36C24725Q0911.pdf

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

36C24725Q0911 12-04-2025

Matthew Minnick matthew.minnick2@va.gov 912-961-5826 x415826 12-15-2025

10:00 EST

Matthew Durden

Department of Veterans Affairs

Ralph H. Johnson VA Medical Center

109 Bee Street

Charleston SC 29403-5799

X 100

X

624229

$19 Million

N/A

See Delivery Schedule

Ralph H. Johnson VA Medical Center

109 Bee Street

Charleston SC 29403-5799

FMS-VA-2(101)

Financial Services Center

PO Box 149971

Austin TX 78714-9971

See CONTINUATION Page

TRANSITIONAL HOUSING

FOR THE BIRMINGHAM VA HEALTHCARE SYSTEM

*Birmingham, AL - Jefferson County*

SEE PERFORMANCE WORK STATEMENT FOR SPECIFICATIONS

Five Year ID/IQ Contract: 03/01/2026 - 02/28/2031

Pricing Period One: 3/1/2026 - 2/28/2027

Pricing Period Two: 3/1/2027 – 2/28/2028

Pricing Period Three: 3/1/2028 – 2/28/2029

Pricing Period Four: 3/1/2029 – 2/28/2030

Pricing Period Five: 3/1/2030 – 2/28/2031

The guaranteed minimum under this contract is $5,000.00 for the initial fiscal year in which this contract is awarded.

The contract's stated maximum or ceiling is $1,000,000.00.

Individual Task Orders will be issued each year of performance. The current wage determination will be at the Task Order level. Wage Determination: 2015-4591

See CONTINUATION Page

X ONE

Contracting Officer

36C24725Q0911

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (NOV 2023)

C.2 52.216-18 ORDERING (AUG 2020)

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.4 52.216-22 INDEFINITE QUANTITY (OCT 1995)

C.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.6 52.232-18 AVAILABILITY OF FUNDS (APR 1984)

C.7 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)

(DEVIATION)

C.8 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-

DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)

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

2018)

C.10 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

C.11 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.12 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (OCT 2025) (DEVIATION FEB 2025)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (SEP 2023)

E.2 52.201-1 ACQUISITION 360: VOLUNTARY SURVEY (SEP 2023)

E.3 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.4 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS

AND CERTIFICATIONS (NOV 2025) (DEVIATION)

E.5 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.6 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.7 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.8 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION FEB 2025)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer

Department of Veterans Affairs

Ralph H. Johnson VA Medical Center

109 Bee Street

Charleston SC 29403-5799

2. 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, or

[X] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Monthly

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.

Addendum to VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(NOV 2018)

Payment will be made upon receipt of a properly prepared detailed invoice, prepared by the

Contractor and submitted through Tungsten Network (formerly known as OB10) http://www.tungsten-network.com/us/en/. A properly prepared invoice shall contain:

Invoice Number and Date

Contractor’s Name and Address

Accurate Purchase Order Number

Supply or Service provided

Period Supply or Service Provided

Total Amount Due

b. Please begin submitting your electronic invoices through the Tungsten Network for payment processing, free of charge.

c. If you have questions about the e-invoicing program or Tungsten Network, contact information is as follows:

• Tungsten e-Invoice Setup Information: 1-877-489-6135

• Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com

• FSC e-Invoice Contact Information: 1-877-353-9791

• FSC e-invoice email: vafsccshd@va.gov

d. Web Address: HTTP://WWW.FSC.VA.GOV/EINVOICE.ASP

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1,460.00 EA __________________ __________________

Health Care for Homeless Veterans (HCHV) Contract Residential Services (CRS) Up to 4 Beds per Day, or 1,460 Beds per Year.

Contract Period: Ordering Period 1 POP Begin: 03-01-2026 POP End: 02-28-2027

Contract Residential Services (CRS) Up to 4 Beds per Day, or 1,460 Beds per Year.

Contract Period: Ordering Period 2 POP Begin: 03-01-2027 POP End: 02-29-2028

Contract Residential Services (CRS) Up to 4 Beds per Day, or 1,460 Beds per Year.

Contract Period: Ordering Period 3 POP Begin: 03-01-2028 POP End: 02-28-2029

Contract Residential Services (CRS) Up to 4 Beds per Day, or 1,460 Beds per Year.

Contract Period: Ordering Period 4 POP Begin: 03-01-2029 POP End: 02-28-2030

Contract Residential Services (CRS) Up to 4 Beds per Day, or 1,460 Beds per Year.

Contract Period: Ordering Period 5 POP Begin: 03-01-2030 POP End: 02-28-2031

*GRAND TOTAL __________________

FIVE YEAR PERIOD

*Estimated amount

PERFORMANCE WORK STATEMENT

HCHV CONTRACT RESIDENTIAL SERVICE

BIRMINGHAM VA MEDICAL CENTER

1. GENERAL RESPONSIBILITIES

A. Contractor services will be furnished to beneficiaries for whom such care is specifically authorized by the Department of Veterans Affairs (VA) and are homeless with substance abuse and/or other mental health diagnosis. Negative drug screens will not be a requirement for admission. It is understood that the type of patients to be cared for under this contract will require care and services above the level of room and board. The per diem rate established will be an all-inclusive rate. Care will include, but not be limited to:

1. Structured group activities, including physical activities as appropriate.

2. Instruction in and assistance with health and personal hygiene.

3. Monitoring of medications, including locked drawers for storage of medication.

4. Supportive social services, in collaboration with the HCHV/HUD-VASH program staff, or other contract resources.

5. Individual case management, including professional counseling on self-care skills, adaptive coping skills as appropriate, vocational rehabilitation referrals.

6. Assistance in learning and development of responsible living patterns to achieve a more adaptive level of psychosocial functioning upgraded social skills and improved personal relationships.

7. Support for an alcohol/drug abuse free lifestyle by maintaining a drug and alcohol free environment.

8. Routine and as needed/indicated breathalyzer and urine drug screening.

9. Assistance in learning, testing and internalizing knowledge of the illness/recovery process for homelessness.

10. Employment placement and job training.

11. Housing services to include permanent affordable placement.

12. No pornographic material allowed on the premises. This applies to staff and Veterans.

13. Employees should not fraternize with Veterans.

14. Typically the homeless veteran(s) who are admitted under this contract will be diagnosed with a Mental Health/ substance abuse disorder or a combination of both.

Due our need to support the housing first model, we are requesting that this facility admit veterans who are homeless, who do not have a Mental Health/ Substance

Abuse Diagnosis. For example, the veteran does not have a fixed nighttime residence of his/her own.

15. This facility is required to become a member of the Birmingham Continuum of care and to participate in the Homeless Management Information System (HMIS) data collection system annually.

B. Unless authorized by HCHV program and transitional housing personnel, absences from transitional house will not be reimbursed. For emergencies, such as death of immediate family member, Veteran must provide appropriate documentation to substantiate request for absence. In situations where the Veteran is hospitalized, every effort will be made to re-admit Veteran to the facility upon release. If Veteran is away from the facility, the facility must provide an incident report within 24 hours. For example, the Veteran does not return (miss curfew), etc.

C. Contractor shall assist the Veteran with transportation to scheduled meetings and appointments including information and instruction so that they can utilize public transportation. If public transportation is not available due to in operational at certain times, contractors will provide transportation for Veterans until Veteran secures transportation or is no longer in the program.

D. Housing Services:

Supervision shall be provided in accordance with VA policy and regulations. The

Contractor shall be responsible for admitting veterans, assessing veterans, including initial and ongoing assessments, care planning; including the care-planning process, coordinating, supervision, and evaluating the care and services provided; scheduling visits or hours; and discharge planning.

E. Residential Room and Board:

1. Clean and sanitary housing shall be provided to all veterans. The housing shall provide appropriate space for clothing and personal items.

2. Indoor recreation/lounging areas shall be provided for all veterans

F. Laundry:

The Contractor shall furnish, on site, adequate laundry facilities for veterans to do their own laundry. Adequate detergent is provided when Veteran is unable to purchase due to a lack of money. Also, health and personal hygiene items shall be made available to residents who cannot provide the necessary items for themselves.

G. Community Agency:

The contractor’s facility must have a current occupancy permit or license, as required by the authority that has jurisdiction to issue such. The Contractor must adhere to all applicable local, state and federal laws.

H. Records and Reports:

An individual client record will be maintained on each veteran admitted, including reasons for referral, and documentation of veterans’ progress within the program. This should also include sign in sheets whenever possible. Contractor shall maintain in

Veteran’s file:

1. All essential identifying data relevant to the resident and his/her family including a socio-cultural assessment.

2. Data relating to the resident’s admission, to include a medical Clearance for each resident admitted to this facility. The medical clearance will reflect the finding of a

PA, NP, or MD as it relates to the veteran(s) overall Mental and Physical ability to function in a transitional housing setting. The medical clearance must include at a minimum, vital sign assessment, a test for communicable diseases, Review of systems (ROS), physical examination, brief suicide screen, assessment of ability to perform Activities of Daily living (ADL’s), Basis metabolic panel (BMP), Complete blood Count (CBC), Urinalysis (UA) and A urine drug screen( UDS). Any finding that require follow-up care must be communicated to Contractor at the time the veteran is admitted.

3. Copies of any medical prescriptions issued by VA physicians, including orders, if any, for medications to be taken.

4. Contractor’s staff members attend periodic staffing at the VA’s treatment team.

5. Discharge summaries on each resident who leaves the program, to include reason for leaving, the resident’s future plans, and follow-up locator information.

6. Individual case records will be maintained in confidence as required by U.S.C. Title

42, Chapter I, Part II, “Confidentiality of Alcohol and Drug Abuse Patient Records.”

7. Records will be accessible to the evaluation study required by Congress.

8. Periodic Reports will be provided to the VA (i.e. Fiscal Accountability) as required.

9. Monthly listing of veterans discharged and date of discharge shall be submitted to the VA.

10. Contractor shall notify designated individuals within 24 hours of discharge, either telephonically or fax.

11. Contractor needs to maintain a daily sign-in/sign-out log.

I. Staffing:

1. Contractor must provide sufficient staff in number and position qualifications to carry out the policies, responsibilities and programs of the facility.

2. At a minimum, there must be a full-time administrative staff member or his/her staff designee on duty at the premises or residing at the house and available for emergencies 24 hours a day, 7 days a week.

J. Dietetic Services:

Patient dietary needs shall be met in accordance with sound medical practice and will include the following:

1. At least three (3) nutritious meals shall be served daily at regular times. Bag lunches shall be provided for working individuals who will not be at housing during that meal.

Between-meal or bedtime snacks of nourishing quality shall be offered.

2. Food shall be prepared, served, and stored under sanitary conditions.

3. Sanitary procedures shall be established and maintained for washing dishes, cleaning equipment, and work areas, and for proper waste disposal.

4. The dietary needs of all veterans shall be met in accordance with sound nutrition consistent with USDA standards. USDA dietary guidelines may be found at:

http://www.cnpp.usda.gov/dietaryguidelines.htm

5. Menus must be posted weekly.

K. Medications Including Controlled Substances:

http://www.cnpp.usda.gov/dietaryguidelines.htm

Medications including controlled substances shall be properly stored and controlled. The proper issuance upon orders from physicians shall be provided by the VA and recorded.

Veteran’s medication list will be provided to Contractors, upon request.

L. Referral Process:

1. The Contractor agrees that it does not maintain nor provide dual or segregated facilities, which are segregated on the basis of religion, race, creed, color or national origin. In addition, Contractor agrees that subcontracting will not be resorted to as a means of circumventing this provision.

2. The VA Healthcare for Homeless Veterans (HCHV) treatment team, in collaboration with the existing community homeless program staff, shall identify and refer patients to the contractor.

3. The patient shall receive a clinical assessment by the VA before referral to the

Contractor. Additionally, a negative TB screen within the past year will be required prior to referral.

4. The VA Case Manager/Liaison shall arrange admissions of veterans with the

Contractor. The Contractor shall record the date and time of admission in the

Veteran’s file and include such information on the first monthly invoice. VA arranged admissions of veterans shall not include treatment and/or residence of veterans beyond 4 months, unless the Contracting Officer’s Technical Representative (COTR) has specifically authorized a stay/treatment beyond 6 months.

5. The facility agrees to provide VA staff safe and secure climate controlled office space that offers privacy and sufficient space to interview Veterans.

2. EMERGENCY PLAN

A. It is agreed that the Contractor will notify the Liaison immediately when a medical emergency or hospitalization of the veteran occurs. It is agreed that the veteran will be referred to the nearest medical facility/provider for treatment.

B. In the event a Veteran dies, the facility will promptly notify the Liaison and immediately assemble, inventory, and safeguard the patient’s personal effects. Any fund deposits and personal effects left by Veteran on the premises of the facility shall be delivered by the facility to the person or persons entitled thereto under the laws currently governing the facility for making disposition of funds and effects left by patients, unless the beneficiary died without leaving a will, heirs, or next of kin capable of inheriting. When disposition has been made of the itemized inventory notating the disposition of the funds and effects, the Contractor shall notify the COTR at the Birmingham VA Medical Center.

Should a deceased patient leave no will, heirs or next of kin, his/her personal property and funds, wherever located, vests in and becomes the property of the United States in trust. In these cases the facility will forward an inventory of any such property and funds in its possession to the appropriate VA office and will hold them (except articles of clothing necessary for proper burial) under safeguard until instructions are received from the VA concerning disposition.

3. PERSONNEL & POLICY

A. The Contractor’s employees shall be subject to the same quality assurance standards of a quality meeting or exceeding current recognized national standards as established by

CARF and/or Joint Commission (JC). The Contractor shall perform services in accordance with the ethical, professional and technical standards of the healthcare industry. The contractor’s employees shall be technically proficient in the skills necessary to fulfill the Government requirements, to include the ability to speak, understand, read and write English fluently.

B. In accordance with 29 Code of Federal Regulations (CFR), Part 1925, Safety and Health

Standards for Federal Services Contracts, none of the services required by this contract shall be performed in building, surroundings, or under any working conditions provided or controlled by the contractor, that are deemed unsanitary, hazardous, or otherwise dangerous to the health and safety of the contractor’s employees or VA beneficiaries.

The minimum standards for facilities furnishing Transitional Housing for Homeless

Veteran Services under this contract shall be those listed in the latest edition of 42 CFR and National Fire Protection Association (NFPA) 101, Life Safety. CFR and NFPA may be found at:

http://www.gpoaccess.gov/cfr/ http://www.nfpa.org/aboutthecodes

C. The Contractor shall not maintain, nor provide, dual or segregated patient facilities based on race, creed, color, national origin, or religious belief. The Contractor may neither require such segregated use by written or oral policies nor tolerate such use by local custom. The term facilities shall include but not be limited to rooms, wards, sections, eating areas, drinking fountains, and entrances. The VA shall have the right to inspect the facility and all appurtenances by authorized representative(s) designated by the VA Medical Center to determine whether acceptable standards are maintained and adequate care is being rendered.

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

1. Worker’s compensation

2. Professional liability insurance

3. Health examinations

4. Income tax withholding, and

5. Social security payments

E. Payment for any leave, including sick leave or vacation time is considered the responsibility of the contractor. The contractor shall follow all existing local, state, federal and/or union laws/regulations relevant to fringe benefits and premium pay for their employees. Such personnel shall not be considered VA employees for any purpose.

4. ORDERING ACTIVITIES AND OFFICES

http://www.gpoaccess.gov/cfr/ http://www.nfpa.org/aboutthecodes

A. VA shall designate a Contracting Officer Technical Representative (COTR) to monitor contractor performance and assist in contract administration. A Delegation of Authority

(DOA) delineating the responsibilities and limitations of the COTR shall be provided.

Any commitment or changes, which affect the price, quantity, authority to amend, render decision on questions of fact in dispute and related contract administration problems are duties of the Contracting Officer and cannot be re-delegated.

B. The Contractor shall not accept any instructions issued by another other person(s) other than the Contracting Officer or the COTR acting within the limits of his/her authority.

Only those services specified herein are authorized.

5. HEALTH REQUIREMENTS

A. Contractor certifies that his/her employees have received the following testing/immunizations within the past year and will maintain coverage during the contract period:

1. Tuberculosis Testing – the PPD test or radiological exam shall be repeated annually.

2. Rubella Testing – all contract personnel shall provide proof of immunization for measles, mumps, rubella, or rubella titer of 1:8 or greater. If the titer is less than 1:0, the rubella immunization must be administered with follow-up documentation to the

COTR.

3. Immunizations – for purposes of infection control, all contract employees shall take required immunizations and any health action required by generally accepted public health standards and any immunizations necessitated by any outbreaks in the area/community. Contract personnel will not be allowed to perform duty until immunization documentation is provided to the COTR.

4. If there is potential for exposure to blood borne pathogens or other potentially infectious materials (OPIM), there should be documentation indicating employees have taken or declined Hepatitis B series vaccination.

6. CONFIDENTIALITY

A. All Contractor personnel shall observe the requirements imposed on sensitive data and information by law, Federal regulations, VA statutes and policy, Veterans Health

Administration (VHA) policy and guidelines and the associated requirements to ensure appropriate screening of all personnel (e.g., Privacy Act of 1974, Public Law 93-579, the requirements of the FPM 731, Subchapter 2 under E.O. 10450, etc.). Public Law 93-579 may be found at:

http://privacy.defense.gov/files/pa1974.pdf

B. Contractor personnel who obtain access to hardware or media which may store drug or alcohol abuse data, sickle cell anemia treatment records, records of tests or treatment for or infection with Human Immunodeficiency Virus (HIV) or medical quality assurance records protected by 38 U.S.C. 5701, 5705 and 7332, as defined by the Department of

Veterans Affairs, shall not have access to the records unless absolutely necessary to perform their contractual duties.

http://privacy.defense.gov/files/pa1974.pdf

7. RELEASE OF MEDICAL INFORMATION

A. The Contractor shall only release medical information obtained during the course of this contract to other Contractor or VA employees involved in the care and/or treatment of that individual patient. Patient demographics shall be treated as privileged information.

Lists, names, and/or social security numbers of patients shall not be disclosed or revealed any way, for any use outside the contractor’s facility or without prior express written permission of the Contracting Officer.

B. Transcribed reports containing personal identifiers, as identified below, when not used as an official document, must be shredded by the contractor.

C. The Contractor is subject to the provisions of the Privacy Act of 1974 (Public Law 93-

579); the Comprehensive Alcohol and Abuse and Alcoholism Prevention, Treatment and

Rehabilitation Act of 1972 (Public Law 93-282); the Drug Abuse Office and Treatment

Act of 1972 (Public Law 92-255); and all other Federal or State statues regarding confidentiality of patient information.

D. All patient medical records will be maintained in accordance with State, JC and/or CARF standards. All clinical and legal (i.e., 5150 and 52500 forms, records and treatment plans, of VA beneficiaries treated by the contractor, shall be forwarded to the VA office upon discharge for inclusion in the patient’s VA medical record. Records shall be forwarded by courier or second (2nd) day Federal Express. This is not an additional cost to the Government. Records of treatment shall not be given to patients or their families for transfer to the VA.

E. Discharge summaries shall be forwarded to the Liaison/Case Manager within 10 calendar days after the patient’s discharge. Discharge summaries shall be addressed to:

Birmingham Veteran Affairs Medical Center (BVAMC)

700 S 19th Street

Birmingham, AL 35233

1. VA shall be provided access to medical records in the contractor’s facility regarding a veteran’s care under this contract.

8. INVOICE AND PAYMENT

A. The Contractor shall submit invoices monthly. Invoices shall include, at a minimum, the information requested in FAR clause 52.212-4 Contract Terms and Conditions –

Commercial Items, paragraph (g) Invoice and any additional details necessary to identify services rendered. Invoices shall be addressed to:

VA Finance Service Center

PO Box 149971

Austin, TX 78714

B. A customer copy of invoice (clearly marked NOT FOR BILLING PURPOSES) with patient data, (e.g.: names, last four digits of SSN or other identification number, type of procedure(s) performed with associated (CPT) code(s), date service(s) performed, and unit price show for each service) shall be sent to the Liaison at the Birmingham VA

Medical Center .

C. Invoices submitted for payment shall be reviewed for accuracy, verified against patient records, time records and attendance logs and shall be approved by Liaison/Case

Manager prior to remittance of payment. Any discrepancies found shall be brought to the attention of the Contractor for resolution. A corrected copy of the invoice must be submitted by the Contractor, as instructed by the Liaison.

D. Invoices shall include all charges for care provided and payment made shall constitute total cost for services rendered. No additional charges are to be billed to the patient, the patient’s family, or the patients’ insurance by the Contractor, the facility or by any other party furnishing services for such care, unless otherwise authorized by the Liaison.

9. COMMUNICATION

A. The Contractor shall ensure that his/her employees maintain open and professional communication with members of the VA and veterans/residents. Complaints validated by the Liaison, and Performance Improvement Service (PIS), shall be reported in writing to the CO, and the COTR, and forwarded to the Contractor for action.

B. Failure by the Contractor to correct validated complaints in a timely manner, when raised by the VALBHS staff and the CO, shall be considered a failure to perform, and if significant, contract default procedures may be initiated by the Contracting Officer.

10. THE JOINT COMMISSION AND/OR CARF GUIDELINES

A. The Contractor must perform the required work in accordance with, Joint Commission

(JC) and/or CARF standards. The Contractor is required to develop and maintain the following documents for each Contractor employee working on the contract. The

Contractor will provide current copies of these records annually, to the COTR, or upon request, for each Contractor employee working on the contract.

1. Credentials and qualifications for the job;

2. A current competency assessment checklist (an assessment of knowledge, skills, abilities and behaviors required to perform a job correctly and skillfully);

3. Proof of knowledge and skills required to provide care for certain patient populations, as appropriate;

4. Current performance evaluation supporting ability of Contractor employee to successfully perform the work required in this solicitation;

5. Listing of relevant continuing education for the last two years.

11. QUALITY ASSESSMENT STANDARDS

A. Contractor employees shall be subject to the same quality assessment standards as established by the VA. The contract health care provider shall perform services in accordance with ethical, professional, and technical standards of the health care industry. Persons provided by the Contractor shall be technically proficient in the skills necessary to perform the services described herein

12. VETERAN SENSITIVITY

A. The Contractor shall respect and maintain the basic rights of veterans, demonstrating concern for personal dignity and human relationships.

B. Complaints shall be investigated individually. Contract health care providers receiving more than two (2) verified complaints from COTR, Veteran Advocate, Health Care

Coordinator (HCC), Case Managers or Social Workers related to sensitivity within any consecutive three (3) month period shall require the contract health care provider to complete a sensitivity training class before continuing to provide services under the is contract. Contract health care provider’s participation in sensitivity training class shall be the sole responsibility of the Contractor at no expense to the Government. Depending upon the nature and severity of the complaint, the Government reserves the right to suspend performance of subject contract health care provider or prohibit performance altogether, as deemed appropriate.

13. CONTRACTOR POINT OF CONTACT

A. The Contractor shall designate a Contractor Point of Contact (CPOC) who shall be responsible for the performance of the work under this contract. The liaison shall have full authority to act for the Contractor on all matters relating to the daily operation of this contract. The liaison may be a contract health care provider performing under this contract. An alternate may be designated, but the Contractor shall identify, in writing, those times when the alternate shall act as the liaison.

B. Contractor shall provide CPOC information prior to contract award. The CPOC may be a provider providing care in accordance with this statement of work. An alternate may be designated, but the Contractor shall identify, in writing, those times when the alternate shall be the CPOC. The CPOC or alternate shall be available by telephone, seven days a week, 24-hours per day, including Federal holidays.

1. VA Contractor Point of Contact (CPOC): Information should be filled in by the contractor in the Contract Administration Data Section.

14. DEFINITIONS & ABBREVIATIONS

A. The following terms, when used in the contract shall be construed and/or interpreted as follows, unless the context expressly requires a different construction and/or interpretation. In the event of a conflict in language between the definitions and the other sections of this contract, the language in specifications shall govern.

1. Service location: Any location at which a patient obtain service covered by the contractor pursuant to this contract.

2. Subcontract: A contract entered into by the contractor with any other organization or person who agrees to perform any function or service for the contractor specifically related to securing or fulfilling the contractor’s obligations to VA under the term of this contract

3. Contracting Officer: Government employee assigned the responsibility of executing, administrating and providing direction on a contract.

4. Contracting Officer Technical Representative (COTR): Government employee to whom the contracting officer delegates limited authority for certain contractual-related decisions.

a. Delegation of Authority as outlined in Veterans Acquisition Regulations

(VAAR) 801.603-70. In carrying out the responsibilities outlined in the

Federal Acquisition Regulations (FAR) the contracting officer may designate another Government contracting officer, or other Government employee to furnish technical guidance and advice or generally supervise work under a

Government contract.

5. ADTP: Addictive Disorder Treatment Program

6. ASI: Addictions Severity Index

7. ASAM: American Society of Addiction Medicine

8. CARF: Commission on Accreditation of Rehabilitation Facilities

9. HCHV: Health Care for Homeless Veterans

10. HHS/OIG: Health and Human Services/Office of the Inspector General

11. HIPAA: Public Law 104-191, Health Insurance Portability and Accountability Act of

12. JC : Joint Commission on Accreditation of Healthcare Organizations

13. QA: VA Quality Assessment, which periodically checks the contractor’s QC program effectiveness in ensuring performance standard are maintained and evaluates performance.

14. QC: The contractor’s quality control program, which is in place to ensure the quality of contract performance and correct any discrepancies which occur, within need for

VA intervention.

15. REGULAR MEETINGS

A. Quarterly or other increments, as mutually agreed upon between the VA and the

Contractor, shall be conducted. More frequent meetings may occur as needed. The

Contractor, upon request, shall provide quality data and information related to services provided and participate in the VA’s Performance Improvement Program when requested to do so.

16. SITE INSPECTION

A. The Birmingham VA Medical Center may conduct an inspection of facility(s) prior to and anytime during the contract performance. The Contractor shall permit on-site visits by

VA to assure compliance with contract requirements. Contractor shall make all records accessible for a review.

17. CONFLICT OF INTEREST & ETHICS

A. The Contractor shall not employ any person who is an employee of the United States

Government if the employment of that person creates a conflict of interest. The

Contractor shall not employ any person who is an employee of the Department of

Veterans Affairs (VA) unless such person seeks and receives approval in accordance with VA Regulations. Nor shall the Contractor employee any person who is a member of the immediate family of a VA employee employed at the VA Health Care System if the employment of that family member would create a conflict of interest or appearance of a conflict of interest, particularly with regard to influencing the contract negotiations, terms of the contract, or the work carried out under the contract. In any such case, the VA must review the matter and give its approval in accordance with agency ethics rules.

Contractor shall ensure no violation of ethics occurs between VA staff, VA patients and families of VA staff. Staff shall not accept, solicit, allow or invite gifts, gratuities, sales of items, etc. Any occurrence shall be reported to the CO & COTR along with corrective action taken, and the reports will be kept on file for the duration of the contract.

18. MODIFICATIONS AND AMENDMENTS

A. This agreement outlines the procedures of a healthcare process to be used in the treatment of enrolled VA patients. VA and the Contractor shall work closely with each other to identify and/or clarify any clinical, administrative or quality issues that may arise.

The Contracting Officer is the only authority authorized to issue any modification and/or supplemental agreements needed to reflect any changes to which the parties mutually agree.

19. HEALTH AND HUMAN SERVICES-OFFICE OF INSPECTOR GENERAL

A. 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

(http://www.ssa.gov/OP_Home/ssact/title11/1100.htm) regarding federal health care programs, the contractor is required to check the Health and Human Services-Office of

Inspector General (HHS/OIG), List of Excluded Individuals/Entities on the OIG Website

(www.hhs.gov/oig) for each person providing services under this 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 Individuals/Entities.

20. HIPAA COMPLIANCE

A. Contractor must adhere to the provisions of Public Law 104.191, Health Insurance

Portability and Accountability Act (HIPPA) of 1996 and the National Standards to Protect

Privacy and Security of Protected Health Information (PHI). As required by HIPPA, the

Department of Health and Human Services (HHS) has promulgated rules governing the http://www.ssa.gov/OP_Home/ssact/title11/1100.htm http://www.hhs.gov/oig security and use disclose of protected health information by covered entities, including the Department of Veterans Affairs (VA). In accordance with 45 CFR 164.502(e), the

Privacy Rule includes exceptions to Business Associate Standard. This requirement meets the exception and does not require a Business Associate agreement in order to cover entity to disclose Protected Healthcare Information to a health care provider for treatment.

21. GEOGRAPHIC LOCATION/ ADA ACCESSIBLITY

A. Contractor shall adhere to ADA compliance requirements to enable access for patients using wheelchairs (manual & motorized, as well as other mobility aid devices.

Contractor shall provide a map of location to include public transportation availability and

“closest bus stops”.

B. Contractor’s facility where services are to be provided shall be within the catchment of

Birmingham VA Medical Center. Submit with your offer the physical address to include building and room numbers, areas of geographic coverage, map of local area, etc.

22. QUALIFICATIONS/ACCREDITATION/LICENSING

A. Contractor facility must meet the following:

1. Contractor’s facility conforms to the Life Safety Code, National Fire Protection

Association (NFPA) #101 standards

2. Contractor’s facility meets all City and State requirements concerning licensing and health codes.

3. Contractor possesses a valid Alabama State Business License/Certificate of

Occupancy.

B. Basic Life Support (BLS), CPR/First Aid, (American Heart Association preferred) for

Contractor’s staff

23. SUBCONTRACTORS

A. If applicable, subcontractors must meet equivalent certification, licensing, background investigations and accreditation qualifications standards as the Contractor. No administrative fee will be charged to Birmingham VA Medical Center by the contracting agency for arranging sub-contracted services. Payments will only be made to the

Contractor with whom the Birmingham VA Medical Center has an established contract. It is that Contractor’s responsibility to pay all subcontractors.

24. DRUG SCREENING

A. Contractor is responsible that their employees are not using drugs and/or alcohol while on duty and are subject to random alcohol and drug testing performed by the Contractor.

The Contractor is responsible for all cost. They are also subject to drug testing when there is a reasonable suspicion that they use or are impaired by illegal drugs while on duty. Reasonable suspicion of drug use or impairment includes, but is not limited, to the following:

1. Observable phenomena, such as direct observation of drug use, possession or the physical symptoms of being under the influence of a drug;

2. A pattern of abnormal conduct or erratic behavior;

3. Arrest or conviction for a drug-related offense or the identification of a Contractor physician as the focus of a criminal investigation into illegal drug possession, use or trafficking.

25. APPLICABLE PUBLICATIONS

A. The Contractor shall adhere to the Patients’ Rights and Responsibilities. The publications are maintained by the Government and are available through the COTR. At any time, these publications are subject to change, made in the form of supplements or amendments issued at any organizational level and may affect contract performance.

26. QUALITY CONTROL AND PERFORMANCE IMPROVEMENT

A. Performance Improvement:

1. Contract health care providers shall be subject to the same quality assessment standards as established by the VA, and shall perform services in accordance with ethical, professional, and technical standards of the health care industry. Contract health care providers shall be technically proficient in the skills necessary to perform the services described herein, and shall be responsible for compliance with all procedures in accordance with applicable VA written policies and procedures. They shall not introduce new procedures or services without prior recommendation to and approval of the VA or authorized representative.

2. Non-acceptance of contract personnel does not relieve the Contractor from satisfying and fulfilling the Contract requirements.

3. The agency shall develop, implement, and maintain an effective, ongoing organization-wide data-driven quality assessment and performance improvement program. The agency and Birmingham VA Medical Center will jointly review the quality and appropriateness of services provided to VA patients covered under the terms of this agreement.

4. The agency shall provide to Birmingham VA Medical Center evidence of quality assessment and performance improvement activities, including patient and family satisfaction survey indicators and results of surveys. The agency shall maintain a record of VA patient complaints, including problem resolution. All quality assurance, performance improvement activities, and patient complaints and resolutions shall be kept in a retrievable file and provided to the Birmingham VA Medical Center upon request and will be reviewed during the annual inspection.

5. Contractor compliance with maintaining and providing updated copies of insurance, licenses, and accreditation(s) are verified annually during agency inspection for

100% compliance.

6. Contractor shall fully comply with HIPAA/Privacy Act and VA patient incident reporting.

7. The Contractor shall develop a written plan for ensuring the evaluation, reporting, and maintenance of records related to infections among veterans, and as appropriate, among staff. Documentation of plan implementation shall be provided during annual inspection by VA staff, and as requested. The VA shall be notified of significant variances.

8. The Contractor shall abide by local laws and regulations with regard to abuse, neglect, and exploitation of the elderly and dependent adults, and will develop policies for prevention and dealing with any reports of such. Additionally, the contractor will notify the Liaison/Case Manager of any suspected or confirmed situations of neglect, exploitation, or abuse of a veteran or the expression of the intent to commit harm to self or others by a veteran.

9. The Contractor shall develop a written emergency preparedness plan to ensure continuing care and support in the event of an emergency, which would interrupt normal services to veterans.

10. The Contractor shall develop and maintain an equipment recall plan.

VA Handbook 6500.6 Appendix Clause:

VA Acquisition Regulation Solicitation Provision and Contract Clause

(October 2008)

SUBPART 839.2 – Information and Information Technology Security Requirements

839.201 Contract clause for Information and Information Technology Security

Due to the threat of data breach or loss of information that resides on either VA-owned or contractor-owned systems, and to comply with federal laws and regulations, VA has developed an Information and Information Technology Security clause. To be used when VA information is used, stored, generated, transmitted, or exchanged by and between VA and a contractor, subcontractor or a third party in any format (e.g., paper, microfiche, electronic or magnetic portable media).

In solicitations and contracts where VA Information and/or Information Technology will be accessed or utilized, the contracting officer shall insert the clause found at 852.273-75, Security

Requirements for Unclassified Information Technology Resources

852.273-75 - Security Requirements for Unclassified Information

Technology Resources (interim- October 2008)

As prescribed in 839.201, insert the following clause:

(a) The contractor and their personnel shall be subject to the same Federal laws, regulations, standards and VA policies as VA personnel, regarding information and information system security. These include, but are not limited to Federal Information

Security Management Act (FISMA), Appendix III of OMB Circular A-130, and guidance and standards, available from the Department of Commerce’s National Institute of

Standards and Technology (NIST). This also includes the use of common security configurations available from NIST’s Web site at:

http://checklists.nist.gov

(b) To ensure that appropriate security controls are in place, Contractors must follow the procedures set forth in “VA Information and Information System Security/Privacy

Requirements for IT Contracts” located at the following Web site :

http://www.iprm.oit.va.gov/Security_and_Privacy_Requirements_for_Contractors.asp

MARCH 12,

VA HANDBOOK 6500.6

APPENDIX C

VA INFORMATION AND INFORMATION SYSTEMS SECURITY/PRIVACY LANGUAGE

1. GENERAL

Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and

VA personnel regarding information and information system security.

http://checklists.nist.gov/ http://www.iprm.oit.va.gov/Security_and_Privacy_Requirements_for_Contractors.asp

2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

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

b. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and

Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.

c. Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive

Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a

Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security

Clearance must be processed through the Special Security Officer located in the Planning and

National Security Service within the Office of Operations, Security, and Preparedness.

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

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

3. VA INFORMATION CUSTODIAL LANGUAGE

a. Information made available to the contractor or subcontractor by VA for the performance or administration of this…