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36C24920Q0023

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

596-20-2-1206-0001 36C24920Q0023 11-15-2019 Craig S. Ziegemeier 615-225-6337 12-05-2019

2PM

ET

90C Department of Veterans Affairs Network Contracting Office 9 1639 Medical Center Parkway Suite 400 Murfreesboro TN 37129 X 623220 $16.5 Million N/A X 90C Department of Veterans Affairs VA Medical Center Lexington 1101 Veterans Drive Lexington KY 40502-2235 90C Department of Veterans Affairs Network Contracting Office - 9 1639 Medical Center Parkway Suite 400 Murfreesboro TN 37129

90C FSC e-Invoice Payment http://www.fsc.va.gov/fsc/einvoice.asp Invoice Setup Information 1-877-489-6135 Invoice must be submitted electronically

Setup 1-877-489-6135 Requirement to provide VA Medical Center Lexington, KY - Transitional Housing Services. See Performance Work Statement, Schedule, Quality Assurance Surveillance Plan, and attached Residential Services Program Inspection Packet.

This IDIQ will cover a Period of Performance of 01-01-2020 through 12-31-2024 with the following ordering periods:

Ordering Period 1: 01-01-2020 through 12-31-2020 Ordering Period 2: 01-01-2021 through 12-31-2021 Ordering Period 3: 01-01-2022 through 12-31-2022 Ordering Period 4: 01-01-2023 through 12-31-2023 Ordering Period 5: 01-01-2024 through 12-31-2024 *Note: E.3 52.209-7 Information Regarding Responsibility Matters subsection (b) must be completed.

X X Table of Contents

SECTION A1
A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS1
SECTION B - CONTINUATION OF SF 1449 BLOCKS3
B.1 CONTRACT ADMINISTRATION DATA3
B.2 PRICE/COST SCHEDULE4
ITEM INFORMATION4
B.3 PERFORMANCE WORK STATEMENT6
SECTION C - CONTRACT CLAUSES19
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)19
C.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)24
C.3 52.216-18 ORDERING (OCT 1995)25
C.4 52.216-19 ORDER LIMITATIONS (OCT 1995)25
C.5 52.216-22 INDEFINITE QUANTITY (OCT 1995)25
C.6 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)26
C.7 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)26
C.8 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008)27
C.9 VAAR 852.237-74 NON-DISCRIMINATION IN SERVICE DELIVERY (OCT 2019)27
C.10 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (OCT 2019)28
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS36
SECTION E - SOLICITATION PROVISIONS37
E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (OCT 2018)37
E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)42
E.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)43
E.4 52.216-1 TYPE OF CONTRACT (APR 1984)44
E.5 52.233-2 SERVICE OF PROTEST (SEP 2006)44
E.6 VAAR 852.215-72 NOTICE OF INTENT TO RE-SOLICIT (OCT 2019)45
E.7 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018)45
E.8 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)45
E.9 VAAR 852.252-70 SOLICITATION PROVISIONS OR CLAUSES INCORPORATED BY REFERENCE (JAN 2008)46
E.10 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)46
E.11 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (OCT 2018)47

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C249 Craig S. Ziegemeier Department of Veterans Affairs Network Contracting Office 9 1639 Medical Center Parkway Suite 400 Murfreesboro TN 37129

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.

FSC e-Invoice Payment http://www.fsc.va.gov/fsc/einvoice.asp Invoice Setup Information 1-877-489-6135 Invoice must be submitted electronically ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

AMENDMENT NO
DATE

All unit prices are firm-fixed priced.

The guaranteed minimum amount for this contract will be $2,000.00. The maximum capacity of this contract is $2,000,000.00.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM NUMBER
DESCRIPTION OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
7,300.00
EA
__________________
__________________

Contract Beds in accordance with the Performance Work Statement.

Estimate of 4 to 20 contract beds. The contractor should have at least 16 available beds.

Ordering Period 1 POP Begin: 01-01-2020 POP End: 12-31-2020

7,300.00
EA
__________________
__________________

Contract Beds in accordance with the Performance Work Statement.

Ordering Period 2 POP Begin: 01-01-2021 POP End: 12-31-2021

7,300.00
EA
__________________
__________________

Contract Beds in accordance with the Performance Work Statement.

Ordering Period 3 POP Begin: 01-01-2022 POP End: 12-31-2022

7,300.00
EA
__________________
__________________

Contract Beds in accordance with the Performance Work Statement.

Ordering Period 4 POP Begin: 01-01-2023 POP End: 12-31-2023

7,300.00
EA
__________________
__________________

Contract Beds in accordance with the Performance Work Statement.

Ordering Period 5 POP Begin: 01-01-2024 POP End: 12-31-2024

GRAND TOTAL
__________________

Ordering officers (OOs) will be authorized to place orders against this contract. The Contracting Officer (CO) will furnish the Contractor with the names of individuals authorized as OOs, by separate memorandum upon issuance of the contract. When OOs are added after award, the CO will furnish the Contractor with the names of individuals authorized as OOs, by memorandum upon OO appointment. OOs are responsible for issuing and administering orders placed under this contract. OOs have no authority to modify any term of this basic contract. Any deviation from the terms of the basic contract must be approved in writing by the CO responsible for this contract. The Contractor shall accept orders against this contract only from the CO and/or authorized OOs. Fulfilling orders from persons other than the CO or OO may result in loss or delay in payment for supplies/services provided under such orders.

B.3 PERFORMANCE WORK STATEMENT

Furnish transitional housing for the beneficiaries of the Department of Veterans Affairs Medical Center near the location of the VA Health Care System, 1101 Veterans Drive, Lexington, KY 40502-2235. Provide safe housing, food, and basic living skills to homeless Veterans. Contract is for Five Ordering Periods.

A. PURPOSE

The Department of Veterans Affairs Medical Center ("VA") requires contractors to provide services as part of its Community Based Health Care for Homeless Veterans (HCHV) program. The goal of the HCHV program is to remove homeless Veterans from the street or habitation unfit for Veterans and place them in community-based, residential environments with sufficient therapeutic services to meet the needs of those Veterans.

B. BACKGROUND

The HCHV program is vital for providing a gateway to VA and community-based supportive services for eligible Veterans who are homeless. This includes ensuring that chronically homeless Veterans or Veterans experiencing homelessness can be placed in community-based programs that provide quality housing and services. Through the HCHV program, VA provides supportive services to Veterans and facilitates their access to a broad range of medical, mental health, and rehabilitative services. The purpose of this solicitation is to obtain offers from contractors who can provide temporary housing in a community-based Contracted Emergency Residential Services (CERS). The contractor would provide case management services to Veterans with the goal of permanent housing.

The contractor’s facilities are to provide transitional housing including services on an all-inclusive rate and must be located within .3 miles of a Lextran KY bus stop. The contractor shall furnish services to beneficiaries from whom such care is specifically authorized by the Contracting Officer’s Representative (COR) at the VA Health Care System, Lexington, KY. It is understood that the type of Veterans to be cared for under this contract will normally require care and services over and above the level of room and board. Homeless Veterans may have ongoing mental illness, substance abuse issues, and medical issues. The contractor will be required to provide a low-barrier therapeutic milieu and attendant services targeting the underlying factors contributing to homelessness. The facility will not be used for detoxification or other hospital level treatment.

The Facility must be ADA compliant for at least six residents.

C. REQUIREMENTS

The contractor shall furnish each Veteran authorized care under this contract with the following basic services:

a. Room and board, adequate size room to include a bed, pillow, and other furnishings such as a dresser, storage, and linen for the bed, (towels, pillow cases, bed sheets and mattress cover).

b. Food for three (3) nutritionally adequate meals a day, 7- days- a- week and availability of nutritious snacks between meals and bedtime for those requiring or desiring additional food, when it is not medically contraindicated. The addition of nutritious snacks to the requirements for room and board is particularly indicated for homeless patients. Many of these Veterans are either undernourished or have developed poor eating habits or both, often due to chronic psychiatric disorder and/or substance abuse behaviors. (The local VA dietitian may consult with the initial inspection team and the team making subsequent assessments, in evaluating not only the printed menus but also the Veteran’s satisfaction with meals and the actual consumption of food offered.) For definition of “nutritionally adequate” and guidance on amounts of each food group per Veteran provided, see http://www.choosemyplate.gov/

c. Access to refrigerator and microwave.

d. Contractor will develop a receipt of food provided to the Veterans and have it signed upon delivery by one resident, with a basic list of what was provided. This receipt will be presented upon request by the COR/Case Manager.

e. Laundry facilities for residents to do their own laundry or to have laundry done, which will include laundry detergent and dryer sheets/fabric softener.

f. The number of beds required is a minimum of 4 and up to 20. The contractor should have at least 16 available beds. Contractor should be able to house at least one female Veteran. Female Veterans must be housed separately from male Veterans.

g. Case management services goals should be clearly documented in an Individual Service Plan (ISP) developed by the contractor with input from the Veteran and the VA HCHV caseworker or designee. The ISP must include permanent housing goals and objectives to reach the goal. It is the responsibility of the contractor to assist the Veteran in housing search and make referrals to the community to obtain housing. The ISP will be developed within 72 hours of admission for each Veteran. There will be an expectation that proper documentation verifying services and case management efforts will be placed in Veteran’s file. The notes are to be written professionally in a format that utilizes the clear settings of goals and documents progress towards these goals.

h. Services, which the contractor must include:

Structured group activities and individual instruction examples include group therapy, social skills training, Alcoholics Anonymous, Narcotics Anonymous, Vocational Counseling and Physical Activities as appropriate.

i. Every other week collaboration with VA program staff to include supportive psychosocial services and review of goals from the ISP.

j. Assistance to develop responsible living patterns, to maintain an acceptable level of personal hygiene and grooming, and to achieve a more adaptive level of psychosocial functioning, upgraded social skills, and improved personal relationships.

k. Support for an alcohol/drug abuse-free lifestyle provided in an environment conducive to social interaction and the fullest development of the resident's rehabilitative potential.

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

m. A program that promotes community interaction.

n. New residents shall be provided upon admission with an orientation to the facility. Orientation shall include: showing Veterans where laundry services are located, introduction to staff at facility, phone numbers for information if staff are not available and number for program manager, requirements of program (e.g. no alcohol/drugs on grounds, no violence, no threats, etc.), how Veteran gets food, supplies, bedding, towels, transportation and a discussion of treatment services.

o. Develop clear rules regarding behavior of residents with an avenue to discuss any disputes. Contractor residential rules are to be developed by the contractor and reviewed and agreed upon with VA staff.

p. Ensure all house rules are in writing. Language must be in English and Spanish for explanations during orientation.

q. Pest management plan will be developed and include the following specifications: scheduled plan of on-going maintenance, treatment schedule, prevention measures, and responsibilities of contractor to address pest control issues

r. Contractor will designate a staff member(s) to enroll and complete the Homeless Management Information System (HMIS) training. Designated staff person will enter Veteran information as required into HMIS database (if Veteran signs Release of Information).

s. Contractor must participate in Continuum of Care and be an active member of the Continuum of Care.

D. PERSONNEL

The Contractor will employ enough personnel to carry out the policies, contract responsibilities, and the program for the facility. The contractor must have appropriate staff coverage using authorized and unauthorized leave (e.g. holidays, sick leave, family care, etc.). Ratio of case manager to Veterans is 16:1. Case manager should have at a minimum a Bachelor’s degree in a Human service related field. Case manager standards are organized around key attributes of responsible practice: advocacy, accountability, professionalism, and facilitation. In addition to the case manager there must be at a minimum, one staff member on duty on the premises or residing at the facility and available for emergencies 24 hours a day, 7 days a week.

On call staff and residential staff will complete training on crisis management, substance abuse, and mental health issues on a yearly basis. In addition, they must complete and maintain First Aid/CPR certification.

Background checks and resumes shall be completed and given to the Contracting Officer or the Contracting Officer’s Representative (COR) before staff provides services to Veteran residents. During the first 90 calendar days of contract performance, the contractor shall make NO substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. Within 14 days after substitutions, necessitated by situations described above, the contractor shall provide background checks for the substitute key personnel. For substitutions proposed by the contractor after the initial 90 calendar day period, the contractor shall provide background checks and resumes for the substitute personnel, together with any other additional information requested by the Contracting Officer, at least 15 days before the substitution is to occur. The Contracting Officer shall notify the Contractor within 15 calendar days after receipt of all required information if the VA refuses to accept the substitute key personnel. The VA reserves the right to refuse or revoke acceptance of key personnel if personal or professional conduct, or lack of required skills or experience, jeopardizes patient care or interferes with the regular and ordinary operation of the facility.

Temporary substitutions of key personnel shall be permitted in accordance with the contractor's contingency plan. The contractor's contingency plan will be utilized if personnel leave the contractor's employment or are unable to continue performance in accordance with the terms and conditions of the contract and must be submitted as part of the Contractor's offer.

E. PROGRAMING

Programing requirement: Contractor’s staff will offer at least 2-3 hours of programing every day during the work week (Monday – Friday), non-holidays. One session of the required programing each week will be recreational in nature, unless there is a National Holiday that week, then there can be two. In addition, each resident will be given 45-minutes of individual time a week with staff. This individual time will encompass training on food prep, getting a job, substance abuse and budgeting based on the individualized service plan of the Veteran. Also, staff will schedule and accompany or arrange transportation for applicable residents to local AA meetings 3-times-a-week at a regularly scheduled time, at least one of those on the weekend. Staff is encouraged to bring 1-3 Veterans on grocery shopping trips, when needed, to teach Veterans shopping skills and nutrition. Agency may want to schedule two shopping trips a week to discourage Veterans from wasting food.

Week day and weekend staff are to assist Veterans as needed to complete nutritious meals, maintaining a clean residence, and doing their laundry; giving only as much assistance as needed to Veterans to complete these tasks. This can be part of their individual time with the Veterans. It is also encouraged that staff have a “house” meeting once a week to address any issues that the Veterans have concerning other house members, rules, pest management, etc.

Normal programing can be suspended during the following National Holidays and appropriate social activities substituted instead:

New Year’s Day Martin Luther King Jr’s Birthday President’s Day Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day

F. REFERRALS

Personnel authorized to refer Veterans for service shall make requests for service via telephone. The VA is responsible for determining eligibility of Veterans prior to referral to the contractor for services.

Orders, requests, or changes shall only be made by the HCHV Homeless Program Coordinator, or authorized party specified by the Chief of Social Work. Under no circumstances shall there by any deviation of any other party. In addition, contractor shall make no deviation and is responsible for providing direction to its staff.

A list of VA authorized ordering personnel shall be made available upon award of the contract. Employees may be added or deleted from the list during the term of the contract. The service provider shall be notified to such changes as they occur in writing.

It is understood that the contractor will not be paid for care provided to a referred Veteran beyond the period authorized in the referral, unless an extension of the authorization is provided in writing by the VA Contracting Officer.

G. ABSENCES AND CANCELLATIONS

The contractor shall notify the authorizing VA of unauthorized absences from the facility. Absences of the patient from the facility in excess of 48 hours will not be reimbursable except those with the prior approval of the VA facility liaison. Should a Veteran referred to a residential treatment facility/HCHV contract housing program, absent himself/herself in an unauthorized manner payment for services for that Veteran to the contract facility would be continued for a maximum period of two days provided there is an active outreach attempt on the part of the contract facility staff to return the Veteran to the residential treatment program and a strong likelihood that the patient will return. Management of program dropout will be an element of quality assurance review of this program. See attached Quality Assurance Surveillance Plan (QASP).

VA reserves the right to remove any or all Veterans from the facility at any time without additional cost, when it is determined to be in the best interest of the VA or the Veteran.

Length of stay (LOS) under this contract is dependent upon the needs of the Veteran as mutually determined by the Veteran, the residential staff, and VA-HCHV Staff. Maximum LOS will not exceed 180 days per admission with a maximum of one admission per FY without preapproval by VA.

The contractor shall notify the authorizing VA facility immediately when a medical emergency occurs that requires hospitalization of a referred Veteran. It is agreed that the Veteran will be admitted to the appropriate VA facility. When such admission is not feasible because of the nature of the emergency, it is agreed that hospitalization in a non-federal hospital may be necessary for protection of life. If hospitalization of a non-emergency nature is required, it is agreed that admission to the appropriate VA facility will be accomplished promptly.

The contractor shall notify the authorizing VA facility immediately of any incidents involving Veterans residing in the residential program. The contractor shall notify the VA case manager by telephone during the hours of 8:00am and 4:30pm. For all incidents that occur after normal business hours, the contractor should notify the Administrator on Duty (AOD) at 859-281-4950. The contractor shall provide the HCHV case manager and the COR with a copy of the incident report within 24 hours. The contractor shall maintain a copy of the incident report in the Veteran's case record. Management of incidents and incident reporting, medical and otherwise, will be an element of quality assurance review of this program. See attached QASP.

H. CONDUCT

The contractor shall make available to the VA documentary information deemed necessary by the VA to conduct utilization review audits for the mandated national evaluation study as required by Section 2 of Public Law 100-6; to verify quality of care for Veterans, to assure confidentiality of Veteran record information and to determine the completeness and accuracy of financial records.

The contractor shall conduct treatment and discharge planning reflecting a team assessment of health, social and vocational needs and the involvement of resident and appropriate community resources in resolving problems and setting goals.

The contractor shall comply with the principles listed in 38 CFR l 7.707(b) to provide housing and supportive services in a manner that is free from religious discrimination.

Contractor personnel shall be expected to treat referred Veterans with dignity and respect and abide by standards of conduct mirroring those prescribed by current federal personnel regulations. The contractor shall comply with the VA Patient's Bill of Rights as set forth in 38 CFR 17.34a (copy available upon request).

The VA reserves the right to exclude contractor staff members from providing services to Veterans under this contract based on breaches of conduct, including conduct that jeopardizes patient care or interferes with the regular and ordinary operation of the facility. Breaches of conduct include intoxication or debilitation resulting from drug use, theft, patient abuse, dereliction or negligence in performing directed tasks, or other conduct resulting in formal complaints by Veterans or other staff members to designated government representatives. The contractor and COR shall deal with issues raised concerning contractor personnel conduct. The Contracting Officer shall be the final arbiter on questions of acceptability and in validating complaints.

The following acts are not permissible, which provide services under this contract or while on facility premises:

Use of intoxicating liquors, narcotics or controlled substances of any kind (excluding doctors' prescriptions which do not impair drive's driving ability) while on duty or reporting for duty while under the influence of liquors, narcotics or controlled substance of any kind (excluding doctors' prescriptions which do not impair driver's driving ability).

· Gambling in any form.

· Carrying of knives (blade length in excess of 2.5 inches), pistols, firearms or concealed weapons (including pepper spray and mace).

· Smoking in residence or while working with residents and other uses of tobacco while on duty.

· Resorting to physical violence to settle a dispute with a fellow employee, customer(s) or the general public while on duty.

· Spitting in prohibited places or any other unsanitary, offensive or insensitive practices or behavior.

· Use of loud, indecent or profane language and/or making threatening or obscene gestures toward customers or other employees.

· Stopping for personal business, including use or restroom facilities, while vehicle is occupied by a passenger. The driver shall not leave the vehicle with the key in the ignition at any time.

· Engaging resident in a verbal confrontation in an attempt to settle a disagreement. Should a disagreement arise, the driver is to contact his dispatcher/supervisor via the radio system or cellular telephone.

· Soliciting or accepting money from residents, companions or others at any time.

· Withholding food or supplies.

I. TRANSPORTATION

The contractor shall assist the Veterans with local transportation to scheduled meetings and appointments, including giving each resident a monthly bus pass within 24 hours of entering the program. The contractor will be expected to help the Veteran access public transportation, including providing information and instructions necessary to enable Veterans to utilize public transportation. If VA staff determine that adequate public transportation is not available or appropriate for a Veteran, the contractor shall arrange for alternative transport by car.

J. FACILITY/SAFETY

It is the responsibility of the contractor to properly maintain its facilities and the VA shall have no responsibility for paying or reimbursing the contractor for such expenses. The contract facility must:

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

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

iii. Be licensed under State or local authority.

iv. Where applicable, be accredited· by the State.

v. Be equipped with operational air conditioning /heating systems.

vi. Will assist Veterans in maintaining cleanliness of space on a regular basis, at least once a week or as indicated. Area must be kept free of dirt, grime, mold, or other hazardous substances and damages that noticeably detract from the overall appearance.

vii. Supply each household dish soap, dishcloths or sponges, dish towels, window cleaner, general household cleaner, toilet cleaner, toilet brush, plunger, tub cleaner, and any other item to maintain cleanliness of the household.

viii. Be equipped with first aid equipment and an evacuation plan in case of emergency. Have emergency contact phone numbers posted in plain sight in each facility.

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

x. Provide basic furnishings like beds for each resident, dresser, lighting, living room seating for at least all residents in the residence, drying rack, silverware, cups, refrigerator, stove, television, cooking utensils, dining room table with chairs. Each Veteran must be supplied with a locked safe/cabinet that cannot be easily removed from the area for the Veteran’s prescription drugs.

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

i. The building must meet the requirements of the applicable residential occupancy chapters of the current version of NFPA 101, National Fire Protection Association's Life Safety Code. Any equivalencies or variances must be approved by the appropriate Veterans Health Administration Veterans Integrated Service Network (VISN) Director.

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

iii. Fire exit drills must be held at least quarterly. Residents must be instructed in evacuation procedures when the primary and/or secondary exits are blocked. A written fire plan for evacuation in the event of fire shall be developed and reviewed annually. The plan shall outline the duties, responsibilities and actions to be taken by the staff and residents in the event of a fire emergency. This plan shall be implemented during fire exit drills.

iv. Plans for facility(ies) response to tornados and power outages will be written and reviewed with staff upon hire and annually.

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

vi. Portable fire extinguishers shall be installed at the facility. Use NFPA 10, Portable Fire Extinguishers, as guidance in selection and location requirements of extinguishers.

vii. Requirements for fire protection equipment and systems shall be in accordance with NFPA 101. All fire protection systems and equipment, such as the fire alarm system, smoke detectors, and portable extinguishers, shall be inspected, tested and maintained in accordance with the applicable NFPA fire codes and the results documented.

viii. The annual inspection by a VA team shall include a fire and safety inspection conducted at the facility.

ix. All Department of Veterans Affairs reports of inspection of residential facilities furnishing treatment and rehabilitation services to eligible Veterans shall, to the extent possible, be made available to all government agencies charged with the responsibility of licensing or otherwise regulating or inspecting such institutions.

K. POLICY

The facility agrees and warrants that 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 limited to rooms, wards, sections, eating areas, drinking fountains, entrances, etc.

The facility agrees to accept referral of and to provide all services specified in this contract for any person determined eligible by the VA Medical Center Director or his designee, regardless of race, color, religion, sex or national origin of persons for whom such services are ordered. In addition, the facility warrants that subcontracting will not be resorted to as a means of circumventing this provision.

It is agreed that the VA readily have access to all records concerning the Veteran's care in the facility. It is agreed that duly authorized representatives of the VA will provide follow-up supervision visits to Veterans placed to assure the continuity of care and to assist in the Veteran's transition back into the community. It is understood that these visits do not substitute nor relieve the facility in any way of the responsibility for the daily care and treatment of the Veteran. Upon discharge or death of the Veteran, records on all VA beneficiaries will be retained by the facility for a period of at least three years.

The facility will not accept food stamps or welfare from Veterans.

The facility warrants that all applicable fire laws are being complied with and there are no recommendations of fire officials, which have not been resolved.

The contractor shall comply with the VA Patient's Bill of Rights as set forth in the Code of Federal regulations, Section 17.33a, Title 38 (copy is available upon request).

The VA case manager/treatment teams, in collaboration with the existing community homeless care task force workers, shall identify and refer all potential residents to the contractor. All Veterans will be homeless.

Before referring any Veteran, the VA shall have provided the contracted agency with a signed Release of Information (ROI) from the Veteran as well as that Veteran's clinical assessment, physical and laboratory studies, by VA staff.

L. INSPECTION AND ACCEPTANCE

It is agreed that the Veterans Affairs will have right to inspection of the residential treatment center and all appurtenances by an authorized representative(s) designated by the Veterans Affairs.

Prior to the award of a contract and annually during the contract term, a multidisciplinary Veterans Affairs team consisting of a social worker, dietitian, registered nurse, and an engineering service safety officer and any other subject matter experts determined necessary by the medical center or HCHV Coordinator shall conduct a survey of the contractors’ facilities to be used to provide food, shelter, and therapeutic services to assure the facility provides quality care in a safe environment. Inspections may also be carried out at such times as deemed necessary by the VA. See attached inspection checklist.

The contractor will be advised of the findings of the inspection team. If deficiencies are noted during any inspection, the facility will be given a reasonable time to take corrective action to notify the Contracting Officer that the corrections have been made. A written plan of action to correct deficiencies will be sent from the contractor to the contracting officer and COR within five days. A contract will not be awarded until noted deficiencies have been eliminated.

Failure by the Contractor to take corrective action within one (1) weeks’ time will be reported to the VA Contracting Officer. If corrections are not made to the satisfaction of the VA, the Contracting Officer will consult with the appropriate officials so that suitable arrangements can be made to discontinue plans to award a contract, or to discharge or transfer patients and to terminate the existing contract, as appropriate.

The inspection team will focus on an assessment of the quality of life within the residential treatment facilities, giving particular attention to the following factors:

· General observation of residents indicates that they maintain an acceptable level of personal hygiene and grooming.

· The facility meets applicable fire, safety and sanitation standards in attractive surroundings conducive to social interaction and the fullest development of the resident's rehabilitative potential.

· The facility should be in a central location, near public transportation, and near areas, which provide employment.

· Appropriate organized activity programs during waking hours (including evenings) reflecting a high level of activity in the facility or in the linked facilities, for example individual professional counseling, physical activities, assistance with health and personal hygiene.

· There is evidence of facility-community interaction. This may be demonstrated by the nature of scheduled activities or by information about resident flow out of the facility, e.g., community activities, volunteers, local consumer services, etc.

· Staff behavior and interaction with residents convey an attitude of genuine concern and caring.

· Appetizing, nutritionally adequate meals are provided in a setting, which encourages social interaction and nutritious snacks between meals and bedtime are available for those requiring or desiring additional food, when it is not medically contraindicated. Making a spot check of Veterans' records to ensure accuracy with respect to Veterans' length of stay and services provided to the Veterans.

M. MEDICAL RECORDS

The contractor will not provide health care to patients.

The Certification & Accreditation of contractor systems requirements do not apply and a Security Accreditation Package is not required.

N. PERFORMANCESTANDARDS

The contractor, along with the HCHV liaison will work towards meeting targeted standards set for permanent housing and negative exits.

1. Percent of exits to permanent housing, 53% or greater. Numerator will be Veterans who exit directly to permanent housing and upon leaving CERS.

2. Percentage of Veterans with a negative exit of 23% or less. Numerator will be exits in which the Veteran was asked to leave because of violation of program rules (excluding exits due to threatened/actual violence to self or others), failure to comply with program requirements, or left the program without consulting staff.

Exclusions for both measures will be:

· Veteran has a Length of Stay (LOS) of seven days or less.

· Veteran is deceased at discharge.

· Veteran discharged due to threatened/actual violence to self or others.

· Veteran is transferred to another residential program.

· Veteran is placed into a hospital, long-term care facility or nursing home.

· Veteran is transferred to another HCHV CERS program due to need for more intensive care.

The Government performs surveillance to determine if the contractor exceeds, meets, or does not meet these standards. The Government shall use the standards below to determine contractor performance and shall compare contractor performance to the Acceptable Quality Level (AQL). A Quality Assurance Surveillance Plan (QASP) was developed to measure this. See attached QASP.

O. QUALITY PERFORMANCE STANDARDS

The VA reserves the right to perform periodic and unannounced inspections. An initial and extensive (comprehensive) annual inspection will be performed by a team from VA service programs such as Facilities Management, Nursing, Police, and Social Work. Annual inspection(s) may be performed with/or in liaison with Homeless Programs or HCHV liaisons. Inspection(s) will include record reviews.

A VA inspection team will provide periodic inspections and any required follow-up inspections as needed.

The contractor must meet 100% of standards. The minimum standards are "Board and Care Standards" for inspections.

In addition, at a minimum, every two months a facilities check will be completed by the COR and the caseworker checking items, such as cleanliness of facilities, mold, bedbugs, damage to the facility, etc. A copy will be given to the contractor with any items that need to be addressed. Once a year, an inspection will be completed by the VA, separate from the normal facility inspections. See attached QASP.

The contractor will receive a copy of the inspection report and must correct deficiencies or provide an acceptable plan of action approved by the COR within 5 calendar days of notice. See attached HCHV Contract Residential Inspection Checklist. A sample inspection form is attached. This is a sample only for cursory review of possible inspection data. The VA may use updated and/or various inspection forms to complete the review.

Timelines and Penalties:

There will not be a deficiency notice of past performance issues if contractor performs correction within five (5) calendar days of notification of deficiency. Any life-threatening deficiencies must be corrected immediately. A re-inspection to ascertain corrections may be performed. If deficiencies continue, a deficiency and/or termination notice may be issued by the Contracting Officer.

Payment will be made for services rendered. Deficiencies may result in negative performance evaluation and may result in termination.

Deficiencies will be corrected within ten (10) calendar days of the deficiency, unless extended by the COR/CO. A plan of action to correct deficiencies that take longer than 10 days will be submitted to the COR.

P. RECORDS

The C&A requirements do not apply, and a security accreditation package is not required. Any documentation related to VA sensitive information (to include Veteran records) will be kept in a locked cabinet in a locked secure area.

Q. INVOICES

The Contract Number and Purchase Order Number MUST be on the invoice.

The contractor must submit their invoices electronically via the use Tungsten System as per B.1 Contract Administration Data. A copy must be faxed (or emailed) to the COR, FAX 859-281-3867.

R. TRAINING REQUIREMENTS

All staff and administrators of Veterans’ residential program will complete and document the following training, which is required prior to commencement of work and on an annual basis.

All Contractor employees and subcontractors under the contract are required to complete the NIH's On-line Security Awareness Training Course and the Privacy Awareness Training Course annually. Training can be accessed at https://irtsectraining.nih.gov/publicUser.aspx Crisis Management – 4 hours a year, first training to be completed before commencement of services.

American Red Cross First Aid and CPR certification completed within 2 months of hire. Maintain certification during period of contract.

For new or existing contracts/business associates up for renewal, the contractor/business associate will provide proof of training to the contracting officer and the Contracting Officer's Representative (COR). Each year during the renewal process, the vendor of an existing contract will complete Privacy Training. Assistance will be sought from the contracting officer to ensure that the vendor is made aware of this requirement. A copy of the proof of training will also be maintained in the vendor's contract file.

Record Storage: Unless prohibited by federal statutes, at the conclusion of the first year of the contract and at least once per year thereafter through the completion of the contract, the contractor shall purge and/or destroy all VA Personally Identifiable Information (PII) from their systems by deleting the information from the hard drive and any other storage devices that are aged more than 12 months. At the conclusion of the contract, all remaining PII data shall be purged from the contractor's records. Information on tapes, paper document or other media shall be erased and destroyed by burning or shredding. At each erasure during the contract cycle and contract determination, the Contractor shall certify in writing to the VA that the information has been destroyed.

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SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in…

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