S02 - 36C24824Q0469_final.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

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

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

SEE ADDENDUM

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

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

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

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

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

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

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

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

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

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

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

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

516-24-3-1238-0003

36C24824Q0469 02/16/2024

Peter Bedard 03-04-2024

16:00 EDT

36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) peter.bedard@va.gov 860-351-3008

X

623220

$19 Million

N/A

X

Department of Veterans Affairs Bay Pines VA Healthcare System (BPVAHCS) 10000 Bay Pine BLVD

Bay Pines FL 33744

36C248

Department of Veterans Affairs Network Contracting Office 8 (NCO 8)

Tampa FL 33637

Department of Veterans Affairs Financial Services Center

P.O. Box 149971 Austin TX 78714-9971

See CONTINUATION Page

The contractor shall provide Residential Substance Abuse Treatment Program (SATP) Services in support of the Bay Pines VA Healthcare System (BPVAHCS). Services shall be provided off-site at the contractor's facility.

Indefinite Delivery Indefinite Quantity (IDIQ) is for one

(1) base year, with four (4) - one (1) year options.

Period of Performance will be 04/01/2024 - 03/31/2029.

Reference pages 6-8 for Price Schedule.

Reference pages 9-25 for the Performance Work Statement.

For Wage Determination (WD) please refer to Attachment four

(4) on this solicitation. If the WD is updated prior to contract award, the current WD listed on sam.gov will be the Applicable WD included in the awarded contract and updated Annually if options are exercised.

See CONTINUATION Page

X X

X 1

Peter Bedard

VA-VHA-RPOE-2023-0123

36C24824Q0469

Table of Contents

SECTION A

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

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE SCHEDULE

B.3 PERFORMANCE WORK STATEMENT

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2023)

C.2 52.216-18 ORDERING (AUG 2020)

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

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

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

C.6 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ... 33

C.7 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR

1984)

C.8 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

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

C.10 VAAR 852.211-76 Liquidated Damages - Reimbursement for Data Breach Costs (FEB 2023)

C.11 VAAR 852.215-70 Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors (OCT 2019) C.12 VAAR 852.215-71 Evaluation Factor Commitments (OCT 2019)

C.13 VAAR 852.219-70 VA SMALL BUSINESS SUBCONTRACTING PLAN MINIMUM

REQUIREMENTS (JAN 2023) (DEVIATION)

C.14 VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (JAN 2023)

(DEVIATION)

C.15 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(NOV 2018)

C.16 VAAR 852.237-70 INDEMNIFICATION AND MEDICAL LIABILITY INSURANCE

(OCT 2019)

C.17 VAAR 852.237-74 NON-DISCRIMINATION IN SERVICE DELIVERY (OCT 2019)

C.18 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) . 42

C.19 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.20 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (DEC 2023)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

Attachment 1 - Conflict of Interest Attachment 2 - Certification of Immigration and Nationality Act Attachment 3 - Contractor Rules of Behavior Attachment 4 - Wage Determination Attachment 5 - Past Performance Questionnaire Attachment 6 - Subcontracting Plan Template Attachment 7 - QASP

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (SEP 2023)

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

SERVICES (NOV 2021)

E.3 52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services

E.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

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

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

(OCT 2018)

E.7 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.8 VAAR 852.273-70 LATE OFFERS (NOV 2021)

E.9 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR: Name: _________________________________________

Address: ________________________________________

Phone: _________________________________________

Email: __________________________________________

SAM UEI: _______________________________________

b. GOVERNMENT: Contracting Officer 36C248: Peter Bedard

Department of Veterans Affairs

Network Contracting Office 8 (NCO 8) peter.bedard@va.gov

860-351-3008

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 []

c. Other [X] Monthly

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

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

AMENDMENT NO DATE

6. CONFORMITY TO REGULATIONS: The contractor and his/her operations shall conform to all regulations, Federal, State and Local governing the performance of contracted services.

7. MANDATORY WRITTEN DISCLOSURES: Mandatory written disclosures required by FAR clause 52.201-13 to the Department of Veterans Affairs, Office of Inspector General (OIG) must be made electronically through the VA OUG Hotline at http://www.va.gov/oig/contacts/hotline.asp and clicking on “FAR Clause 52.203-13 Reporting”. If you experience difficulty accessing the website, call the Hotline at 1-800-488-8244 for further instructions.

