36C24223R0004_2.docx

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.

UEI:

EFT:

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. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

36C24223R0004 07-18-2023 Cheryl Whitton 518-626-5456 08-18-2023

3PM

EDT

Department of Veterans Affairs Network Contracting Office (NCO) 2 20 Madison Avenue Extension Albany

NY

12203 X 624221 $13.5 Million N/A X Department of Veterans Affairs VA Finger Lakes Health Care System Canandaigua VA Medical Center

Department of Veterans Affairs Network Contracting Activity 20 Madison Avenue Extension Albany

NY

12203

Tungsten Network https://www.tungsten-network.com/ customer-campaigns/veteransaffairs/

See CONTINUATION Page Low Demand Safe Haven services for homeless veterans as part of the community-based Health Care for Homeless Veterans (HCHV) program as described herein.

Performance Work Statement begins on page 7.

See CONTINUATION Page X X

ONE

Cheryl Whitton Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

36C24223R0004

Page 1 of Page 1 of B.1 CONTRACT ADMINSTRATION DATA (Continuation of SF 1449 Blocks 5-18)

1. CONTRACT ADMINISTRATION: All contract administration matters will be handled by the following individual(s):

a. Contractor

Address

City/State/Zip

Point of Contact

Telephone Number

Email Address

TAX ID Number

SAM UEI

b. Government:

Cheryl Whitton, Contracting Officer Department of Veterans Affairs Network Contracting Office (NCO 2) 20 Madison Avenue Extension Albany, NY 12203 Phone: 518-626-5456 Email: Cheryl.Whitton@va.gov

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

[X] 52.232-33, Payment by Electronic Funds Transfer – System for Award Management [ ] 52.232-34, Payment by Electronic Funds Transfer – Other than System for Award Management [ ] 52.232-36, Payment by Third Party

INVOICES: Invoices shall be submitted in arrears:

SECURE FAX: VA Handbook 6500 requires the following statement on all facsimile cover sheets be included:

“This fax is intended only for the use of the person or office to which it is addressed and may contain information that is privileged, confidential, or protected by law. All others are hereby notified that the receipt of this fax does not waive any applicable privilege or exemption for disclosure and that any dissemination, distribution, or copying of this communication is prohibited. If you have received this fax in error, please notify this office immediately at the telephone number listed above.”

2. CONTRACT MODIFICATIONS: The Contractor is advised that only the Contracting Officer, acting within the scope of the contract and his/her duties and responsibilities and after advice and consultation with the Contracting Officer’s Representative (COR), has the authority to make changes that will affect contract prices, quantity, quality, delivery terms and conditions, or the term of the contract. In no event shall any understanding or agreement, modification, change order, or other matters in deviation from the terms of this contract between Contractor and a person other than the Contracting Officer be effective or binding upon the Government. All such actions must be formalized by the proper contractual document executed by the Contracting Officer.

3. SOLICITATION/CONTRACT: This solicitation and resulting contract adheres to the format defined in Federal Acquisition Regulation (FAR) Parts 12 and 15. An official copy of the FAR can be obtained at: https://www.acquisition.gov/far/

4. SYSTEM FOR AWARD MANAGEMENT (SAM): Per FAR 4.1102, offerors must be listed in SAM at the time of offers due AND at the time of award. SAM includes the functionality of the previous Central Contractor Registration (CCR) and Online Representations and Certifications Applications (ORCA). No contract will be entered into with an unregistered contractor. Internet access allows registration by completing an electronic online registration application at: http://www.beta.sam.gov/.

ACKNOWLEDGEMENT OF AMENDMENTS: The Offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

Signed copies of any issued amendments must be submitted with proposal response Page 1 of Page 1 of

B.2 SCHEDULE OF SERVICES

The contractor shall provide services for eligible Veterans in accordance with the performance work statement (PWS). The price schedule of services establishes an all-inclusive daily rate for all costs associated with the required services provided by the contractor. The daily rate is to be expressed as a per eligible Veteran, per day rate. Payment will only be made for Veterans referred to the contractor by an authorized official at the VA Medical Center.

GUARANTEED MINIMUM: The Government will order at least $20,000.00 in services during the base year of the contract. (Note: The guaranteed minimum order amount applies to the base year only. Award of the additional option years is not guaranteed nor is there a guaranteed minimum order amount in any given option year that is exercised.)

MAXIMUM TOTAL CONTRACT AMOUNT: The potential aggregate contract total over the term of the entire contract (base year and four option years) is $4,000,000.00.

ORDERING PROCEDURES: VA has the sole authority to refer Veterans for care at the contractor’s facility. A task order in the amount of the estimated quantity will be issued for each performance period. At the end of the performance period, if all estimated quantities have not been provided by the vendor, a bi-lateral modification will be issued to decrease the remaining funds and quantities.

AWARD BASED ON INITIAL OFFERS: Offerors are advised of the possibility that award may be made without discussion. Accordingly, offerors are cautioned to submit their initial offers based on their most favorable terms, pricing and technical factors.

ESTIMATED QUANTITIES: All quantities listed herein are estimated annual quantities. Actual placements will be based on the number of homeless Veterans requiring housing services case management and payment will only be provided for the quantity of beds occupied by a VA-referred Veteran. Except as described in the “Guaranteed Minimum” paragraph above, the Government is not obligated to purchase any specified amount of services under this contract but will be obligated to make payment for all services requested and received in the quantities and of the quality requested. The Government does not guarantee or imply that any fixed number of orders/referrals for services will be placed under the resultant contract. The estimated number of annual bed days needed is as follows:

· Canandaigua VAMC – estimated daily need is 15 beds (5,475 bed days annually)

PRICING INSTRUCTIONS: Single award is anticipated for this solicitation.

Offerors must complete each line item number (LIN) of the schedule below with a unit price for an all-inclusive unit cost for one bed day of care and totaling the estimated total cost column.

Do not leave any LINs blank. Partial pricing is not acceptable. Proposals that do not include pricing for all LINs in all performance periods will be considered incomplete and removed from any further consideration.

PLACE OF PERFORMANCE: Services shall be provided on-site at the contractor’s facility

BASE YEAR: January 1, 2024 through December 31, 2024

OPTION YEAR 1: January 1, 2025 through December 31, 2025

OPTION YEAR 2: January 1, 2026 through December 31, 2026

OPTION YEAR 3: January 1, 2027 through December 31, 2027

OPTION YEAR 4: January 1, 2028 through December 31, 2028

CONTRACT TOTALS

BASE

OPTION 1

OPTION 2

OPTION 3

OPTION 4

TOTAL

NOTE: This contract contains clause 52.217-8 Option to Extend Services. This allows the contract to be extended for up to another six (6) months at the currently contracted rates each time an option is exercised under this clause.

Page 1 of Page 1 of

B.3 PERFORMANCE WORK STATEMENT

1. PURPOSE:

The Canandaigua VA Medical Center, located in New York State, has a need for currently active Low Demand Safe Haven (LDSH) facility services as part of its community-based Health Care for Homeless Veterans (HCHV) program. The facility needs to be currently operating in order to be initially inspected by the VA to ensure operations comply with Federal law and regulations and HCHV inspection standards in accordance with VHA Directive 1162.04. The goal of this HCHV program is to target the population of hard-to-reach chronically homeless veterans with mental illness and/or substance use disorder (SUD), when traditional residential treatment programs do not meet a Veteran's needs. The low demand or nonintrusive environment is designed to establish trust and motivate chronically homeless veterans to seek needed treatment services and transitional and/or permanent housing options. Length of stay at LDSH programs typically range between 4 to 6 months with the option to extend based on clinical need.

Under the authority of Section 203, P.L. 112-191, the Canandaigua VAMC will contract with a community organization to provide LDSH services as a ‘specialty model’ of housing services to eligible beneficiaries of the Canandaigua VAMC. This model of LDSH transitional housing will offer the services defined below and the contract facility must be located within a 15-mile radius of the Canandaigua VAMC.

1. BACKGROUND:

The HCHV program follows the definition of “chronically homeless” in 42 U.S.C. § 11360(9) of the McKinney-Vento Homeless Assistance Act, 42 U.S.C. § 11302(a) along with “homeless Veteran” in 38 U.S.C. §§ 2002(1) and 103(a) of the McKinney-Vento Homeless Assistance Act, 42 U.S.C. § 11302(a). NOTE: The term “homeless" or "homeless individual" does not include any individual imprisoned or otherwise detained pursuant to an Act of Congress or a State law.

Through the HCHV program, VA provides case management services to Veterans and facilitates their access to a broad range of medical, mental health, and rehabilitative services. The purpose of this solicitation is to obtain offers from contractors who can provide care and sufficient services to veterans who are homeless, in community-based residential settings that offer a safe and secure environment to support veterans’ rehabilitation and recovery goals. It is understood that the Veterans being served through this contract have been diagnosed with severe mental illness and/or substance use disorders. The Contractor will be required to provide residential and case management services but will not be required to provide clinical or detoxification or other hospital level treatment – those services will be provided by the VA at VA facilities. The VA 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.

