36C24418Q0128-003.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER

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 53

36C24418Q0128

6. SOLICITATION ISSUE

DATE

01-17-2017

L. Adam Bryson 215-823-5800 x 3778 02-15-2018

4:00 PM

00244 Department of Veterans Affairs Network Contracting Office 4

X 100

X

623220

$15 Million

X

N/A

X

Wilkes-Barre VA Medical Center 1111 East End Blvd.

Wilkes-Barre PA 18711

00244

Department of Veterans Affairs Network Contracting Office 4

Austin Payment Center

PO Box 149971 Austin TX 78714-9971

(877) 353-9791 (512) 460-5429

See CONTINUATION Page

It is the intent of the government to award a FFP multi-year requirements contract for Healthcare for Homeless Veterans services as outlined in the PWS in accordance with FAR Parts 12, 13.5, 16.503, and 17.1.

This procurement is being completed in accordance with FAR

13.5. Any reference to FAR 15 is unintended and the vendor

should seek clarification from the Contracting Officer.

See CONTINUATION Page

X X

X 1

Frederick C. Hilliard

36C24418Q0128

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN

2011)

B.3 SUBCONTRACTING COMMITMENTS--MONITORING AND COMPLIANCE (JUN

2011)

B.4 PRICE/COST SCHEDULE

ITEM INFORMATION

B.5 PERFORMANCE WORK STATEMENT

SECTION C - CONTRACT CLAUSES

C.1 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)

C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2017)

C.3 52.216-21 REQUIREMENTS (OCT 1995)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

E.2 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

ITEMS (JAN 2017)

E.3 52.216-1 TYPE OF CONTRACT (APR 1984)

E.4 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.5 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-

OWNED SMALL BUSINESS EVALUATION FACTORS (JUL 2016)(DEVIATION)

E.6 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

(JAN 2008)

E.7 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (JAN 1998)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

(continuation from Standard Form 1449, block 18A.)

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C244

Network Contracting Office 4

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

[] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or [] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other []

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.

Austin Payment Center

PO Box 149971

Austin TX 78714-9971

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

AMENDMENT NO DATE

B.2 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND

COMPLIANCE (JUN 2011)

This solicitation includes FAR 52.219-14 Limitations on Subcontracting. Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO 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. 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 CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. 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 CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

B.3 SUBCONTRACTING COMMITMENTS--MONITORING AND

COMPLIANCE (JUN 2011)

This solicitation includes VAAR 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, and VAAR 852.215-71, Evaluation Factor Commitments.

Accordingly, any contract resulting from this solicitation will include these clauses. The contractor is advised in performing contract administration functions, the CO 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. 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 CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. 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 CO to assess the contractor compliance with the subcontracting commitments.

B.4 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVIC

ES

QUANTIT

Y

UNI

T UNIT PRICE AMOUNT

0001 Provide Health Care for Homeless Veterans (HCHV) Services in accordance with the Performance Work Statement (PWS) for the Wilkes-Barre Veteran Affairs Medical Center

(WBVAMC).

Contract Period: Base POP Begin: 02-18- POP End: 02-17-2019

12.00 MO ________________

1001 Provide Health Care for Homeless Veterans (HCHV) Services in accordance with the Performance Work Statement (PWS) for the Wilkes-Barre Veteran Affairs Medical Center

(WBVAMC).

Contract Period: Base POP Begin: 02-18- POP End: 02-17-2020

2001 Provide Health Care for Homeless Veterans (HCHV) Services in accordance with the Performance Work Statement (PWS) for the Wilkes-Barre Veteran Affairs Medical Center

(WBVAMC).

Contract Period: Base

12.00 MO ________________

POP Begin: 02-18- POP End: 02-17-2021

3001 Provide Health Care for Homeless Veterans (HCHV) Services in accordance with the Performance Work Statement (PWS) for the Wilkes-Barre Veteran Affairs Medical Center

(WBVAMC).

Contract Period: Base POP Begin: 02-18- POP End: 02-17-2023

4001 Provide Health Care for Homeless Veterans (HCHV) Services in accordance with the Performance Work Statement (PWS) for the Wilkes-Barre Veteran Affairs Medical Center

(WBVAMC).

Contract Period: Base POP Begin: 02-18- POP End: 02-17-2024

GRAND TOTAL ________________

B.5 PERFORMANCE WORK STATEMENT

1. PURPOSE: The Department of Veterans Affairs (VA) Medical Center in Wilkes-Barre requires contractors to provide services as part of its Community Based Health Care for Homeless Veterans (HCHV) program. The goal of the HCHV program is to remove homeless Veterans from the street or habitation unfit for Veterans and place them in community-based, residential environments with sufficient therapeutic services to meet their needs. The anticipated contract will be a 5 year multi-year contract.

2. BACKGROUND: 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, treatment and rehabilitative services to veterans suffering from serious mental illness, including veterans who are homeless, in community-based treatment facilities offering a safe and secure environment that supports their rehabilitation goals. The contractor shall provide therapeutic and rehabilitative services, but will not be required to provide detoxification or other hospital level treatment – those services will be provided by the VA at VA facilities. The contractor needs to be located no more than 50 miles from the main VA Medical Center in Wilkes-Barre. In order for the Veterans to receive the specialized medical and mental health services they require. The homeless Veteran population typically requires podiatry and dentistry services which can only be provided at the main facility. Also the social workers, who coordinate services and provide major support for these Veterans, must meet with them on a monthly basis at minimum. In the interest of effective time management, the social worker cannot travel farther than 50 miles from the main facility, on a regular basis, to meet with these Veterans.

3. SERVICES TO BE PROVIDED

3.1. BASIC SERVICES. The contractor shall make available at least seven (7) beds for WBVAMC

Veterans. The contractor shall be able to either accommodate registered sex offenders or provide alternative accommodations for registered sex offenders. The contractor shall furnish each Veteran referred for care under this contract with the following basic services:

3.1.1. ROOM AND BOARD: Room and Board to include a bed and other furnishings such as a dresser, storage, and personal linens (towels and bed sheets). Meals to include at least two

(2) nutritionally adequate meals a day, seven (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.

3.1.2. LAUNDRY FACILITIES: Laundry facilities for residents to do their own laundry or to have laundry done.

3.1.3. 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 Homeless Program Coordinator (or designee). Services which the contractor must be able to furnish shall include:

3.1.3.1. Structured group activities as appropriate – examples include group therapy, social skills training, Alcoholics Anonymous, Narcotics Anonymous, vocational counseling and physical activities as appropriate.

3.1.3.2. Collaboration with the VA program staff, which will provide supportive psychosocial services.

3.1.3.3. Individual professional counseling, including counseling on self-care skills, adaptive coping skills and, as appropriate, vocational rehabilitation counseling, in collaboration with VA program and community resources.

3.1.3.4. 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.

3.1.3.5. 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.

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

3.1.3.7. A program that promotes community interaction.

3.1.4. In addition, the contractor shall provide treatment and discharge planning reflecting a 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.

3.1.5. The contractor shall create an individual case record for each referred Veteran. The contractor shall maintain the case records in security and confidence as required by the Confidentiality of Alcohol and Drug Abuse Patient Records (42 CFR Part 2) and the Confidentiality of Certain Medical Records (38 USC 7332). Case records and data normally maintained and included in a medical 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.

3.1.6. The contractor shall comply with applicable requirements of the Confidentiality of Alcohol and Drug Abuse Patient Records (42 CFR Part II) and the Confidentiality of Certain Medical Records (38 USC 7332).

3.1.7. 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.

4. SUPPLEMENTAL SERVICES. Unless specifically excluded in this contract, the per diem rate established will include the services listed in this document and will also include all services or supplies normally provided other patients by the facility without extra charge.

5. ADDITIONAL CONTRACT REQUIREMENTS

5.1. PERSONNEL

5.1.1. The contractor shall 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, or designee of equivalent professional capability, on duty on the premises or residing at the house and available for emergencies twenty-four (24) hours a day, seven (7) days a week.

5.1.2. The contractor shall assign to this contract personnel that by education and training (and, when required, certification or licensure) are qualified to provide the Basic Services and Supplemental Services required by this SOW.

5.2. REFERRALS

5.2.1. The VA is responsible for determining eligibility of Veterans prior to referral to the contractor for treatment. A written referral (hard copy, fax or e-mail are acceptable) signed by an authorized VA ordering officer will be provided to the contractor for each Veteran referred for services under the contract.

5.2.2. A list of authorized VA ordering officials for the contract will 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 the Contracting Officer’s Technical Representative. The contractor will be provided an updated list of authorized VA ordering officials whenever such changes are made.

5.2.3. 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 by the VA.

5.2.4. The initial referral period for a Veteran may be for a period up to ninety (90) 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 up to a total of six (6) months may be authorized by the VA Homeless Program Coordinator or designee, provided that funding is available.

5.3. ABSENCES AND CANCELLATION

5.3.1. The contractor shall notify the VA of unauthorized absences by a referred Veteran from the facility. Should a Veteran absent himself/herself from the contractor’s facility in an unauthorized manner, payment for services for that Veteran will be continued for a maximum period of two (2) days, provided there is an active outreach attempt on the part of the contractor’s staff to return the Veteran to the facility and there is a reasonable belief that the Veteran will return. Management of program dropout will be an element of quality assurance review of this program. Absences of the Veteran from the facility in excess of two

(2) days will not be reimbursable unless authorized in advance by the VA Homeless Program Coordinator.

5.3.2. 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.

5.4. MEDICAL EMERGENCIES: The contractor shall notify the authorizing VA facility immediately when a medical emergency occurs that requires hospitalization of a referred Veteran. It is agreed that the Veteran will be admitted to the appropriate VA facility. When such admission is not feasible because of the nature of the emergency, it is agreed that hospitalization in a non-federal hospital may be accomplished provided that VA authorization is obtained. The contractor shall arrange transportation in the event of a medical emergency. If hospitalization of a non-emergency nature is required, the contractor shall provide transport to the appropriate VA facility promptly. The contractor shall notify the VA of all medical treatments for referred Veterans, contact information to be provided upon award.

5.5. INCIDENTS: The contractor shall notify the authorizing VA facility immediately of any incidents involving veterans residing in the residential program. The contractor shall notify the VA case manager by telephone during the hours of 8:00am and 4:30pm. For all incidents that occur after normal business hours, the contractor shall notify the Administrator on Duty (AOD), contact information to be provided after award. The contractor shall provide the HCHV case manager and the COTR with a copy of the incident report within twenty-four (24) hours. The contractor shall maintain a copy of the incident report in the Veteran’s case record.

5.6. CONTRATOR STAFF CONDUCT/COMPLAINTS HANDLING

5.6.1. Contractor personnel shall treat referred Veterans with dignity and respect, and abide by standards of conduct mirroring those prescribed by current federal personnel regulations.

The contractor shall comply with the VA Patient's Bill of Rights as set forth in 38 CFR 17.33.

5.6.2. 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. The contractor and Contracting Officer’s Technical 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.

5.7. TRANSPORTATION: The contractor shall assist the Veterans with local transportation with a twenty-five (25) mile radius of the contractor’s facility to scheduled meetings and appointments.

The contractor shall help the Veteran access public transportation, including providing information and instructions necessary to enable Veterans to utilize 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.

5.8. FACILITY

5.8.1. The contractor shall properly maintain its facilities, and the VA shall have no responsibility for paying or reimbursing the contractor for such expenses. The contract facility shall:

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

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

State health and sanitation codes.

5.8.1.3. Be licensed under State or local authority as a personal care home

5.8.1.4. Be accredited by the State

5.8.1.5. Be equipped with operational air conditioning /heating systems

5.8.1.6. Be kept clean free of dirt, grime, mold, or other hazardous substances and damaged noticeably detract from the overall appearance.

5.8.1.7. Be equipped with first aid equipment and an evacuation plan in case of emergency.

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

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

5.8.2.1. The building shall 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.

5.8.2.2. All residents in the facility shall be mentally and physically capable of leaving the building, unaided, in the event of an emergency

5.8.2.3. Fire exit drills shall be conducted not less than 6 times per year on a bi-monthly basis with not less than 2 drills held at night. Residents shall be instructed in evacuation procedures when the primary and/or secondary exits are blocked. A written fire plan for evacuation in the event of fire shall be developed by the contractor 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.

5.8.2.4. A written policy regarding tobacco smoking in the facility shall be established and enforced.

5.8.2.5. Portable fire extinguishers shall be installed at the facility. The contractor shall use NFPA 10, Portable Fire Extinguishers, as guidance in selection and location requirements of extinguishers.

5.8.2.6. 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.

5.8.2.7. The annual inspection by a VA team required by SOW Section E Paragraph i 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.

5.9. INSPECTION OF FACILITY AND PROGRAM

5.9.1. 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 will conduct a survey of the contractor’s facilities to be used to provide Veterans food, shelter, and therapeutic services to assure the facility provides quality care in a safe environment.

Inspections may also be carried out at such other times as deemed necessary by the VA.

5.9.2. 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 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 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.

5.9.3. The inspection of the contractor facilities will include inspection for conformity to the current Life Safety Code as described in paragraph 6 and will also include the following:

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

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

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

5.9.3.4. Observation of facility operations to see if appropriate organized activity programs are available during waking hours (including evenings) and degree to which a high level of activity is observed in the facility, such as individual professional counseling, physical activities, assistance with health and personal hygiene.

5.9.3.5. 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.

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

5.9.3.7. 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.

5.9.3.8. Inspection by VA Nursing staff of nursing procedures including medication management and infection control.

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

5.9.4. All Department of Veterans Affairs reports of inspection of residential facilities furnishing treatment and rehabilitation 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. See attached below inspection evaluation surveys:

6. CONTINUITY OF SERVICES: The contractor shall ensure sufficient staffing and resources to provide all required services and support through the term of the contract.

7. POST AWARD CONFERENCE: The contractor shall not commence contract performance until the Contracting Officer (CO) has conducted a post award conference, or has advised the contractor that a kick off meeting is waived.

8. CONTRACT ADMINISTRATION:

8.1. Government

8.1.1. Contracting Officer (CO): The CO has the overall responsibility for the Administration of this contract. He/she alone, without delegation, is authorized to take actions on behalf of the Government to: amend, modify or deviate from the contract terms, conditions requirements, specifications, detains and/or delivery schedule; make final decisions on disputed deductions from contract payment for non-performance; terminate the contract for convenience or default; issue final decisions regarding contract questions or matters under dispute. However, he/she may delegate certain other responsibilities to his/her authorized technical representative(s).

8.1.2. Contracting Officer’s Representative (COR): A COR will be designated to handle the day-to-day operation of the contract. The responsibilities of the COR include but are not limited to:

determining the adequacy of performance by the Contractor or accordance with the terms and conditions of this contract; acting as the Government’s representative to ensure compliance with contract requirements; advising the Contractor of nonperformance or unsatisfactory performance; and advising and documenting to the Contracting Officer of any issues regarding non-performance, noncompliance or elements of any issues that affect deductions. A designation letter naming the COR and his/her duties will be provided after award.

8.2. Contractor: After receipt of contract award, the contractor shall provide the name and telephone number of an individual to act as his/her representative. The designated representative shall be responsible for the administration and coordination of this contract and shall be available to respond to questions/requests Monday through Friday from 8:00 a.m. to 4:30 p.m.

9. CONFLICT OF INTEREST: The Contractor and/or sub-contractor shall not employ any person who is an employee of the United States Government if the employment of that person would create a conflict of interest. The Contractor and/or sub-contractor shall not employ any person who is an employee of the Department of Veterans Affairs, unless such person seeks and receives approval in accordance with applicable policy.

10. CONTRACTOR PERSONNEL SECURITY REQUIREMENTS:

10.1. All Contractor employees who require access to personal information protected by the

Privacy Act of 1974 shall be the subject of a background investigation. This requirement is applicable to all subcontractor personnel requiring the same access. The Department of Veterans Affairs Memorandum dated February 8th, 2007 (10N) provides additional guidance and clarification specific to Contractors’ investigations. In all cases, access (physical and computer) cannot be granted until officially notified by Security Investigations Center (SIC), Little Rock, Arkansas. Access can be granted prior to receiving final adjudication results.

10.1.1. Position Sensitivity – The position sensitivity for each Contractor position is determined by the VA utilizing the Position Designation System and Automated Tool (PDAT). Each position will be designated at the high, moderate, or low risk level, depending on the position’s potential for adverse impact to the integrity and efficiency of the services (CFR 731.106). Risk levels determine what level of investigation is required. Note: The Department of Veterans Affairs (VA) Personal Identity Verification (PIV) Program Office began implementing the rollout of the PIV Program across the enterprise to more than 200 VA sites in 2009. This new policy will most likely require all contractors to be fingerprinted at a minimum, regardless of their position at VA.

10.1.2. Background Investigation - The level of background investigation commensurate with the required level of access may be either a Special Agreement Check (SAC), National Agency Check with Written Inquiries (NACI) (low risk), Moderate Background Investigation (MBI) (moderate risk), or Background Investigation (high risk). Non-citizen contract personnel appointed to low risk positions will be subject to a National Agency Check with Law Enforcement and Credit Check (NACLC).

10.1.3. Contractor Responsibilities:

10.1.3.1. The Contractor shall bear the expense of the background investigation(s), regardless of the final adjudication determination.

10.1.3.2. The Contractor shall prescreen all personnel requiring access to the computer systems to ensure they are able to read, write, speak, and understand the English language.

10.1.3.3. The Contractor employees shall download, complete, and mail the documents required for any risk positions within forty (40) calendar days of receipt of e-mail or the investigation will be cancelled. E-mail notifications will be received by the Contractor from the VA Security Investigations Center (SIC) explaining specific instructions once an investigation has been ordered. Access to the VA cannot be granted until the SIC has received all the required documents from the Contractor. Documents and instructions can be downloaded from the following website:

http://www.va.gov/vabackground_investigations.

10.1.3.3.1. The link above is the VA's Security Investigations Website. Select (left side of the screen) the link for the level of investigation (low, medium, or high) that is listed on the SIC email message. Example Low Risk = Low Risk Contractor Position.

10.1.3.3.2. The different levels of investigation required forms are as follows: Low Risk/NACI - SF85, OF 306 and Fingerprints Moderate Risk/MBI - SF85P and Fingerprints High Risk/BI - SF85P and Fingerprints All forms must be completed entirely and properly. The continuation form should only be used if the employee requires extra space.

10.1.3.3.3. The employee must be fingerprinted as part of an investigation.

Electronic fingerprinting can be performed at the nearest VA Medical Center.

Please contact the Contracting Officer so he/she can make arrangements. The VA uses electronic fingerprint machines which require the employee to fill out the Electronic Fingerprint Verification Letter on the VA's Security Investigations Website. If electronic fingerprinting is not feasible, please contact the local police department or sheriff’s office. If you choose to utilize the local police department or sheriff’s office, you must use the FD 258 fingerprint cards which must be requested from the SIC. (Fingerprint cards are not mailed unless requested.)

The hard fingerprint card or verification letter must be included in the same package with all the other forms when sent to the Security Center for processing. Do not send packages without the hard card prints or verification letter, or the package will be returned.

10.1.3.3.4. When the entire package is complete, please mail it to the address listed below. Do not leave the package with a VA Human Resources Department.

Please ensure when mailing the completed package that a traceable method (Fedex, DHL, etc.) is utilized. Allow seven (7) days for SIC processing prior to contacting the SIC Office. VA Security and Investigation Center Attention:

Contracting Team 2200 Fort Roots Drive, Bldg. 192 North Little Rock, AR 72114 Please feel free to contact the SIC at 501-257-4490 or email vhalitsiccontracting@va.gov with any questions during this process.

10.1.3.4. The Contractor, when notified of an unfavorable determination by the Government, will withdraw the employee from consideration from working under the contract.

10.1.3.5. Failure to comply with the Contractor personnel security requirements shall result in termination of the contract for default.

10.1.3.6. Upon contract award, the Contractor shall furnish the Information Security Office and the Contracting Officer a list of personnel performing work on the contract. The list will include a brief description of the work to be performed and degree of access to information management systems required. The description of the required degree of access will address if remote access is required. The Contractor will update and submit the list of personnel performing work on the contract to the Information Security Office every year, throughout the contract period. Furthermore, it is the Contractor's responsibility to notify the Information Security Office immediately when personnel performing work under this contract no longer require access to information management systems.

10.1.4. Government Responsibilities:

10.1.4.1. Upon receipt, the VA Office of Security and Law Enforcement will review the completed forms for accuracy and forward the forms to OPM to conduct the background investigation.

10.1.4.2. The VA facility will pay for investigations conducted by the Office of Personnel Management (OPM) in advance. In these instances, the Contractor will reimburse the VA facility within 30 days of receiving the Bill of Collections.

http://www.va.gov/vabackground_investigations

10.1.4.3. The VA Office of Security and Law Enforcement will notify the contracting officer and Contractor after adjudicating the results of the background investigations received from OPM.

10.1.4.4. The contracting officer will ensure that the Contractor provides evidence that investigations have been completed or are in the process of being requested.

10.2. Contractor personnel performing work under this contract shall satisfy all requirements for appropriate security eligibility in dealing with access to sensitive information and information systems belonging to or being used on behalf of the Department of Veterans Affairs. The Contractor will be responsible for the actions of those individuals they provide to perform work for the VA under this contract. In the event that damages arise from work performed by Contractor provided personnel, under the auspices of this contract, the Contractor will be responsible for all resources necessary to remedy the incident. Printed output containing sensitive VHA data will be stored in a secured area, and disposed of properly by shredding using a NIST-compliant shredder or other VA approved method. Under the provisions of the Privacy Act of 1974 as amended, personnel performing work under this contract have an obligation to protect VA information indefinitely. Furthermore, it is the Contractor's responsibility to notify the Information Management staff when access to Information Management systems is no longer needed by personnel performing work under this contract.

10.3. Contractor employees are required to complete the online training classes entitled “VA Information Security Awareness” and “VHA Privacy Policy.” A certificate of successful completion will be generated for each course. Copies of the certificates shall be faxed to the Information Security Officer, contact information to be provided after award, and to the COR.

Completion of these training courses is required on an annual basis based on the VA’s fiscal year.

10.4. If deemed required under this agreement, the Contractor shall be considered part of the Department of Veterans Affairs (VA) for purposes of 38 U.S.C. §§ 5701 and 7332. Its employees may have access to patient medical records to the extent necessary to perform this contract.

Notwithstanding any other provision of this agreement, the Contractor and its employees may disclose patient records and individually-identified patient information, including information and records generated by the Contractor in performance of this agreement, only pursuant to explicit disclosure authority from VA.

10.5. The VA may provide Contractor and subcontractor employees with access to VA automated patient records maintained on VA computer systems only to the extent and under the same conditions and requirements as VA provides access to these records to its own employees.

10.6. All Contractor personnel and any subcontracted employees, if applicable, accessing the VISTA system will be required to sign and abide by all VA security policies, and applicable VA confidentiality statutes, 38 U.S.C. §5701, 38 U.S.C. §7332, and the Privacy Act, 5 U.S.C. §552a, as well as 45 C.F.R. Parts 160, 162 and 164 (Health Insurance Portability and Accountability Act). The VA will provide access applications and security agreements. Contractor shall ensure the confidentiality of all patient information and shall be held liable in the event of the breach of confidentiality. Due to the confidential nature of medical reports, all transcription must be completed in areas that provide reasonable security. All documents are confidential and are protected under the Privacy Act of 1974, as amended. All vendor personnel shall be required to observe the requirements imposed on sensitive data by law, federal regulations, VA statutes and policy, DM&S policy and the associated requirements to insure appropriate screening of personnel.

10.7. If deemed required under this agreement, the database utilized by the Contractor, the adverse drug event reports provided to the Contractor by VA, and documents created from analyzing this database, the adverse drug event reports, and patient medical records are medical quality assurance records protected by 38 U.S.C. § 5705, its implementing regulations at 38 U.S.C. §§ 17.500-.511 and VHA Directive 2002-043, Quality Management (QM) And Patient Safety Activities That Can Generate Confidential Documents. These records may be disclosed only as authorized by § 5705 and the VA regulations. Disclosure of these records in violation of § 5705 is a criminal offense under 38 U.S.C. § 5705(e).

10.8. If deemed required under this agreement, the treatment and administrative patient records created by, or provided to, the Contractor under this agreement are covered by the VA system of records entitled "Patient Medical Records - VA (24VA136).

10.9. All quality data maintained by the Contractor and/or its employees shall be shared with designated Service Line Staff.

10.10. No VA data is permitted to be stored on portable media, including but not limited to flash drives, CDs/DVDs, external hard drives, etc., without obtaining a waiver. Waiver request forms can be obtained from the VAPHS Information Security Officer. Any portable media which is granted approval to be utilized by the Contractor under this contract must be encrypted in accordance with the security requirements identified in FIPS 140-2. Only flash drives and encryption software explicitly approved by the VA may be used if granted a waiver.

10.11. No VA data is permitted to be stored on a desktop or laptop computer hard drive. Use of any portable computer under this contract must be approved by the ISO, and the computer’s hard drive must be encrypted in accordance with FIPS 140-2.

10.12. Non-VA equipment is not permitted to be connected to the VA network without prior approval. If unapproved equipment is detected, it will be immediately disconnected from the network.

SECTION C - CONTRACT CLAUSES

FAR

Number

Title Date

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

ITEMS

JAN 2017

52.217-2 CANCELLATION UNDER MULTI-YEAR CONTRACTS OCT 1997

52.219-14 LIMITATIONS ON SUBCONTRACTING JAN 2017

52.222-41 SERVICE CONTRACT LABOR STANDARDS MAY 2014

52.222-43 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT

LABOR STANDARDS—PRICE ADJUSTMENT (MULTIPLE

YEAR AND OPTION CONTRACTS)

MAY 2014

852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS NOV 2012

C.1 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL

2013)

(a) Definitions. As used in this provision—

"Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

"Federal contracts and grants with total value greater than $10,000,000" means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

"Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

(End of Provision)

C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS

(JAN 2017)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

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

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

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

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

[] (2) 52.203-13, Contractor Code of Business Ethics and…