8. CAUTION: Late submissions, modification, and withdrawals: See Provisions FAR 52.212-1

9. POST AWARD ORIENTATION: The contracting officer will schedule a post award orientation conference for contract orientation purposes as required by https://www.va.gov/oal/library/vaam/vaamM842.asp#M84250270.

B.2 PRICE SCHEDULE

The contractor shall furnish all personnel, equipment, and location to provide services necessary to perform substance Abuse treatment Program (SATP) Services for eligible beneficiaries of the Department of Veterans Affairs Healthcare System, Bay Pines VA Healthcare System (hereinafter referred to as BPVAHCS) as specific herein. All services shall be performed at the contractor’s facility.

Contract Type: The Government intent is to award one (1) Indefinite Delivery Indefinite Quantity (IDIQ) contract type for Pinellas County.

Task Order Procedures: A task order will be issued at the start of each performance period and orders will be placed by NCO 8 Contracting Officers. The Task Order will contain date of order, order number, line-item number, description, quantity, unit price, performance schedule, accounting and appropriation data and method of payment.

Estimated Quantities: The quantities or dollar threshold listed in the Price Schedule effective for the periods stated are estimated only and are not purchase by the resultant contract. Except as this contract otherwise provides, if the VA’s requirement does not result in orders in the quantities or dollar amount described that fact shall not constitute the basis for an equitable price adjustment.

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 quotes for award purposes by adding the total price for each option period to the total price for the basic requirement.

Evaluation of options will not obligate the government to exercise the option(s).

Pricing: Price schedule for Line-Item Number (LIN) for the base year and each option year includes the following: estimated quantity, unit, proposed unit price, proposed total annual price for each LIN, and the estimated grand total.

Period of Performance

Base Year: 04/01/2024 to 03/31/2025

OPTION YEAR 1: 04/01/2025 to 03/31/2026

OPTION YEAR 2: 04/01/2026 to 03/31/2027

OPTION YEAR 3: 04/01/2027 to 03/31/2028

LIN

No.

SUB-

LIN

Description Est.

Qty.

Unit Unit Cost Total

Annual Cost

0001 None Substance Abuse Treatment Program Services (28 beds)

12 MO $ $

Estimated Total for Base Year $

LIN

No.

SUB-

LIN

Description Est.

Qty.

Unit Unit Cost Total

Annual Cost

1001 None

Estimated Total for Option Year 1 $

LIN

No.

SUB-

LIN

Description Est.

Qty.

Unit Unit Cost Total

Annual Cost

2001 None

Estimated Total for Option Year 2 $

LIN

No.

SUB-

LIN

Description Est.

Qty.

Unit Unit Cost Total

Annual Cost

3001 None

Estimated Total for Option Year 3 $

OPTION YEAR 4: 04/01/2028 to 03/31/2029

LIN

No.

SUB-

LIN

Description Est.

Qty.

Unit Unit Cost Total

Annual Cost

4001 None

Estimated Total for Option Year 4 $

B.3 PERFORMANCE WORK STATEMENT

1. General:

1.1 The Bay Pines VA Healthcare System (BPVAHS) located at 10000 Bay Pines Blvd.

Bay Pines, FL 33744, has a requirement for Residential Substance Abuse Treatment Program (SATP) for the BPVAHCS catchment area. 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).

1.2 Place of Performance: Services shall be provided off-site at the contractor’s facility in Pinellas County, FL.

1.3 Authority: This procurement is done IAW 38 USC 17.53 Limitations on use of public and private hospitals, Federal Acquisition Regulation (FAR) Parts 12 Acquisition of Commercial Items and 13.5 Simplified Procedures for Certain Commercial Products and Commercial Services.

1.4 Policy and Regulations: In accordance with Title 38 Code of Federal Regulations (CFR) Section 17.53: “The admission of any patient to a private or public hospital at the Department of Veterans Affairs expense will only be authorized if a Department of Veterans Affairs medical center or other Federal facility to which the patient would otherwise, be eligible for admission is not feasibly available. A Department of Veterans Affairs facility may be considered as not feasibly available when the urgency of the applicant’s medical condition, the relative distance of the travel involved, or the nature of the treatment required makes it necessary or economically advisable to use public or private facilities. In those instances, where care in public or private hospitals at the Department of Veterans Affairs expense is authorized because a Department of Veterans Affairs or other Federal facility was not feasibly available, as defined in this section, the authorization will be continued after admission only for the period of time required to stabilize or improve the patient’s condition to the extent that further care is no longer required to satisfy the purpose for which it was initiated.”

