation and the Suspension and Debarment Official has made a determination that this action is not necessary to protect the interests of the Government. (2) Has a felony criminal violation under any Federal or State law within the preceding 24 months, unless the agency has considered suspension or debarment of the corporation and Suspension and Debarment Official has made a determination that this action is not necessary to protect the interests of the Government. (b) The Offeror represents that— (1) The offeror does [ ] does not [ ] have any unpaid Federal tax liability that has been assessed and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (2) The offeror, its officers or agents acting on its behalf have [ ] have not [ ] been convicted of a felony criminal violation under a Federal or State law within the preceding 24 months.(End of Provision)E.15 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2012) An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via . If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) of this provision. (a) Definitions. As used in this provision-- "Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program. "Forced or indentured child labor" means all work or service-- (1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or (2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties. "Inverted domestic corporation", as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874. "Manufactured end product" means any end product in Federal Supply Classes (FSC) 1000-9999, except-- (1) FSC 5510, Lumber and Related Basic Wood Materials; (2) Federal Supply Group (FSG) 87, Agricultural Supplies; (3) FSG 88, Live Animals; (4) FSG 89, Food and Related Consumables; (5) FSC 9410, Crude Grades of Plant Materials; (6) FSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) FSC 9610, Ores; (9) FSC 9620, Minerals, Natural and Synthetic; and (10) FSC 9630, Additive Metal Materials. "Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. "Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate- (1) Are conducted under contract directly and exclusively with the regional government of southern Sudan; (2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providing goods or services to marginalized populations of Sudan; (4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education; or (6) Have been voluntarily suspended. "Sensitive technology"-- (1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically-- (i) To restrict the free flow of unbiased information in Iran; or (ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and (2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)). "Service-disabled veteran-owned small business concern"-- (1) Means a small business concern-- (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). "Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation. "Subsidiary" means an entity in which more than 50 percent of the entity is owned-- (1) Directly by a parent corporation; or (2) Through another subsidiary of a parent corporation. "Veteran-owned small business concern" means a small business concern-- (1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. "Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women. "Women-owned small business concern" means a small business concern-- (1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. "Women-owned small business (WOSB) concern eligible under the WOSB Program" (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States. (b)(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website. (2) The offeror has completed the annual representations and certifications electronically via the ORCA website access through . After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs . (c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply. (1) Small business concern. The offeror represents as part of its offer that it [ ] is, [ ] is not a small business concern. (2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not a veteran-owned small business concern. (3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not a service-disabled veteran-owned small business concern. (4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, for general statistical purposes, that it [ ] is, [ ] is not a small disadvantaged business concern as defined in 13 CFR 124.1002. (5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ] is, [ ] is not a women-owned small business concern. (6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that— (i) It [ ] is, [ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation. (7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that— (i) It [ ] is, [ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold. (8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ] is a women-owned business concern. (9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price: ___________________________________________ (10) [Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.] (i) General. The offeror represents that either-- (A) It [ ] is, [ ] is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the CCR Dynamic Small Business Search database maintained by the Small Business Administration, and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or (B) It [ ] has, [ ] has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted. (ii) [ ] Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(10)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ___________________.] (11) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that-- (i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR Part 126; and (ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(11)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture:____________.] Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation. (d) Representations required to implement provisions of Executive Order 11246-- (1) Previous contracts and compliance. The offeror represents that-- (i) It [ ] has, [ ] has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and (ii) It [ ] has, [ ] has not filed all required compliance reports. (2) Affirmative Action Compliance. The offeror represents that-- (i) It [ ] has developed and has on file, [ ] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or (ii) It [ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made. (f) Buy American Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act--Supplies, is included in this solicitation.) (1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." The terms "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American Act--Supplies." (2) Foreign End Products: Line Item No Country of Origin ______________ _________________ ______________ _________________ ______________ _________________[List as necessary] (3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (g)(1) Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act." (ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American Act--Free Trade Agreements--Israeli Trade Act": Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________[List as necessary] (iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American Act--Free Trade Agreements--Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." Other Foreign End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________[List as necessary] (iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (2) Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American Act--Free Trade Agreements--Israeli Trade Act": Canadian End Products: Line Item No. __________________________________________ __________________________________________ __________________________________________[List as necessary] (3) Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American Act--Free Trade Agreements--Israeli Trade Act": Canadian or Israeli End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________[List as necessary] (4) Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American Act--Free Trade Agreements--Israeli Trade Act”: Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________[List as necessary] (5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made, designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements." (ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country, end products. Other End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________[List as necessary] (iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American Act. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation. (h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals-- (1) [ ] Are, [ ] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (2) [ ] Have, [ ] have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or Commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; (3) [ ] Are, [ ] are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and (4) [ ] Have, [ ] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied. (i) Taxes are considered delinquent if both of the following criteria apply: (A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (C) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. (D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code). (i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). (1) Listed end products.Listed End ProductListed Countries of Origin (2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.] [ ] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. [ ] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor. (j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly-- (1) __ In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) __ Outside the United States. (k) Certificates regarding exemptions from the application of the Service Contract Act. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [ ] (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror [ ] does [ ] does not certify that-- (i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations; (ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003- 4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and (iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. [ ] (2) Certain services as described in FAR 22.1003- 4(d)(1). The offeror [ ] does [ ] does not certify that-- (i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations; (ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii)); (iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and (iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers. (3) If paragraph (k)(1) or (k)(2) of this clause applies-- (i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Act wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and (ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause. (l) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to a central contractor registration database to be eligible for award.) (1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS). (2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. (3) Taxpayer Identification Number (TIN). [ ] TIN: _____________________. [ ] TIN has been applied for. [ ] TIN is not required because: [ ] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; [ ] Offeror is an agency or instrumentality of a foreign government; [ ] Offeror is an agency or instrumentality of the Federal Government. (4) Type of organization. [ ] Sole proprietorship; [ ] Partnership; [ ] Corporate entity (not tax-exempt); [ ] Corporate entity (tax-exempt); [ ] Government entity (Federal, State, or local); [ ] Foreign government; [ ] International organization per 26 CFR 1.6049-4; [ ] Other _________________________. (5) Common parent. [ ] Offeror is not owned or controlled by a common parent; [ ] Name and TIN of common parent: Name _____________________. TIN _____________________. (m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan. (n) Prohibition on Contracting with Inverted Domestic Corporations (1) Relation to Internal Revenue Code. An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code 25 U.S.C. 7874. (2) Representation. By submission of its offer, the offeror represents that-- (i) It is not an inverted domestic corporation; and (ii) It is not a subsidiary of an inverted domestic corporation. (o) Sanctioned activities relating to Iran. (1) The offeror shall email questions concerning sensitive technology to the Department of State at CISADA106@. (2) Representation and Certification. Unless a waiver is granted or an exception applies as provided in paragraph (o)(3) of this provision, by submission of its offer, the offeror-- (i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran; and (ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act. (3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply if-- (i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable agency provision); and (ii) The offeror has certified that all the offered products to be supplied are designated country end products.(End of Provision) ................
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