36C24119Q0187-003.docx

36C24119Q0187

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

36C24119Q0187 03-27-2019 Jacob Linxweiler 603-314-4418 04-16-2019

4:00 PM EST

Department of Veterans Affairs VAMC Manchester 718 Smyth Road Manchester

NH

03104 X X 541611 $15 Million X N/A X Department of Veterans Affairs Boston VA Healthcare System 150 South Huntington Ave Jamaica Plain

MA

02130 Department of Veterans Affairs VAMC Manchester 718 Smyth Road Manchester

NH

03104

Department of Veterans Affairs Financial Services Center http://www.fsc.va.gov/einvoice.asp PO Box 149971 Austin

TX

78714-9971 See CONTINUATION Page This solicitation is a Request for Quote for CMS Audit and Consulting Services for VA Medical Centers within VISN-1.

The government intends to award a firm fixed price IDIQ with a five year period of performance. Contractor shall provide all necessary personnel, supervision, labor, equipment, materials and disposal necessary to provide the services pursuant to the Performance Work Statement described herein.

Offerors should carefully follow instructions included in 52.212-1 and for evaluation criteria specified in Section E Applicable DOL Wage Determinations are identified in Sec. D All quotes shall be emailed to jacob.linxweiler@va.gov before the date and time identified in box 8 Questions regarding the solicitation are due to the email address listed above before 4:00 PM EST on 4/11/19.

See CONTINUATION Page X X Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C241 Department of Veterans Affairs VAMC Manchester

718 Smyth Road Manchester NH 03104

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

Department of Veterans Affairs Financial Services Center http://www.fsc.va.gov/einvoice.asp PO Box 149971 Austin TX 78714-9971 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

PERFORMANCE WORK STATEMENT

CMS AUDIT AND CONSULTING SERVICES

1. General: This is a firm fixed price indefinite delivery indefinite quantity contract for non-personal services to provide Centers for Medicare & Medicaid Services (CMS) Advisory Services to VA Medical Centers within Veterans Integrated Service Network (VISN) 1. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.1 Description of Services/Introduction: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform Advisory Services to help maintain compliance with CMS Conditions of Participation before during and after a CMS audit as defined in this Performance Work Statement. The contractor shall perform to the standards in this contract.

1.2 Background: VA Community Living Centers are reviewed annually by the Long-Term Care Institute (LTCI) to determine the level of compliance with CMS Conditions of Participation (CoPs). CMS requirements are complex and constantly changing and it’s hard to understand the intent and interpretive guidelines of the regulations and what the CMS auditors are looking for during an audit. Having a systemwide model for preparing for and responding to CMS with the goal of continuous readiness is essential. Accreditation Coordinators need assistance in assessing readiness of the organization. Conducting a Mock audit within the year helps to identify areas of improvement and prepare staff for the real audit. The audit itself is very demanding on an organization which must provide all necessary interviews, documents and escorts during the 4-day audit. Developing an effective approach to establishing a command center is critical to effectively managing the demands of an audit. Throughout the 4-day audit the organization is made aware of deficiencies which can be mitigated in real-time with expert guidance in the command center. After the audit a Plan of Correction must be submitted to address all areas of deficiency. The plan will need to be monitored until fully compliant and incorporated into the annual cycle of learning and preparedness.

1.3 Objectives:

· To support continual readiness by conducting a mock audit that assesses readiness and identifies CMS CoP risk areas.

· To provide a post mock audit analysis delivered to VISN-1 leadership to address all areas of compliance, deficiency, and strategies for improvement with an implementation plan for CMS compliance.

· To provide onsite support during the LTCI Annual unannounced audit

· To provide remote support during the LTCI Annual unannounced audit

· To provide post CMS audit review of deficiencies, development of a Plan of Correction, provide an assessment of an implementation plan, provide guidance on submission of plan to CMS.

· To provide CMS audit preparation training and practical exercises to educate VISN-1 personnel on Medicare audit requirements and audit processes.

1.4 Scope: Consultation services to assess and improve CMS readiness at VISN 1 Community Living Centers. Services include: On-site consultation for a full Medicare review of all 23 Conditions of Participation (CoPs); Offsite CMS consultation via phone calls or emails; CMS on-site emergent consultation within 24 hours of CMS audit announcement; and on-site leadership training.

1.5 Period of Performance: The period of performance shall commence on the date of contract award and shall continue for five years.

1.6 General Information

1.6.1 Quality Control: The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of identified deficiencies. The contractor’s quality control program is the means by which he assures himself that his work complies with the requirement of the contract. The Quality Control Plan should be submitted with the contractor’s proposal as an evaluation factor, three copies of a comprehensive written QCP shall be submitted to the CO and COR within 5 working days when changes are made thereafter. After acceptance of the quality control plan the contractor shall receive the contracting officer’s acceptance in writing of any proposed change to his QC system.

1.6.2 Quality Assurance: The government shall evaluate the contractor’s performance under this contract in accordance with a Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

1.6.3 Recognized Holidays

When one of the holidays falls on Sunday, the following Monday shall be observed as a legal holiday by U.S. Government Agencies. When a holiday falls on a Saturday, the preceding Friday shall be observed as a legal holiday. Also included would be any other day specifically declared by the President of the United States to be a National holiday.

1.6.4 Hours of Operation: The contractor is responsible for conducting business, between the hours of 7:00am and 4:30pm EST Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS.

1.6.5 Place of Performance: The work to be performed under this contract will be performed at all VISN 1 Facilities CLC facilities in the following locations which have an immediate need of services: Bedford, Leeds, and Brockton MA, West Haven CT, Augusta ME, and Manchester NH. Other Medical Centers within VISN 1 may be added in the future if a need arises.

· Bedford VA Medical Center, 200 Springs Rd. Bedford MA 0173

· Northampton VA Medical Center, 421 N. Main St. Leeds MA 01053

· Brockton VA medical Center, 940 Belmont St. Brockton MA 02301

· West Haven VA Medical Center, 950 Campbell Ave. West Haven CT 06516

· Togus VA Medical Center, 1 VA Center Augusta ME 04330

· Manchester VA Medical Center, 718 Smyth Rd. Manchester NH 03104

1.6.6 Security Requirements: All information must be safeguarded according to all federal, state, and local guidelines. A Business Associates Agreement (BAA) must be signed by the successful offeror and all VA Information and Information System Security Privacy safeguarding guidelines must be followed.

VA Directive and Handbook, 6500 Managing Information Security Risk: VA Information Security Program; VA Directive 6515, Use of Web-Based Collaboration Technologies; and VA Directive 6102, Internet and Intranet Services, shall be in compliance prior to activating any web portal.

1.6.7 Ordering: Individual task orders will be issued by warranted Contracting Officers assigned to VISN 1 Medical Centers. The initial task order for this requirement will satisfy the minimum order requirement for this IDIQ contract.

1.6.8 Special Qualifications: The contractor is responsible for ensuring all employees providing consultation possess at least 5 years of audit experience in the areas of acute care, long term care, and rehabilitation. All employees must have a minimum of a bachelor’s degree and have expert knowledge of all the federal conditions of participation/condition of coverage and report out using the Principles of Documentation. The contractor must have the ability to travel within 24-hours to assist clients in Immediate Jeopardy situations.

1.6.9 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 Government 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 government views the contractor's performance and the contractor will apprise the Government 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 government.

1.6.10 Contracting Officer Representative (COR): The (COR) will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance: maintain written and oral communications with the Contractor concerning technical aspects of the contract: issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation shall be issued to the COR, a copy of which is sent to the Contractor, it states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change the scope, price, or any of the terms and conditions of the resulting order.

1.6.11 Key Personnel: The follow personnel are considered key personnel by the government: Contract Manager, Alternate Contract Manager, Lead Consultant The contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the contracting officer. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to the daily operation of this contract. The contract manager or alternate shall be available between 7:00 a.m. to 4:30p.m., Monday thru Friday except Federal holidays or when the government facility is closed for administrative reasons. The Contractor shall have a contingency plan in place to be utilized if key contract personnel leaves the Contractor’s employment or is unable to continue performance in accordance with the terms and conditions of the resulting contract. Qualifications for all key personnel include a requirement of 5 years CMS inspection experience.

1.6.12 Identification of Contractor Employees: Contractor and Contract personnel 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. Contractor personnel shall not create an impression that they are Government officials. They must also ensure that all documents or reports produced by the contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed. Contractor Employees will be required to obtain and wear visitor badges in the performance of this service.

1.6.13 Contractor Travel: Contractor will be required to travel to VISN 1 Medical Centers and Community Based Outreach Centers (CBOCs) during the performance of this contract to attend meetings, conduct audits and training. VISN 1 includes Maine, New Hampshire, Vermont, Massachusetts, Connecticut and Rhode Island. The contractor may be required to travel to off-site training locations and to ship training aids to these locations in support of this PWS.

Travel expenses will not be reimbursed individually. Fixed prices proposed for each service identified in the schedule shall include any and all required travel.

Locations and estimated time needed for audits:

1.6.14 Organizational Conflict of Interest: Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may effect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

1.6.15 Applicable Documents: Documents referenced or germane to this Performance Work Statement (PWS) are listed below. In the performance of the tasks associated with this PWS, the Contractor shall comply with the following:

1. 44 U.S.C. § 3541, “Federal Information Security Management Act (FISMA) of 2002”

2. 5 U.S.C. § 552a, as amended, “The Privacy Act of 1974”

3. Public Law 109-461, Veterans Benefits, Health Care, and Information Technology Act of 2006, title IX Information Security Matters

4. 42 U.S.C. § 2000d “Title VI of the Civil Rights Act of 1964”

5. Department of Veterans Affairs (VA) Directive 6102 (Internet/Intranet Services) (http: www.va.gov/vai2)

6. Department of Veterans Affairs (VA) Handbook 6102 (Internet/Intranet Services) (http: www.va.gov/vai2)

7. Health Insurance Portability and Accountability Act (HIPAA); 45 CFR Part 160, 162, and 164; Health Insurance Reform: Security Standards; Final Rule dated February 20, 2003

8. VHA Security Handbook 1600.01, Business Associate Agreements (https://www.voa.va.gov/)

9. 36 C.F.R. Part 1194 “Electronic and Information Technology Accessibility Standards,” July 1, 2003

10. Office of Management and Budget Circular A-130, “Management of Federal Information Resources’, November 28, 2000

11. An Introductory Resource Guide for Implementing the Health Insurance Portability and Accountability Act (HIPAA) Security Rule, October 2008

12. Sections 504 and 508 of the Rehabilitation Act (29 U.S.C. Section § 794d), as amended by the Workforce Investment Act of 1998 (P.L. 105-220), August 7, 1998

13. Homeland Security Presidential Directive (12) (HSPD-12), August 27, 2004

14. VA Handbook 6500, “Information Security Program,” September 18, 2007.

15. VA Handbook 6500.1, “Electronic Media Sanitization,” March 22, 2010.

16. VA Handbook 6500.2, “Management of Security and Privacy Incidents,” June 17, 2008.

17. VA Handbook 6500.3, “Certification and Accreditation of VA Information Systems,” November 24, 2008.

18. 1.1.1.18. VA Handbook, 6500.5, Incorporating Security and Privacy in System Development Lifecycle.

PART 2

SPECIFIC TASKS

2. Specific Tasks:

2.1. Basic Services. The contractor shall provide consultative services for Centers for Medicare & Medicaid Services (CMS) Compliance with Conditions of Participation.

2.2. Task Heading.

· Mock audit that assesses readiness and identifies CMS CoP risk areas.

· Onsite consultation to support and guide organization before, during and after the audit.

· Onsite emergent consultation to support immediate jeopardy response and plan of correction.

· Offsite consultation to support and guide organization before during and after the audit

· Leadership education on Medicare requirements and audit process

Performance Requirements 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)

(This is the maximum error rate. It could possibly be “Zero deviation from standard”) Method of Surveillance

PRS # 1.

The contractor shall provide On-site CMS consultation for a full Medicare review of all 23 Conditions of Participation (CoPs).

The contractor provided an on-site CMS audit and report based on the size of the Community Living Center:

100 Beds or Less: 3 days of 2 RNs and 2 days of 1 LS: total of 8 onsite days 100-300 Beds: 4 days of 3 RNs and 2 days of 1 LS: total of 14 onsite days

PRS # 2

The contractor shall provide on-site support during the LTCI Annual unannounced audit.

The contractor provided on-site consultation services within 24 hours. To include daily telephone consultation, command center operations and plan of correction.

PRS # 3

The contractor shall provide on-site emergent consultation to support immediate jeopardy response

The contractor provided on-site emergency consultation services within 24 hours. To include immediate telephone consultation and mitigation of Immediate Jeopardy.

PRS # 4

The contractor shall provide offsite consultation to support and guide organization before during and after the audit

The contractor provided offsite consultation via telephone and email

PRS # 5

Leadership education on Medicare requirements and audit process

The contractor provided onsite leadership education.

DELIVERABLES SCHEDULE

Full written report following each Mock audit conducted.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Preparatory mock CMS audit of a single VISN-1 Community Living Center. Bed count under 50.