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.

1.5 Type of Contract: IDIQ

1.6 Period of Performance: Bae year plus four (4) – one (1) year options.

1.7 Acronyms/Definitions:

AOD - Administrator on Duty BAA - Business Associate Agreements BBA - Balanced Budget ACT BPVAHCS – Bay Pines VA Healthcare System

C&A – Certification and Accreditation CARF - Commission on Accreditation of Rehabilitation Facilities CERS – Contracted Emergency Residential Services CFR - Code of Federal Regulations COR – Contracting Officer Representative CSCA - Contractor Security Control Assessment FAR – Federal Acquisition Regulations FDA - Food and Drug Administration FIPS – Federal Information Processing Standard HCHV – Healthcare for Homeless Veterans HMIS - Homeless Management Information System HUD – Housing and Urban Development MOU-ISA – Memorandum of Understanding – Interconnection Agreement NARA - National Archives and Records Administration NFPA - National Fire Protection Association NIST – National Institute of Standards and Technology OIG – Office of Inspector General SATP – Substance Abuse Treatment Program SP - Special Publications TP - Transition Plan USC - United States Code VHA – Veterans Health Administration WRAP – Wellness and Recovery Planning

1.8 Policy/Directives/Handbooks. The contractor shall be subject to the following policies, including any subsequent updates during the period of performance. The policies listed below can be accessed electronically at the following: VA Publications VHA Publications

1.8.1 VA Directive 1663: Health Care Resources (HCR) Contracting – Buying Title 38 U.S.C. 8153

1.8.2. VHA Directive 1003.04: VHA Patient Advocacy

1.8.3 VHA Directive 1065: Productivity and Staffing Guidance for Specialty Provider Group Practice

1.8.4 VHA Directive 1088(1): Communicating Test Results to Providers and Patients

1.8.5 VHA Directive 1100.18: Reporting and Responding to State Licensing Boards

1.8.6 VHA Directive 1100.20: Credentialing of Health Care Providers

1.8.7 VHA Directive 1100.21: Privileging

1.8.8 VHA Directive 1192.01: Seasonal Influenza Vaccination Program for VHA Health Care Personnel

1.8.9 VHA Directive 1220(1): Facility Procedure Complexity Designation Requirements to Perform Invasive Procedures in Any Clinical Setting

1.8.10 VHA Directive 1605.01: Privacy and Release of Information

1.8.11 VHA Directive 1907.01: VHA Health Information Management and Health Records

1.8.12 VHA Handbook 1100.17: National Practitioner Data Bank (NPDB) Reports

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

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

1.8.14 Joint Commission:

http://www.jointcommission.org/standards/

1.8.15 HHS OIG Website:

http://oig.hhs.gov/exclusions/index.asp

1.8.16 American Journal for Infection Control - AJIC 1998; 26:289-354:

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

2. Facility: Facility must meet the following: (a) the standards of Life Safety Code (National Fire Protection Association (NFPA)) #101; (b) the fire and safety code imposed by State Law; and (c) City, State, and Federal requirements concerning licensing and health codes.

3. Licenses and Accreditation: Any State or Federal licensing requirements set forth for residential settings must be adhered to and documentation available upon request.

Where applicable, the resident setting must have a current occupancy permit issued by the authority having jurisdiction. Accreditation by the Joint Commission and/or Commission on Accreditation of Rehabilitation Facilities (CARF) is evidence of internal quality assurance mechanisms and is desirable but is not required.

4. Access to Patient Information: In performance of official duties, Contractor’s provider(s) have regular access to printed and electronic files containing sensitive data, which must be protected under the provisions of the Privacy Act of 1974 (5 U.S.C.

552a) and other applicable laws, Federal Regulations, Veterans Affairs statutes, and policies.

5. Standard Personnel Testing (PPD, etc.): Contractor shall provide statement that all required infectious disease testing for personnel is current and the contractor is compliant with all applicable laws to include 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 current CDC/HICPAC Guidelines for Infection Control in health care personnel (as published in American Journal for Infection Control – AJUC 1998; 26:289-354 http://www.cdc.gov/hicpac/pdf/intectControl98.pdf for disease control. If personnel are absent from work secondary to infectious disease, then contractor shall provide follow up documentation of clearance prior to return to the workplace.

6. Citizenship related requirements: The Contractor certifies that the contractor’s staff shall comply with any and all legal provisions contained in the Immigration and Nationality Act of 1952, as amended it 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 national working under contract or subcontract for the contractor while providing services to Department of Veterans Affairs patient referrals. 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 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. 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 patient referrals; or other place where the contractor provides services to veterans who have been referred by the Department of Veterans Affairs; and shall form the basis for termination of this contract for breach. This certification concerns a matter within the jurisdiction of an agency of the Unites States and the making of a false, fictious, or fraudulent certification may render the maker subject to prosecution under 18 U.S.C 1001. The contractor agrees to obtain a similar certification from its subcontractors. The Certification shall be made as part of the quote response to the RFQ using the subject attachment in Section D of the solicitation document.

7. Annual Office of Inspector General (OIG) Statement: In accordance with The Health Insurance Portability Act (HIPAA) and the Balanced Budget ACT (BBA) of 1977, the U.S. Department of Health and Human Services 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, all contractors shall review the OIG List of Excluded Individuals/Entities on the OIG website at www.hhs.gov/oig to ensure that the proposed contract staff and/or firm(s) are not listed.

By submitting their quote, the contractor certifies that the OIG List of Excluded Individual/Entities has been reviewed and the Contractor and/or firm is not listed as of the date the quote was submitted.

8. Non-Personal Healthcare Services: The parties agree that the contractor and all contractor’s staff shall not be considered VA employees for any purpose.

9. Indemnification: The contractor shall be liable and shall indemnify and hold harmless the Government against, all actions or claims for loss of a damage to property or the injury or death of persons. Arising out of resulting from the fault, negligence, or act or omission of the contractor, its agents, or employees.

10. Contract Employees: The Contractor shall be responsible for protecting the contractor’s staff furnishing services. To carry out this responsibility, the contractor shall provide or certify that the following is provided for all contract employees providing services under the resultant contract: Workers’ compensation, Health examinations, Income tax withholding, and social security payments.

11. Hours of Operation:

11.1 The contractor shall offer 24-hour supervised environment.

11.2 Federal Holidays:

New Year’s Day Martin Luther King’s Birthday President’s Day Memorial Day Juneteenth Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day Any day specifically declared to be a national holiday

12. Program Description: 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). 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. to provide a supervised drug and alcohol-free environment offering room and board, structured activities, supportive social services, and other related services as specified in the PWS for veterans of Bay Pines VA Healthcare System, Bay Pines, Florida.

12.1 Absences of the parties from the facility 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.

12.2 In the event a beneficiary receiving care under this contract dies, the facility 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 facility shall be delivered by the facility to the person or persons entitled thereto under the laws currently governing the facility for making disposition of funds and effects left by patients, unless the beneficiary died without leaving a will, heirs, or next of kin capable of inheriting. When disposition has been made, 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, his personal property and funds, wherever located, vests in and becomes the property of the United States in trust. In these cases, the facility 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.

12.3 The facility agrees and warrants it does not maintain nor provide dual or segregated patient facilities, which are segregated on the basis of race, creed, color, or national origin. The facility 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 facility 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.

12.4 The facility 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 facility warrants that subcontracting shall not he resorted to as a means of circumventing this position.

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

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

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

13.3 Laundry facilities for residents to do their own laundry, and provision of laundry supplies.

13.4 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:

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

13.4.2 A variety of group activities, including physical activities, as appropriate.

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

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

13.4.5 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.

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

13.4.7 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 in excess of that unless such extension authorization is provided in writing by the Contracting Officer.

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

13.5 Opportunities for:

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

13.5.2 Improving social skills.

13.5.3 Improving personal relationships.

13.6 The facility must be easily accessed by public transportation and located within Pinellas County, Florida.

14. Dietetic Services

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

14.2 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.

14.3 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.

14.4 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.

14.5 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.

15. Records and Reports

15.1 An individual clinical record will be developed by staff at the providing facility and maintained by the residential treatment staff on each veteran outplaced under this contract.

15.2 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.

15.3 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.

15.4 The clinical record maintained by the non-VA residential treatment program will include Reasons for referral.

15.4.1 Essential identifying data relevant to the veteran and veteran’s family.

15.4.2 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:

15.4.2.1 Record, or log of medical prescriptions issued by physicians.

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

15.4.2.3 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.

15.5 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.

15.6 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.

15.7 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.

16. Drugs and Narcotics:

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

17. Inspections:

17.1 The Veterans Administration will have the right to inspect the 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.

17.2 In accordance with normal contract administrative practices, the following actions can be expected to ensue:

17.2.1 The facility (potential contractor) will be advised of the: findings of the inspection team.

17.2.2 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.

17.2.3 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.

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

18. Staffing

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

18.2 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.

18.3 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.

19. Payment for Services

19.1 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 facility for care of specific beneficiaries.

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

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

19.4 Invoices will be electronically submitted to the Tungsten website at https://www.tungsten-network.com/us/support/ Tungsten direct vendor support number is 877-489-6135 for VA contracts. The VA-FSC pays all associated transaction fees for VA orders. During Implementation (technical set-up) Tungsten will confirm your Taxpayer ID Number with the VA-FSC. This process can take up to 5 business days to complete to ensure your invoice is automatically routed to your Certifying Official for approval and payment. To successfully submit an invoice to VA-FSC please review “How to Create an Invoice” within the how to guides. All invoices submitted through Tungsten to the VA-FSC should mirror your current submission of Invoice, with the following items required. Clarification of additional requirements should be confirmed with your Certifying Official (your CO or buyer).

The VA-FSC requires specific information in compliance with the Prompt Pay Act and Business Requirements. For additional information, please contact:

Tungsten Support

Phone: 1-877-489-6135

Website: https://www.tungsten-network.com/us/support/

Department of Veterans Affairs Financial Service Center

Phone: 1-877-353-9791

Email: vafsccshd@va.gov

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

19.6 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.

20 Contract Administration/Performance Monitoring: After award of contract, all inquiries and correspondence relative to the administration of the contract shall be addressed to:

CO Peter Bedard peter.bedard@va.gov

COR Rich Ramsahai Rishi.Ramsahai@va.gov

20.1 CO RESPONSIBILITIES:

20.1.1 The Contracting Officer is the only person authorized to approve changes or modify any of the requirements of 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 commitments or issue any modification to include (but not limited to) terms affecting price, quantity, or quality of performance of this contract.

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

20.1.3 In the event that contracted services do not meet quality and/or safety expectations, the best remedy will be implemented, to include but not limited to a targeted and time limited performance improvement plan;

increased monitoring of the contracted services; consultation or training for Contractor personnel to be provided by the VA; replacement of the contract personnel and/or renegotiation of the contract terms or termination of the contract.

20.2 COR RESPONSIBILITIES:

20.2.1 The COR shall be the VA official responsible for verifying contract compliance. After contract award, any incidents of Contractor noncompliance as evidenced by the monitoring procedures shall be forwarded immediately to the Contracting Officer.

20.2.2 The COR will be responsible for monitoring the Contractor’s performance to ensure all specifications and requirements are fulfilled. Quality Improvement data that will be collected for ongoing monitoring includes but is not limited to: Entering data that may be collected.

20.2.3 The COR will maintain a record-keeping system of services by the use of the EHR computer system (Electronic health record system used by the VA). The COR will review this data monthly when invoices are received and certify all invoices for payment by comparing the hours documented on the VA record-keeping system and those on the invoices. Any evidence of the Contractor's non-compliance as evidenced by the monitoring procedures shall be forwarded immediately to the Contracting Officer.

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

20.2.5 All contract administration functions will be retained by the VA.

21. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS, VA

Handbook 6500

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

21.2 All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.

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

22. VA INFORMATION CUSTODIAL LANGUAGE, VA Handbook 6500

22.1 Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1).

22.2 VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor’s information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA’s information is returned to the VA or destroyed in accordance with VA’s sanitization requirements. VA reserves the right to conduct on-site inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements.

22.3 Prior to termination or completion of this contract, contractor/subcontractor must not destroy information received from VA, or gathered/created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract.

22.4 The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations, and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations, and policies in this contract.

22.5 The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed.

22.6 If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12.

22.7 If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship.

22.8 The contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated.

22.9. The contractor/subcontractor’s firewall and Web services security controls, if applicable, shall meet or exceed VA’s minimum requirements. VA Configuration Guidelines are available upon request.

22.10 Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA’s prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response.

22.11 Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above-mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response.

22.12 For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require C&A or an MOU-ISA for system interconnection, the contractor/subcontractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the COTR.

23. Security Incident Investigation, VA Handbook 6500

23.1 The term “security incident” means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/subcontractor shall immediately notify the COTR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access.

23.2 To the extent known by the contractor/subcontractor, the contractor/subcontractor’s notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant.

23.3 With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach. Notifications need to be made in accordance with the executed business associate agreement.

23.4 In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement.