RFP_17-258-SOL-00002.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

OAMP

5600 Fishers Lane, Room 14W26B Management and Policy Office of Acquisition

HHS/HRSA/OO/OAMP

CODE 16. ADMINISTERED BYCODE

X

X

623110

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED OROAMP

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

12/19/2016 1000 ET

11/18/2016

301-443-5592JENNIFER LOHMEIER

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

17-258-SOL-00002

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 75 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

Rockville MD 20857

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

Rockville MD 20857 5600 Fishers Lane, Rm 14W26B Management and Policy Office of Acquisition

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$27.50

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

HHS/HRSA/OO/OAMP

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

THIS IS A COMBINED SYNOPSIS/SOLICITATION FOR

COMMERCIAL ITEMS PREPARED IN ACCORDANCE WITH THE

FORMAT IN SUBPART 12.6, AS SUPPLEMENTED WITH

ADDITIONAL INFORMATION INCLUDED IN THIS NOTICE.

THIS ANNOUNCEMENT CONSTITUTES THE ONLY

SOLICITATION; PROPOSALS ARE BEING REQUESTED AND A

WRITTEN SOLICITATION WILL NOT BE ISSUED.

This is a Firm Fixed Price Requirement.

Period of Performance: 03/01/2017 to 02/28/2022 Continued ...

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

JUN JI

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDEND

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

1 The Contractor shall provide Long-Term Nursing

Home Care Services and Facilities in accordance with the Statement of Work (SOW) and the terms and conditions included herein.

Base Period

Period of Performance: 03/01/2017 to 02/28/2018

2 The Contractor shall provide Long-Term Nursing

Home Care Services and Facilities in accordance with the Statement of Work (SOW) and the terms and conditions included herein.

Option Period I

(Option Line Item)

02/20/2018

Period of Performance: 03/01/2018 to 02/28/2019

3 The Contractor shall provide Long-Term Nursing

Home Care Services and Facilities in accordance with the Statement of Work (SOW) and the terms and conditions included herein.

Option Period II

(Option Line Item)

02/19/2019

Period of Performance: 03/01/2019 to 02/29/2020

4 The Contractor shall provide Long-Term Nursing

Home Care Services and Facilities in accordance with the Statement of Work (SOW) and the terms

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

75 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 75

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

17-258-SOL-00002

and conditions included herein.

Option Period III

(Option Line Item)

02/20/2020

Period of Performance: 03/01/2020 to 02/28/2021

5 The Contractor shall provide Long-Term Nursing

Home Care Services and Facilities in accordance with the Statement of Work (SOW) and the terms and conditions included herein.

Option Period IV

(Option Line Item)

02/20/2021

Period of Performance: 03/01/2021 to 02/28/2022

Attachments:

Attachment A - Statement of Work

Attachment B - CPARS Information

Attachment C - Past Performance Questionnaire

Attachment D - Subcontracting Plan Form

Appendix A - Medical Authorization Form

Appendix B - Patient Medical Appointments

Appendix C - Change in Health Status Report

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

Request for Proposal (RFP) No. 17-258-SOL-00002; Title: Long-term Nursing Home Care

SECTION A – STANDARD FORM (SF) 1449

This page is left blank intentionally.

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 Purpose of Contract

The purpose of this requirement is to procure long-term nursing home care services and facilities in the Baton Rouge, Louisiana metropolitan area. The patient ages range from 79 to 92 years.

The contractor shall have a minimum of three years of experience caring for patients who have stigmatizing illnesses.

B.2 Compensation Cost/Price

1. In consideration of the satisfactory performance of the services and tasks detailed in Section J–Attachment A-Statement of Work, the Contractor shall be compensated in accordance with the following amounts:

a) Base Period (12 Month Period of Performance; Dates to be determined at time of award.)

The price to the Government for full performance of the base period under this contract will be $___________.

b) Option Period One (12 Month Period of Performance; Dates to be determined at time of award.)

The price to the Government for full performance of Option Period One, if exercised, under this contract will be $___________.

c) Option Period Two (12 Month Period of Performance; Dates to be determined at time

The price to the Government for full performance of Option Period Two, if exercised,

d) Option Period Three (12 Month Period of Performance; Dates to be determined at time of award.)

The price to the Government for full performance of Option Period Three, if exercised, under this contract will be $___________.

e) Option Period Four (12 Month Period of Performance; Dates to be determined at time

The price to the Government for full performance of Option Period Four, if exercised,

2. The total price for the Base Period and the four options periods is _________________.

SECTION C – DESCRIPTION/SPECIFICATIONS/ STATEMENT OF WORK

C.1 Statement of Work

Independently and not as an agent of the Government, the Contractor shall furnish all personnel, material, facilities, services, and equipment as needed to perform the Statement of Work set forth in Section J (Attachment A) attached hereto and made part of this document.

C.2 Incorporation of Contractor’s Proposal

It is understood and agreed that the Contractor shall, in meeting the requirements of this contract, perform the work in accordance with the Contractor’s proposal to the Health Resources and Services Administration originally dated ______________ and revised ___________, provided however, that to the extent that any clauses of the articles of this contract are in conflict or inconsistent with any clauses of said proposal, the provisions of the articles of this contract shall control and shall supersede the provisions of said proposal; therefore, the contractor’s proposal is hereby incorporated into the resultant contract.

SECTION D – PACKAGING AND MARKING

This page is left blank intentionally.

SECTION E – INSPECTION AND ACCEPTANCE

E.1 Inspection and Acceptance

The Contracting Officer Representative (COR), as a duly authorized representative of the Contracting Officer, shall assume the responsibilities for monitoring the contractor’s performance, evaluating the quality of services provided by the contractor and performing final inspection and acceptance of all deliverables.

E.2 Quality Assurance

The Federal Government reserves the right to obtain and review working papers from the contractor for the period beginning with the effective date of the contract through its termination.

These reviews shall be conducted at the Federal Government’s discretion at either the contractor’s site or at an appropriate Federal Government facility. When reviewed at a Federal Government facility, the working papers will be sent by the contractor to the Federal Government for review and evaluation by Federal Government personnel. After completion of the review, the Federal Government may hold a conference with the contractor to discuss any issues. The Federal Government may choose to visit contractor or subcontractor site(s) during the audit to assess performance.

The Federal Government reserves the right to obtain and review all working papers associated with the contractors internal quality control program. These reviews shall be conducted at an appropriate Federal Government facility, the working papers will be sent by the contractor to the Federal Government for review and evaluation by Federal Government personnel. After completion of the review, the Federal Government may hold a conference with the contractor to discuss any issues. The Federal Government may choose to visit contractor or subcontractor site(s) during the review to assess performance.

The contractor shall provide the COR with copies of all state and federal agency reports upon request, and cooperate fully with quality improvement functions relating to this contract.

The COR, physicians of the residents under this contract, and ancillary NHDP personnel shall have access to monitor care of the residents under this contract 24-hours per day, 365 days per year. The COR, physicians of the residents under this contract, and ancillary NHDP personnel shall conduct site visits to the facility to ensure continuity of care. These site visits shall not substitute nor relieve the contractor of their responsibility for the daily care and medical treatments of the residents under this contract. The COR will monitor the professional care and administrative management of services provided to residents under this contract, through one or more of the following methods:

• Review of state agencies reports.

• Announced and unannounced site visits.

• Random telephone calls to the nursing unit to inquire about staffing plan and residents under this contract.

• On-site facility inspections.

• In person or telephonic meetings with the contractor’s point of contract.

• Review of medical records of residents under this contract.

The Contracting Officer shall make all final determinations as to the contractor’s compliance with this contract’s requirements.

E.3 52.246-4 -- Inspection of Services – Fixed Price (AUG 1996)

SECTION F – DELIVERIES OR PERFORMANCE

F.1 Observance of Federal Holidays

Federal Holidays New Year’s Day January 1st Martin Luther King’s Birthday 3rd Monday in January Washington’s Birthday 3rd Monday in February Memorial Day Last Monday in May Independence Day July 4th Labor Day 1st Monday in September Columbus Day 2nd Monday in October Veterans’ Day November 11th Thanksgiving Day 4th Thursday in November Christmas Day December 25th

F.2 Period of Performance

The period of performance shall be a base period of twelve months and four (4) twelve-month option periods. The period of performance under this contract shall commence with the effective date of the contract (EDOC).

F.3 Place of Performance

The facility shall be located within 15 miles of the NHDP, 1770 Physicians Park Drive, Baton Rouge, Louisiana (address to be specified at time of contract award) and shall include nine private, contiguous rooms, and a public space shall be provided within a single facility for nine residents who are under the care of NHDP.

F.4 Schedule of Deliverables

The contractor shall submit the following deliverables as identified in the tasks listed in the SOW and in the quantities stipulated and during the periods listed below.

Schedule of Reports, Invoices, and Deliverables Item Quantity Due Date Place to Report

Resident change in health status report, Task 3

Daily by written or verbal report.

No later than 2:00 P.M.

(Central Time) daily, or earlier depending on the severity of the health status event.

Send to:

National Hansen’s Disease Programs ATTN: COR, HD Long Term Care 1770 Physicians Park Drive Baton Rouge, LA. 70806

Number of authorizations for medical appointments report, Task 4

Once per month, 12 per 12 month period of performance.

Submit by the 5th of each month.

Send to:

National Hansen’s Disease Programs ATTN: COR, HD Long Term Care 1770 Physicians Park Drive Baton Rouge, LA. 70806

List of designated care givers and relief staff, Key Personnel.

Varies

Within 10 days of contract award and immediately when there are changes in caregivers

Send to:

National Hansen’s Disease Programs ATTN: COR, HD Long Term Care 1770 Physicians Park Drive Baton Rouge, LA. 70806

Medical records, confidentiality and maintenance of patient records.

(See Section H.4)

Varies

Within 30 days 1) expiration of this contract, or 2) discharge or death of a resident.

Send to:

National Hansen’s Disease Programs ATTN: COR, HD Long Term Care 1770 Physicians Park Drive Baton Rouge, LA. 70806

Invoices/Vouchers (See Section G.4)

12 per 12 month period of performance.

Submitted after each month of contract performance.

Send to:

National Hansen’s Disease Programs ATTN: Finance Department 1770 Physicians Park Drive Baton Rouge, LA. 70806

Reporting Requirements and Deliverables

1. The contractor shall submit the items in quantities and during the time periods indicated above to the following email address:

Mary Dudley, COR National Hansen’s Disease Programs 1770 Physicians Park Drive Baton Rouge, LA. 70806

Phone Number: 225-756-3718 Email: MDudley@hrsa.gov

2. All deliverable reports shall include a cover page with the following information:

a. Contract Number

b. Deliverable Item Number

c. Deliverable Item Delivery Due Date

d. Date of Submission

3. All reports and documents shall have, at a minimum in the document header, the contract number, and the COR’s name. All reports and documents shall have, at a minimum in the document footer, the author in the lower left corner, the page # of total # of pages in the center bottom of the page, and the date and/or version of the document (not the auto date) in the lower right corner.

4. All deliverable items are to be separate physical entities.

5. All deliverables are subject to the review and approval of the COR.

F.5 52.242-15 Stop Work Order (Aug 1989) mailto:MDudley@hrsa.gov

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 Designation of Contracting Officer Representative (COR)

The person identified below is hereby designated as the Contracting Officer Representative (COR) for this contract. The responsibility of the COR is to ensure that the Government’s technical objectives are met. To this end, the COR will provide necessary information, direction, coordination, etc., within the contractual work description. Issuance of changes which affect the articles, terms, or conditions of this contract will be accomplished through the Contracting Officer who is the only party authorized to bind the Government to contract:

Mary Dudley National Hansen’s Disease Programs 1770 Physicians Park Drive Baton Rouge, LA. 70806

Phone Number: 225-756-3718 Email: MDudley@hrsa.gov

G.2 Contracting Officer’s Representative’s Responsibility

Technical Direction – The COR will provide the necessary information, direction, and coordination within the confines of the existing contractual work description in order for the contract to have a successful outcome for the government.

This includes providing technical direction to the Contractor to guide the contract effort in order to accomplish the contractual statement of work. This may include providing information to the Contractor for assistance in the interpretation of government provided information, specifications or technical portions of the work description, and where required by the contract, review and approval of product deliverables of the Contractor to the Government under the contract. Only the Contracting Officer has the authority to make a formal change to the contract.

G.3 Restrictions on the Contracting Officer’s Representative’s Authority

Direction given by the COR to the Contractor must be within the parameters of the Statement of Work as stated in the Contract.

The COR may not issue any direction to the Contractor that:

1. Solicits a proposal, OR

2. Constitutes an assignment of additional work outside the Statement of Work of this

Contract, OR

3. In any manner causes an increase in the total contract cost or the time required for contract performance, OR mailto:MDudley@hrsa.gov

4. Changes any of the express terms, conditions, or specifications of the Contract (i.e., changes in the cost or scope of work, instructions to start or stop work, approval of any actions that will result in additional charges to the government).

Issuance of changes that affect the articles, terms, or conditions of this Contract will be accomplished through the Contracting Officer, who is the only party authorized to bind the Government to contract and the only party who can determine if a direction is within the Statement of Work.

G.4 Submission of Invoices and Place of Payment

• Invoice/Vouchers

Receiving payment under this contract:

You must be able to accept electronic payments and you must be registered in the System for Award Management (SAM) database (http://www.sam.gov). Your DUNS number and banking information must be current. Keep in mind that you must make changes in SAM if your bank merges with another bank or you change banks. You are responsible for updating the data in the SAM database and for re-registering before your expiration date.

SAM will notify users by e-mail that their file is due to expire beginning 60 days prior to expiration, then 30 days and finally 15 days before expiration.

Submitting Request for Payment:

The contractor shall submit payment requests to the below address using Standard Form 1034, Public Voucher for Purchases and Services Other Than Personal. Supporting documentation necessary to substantiate your request may be submitted along with the SF 1034. Attached for your convenience is a SF 1034.

Mail Invoices To:

National Hansen’s Disease Programs Attention: Finance Department

Baton Rouge, LA. 70816

Submit the SF 1034 and all supporting documentation. An electronic copy of the SF1034 in PDF format may be found at www.gsa.gov/portal/forms/download/115462.

Complete the SF 1034 following the directions below:

• In block entitled, Voucher No., enter the number of the voucher.

• In block entitled, U.S. Department, Bureau or Establishment and Location enter:

Contracting Office

Baton Rouge, LA 70816

• In the block entitled, Date Voucher Prepared, enter the date the voucher is prepared.

• In the block entitled, Contract Number and Date, enter the contract number under which reimbursement is claimed and the date the contract was signed. If billing for work done under a task order or BPA call, enter the contract number or Blanket Purchase Agreement number against which the order or call was issued.

If you are simply billing for deliverables under a Purchase Order, leave this block blank and enter the order number in the block entitled, Number and Date of Order.

• In the block entitled, Requisition Number and Date, leave blank.

• In the block entitled, Payee’s Name and Address, enter the name and address as it appears on the contract. In the case of assignment of claims, also supply the remit to address of the organization to which payments are assigned. Enter the DUNS number in this block.

• In the block entitled, Number and Date of Order, enter the number and date of the

Purchase Order, task order or BPA call number.

• In the block entitled, Date of Delivery or Service, if billing monthly, enter the specific month/year that the cost were incurred. If billing for a period other than monthly, enter the beginning and ending dates of the cost incurrence period.

• In the block entitled, Articles or Services, enter a description of the articles or service provided. If additional space is needed, provide in an attachment. Include the signed statement, “I certify that all payments requested are for appropriate purposes and in accordance with the contract.”

• In blocks entitled, Amount and Total, enter the total dollar amount claimed for this billing.

Vouchers without all required information will be denied until the proper information is submitted.

Inquiries:

Regarding payment, contact the Accounts Payable Section:

Attention: Finance Department 1770 Physicians Park Drive Baton Rouge, LA 70816 Telephone: 225-756-3811 Fax: 225-756-3806

G.5 Electronic Funds Transfer

The Contractor shall designate a financial institution for receipt of electronic funds transfer payments and it shall be reported in Systems for Award Management (SAM) and shall be submitted in writing to the finance office set forth in Section G.5.6. All data stored in the CCR and ORCA has been transferred to the new Systems for Award Management (SAM) and can be found at www.sam.gov. Contractors are encouraged to periodically review their file for accuracy and are required to re-reregister before their expiration date, which is the same date as their CCR expiration date. SAM will notify users by e-mail that their file is due to expire beginning 60 days prior to expiration, then 30 days and finally 15 days before expiration. Directions on how to navigate SAM can be found on the site’s Home Page by clicking Help in the navigation bar at the top of the page.

G.6 Evaluation of Contractor’s Performance

Interim and final evaluation of Contractor performance on this contract shall be conducted in accordance with FAR Subpart 42.15, and HHSAR 342.7001(d). Upon contract completion, a final evaluation of the Contractor’s performance shall be completed by the Government; see Section J, Attachment B.

The Government will conduct an evaluation of Contractor’s performance based on the completion of the tasks stated in the SOW. HRSA documents contractor performance using the Contractor Performance Assessment Rating System (CPARS) (www.cpars.gov). The evaluation shall be conducted by the COR and be comprised of an evaluation of contractor performance completed by the Contractor and Federal staff, and a review of progress reports and financial reports (deliverables).

http://www.sam.gov/

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 Rights in Data

The Contractor will be prohibited from copyrighting, publishing or disseminating information resulting from work performed under this contract, and/or, using data produced or obtained under this contract, and/or any other information or products provided by the Government, or which the Contractor develops, for any purpose other than performance under this contract without prior written approval from the Contracting Officer.

Ownership of Documents, Materials and Records: All documents, materials (including any computer code) or records provided to the Contractor, developed or maintained by the Contractor in the performance of this contract are deemed to be property of the Government.

H.2 Limited Use of Data

Performance of this effort may require the Contractor to access and use data and information proprietary to a Government agency or Government Contractor which is of such a nature that its dissemination or use, other than in performance of this effort, would be adverse to the interests of the Government and/or others.

Contractor and/or Contractor personnel shall not divulge or release data or information developed or obtained in performance of this effort, until made public by the Government, except to authorize Government personnel or upon written approval of the Contracting Officer (CO). The Contractor shall not use, disclose, or reproduce proprietary data that bears a restrictive legend, other than as required in the performance of this effort. Nothing herein shall preclude the use of any data independently acquired by the Contractor without such limitations or prohibit an agreement at no cost to the Government between the Contractor and the data owner which provides for greater rights to the Contractor.

H.3 Disclosure of Information

Information made available to the Contractor by the Government for the performance or administration of this effort shall be used only for those purposes and shall not be used in any other way without the written agreement of the Contracting Officer.

The Contractor agrees to assume responsibility for protecting the confidentiality of Government records, which are not public information. Each Contractor or employee of the Contractor to whom information may be made available or disclosed shall be notified in writing by the Contractor that such information may be disclosed only for a purpose and to the extent authorized herein.

H.4 Confidentiality and Maintenance of Patient Records

The contractor shall be Health Insurance Portability and Accountability Act (HIPAA) and Privacy Act of 1973 compliant. Failure to comply with statutes regarding confidentiality and security of patient health information/individually identifiable information may result in financial sanctions.

The contractor shall retain confidentiality of patient names, patient conditions and other treatment of patient treated at the place of performance. Disclosure of patient information shall only occur with the prior consent of the patient and Federal Government and shall only be made to another provider of healthcare treating the patient or a Federal Government Official with a need to know. If the contractor is unsure regarding disclosure, the COR will provide guidance.

The contractor shall be responsible to apprise all of their contractor personnel who perform services under this contract of their responsibility to maintain confidentiality of patient information as well as other patient rights.

The contractor is bound by Title 38 U.S.C. 7332 in its handling of patient records and information it receives that are subject to that statute. The contractor shall institute appropriate procedures for safeguarding of patient records and information, and shall resist judicial proceedings and efforts made by others to obtain access to patient records and information that is not otherwise reasonable under Title 38 U.S.C. 7332.

The contractor shall ensure the confidentiality and security of all patient information and shall be held liable in the event of breach of confidentiality. The contractor shall comply with the provisions of the Privacy Act (5 USC 522a), Confidentiality of Drug Abuse, Alcohol Abuse, Sickle Cell Anemia and HIV/AIDS Treatment Records (38 USC 7332 and 38 USC 4132) and Confidentiality of Medical Quality Assurance Records (38 USC 5705 and 38 USC 3305). The contractor shall comply with all confidentiality and security statutes.

In addition, all patient charts and records transported with the patient are confidential and limited to a "need to know" basis for the contractor’s personnel. Appropriate administrative and medical information will be provided to the contractor for patient transport. If the medical record is transported with the patient, it may be used as a source of information if the situation warrants.

In all other instances, all documents will remain intact and secured.

The contractor shall maintain the medical records of the residents under this contract in accordance with accepted professional standards and practices. The records shall be complete and accurate, readily accessible, and systematically organized to facilitate retrieving and compiling information. At the expiration of this contract or discharge or death of a resident under this contract, copies of medical records shall be provided to the COR on electronic media in a portable document format (PDF), within 30 days. If the contractor elects to provide paper medical records, the Federal Government shall not incur additional charges.

H.5 Homeland Security Presidential Directive-12

To perform the work specified herein the Contractor personnel may require access to sensitive data, regular access to HHS-controlled facilities and/or access to HHS information systems, the Government may require that this effort entail a background investigation.

• Upon receipt of the Government’s notification of applicable Suitability Background Investigation required, the Contractor shall complete and submit required forms within 30 days of the notification. Additional submission instructions can be found at the NCI Information Technology Security Policies, Background Investigation Process:

(http://ais.nci.nih.gov/).

• The Contractor shall submit a roster, by name, position and responsibility, of all staff working under the contract. The roster shall be submitted to the Contracting Officer Representative (COR), with a copy to the HRSA Division of Workforce Management and Contracting Officer, within 14 days of the effective date of the contract. Any revisions to the roster as a result of staffing changes shall be submitted within fifteen (15) calendar days of the change. The COR will submit the list to the HRSA Personnel Security Officer for determination of the appropriate level of suitability investigations to be performed.

Contractors should ensure that the employees whose names they submit have a reasonable chance for approval. While delays in performance caused by successful investigations will be the Government's responsibility, delays associated with rejections will be the Contractor's responsibility. Typically, the Government conducts investigations and checks at no cost to the Contractor. Multiple investigations for the same position, whether- resulting from rejections or resulting from an employee's move to another position(s) or company, may at the Contracting Officer's discretion, justify reductions(s) in the contract coat of no more than the cost of the extra investigation.

H.6 Protection of Personally Identifiable Information (PII)

The contractor shall comply with the Privacy Act clause within the contract, HHSAR 352.224-

70. The Health Resources and Services Administration (HRSA) and its Bureaus/Offices are committed to protecting privacy. As a result, emails containing personally identifiable information (PII) should be sent and received in a secure manner.

PII sent and received internally among HRSA employees (including contractors) must be sent and received in a secure and confidential manner (for example, using encryption to protect data and/or attachments). Encryption helps to ensure that the data is not compromised during transmission. To aid in this effort, we recommend the following options to transmit PII in a secure manner; SecureZip. SecureZip ensures that sensitive data kept in file, folder, or email format is protected while the data is in transit or at rest. It combines Zip compression and encryption to deliver more secure method of transmitting PII via email. If you do not have SecureZip, please contact the HRSA Helpdesk to request a copy of the software to be installed on your computer.

Secure Email File Transfer (SEFT), National Institutes of Health (NIH) Secure Email and File Transfer Service is a service that allows HRSA users to send and receive emails securely on a secure socket layer (SSL)/encrypted connection. Use of this service will help protect the data from loss and compromise during transmission. The link to use SEFT is https://securemail.nih.gov/bds/Login.do. You may need to register with NIH in order to use

SEFT.

Alternately, communications may be faxed to our secure fax at 225-756-3808. If you have any questions, please contact the COR.

The contractor shall ensure the confidentiality of the record under HIPAA as it relates to the release of medical information.

H.7 Non-Discrimination

The contractor shall make no distinctions among patients under this contract on the basis of race, creed, nor national origin. For the purpose of this contract, distinctions on the ground of race, color, creed, or national origin include the following: Denying a patient any service or benefit or availability of a treatment, providing any service to a patient which is different or is provided in a different manner or at a different time from that provided to other patients under this contract;

subjecting a patient to segregation or separate treatment in any matter related to his receipt of any service; restricting a patient in any way in the enjoyment of any advantage or privilege enjoyed by others, The assignment of time for the provision of services on the basis of race, color, creed, or national origin of the patients is prohibited.

H.8 Government Furnished

The Federal Government shall furnish:

• Reporting Forms

• SecureZip

• Secure Email File Transfer (SEFT), National Institutes of Health (NIH) Secure Email and

File Transfer Service

The contractor shall be held liable for loss and damage due to neglect or abuse of Federal Government property by their personnel.

The contractor and their personnel shall take all reasonable precautions, as directed by the Federal Government or in the absence of the Federal Governments direction, in accordance with sound commercial industry standards, to safeguard and protect personnel and Federal Government property.

H.9 Contractor Furnished

The contractor shall furnish all personnel, material, adequate and accessible facilities, and equipment needed for performance of this contract.

A. General Facility Requirements

• The facility shall be accredited by the Joint Commission on the Accreditation of Healthcare Organizations and shall meet all federal, state and local licensing requirements for this type of housing.

• The facility shall be located in a prime district with attractive surroundings with a prevalence of modem design and/or tasteful rehabilitation in modem use. All building and grounds maintenance shall be provided. Grounds shall be professionally landscaped.

Streets and public sidewalks shall be well maintained.

• The facility shall be in compliance with all requirements of the Americans with

Disabilities Act (ADA).

• The facility shall meet all federal, state and local requirements for facilities of this type, including remote exits, smoke detectors, sprinkler systems, interior finishes with low lame spread ratings, and incorporating other means to control the effects of fire.

• Public areas shall include attractive community living rooms, activity rooms, and dining rooms all with comfortable seating and tables, which are available for use by the residents under this contract and their families.

• A full service beauty salon shall be on site with services scheduled and adequately available for use by residents under this contract.

• Parking spaces shall be available and sufficient to support residents under this contract, NHDP staff, and related visitors.

• Usable outdoor activity areas shall be available to provide places to walk, ride wheelchairs and sit. Outdoor areas shall be well maintained.

• The entire facility and surrounding outdoor activity areas shall have a level of security which deters unauthorized entry, deters loitering and disruptive acts.

• Exits shall be clearly marked and shall be unlocked from the inside.

• Mail services shall be available for in-coming and out-going mail. All mail relating to medical care for the resident under this contract shall be forwarded to the COR.

• Hot water temperature shall be maintained below 120 degrees in patient areas.

H.10 Special Authorities and Requirements

This contract is entered into under the authority of USC 2304 and 41 USC 253.

This is a non-personal healthcare service contract as defined in FAR 37.101, under which the contractor is an independent contractor.

The Federal Government may evaluate the quality of professional and administrative services provided, but retain no control over the medical, professional aspects of service rendered (e.g.

professional judgments and diagnosis for specifics medical treatment).

By signature of this contract, the contractor agrees to indemnify the Federal Government for any liability producing act or omission by the contractor, its personnel and agents occurring during contract performance.

By signature of this contract, the contractor agrees to possess and maintain professional medical liability/malpractice insurance in a coverage amount not less than the amount normally prevailing within the local community for this medical specialty, and;

By signature of this contract, the contractor agrees to ensure that subcontracts for provisions of healthcare services contain the requirement of the clause at 52.237-7 including maintenance of medical liability insurance.

H.11 Medical Records

The contractor shall ensure the confidentiality of the record under the Privacy Act of 1974 and HIPAA as it relates to the release of medical information.

H.12 Smoke-Free Workplace

HHS strongly encourages all grantees and contractors to provide a smoke-free workplace and to promote the prohibition of all tobacco products. Public Law 103-227, the Pro-Children Act of 2001, prohibits smoking in certain facilities or in some cases, any portion of a facility, in which regular or routine education, library, day care, health care, or early childhood development services are provided to children.

SECTION I – CONTRACT CLAUSES

I.1 Federal Acquisition Regulation (FAR) Contract Clauses

52.252-2 Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at www.acquisition.gov/far.

Clause No. Title Date 52.212-4 Contract Terms and Conditions -- Commercial Items MAY 2015

I.1.1 Federal Acquisition Regulation (FAR) Contract Clauses – Full Text

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Nov 2016)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

XX___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

XX___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

XX___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

XX___ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

XX___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L.

111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

XX___ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C.

6101 note).

XX___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

___ (10) [Reserved]

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C.

644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

XX___ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C.

637(d)(2) and (3)).

XX___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Nov 2016) (15 U.S.C.

637 (d)(4)).

___ (ii) Alternate I (Nov 2016) of 52.219-9.

XX___ (iii) Alternate II (Nov 2016) of 52.219-9.

___ (iv) Alternate III (Nov 2016) of 52.219-9.

___ (v) Alternate IV (Nov 2016) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

XX___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set- Aside (Nov 2011) (15 U.S.C. 657f).

___ (22) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C. 632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C.

637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

XX___ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

___ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).

XX___ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

XX___ (28) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

XX___ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

XX___ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

XX___ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

XX___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

XX___ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C.

chapter 78 and E.O. 13627).

___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).

XX___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016).

(Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

___ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016).

___ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA- Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).

___ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

___ (40) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514

___ (ii) Alternate I (Oct 2015) of 52.223-13.

___ (41) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (43) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-16.

XX___ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

___ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (46) 52.223-21, Foams (Jun 2016) (E.O. 13696).

___ (47) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (48) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (49) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

XX___ (50) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (51) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (52) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (53) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (54) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (55) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C.

4505, 10 U.S.C. 2307(f)).

XX___ (56) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (57) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (58) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (59) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

XX___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)

___ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

XX___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).

XX___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-- Requirements (May 2014) (41 U.S.C. chapter 67).

___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

XX___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O.

13658).

___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

___ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C.

5112(p)(1)).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The…