36C24818Q9689-001.pdf

COMBINED SYNOPSIS/SOLICITATION 36C24818Q9689

General Information

Action Code: Combined Synopsis Solicitation Document Type: RFQ RFQ Number: 36C24818Q9689 Posted Date: September 6, 2018 Response Date: September 17, 2018 Classification Code: G004 Set Aside: Unrestricted NAICS Code: 623220

Contracting Office Address

NCO 8

ATTN: Adam Speert 10000 Bay Pines Blvd, Bldg. 2 RM 329 Bay Pines, FL 33744

Description

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation document will not be issued.

This solicitation is a request for quotations (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition (FAC) FAC 2005—100, 08-24- 2018.

All offerors must be registered in System for Award Management (SAM) at http://www.sam.gov to be considered for an award of a federal contract registered in the record must be complete and not missing elements such as representations and certifications. Also, if you are a Service Disabled Veteran Owned Business (SDVOSB) please be sure to be registered in VIP (Vendor Information Pages) at https://www.vip.vetbiz.gov/ . An Offeror who is not a verified SDVOB concern at the date and time set for receipt of offers will have their offer rejected as nonresponsive, and will not be considered for award.

The associated North American Industrial Classification System (NAICS) code for this procurement is 623220 with a small business size standard of $15M.

The Network Contracting Office 8, SAO East intends to award a fixed priced requirements contract to obtain these community-based residential care mental health, substance abuse treatment services.

http://www.sam.gov/ https://www.vip.vetbiz.gov/

The goal of this program is to provide Veterans access to a safe and secure residential Substance Abuse Treatment Program (SATP).

All questions regarding this RFQ must be in writing and may be sent by e-mail to adam.speert@va.gov

Questions must be received no later than September 12, 2018 at 12:00 PM. No further questions will be accepted after that date and time.

ANSWERS TO VENDOR QUESTIONS: Answers to vendor questions will be posted to FBO on Friday, September 14, 2018 by 4:00 PM Eastern.

You are reminded that representatives from your company SHALL NOT contact any Bay Pines VA Health Care System personnel to discuss this RFQ during this RFQ process. All questions and concerns regarding this RFQ shall be directed to the Contracting Officer.

Quotes are due by 12:00 P.M. Eastern on September 17, 2018. Quotes received after this date and time will be considered late. Quotes shall be submitted via email to adam.speert@va.gov.

Quoters shall provide a price within the schedule found on the following page.

mailto:adam.speert@va.gov

A. Price/Cost Schedule

Item Number Description of Services

Best Estimated Quantity of Lodging Required Unit

Unit Price

Total Amount

_0001

Residential Substance Abuse Treatment Program (SATP), providing residential care mental health, substance abuse treatment services in accordance with the Performance Work Statement.

Basic Period of Performance: October 1, 2018 through September 30, 2019. 10,220 EA

Residential Substance Abuse Treatment Program (SATP), providing residential care mental health, substance abuse treatment services in accordance with the Performance Work Statement.

Option 1, Period of Performance: October 1, 2019 through September 30, 2020. 10,220 EA substance abuse treatment services in accordance with the Performance Work Statement.

Option 2, Period of Performance: October 1, 2020 through September 30, 2021. 10,220 EA substance abuse treatment services in accordance with the Performance Work Statement.

Option 3, Period of Performance: October 1, 2021 through September 30, 2022. 10,220 EA substance abuse treatment services in accordance with the Performance Work Statement.

Option 4, Period of Performance: October 1, 2022 through September 30, 2023. 10,220 EA

Performance Work Statement

1. Services shall be furnished to beneficiaries for whom such care is specifically authorized by the Veterans Administration. It is understood the type of patients to be cared for under this contract will normally require care and services above the level of room and board. Care shall include, but not be limited to, a supervised, alcohol- and drug-free environment, active affiliation with Narcotics Anonymous (NA) and Alcoholics Anonymous (AA) programs, supportive Social Service, structured and group activities, physical activities, and individual counseling as required (with special emphasis on vocational rehabilitation in collaboration with VA program resources). It is further agreed that beneficiaries receiving care under this contract shall receive basic health and personal hygiene maintenance, monitoring of medications, and any other service or supplies normally provided without extra charge. The per diem rate established will be an all-inclusive rate.

2. Absences of the parties from the halfway house more than 48 hours will not be reimbursable, except with the prior approval of the Chief, SATP, Mental Health Service, Bay Pines VAHCS.

Should a patient referred to a transitional residence absent him/herself in an unauthorized manner, payment for services for that veteran to the contract facility would be continued for a maximum period of two (2) days provided there is an active outreach attempt on the part of the agreed facility staff to return the veteran to the transitional residence and a strong likelihood that the patient will return. Management of program dropout will be an element of the quality assurance review of this program.

3. In the event a beneficiary receiving halfway house care under this contract dies, the halfway house shall promptly notify the Veterans Administration Office authorizing admission and immediately assemble, inventory, and safeguard the patient's personal effects. The funds, deposits, and effects left by Veterans Administration patients upon the premises of the halfway houses shall be delivered by the halfway house to the person or persons entitled thereto under the laws currently governing the halfway house 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, the itemized inventory with a notation as to the disposition of the funds and effects, shall be immediately forwarded to the Veterans Administration Office. Should a deceased patient leave no will, heirs, or next of kin, personal property and funds, wherever located, vests in and becomes the property of the United States in trust. In these cases, the halfway house shall forward an inventory of any such property and funds in its possession to the appropriate Veterans Administration Office and shall hold them (except articles of clothing necessary for proper burial) under safeguard until instructions are received from the Veterans Administration concerning disposition.

4. It is agreed that the halfway house will notify the authorizing VA Medical Center immediately when a medical emergency requiring hospitalization occurs. It is agreed that the veterans will be readmitted to an appropriate VA facility. When such readmission is not feasible because of the nature of the emergency, it is agreed that hospitalization in a non-Federal hospital may be accomplished provided VA authorization is obtained or notification is furnished to the VA within 72 hours after admission. If hospitalization of non-emergency nature is required, it is agreed that readmission to the VA hospital shall be accomplished promptly.

5. The halfway house agrees and warrants it does not maintain nor provide dual or segregated patient facilities, which are segregated based on race, creed, color, or national origin. The halfway house 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, entrances, etc. It is agreed the Veterans Administration will have the right to inspection of the halfway house and all appurtenances by an authorized representative(s) designated by the Veterans Administration to determine whether acceptable standards are maintained and adequate care is being rendered.

6. The halfway house agrees to accept referral of, and to provide all services specified in this contract, any person determined eligible by the Chief, Medical Director or his designee, regardless of the race, color, religion, sex or national origin (unless otherwise indicated in Part I, Item II) of the person for whom such services are ordered. In addition, the halfway house warrants that subcontracting shall not he resorted to as a means of circumventing this position.

7. The contractor shall furnish each veteran authorized care under this agreement with the following basic services:

a. A drug and alcohol-free supervised environment which will be staffed on a 24-hour basis;

b. Board and room for both male and female veterans in separate living quarters;

c. Laundry facilities for residents to do their own laundry; and provision of laundry supplies;

d. Therapeutic and Rehabilitative Services determined to be needed by the individual patient and the VA case manager. Services which the contractor must be able to furnish include:

i. Structured activities; i.e., resident participation in group sessions dependent upon resident preference and the VA case manager and residential treatment setting staff recommendations;

ii. A variety of group activities, including physical activities, as appropriate;

iii. Instruction in and assistance with health and personal hygiene maintenance as appropriate; provision of soap, shampoo, deodorant, toothpaste, toothbrush, etc.

iv. Supportive social service, in collaboration with the case managers, VA or other community resources;

v. Professional counseling as required, including emphasis on self-care skills, adaptive coping skills and, as appropriate, vocational counseling, in collaboration with VA program or community resources;

vi. Opportunities for immediate learning and/or development of responsible living with a goal of achieving a more adaptive level of psychosocial functioning;

e. Length of stay at the facility will be initially authorized for up to 30 days and can be authorized up to 90 days with the approval of the VA case manager and the Chief of SATP at the Bay Pines VA Healthcare System. The beneficiary may not be provided care for a period more than that unless such extension authorization is provided in writing by the Contracting Officer.

f. Support for an alcohol and/or drug-free lifestyle;

g. Opportunities for:

i. Learning, and internalizing knowledge of the illness and/or recovery process;

ii. Improving social skills;

iii. Improving personal relationships;

h. The facility must be easily accessed by public transportation and located within a 20-mile radius from the Bay Pines VA Healthcare System.

8. Dietetic Services

a. Patient dietary needs shall be met in accordance with sound medical practice.

b. At least three nutritious meals, or their equivalent, shall be served daily, at regular times with not more than a 14-hour span between evening meal and breakfast of the following day. Bag lunches will be provided if the veteran will not be present at the facility for lunch for appropriate appointments or activities in the community.

Between-meal or bedtime snacks of nourishing quality shall he offered, as well as resident preparation in menu planning and food preparation activities. Acceptable dining rooms must be provided.

c. There shall be evidence that food is prepared, served, and stored under sanitary conditions. Sanitary procedures shall be established and maintained for washing dishes, cleaning equipment and work areas, and proper waste disposal.

d. The addition of nutritious snacks to the requirements for board is particularly indicated for SATP patients. Many of these patients are either undernourished or have developed poor eating habits or both, because of their chronic psychiatric disorder, including alcohol and/or drug abuse behaviors.

e. The local VA medical center dietitian may consult with the initial inspection team and the team making subsequent assessments, in evaluating not only the printed menus but the patients' satisfaction with meals and the actual consumption of food offered.

9. Records and Reports

a. An individual clinical record will be developed by staff at the providing facility, and maintained by the residential treatment staff on each veteran out-placed under this contract.

b. The Residential Treatment Program must comply with the requirements of the "Confidentiality of Certain Medical Records" (38 U.S.C. 7332), and the "Confidentiality of Alcohol and Drug Abuse Patients Records" (42 CFR, Part II) when appropriate, and shall be part of the contract agreement.

c. All case records will be maintained with such security and confidentiality as required, and will be made available on a need-to-know basis to appropriate VA staff members involved with the treatment program of the veterans concerned

d. The clinical record maintained by the non-VA residential treatment program will include:

i. Reasons for referral.

ii. Essential identifying data relevant to the veteran and veteran's family;

iii. Data relating to the veteran's admission, to include the targeted individual goals for constructive changes which are to be attained during the veteran's stay at the residential treatment setting:

iv. Record or log of medical prescriptions issued by physicians;

v. Reports of periodic reevaluation by program staff, to include any measures of movement toward rehabilitation goals; and

vi. Final summaries on each veteran who leaves the program, to include a description of beneficial changes realized during the residential period, reasons for leaving, the veteran's future plans, and, if possible, follow-up locator information.

e. Upon discharge or death of the patient, medical records on all beneficiaries will be retained by the Residential Treatment Center for a period of at least three (3) years following termination of care.

f. In addition to the clinical record maintained by the non-VA residential treatment staff, a consolidated health record (CHR) will be maintained in the local VA Mental Health Outpatient Program for each veteran in contract placement and those seen by ongoing outreach efforts. These records will meet the standards required by the Psychiatry Service. All community-based visits will be recorded and monitored separately for reporting purposes for the duration of the project and will be included in the VA medical center's workload reporting.

g. The non-VA residential treatment program will provide copies of each veteran's treatment plan to the VA medical center when it is completed. Treatment plans may be completed by VA HCHV teams on VA forms if treatment planning is conducted with inclusion by contract setting staff. The program will send a copy of the final summary to the VA medical center within I month of the veteran leaving the setting.

10. Drugs and Narcotics

Medications and narcotics shall be properly stored and controlled, and proper issuance upon orders from physicians shall be provided for and recorded.

11. Fire, Safety and Sanitation Practices

Acceptable safety and sanitation practices shall he observed throughout the facility. The buildings shall conform to the requirements for the "Board and Care" requirements for the type occupancy in the latest edition of the life Safety Code (National Fire Protection Association #101) in effect on the date of award of the contract. The Halfway House warrants that the buildings conform to all applicable local and state fire and safety regulations.

The Contractor must report patient safety incidents to the Case Manager and COR for the program within 24 hours.

12. Inspections

The Veterans Administration will have the right to inspect the Halfway House Facility and all appurtenances by authorized representatives designated by the Veterans Administration without prior notice. A formal report of each inspection will be prepared and forwarded to the medical center Contracting Officer.

In accordance with normal contract administrative practices, the following actions can be expected to ensue: The facility (potential contractor) will be advised of the findings of the inspection team.

a. In the event deficiencies have been noted, the facility will be given a reasonable time to take corrective action and to notify the contracting officer that the corrections have been made.

b. Any unsatisfactory conditions noted during a follow-up visit to a residential treatment setting with which the VA has a contract will be reported in writing to the Contracting Officer through the VA medical center Director. Satisfactory corrections must be made in a reasonable amount of time. If this is not done, the Contracting Officer will consult with the concerned officials so that suitable arrangements can be made to discharge or transfer patients and terminate the agreement.

c. The original copy of the inspection report and pertinent correspondence will he filed in the contract file.

13. Staffing

a. Sufficient staff must he provided (i.e., in numbers and position qualifications) to carry out the policies, responsibilities, and therapeutic activities of the residential treatment program.

b. In residential treatment settings there must be, as a minimum, a full-time staff member or designee available for emergencies 24-hours-a-day, 7-days-a-week.

c. In those instances where a supervised residential setting is linked to a geographically distinct rehabilitation and/or socialization day program, sufficient staff must be provided to staff the necessary therapeutic activities to ensure a meaningful integration of these efforts with those provided in the residential setting.

14. Legal

a. The contractor shall comply with the VA patient's Bill of Rights as set forth in section

17.34a, Title 38, code of Federal Regulations.

b. Both residential and ambulatory care settings must meet:

i. The standards of the Life Safety Code (National Fire Protection Association

(NFPA) #101);

ii. The fire and safety code imposed by the State law; and

iii. City, State, and Federal requirements concerning licensing and health codes.

c. All residential treatment settings must be licensed as required for the particular setting under State or Federal authority.

15. Payment for Services

a. it is impossible to determine the exact or estimated amount which will be expended under this contract. It is understood that no obligation will be incurred by the Veterans Administration under this contract until the VA issues authorizations to the halfway house for care of specific beneficiaries.

b. Veterans Administration agrees to make payment within 45 days for services rendered in accordance with such authorization upon receipt of billings submitted by the Halfway House at the completion of each month's services.

c. If a beneficiary is admitted to and discharged from the Halfway House on the same calendar day, payment will be made for one day.

d. Invoices shall be submitted monthly, in arrears, in accordance with the administrative section of the contract.

e. It is understood the halfway house shall not collect twice for services provided, and payments made by the Veterans Administration under this contract will constitute the total cost of halfway house care.

16. It is agreed the veteran is to be encouraged to, after a reasonable period of time, seek and obtain employment and contribute a portion of the wages earned to be deposited for the patient and released in full to him when discharged.

17. Performance Summary

Requirement Performance

Objectives Performance Threshold Method of

Surveillance Performance

Standard Remedy

The Contractor shall provide quality therapeutic treatment and case management in accordance to the PWS.

The Contractor provided a facility and staff shall meet the standard established in the PWS.

Ongoing clinical monitoring and chart reviews coinciding with periodic collaborations and facility inspection visits. If performance falls below the indicated threshold, the program manager shall notify COR, contractor shall develop action plan to increase performance level to acceptable threshold.

No more than one customer complaint per quarter.

Payment equal to correctly provided services in accordance with the

PWS

The Contractor shall provide Clinical Information to the facility as indicated in PWS.

The Contractor shall provide information within the time frame established in the PWS.

Quarterly Inspection by the

COR

No more than one report or referral missed per quarter.

services in accordance with the

PWS

The Contractor must ensure patient safety for all the residents assigned.

The Contractor must report patient safety incidents to the Case Manager for the program within 24 hours.

Quarterly Inspection by the

COR

No more than one safety incident per quarter.

services in accordance with the

PWS

Invoicing Submission of timely, complete and accurate invoices

Monthly Inspection and certification of the invoices by the COR

95% Complete and Accurate Invoice Submittals

Payment equal to correctly provided services in accordance with the

PWS

Customer Satisfaction Timely resolution of issues that may arise during the contract

Monthly Inspection by the

COR

No more than two complaints relating to timely resolutions of issues that may arise under the contract

Payment equal to correctly provided services in accordance with the

PWS

CONTRACT ADMINISTRATION:

The Contracting Officer is the only person authorized to approve changes or modify any of the requirements under this contract. The Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer is authorized to make commitment or issue changes that will affect price, quantity or quality of performance of this contract.

In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change shall be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred thereof.

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

a. CONTRACTOR ________________________________________ (Contractor’s Name) ADDRESS ________________________________________ (Street) ________________________________________ (City-State-Zip) POINT OF CONTACT________________________________________ (Name/Title)

PHONE NO.________________________________________

FAX NUMBER________________________________________

E-MAIL ________________________________________

DUNS NUMBER________________________________________

b. GOVERNMENT: Adam Speert, Bay Pines VA, Adam.Speert@va.gov

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

a. 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013)

(31 U.S.C. 3332).

3. INVOICES: Invoices shall be submitted in arrears in accordance with:

a. 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012)

4. GOVERNMENT INVOICE ADDRESS: The VA has mandated electronic invoice submission to the

Veterans Affairs Financial Services Center (VAFSC). VAFSC has partnered with Tungsten Corporation e-Invoicing Network for submissions of all electronic invoices to VA. Tungsten Network electronic invoicing is free to all VA vendors. In order to submit electronic invoices, all VA vendors must register with Tungsten Network by submitting an email to Tungsten Network VA.Registration@tungsten-network.com or calling (877)752-0900, option 2 for Enrollment.

Contractor shall submit an electronic invoice to VAFSC e-Invoice by the tenth (10th) of the following month services were performed through the website https://portal.ob10.com/Login.aspx. For questions regarding the submission of VA electronic invoices, call Tungsten Network customer service at (877)489-6135. Invoices sent to Tungsten shall reference the vendor name and address, customer name, contract number, appropriate obligation/funding order number, description of services provided, the extended price, and the total invoice cost. Invoices shall include any payment discount terms. A separate invoice shall be sent to the COR to validate/certify invoices.

For questions regarding invoice receipt/payment, call VAFSC at (877)353-9791 or email vafsccshd@va.gov. Payments shall be made monthly in arrears upon receipt of a proper invoice.

FACSIMILE, E-MAIL, AND SCANNED DOCUMENTS ARE NOT ACCEPTABLE FORMS OF SUBMISSION FOR

PAYMENT REQUESTS

For assistance setting up e-Invoice, the below information is provided:

Tungsten Network e-Invoice Registration: VA.Registration@tungsten-network.com Tungsten Network e-Invoice Setup Information: (877)752-0900 (Option 2 – Enrollment) OB10 Portal to submit electronic invoices: https://portal.ob10.com/Login.aspx Tungsten Network Customer Service: (877)489-6135 mailto:Adam.Speert@va.gov mailto:VA.Registration@tungsten-network.com https://portal.ob10.com/Login.aspx mailto:vafsccshd@va.gov mailto:VA.Registration@tungsten-network.com https://portal.ob10.com/Login.aspx

VAFSC – for Invoice receipt or payment questions, call: (877)353-9791 or VAFSC Email: vafsccshd@va.gov

OFFERORS MUST COMPLETE & RETURN ALL INFORMATION DESIGNATED HEREIN PRIOR TO THE TIME

SPECIFIED.

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

AMENDMENT NO DATE

Quotes may be submitted by e-mail to Adam Speert, Contract Specialist at Adam.Speert@va.gov.

The government intends to award a single contract as a result of this RFQ that will include the terms and conditions set forth herein.

(End of Clause)

MEDICAL RECORDS:

Authorities - Confidentially of Patient Records: The contract personnel providing healthcare services to VA patients shall be considered as part of the Department Healthcare Activity and shall comply with the U.S.C. 551a (Privacy Act); 38 U.S.C. 5701 (Confidentiality of Claimants Records); 5 U.S.C. 552 (FOIA), 38 U.S.C. 5705 (Confidentiality of Medical Quality Assurance Records); 38 U.S.C. 7332 (Confidentiality of Certain Medical Records); Title 5 U.S.C. § 522a (Records Maintained on Individuals); as well as 45 CFR Parts 160, 162, and 164 (HIPAA).

The records referred to above shall be and remain the property of VA and shall not be removed or transferred from VA except in accordance with U.S.C.552a (Privacy Act), 38 U.S.C. 5701 (Confidentiality of claimants’ records), 5 U.S.C. 552 (FOIA), 38 U.S.C. 5705 (Confidentiality of Medical Quality Assurance Records) 38 U.S.C. 7332 (Confidentiality of certain medical records) and federal laws, rules and regulations. Subject to applicable federal confidentiality or privacy laws, the Contractor, or their designated representatives, and designated representatives of federal regulatory agencies having jurisdiction over Contractor, may have access to VA ‘s records, at VA’s place of business on request during normal business hours, to inspect and review and make copies of such records.

Charting Documentation: Contracted Staff are responsible for completing all charting documentation while on duty. If contracted staff fails to complete charting documentation before shift is completed Contractor staff shall return to facility and complete the appropriate charting documentation within 48 hours; at no cost to the Government.

mailto:vafsccshd@va.gov

Health Insurance Portability and Accountability Act (HIPAA):

Compliance: The Contractor is restricted from making disclosures of VA records, or information contained in such records, to which it may have access, except to the extent that explicit disclosure authority from VA has been received. The Contractor is subject to the same penalties and liabilities for unauthorized disclosures of such records as VA.

The Contractor shall take reasonable measures to ensure patient privacy and confidentiality.

The contract service providers herein agree to take all reasonable precautions to safeguard patient information from unauthorized access or modification, in both electronic and hard-copy formats. This includes not only electronic security measures such as “strong” user passwords on computer systems, but also physical barriers to prevent unauthorized use of computer work-stations; that hard copy patient files are in secured lockable areas, that files are in lockable cabinets, that the cabinets can in fact be locked, i.e., keys are available, and the locking mechanisms work properly. This precaution also includes the proper transfer of patient information via electronic means, such as faxing or system-to-system transmission. The Contractor will ensure:

That no patient information of any type shall be given to outside parties, agencies or organizations of any type without the expressed written consent of the patient and The VANCHCS and only in capacities directly related to the provision of the services contracted in this instrument.

That only the minimum necessary patient information is used to provide appropriate service to the correct patient.

That the undersigned understands that all parties are bound by the requirements of the “Health Insurance Portability and Accountability Act of 1996” which provide guidance on the protection of patient privacy and confidentiality. This Act mandates that all government agencies and those bodies with whom they contract must follow the directives of the Act.

RECORDS MANAGEMENT

The following standard items relate to records generated in executing the contract:

Citations to pertinent laws, codes and regulations such as 44 U.S.C chapters 21, 29, 31 and 33;

Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228.

The Contractor shall treat all deliverables under the contract as the property of the U.S.

Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

The Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records.

The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act.

Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.

The Government Agency owns the rights to all data/records produced as part of this contract.

The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

The Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.].

No disposition of documents will be allowed without the prior written consent of the CO. The Agency and its Contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.

Contractor is required to obtain the CO's approval prior to engaging in any contractual relationship (Subcontractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, this contract. The Contractor (and any Subcontractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.

Addendum to FAR 52.212-4:

The following RFQ clauses apply to this acquisition:

52.252-2 Clauses Incorporated By Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address (es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

FAR Clauses Incorporated by Reference:

52.203-16 Preventing Personal Conflicts of Interest (DEC 2011) http://www.va.gov/oal/library/vaar/

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (APR 2014)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY 2011) 52.204-13 System for Award Management Maintenance (Oct 2016) 52.212-4 Contract Terms and Conditions- Commercial Items (JAN 2017) 52.224-1 Privacy Act Notification (APR 1984) 52.224-2 Privacy Act (APR 1984) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.233-1 Disputes (May 2014) 52.232-18 Availability of Funds (APR 1984) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.247-34 F.O.B Destination (Nov 1991)

Clauses Incorporated by Full Text:

52.216-18 – Ordering (Oct 1995)

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

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

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

(End of Clause)

52.216-19 Order Limitations (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,500.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of; $2,500.00

(2) Any order for a combination of items in excess of $100,000.00; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

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

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 30 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

52.216-21 -- Requirements (Oct 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government’s requirements do not result in orders in the quantities described as “estimated’’ or “maximum” in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

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

(End of Clause)

52.217-8 Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 10 days of the contract’s end date.

(End of Clause)

52.217-9 Option to Extend the Term of the Contract (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years and six months.

852.203-70 Commercial Advertising (MAY 2008)

The bidder or offeror agrees that if a contract is awarded to him/her, as a result of this solicitation, he/she will not advertise the award of the contract in his/her commercial advertising in such a manner as to state or imply that the Department of Veterans Affairs endorses a product, project or commercial line of endeavor.

852.215-71 EVALUATION FACTOR COMMITMENTS (DEC 2009)

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

852.219-75 Subcontracting Commitments Monitoring and Compliance (JUL 2018)

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

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

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

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b).

The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor compliance with the subcontracting commitments.

(End of clause)

852.232-72 Electronic Submission of Payment Requests (NOV 2012)

(a) Definitions. As used in this clause-

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

(2) Designated agency office has the meaning given in 5 CFR 1315.2(m).

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

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

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

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

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

(1) VA’s Electronic Invoice Presentment and Payment System. (See Web site at http://www.fsc.va.gov/einvoice.asp.)

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI). The X12 EDI Web site (http://www.x12.org) includes additional information on EDI 810 and 811 formats.

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

(e) Exceptions. If, based on one of the circumstances below, the contracting officer directs that payment requests be made by mail, the contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for:

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

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

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

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

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

(End of clause)

852.237-70 Contractor Responsibilities (APR 1984)

The contractor shall obtain all necessary licenses and/or permits required to perform this work. He/she shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract. He/ she shall be responsible for any injury to himself/herself, his/her employees, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by his/her employees fault or negligence, and shall maintain personal liability and property damage insurance having coverage for a limit as required by the laws of the State of Florida. Further, it is agreed that any negligence of the Government, its officers, agents, servants and employees, shall not be the responsibility of the contractor hereunder with the regard to any claims, loss, damage, injury, and liability resulting there from.

(End of Clause)

(End of Addendum to 52.212-4) http://www.fsc.va.gov/einvoice.asp http://www.x12.org/

52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders Commercial Items (JAN 2018)

(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: [Contracting Officer check as appropriate.]

_x_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 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 Conduct (Oct 2015) ( 41 U.S.C. 3509).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_x_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) ( Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved]

_x_ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) ( Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) ( Pub. L. 111-117, section 743 of Div. C).

_x_ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) ( 31 U.S.C. 6101 note).

https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=20337544af3a10f04d4d30c9b5c0af0b&term_occur=2&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-5 https://www.law.cornell.edu/cfr/text/48/52.203-19 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=67d482cddb1cdef93308ed069e2ce218&term_occur=1&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-5 https://www.law.cornell.edu/rio/citation/Pub._L._113-235 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=aab2c7be8acb8b308f8f44f5a6488dff&term_occur=1&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-5 https://www.law.cornell.edu/cfr/text/48/52.209-10 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=d37e715123e7e1f1ad30a775ab975c2d&term_occur=1&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-5 https://www.law.cornell.edu/cfr/text/48/52.233-3 https://www.law.cornell.edu/uscode/text/31/3553 https://www.law.cornell.edu/cfr/text/48/52.233-4 https://www.law.cornell.edu/uscode/text/19/3805…