C. SERVICES TO BE PROVIDED:

1. BASIC SERVICES. The contractor shall furnish each Veteran referred for care under this contract with the following basic services:

a. ROOM AND BOARD: Room and board to include a bed and other furnishings, such as a dresser, storage (to include at least one lockable drawer), and personal linens (towels, bed sheets, blankets, and pillow.) Mattresses must be in good condition and fully encased with protective covering. Residents must be provided with basic personal hygiene products. Meals to include at least three (3) nutritionally adequate meals a day, 7 days a week and availability of nutritious snacks between meals and bedtime for those requiring or desiring additional food, when it is not medically contraindicated. The residence must be able to accommodate both male and female Veterans, to include non-binary and transgender individuals, ensuring adequate privacy and safety for all.

b. LAUNDRY FACILITIES: Laundry facilities and products, to include handicapped accessibility, shall be available for no additional fees for residents to do their own laundry or to have laundry done.

c. THERAPEUTIC AND REHABILITATIVE SERVICES: Therapeutic and Rehabilitative Services determined to be needed by each individual Veteran referred for treatment as stated in the plan developed by the contractor, with input from the Veteran and the VA HCHV Liaison (or designee). The treatment plan will encompass the following elements: 1). Strengths, 2). Needs, 3). Referrals that are beyond the scope of the established program, and 4). The signature of the Case Manager and the Veteran. The treatment plan goals should address the areas of housing, mental health, health/medical, social, and vocational and/or educational. The treatment plan goals should be clear, specific, measurable, individualized, and should identify the specific objectives, methods, and the responsible person to complete each goal. The plan should be completed within 5 business days of admission with monthly reviews and/or updates and must be submitted to the VA HCHV Liaison (or designee) for approval. Weekly progress notes should specify the Veterans progress towards treatment plan goals.

Services which the contractor must be able to furnish shall include:

1. Safe Haven Contractor 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 will not be a condition of admission or continued stay;

b. Abstinence from alcohol or drugs will not be a condition of admission or continued stay; and,

c. Infractions of rules should be viewed as opportunities for engagement.

2. Structured group activities will be offered as appropriate – examples include social recreational/peer support groups, Alcoholics Anonymous, Narcotics Anonymous, linkage to vocational services/counseling and physical activities as appropriate.

3. Supportive case management, including guidance on self-care skills and adaptive coping skills for independent living in collaboration with VA program and community resources.

4. Assistance to develop responsible living patterns, to maintain an acceptable level of personal hygiene and grooming, and to achieve a more adaptive level of psychosocial functioning, upgraded social skills, and improved personal relationships.

5. Support for an alcohol/drug abuse-free lifestyle provided in an environment conducive to social interaction and the fullest development of the resident’s rehabilitative potential. A program that provides a safe and sober environment for all residents.

6. Assistance to gain and to apply knowledge of the illness/recovery process in an environment supportive of recovery models.

7. A program that promotes community interaction.

d. ADMISSION: The Contractor must have the ability to accommodate immediate admissions 24-hours per day, 7 days per week. All admissions must have concurrence of VA for payment to be authorized.

e. DISCHARGE PLANNING: The Contractor shall participate in the discharge planning process, reflecting a Contractor/VA team assessment of health, social and vocational needs and the involvement of the Veteran, the VA staff and appropriate community resources in resolving problems and setting goals.

f. DOCUMENTATION: Contractor provides daily census to verify services and invoicing. An individual case record will be created for each referred Veteran. Case records shall be maintained in security and confidence as required by all applicable state and federal confidentiality laws, regulations, and policies. Case records and data normally maintained and included in a record as a function of compliance with State or community licensing standards will be made available on a need to know basis to appropriate Department of Veterans Affairs staff members involved with the treatment program of the Veterans concerned. At a minimum, records must contain VA referral documentation, approved treatment plan, and log of Veteran’s stay, and documentation of all services provided to the veteran. In addition, the Contractor will participate in local HUD Continuum of Care efforts and will ensure that all Veterans served are entered into the HUD Homeless Management Information System (HMIS) Registry.

g. OTHER: The contractor shall comply with the principles listed in 38 CFR 17.707(b) to provide housing and supportive services in a manner that is free from religious discrimination.

D. ADDITIONAL CONTRACT REQUIREMENTS

1. KEY PERSONNEL

The contractor will employ sufficient personnel to carry out the policies, responsibilities, and the program for the facility. There must be, as a minimum, at least one administrative staff member, Program Director, or designee of equivalent professional capability (with the authority to make decisions regarding the facility and residents, or with contact information for an offsite administrator in case of emergency), on duty on the premises or residing at the house providing awake supervision of residents 24 hours a day, 7 days a week.

The Contractor shall assign to this contract at least one personnel with a license that is qualified to provide the Basic Services and Supplemental Services such as case management, conflict resolution, etc.

The Contractor must identify each person functioning as “Key Personnel” under this contract and provide to the VA a description of the services to be provided by such person, together with a resume summarizing that person’s relevant skills and experience.

For substitutions of key personnel proposed by the Contractor, the Contractor shall provide resumes for the substitute personnel, together with any other additional information requested by the Contracting Officer, at least 15 days before the substitution is to occur. The Contracting Officer shall notify the Contractor within fifteen (15) calendar days after receipt of all required information if the VA refuses to accept the substitute key personnel. The VA reserves the right to refuse or revoke acceptance of key personnel if personal or professional conduct, or lack of required skills or experience, jeopardizes patient care or interferes with the regular and ordinary operation of the facility.

Temporary substitutions of key personnel shall be permitted in accordance with the Contractor’s contingency plan. The Contractor’s contingency plan to be utilized if personnel leave Contractor’s employment or are unable to continue performance in accordance with the terms and conditions of the resulting contract must be submitted as part of the Contractor’s offer.

TRAINING: All contract staff and subcontractor staff shall complete the following training before beginning work under the contract:

S.A.V.E. Training for Employees

OR

S.A.V.E. Refresher Training

VA 33770

VA30535

Once

Annually after initial S.A.V.E. Training

Privacy and HIPAA Training

VA Privacy and HIPAA Training

Contractors will set up a TMS account and choose the COR as their supervisor. Contractors must provide certificates of completion to the COR for trainings during each year of the contract. Training expires 365 days after the training is taken. This requirement is in addition to any other training that may be required of the contractor and subcontractor(s). The COR for the contract is responsible for ensuring the contractor has access to TMS to take training and to follow up with the annual requirements.

Training must be completed in VA’s TMS system https://www.tms.va.gov/.

The contractor shall provide to the contracting officer and/or the COR a copy of the training certificates for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required.

Failure to complete the mandatory training within the timeframe required, is grounds for removal from work on the contract until such time as the training is complete.

2. REFERRALS

a. The VA is responsible for determining eligibility of Veterans prior to referral to the Contractor for treatment. A written referral (only hard copy or fax are acceptable) signed by an authorized VA ordering officer shall be provided to the Contractor for each Veteran referred for services under the contract. All referrals will be accomplished ONLY with the appropriate VA Release of Information by the veteran to be referred.

b. A list of authorized VA ordering officials for the contract shall be provided to the Contractor upon award of the contract. Ordering officials may be added or deleted from the list during the term of the contract at the discretion of VA Contracting Officer. The Contractor shall be provided an updated list of authorized VA ordering officials whenever such changes are made. It is understood that the Contractor will not be paid for care provided to a referred Veteran beyond the period authorized in the referral, unless an extension of the authorization is provided in writing by the VA.

c. The initial referral period for a Veteran may be up to 180 days, depending upon the needs of the Veteran as mutually determined by the Veteran, the Contractor’s staff, and VA Homeless Program Coordinator or designee. An extension of the referral period may be authorized by the VA Homeless Program Coordinator or designee, provided that funding is available and there is documentation in the veteran’s chart that they are actively working on discharge.

d. It is understood that the Contractor will encourage Veterans to complete their agreed upon recovery plans prior to discharge. Management of program dropout will be an element of quality assurance review of this program.

3. ABSENCES AND CANCELLATION

a. The Department of Veterans Affairs (VA) will pay per diem up to a maximum of 48 consecutive hours for the unscheduled absence or 96 hours for the scheduled absence of a Veteran under the following conditions:

(1) Scheduled Absences. To receive payment, the absence must:

(a) Be pre-planned, consistent with and support the Veteran’s individual service plan (e.g., family reunification, short term medical, substance use disorder (SUD) or psychiatric treatment).

(b) Have the reason documented in the individual Veteran’s case file, treatment record, or service plan.

(c) Not result in the bed being filled by the provider.

(d) Not be for a break or vacation from treatment.

(e) Not be used for extended educational or employment circumstances.

(f) Not be used to create more than 4 consecutive days of absence.

(2) Unscheduled Absences. To receive payment for an unscheduled absence:

(a) The provider must have evidence of active outreach to locate and reengage the Veteran and document the steps taken in the Veterans individual case file, treatment record, or service plan.

(b) The provider may not fill the bed.

(c) The Veteran must be discharged from the HCHV CRS program if not located within 48 hours.

NOTE: An authorized absence, or pass, can be considered for purposes that are expected to further the recovery goals of a Veteran (e.g., job-related absences, family visits, housing searches, medical, etc.) All requests for pass must be submitted in writing by the Veteran to the VA HCHV Liaison through the contractor at least 48 hours prior to the time requested. Authorized absences shall not exceed 48 hours per month per Veteran, unless otherwise approved by the VA HCHV Liaison.

a. VA reserves the right to remove any or all Veterans from the facility at any time, without additional cost, when it is determined to be in the best interest of the VA or the Veteran.

b. Inpatient Hospitalization: The per diem payment may be made to a HCHV LDSH Contractor if a Veteran requires inpatient medical or psychiatric treatment for a period of up to 7 days. The Contractor may not fill the bed during this time and should maintain contact with the HCHV CRS Liaison and the Veteran if authorized.

c. The contractor shall take any actions they deem necessary in the event of a medical emergency. Any action taken must be in compliance with all Federal, State, and local laws, regulations, and ordinances. In the event of a medical emergency that requires hospitalization, the Veteran shall be transported to the closest hospital, preferably a VA facility. The VA will not be liable, responsible, or incur any financial obligation to the contractor or any third party as the result of any actions taken by the contractor under this provision. The contractor shall notify the assigned VA HCHV Liaison immediately when a medical emergency occurs that requires hospitalization of a referred Veteran. The contractor shall notify the VA HCHV Liaison by telephone during the hours of 8:00am and 4:30pm. For all incidents that occur after normal business hours, the contractor should notify the Administrator on Duty (AOD).

4. CONTRACTOR STAFF CONDUCT/COMPLAINTS HANDLING

a. Contractor personnel shall be expected to treat referred Veterans with dignity and respect and shall comply with the VA Patient's Bill of Rights as set forth in 38 CFR 17.34a (copy available at: http://www.va.gov/health/rights/).

b. The VA reserves the right to exclude Contractor staff members from providing services to Veterans under this contract based on breaches of conduct, including conduct that jeopardizes patient care or interferes with the regular and ordinary operation of the facility. Breaches of conduct include intoxication or debilitation resulting from drug use, theft, patient abuse, dereliction or negligence in performing directed tasks, or other conduct resulting in formal complaints by Veterans or other staff members to designated Government representatives. Patient complaints are to be reported to the HCHV Liaison within 24 hours of receipt. The Contractor and Contracting Officer’s Representative shall deal with issues raised concerning contractor personnel conduct. The Contracting Officer shall be the final arbiter on questions of acceptability and in validating complaints.

c. Provider shall develop grievance procedures for staff and residents, if not already in place at time of contract award and shall ensure staff and residents are familiar with the grievance process, as well as patient rights.

d. Failure to comply with the conduct requirements as specified in the contract may result in unfavorable performance ratings and/or contract termination.

5. TRANSPORTATION

a. The Contractor shall assist the Veterans with local transportation to scheduled meetings and appointments related to the recovery plan of the Veteran, including the cost of transportation for Veterans without income. Examples of appointments that may require transportation include, but are not limited to: healthcare appointments, employment or housing opportunity appointments, and appointments for obtaining services related to the Veteran’s recovery, such as with the Department of Social Services. The Contractor shall help the Veteran access public transportation, including providing information and instructions necessary to enable Veterans to utilize public transportation. While it is expected that the majority of transportation needs can be satisfied by public transportation, if VA staff determines that adequate public transportation is not available or appropriate for a Veteran, the Contractor shall arrange for alternative transport by car. It is anticipated that the furthest point a Veteran may require transportation is the Buffalo VAMC, however, the quantity of Veterans requiring travel to this area is expected to be limited.

6. FACILITY

a. It is the responsibility of the Contractor to properly maintain its facilities and the VA shall have no responsibility for paying or reimbursing the Contractor for such expenses. The contract facility must:

1. Have a current occupancy permit issued by the local and state governments in the jurisdiction where the facility is located.

2. Be in compliance with existing standards of State safety codes and local, and/or State health and sanitation codes.

3. Be licensed under State or local authority, as appropriate to the level of care provided.

4. Where applicable, be accredited by the State.

5. Be equipped with operational heating and ventilation systems.

6. Have clean and comfortable environment of care, free of dirt, grime, mold, or other hazardous substances as well as damages that would noticeably detract from the overall appearance and/or create a safety risk.

7. Be equipped with first aid equipment (such as Defibulator, Narcan, bandages) and an evacuation plan.

8. Have windows and doors that can be opened and closed in accordance with manufacturer standards.

9. Keep all outdoor pathways clear of ice, snow and debris to ensure safe access and egress.

10. Provide separate and secure sleeping and bathroom space for male and female Veterans, and when necessary for non-binary or transgender persons.

11. Develop a formal Contingency Plan to identify the contractors’ points of contact and cascade list in preparation for natural disasters, weather-related or other emergency events, as well as to demonstrate how the contractor will provide continued care and services for Veterans. The written plan will be provided to the VA HCHV Liaison or designee within two weeks of contract award.

b. The contractor facility must meet fire safety requirements, as follows:

1. The building must meet the requirements of the applicable residential occupancy chapters of the current version of NFPA 101, National Fire Protection Association's Life Safety Code. Any equivalencies or variances must be approved by the appropriate Veterans Health Administration Veterans Integrated Service Network (VISN) Director.

2. The facility will be configured so that all residents, including those that are mentally and/or physically challenged, will be capable of leaving the building, unaided, in the event of an emergency.

3. Fire exit drills must be held at least quarterly. Residents must be instructed in fire safety and evacuation procedures on admission to the contract facility, including what to do when the primary and/or secondary exits are blocked. A written fire plan for evacuation in the event of fire shall be developed and reviewed annually. The plan shall outline the duties, responsibilities and actions to be taken by the staff and residents in the event of a fire emergency. This plan shall be implemented during fire exit drills.

4. A written policy regarding tobacco smoking and vaping in the facility shall be established and enforced. No smoking or vaping will be allowed anywhere in the facility.

5. Portable fire extinguishers shall be installed at the facility. Use NFPA 10, Portable Fire Extinguishers, as guidance in selection and location requirements of extinguishers.

6. Requirements for fire protection equipment and systems shall be in accordance with NFPA 101. All fire protection systems and equipment, such as the fire alarm system, smoke detectors, and portable extinguishers, shall be inspected, tested and maintained in accordance with the applicable NFPA fire codes and the results documented.

7. The annual inspection by a VA team required by Section 7 – Inspection of Facility and Program shall include a fire and safety inspection conducted at the facility unless a review of past Department of Veterans Affairs inspections or inspections made by the local authorities indicates that a fire and safety inspection would not be necessary, in which case the fire and safety inspection may be waived by the VA. See attached Checklist for Small Residential Board and Care facilities that will be used for inspections. This checklist is subject to change and is included for informational purposes only.

7. INSPECTION OF FACILITY AND PROGRAM

a. Prior to the award of a contract and annually during the contract term, a multidisciplinary VA team consisting of a social worker, dietitian, registered nurse, a representative of the VA Police, and a Facilities Management Safety Officer, and other subject matter experts as determined necessary by the Medical Center Director or HCHV Coordinator shall conduct a survey of the Contractor’s facilities to assure the facility provides quality care in a safe environment, including provision of food, shelter and therapeutic services. Inspections may also be carried out at other times as deemed necessary by the Department of Veterans Affairs. Said inspections may be announced or unannounced. The VA reserves the right to reinspect any part of the program or facility at any time

b. The contractor will be advised of the findings of the inspection team. If deficiencies are noted during any inspection, the contractor will be given a reasonable time (30 days or less; unless there is a life safety finding which must be addressed immediately) to take corrective action and to notify the Contracting Officer that the corrections have been made. A contract will not be awarded until noted deficiencies have been eliminated. Failure by the Contractor to take corrective action within a reasonable time will be reported to the VA Contracting Officer. If corrections are not made to the satisfaction of the VA, the Contracting Officer will consult with the appropriate officials so that suitable arrangements can be made to discontinue plans to award a contract, or to discharge or transfer patients and to terminate the existing contract, as appropriate.

c. The inspection of the Contractor facilities will include inspection for conformity to the current Life Safety Code and will also include the following:

· General observation of residents to determine if they maintain an acceptable level of personal hygiene and grooming.

· Assessment of whether the facility meets applicable fire, safety and sanitation standards.

· Determining whether the facility is in attractive surroundings conducive to social interaction and the fullest development of the resident's rehabilitative potential.

· Observation of facility operations to see if appropriate organized activity programs are available during waking hours (including evenings) and degree that activity is observed in the facility, such as supportive case management, physical activities, assistance with health and personal hygiene.

· Seeking evidence of facility-community interaction, demonstrated by the nature of scheduled activities or by information about resident flow out of the facility, e.g., community activities, volunteers, local consumer services, etc.

· Observation of staff behavior and interaction with residents to determine if they convey an attitude of genuine concern and caring.

· Inspecting the types of meals and other nutrition provided to residents to see if appetizing, nutritionally adequate meals are provided in a setting, which encourages social interaction and if nutritious snacks between meals and bedtime are available for those requiring or desiring additional food, when it is not medically contraindicated.

· Making a spot check of veterans’ records to ensure accuracy with respect to veterans’ length of stay and services provided to the veterans.

d. All Department of Veterans Affairs reports of inspection of residential facilities furnishing residential and case management services to eligible veterans shall, to the extent possible, be made available to all government agencies charged with the responsibility of licensing or otherwise regulating or inspecting such institutions.

8. SERVICE ANIMALS

Only dogs that are trained to do work or perform tasks to assist an individual with a disability are service animals. If a dog is not so trained to assist an individual with a disability, it is not a service animal and must be denied access to VA property. A service animal “in training” is not a service animal and must be denied access to VA property.

When determining whether a dog is a service animal, VA staff cannot ask about an individual’s disability; cannot require medical documentation; cannot require a special identification card or training documentation for the dog; and cannot ask that the dog demonstrate its ability to perform the work or task. When it is not obvious that a dog is a service animal, VA staff may only ask the individual with a dog the following two questions to determine if the dog is a service animal:

1. Is your dog a service animal required because of a disability?

2. What work or tasks has your dog been trained to perform?

9. QUALITY ASSURANCE SURVEILLANCE PROGRAM (QASP)

A Quality Assurance Surveillance Plan (QASP) is a systematic method to evaluate performance for the stated contract. The QASP identifies what is going to be inspected, the inspection process and who will do the inspecting. The results of those inspections will then be used to document contractor performance. The contractor should meet or exceed acceptable quality levels outlined in this section. If any portion of the requirement is not met and/or the acceptable quality level in any of the elements in this section are not maintained, the contractor will be notified by the Contracting Officer for response outlining the contractor’s proposed remedy.

a. Task: Housing Program and Management Standard: Program provides a safe and sober environment for all residents.

Acceptable Quality Level: 100% Surveillance Method: Direct Observation; Periodic inspection Frequency: Quarterly

b. Task: Housing Program and Management Standard: Program ensures the safety and privacy of Veterans with a clean and comfortable environment of care, including: a designated bed for each Veteran; safe and secure storage for belongings; laundry facilities.

Acceptable Quality Level: 90% Surveillance Method: Direct Observation; Periodic inspection Frequency: Quarterly

c. Task: Housing Program and Management Standard: Program provides appetizing, nutritionally adequate meals three times per day and snacks between meals and at bedtime; all food is stored, handled and served in a safe and sanitary manner that meets accepted industry standards and guidelines.

Acceptable Quality Level: 90% Surveillance Method: Direct Observation; Periodic inspection Frequency: Quarterly

d. Task: Staffing and Supportive Services Standard: Contractor provides a full-time administrative staff member or Program Director on duty and on-site and available for emergencies 24 hours per day, 7 days per week.

Acceptable Quality Level: 100% Surveillance Method: Random sampling of contractor staffing records Frequency: Quarterly

e. Task: Staffing and Supportive Services Standard: Contractor shall assign to this contract at least one personnel with a license that is qualified to provide the Basic Services and Supplemental Services such as case management, conflict resolution, etc.

Acceptable Quality Level: 90% Surveillance Method: Random sampling of contractor staffing records Frequency: Quarterly

f. Task: Staffing and Supportive Services Standard: Contractor must provide staffing sufficient to ensure a safe and secure environment for all residents; as evidenced by policy Acceptable Quality Level: 100% Surveillance Method: Random sampling of contractor staffing records Frequency: Quarterly

g. Task: Staffing and Supportive Services Standard: Contractor provides coordinated case management and Therapeutic and Rehabilitation to include psychosocial assessment and individual service planning; assisting Veterans with appointments, paperwork and linkages to needed resources and transportation to appointments.

Acceptable Quality Level: 90% Surveillance Method: Random sampling of Veteran case management records Frequency: Quarterly

E. GOVERNMENT RESPONSIBILITIES

a. CONTRACTING OFFICER (CO)

The CO is the only person authorized to approve changes or modify any of the requirements of this contract. The contractor shall communicate with the CO on all matters pertaining to contract administration. Only the CO is authorized to make commitments or issue any modification to include (but not limited to) terms affecting price, quantity or quality of performance of this contract.

The CO shall resolve complaints concerning contractor’s relations with the Government employees or patients. The CO is final authority on validating complaints. In the event the contractor effects any such change at the direction of any person other than the CO without authority, no adjustment shall be made in the contract price to cover an increase in costs incurred as a result thereof.

In the event that contracted services do not meet quality and/or safety expectations as determined by the CO, the best remedy will be implemented, to include but not limited to a targeted and time limited performance improvement plan; increased monitoring of the contracted services; consultation or training for the contract staff to be provided by the VA; replacement of the contract staff and/or renegotiation of the contract terms or termination of the contract.

b. CONTRACTING OFFICER’S REPRESENTATIVE (COR)

The COR shall be the VA official responsible for verifying contract compliance. After contract award, any incidents of contractor or contractor’s personnel noncompliance as evidenced by the monitoring procedures shall be forwarded immediately to the CO.

The COR will be responsible for monitoring the contractor staff performance to ensure all specifications and requirements are fulfilled.

The COR will maintain a record-keeping system of services by reviewing the QASP and invoices submitted by the contractor. The COR will review this data monthly when invoices are received and certify all invoices for payment. Any evidence of the contractor's non-compliance shall be forwarded immediately to the CO.

The COR will review and certify monthly invoices for payment. If in the event the contractor fails to provide the services in this contract, payments will be adjusted to compensate the Government for the difference.

All contract administration functions will be retained by the VA

c. CONTRACT ADMINISTRATION

After award of contract, all inquiries and correspondence relative to the administration of the contract shall be addressed to:

Contracting Officer (CO): Cheryl Whitton Cheryl.Whitton@va.gov Contracting Officer's Representatives (COR):

Arielle McGuigan Arielle.Mcguigan@va.gov 585-319-6675

F. HEALTH AND HUMAN SERVICES (HHS) /OFFICE OF THE INSPECTOR GENERAL (OIG) /ENTITIES CHECK To ensure that the individuals providing services under the contract have not engaged in fraud or abuse regarding Sections 1128 and 1128A of the Social Security Act regarding federal health care programs, the Contractor is required to check the Health and Human Services – Office of Inspector General, List of excluded individuals/entities on the OIG website (www.hhs.gov/oig) for each person providing services under the contract. Further the Contractor is required to certify in its proposal that all persons listed in the Contractor’s proposal have been compared against the OIG list and are not listed. During the performance of this contract the Contractor is prohibited from using any individual or business listed on the List of Excluded Individual/Entities.

G. INDEMNIFICATION, COMPLAINTS, TORT CLAIMS, AND LAWSUITS

The Contractor will indemnify and save harmless the United States, its agents and employees against any and all loss, damage, claim, or liability whatsoever, due to personal injury or death, or damage to property of others directly or indirectly arising from this contract or resulting from any act or omission of the Contractor or the Contractor’s employees, including failure to comply with any obligation of this Contract. The Federal Tort Claims Act does not apply to the Contractor or the Contractor’s employees. It is the sole responsibility of the Contractor to defend and otherwise respond to any type of legal process initiated against the Contractor or the Contractor’s employees pertaining directly or indirectly to any matter arising from this contract; and to bear all costs, expenses, and liabilities incurred from such legal proceeding. The contractor will notify the VA immediately of any written complaint, claim, or notice of any type of legal proceeding made by or on behalf of a veteran regarding care, treatment or service provided under this contract. The Contractor will fully cooperate with the VA in any response or action that the VA deems warranted addressing the matter.

H. PERSONNEL POLICY

The Contractor shall assume full responsibility for the protection of its personnel furnishing services under this contract. To carry this out the Contractor shall provide the following for these personnel: