Page 44 of 48 Page 46 of 48 Request for Information The VAMC is looking for contractors who can provide viable candidates for the below requirement that will be ready to start on 7/14/2022. All replies should include candidate materials. Response to this RFI is do NLT 3:00 PM EST 7/1/2022. Thank you for your interest. _____________________________________________________________________________________ SCHEDULE OF SERVICES The Contractor shall furnish all personnel to provide services necessary to perform onsite Therapeutic Medical Physics and Dosimetry Support Services to eligible beneficiaries of the Department of Veterans Affairs Medical Center, VA Pittsburgh Health care system (VAPHS). All VHA Radiation Oncology Services are accredited by a nationally recognized accrediting body contracted through the National Radiation Oncology Program (NROP). As such any Contractor providing on-site radiation oncology services must adhere to all the policies and procedures; practice standards, guidelines, patient care operations; patient safety; quality assurance and quality management of radiotherapy planning, equipment, and delivery; and continuous quality improvement initiatives promulgated by the American College of Radiology, American Society for Radiation Oncology and American Association for Physicist in Medicine. Place of Performance: Services shall be provided on site in Radiation Oncology Service, VAPHS University Drive C Pittsburgh, PA 15240 Period of Performance: BASE: 7/14/2022 to 11/30//2022 ITEM INFORMATION ITEM NUMBER DESCRIPTION OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0001 520.00 EA $_____ $_______ Onsite clinical medical physics support LOCAL STOCK NUMBER: 1 Funding/Req. Number: 1 0002 200.00 EA $______ $______ Remote Clinical medical physics support LOCAL STOCK NUMBER: 2 Funding/Req. Number: 1 0003 150.00 EA $_______ $______ Remote clinical medical physics support LOCAL STOCK NUMBER: 3 Funding/Req. Number: 1 0004 170.00 EA $______ $______ Remote clinical medical physics support LOCAL STOCK NUMBER: 4 Funding/Req. Number: 1 0005 520.00 EA $______ $_______ Remote clinical dosimetry support LOCAL STOCK NUMBER: 5 Funding/Req. Number: 1 GRAND TOTAL ONSITE PHYSICIAN, THERAPEUTIC MEDICAL PHYSICISTS, MEDICAL DOSIMETRISTS AND/OR THERAPEUTIC RADIOLOGIC TECHNOLOGISTS SUPPORT SERVICES PERFORMANCE WORK STATEMENT (PWS) GENERAL SERVICES REQUIRED: The VA Radiation Oncology Services are accredited by a nationally recognized accrediting body contracted through NROP. As such any Contractor providing on-site radiation oncology services must adhere to Guidelines & Technical Standards for Radiation Oncology promulgated by the American College of Radiology, American Society for Radiation Oncology and American Association for Physicist in Medicine: A contractor providing on-site radiation oncology services must provide evidence the radiation oncology practice meets or exceeds the established clinical practice guidelines and standards. PLACE OF PERFORMANCE: VA Pittsburgh Healthcare System AUTHORITY: Title 38 USC 8153, Health Care Resources (HCR) sharing Authority. Policy/Handbooks: VA Directive 1663: Health Care Resources Contracting - Buying https://www.va.gov/vapubs/viewPublication.asp?Pub_ID=969&FType=2 VHA Notice 2018-34 Rescission of VHA Directive 2006-041 Veterans Health Care Service Standards https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=7475 VHA Handbook 1100.17: National Practitioner Data Bank Reports - https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=2135 VHA Handbook 1100.18 Reporting and Responding to State Licensing Boards - https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=1364 VHA Handbook 1100.19 Credentialing and Privileging - https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=1806 VHA Directive 2012-030 Credentialing of Health Care Professionals https://vaww.va.gov/vhapublications/ViewPublication.asp?pub_ID=2815 VHA Handbook 1907.01 Health Information Management and Health Records: https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=3088 VHA Directive 1156 Accreditation of VHA Radiation Oncology Services/Sections: https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=7450 VHA Directive 1414 Stereotactic Body Radiotherapy: https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=8197 US Nuclear Regulatory Commission for management and use of radioactive materials for medical use and radiation safety requirements, to include (but not limited to) 10 CFR Parts 19, 20, 30, 33, 35, and 71 http://www.nrc.gov/reading-rm.html Privacy Act of 1974 (5 U.S.C. 552a) as amended http://www.justice.gov/oip/foia_updates/Vol_XVII_4/page2.htm DEFINITIONS/ACRONYMS: AAPM: American Association of Physics in Medicine ACGME: Accreditation Council for Graduate Medical Education ABR: American Board of Radiology ACR: American College of Radiology (www.acr.org/) ACO: Administrative Contracting Officer ALARA: As Low as Reasonably Achievable (least & lowest radiation exposure possible) AOA: American Osteopathic Association ARRT(T): American Registry of Radiologic Technologists (T) in Radiation Therapy ASTRO/APEx: American Society for Radiation Oncology/Accreditation Program for Excellence ® (https://www.astro.org/Daily-Practice/Accreditation) BAA: Business Associate Agreement CAMPEP: Commission on Accreditation of Medical Physics Educational Programs (http://www.campep.org/default.asp) CDC: Centers for Disease Control and Prevention CEU: Certified Education Unit CMD: Certified Medical Dosimetrist CME: Continuing Medical Education CMS: Centers for Medicare and Medicaid Services CO: Contracting Officer COR: Contracting Officer s Representative COS: Chief of Staff CPARS: Contractor Performance Assessment Reporting System CPRS: Computerized Patient Recordkeeping System- electronic health record system used by the VA. FSMB: Federation of State Medical Boards Full Time Equivalent (FTE): VA s definition for full time- working the equivalent of 80 hours every two weeks, 2080 hours per year. In calculating FTE, any hours not worked on national holidays shall not be included. HHS: Department of Health and Human Services HICPAC: Healthcare Infection Control Practices Advisory Committee- a federal advisory committee made up of 14 external infection control experts who provide advice and guidance to the CDC and the Secretary of HHS regarding the practice of health care infection control, strategies for surveillance and prevention and control of health care associated infections in United States health care facilities. HIPAA: Health Insurance Portability and Accountability Act IGRT: Image Guided Radiation Therapy is the process of frequent two and three-dimensional imaging, during a course of radiation treatment, used to direct radiation therapy utilizing the imaging coordinates of the actual radiation treatment plan. IMRT: Intensity Modulated Radiation Therapy is the process of delivering highly conformal radiotherapy to the tumor while sparing the surrounding normal tissues by varying radiation intensity across treatment portals. IROC: Imaging and Radiation Oncology Core ISO: Information Security Officer MU: Monitor Unit is a measure of machine output of a linear accelerator in radiation therapy. NHPP: National Health Physics Program- NHPP provides regulatory oversight for the Nuclear Regulatory Commission master materials license issued to VHA to include permitting for use of materials, on-site inspections, and investigations of allegations, medical events, and incidents. In addition, we provide oversight for machine sources of ionizing radiation used for radiation therapy. Finally, we provide assistance and technical information for uses of ionizing radiation for