36C24118Q9162-0001001.doc

PERFORMANCE WORK STATEMENT (PWS)

Safe Haven Model Demonstration Project

Healthcare for Homeless Veterans(HCHV) Contract Residential Care

Bedford VAMC

1. INTRODUCTION: The Department of Veterans Affairs’ (VA) “Breakthrough Initiative 8 to continue progress to end Veteran’s homelessness” calls for enhancing current homeless service capacity as well as developing new programs and initiatives in concert with community and federal partners. The intent of this Performance Work Statement (PWS) is for VA medical centers to engage community provider(s) to offer homeless Veterans services through a “Safe Haven” model of residential care.

1.1 Purpose: Under the contract authority of VA’s Healthcare for Homeless Veterans (HCHV) Contract Residential Care programs, VA medical centers will solicit community organizations to provide “Safe Haven” services as a ‘specialty model.’ This model of HCHV residential care will offer the minimal services under the HCHV Contract Residential Care program enhanced by the services as defined below. These services must be put forth in the solicitation. Significant deviation from these services can dilute the model as prescribed, and thus disrupt program evaluation and fidelity studies. The National Center on Homelessness Among Veterans will provide training for initial program development for both the provider and VA staff. Additionally, the Center will formulate the evaluation protocol and program fidelity measures. VA medical centers will contract through procedures in line with their own business practices and contracting services. Costs associated with Veteran care will be determined by bed days of care, per month.

1.2 Policy: The Secretary of the VA has set a zero-tolerance policy for homelessness within the Veteran population. As part of the Breakthrough Initiative 8, the Veterans Health Administration (VHA) intends to increase both capacity of existing programs and services offered to program participants. This plan calls for utilizing new models of care, not previously offered by VA.

1.3 Background: The VA has been providing direct and specialized services for homeless Veterans for over 20 years. Beginning in 1987 with 43 pilot programs that provided street outreach and residential community services, VA Homeless Programs have developed and expanded to become the largest integrated provider of homeless services in the country. Despite these resources, on any given night HUD estimates that there are still over 57,000 Veterans who are homeless.

Recent national trends in service provision for the homeless outside of the VA system include the utilization of Safe Havens as an alternative to shelter care or as a placement post unsuccessful discharge from an inpatient or residential treatment program due to relapse-related issues. A Safe Haven is a form of supportive housing that serves hard-to-reach homeless persons with severe mental illnesses and/or substance use disorders who are on the streets and have been unable or unwilling to participate in more traditional supportive services. VA is limited by current grant authorities and existing program structures and practices and cannot fund harm-reduction treatment models. VA has been unable to provide the types of services focused on shelter diversion and early stabilization in community-based environments and has been criticized by outside organizations for not having this component of the continuum of care. The period of performance shall be for one (1) 12 Month Base Year with four (4) Option Years. The Period of Performance reads as follows:

10/1/2018 to 9/30/2019 Base Period

10/1/2019 to 9/30/2020 Option Period 1

10/1/2020 to 9/30/2021 Option Period 2

10/1/2021 to 9/30/2022 Option Period 3

10/1/2022 to 9/30/2023 Option Period 4

1.4. Place of Performance: The work to be performed under this contract will be performed at the Contractors facility which must pass inspection by VA Personnel(see attached inspection sheet)

1.5 Type of Contract: The Veterans Affairs will award a Firm Fixed Price Contract with estimated quantites.

1.6 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The contracting officer, Contracting Officers Representative (COR), and other Veterans Affairs personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the contracting officer will apprise the contractor of how the Veterans Affairs views the contractor's performance and the contractor will apprise the Veterans Affairs of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Veterans Affairs.

2. SCOPE OF WORK:

2.1 Safe Haven provider will offer a 24-hour staffed transitional residence in Massachusetts within a one hour driving radius of Bedford, MA. The residence must have 20 private areas for Veterans. The residence must provide onsite laundry, three meals/day, and computer access for Veterans. Each facility must have a full-time program manager dedicated to the program and present on-site 40 hrs/wk.

2.2 Safe Haven provider will ensure that there is at least one awake staff member on-duty and on-site at the facility 24 hours a day, 7 days every week. Safe Haven provider must make accomodations to have staffing on-site during transport times or any other instance that staff is required to be off-site.

2.3 Safe Haven provider will provide transportation of Veterans to VA and non-VA medical, substance use, and mental health appointments. This transportation must be made available Monday through Saturday. Transportation must also be provided for Veterans to access VA supported employment programs such as CWT and VCT.

Safe Haven provider facilities that are within walking distance of City of Boston bus and underground subway systems are approved to provide each Veteran with funding to utilize public transportation in order to enable residents of the program to access medical, mental health, or substance abuse-related appointments. Public transportation accommodations cannot be used as the primary transportation option provided to Veterans at any of the Safe Haven sites that do not have this type of direct access to City of Boston public transportation.

2.4 Safe Haven provider will provide housing and supportive services to female Veterans and under this contract is required to ensure the safety and privacy of these Veterans. Men and women must have separate bathroom facilities. The facility must have female residential rooms or sections that are securely segregated or restricted from men to ensure safety and privacy. If the facility cannot accommodate both male and female Veterans at one location, the provider must make available equivalent facilities and services for the opposite gender that meet the terms of the contract for facilities and services.

2.5 Safe Haven provider will target chronically homeless Veterans (as defined by HUD) with serious mental illness (as defined by VHA) and substance use problems. Safe Haven provider must take all eligible Veterans as determined by the VA standards, barring any state or local residency requirements.

2.6 Safe Haven provider will allow VA staff to inspect the facility and/or review Veteran participant treatment protocols annually and at any time determined necessary by VA. Safe Haven provider will allow VA staff to proceed with unannounced inspections of the facility/facilities and/or review Veteran participant treatment protocols at any time determined necessary by the VA liaison or leadership.

2.7 Safe Haven provider will offer a low-demand environment with a minimum set of rules designed to re-establish trust in the chronically homeless Veteran and engage the Veteran in needed treatment services.

a.

Acceptance of treatment cannot be a condition of admission or continued stay.

b.

Abstinence from alcohol or drugs cannot be a condition of treatment or continued stay.

c.

Infractions of rules should be used as opportunities for engagement.

2.8 Outreach will be conducted by the Safe Haven provider and VA HCHV staff.

2.9 The provider must have the ability to accommodate immediate admissions 24 hours per day, 7 days per week. All admissions must have concurrence of VA. If a Veteran presents at the facility during weekends or at night, the Safe Haven provider may accept the Veteran, however, VA staff have right of approval/disapproval for payment for that Veteran.

3.0 Safe Haven staff will develop a highly individualized treatment plan with each Veteran consistent with low-demand program goals.

3.1 Safe Haven provider will work with Veterans on obtaining permanent housing within six months of admission. All extensions beyond six months will require approval of the VA

3.2 Safe Haven provider will collect and maintain evaluation data required by the VA National Center on Homelessness Among Veterans for the Safe Haven Model Demonstration Project.

3.3 Safe Haven provider will ensure facility meets all applicable life/safety codes and other standards/compliance requirements as determined by VA, including American with Disabilities Act accessibility. Safe Haven provider must provide adequate means of ventilation in resident rooms from either fans or air conditioning units at the program during warmer seasons.

3.4 Safe Haven provider will create a cool-down area or “Safe Room” for appropriate de-escalation needs of the residents at the program. This would be an area that would separate residents from the rest of the community of the household. Safe Haven provider staff must be able to observe the residents in this cool-down area and the residents’ stay in the room is strictly voluntary.

3.5 Safe Haven Provider will be knowledgeable of local VA and non-VA Homeless Programs and maintain a willingness to collaborate with other Providers as it benefits the Veterans.

3.6 Safe Haven provider selected for the demonstration project must have at least two years of direct experience as a provider of a Safe Haven Program or program demonstrating the low-demand model. Safe Haven provider selected for the demonstration project must be able to provide onsite office space for one full-time VA Safe Haven Coordinator.

3.7 Safe Haven Provider will provide newly admitted Veterans with all necessary furnishings and clean linens. Basic toiletries will be provided for all Veteran residents by the Safe Haven providers.

3.8 Safe Haven Provider will ensure that all meals provided are nutritious and that food items will remain available throughout the day. Safe Haven Provider will make available healthy options such as fresh fruit and fresh vegetables for all of the Veterans at the program. All expired food must be disposed of appropriately by the Safe Haven Provider. Enough food must be provided to allow all Veterans at the program to minimally prepare three meals daily.

3.9 Safe Haven Provider will ensure that the facilities are well maintained and clean.

4.0 Safe Have Provider will participate in and provide transportation for residents to annual homeless events sponsored by the VAMC, i.e. Local Stand Down Events.

4.1 Safe Haven Provider will have a site currently available to implement the Safe Haven Model.

4.2 Safe Haven Provider will be willing to participate in data collection activities which will assist in monitoring the effectiveness of the program as well as determine any needed modifications.

3. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

3.1 General: The Contractor shall furnish all supplies, equipment and services required to perform all tasks within the performance work statement.

4. PERFORMANCE REQUIREMENT SUMMARY:

The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

Performance Objective

(The Service required—usually a shall statement)

Method of Surveillance

PRS # 1.

The contractor shall provide individual private areas in safe and appropriate facility/facilities for Veterans to stay in for up to one year without the requirement of residents to be clean and sober within the Bedford VA catchment area (PWS para 2.1) The contractor will have an appropriate facility with private areas ready for Veterans to move into upon the start of the contract.

PRS# 2

The contractor shall provide healthy, nutritious, and appropriate food including fresh food for the residents that meet the requirements of the Nutrition department at Bedford VA. (PWS para 3.8)

PRS# 3

The contractor shall provide transportation for residents to Bedford VA for medical, substance use, and mental health care appointments and for CWT/VCT as needed (PWS para 2.3).

PRS# 4

The contractor shall provide 24/7 awake staffing at the facility/facilities housing the Safe Haven Veterans. (PWS para 2.2)

PRS#5

The contractor will assist Safe Haven residents with transitioning into permanent housing upon discharge. (PWS para 3.1)

5. DELIVERABLES SCHEDULE

N/A

Jim Chaplin/Chris Field

Appendix A: Contract Security IAW VA Handbook 6500.6:

1. GENERAL

a. Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.

2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

a. A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order.

b. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.

c. Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness.

d. Custom software development and outsourced operations must be located in the U.S. to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the contractor/subcontractor must state\ where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor.

e. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor’s employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination.

3. VA INFORMATION CUSTODIAL LANGUAGE

a. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data General, FAR 52.227-14(d) (1).

b. VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor’s information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA’s information is returned to the VA or destroyed in accordance with VA’s sanitization requirements. VA reserves the right to conduct on site inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements.

c. Prior to termination or completion of this contract, contractor/subcontractor must not destroy information received from VA, or gathered/created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract.

d. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract.

e. The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed.

f. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12.

g. If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship.

h. The contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated.

i. The contractor/subcontractor’s firewall and Web services security controls, if applicable, shall meet or exceed VA’s minimum requirements. VA Configuration Guidelines are available upon request.

j. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA’s prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response.

k. Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response.

l. For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require C&A or an MOU-ISA for system interconnection, the contractor/subcontractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the COTR.

4. INFORMATION SYSTEM HOSTING, OPERATION, MAINTENANCE, OR USE

a. VA prohibits the installation and use of personally-owned or contractor/subcontractor owned equipment or software on VA’s network. If non-VA owned equipment must be used to fulfill the requirements of a contract, it must be stated in the service agreement, SOW or contract. All of the security controls required for government furnished equipment (GFE) must be utilized in approved other equipment (OE) and must be funded by the owner of the equipment. All remote systems must be equipped with, and use, a VA-approved antivirus (AV) software and a personal (host-based or enclave based) firewall that is configured with a VA approved configuration. Software must be kept current, including all critical updates and patches. Owners of approved OE are responsible for providing and maintaining the anti-viral software and the firewall on the non-VA owned OE.

b. All electronic storage media used on non-VA leased or non-VA owned IT equipment that is used to store, process, or access VA information must be handled in adherence with VA Handbook 6500.1, Electronic Media Sanitization upon: (i) completion or termination of the contract or (ii) disposal or return of the IT equipment by the contractor/subcontractor or any person acting on behalf of the contractor/subcontractor, whichever is earlier. Media (hard drives, optical disks, CDs, back-up tapes, etc.) used by the contractors/subcontractors that contain VA information must be returned to the VA for sanitization or destruction or the contractor/subcontractor must self-certify that the media has been disposed of per 6500.1 requirements. This must be completed within 30 days of termination of the contract.

5. SECURITY INCIDENT INVESTIGATION

a. The term “security incident” means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/subcontractor shall immediately notify\ the COTR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access.

b. To the extent known by the contractor/subcontractor, the contractor/subcontractor’s notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant.

c. With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach. Notifications need to be made in accordance with the executed business associate agreement.

d. In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement. The contractor, its employees, and its subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident.

6. LIQUIDATED DAMAGES FOR DATA BREACH

a. Consistent with the requirements of 38 U.S.C. §5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract.

b. The contractor/subcontractor shall provide notice to VA of a “security incident” as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination.

c. Each risk analysis shall address all relevant information concerning the data breach, including the following:

(1) Nature of the event (loss, theft, unauthorized access);

(2) Description of the event, including:

(a) date of occurrence;

(b) data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code;

(3) Number of individuals affected or potentially affected;

(4) Names of individuals or groups affected or potentially affected;

(5) Ease of logical data access to the lost, stolen or improperly accessed data in light of the degree of protection for the data, e.g., unencrypted, plain text;

(6) Amount of time the data has been out of VA control;

(7) The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons);

(8) Known misuses of data containing sensitive personal information, if any;

(9) Assessment of the potential harm to the affected individuals;

(10) Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; and

(11) Whether credit protection services may assist record subjects in avoiding or mitigating the results of identity theft based on the sensitive personal information that may have been compromised.

d. Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the VA liquidated damages in the amount of $37.50 per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following:

(1) Notification;

(2) One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports;

(3) Data breach analysis;

(4) Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution;

(5) One year of identity theft insurance with $20,000.00 coverage at $0 deductible; and

(6) Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs.

7. TRAINING

a. All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and its systems:

(1) Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, Appendix E relating to access to VA information and information systems;

(2) Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training;

(3) Successfully complete the appropriate VA privacy training and annually complete required privacy training; and

(4) Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system access [to be defined by the VA program official and provided to the contracting officer for inclusion in the solicitation document – e.g., any role-based information security training required in accordance with NIST Special Publication 800-16, Information Technology Security Training Requirements.]

b. The contractor shall provide to the contracting officer and/or the COTR a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required.

c. Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete.