SPECIAL NOTICE
Q -- Radiation Therapy/Oncology off site.
- Notice Date
- 3/27/2012
- Notice Type
- Special Notice
- NAICS
- 621111
— Offices of Physicians (except Mental Health Specialists)
- Contracting Office
- Department of Veterans Affairs;VISN 9 ASC (90C);1639 Medical Center Parkway, Suite 400;Murfreesboro TN 37129
- ZIP Code
- 37129
- Archive Date
- 4/16/2012
- Point of Contact
- Curtis E. Cardoza
- E-Mail Address
-
5-6510<br
- Small Business Set-Aside
- N/A
- Description
- NOTICE OF INTENT TO AWARD SOLE SOURCE TEMPORARY CONTRACT Network Contracting Office 9 (NCO 9) has a requirement to contract for provision of off-site Radiation Therapy services for the VA Medical Center located in Huntington, WV. This is a continuing requirement and is based on an urgent need to ensure continuity of essential medical services. This contract is a Per-Procedure contract to provide Radiation Therapy, and on-call services to the Huntington VAMC. Contractor shall provide a full range of Radiation Therapy services to include: Brachytherapy, (intracavitary and interstitial therapy), hyperthermia, stereotactic RT, with access to high energy therapy machines, including linear accelerator (Contractor to specify MEV (energy voltage) of machines), support equipment such as simulator, dosimetry machines, etc. Services shall be provided by qualified, properly licensed personnel. The contractor's care shall cover the ranges of services normally provided in a similar civilian healthcare facility for patients of the Huntington VA Medical Center, 1540 Spring Valley Drive, Huntington, West Virginia 25704. The contractor's technical and professional personnel shall be of a quality meeting or exceeding currently recognized national standards as established by the Joint Commission (JC), Department of Veterans Affairs, and other regulatory agencies. The contractor will provide the facility, staffing, equipment, and supplies required to perform all requested radiation therapy services in accordance with the terms of the contract. The contractor is responsible for all contractor personnel, subcontractors, agents, and anyone acting for or on behalf of the contractor. All Radiation Oncologists will be board certified in Radiation Oncology. Radiation Therapists will be registered with the American Registry of Radiologic Technologists. The services provided under this contract are not to be performed outside the United States. Malpractice coverage and General Liability coverage are to be provided by the contractor. Contractor requirements are as follows: a.Provide professional radiation therapy services, offsite from the Huntington VAMC, five or more days per week. A radiation oncologist shall be available for emergencies twenty-four (24) hours a day, seven (7) days per week. In case of emergency during other than normal working hours, the contractor will give the VAMC a contact person. The radiation therapy procedures will include procedure codes listed in the American Medical Association's CPT Book as listed in the Schedule of Services and Price/Cost. Contractor is not authorized to perform services/procedures other than those listed in Schedule of Supplies/Services without prior authorization via CO or Contracting Officer's Representative (COR). b.Provide a list of all VA patients who have been scheduled at their facility weekly to the COR and VA Radiology Service, Attn. Film Library Clerk. This list shall be sent one week prior thereto, to allow the VA to provide necessary copies of radiological studies to Contractor, in a timely manner. c.The contractor will securely transmit reports in accordance with VA Handbook 6500, Information Security Program. Reports will be maintained in accordance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and VHA Handbook 1105.03. Patient notes/reports not completed in CPRS will be hand delivered or sent to the Huntington VAMC at 1540 Spring Valley Drive, Huntington, WV 25704. Radiation Oncologist will be available for telephone consultation and will provide recommendations to the attending and/or referring physicians, on Veterans referred for radiation therapy services. d.Provide reasonable timeliness in access to care. (1)Consultations will be scheduled by the contractor at the request of the VA as soon as possible after notification by the VA, normally, within forty-eight (48) hours after notification by the VA. Non-emergencies may be scheduled later if patient is being discharged and there is no need to start therapy immediately (2)Patient appointment wait time should not exceed 20 minutes from the time of the scheduled appointment. The Huntington VAMC reserves the right to refer its patients to other facilities. e.Physicians providing radiation therapy services must receive prior approval by the VA Chief of Staff. All individuals must be fully credentialed in accordance with VA Credentialing and Privileging guidelines, the Huntington VA Medical Staff Bylaws, Rules and Regulations and must possess a NPI number. The Chief of Staff, or his/her designee, will provide clinical oversight for all radiation therapy referrals to the contractor. If two or more VA patients are to be scheduled on the same day with the contractor, those patients will be given consecutive appointments so that they can be transported together. When the contractor receives a patient for treatment, the contractor will submit a proposed treatment plan immediately post-consultation so that an appointment can be arranged. The plan will be submitted directly to the Facility Transfer Coordinator Office. PHONE NUMBER (304) 429-6755, extension 3252, FAX NUMBER (304) 429-0296. Authenticated medical documentation of treatment and progress notes or information on VA patients treated by the contractor will be provided to the Huntington VA within these timeframes: (1)Initial consult with treatment plan and history and physical: within 48 hours from the time of the initial patient visit. (2)Documentation of any changes in the patient's condition or any change to the treatment plan: provided to VA on the day of the treatment change. (3)Final summary: provided to VA within 14 calendar days of completion of the patient's radiation therapy treatment(s). f.If additional testing (i.e. lab work, CT scans, X -rays, etc) is required, the contractor shall be required to refer these back to the VA for scheduling. g.The contractor will assume complete responsibility for VA patients while at their facility for treatment under this contract. h.To electronically transmit reports the contractor's equipment hardware, software and supplies must be compatible with the VA's software and hardware used during performance of this contract including critical patches and antivirus updates. Contractor shall provide proof of installation of critical patches and/or antivirus updates to the VA upon request. i.Maintain the security and integrity of patient information in accordance with VA Handbook 6500 and VA Handbook 6500.6. The following information security requirements are described in the above Handbooks. However, there are critical requirements that are emphasized below. (1)The contractor will be responsible to ensure that contractor personnel providing work on this contract are fully trained and fully competent to perform the required work for the duration of the contract period: a.Certification of radiation oncology physicists, radiation therapy technicians, dosimetrists, and other support personnel. b.Demonstrate a high quality of performance in previous interactions within the past five (5) years. c.Must meet or exceed federal and state regulations for safety and other licensing requirements and make available to the VAMC if requested. d.Have a written Program of Quality Assurance to meet Joint Commission standards and monitoring criteria and make available to the VA if requested. e.Have a full-time physicist on the premises. f.Prospective providers of radiation therapy services and procedures must present appropriate credentialing information including, but not limited to, the following: 1.Board certified/board eligible in Radiation Oncology, American Registry of Radiologic Technologists, or other appropriate certification registry. 2.Current licensure in the state of practice. 3.Clinical practice experience of at least 2 years 4.Candidate will also be required to make application through the VET-PRO Internet process. The website address is: http://fcp.vetpro.org/. 5.Contractor will provide appropriate malpractice insurance. j.In the event of litigation/investigation of a claim of liability or malpractice, the Contractor and/or the Contractor's personnel shall cooperate fully with Government authorities and designed officials in the investigation of the claim or preparation for litigation. The Contractor will be responsible to ensure the Contractor employees providing work on this contract is fully trained and completely competent to perform the required work. Notwithstanding other contract requirements, upon request to the Contracting Officer, the Contractor will remove from the work site, any Contractor employee who does not comply with or meet competency requirements for the work being performed. Where the contract does not require Joint Commission accreditation or other regulatory body requirements, the Contractor must although perform the required work in accordance with Joint Commission standards. A copy of these standards may be obtained from the Joint Commission, One Renaissance Blvd., Oakbrook Terrace, IL 60181. The contractor is required to develop and maintain the following documents for each Contractor employee working on the contract: credentials and qualifications for the job; a current competence assessment checklist (an assessment of knowledge, skills, abilities and behaviors required to perform a job correctly and skillfully; includes knowledge and skills required to provide care for certain patient populations, as appropriate); a current performance evaluation supporting ability of the Contractor employee to successfully perform the work required in this solicitation; and listing of relevant continuing education for the last two years. The Contractor may be requested to provide current copies of these records at the time of the contract award and annually on the anniversary date of contract award to the VA. k.The contractor will work with the Contracting Officer Technical Representative (COTR) to assure that Joint Commission requirements are met. This includes: a. Providing documentation that a quality control program is designed and implemented that minimizes patient and public risks and maximizes the quality of therapy. b.Assure that a qualified physician, qualified medical radiation physicist, or other qualified individual: (i)Monitor each patient for prescribed dose(s) distribution to an acceptable degree of accuracy and precision. (ii)Monitor therapy machines, radiation sources, and simulators for proper working order. The contractor will immediately notify Quality Management at the VAMC of any patient that experiences Prolonged fluoroscopy with cumulative dose >1500 rads to a single field, or any delivery of radiotherapy to the wrong body regions or >25% above the planned radiotherapy dose. l.TRAINING: 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. (a)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. SECURITY and PRIVACY REQUIREMENTS FOR CONTRACTOR EMPLOYEES PRIVACY ACT/SECURITY REQUIREMENTS FOR CONTRACTORS HAVING ACCESS TO VETERAN INFORMATION 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. Any contractor, who may have access to this sensitive data, is also required to follow the same code of behavior when dealing with such information. In accordance with the VISN (Veterans Integrated Service Network)9 Directive 10N9-31-06, dated May 26, 2006, contractor shall ensure that all contractor personnel with access to patient records comply with the Privacy Act of 1974, (USC 7332 & 5701) and the requirements of the Health Insurance Portability and Accountability Act (HIPAA). Each contractor employee that will have access to any sensitive data will be required to abide by the conditions and security requirements noted herein. Violations may be cause for termination of the contract. Contractor must provide adequate on-site security of your facilities, equipment, and software where patient information is stored, utilized, or accessed, to ensure protection from hazard, theft, and unauthorized access. a. SECURING SENSITIVE DOCUMENTS: Forms and other types of printed output produced by any computer system will be evaluated by the responsible staff member for data sensitivity. Printed output containing sensitive data should be labeled as such, stored in locked cabinets or desks, and disposed of properly by shredding or placement in specially marked containers. All employees are responsible for retrieving all printed outputs they request from printers or facsimile machines. Data files, documentation, and other back-up materials will be stored in areas controlled by locks or personnel to prevent unauthorized access. (1)Contractor(s) shall insure the confidentiality of all patient and employee information and shall be held liable in the event of breach of confidentiality according to federal regulations contained in HIPAA. Any person, who knowingly or willingly discloses confidential information from the VA Medical Center, may be subject to fines of up to $50,000.00 and may be subjected to civil litigation from the patient. (2)Records: Contractor(s) personnel who obtain access to hardware or media which may manipulate or store drug or alcohol abuse data, sickle cell anemia treatment records, records or tests or treatment for or infection with HIV, medical quality assurance records, or any other sensitive information protected under 38 U.S.C. 4132 or 3305, as defined by the Department of Veterans Affairs, shall not have access to the records unless absolutely necessary to perform their contractual duties. Any individual who has access to these data will disclose them to no one, including other employees of the Contractor(s) not involved in the performance of the particular contractual duty for which access was obtained. Violation of these statutory provisions, as stated in department regulations by the Contractor(s)'s employees may involve imposition of criminal penalties. b. COMMUNICATIONS AND TRANSMISSIONS SECURITY (HIPAA 164.312e; FISMA 8.2): (1) Facsimile (Fax) Machines (if utilized for submission of reports): Individuals who FAX sensitive or confidential information must ensure the FAX is sent to the appropriate individual and they are aware the information is to be protected from unauthorized use. a.Fax transmissions will contain a cover sheet with the following statement: "This fax is intended only for the use of the person or office to which it is addressed and may contain information that is privileged, confidential, or protected by law. All others are hereby notified that the receipt of this fax does not waive any applicable privilege or exemption for disclosure and that any dissemination, distribution, or copying of this communication is prohibited. If you have received this fax in error, please notify this office immediately at the telephone number listed above." HIPAA regulations apply to all faxes transmitted to or from electronic devices. b.Contractor staff shall ensure the correct recipient's fax number is entered prior to transmittal. Delivery must be confirmed by telephoning the recipient, E-mail confirmation of FAX receipt, or review of fax transmittal confirmation sheet. c.Fax machines should be placed in areas secured by physical access controls that require security keys, badges, or similar mechanisms in order to gain access. d.Fax machines should have pre-programmed and tested destination numbers entered to minimize the potential for human error. (2) E-mail (if utilized for submission of reports): The transmission of e-mail messages containing sensitive information or ePHI via Outlook, must be done in a secure manner, i.e. encryption. PKI is the only approved method of encryption for the VA. A PKI certificate can be obtained by contacting the facility ISO. c. RESTRICTIONS ON TRANSMISSION, TRANSPORTATION AND USE OF, AND ACCESS TO, VA DATA OUTSIDE VA FACILITIES (1) VA information may not reside on non-VA systems or devices unless specifically designated and approved in advance by the appropriate VA official (supervisor), and only where the non-VA systems or devices conform to, or exceed, applicable VA security policies or are specifically authorized by VA guidance. (2) VA Protected Information (VAPI) must not be transmitted by remote access unless VA-approved protection mechanisms are used. All encryption modules used to protect VA data must be validated by NIST to meet the currently applicable version of Federal Information Processing Standards (FIPS) 140 (See http://csrc.nist.gov/crypval/140-1/1401val.htm for a complete list of validated cryptographic modules). Only approved encryption solutions using validated modules may be used when protecting data during transmission. (3)Passwords or other authentication information must not be stored on remote systems unless encrypted. VA-PKI certificates must be stored in encrypted form only and must be accessible only by using a personal identification number (PIN) or password. (4)Data Stored - Encryption. Additional security controls are required to guard VAPI stored on computers outside VA facilities. All VAPI stored on the computer, file or electronic storage media must be encrypted using VA-approved protection mechanisms (see bullet two, above). (5)Equipment must be housed and protected to reduce the risks from environmental threats and hazards, and the opportunities for unauthorized access, use, or removal. (6)Portable computers that have VAPI on their storage device(s) or have software that provides access to VA private networks must be secured under lock and key when not in immediate vicinity of responsible individual. This includes external hard drives and other storage devices. (7)Data and system backups that include VA information have the same confidentiality classification as the originals. Therefore, these materials must be protected with the same or equally effective physical security as that provided to the source computer, its media, and information contained therein. (8)All individually identifiable health records/information shall be treated with the strictest confidentiality. Access to records shall be limited to essential personnel only. Records shall be secured when not in use. (9)The Contractor 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. (10)The Contractor 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 Contractors electronic storage media for restoration in case any electronic equipment or data used by the Contractor 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. (11) Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the Contractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, and (ii) with VA's prior written approval. The Contractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response. Under FAR Part 6.302-2, the current contract provider, Tri-State Regional Cancer Center, is the only party who can ensure continuity of essential medical services pending the solicitation and award of a long-term contract for these services. A Request for Information (RFI), VA249-12-I-0293, was previously posted with five (5) sources responding with an interest in bidding on a long term contract. Additional time is required to prepare a proper solicitation and award a contract for provision of these services. It is anticipated that a solicitation will be issued as soon as possible during Fiscal Year 2012. The NAICS code associated with this requirement is 621111 with a size standard of $10 million. This Notice of Intent is not a request for Expressions of Interest (EOI), proposals, or quotations. No solicitation document exists and no telephone inquiries will be accepted. No contract award will be made on the basis of EOIs, proposals, or quotations received in response to this Notice. This Notice of Intent is not a request for competition. However, any company that feels they can meet the requirements may give written notification to the Contracting Officer 10 days from the date of publication of this Notice. Interested persons should furnish detailed data concerning their capabilities to provide services sought, including pricing data and technical data sufficient enough to determine that a comparable source to the government is available. Supporting evidence must be furnished in sufficient detail to demonstrate the ability to comply with the above requirements. Information may be sent to curtis.cardoza@va.gov or via facsimile to Curtis Cardoza at (615) 225-5432. Responses received will be utilized to develop an interested parties list for the upcoming solicitation that will be issued on or about 01 June 2012. The Department of Veterans Affairs will proceed with a sole source award for the requirement to Tri-State Regional Cancer Center, Ashland, KY.
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