healthcare diagnosis and treatment and non-human biomedical research. (http://www.patientcare.va.gov/NHPP.asp) NROP: National Radiation Oncology Program NRSC: National Radiation Safety Committee POP: Period of Performance PPD: Purified Protein Derivative PWS: Performance Work Statement QASP: Quality Assurance Surveillance Plan QMP: Quality Management Program SPE: Senior Procurement Executive SRS: Stereotactic Radio Surgery: a minimally invasive form of surgical intervention which makes use of a three-dimensional coordinated system to locate small targets inside the body and to perform on them some action such as ablation, biopsy, lesion, injection, stimulation, implantation, radiosurgery (SRS) etc. SBRT: Stereotactic Body Radiotherapy TJC: The Joint Commission TLD: Thermoluminescent Dosimeter- a device that measures radiation dose TMP: Therapeutic Medical Physicist TRT: Therapeutic Radiologic Technologist (Interchangeable Names: Radiologic Therapy Technologist, Radiation Therapist) VA: Department of Veterans Affairs VAMC: Veterans Affairs Medical Center VetPro: a federal web-based credentialing program for healthcare providers. VHA: Veterans Health Administration QUALIFICATIONS: Radiation Oncology Physician: The Contractor shall provide American Board of Radiology (ABR) certified physicians in Radiation Oncology and contract physicians shall maintain certification throughout the period of performance. In the event that Contractor s Radiation Oncology Physician(s) is/are not directly employed by the treating facility, documentation must be provided to ensure adequate certification. Medical Dosimetrists must be Certified Medical Dosimetrists (CMD) certified by the Medical Dosimetrist Certification Board. In the event that the Contractor s Dosimetrist(s) is/are not directly employed by the treating facility, documentation must be provided to ensure adequate certification. Credentialing of Health Care Professionals other than physiciansIn accordance with VHA Directive 2012-030, all health care professional who claim licensure, certification, or registration, as applicable to the position (this applies to all who are appointed or utilized on a full-time, part-time, intermittent, consultant , without compensation, on-station fee-basis, on-station contract, or on-station sharing agreement basis) and who are not currently credentialed in accordance with VHA Handbook 1100.19, must be credentialed in accordance with this directive. NOTE: The credentialing requirements are found in Attachment A of this Directive. Qualifications: Board Certified Chief Therapeutic Medical Physicist Ph.D. Level: Must have at least five (5) years of documented post-board experience after board certification and at least three (3) years of continuous work experience within the last five (5) years to ensure the TMP s experience is current and relevant. Senior TMP must also have the following minimum years of experience, expertise, and knowledge on the following procedures, equipment, and software: Five (5) years of experience Documentation detailing experience in all aspects of clinical physics operations. Three (3) years of experience Documentation detailing clinical experience as Therapeutic Medical Physics in an accredited radiation oncology service. Three (3) years of experience - Hands -on experience on a state-of-the-art radiation delivery system Three (3) years of experience -Image Guided Radiation Therapy (IGRT) including Cone Beam CT and optical surface imaging systems Three (3) year of experience - 3D treatment planning system; and radiotherapy record & verify system, including the following treatment planning and delivery techniques: 2D/3D Conformal, SRS, IGRT, SBRT, IMRT/VMAT, and Brachytherapy Three (3) years of experience - State-of-the-art QA devices for all advanced procedures such as SRS, SBRT, and IMRT. Three (3) years of experience - CT Simulator including 4D imaging. Successfully perform one (1) acceptance testing (i.e., work with vendor to ensure proper working condition during installation) on a state-of-the-art linear accelerator. Successfully perform one (1) clinical commissioning of (i.e., gathered necessary measurements or data) a linear accelerator for a treatment planning system. Understanding of the risk-assessment techniques recommended in the AAPM Report TG-100 CMD: Must be certified in medical dosimetry by the Medical Dosimetrist Certification Board (MDCB) with at least two years of continuous work experience within the last three years to ensure the CMD s experience is current and relevant. CMD must also have the following minimum years of experience, expertise, and knowledge on the following procedures, equipment, and software: Two (2) years of experience - Documentation detailing experience in performing QA procedures. One (1) year of experience - Documentation detailing CMD experience in an accredited radiation oncology service. One (1) year of experience - State-of-the-art radiation delivery system One (1) years of experience - Image Guided Radiation Therapy (IGRT) including Cone Beam CT and optical imaging system. One (1) year of experience - 3D treatment planning system; and Radiotherapy record & verify system, including the following treatment modalities: SRS, SRT, SBRT, and IMRT One (1) year of experience - state-of-the-art image registration and image fusion techniques (Both rigid and deformable) One (1) year of experience - CT Simulator . Continuing CME CEU Requirements: Contractor shall provide the COR copies of current CEU s as required or requested by the VAMC. Contractors registered or certified by national/medical associations shall continue to meet the minimum standards for CME to remain current. CME hours shall be reported to the credentialing office for tracking. These documents are required for initial and renewal privileging. Failure to provide shall result in loss of privileges. Standard Personnel Testing/Infection Control: The Contractor must provide documentation that demonstrates that all Contractor employees have a satisfactory health status, including a current physical and the below tests, per the CDC immunization recommendations for healthcare workers: https://www.cdc.gov/vaccines/adults/rec-vac/hcw.html. The required proof must be provided within 14 calendar days after contract award and prior to a TMPs performance of services under the contract. Tuberculosis (TB) Testing: Contractor shall provide proof of a negative Blood Test (also called interferon-gamma release assays or IGRA) for all Contractor employees as a baseline. Two TB blood tests are approved by the FDA: the QuantiFERON TB Gold In-Tube test (QFT-GIT) and the T-SPOT TB test (T-Spot). Subsequent testing is not required unless the Contractor employee has been exposed to someone with TB. CDC recommendations for TB testing for health care personnel: https://www.cdc.gov/tb/topic/infectioncontrol/healthcarepersonnel-faq.htm TDaP (TETNUS/DIPTHERIA/PERTUSSIS): Contractors shall provide proof of 1 dose of Tdap vaccination for all Contractor employees. Boosters are required every 10 years. Influenza: Contractors shall provide proof that all Contractor employees have received the annual Influenza vaccine unless it is contraindicated. If the Contractor employee has a medical contraindication to the vaccine, they are required to wear a mask during the Influenza season. Hepatitis B: Contractor shall provide evidence of completing and passing generic self-study blood-borne pathogen training for all Contractor employees; provide their own Hepatitis B vaccination series (3 doses required) plus a serologic titer (1-2 months after final dose) to document immunity following the hepatitis B vaccination series; maintain an exposure determination and control plan; maintain required records; and ensure that proper follow-up evaluation is provided following an exposure incident. Measles, Mumps, & Rubella: Contractors shall provide proof of immunity for all Contractor employees, i.e., at least 2 doses of vaccine or serologic evidence of immunity. Varicella: Contractors shall provide proof of immunity for all Contractor employees, i.e., at least 2 doses of vaccine or serologic evidence of immunity. The VAMC shall notify the Contractor of any significant communicable disease exposures as appropriate. Contractors shall adhere to current CDC/HICPAC Guideline for Infection Control in health care personnel (as published in American Journal for Infection Control- AJIC 1998; 26:289-354 http://www.cdc.gov/hicpac/pdf/InfectControl98.pdf) for disease control. Contractors shall provide follow up documentation of clearance to return to the workplace prior to their return. The VAMC shall notify the Contractor of any significant communicable disease exposures as appropriate. Contractors shall adhere to current CDC/HICPAC Guideline for Infection Control in health care personnel (as published in American Journal for Infection Control- AJIC 1998; 26:289-354 http://www.cdc.gov/hicpac/pdf/InfectControl98.pdf) for disease control. Contractors shall provide follow up documentation of clearance to return to the workplace prior to their return. Conflict of Interest: The Contractor and all contract physician (s) and other contract provider (s) are responsible for identifying and communicating to the CO and COR conflicts of interest at the time of proposal and during the entirety of contract performance. At the time of proposal, the Contractor shall provide a statement which describes, in a concise manner, all relevant facts concerning any past, present, or currently planned interest (financial, contractual, organizational, or otherwise) or actual or potential organizational conflicts of interest relating to the services to be provided. The Contractor shall also provide statements containing the same information for any identified consultants or subcontractors who shall provide services. The Contractor must also provide relevant facts that show how it s organizational and/or management system or other actions would avoid or mitigate any actual or potential organizational conflicts of interest. These statements shall be in response to the VAAR provision 852.209-70 Organizational Conflicts of Interest (Jan 2008) and fully outlined in response to the subject attachment in Section D of the solicitation document. Citizenship related Requirements: The Contractor certifies that the Contractor shall comply with any and all legal provisions contained in the Immigration and Nationality Act of 1952, As Amended; its related laws and regulations that are enforced by Homeland Security, Immigration and Customs Enforcement and the U.S Department of Labor as these may relate to non-immigrant foreign nationals working under contract or subcontract for the Contractor while providing services to Department of Veterans Affairs patient referrals. While performing services for the Department of Veterans Affairs, the Contractor shall not knowingly employ, contract, or subcontract with an illegal alien; foreign national non-immigrant who is in violation their status, as a result of their failure to maintain or comply with the terms and conditions of their admission into the United States. Additionally, the Contractor is required to comply with all E-Verify requirements consistent with Executive Order 12989 and any related pertinent Amendments, as well as applicable Federal Acquisition Regulations. If the Contractor fails to comply with any requirements outlined in the preceding paragraphs or its Agency regulations, the Department of Veterans Affairs may, at its discretion, require that the foreign national who failed to maintain their legal status in the United States or otherwise failed to comply with the requirements of the laws administered by Homeland Security, Immigration and Customs Enforcement and the U.S Department of Labor, shall be prohibited from working at the Contractor s place of business that services Department of Veterans Affairs patient referrals; or other place where the Contractor provides services to veterans who have been referred by the Department of Veterans Affairs; and shall form the basis for termination of this contract for breach. This certification concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under 18 U.S.C. 1001. The Contractor agrees to obtain a similar certification from its subcontractors. The certification shall be made as part of the offerors response to the RFP using the subject attachment in Section D of the solicitation document. Annual Office of Inspector General (OIG) Statement: In accordance with HIPAA and the Balanced Budget Act (BBA) of 1977, the Department of Health and Human Services (HHS) Office of Inspector General (OIG) has established a list of parties and entities excluded from Federal health care programs. Specifically, the listed parties and entities may not receive Federal Health Care program payments due to fraud and/or abuse of the Medicare and Medicaid programs. Therefore, Contractor shall review the HHS OIG List of Excluded Individuals/Entities on the HHS OIG web site at http://oig.hhs.gov/exclusions/index.asp to ensure that the proposed contract physician (s) is not listed. Contractor should note that any excluded individual or entity that submits a claim for reimbursement to a Federal health care program, or causes such a claim to be submitted, may be subject to a Civil Monetary Penalty (CMP) for each item or service furnished during a period that the person was excluded and may also be subject to treble damages for the amount claimed for each item or service. CMP s may also be imposed against the Contractor that employ or enter into contracts with excluded individuals to provide items or services to Federal program beneficiaries. By submitting their proposal, the Contractor certifies that the HHS OIG List of Excluded Individuals/Entities has been reviewed and that the Contractors are and/or firm is not listed as of the date the offer/bid was signed. Clinical/Professional Direction: The qualifications of Contractor personnel are subject to review by VA Medical Center COS or his/her clinical designee and approval by the Medical Center Director as provided in VHA Handbook 1100.19. Clinical/Professional direction of all clinical personnel covered by this contract will be provided by the VAMC COS and/or the Chief of the Service or his designee. A clinical COR may be appointed, however, only the CO is authorized to consider any contract modification request and/or make changes to the contract during the administration of the resultant contract. Non-Personal Healthcare Services: The parties agree that the Contractor and all contract physician (s) and other contract provider (s) shall not be considered VA employees for any purpose. Inherent Government Functions: Contractor and Contract physician (s) and other contract provider (s) shall not perform inherently governmental functions. This includes, but is not limited to, determination of agency policy, determination of Federal program priorities for budget requests, direction and control of government employees (outside a clinical context), selection or non-selection of individuals for Federal Government employment including the interviewing of individuals for employment, approval of position descriptions and performance standards for Federal employees, approving any contractual documents, approval of Federal licensing actions and inspections, and/or determination of budget policy, guidance, and strategy. No Employee status: The Contractor shall be responsible for protecting Contract physician (s) and other contract provider (s) furnishing services. To carry out this responsibility, the Contractor shall provide or certify that the following is provided for all their staff providing services under the resultant contract: Workers compensation Professional liability insurance Health examinations Income tax withholding, and Social security payments. Tort Liability: The Federal Tort Claims Act does not cover Contractor or contract physician(s) and other contract provider (s). When a Contractor or contract physician(s) and/or other contract provider (s) has been identified as a provider in a tort claim, the Contractor shall be responsible for notifying their legal counsel and/or insurance carrier. Any settlement or judgment arising from a Contractor s (or contract physician(s) or other contract provider (s)) action or non-action shall be the responsibility of the Contractor and/or insurance carrier. Key Personnel: Contractor shall provide the number of qualified staff as is necessary to perform the services required under this contract, at the staffing level determined to be professionally acceptable by the VAPHS Chief of Staff and in accordance with American College of Radiology staffing guidelines. The Board Certified Chief Therapeutic Medical Physicist is required to be on site at least 3 days during each week as defined in Hours of Operation in this section. The number of Certified Medical Dosimetrists required to be on site or available remotely is 1 as defined in paragraph Hours of Operation in this section. Emergency Substitutions: During the first ninety (90) calendar days of performance, the Contractor shall make NO substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the CO, in writing, within 15 calendar days after the occurrence of any of these events and provide the information required below. After 90 days, the Contractor shall submit the information required below to the CO at least 15 calendar days prior to making any permanent substitutions. The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the CO. Proposed substitutes shall have comparable qualifications to those of the persons being replaced. The CO will notify the Contractor within 15 calendar days after receipt of all required information of the decision on the proposed substitutes. The contract will be modified to reflect any approved changes of key personnel. For temporary substitutions where the key person shall not be reporting to work for three (3) consecutive workdays or more, the Contractor shall provide a qualified replacement for the key person. The substitute shall have comparable qualifications to the key person. Any period exceeding two weeks will require the procedure as stated above. The Government reserves the right to refuse acceptance of any Contractor personnel at any time after performance begins, if personal or professional conduct jeopardizes patient care or interferes with the regular and ordinary operation of the facility. Breaches of conduct include intoxication or debilitation resulting from drug use, theft, patient abuse, dereliction, or negligence in performing directed tasks, or other conduct resulting in formal complaints by patient or other staff members to designated Government representatives. Standards for conduct shall mirror those prescribed by current federal personnel regulations. Should the VA COS or designee show documented clinical problems or continual unprofessional behavior/actions with any contract physician (s), s/he may request, without cause, immediate replacement of said contract physician (s). The CO and COR shall deal with issues raised concerning Contract physician (s) conduct. The final arbiter on questions of acceptability is the CO. Contingency Plan: Continuity of care and uninterrupted operations of a Radiation Oncology Program are essential components of this contract and will be primary factors in Contractor s assignment of staff and frequency of substitutions. The Contractor shall have a contingency plan in place to be utilized if the contract physician (s) and other contract provider (s) leaves Contractor s employment or is unable to continue performance in accordance with the terms and conditions of the resulting contract VA HOURS OF OPERATION/SCHEDULING: 3.1 VA Business Hours: VA Business Hours VA Business Hours: The Medical Physicist(s) shall assist the VAPHS full-time employee at least eight (8) hours monthly to complete annual quality assurance radiation therapy equipment.  The Medical Physicist(s) shall provide full and complete on-site physics coverage on a daily basis Monday Friday, 7:00 a.m.-4:30 p.m. and as needed off tour coverage for the Radiation Therapy Service, VAPHS, University Drive, Pittsburgh, PA 3.2 The dosimetrist shall assist the VAPHS full-time employee and provide coverage for the VAPHS full-time employee. Work Schedule: For future reference in in case you want to add a section: Once the Radiation Oncology Service is open, the CTMP/TMPs/Dosimetrist may perform work after normal business hours as their calibrations and measurements must be done after patient treatments. Patients must be seen by a contract physician (s) on-site at VAPHS in a timely manner in accordance with VA Rules and Regulations on clinic wait times and consult completion. Contractor shall notify the COR at least monthly about any obstacles to meeting this performance measure. The CTMP/TMP/Dosimetrist may perform work after normal business hours as their calibrations and measurements must be done after patient treatments. However, the CTMP must be on-site during clinical operational hours at least 50% of the time. Federal Holidays: The following holidays are observed by the Department of Veterans Affairs: New Year s Day President s Day Martin Luther King s Birthday Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Christmas Any day specifically declared by the President of the United States to be a national holiday. Cancellation/Rescheduling: Unless a state of emergency has been declared, the Contractor shall be responsible for providing services. CONTRACTOR RESPONSIBILITIES SERVICES REQUIRED: 1040 hours Chief Medical Physicist and 520 hours Medical Dosimetrist to be used intermittently. Standards of Practice: The medical practice and patient care provided by Contractor shall be evidence based best practices that meet or exceed all standards of professional practice and performance measures applicable to VAPHS medical professionals, including, but not limited to, NHPP, AAPM and TJC standards and national recognized accrediting body current practice guidelines in radiation oncology. Contractor s care shall cover the range of services as would be provided in a state-of-the-art civilian medical treatment facility. Contractor shall provide evidence the Contractor s radiation oncology standard of care is of a quality that meets or exceeds currently recognized VA and nationally recognized accrediting body national standards as established by: Applicable Radiation Oncology practice guidelines and standards promulgated by ACR, ASTRO, and AAPM. The professional standards of the TJC or equivalent accreditation http://www.jointcommission.org/standards_information/hap_requirements.aspx . The requirements contained in this PWS December 19, 2012. http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=2847 MEDICAL RECORDS 4.4.1 Chief Therapeutic Medical Physicist: Each VHA facility with radiation oncology services must have a registration certificate that lists, by name, its Chief Therapeutic Medical Physicist (CTMP). These certificates, issued by NHPP, must be requested as follows. The request must describe the training, experience, and certifications of the contracted candidate. Such a request is usually sent by the Facility Director or, with permission of the Director, by the Radiation Safety Officer with concurrence from the Radiation Oncology Service or Section Chief. Qualifications required to meet this mandate include education in medical physics, at least 5 years of experience, experience with particular treatment modalities, and experience with specific equipment and software as detailed below, and board certification in medical physics. Prior to award of contract, the Contractor shall submit its potential candidate s resume/curriculum vita (CV), and with at least two (2) references letters from prior employers with firsthand knowledge of the candidate s performance, to the Contracting Office for submission to the National Radiation Oncology Program for approval as Chief Therapeutic Medical Physicist. In addition, the potential candidates shall submit a personal statement stating he/she will be available to perform these services at least 50% of the time per week during clinical hours while patients are being treated and when needed to start. The Contractor must provide a 1040as Senior Medical Physicist to serve as the CTMP to VA radiation oncology service. The CTMP will oversee all physics and dosimetry operations. To ensure the quality of the Radiation Oncology Physics Program, the Contractor s CTMP will be assigned to the VA facility, reporting on-site at least 50% of the time per week during clinical hours. Contractor s CTMP shall provide quarterly Quality Assurance reports for the Quality Assurance Committee and Radiation Safety Committee, as well as attend quarterly Radiation Safety meetings. Contractor s CTMP shall track, evaluate, and document all equipment-related quality assurance data including in-vivo dosimetry and credentialing measurements for independent 3rd party analysis. Contractor s CTMP shall also provide shielding surveys, and reports as required by the National Health Physics Program of (NHPP) VA Contractor s CTMP shall also be responsible to ensure licenses are current for radioactive sources at our site. Contractor s CTMP shall ensure Radiation Oncology Service has appropriate licenses for users of all software applications used in patient care. Contractor s CTMP shall also be responsible for ensuring continuity of medical physics operations including communication among key personnel. Contractor s CTMP shall develop, implement, supervise, and periodically review all QMP policies and procedures that pertain to radiation therapy equipment. Contractor s CTMP is responsible for the design, implementation, and periodic review of all aspects of the QMP that involve the use of radiotherapy equipment. Contractor s CTMP will oversee the technical activities of all other physicists, dosimetrists, and other staff members assigned to the unit; directs the technical aspects of treatment procedures; and performs duties qualifying them as a supervisor. Contractor s CTMP will not perform administrative oversight of federal employees. When newly published techniques or procedures are being implemented for the first time within facility, the Contractor s CTMP shall undertake a systematic literature review, make appropriate site visits, observe procedures, develop standard operating procedures, implement the technique or procedure in clinic, and supervise the training of colleagues who are not familiar with the procedure. The QMP associated with any new procedure should be periodically reviewed and updated. Contractor s CTMP shall develop policies and procedures for continuous quality improvement that involve the use of radiotherapy equipment. Contractor s CTMP shall be responsible for reporting all adverse medical events (misadministration of radiotherapy) in the clinic to NHPP and for the implementation of their follow up recommendations. Contractor s CTMP shall be responsible for reporting and periodically updating facility profile data required by the NROP and NHPP offices. Contractor s CTMP shall be responsible for coordinating electronic submission of adverse events, near misses, and good catches reports into Radiotherapy Incident Reporting and Analysis System (RIRAS) maintained by NROP Medical Physics Support: Contractor shall provide medical physics support to perform the requirements of this contract in the following manner: Contractor s Medical Physicists are primarily and professionally engaged in the design, optimization and technical evaluation of radiation treatment plans as well as ensuring precise and accurate radiation dose delivery. Contractor s Medical Physicists are responsible for radiation protection of patients and staff. The responsibilities of Contractor s Medical Physicists are defined as follows: Availability - Contractor s Medical Physicists shall be available, when necessary, for consultation with the Radiation Oncologist and to provide advice or direction to technical staff when radiation treatments are being planned or when patients are being treated. Where possible, should be present to observe and/or help supervise complicated simulations and/or treatment set-ups. Contractor s Medical Physicist must be present at the machine during patient setup for SBRT/SRS and IGRT. Calculations Contractor s Medical Physicist shall specify and monitor method(s) to calculate MUs or treatment times and ensure independent review(s) of such calculations. Any individual having appropriate training and experience as defined in this PWS may perform the initial calculation(s). Independent review of said calculation(s) shall be performed within a specified period of time. Chart Review - Contractor s Medical Physicist shall develop and maintain a method for the weekly and systematic review of the charts of all patients under radiation treatment. All methods shall be approved by the VA Chief of Staff or designee. Contractor s Medical Physicist shall perform a final chart review at the end of the course of radiation treatment in order to confirm that the prescribed dose has been delivered, and to document the total doses delivered to critical structures. All charts are subject to quality reviews by the VA Chief of staff or designee. Dosimetry - The modeling of radiation beams for either planning or documentation purposes are generally performed with the aid of a treatment planning computer system. Contractor s Medical Physicists are responsible for data input into the planning system, which should be based upon measured beam data for the radiation beams in question, and for output from the planning system(s). The output should be tested and documented on a regular periodic basis. The output should agree within the manufacturer's specifications for the treatment planning system and/or published standards such as those found in applicable AAPM Reports (https://www.aapm.org/pubs/reports/default.asp). Contractor s Medical Physicists will ensure that the treatment planning software updates and bug fixes are installed, tested, and validated in a timely manner. Contractor s Medical Physicists are responsible for understanding the calculation algorithm and should document those conditions for which the algorithm and measured data are in disagreement by more than 5%. The output of the planning system should be periodically tested by comparisons to direct measurements of the radiation beams. Contractor s Medical Physicists shall ensure that all users of the treatment planning system receive appropriate training. Equipment Contractor s Medical Physicists shall provide information on specification and selection in support of VA s acquisition of radiation-producing machines, accessories, and computerized treatment planning systems in consultation with the NROP office. Contractor s Medical Physicists shall also provide information to VA staff on timing of required maintenance of this equipment. Contractor s Medical Physicists shall periodically evaluate all equipment for continued utility, appropriateness, reliable performance, age, and condition and make recommendations to VA staff regarding practical life span, obsolescence, and replacement. Specialized Equipment: Medical Physicists shall determine the need for, specify, and have access to dosimetry and treatment planning equipment including, but not limited to, the following: Measurement instruments to calibrate all treatment equipment and patient monitoring devices. Such instruments shall include ionization chambers/electrometers used as local standards and field instruments, readout devices, constancy check instruments, and phantoms; Computerized treatment planning systems; Computerized water phantom system with appropriate ionization chambers and diodes; Film densitometry system; Patient dose monitoring systems (e.g., diodes, Thermoluminescent dosimeters, and optically stimulated luminescence dosimeters); Radiation protection measurement devices (e.g., Survey meters); Appropriate quality assurance test tools for radiation therapy equipment. Consultation: As needed, Medical Physicists shall provide advice and consultation, to VA and third-party clinical engineers, for the operation, maintenance, and troubleshooting of the VA Radiation Oncology linear accelerators and CT simulation equipment, all their relevant accessories and the computerized network interconnectivity; record and verification systems. Quality Management - Contractor s Medical Physicists shall develop and maintain a quality management program (QMP) for the dosimetry system(s) and all applications pertinent thereto. Said QMP shall define explicit evaluation criteria intended to ensure that the prescribed dose is delivered in a safe, consistent, and accurate manner. Contractor s Chief Physicist shall provide the VA Administrative Officer, Radiation Oncology Service, with annual written reports of these activities. Quality management of radiation therapy equipment is primarily an ongoing evaluation of functional performance characteristics. . New Procedures - The practice of radiation oncology often involves the implementation of new procedures and technologies, so Contractor s Medical Physicists must, in conjunction with the VA Chief, Radiation Oncology Service, define basic standards of practice and develop a reasonably prudent course of action to determine the training and quality and safety requirements of any new procedures prior to implementation thereof. In those cases where the radiation oncology physicist requires assistance, consultation with experienced colleagues and NROP office is encouraged. Annual Calibration Analysis: Contractor s Medical Physicists shall coordinate, complete OSLD measurements and submit results annually for 3rd party calibration analysis. This analysis confirms that monthly and annual calibrations are accurate and delivering radiation beam as prescribed. Network and Computer Support: Radiotherapy planning, delivery and treatment management devices require seamless networking, so Contractor s Medical Physicist must: Provide network and computer administration, including backups and updates for the SRS/SRT and IGRT systems. For IGRT the systems medical physicist will be required to provide computer support for configurations, be responsible for monitoring daily responsiveness of the departmental networking systems, Ensure proper communication between imaging/planning/treatment facilities, monitor all computer systems and patient data back-ups, and overviews and troubleshoots computer software/hardware problems, and serve as a liaison/consultant with the VAMC informatics team. Documentation Contractor s Medical Physicists shall produce and maintain documentation of the following: Calibration and periodic testing of the local standard system(s); Periodic intercomparisons (and other checks) of other dose measuring equipment; Performance characteristics of all radiation treatment units and CT simulator(s) in comparison with previous measurements and with the manufacturer's specifications; Calibration(s) of all available radiation beams; Parameterization of the characteristics of each available radiation beam with identification of all changes from previous characteristics; Periodic testing of MU and/or time calculation system(s); Input data for the radiation treatment planning system(s); Initial and all subsequent tests of the treatment planning computer system(s); Technical standards applicable to new procedures and the results obtained in ensuring that any new procedure meets associated standards for the new procedure; Activities of the facility/practice safety program(s); Periodic reports to the VA Chief, Radiation Oncology Service of radiation oncology and to the practice/facility administration describing the performance of the radiation therapy CT simulator(s), treatment unit(s), dosimetry system(s) and applications thereof; All reports which pertain to the safe and accurate operation of the radiation therapy CT simulator(s), treatment unit(s), dosimetry system(s) and applications thereof. Medical Dosimetry Support: Contractor s Medical Dosimetrist: shall carry out medical dosimetry functions with certified Medical Dosimetrist. Certification by the Medical Dosimetrist Certification Board and shall receive technical direction from the VA Radiation Oncologist and/or Contractor s Medical Physicist. Alternatively, medical dosimetry functions may be carried out by a Medical Physicist or supervised designee. In either case, the Contractor s Medical Physicist shall oversee the medical dosimetry functions of the Radiation Oncology Service, functions as a technical supervisor of medical dosimetry services and oversee medical dosimetry quality assurance activities. shall perform, in conjunction with the Contractor s Medical Physicist, treatment planning for SRS/SRT, HDR brachytherapy, IMRT, IGRT, and LDR brachytherapy. The Dosimetrist shall be present during patient treatment for HDR brachytherapy. The Dosimetrist shall also provide backup coverage during volume study procedures for LDR brachytherapy. shall design treatment plans by means of computer and/or manual computation that will deliver a prescribed radiation dose and field placement technique in accordance with the VA Radiation Oncologist prescription to a defined tumor volume. shall consider dose-limiting structures in the design of treatment plans and document dose in accordance with VA Radiation Oncologist prescription. shall assist with treatment simulations and tumor localization on dedicated devices, including computer tomography and MRI, when indicated, for radiation therapy treatment planning. shall assist in planning and oversee fabrication of compensating filters, custom shields, wedges, and other beam modifying devices. shall assist in the planning, oversee, and supervise production of molds, casts, and other immobilization devices. shall assist radiation therapy staff in the implementation of the treatment plan including the correct use of immobilization devices, compensators, wedges, field arrangements, and any treatment variable associated with treatment planning implementation. shall perform calculation methods for the delivery of prescribed dose, and subsequent documentation in patient files, and verification of the mathematical accuracy of all calculations using a system established by the Contractor s Medical Physicist. shall provide dosimetry and technical support to Contractor s Medical Physicist, in radiation protection, qualitative and quantitative machine calibration, and quality assurance of the radiation therapy equipment. Assist in the application of specific methods of dosimetry, including ion chamber, TLD, OSLD, or film measurements as directed by the Contractor s Medical Physicist. ADMINISTRATIVE: 20% of time not involved in direct patient care Contractor s staff shall attend service staff meetings (Service Quality Assurance Meetings, chart rounds, peer review conferences, Radiation Safety Committee (CTMP) as required by the VA Chief, Radiation Oncology Service, COS, or designee. Contractor to communicate with COR on this requirement and report any conflicts that may interfere with compliance with this requirement. Contractor is responsible for assisting in a protected peer review program in compliance with The Joint Commission and practice standards promulgated by ACR, ASTRO, and AAPM and to maintain documentation of appropriate peer review statistics as needed for quality management and credentialing. Patient Safety: Patient safety incidents must be reported within 24 hours using Patient Safety Report. As soon as practicable (but within 24 hours) Contractors shall notify COR of incident and submit to the COR the Patient Safety Report, following up with COR as required or requested. Adverse events will be reported to the VA Quality & Patient Safety Office to the Patient Safety Manager or Patient Safety Coordinator and entered into the Patient Safety Reporting System, as outlined in the National Center for Patient Safety Handbook (http://www.va.gov/ncps/Pubs/NCPShb.doc). Adverse events will be scored utilizing the Safety Assessment Code for determination of the need for conducting a Root Cause Analysis (RCA). Report adverse events to Lead Patient Safety Manager at 412-360-1858 or if unavailable, contact Patient Safety Coordinator at 412-360-6868. The contractor will ensure reporting of all untoward incidents, near misses, good catches related to patient treatment in the NROP provided Web-based Radiotherapy Incident Reporting and Analysis System. The Contractors shall report all incidents involving radioactive material to the NHPP and NRC in accordance with National Radiation Safety Committee SOP #5: National Health Physics Program (NHPP) Incident Response Procedure and NRC Reporting Requirements (10 CFR 20, 21, 30, 35). Adverse drug reactions, allergies, and adverse drug events should be appropriately and promptly entered into CPRS. http://nhpp.med.va.gov/NHPP_Procedures.asp The Government reserves the right to refuse acceptance of any Contractor personnel at any time after performance begins, if personal or professional conduct jeopardizes patient care or interferes with the regular and ordinary operation of the facility. Breaches of conduct include intoxication or debilitation resulting from drug use, theft, patient abuse, dereliction, or negligence in performing directed tasks, or other conduct resulting in formal complaints by patient or other staff members to designated Government representatives. Standards for conduct shall mirror those prescribed by current federal personnel regulations. The CO and COR shall deal with issues raised concerning Contractor s conduct. The final arbiter on questions of acceptability is the CO. The CO shall resolve complaints concerning Contractor relations with the Government employees or patients. The CO is final authority on validating complaints. In the event that The Contractor is involved and named in a validated patient complaint, the Government reserves the right to refuse acceptance of the services of such personnel. This does not preclude refusal in the event of incidents involving physical or verbal abuse. REQUIRED REGISTRATION WITH CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS) As prescribed in Federal Acquisition Regulation (FAR) Part 42.15, the Department of Veterans Affairs (VA) evaluates Contractor past performance on all contracts that exceed $150,000 and shares those evaluations with other Federal Government contract specialists and procurement officials. The FAR requires that the Contractor be provided an opportunity to comment on past performance evaluations prior to each report closing. To fulfill this requirement VA uses an online database, CPARS, which is maintained by the Naval Seal Logistics Center in Portsmouth, New Hampshire. CPARS has connectivity with the Past Performance Information Retrieval System (PPIRS) database, which is available to all Federal agencies. PPIRS is the system used to collect and retrieve performance assessment reports used in source selection determinations and completed CPARS report cards transferred to PPIRS. CPARS also includes access to the federal awardee performance and integrity information system (FAPIIS). FAPIIS is a web-enabled application accessed via CPARS for Contractor responsibility determination information. Each Contractor whose contract award is estimated to exceed $150,000 is required to register with CPARS database at the following web address: www.cpars.csd.disa.mil. Help in registering can be obtained by contacting Customer Support Desk @ DSN: 684-1690 or COMM: 207-438-1690. Registration should occur no later than thirty days after contract award and must be kept current should there be any change to the Contractor s registered representative. For contracts with a period of one year or less, the contracting officer will perform a single evaluation when the contract is complete. For contracts exceeding one year, the contracting officer will evaluate the Contractor s performance annually. Interim reports will be filed each year until the last year of the contract, when the final report will be completed. The report shall be assigned in CPARS to the Contractor s designated representative for comment. The Contractor representative will have thirty days to submit any comments and re-assign the report to the CO. Failure to have a current registration with the CPARS database, or to re-assign the report to the CO within those thirty days, will result in the Government s evaluation being placed on file in the database with a statement that the Contractor failed to respond. GOVERNMENT RESPONSIBILITIES: VA Support Personnel, Services or Equipment: CPRS TRAINING: COR will arrange, and government will provide appropriate opportunity for Contractor staff to take CPRS training. Contract Administration/Performance Monitoring: After award of contract, all inquiries and correspondence relative to the administration of the contract shall be addressed to: (enter contract administration if not already listed in another area- list the title (not name) and contact information for COR, Clinical point of contact, and any other relevant personnel involved). CO Responsibilities: CO - Derek Chuff/Altoona VAMC/814-943-8164 The CO is the only person authorized to approve changes or modify any of the requirements of this contract. The Contractor shall communicate with the CO on all matters pertaining to contract administration. Only the CO is authorized to make commitments or issue any modification to include (but not limited to) terms affecting price, quantity, or quality of performance of this contract. The CO shall resolve complaints concerning Contractor s provider relations with the Government employees or patients. The CO is final authority on validating complaints. In the event the Contractor effects any such change at the direction of any person other than the CO without authority, no adjustment shall be made in the contract price to cover an increase in costs incurred as a result thereof. In the event that contracted services do not meet quality and/or safety expectations, the best remedy will be implemented, to include but not limited to a targeted and time limited performance improvement plan; increased monitoring of the contracted services; consultation or training for the contract staff to be provided by the VA; replacement of the contract staff and/or renegotiation of the contract terms or termination of the contract. COR Responsibilities: CO - Veronica Gamble/Pittsburgh VAMC/412-360-3276 The COR shall be the VA official responsible for verifying contract compliance. After contract award, any incidents of Contractor noncompliance as evidenced by the monitoring procedures shall be forwarded immediately to the Contracting Officer. The COR will be responsible for monitoring the Contractor s performance to ensure all specifications and requirements are fulfilled. Quality Improvement data that will be collected for ongoing monitoring includes but is not limited to enter data that may be collected. The COR will maintain a record-keeping system of services by__IPPS(enter what method of record keeping will be used). The COR will review this data monthly when invoices are received and certify all invoices for payment by comparing the hours documented on the VA record-keeping system and those on the invoices. Any evidence of the Contractor's non-compliance as evidenced by the monitoring procedures shall be forwarded immediately to the Contracting Officer. The COR will review and certify monthly invoices for payment. If in the event the Contractor fails to provide the services in this contract, payments will be adjusted to compensate the Government for the difference. All contract administration functions will be retained by the VA. SPECIAL CONTRACT REQUIREMENTS Reports: The Contractor shall be responsible for complying with all reporting requirements established by the Contract. Contractor shall be responsible for assuring the accuracy and completeness of all reports and other documents as well as the timely submission of each. Contractor shall comply with contract requirements regarding the appropriate reporting formats, instructions, submission timetables, and technical assistance as required. The following are brief descriptions of required documents that must be submitted by Contractor: upon award; weekly; monthly; quarterly ; annually, etc. identified throughout the PWS and are provided here as a guide for Contractor convenience. If an item is within the PWS and not listed here, the Contractor remains responsible for the delivery of the item. What Submit as noted Submit To Copies of all board certifications, licenses, to include primary source verification of all licensed and certified staff Upon proposal and upon renewal of licenses and upon renewal of option periods. COR, Contracting Officer Certification that staff list has been compared to OIG list Upon proposal and upon new hires. Contracting Officer Proof of Indemnification and Medical Liability Insurance Upon proposal and upon renewals. COR, Contracting Officer Certificates of Completion for Cyber Security and Patient Privacy Training Courses Before receiving an account on VA Network and annual training and new hires. COR, Contracting Officer ACLS/BLS Certification Upon award and every two years after award. COR Medical physicist report evaluating equipment performance for proper working order Quarterly COR Reporting results of performance improvement activities to the VA Radiation Oncology Quality Assurance Committee Quarterly COR Billing: Professional services invoiced under contract shall be provided by attending physicians and not by residents. The Contractor shall certify in writing that the service was provided by an attending physician prior to VA processing payment. Invoice requirements and supporting documentation: Supporting documentation and invoice must be submitted no later than the 20th workday of the month. Subsequent changes or corrections shall be submitted by separate invoice. In addition to information required for submission of a proper invoice in accordance with FAR 52.212-4 (g), all invoices must include: Name and Address of Contractor Invoice Date and Invoice Number Contract Number and Purchase/Task Order Number Date of Service Contract Physicist (s) Hourly Rate Quantity of hours worked Total price Vendor Electronic Invoice Submission Methods- Facsimile, e-mail, and scanned documents are not acceptable forms of submission for payment requests. Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods below: Vendor Electronic Invoice Submission Methods: Invoices will be electronically submitted to the Tungsten website at http://www.tungstennetwork.com/uk/en/ Tungsten direct vendor support number is 877-489-6135 for VA contracts. The VA-FSC pays all associated transaction fees for VA orders. During Implementation (technical set-up) Tungsten will confirm your Tax Payer ID Number with the VA-FSC. This process can take up to 5 business days to complete to ensure your invoice is automatically routed to your Certifying Official for approval and payment. In order to successfully submit an invoice to VA-FSC please review How to Create an Invoice within the how to guides. All invoices submitted through Tungsten to the VA-FSC should mirror your current submission of Invoice, with the following items required. Clarification of additional requirements should be confirmed with your Certifying Official (your CO or buyer). The VA-FSC requires specific information in compliance with the Prompt Pay Act and Business Requirements. For additional information, please contact: Tungsten Support Phone: 1-877-489-6135 Website: http://www.tungsten-network.com/uk/en/ Department of Veterans Affairs Financial Service Center Phone: 1-877-353-9791 Email: vafscched@va.gov Payment Adjustments/Performance Related Payment Deductions: Invoices will be prorated for partial days/hours worked. The contractor shall be paid only for actual work performed onsite/remotely Contract providers shall be responsible for reporting time worked accurately. The Contract shall be paid for actual hours performed. The contract shall be adjusted in accordance with actual performance. Performance Deductions: If the contractor fails to meet the Acceptable Quality Level on any performance measure that references a deduction as a disincentive, the following method for calculating and applying the deduction shall be employed: Payments in full/no billing VA beneficiaries: The Contractor shall accept payment for services rendered under this contract as payment in full. VA beneficiaries shall not under any circumstances be charged nor their insurance companies charged for services rendered by the Contractor, even if VA does not pay for those services. This provision shall survive the termination or ending of the contract. To the extent that the Veteran desires services which are not a VA benefit or covered under the terms of this contract, the Contractor must notify the Veteran that there will be a charge for such service and that the VA will not be responsible for payment. The Contractor shall not bill, charge, collect a deposit from, seek compensation, remuneration, or reimbursement from, or have any recourse against, any person or entity other than VA for services provided pursuant to this contract. It shall be considered fraudulent for the Contractor to bill other third-party insurance sources (including Medicare) for services rendered to Veteran enrollees under this contract. Contractor Security Requirements (Handbook 6500.6) VA Information Custodial Language:. 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 - General, FAR 52.227-14(d) (1).