To include a post audit report and Plan of Correction delivered to VISN-1 leadership to address all areas of compliance, deficiency, and strategies for improvement with an implementation plan for CMS compliance.

Contract Period: Base POP Begin:

POP End:

Preparatory mock CMS audit of a single VISN-1 Community Living Center. Bed count 50 - 100.

To include a post audit report and Plan of Correction delivered to VISN-1 leadership to address all areas of compliance, deficiency, and strategies for improvement with an implementation plan for CMS compliance.

Contract Period: Base

Preparatory mock CMS audit of a single VISN-1 Community Living Center. Bed count 101 - 300.

To include a post audit report and Plan of Correction delivered to VISN-1 leadership to address all areas of compliance, deficiency, and strategies for improvement with an implementation plan for CMS compliance.

Contract Period: Base

Provide 8 hour CMS survey preparation training and practical exercises to educate VISN-1 personnel on Medicare survey requirements and survey processes.

Contract Period: Base

Provide onsite consultation and support during CMS survey to address and prevent deficiencies.

Provide offsite consultation and support during CMS survey to address and prevent deficiencies.

Post LTCI audit review of deficiencies, development of a Plan of Correction, assessment of an implementation plan and guidance on submission of plan.

Provide 24 hour on-site response for emergent consultation to support immediate jeopardy response.

Preparatory mock CMS audit of a single VISN-1 Community Living Center. Bed count under 50.

To include a post audit report and Plan of Correction delivered to VISN-1 leadership to address all areas of compliance, deficiency, and strategies for improvement with an implementation plan for CMS compliance.

Contract Period: Option 1

Preparatory mock CMS audit of a single VISN-1 Community Living Center. Bed count 50 - 100.

To include a post audit report and Plan of Correction delivered to VISN-1 leadership to address all areas of compliance, deficiency, and strategies for improvement with an implementation plan for CMS compliance.

Contract Period: Option 1

Preparatory mock CMS audit of a single VISN-1 Community Living Center. Bed count 101 - 300.

To include a post audit report and Plan of Correction delivered to VISN-1 leadership to address all areas of compliance, deficiency, and strategies for improvement with an implementation plan for CMS compliance.

Contract Period: Option 1

Provide 8 hour CMS survey preparation training and practical exercises to educate VISN-1 personnel on Medicare survey requirements and survey processes.

Contract Period: Option 1

Provide onsite consultation and support during CMS survey to address and prevent deficiencies.

Provide offsite consultation and support during CMS survey to address and prevent deficiencies.

Post LTCI audit review of deficiencies, development of a Plan of Correction, assessment of an implementation plan and guidance on submission of plan.

Provide 24 hour on-site response for emergent consultation to support immediate jeopardy response.

Preparatory mock CMS audit of a single VISN-1 Community Living Center. Bed count under 50.

To include a post audit report and Plan of Correction delivered to VISN-1 leadership to address all areas of compliance, deficiency, and strategies for improvement with an implementation plan for CMS compliance.

Contract Period: Option 2

Preparatory mock CMS audit of a single VISN-1 Community Living Center. Bed count 50 - 100.

To include a post audit report and Plan of Correction delivered to VISN-1 leadership to address all areas of compliance, deficiency, and strategies for improvement with an implementation plan for CMS compliance.

Contract Period: Option 2

Preparatory mock CMS audit of a single VISN-1 Community Living Center. Bed count 101 - 300.

To include a post audit report and Plan of Correction delivered to VISN-1 leadership to address all areas of compliance, deficiency, and strategies for improvement with an implementation plan for CMS compliance.

Contract Period: Option 2

Provide 8 hour CMS survey preparation training and practical exercises to educate VISN-1 personnel on Medicare survey requirements and survey processes.

Contract Period: Option 2

Provide onsite consultation and support during CMS survey to address and prevent deficiencies.

Provide offsite consultation and support during CMS survey to address and prevent deficiencies.

Post LTCI audit review of deficiencies, development of a Plan of Correction, assessment of an implementation plan and guidance on submission of plan.

Provide 24 hour on-site response for emergent consultation to support immediate jeopardy response.

Preparatory mock CMS audit of a single VISN-1 Community Living Center. Bed count under 50.

To include a post audit report and Plan of Correction delivered to VISN-1 leadership to address all areas of compliance, deficiency, and strategies for improvement with an implementation plan for CMS compliance.

Contract Period: Option 3

Preparatory mock CMS audit of a single VISN-1 Community Living Center. Bed count 50 - 100.

To include a post audit report and Plan of Correction delivered to VISN-1 leadership to address all areas of compliance, deficiency, and strategies for improvement with an implementation plan for CMS compliance.

Contract Period: Option 3

Preparatory mock CMS audit of a single VISN-1 Community Living Center. Bed count 101 - 300.

To include a post audit report and Plan of Correction delivered to VISN-1 leadership to address all areas of compliance, deficiency, and strategies for improvement with an implementation plan for CMS compliance.

Contract Period: Option 3

Provide 8 hour CMS survey preparation training and practical exercises to educate VISN-1 personnel on Medicare survey requirements and survey processes.

Contract Period: Option 3

Provide onsite consultation and support during CMS survey to address and prevent deficiencies.

Provide offsite consultation and support during CMS survey to address and prevent deficiencies.

Post LTCI audit review of deficiencies, development of a Plan of Correction, assessment of an implementation plan and guidance on submission of plan.

Provide 24 hour on-site response for emergent consultation to support immediate jeopardy response.

Preparatory mock CMS audit of a single VISN-1 Community Living Center. Bed count under 50.

To include a post audit report and Plan of Correction delivered to VISN-1 leadership to address all areas of compliance, deficiency, and strategies for improvement with an implementation plan for CMS compliance.

Contract Period: Option 4

Preparatory mock CMS audit of a single VISN-1 Community Living Center. Bed count 50 - 100.

To include a post audit report and Plan of Correction delivered to VISN-1 leadership to address all areas of compliance, deficiency, and strategies for improvement with an implementation plan for CMS compliance.

Contract Period: Option 4

Preparatory mock CMS audit of a single VISN-1 Community Living Center. Bed count 101 - 300.

To include a post audit report and Plan of Correction delivered to VISN-1 leadership to address all areas of compliance, deficiency, and strategies for improvement with an implementation plan for CMS compliance.

Contract Period: Option 4

Provide 8 hour CMS survey preparation training and practical exercises to educate VISN-1 personnel on Medicare survey requirements and survey processes.

Contract Period: Option 4

Provide onsite consultation and support during CMS survey to address and prevent deficiencies.

Provide offsite consultation and support during CMS survey to address and prevent deficiencies.

Post LTCI audit review of deficiencies, development of a Plan of Correction, assessment of an implementation plan and guidance on submission of plan.

Provide 24 hour on-site response for emergent consultation to support immediate jeopardy response.

36C24119Q0187

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SECTION C - CONTRACT CLAUSES

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.1 52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of award through five years from date of award.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of Clause)

C.2 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than TBD after award, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of TBD after award;

(2) Any order for a combination of items in excess of TBD after award; or

(3) A series of orders from the same ordering office within 90 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 3 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

C.3 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after five years from contract award.

(End of Clause)

C.4 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of Clause)

C.5 SUPPLEMENTAL INSURANCE REQUIREMENTS

In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

(a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability: $500,000.00 per occurrences.

(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.

(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.

(End of Clause)

C.6 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (DEC 2009)

The offeror agrees, if awarded a contract, to use the service-disabled veteran-owned small businesses or veteran-owned small businesses proposed as subcontractors in accordance with 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, or to substitute one or more service-disabled veteran-owned small businesses or veteran-owned small businesses for subcontract work of the same or similar value.

(End of Clause) C.7 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes FAR 52.219-14 Limitations on Subcontracting.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor's offices where the Contractor's business records or other proprietary data are retained and to review such business records regarding the Contractor's compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

(End of Clause) C.8 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes the clause: 852.215-70 Service-disabled veteran-owned and veteran-owned small business evaluation factors. Accordingly, any contract resulting from this solicitation will include the clause 852.215-71 Evaluation factor commitments.

(b) The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) to assist in assessing Contractor compliance with the subcontracting commitments incorporated into the contract. To that end, the support contractor(s) may require access to the Contractor's business records or other proprietary data to review such business records regarding contract compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor compliance with the subcontracting commitments.

(End of Clause)

C.9 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001;

(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests;

(4) Invoice payment has the meaning given in FAR 32.001; and

(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:

(1) VA’s Electronic Invoice Presentment and Payment System at the current website address provided in the contract.

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI).

(d) Invoice requirements. Invoices shall comply with FAR 32.905.

(e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for—

(1) Awards made to foreign vendors for work performed outside the United States;

(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;

(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;

(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or

(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.

(End of Clause)

C.10 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)

The contractor shall obtain all necessary licenses and/or permits required to perform this work. He/she shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract.