36C24819Q0035-002.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. DUNS: DUNS+4:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 91

36C24819Q0035 06-11-2019

Shaundrica M. Close, Contracting Officer 407-646-4061 07-02-2019 4:30 E.S.T.

36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) Orlando Veterans Affairs Medical Center 13800 Veterans Way Orlando FL 32827

X

623220

$15 Million

X

N/A

X

36C548

Department of Veterans Affairs West Palm Beach VA Medical Center Mental Health Service 7305 North Military Trail West Palm Beach FL 33410

36C248

Department of Veterans Affairs Network Contracting Office 8 (NCO 8) Orlando Veterans Affairs Medical Center 13800 Veterans Way Orlando FL 32827

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971

See CONTINUATION Page

The contractor shall provide Community Based Residential Treatment Services for Substance Use Disorders (SUD) in support of eligible beneficiaries of the West Palm Beach Veterans Affairs Medical Center.

Reference pages six (6) thru eight (8) for section B.2, Price Schedule.

Reference pages nine (9) thru 41 for section B.3, Performance k Work Statement.

The current wage determination listed on DOL's website will be the applicable wage determination included in any awarded contract and updated if the option year is exercised. Refer to attachment five (5) for the current wage determination.

See CONTINUATION Page

X

X 1

Rodney Cassidy Contracting Officer

36C24819Q0035

Table of Contents

SECTION A

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

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE SCHEDULE

B.3 PERFORMANCE WORK STATEMENT

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT

2018)

C.2 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION

SYSTEMS (JUN 2016)

C.3 52.216-18 ORDERING (OCT 1995)

C.4 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.5 52.216-22 INDEFINITE QUANTITY (OCT 1995)

C.6 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.7 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

C.8 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984) 50

C.9 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.10 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (DEC 2009)

C.11 VAAR 852.219-9 VA SMALL BUSINESS SUBCONTRACTING PLAN MINIMUM

REQUIREMENTS (DEC 2009)

C.12 VAAR 852.219-71 VA MENTOR-PROTÉGÉ PROGRAM (DEC 2009)

C.13 VAAR 852.219-72 EVALUATION FACTOR FOR PARTICIPATION IN THE VA

MENTOR-PROTÉGÉ PROGRAM (DEC 2009)

C.14 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND

COMPLIANCE (JUL 2018)

C.15 VAAR 852.219-76 SUBCONTRACTING PLANS MONITORING AND COMPLIANCE

(JUL 2018)

C.16 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.17 VAAR 852.237-7 INDEMNIFICATION AND MEDICAL LIABILITY INSURANCE

(JAN 2008)

C.18 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)

C.19 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008) 55

C.20 VAAR 852.271-70 NONDISCRIMINATION IN SERVICES PROVIDED TO

BENEFICIARIES (JAN 2008)

C.21 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.22 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (MAY 2019)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 ATTACHMENT ONE (1) – ORGANIZATIONAL CONFLICT OF INTEREST

36C24819Q0035

D.2 ATTACHMENT TWO (2) – CONTRACTOR CERTIFICATION

D.3 ATTACHMENT THREE (3) – CONTRACTOR RULES OF BEHAVIOR

D.4 ATTACHMENT FOUR (4) – PAST PERFORMANCE QUESTIONNAIRE

D.5 ATTACHMENT FIVE (5) – WAGE DETERMINATION

D.6 ATTACHMENT SIX (6) – SUBCONTRACTING PLAN MODEL

D.7 ATTACHMENT SEVEN (7) – QUALITY ASSURANCE SURVEILLANCE PLAN

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (OCT 2018)

E.2 52.204-22 ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017)

E.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.4 52.216-1 TYPE OF CONTRACT (APR 1984)

E.5 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.6 VAAR 852.209-70 ORGANIZATIONAL CONFLICTS OF INTEREST (JAN 2008)

E.7 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-

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

E.8 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

(OCT 2018)

E.9 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.10 VAAR 852.273-72 ALTERNATIVE EVALUATION (JAN 2003)

E.11 VAAR 852.273-74 AWARD WITHOUT EXCHANGES (JAN 2003)

E.12 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.13 852.273-73 EVALUATION – HEALTH-CARE RESOURCES (JAN 2003)

E.14 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

ITEMS (OCT 2018)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

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

CONTRACTOR: _________________________________________

Title: __________________________________________

Address: __________________________________________

Telephone: __________________________________________

Facsimile: _________________________________________

E-mail: __________________________________________

Federal Taxpayer ID Number __________________________________________

Dun and Bradstreet Number __________________________________________

b. GOVERNMENT: Contracting Officer (CO) (90C) (Solicitation) Rodney Cassidy Department of Veterans Affairs Network Contracting Office 8 (NCO 8) 8875 Hidden River Parkway Suite 525 Orlando, FL 33647 Phone: 813-631-2828 Email: Rodney.Cassidy@va.gov

Contracting Officer (CO) (90C) (Contract) Shaundrica M. Close Department of Veterans Affairs Network Contracting Office 8 (NCO 8) 13800 Veterans Way Orlando, FL 32827 Phone: 407-646-4061 Email: Shaundrica.Close@va.gov

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

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually [] mailto:Shaundrica.Close@va.gov

c. Other [X] Monthly

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with Veterans Affairs Acquisition Regulation (VAAR) Clause 852.232-72 Electronic Submission of Payment Requests (NOV 2018).

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

AMENDMENT NO DATE

6. ATTENTION LARGE BUSINESS: Large Businesses are to submit a Subcontracting Plan, in accordance with Federal Acquisition Regulation (FAR) 52.219-8, Utilization of Small Business Concerns, FAR 52.219-9, Small Business Subcontracting VAAR 852.219-9, V e t e r a n A f f a i r s (VA) Small Business Subcontracting Plan Minimum Requirements with their Quote. Refer to Attachment D.6, Subcontracting Plan Model. Goals are recommended and shall be expressed in terms of percentages of total planned dollars. Subcontracting plan is to include a description of the principal types of supplies and services to be subcontracted out and identification of the types planned for subcontracting in the area of Small, Small Disadvantaged, Woman-Owned, Hub-Zone, Service Disabled Veteran and Veteran-Owned Small Business concerns.

a. In accordance with the United States Department of Veterans Affairs Office of Small and Disadvantaged Business Utilization (OSDBU) Subcontracting Plan Model, the following goals are required for each of the socioeconomic groups: Small Business (including Alaska Native Corporations (ANC) and Indian Tribes) 17.5%, Service Disabled Veteran-Owned Small Business 5.0%, Veteran-Owned Small Business 7.0%, Small Disadvantaged Business (including ANC and Indian Tribes) 5.0%, Women-Owned Small Business 5.0% and HUBzone Small Business 3.0%. The offeror agrees, if awarded a contract, to use Service- Disabled Veteran-Owned Small Businesses or Veteran-Owned Small Businesses proposed as subcontractors in accordance with 852.215-70 included herein, eligible Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, or to substitute one (1) or more Service-Disabled Veteran Owned Small Businesses or Veteran-Owned Small Businesses for subcontract work of the same or similar value.

7. CAUTION: Late submissions, modifications, and withdrawals: See Provision 52.212-1, Instructions to Offerors - Commercial Items. Quote is subject to all terms and conditions of this solicitation.

8. REQUEST FOR QUOTE: Request for Quote (RFQ) for furnishing services identified within the schedule will be submitted electronically to the CO at Shaundrica.Close@va.gov until the date and time specified in block eight (8) of this solicitation.

9. POST AWARD ORIENTATION: The CO will schedule a post award orientation conference for contract orientation purposes as required by VA Procurement Policy Memorandum 2019-01, Post Award Orientation (VIEWS 00119972).

https://www.va.gov/oal/docs/business/pps/ppm201901.pdf

END OF CONTRACT ADMINISTRATION DATA

https://www.va.gov/oal/docs/business/pps/ppm201901.pdf

B.2 PRICE SCHEDULE

The offeror shall provide Community Based Residential Treatment for Substance Use Disorders (SUD).

All services shall be performed off-site at the offeror’s facility. Offeror shall provide professional and technical services to include materials, supplies, equipment and qualified supervision specified herein. The contract will be in support of eligible beneficiaries of the West Palm Beach Veterans Affairs Medical Center, 7305 North Military Trail West Palm Beach, FL 33410.

1. CONTRACT TYPE: Fixed Price, Indefinite Delivery/Indefinite Quantity (ID/IQ)

2. AUTHORITY: Title 38 United States Code (U.S.C.), 1703 Contracts for Hospital Care and Medical Services in Non-Department Facilities, FAR Part 12 – Acquisition of Commercial Items in conjunction with Veterans Affairs Acquisition Regulation (VAAR) 873, Simplified Acquisition Procedures for Health-Care Resources.

3. PLACE OF PERFORMANCE: Services shall be provided off-site at the Offeror’s Facility.

4. PERIOD OF PERFORMANCE: One (1) base year with one (1) – one (1) year option period.

5. TASK ORDER PROCEDURES: In lieu of issuing an individual task order whenever there is a need for service or a patient is placed, one (1) task order will be issued to fund the base period and will be modified to increase or decrease funding as necessary. The task order will be obligated with a Not to Exceed (NTE) amount and the Contractor shall not exceed estimated quantities or dollar threshold without the expressed or written consent of the Contracting Officer. Adjustments made without approval will be considered an Unauthorized Commitment; violation under Federal Acquisition Regulation, FAR 1.602-3. If the Government choose to exercise the option period; an individual task order will be issued at the time of exercising the option. The task order will contain date of order, order number, contract line item number, description, estimated quantity, unit price, performance schedule, place of performance, accounting and appropriations data, and method of payment.

6. MINIMUM AND MAXIMUM GUARANTEED: The maximum amount to be ordered for this solicitation for the base, and option period, if exercised by the Government, is $6.9M. If the maximum aggregate amount of $6.9M is reached prior to the expiration date of the contract, no further task orders will be issued under this contract. The Government will issue a new solicitation if services are still required.

The maximum guaranteed for the contract will be determined based on the need prior to contract award.

If the maximum aggregate amount determined for the contract is reached prior to the end of the final period of performance, no further task orders will be issued on the contract.

7. ESTIMATED QUANTITIES: The quantities or dollar threshold listed in the Price Schedule, effective for the periods stated are estimates only, and are not purchased by this contract. Except as this contract may otherwise provide, if the VA's requirements do not result in orders in the quantities or dollar amount described, that fact will not constitute the basis for an equitable price adjustment.

8. TERMINATION OF SERVICES: The VA reserves the right to remove any or all VA patients from the offeror’s facility at any time and/or send patients to facilities other than the offeror, when it is determined to be in the best interest of VA or patient(s).

9. EVALUATION OF OPTIONS: Except when it is determined in accordance with FAR 17.206 (b) not to be in the Government’s best interest, the Government will evaluate offers for award purposes by adding the total price for the option to the total price for the basic requirement. This includes option under FAR 52.217-8, Option to Extend Services, which applies to this solicitation. Evaluation of the option under FAR 52.217-8 will be accomplished by using the prices offered for the last option period to determine the price for a six (6) month option period, which will be added to the base and other option years to arrive at the total price. Evaluation of options will not obligate the Government to exercise the option(s).”

10. PRICING INSTRUCTIONS: Offerors must fill out the cells in the following columns in the Price Schedule for each Contract Line Item Number (CLIN): unit price, estimated total price, estimated grand total for the base year, the option year and the estimated grand total for the base year and option year one (1) for pricing and evaluation purposes. Throughout the life of the contract the VA will pay the awarded fixed rate.

BASE YEAR: July 22, 2019 thru July 23, 2020

CLIN Description of Service Unit

Estimated Quantity

Unit Price

Estimated Total Price

0001 Community Based Residential Treatment for

SUD

Note: It is estimated that 120 veterans will require the service annually, with an average length of stay of 30 days

DY 3600

ESTIMATED GRAND TOTAL BASE YEAR $_____________________________________

OPTION YEAR ONE (1): July 22, 2020 thru July 23, 2021

CLIN Description of Service Unit

Estimated Quantity

Unit Price

Estimated Total Price

1001 Community Based Residential Treatment for

SUD

Note: It is estimated that 120 veterans will require the service annually, with an average

DY 3600

length of stay of 30 days

ESTIMATED GRAND TOTAL OPTION YEAR ONE (1) $__________________________________

ESTIMATED GRAND TOTAL BASE YEAR AND OPTION YEAR ONE (1)

END OF PRICE SCHEDULE

B.3 PERFORMANCE WORK STATEMENT (PWS)

1. GENERAL:

1.1. Background: The West Palm Beach VA Medical Center (WPBVAMC), 7305 N. Military Trail, West Palm Beach, FL 33410, has a requirement to provide community-based Residential Rehabilitation Treatment Services for Veterans with a primary diagnosis of Substance Abuse Disorder. To improve access to residential rehabilitation services for substance abuse for Veterans, the WPBVAMC is contracting with a private, Joint Commission accredited or equivalent residential rehabilitation facility to provide specialized services for Veterans in the local community via a pilot program. Through the pilot program, the Contractor shall provide for the continuous delivery and management of the contracted services for all referred VA patients, inclusive of a model of care that is specific to the needs of Veterans and incorporates Whole Health practices into the recovery model. Referrals for medical or specialty care, extensive diagnostic work and non-emergency hospitalization shall be made to the WPBVAMC. The Contractor shall work collaboratively with the WPBVAMC to coordinate all aspects of outpatient follow-up care through the WPBVAMC Outpatient Substance Abuse Program.

1.1.1. Where the contractor does not require TJC accreditation or other regulatory requirement regarding work competency, the contractor must meet the standards or exceed VA. The contractor is required to develop and maintain the following documents for each employee working on the contract; credentials and qualifications for the job; a current competence assessment checklist (an assessment of knowledge, skills, abilities and behaviors to perform a job correctly and skillfully; includes knowledge and skills required to provide care for certain patient populations, as appropriate); a current performance evaluation supporting ability of the contractor employee to successfully perform the job required in this solicitation and the listing of relevant continuing education for the last two (2) years. The contractor shall provide current copies of these records at the time of contract award and annually on the anniversary date of contract award to the VA COR, or upon request, for each employee working on the contract.

1.2. Authority: Title 38 United States Code (U.S.C.), 1703 Contracts for Hospital Care and Medical Services in Non-Department Facilities, FAR Part 12 – Acquisition of Commercial Items in conjunction with Veterans Affairs Acquisition Regulation (VAAR) 873, Simplified Acquisition Procedures for Health-Care Resources.

1.3. Policy/Handbooks: The contractor shall be subject to the following policies, including any subsequent updates during the period of performance:

1.3.1. 42 Code of Federal Regulations (CFR) Part 482 Conditions of Participation Hospitals, including Sub-part E Requirements for Specialty Hospitals:

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr;sid=aceca18b9fbe0110ffa37c08075c2b0e;rgn=div5;view=text;node=42%3A5.

0.1.1.1;idno=42;cc=ecfr

1.3.2. VA Directive 1663: Published 5/10/2018

https://www1.va.gov/vapubs/viewPublication.asp?Pub_ID=969&FType=2

1.3.3. VHA Handbook 1100.17: National Practitioner Data Bank Reports:

http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=2135

1.3.4. VHA Handbook 1100.18 Reporting and Responding to State Licensing Boards:http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=1364 http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr%3Bsid%3Daceca18b9fbe0110ffa37c08075c2b0e%3Brgn%3Ddiv5%3Bview%3Dtext%3Bnode%3D42%3A5.0.1.1.1%3Bidno%3D42%3Bcc%3Decfr http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr%3Bsid%3Daceca18b9fbe0110ffa37c08075c2b0e%3Brgn%3Ddiv5%3Bview%3Dtext%3Bnode%3D42%3A5.0.1.1.1%3Bidno%3D42%3Bcc%3Decfr http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr%3Bsid%3Daceca18b9fbe0110ffa37c08075c2b0e%3Brgn%3Ddiv5%3Bview%3Dtext%3Bnode%3D42%3A5.0.1.1.1%3Bidno%3D42%3Bcc%3Decfr http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr%3Bsid%3Daceca18b9fbe0110ffa37c08075c2b0e%3Brgn%3Ddiv5%3Bview%3Dtext%3Bnode%3D42%3A5.0.1.1.1%3Bidno%3D42%3Bcc%3Decfr http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr%3Bsid%3Daceca18b9fbe0110ffa37c08075c2b0e%3Brgn%3Ddiv5%3Bview%3Dtext%3Bnode%3D42%3A5.0.1.1.1%3Bidno%3D42%3Bcc%3Decfr https://www1.va.gov/vapubs/viewPublication.asp?Pub_ID=969&FType=2 http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=2135 http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=1364

1.3.5. VHA Handbook 1605.1, Privacy and Release of Information:

http://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=1423

1.3.6. VHA Handbook 1907.01 Health Information Management and Health Records:

http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=2791

1.3.7. VHA Directive 2006-041 “Veterans’ Health Care Service Standards” (expired but still in effect pending revision):

https://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=1443

1.3.8. VHA Directive 2009-038: VHA National Dual Care Policy:

http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=2058

1.3.9. Health Insurance Portability and Accountability Act of 1996 (HIPAA):

http://www.cms.gov/Regulations-and-Guidance/HIPAA-Administrative- Simplification/HIPAAGenInfo/downloads/hipaalaw.pdf

1.3.10. Patient Self Determination Act of 1991:

http://www.gpo.gov/fdsys/search/pagedetails.action?st=citation%3A42+USC+1395dd&gr anuleId=USCODE-2010-title42-chap7-subchapXVIII-partE-sec1395cc&packageId=USCODE-2010-title42&bread=true

1.3.11. Privacy Act of 1974 (5 U.S.C. 552a) as amended:

http://www.justice.gov/oip/foia_updates/Vol_XVII_4/page2.hHm

1.3.12. VHA Handbook 1160.01: Uniform Mental Health Services in VA Medical Centers and Clinics as amended:

https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=1762

1.3.13. VA Publications: https://www.va.gov/vapubs/

1.3.14. VHA Publications: https://www.va.gov/vhapublications/publications.cfm?pub=2

1.4. Definitions/Acronyms: Terms used in this contract shall be interpreted as follows unless the context expressly requires a different construction and/or interpretation. In case of a conflict in language between the definitions and other sections of this contract, the language in this section shall govern.

1.4.1. AA: Alcoholics Anonymous

1.4.2. ANC: Alaska Native Corporations

1.4.3. BAA: Business Associate Agreement

1.4.4. BAM: Brief Addiction Monitor

1.4.5. BBA: Balanced Budget Act

1.4.6. BLS: Basic Life Support

1.4.7. C&A: Certification and Accreditation

1.4.8. CARF: Commission on Accreditation of Rehabilitation Facilities http://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=1423 http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=2791 https://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=1443 http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=2058 http://www.cms.gov/Regulations-and-Guidance/HIPAA-Administrative-Simplification/HIPAAGenInfo/downloads/hipaalaw.pdf http://www.cms.gov/Regulations-and-Guidance/HIPAA-Administrative-Simplification/HIPAAGenInfo/downloads/hipaalaw.pdf http://www.cms.gov/Regulations-and-Guidance/HIPAA-Administrative-Simplification/HIPAAGenInfo/downloads/hipaalaw.pdf http://www.gpo.gov/fdsys/search/pagedetails.action?st=citation%3A42%2BUSC%2B1395dd&granuleId=USCODE-2010-title42-chap7-subchapXVIII-partE-sec1395cc&packageId=USCODE-2010-title42&bread=true http://www.gpo.gov/fdsys/search/pagedetails.action?st=citation%3A42%2BUSC%2B1395dd&granuleId=USCODE-2010-title42-chap7-subchapXVIII-partE-sec1395cc&packageId=USCODE-2010-title42&bread=true http://www.gpo.gov/fdsys/search/pagedetails.action?st=citation%3A42%2BUSC%2B1395dd&granuleId=USCODE-2010-title42-chap7-subchapXVIII-partE-sec1395cc&packageId=USCODE-2010-title42&bread=true http://www.gpo.gov/fdsys/search/pagedetails.action?st=citation%3A42%2BUSC%2B1395dd&granuleId=USCODE-2010-title42-chap7-subchapXVIII-partE-sec1395cc&packageId=USCODE-2010-title42&bread=true http://www.gpo.gov/fdsys/search/pagedetails.action?st=citation%3A42%2BUSC%2B1395dd&granuleId=USCODE-2010-title42-chap7-subchapXVIII-partE-sec1395cc&packageId=USCODE-2010-title42&bread=true http://www.justice.gov/oip/foia_updates/Vol_XVII_4/page2.htm https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=1762 https://www.va.gov/vapubs/ https://www.va.gov/vhapublications/publications.cfm?pub=2

1.4.9. CBI: Compliance & Business Integrity

1.4.10. CDC: Centers for Disease Control and Prevention

1.4.11. CFR: Code of Federal Regulations

1.4.12. CLIN: Contract Line Item Number

1.4.13. CMP: Civil Monetary Penalty

1.4.14. CMS: Centers for Medicare & Medicaid Services

1.4.15. COMM: Communications

1.4.16. Contracting Officer (CO): The person executing this contract on behalf of the Government with the authority to enter into and administer contracts and make related determinations and findings.

1.4.17. Contracting Officer’s Representative (COR): A person appointed by the CO to take necessary action to ensure the Contractor performs in accordance with and adheres to the specifications contained in the contract and to protect the interest of the Government. The COR will report to the CO promptly any indication of non-compliance in order that appropriate action can be taken.

1.4.18. COS: Chief of Staff

1.4.19. CME: Continuing Medical Education

1.4.20. CPARS: Contractor Performance Assessment Reporting System

1.4.21. CPR: Cardiopulmonary Resuscitation

1.4.22. Credentialing: Credentialing is the systematic process of screening and evaluating qualification and other credentials, including licensure, required education, relevant training and experience and current competence and health status.

1.4.23. CSCA: Contractor Security Control Assessment

1.4.24. DD: Defense Department

1.4.25. DEA: Drug Enforcement Agency

1.4.26. DOL: Department of Labor

1.4.27. DY: Day

1.4.28. ESRS: Electronic Subcontracting Reporting System

1.4.29. EST: Eastern Standard Time

1.4.30. Estimated Quantities: The quantities or dollar threshold listed in the Price Schedule, effective for the periods stated are estimates only and are not purchased by this contract.

Except as this contract may otherwise provide, if the VA’s requirements do not result in orders in the quantities or dollar amount described, that fact will not constitute the bases for an equitable price adjustment.

1.4.31. FAPIIS: Federal Awardee Performance and Integrity Information System

1.4.32. FAR: Federal Acquisition Regulation

1.4.33. FIPS: Federal Information Processing Standards

1.4.34. HHS: Department of Health and Human Services

1.4.35. HICPAC: Healthcare Infection Control Practices Advisory Committee - a federal advisory committee made up of fourteen (14) external infection control experts who provide advice and guidance to the CDC and the Secretary of HHS regarding the practice of health care infection control, strategies for surveillance and prevention and control of health care associated infections in United States health care facilities.

1.4.36. HIPAA: Health Insurance Portability and Accountability Act

1.4.37. ID: Identification

1.4.38. ISA: Interconnection Security Agreement

1.4.39. ISO: Information Security Officer

1.4.40. IT: Information Technology

1.4.41. LOS: Length of Stay

1.4.42. MOU: Memorandum of Understanding

1.4.43. NA: Narcotics Anonymous

1.4.44. NAICS: North American Industry Classification System

1.4.45. NARA: National Archives and Records Administration

1.4.46. National Provider Identifier (NPI): NPI is a standard, unique ten (10)-digit numeric identifier required by HIPAA. The Veterans Health Administration must use NPIs in all HIPAA-standard electronic transactions for individual (health care practitioners) and organizational entities (medical centers).

1.4.47. NCO 8: Network Contracting Office 8

1.4.48. Not to Exceed: Contractor shall not exceed estimated quantities or dollar threshold without the express or written consent of the CO. Adjustments made without approval will be considered an Unauthorized Commitment; violation under FAR 1.602-3.

1.4.49. NFPA: National Fire Protection Association

1.4.50. NISP: National Industrial Security Program

1.4.51. NIST: National Institute of Standards and Technology

1.4.52. NPPE: National Plan and Provider Enumeration

1.4.53. OIG: Office of Inspector General

1.4.54. ORCA: Online Representations and Certifications Application

1.4.55. OSDBU: Office of Small and Disadvantaged Business Utilization

1.4.56. OSHA: Occupational Safety of Health Administration

1.4.57. POC: Point of Contact

1.4.58. PII: Personally Identifiable Information

1.4.59. PPIRS: Past Performance Information Retrieval System

1.4.60. PTSD: Post Traumatic Stress Disorder

1.4.61. Privileging (Clinical Privileging): Privileging is the process by which a practitioner, licensed for independent practice; e.g., without supervision, direction, required sponsor, preceptor, mandatory collaboration, etc.; is permitted by law and the facility to practice independently, to provide specific medical or other patient care services within the scope of the individual’s license, based upon the individual’s clinical competence as determined by peer references, professional experience, health status, education, training and licensure.

Clinical privileges must be facility-specific and provider-specific.

1.4.62. PWS: Performance Work Statement

1.4.63. QA: Quality Assurance

1.4.64. QASP: Quality Assurance Surveillance Plan

1.4.65. QI: Quality Improvement

1.4.66. RFQ: Request for Quote

1.4.67. SAM: System for Award Management

1.4.68. SDVOSB: Service Disabled Veteran Owned Small Business

1.4.69. SF: Standard Form

1.4.70. SP: Special Publication

1.4.71. SUD: Substance Use Disorders

1.4.72. TJC: The Joint Commission

1.4.73. U.S.: United States

1.4.74. U.S.C: United States Code

1.4.75. VA: Veterans Affairs

1.4.76. VBA: Veterans Benefits Administration

1.4.77. VAAR: Veterans Affairs Acquisition Regulation

1.4.78. Veterans Affairs Medical Center (VAMC): The Veterans Health Administration is the component of the United States Department of Veterans Affairs (VA) led by the Under Secretary of Veterans Affairs for Health that implements the medical assistance program of the VA through the administration and operation of numerous VAMC’s, Outpatient Clinics, Community Based Outpatient Clinics, and VA Community Living Centers (VA Nursing Home) Programs.

1.4.79. Veterans Health Administration (VHA): The central office for administration of the VA medical centers throughout the United States. The VHA is in Washington, D.C.

1.4.80. VISN: Veterans Integrated Service Network

1.4.81. VOSB: Veteran Owned Small Business

1.4.82. WBPVAMC: West Palm Beach Veterans Affairs Medical Center

1.5. BILLING DEFINITIONS:

1.5.1. Length of Stay (LOS): The LOS is the period covered by the individual Unit Price. The LOS begins on the date of admission at the Contractor’s facility and will end upon the date of discharge from the Contractor’s facility. Additional days beyond the LOS for each CLIN will be reimbursed at the daily rate prescribed on the Price Schedule for each CLIN.

1.5.2. Residential Care (Facility) and Professional (Physician) Fees: All professional, technical, institutional and ancillary charges necessary to cover all services associated with residential care during the LOS.

1.5.3. SELF-REFERRAL: Referring patients to Contractor’s facility for follow-up care.

Contractor Personnel are prohibited from referring VA patients to their own practice(s).

2. QUALIFICATIONS/ACCREDITATION/LICENSING/STAFF:

2.1. The Contractor shall provide Joint Commission Accreditation or equivalent and State Licenses for all credentialed employee(s).

2.2. Contractor’s employee(s) shall maintain active standing with the licensing boards in their respective professions in accordance with the below requirements:

2.3. Program Manager: At a minimum, there must be one (1) full-time administrative staff member or his/her staff designee on duty or on-call available for emergencies, 24 hours a day, seven (7) days a week, 365 days a year. The Program Manager may be assigned other duties within the organization and shall be required to meet the following requirements:

2.3.1. The Program Manager shall be licensed by the Florida Board of Behavioral Sciences as a Licensed Clinical Social Worker or Licensed Marriage and Family Therapist.

2.3.1.1. All professional licenses shall be current, unrestricted, and in good standing with the Florida Board of Behavioral Sciences.

2.3.1.2. Shall have a master’s degree in Social Work or a master’s degree in Family Therapy

2.3.1.3. Shall have at least two (2) years of experience providing case management services in a non-profit, for profit, government or public social service type setting.

2.3.2. Clinical Case Manager: Contractor’s case management employee(s) shall hold a master’s degree in Social Work or a master’s degree in Marriage and Family Therapy. All professional licenses shall be current, unrestricted, and in good standing with the Florida Board of Behavioral Sciences. A license is preferred. Contractor’s case management employee(s) shall have at least two (2) years providing case management services in a non-profit, for profit, government, or public social service type employment setting.

2.3.3. Paraprofessional or Direct Care: At a minimum Contractor’s paraprofessional/direct care employee(s) shall have at least one (1) year experience working in a non-profit, for profit, government, or public social service type program setting with specific concentration in the field of chemical dependency. A certified addiction counselor qualification is required for this position and educational requirements to meet and maintain this qualification.

2.4. All technical and professional employee(s) shall be certified in BLS. American Heart Association is preferred.

2.5. Providers must maintain current an active BLS certification and provide a copy of BLS certification to COR every two (2) years.

2.6. Contractor shall have a certificate of liability for all services provided at their facility.

2.7. Contractor shall provide sufficient employee(s) in number and position with qualifications necessary to carry out the policies, responsibilities and programs of the facility.

2.8. Program staff shall have been trained to provide evaluation, detoxification, and referral services.

2.9. In a program with more than ten (10) residents who are receiving detoxification services, there shall be at least two (2) staff members on duty and awake at all times.

2.10. Current residents shall not be used to fulfill requirements of any part of these staffing requirements.

2.11. CONTRACTOR LIAISON/PRORGRAM MANAGER: The Contractor shall designate one (1) employee 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 shall be one (1) of the personnel performing under this contract. An alternate shall be designated, but the Contractor shall identify, in writing, those times when the alternate shall act as the liaison.

Contractor Liaison: _________________ Phone: ____________ Fax: ___________

2.12. DESCRIPTION AND STANDARDS OF FACILITIES:

2.12.1. Contractor’s facility shall meet the following:

2.12.2. Conform to the Life Safety Code, National Fire Protection Association (NFPA) #101 standards, reference http://www.nfpa.org/aboutthecodes/AboutTheCodes.asp?DocNum=101&cookie%5Ft est=1

2.12.3. Meet all City, County and State requirements concerning licensing and health codes

2.12.4. Meet all applicable requirements of the Joint Commission on Accreditation of

Hospitals or equivalent, reference at http://www.jcrinc.com/Accreditation- Manuals/HS12/4107/.

2.12.5. Have a current occupancy permit or license as required by the authority that has jurisdiction to issue and shall adhere to all applicable local, state and federal laws.

2.12.6. Be wheelchair accessible and meet Americans with Disabilities Act guidelines for buildings and facilities found at: http://www.ada.gov/reg3a.html#Anchor-Appendix- 52467.

2.12.7. Take full responsibility for Veteran’s well-being and safety once the Veteran enters their facility. All identified safety issues resulting from an inspection and/or Veteran resident observation shall be investigated immediately and corrected in a timely manner appropriate to the incident.

2.12.8. A change of facility or services affecting this contract shall be promptly reported to the VA Contracting Officer.

2.12.9. Random drug and alcohol testing of Veterans is at the discretion of the Contractor for the facility to remain drug and alcohol free.

2.13. Credentialing and Privileging: All Contractor employee(s) who shall provide services under this contract must be appropriately credentialed and privileged, if required, according to the Bylaws and Rules of the contractor’s facility. If Contractor employee(s) are not credentialed and privileged or have credentials/privileges suspended or revoked, the Contractor shall furnish an acceptable substitute without any additional cost to the government.

2.14. Technical Proficiency: Contractor employee(s) shall be technically proficient in the skills necessary to fulfill the government’s requirements, including the ability to speak, understand, read and write English fluently. Contractor shall provide documents upon request of the CO/COR to verify current and ongoing competency, skills, certification and/or licensure related to the provision of care, treatment and/or services performed. Contractor shall provide verifiable evidence of all educational and training experiences including any gaps in educational history for all Contractor employee(s) when requested.

2.15. Continuing Medical Education Requirements: Contractor employee(s) registered by national associations shall continue to meet the minimum standards for CME and WPBVAMC Bylaws and Rules to remain current as prescribed by legal requirements. CME is the sole responsibility of the Contractor, shall be obtained at no additional cost to the Government and shall be reported to the COR annually on the first normal duty day in January for the previous calendar year. Periodic CME may be conducted at the WPBVAMC and shall be available, at no cost, to any Contractor health care provider.

2.16. Training: Contractor shall meet all VA educational requirements. Contractor employee(s) http://www.nfpa.org/aboutthecodes/AboutTheCodes.asp?DocNum=101&cookie%5Ftest=1 http://www.nfpa.org/aboutthecodes/AboutTheCodes.asp?DocNum=101&cookie%5Ftest=1 http://www.jcrinc.com/Accreditation-Manuals/HS12/4107/ http://www.jcrinc.com/Accreditation-Manuals/HS12/4107/ http://www.ada.gov/reg3a.html#Anchor-Appendix-52467 http://www.ada.gov/reg3a.html#Anchor-Appendix-52467 must meet mandatory course requirements as required by the Contractor’s facility.

2.17. Standard Personnel Testing/Infection Control: Contractor shall provide a statement with the quote that all required infection control testing is current and that the contractor is compliant with OSHA regulations concerning occupational exposure to blood borne pathogens.

The Contractor shall also notify the VA of any significant communicable disease exposures and the VA will also notify the contractor of the same, as appropriate. Contractor shall adhere to current CDC/HICPAC Guideline for Infection Control in health care personnel (as published in the American Journal for Infection Control 1998; 26:289-354 http://www.cdc.gov/hicpac/pdf/InfectControl98.pdf) for disease control. Tests shall be current within the past year.

2.17.1. The Contractor shall certify that his/her employee(s) have received the following testing/immunizations within the past year and shall maintain coverage during the contract period. Information must be provided to the COR upon contract award and annually thereafter.

2.17.2. Tuberculosis Testing

2.17.3. Immunizations. For purposes of infection control, all Contractor employee(s) 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.

Contractor employee(s) shall not be allowed to perform duty until immunization documentation is provided to the COR.

2.17.4. Health Restrictions – Contractor employee(s) shall have no health or physical disability restrictions which shall interfere with the performance of duties.

2.17.5. As a condition of employment, OSHA requires that all Contractor employee(s) who shall have occupational exposure to blood, other body fluids, or other potentially infectious materials, receive Hepatitis B vaccine, sign a voluntary declination or have documented proof of immunity to Hepatitis B infection. The immunization shall be the responsibility of the Contractor at no cost to the Government.

2.17.6. The Contractor’s employee(s) having patient contact or exposure to biological or pathological specimens shall be immunized against, be granted an immunization waiver or have documented proof of immunity to: rubella, mumps, polio and Hepatitis B. Contractor employee(s) shall be free of infectious diseases (to include but not limited to active Tuberculosis and Viral Hepatitis) that might reasonably be expected to place other workers, patients or the public at risk.

2.17.7. The Contractor shall provide the Government with all the information necessary to ensure that Government records are maintained correctly and in compliance with TJC, OSHA and the Center for Disease Control health records requirements, for each individual Contractor employee to the COR upon request.

2.18. National Provider Identifier (NPI): NPI is a standard, unique ten (10) - digit numeric identifier required by HIPAA. The VHA must use NPIs in all HIPAA-standard electronic transactions for individual (health care practitioners) and organizational entities (medical centers). The Contractor shall have or obtain appropriate NPI and if pertinent the Taxonomy Code confirmation notice issued by the CMS NPPE. The information shall be provided to the CO with the quote.

http://www.cdc.gov/hicpac/pdf/InfectControl98.pdf

2.19. Conflict of Interest: The Contractor is responsible for identifying and communicating to the CO and COR conflicts of interest at the time of q u o t e and during the entirety of contract performance. At the time of quote, the Contractor shall provide a statement which describes, in a concise manner, all relevant facts concerning any past, present, or currently planned interest (financial, contractual, organizational, or otherwise) or actual or potential organizational conflicts of interest relating to the services to be provided. The Contractor shall also provide statements containing the same information for any identified consultants or subcontractors who shall provide services. The Contractor shall provide relevant facts that show how it’s organizational and/or management system or other actions would avoid or mitigate any actual or potential organizational conflicts of interest. These statements shall be in response to the VAAR provision 852.209-70 Organizational Conflicts of Interest (Jan 2008) and fully outlined in response to the subject attachment in Section D.1 of the solicitation document.

2.20. The Contractor shall not employ any person who is an employee of the United States Government if the employment of that person would create a conflict of interest. The Contractor shall not employ any person who is an employee of the WPBVAMC, unless such person seeks and receives approval in accordance with WPBVAMC Regulations. Nor shall the Contractor employ any person who, as a member the Contractor staff, would create a conflict of interest or the appearance of a conflict of interest, particularly with regard to influencing the contract negotiations or terms of the contract. In any such case, WPBVAMC will review the matter and give its approval in accordance with agency ethics rules.

2.21. Contractor shall not act as Fiduciary or Guardian for any Veteran resident nor provide any assistance to Veteran residents outside the scope identified in the PWS without written prior approval from the Chief, Social Work Service, WPBVAMC and CO.

2.22. Citizenship related Requirements: The Contractor certifies that the Contractor shall comply with any and all legal provisions contained in the Immigration and Nationality Act of 1952, As Amended; its related laws and regulations that are enforced by Homeland Security, Immigration and Customs Enforcement and the U.S Department of Labor as these may relate to non-immigrant foreign nationals working under contract or subcontract for the Contractor while providing services to Department of Veterans Affairs patients.

2.22.1.1. While performing services for the Department of Veterans Affairs, the

Contractor shall not knowingly employ, contract or subcontract with an illegal alien; foreign national non-immigrant who is in violation of their status, as a result of their failure to maintain or comply with the terms and conditions of their admission into the United States. Additionally, the Contractor is required to comply with all “E-Verify” requirements consistent with “Executive Order 12989” and any related pertinent Amendments, as well as applicable Federal Acquisition Regulations.

2.22.1.2. If the Contractor fails to comply with any requirements outlined in the preceding paragraphs or its Agency regulations, the Department of Veterans Affairs may, at its discretion, require that the foreign national who failed to maintain their legal status in the United States or otherwise failed to comply with the requirements of the laws administered by Homeland Security, Immigration and Customs Enforcement and the U.S. Department of Labor, shall be prohibited from working at the Contractor’s place of business that services Department of Veterans Affairs patients; or other place where the Contractor provides services to Veterans who have been referred by VA physician(s) and shall form the basis for termination of this contract for breach.

2.22.1.3. This certification concerns a matter within the jurisdiction of an agency of the

United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under 18 U.S.C. 1001.

2.22.1.4. The Contractor agrees to obtain a similar certification from its subcontractors.

The certification shall be made as part of the offerors response to the RFQ using the subject attachment in Section D.2 of the solicitation document.

2.23. Annual Office of Inspector General (OIG) Statement: In accordance with HIPAA and the BBA of 1977, the HHS and OIG has established a list of parties and entities excluded from Federal health care programs. Specifically, the listed parties and entities may not receive Federal Health Care program payments due to fraud and/or abuse of the Medicare and Medicaid programs. Therefore, Contractor shall review the HHS OIG List of Excluded Individuals/Entities on the HHS OIG web site at http://oig.hhs.gov/exclusions/index.asp to ensure that proposed Contractor Personnel are not listed. Contractor should note that any excluded individual or entity that submits a claim for reimbursement to a Federal health care program, or causes such a claim to be submitted, may be subject to a CMP for each item or service furnished during a period that the person was excluded and may also be subject to treble damages for the amount claimed for each item or service. CMP’s may also be imposed against the Contractor that employ or enter into contracts with excluded individuals to provide items or services to Federal program beneficiaries. By submitting their quote, the Contractor certifies that the HHS OIG List of Excluded Individuals/Entities has been reviewed and that the Contractor is and/or Contractor Personnel are not listed as of the date the offer was signed.

2.24. Non-Personal Healthcare Services: The parties agree that the Contractor and all Contractor employee(s) shall not be considered VA employees for any purpose.

2.25. Inherent Government Functions: Contractor and Contractor employee(s) shall not perform inherently governmental functions. This includes, but is not limited to, determination of agency policy, determination of Federal program priorities for budget requests, direction and control of government employees (outside a clinical context), selection or non-selection of individuals for Federal Government employment including the interviewing of individuals for employment, approval of position descriptions and performance standards for Federal employees, approving any contractual documents, approval of Federal licensing actions and inspections, and/or determination of budget policy, guidance, and strategy.

2.26. No Employee status: The Contractor shall be responsible for protecting Contractor employee(s) furnishing services. To carry out this responsibility, the Contractor shall provide or certify that the following is provided for all their staff providing services under the resultant contract:

2.26.1. Workers’ compensation

2.26.2. Professional liability insurance

2.26.3. Health examinations

2.26.4. Income tax withholding, and

2.26.5. Social security payments

2.27. Drug Screening: The Contractor…