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FBO DAILY ISSUE OF MARCH 16, 2007 FBO #1936
MODIFICATION

Q -- Amendment 0002Neurosurgery Services

Notice Date
3/14/2007
 
Notice Type
Modification
 
NAICS
621111 — Offices of Physicians (except Mental Health Specialists)
 
Contracting Office
Department of Veterans Affairs;Western New York Healthcare System;3495 Bailey Ave.;Buffalo NY 14215
 
ZIP Code
14215
 
Solicitation Number
VA-528-06-RP-0079
 
Response Due
3/16/2007
 
Archive Date
5/15/2007
 
Point of Contact
Deborah Heckman Contracting Specialist 716-862-6391
 
E-Mail Address
Email your questions to Contracting Officer's e-mail
(Deborah.Heckman2@va.gov)
 
Small Business Set-Aside
N/A
 
Description
PART 3, Section D, Paragraph 1 - deleted reference to HIPAA PART 3, Section D, Paragraph 2 - new paragraph adding HIPAA language, changing remainder paragraph numbers PART 3, Section R - new, adding HHS/OIG language PART 7, NOTE - clarification concerning sub-factor weight The Offer Due Date (SF 1449, block 8) for RFP #VA528-06-RP-0079 is extended to Friday, March 23, 2007 at 3:00 pm local time. Please replace pages 16, 17, 21 and 42 of the solicitation with the attached amended pages. PART 3 - SPECIAL CONTRACT REQUIREMENTS A. SPECIAL REQUIREMENTS: 1. All services within the scope of this contract that are provided by the contractor shall be in accordance with rule, regulations and by-laws of the medical center including mandatory requirements for credentialing and VPN access. The Contractor's physician group shall: All elective notes (consults, progress notes, operation notes, discharge summaries, etc.) shall be signed as soon as possible, but at least within 14 days. Payment of monthly invoices will be withheld until all records for the month(s) being invoiced are certified. 3. Contractor shall assure compliance with all relevant regulatory agencies and standards for their personnel, including but not limited to the Joint Commission on the Accreditation of Healthcare Organizations (JCAHO), the Occupational Safety and Health Administration (OSHA) and the State of New York, for all services rendered under this contract. 4. The Government may evaluate the quality of professional and administrative services provided, but retains no control over the medical, professional aspects of services rendered (e.g. professional judgments, diagnosis for specific medical treatment). B. CONTRACT MONITORING PROCEDURES: 1. Work performed in conjunction with this contract will be monitored by the Contracting Officer's Technical Representatives (COTR) to ensure all specifications and requirements are fulfilled. The COTR will monitor the contract by performing a 20% random sampling of patients receiving Neurosurgery services, to include reviewing clinical progress notes, treatment plan, and type of treatment administered. The COTR will also monitor the Contractor's compliance with specified turnaround times via patient complaints and/or satisfaction surveys. 2. The COTR will cross check invoices with patient's medical record to verify services were authorized and performed prior to certification of invoices for payment. C. CONTRACT QUALITY ASSURANCE/QUALITY CONTROL: 1. COTR shall monitor contractor performance and provide periodic reports to the Contracting Officer in the following areas: a. All elective notes (consults, progress notes, operation notes, discharge summaries, etc.) shall be completed at the time of encounter and shall be signed no later than 14 days. b. Contractor shall schedule appointments for new patients within thirty (30) days. c. Contractor shall see established patients within 30 days of desired appointment date. 2. Any incidents of contractor noncompliance as evidenced by the above monitoring procedures will be forwarded immediately to the contracting officer. D. LEGAL REQUIREMENTS RELATED TO MEDICAL RECORDS: 1. The Contractor shall provide healthcare to VAWNYHS patients. As such, the Contractor is considered part of VAWNYHS's healthcare activity for purposes of the following statues and the VA regulations implementing these statutes: the Privacy Act, 5 U.S.C. §552a, and 38 U.S.C. §§ 5701, 5707, and 7332. The Contractor and its employees may have access to VAWNYHS patient medical records to the extent necessary for the Contractor to perform this contract. Only authorized individuals shall make entries in the medical record. Notwithstanding any other provision of this contract, the Contractor and its employees may disclose patient treatment records generated by the Contractor under this contract only pursuant to explicit disclosure authority from VAWNYHS. The Contractor and its employees are subject to the penalties and liabilities provided in the statutes and regulations mentioned in this paragraph for unauthorized disclosure of such records and their contents. AMENDED 16 2. HIPAA COMPLIANCE: Contractor must adhere to the provisions of Public Law 104-191, Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the National Standards to Protect the Privacy and Security of Protected Health Information (PHI). As any entity conducting health care on VA's behalf, a Business Associate Agreement (BAA) is not required. 3. All release of information requests should be processed through VAWNYHS. Copies of the patient record with the corresponding release should be sent to VAWNYHS for processing. If the Contractor feels an exception to this rule is necessary the Contractor will consult with VAWNYHS prior to any disclosure of information. If it is approved for the Contractor to process the release of information request, the Contractor will forward copies of the information released with the corresponding request to VAWNYHS. 4. The Contractor shall create medical record documentation for each face-to-face encounter with the patient that is to be billed to the VAWNYHS. Content of the medical record documentation shall be in accordance with all applicable CMS guidelines relating to the provision of services at the time the service is rendered. It is required that the CMS guidelines current at the time of the encounter will be followed. 5. Records created by the Contractor in the course of treating VAWNYHS patients under this contract are the property of the VAWNYHS and shall be protected against loss, destruction tampering, and unauthorized access or use. 6. Subject to applicable federal confidentiality laws, the Contractor may have access to VAWNYHS records where necessary to perform the duties under this contract. 7. If this contract is terminated for any reason, the Contractor shall promptly provide VAWNYHS with the individually - identified VA patient treatment records. 8. The Contractor is required to comply with 48 C.F.R. §§ 24.101-104. In responding to a patient's request that copies of records be released to a third party, the Contractor shall refer the patient to VAWNYHS for release of records. The Contractor shall provide the patient with VA Form 5245®, Request for and Consent to Release of Medical Records Protected by 38 U.S.C. §7332, or other form furnished by VAWNYHS. The Contractor shall provide the completed form, at the Contractor's expense, to the VAWNYHS for releasing the records requested. The Contractor is responsible for complying with VHA, JCAHO, HIPAA, and other applicable external regulatory agency regulations. 9. Federal law requires all agencies, including VA, to retain records for specified periods of time. Since the records generated pursuant to this contract are VA records, the Contractor shall retain the records for the time period that VAWNYHS is required to retain the records, or, in the alternative, deliver them to VAWNYHS for retention. VAWNYHS has unrestricted right access to these records. 10. VAWNYHS does not have the legal authority to require that a patient provide his/her Social Security Number to VAWNYHS as a condition for receiving medical care under Title 38, United States Code. The Contractor does not have the legal authority to require a patient to provide his/her Social Security Number to VAWNYHS as a condition for receiving medical care under Title 38, United States Code. If the patient does not provide a Social Security Number, VAWNYHS will assign a unique identification number to the patient. E. PRIVACY ACT REQUIREMENTS Performance of contract services may involve review of VAWNYHS patient records containing information subject to the Privacy Act, 5 U.S.C. Section 552a. The Contractor will perform in accordance with FAR clause 52.224-2, Privacy Act, Section I and provisions of Public Law 104-191 HIPAA. The Contractor shall maintain confidentiality of such information and shall be held liable in the event of a breach of confidentiality. F. SECURITY TRAINING As VAWNYHS routinely reviews and updates policies and procedures, this contract may be modified to reflect new polices and procedures implemented during the term of this agreement. AMENDED 17 Q. OTHER PROVISIONS: 1. The VA reserves the right, under special circumstances, to authorize patient treatment at another facility. This shall normally be done only for a valid, documented clinical judgment that doing so is in the best interest of the patient's care. 2. The VA assumes no liability in the form of malpractice for the conduction of any and all neurosurgery treatment or other contract requirements, nor assumes responsibility for actions by the Contractor's staff in directing patients toward other treatment. R. HHS/OIG: To ensure that the individuals providing services under the contract have not engaged in fraud or abuse regarding Sections 1128 and 1128A of the Social Security Act regarding Federal health care programs, the Contractor is required to check the Health and Human Service - Office of Inspector General, list of excluded individuals/entities on the OIG website (www.hhs.gov/oig) for each person providing services under this contract. Further, the Contractor is required to certify in its proposal that all persons listed in the Contractor's proposal have been compared against the OIG list and are not listed. During the performance of this contract the Contractor is prohibited from using any individual or business listed on the List of Excluded Individuals/Entities. End of Part 3 - Special Contract Requirements AMENDED 21 PART 7 - EVALUATION 52.212-2 Evaluation--Commercial Items (Jan 1999) (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 shall be used to evaluate offers: 1. Technical a. Quality b. Geographic Location c. Management, Experience and Equipment 2. Past Performance 3. Cost a. Small Disadvantaged Business NOTE: Technical (Quality, Geographic Location, and Management, Experience and Equipment) and Past Performance, when combined, are worth twenty percent more than price. Offerors are reminded that all offers must demonstrate that Offerors meet the minimum requirements set forth under Description/Specifications/Work Statement of the Solicitation. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) 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) End of Part 7 - Evaluation AMENDED 42
 
Place of Performance
Address: Department of Veterans Affairs;Western New York Healthcare System;3495 Bailey Avenue;Buffalo, NY
Zip Code: 14215
Country: us
 
Record
SN01250778-W 20070316/070314220745 (fbodaily.com)
 
Source
FedBizOpps Link to This Notice
(may not be valid after Archive Date)

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