36C25019R0010-001.docx

36C25019R0010

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

36C25019R0010 10-16-2018

DAVINA PERRY

216-447-8300 11-05-2018 36C250 Department of Veterans Affairs Network Contracting Office (NCO) 10 6150 Oak Tree Blvd., Suite 300 Independence OH 44131 X 624221 $11 Million X N/A X Department of Veterans Affair Network Contracting Office (NCO) 10 6150 Oaktree Blvd., Suite 300 Independence OH 44131 Department of Veterans Affairs Network Contracting Office (NCO) 10 6150 Oak Tree Blvd., Suite 300 Independence OH 44131

Department of Veterans Affairs Financial Services Center P.O. Box 149971 Austin TX 78714-9971 See CONTINUATION Page CLEVELAND Health Care for Homeless Veterans Program for Single Men Complete the Price Schedule on page_6_ for the Base year and Option periods 1-4: Date of Award through September 30, 2018.

Address and complete FAR Clause 52.212-2, Evaluation- Commerical Items in Section E, Provisions.

Contract Period:

Date of Award through September 30, 2019 October 1, 2019 through September 30, 2020 October 1, 2020 through September 30, 2021 October 1, 2021 through September 30, 2022 October 1, 2022 through September 30, 2023 $0.00 See CONTINUATION Page X X

DAVINA PERRY

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

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

a. CONTRACTOR: _________________________________________

b. GOVERNMENT: Contracting Officer 36C250 DAVINA PERRY Department of Veterans Affairs Network Contracting Office (NCO) 10 6150 Oak Tree Blvd., Suite 300 Independence OH 44131

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

3. INVOICES: Invoices shall be submitted in arrears:

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.

Department of Veterans Affairs Financial Services Center P.O. Box 149971 Austin TX 78714-9971

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

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B.2 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011)

This solicitation includes FAR 52.219-4 Notice of Price Evaluation Preference for HubZone Small Business Concerns. Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by VA to assist in assessing the contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to contractor's offices where the contractor's business records or other proprietary data are retained and to review such business records regarding the contractor's compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

B.3 SUBCONTRACTING COMMITMENTS--MONITORING AND COMPLIANCE (JUN 2011)

This solicitation includes VAAR 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, and VAAR 852.215-71, Evaluation Factor Commitments. Accordingly, any contract resulting from this solicitation will include these clauses. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) to assist in assessing contractor compliance with the subcontracting commitments incorporated into the contract. To that end, the support contractor(s) may require access to the contractor's business records or other proprietary data to review such business records regarding contract compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor compliance with the subcontracting commitments.

B.4 Price/ Cost Schedule Under the authority of Title 38 USC 8153 and FAR Part 13.5, the Department of Veterans Affairs (VA) intends to enter into a MULTIPLE award, indefinite delivery and indefinite quantity contract. The contractor shall provide Residential Treatment Services and Case Management for Homeless Veterans to Louis Stokes CLEVELAND VA Medical Center in accordance with the attached Performance Work Statement and all other terms and conditions specified within this contract. In accordance with 52.216-22-Indefinite Quantity, the overall minimum amount established as 365 BED DAYS for the contract duration. The guaranteed minimum that the Government agrees to order during the period of this contract is 365 BED DAYS for the contract duration. The total contract maximum shall not exceed 10,950 BED DAYS. The maximum relates to the actual amount of services ordered during the contract period.

Ordering Officials: Louis Stokes Cleveland VAMC HCHV Homeless Coordinators are designated to approve and submit Veterans to the Contractor Facility.

Item Information:

BASE YEAR (Date of Award - September 30, 2019)

OPTION YEAR ONE (October 1, 2019 - September 30, 2020)

OPTION YEAR TWO (October 1, 2020 - September 30, 2021)

OPTION YEAR THREE (October 1, 2021 - September 30, 2022)

OPTION YEAR FOUR (October 1, 2022 - September 30, 2023)

AGGREGATE TOTAL: ______________________________

B.5 Performance Work Statement The Veterans Affairs Medical Center (VAMC) anticipates award of an Indefinite Quantity, Indefinite Delivery contract, based on the contents of this solicitation.

The Department of Veterans Affairs Medical Center, Cleveland, Ohio (VAMC) provides diagnostic and therapeutic services in medicine, surgery, rehabilitation medicine, psychiatry, and skilled nursing home care. This facility also provides homeless services to those men and women veterans requiring a transition program to aid homeless veterans.

The goal of this contract is to remove homeless male veterans from the street or habitation unfit for veterans and place them in community-based, residential environments, providing sufficient services to meet the needs of the veterans served.

Temporary Residential Shelter: Provide housing, (room and board) to include, but not necessarily limited to, beds, dresser and linen, restroom, bath, and kitchen facilities, and related furnishings. Provide food for two balanced meals daily and snacks daily to each shelter resident. Contractor to provide personal hygiene items, first aid supplies, and storage as needed.

Liaison/COR: The Cleveland VA Medical Center will provide oversight of the Contractor’s facility and the resident veterans by a Licensed Independent Social Worker (LISW).

The contractor shall provide services to beneficiaries for whom such care is specifically authorized by the Department of Veterans Affairs Medical Center herein after referred to as the (VAMC). The contractor shall provide to the VAMC, Community Based Health Care for Homeless Veterans (HCHV), in accordance with all terms and conditions, provisions and requirements listed herein for the sum quoted. This rate is inclusive of all services as may be necessary in the treatment of the patient. Unless specifically excluded in this contract, the per diem rate established will include the services listed in this document and will also include all services normally provided other patients by the facility without extra charge.

The contractor shall furnish services to beneficiaries from whom such care is specifically authorized by the VAMC. It is understood that the type of patients 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, Depression, Schizophrenia, Domestic Violence, Post Traumatic Stress Disorder, and/ or Substance Dependencies. The facility will not be used for detoxification or other hospital level treatment, VAMC will provide those services as indicated or will refer to community agencies if indicated.

This is an indefinite delivery, indefinite quantity contract because it is impossible to determine with any certainty the amount of services that will be required under this contract. It is understood that no obligation will be incurred by the Department of Veterans Affairs except for services rendered under this contract pursuant to referrals issued by the Department of Veterans Affairs for residential treatment for specific beneficiaries.

All deliverables and other documentation required by the Performance Work Statement shall be provided by the Contractor at no additional cost to the charges stated for Basic Services.

REQUIREMENTS

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

Contractor(s) shall be responsible for sufficient residential capacity to place up to six (6) veterans in safe, community-based, residential environments with the ability to place a veteran on the same day of a referral from HCHV staff. Referrals for homeless veterans include those living on the streets and in shelters, as well as those on waiting lists for housing options such as Grant and Per Diem and HUD-VASH. VAMC will be responsible for per diem payment for each admitted veteran but not less than one (1) per diem bed at a time.

· The six (6) transitional beds shall be in Cuyahoga County within the boundaries of:

North – Route 2 (Marginal Road) South – Denison and Harvard East – East 105th & Stokes Blvd.

West – East 65th & Lorain

These six (6) beds are for Veterans being discharged from detox services or are in immediate need of residential substance abuse treatment. Targeted population for these beds will be veterans requiring a high degree of safety and sobriety related to their early recovery efforts. However, these beds also can be used for veterans designated for a short waiting list (up to 90 days) for other housing programs.

Meals- including at least two (2) 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.

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. The addition of nutritious snacks to the requirements for room and board is particularly indicated for homeless patients. Many of these patients are either undernourished or have developed poor eating habits or both, due to their chronic psychiatric disorder, including alcohol/drug abuse behaviors. The local VAMC Medical Center dietitian may consult with the initial inspection team and the team making subsequent assessments, in evaluating not only the printed menus but also the patients' satisfaction with meals and the actual consumption of food offered.

Laundry facilities for residents to do their own laundry or to have laundry done.

Therapeutic and Rehabilitative Services determined to be needed by the individual patient in a plan developed by the contractor with input from the patient and the VAMC HCHV case manager. Services, which the contractor must be able to furnish, include:

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

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

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

4. Supportive social services, in collaboration with the HCHV case managers, health and housing authority or other contract resources. In case of an emergency the COR shall be notify immediately within two hours of the incident.

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

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

7. The facility shall assist the patients with transportation to scheduled meetings and appointments including information and instructions so that they can utilize public transportation. Contractor drivers shall possess current license and vehicle insurance if providing transportation. If the contractor cannot provide a licensed driver in an insured vehicle, the contractor shall provide bus passes or bus tickets to the patient.

8. Collaboration with the VAMC program staff, which will provide supportive and psychosocial services.

9. Individual professional counseling, including counseling on self care skills, and, as appropriate, vocational rehabilitation counseling, in collaboration with VAMC program and community resources.

10. Assistance to gain and to apply knowledge of the illness/ recovery process.

11. Orientation for Veterans that are referred from Cleveland VAMC. Each Veteran, referred to contractor, is provided upon admission the handbook of rights.

12. Mental health service plan for each referred Veteran completed within one week of admission, substantially in conformance with attached format utilized by Cleveland VAMC. Service plan for each Veteran referred will be updated weekly. Service plan will be prepared with cooperation of veteran and VAMC liaison/COR.

These services will continue throughout their authorized stay, generally not to exceed 90 days.

PERSONNEL

The contractor will employ sufficient personnel to carry out the policies, responsibilities, and the program for the facility. In residential treatment facilities there must be, at a minimum, two (2) staff members on duty on the premises or residing at the house and available for emergencies 24 hours a day, 7 days a week. In those instances where a supervised residential setting is linked to a geographically distinct rehabilitation and/or socialization day program, sufficient professional health care personnel must be identified to provide the necessary therapeutic activities and to ensure a meaningful integration of these efforts with those provided in the residential setting.

REFERRALS

A. Personnel authorized by the VAMC to order service shall make requests for service via telephone. A faxed information sheet shall follow each telephone authorization as soon as possible after completion by Clinical Staff.

B. Orders, requests, or changes shall only be made by the Clinical staff, or authorized party specified by the Chief, Mental Health Service. 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.

C. A list of 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 at the discretion of VAMC. The Service Provider shall be notified to such changes as they occur.

ABSENCES AND CANCELLATION

A. The contractor shall notify VAMC of absences from the facility. Absences of the patient from the facility in excess of forty-eight (48) hours will not be reimbursable except those with the prior approval of the VAMC coordinator. Should a patient referred to a residential treatment facility, absent himself 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.

B. It is understood that the beneficiary may be provided facility care at the contracted amount for a period not to exceed that of the stated length of treatment plan contracted (generally sixty days), unless an extension of the authorization is provided in writing by the VAMC.

C. VAMC reserves the right to remove any or all patients from the facility at any time without additional cost, when it is determined to be in the best interest of the VAMC or the patient.

RECORDS

The contractor shall make available to VAMC, documentary information such as data requests from the Northeast Program Evaluation Center (NEPEC) and any other information deemed necessary by the VAMC to conduct utilization review audits for the mandated national evaluation study as required by the Section 2 of Public Law 100-6; to verify quality of patient care for veterans, to assure confidentiality of patient record information, and to determine the completeness and accuracy of financial records. www.va.gov/oig/52/reports/2006/VAOIG-04-00888-215.pdf

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 17.707(b) to provide housing and supportive services in a manner that is free from religious discrimination. www.gpo.gov/fdsys/pkg/CFR.../CFR-2002-title38-vol1-sec17-710.pdf

The contractor shall notify VAMC immediately (within two (2) hours when a medical emergency occurs that requires hospitalization of a patient receiving care at VAMC expense. It shall be agreed that the Veteran will be readmitted to the appropriate VAMC facility. When such readmission is not feasible because of the nature of the emergency, it shall be agreed that hospitalization in a non-federal hospital may be accomplished provided the VAMC authorization is obtained. If hospitalization of a non-emergency nature is required it shall be agreed that readmission to the VAMC will be accomplished promptly within two days based on the availability of a bed at the VAMC.

SECURITY

A. VAMC approved public key infrastructure (PKI) shall be deployed on contractor’s network computers to securely and privately exchange data with the Cleveland VAMC.

B. Contractor shall complete and submit the required Business Associate Agreement (BAA) form.

C. This requirement does not require any contracting owned devices connection to a VAMC internal (non-public) trusted network. IT requirements for IT security requirements for certification and accreditation (authorization) (C&A) do not apply and that a Security Accreditation Package is not required.

D. Contractor and any subcontractors must adhere to the provisions of Public Law 104-191, Health Insurance Portability and Accountability Act (HIPAA) of 1996. This includes both Privacy and Security Rules published by the Department of Health and Human Services (HHS). As required by HIPAA, HHS has promulgated rules governing the use and disclosure of protected health information by covered entities. The covered entity component of VAMC is the Veterans Health Administration (VHA). In accordance with HIPAA, the Contractor shall be required to enter into a Business Associate Agreement.

E. Contractor shall ensure that employees involved in patient care shall have a current background investigation – The level of background investigation commensurate with the required level of access is Special Agreement Checks (SAC).

F. To ensure that the individuals providing services under the contract have not engaged in fraud or abuse regarding Sections 1128 and 1128A of the Social Security Act regarding federal health care programs, the Contractor is required to check the Health and Human Services – Office of Inspector General, List of excluded individuals/entities on the OIG website (www.hhs.gov/oig) for each person providing services under the contract. Further the Contractor is required to certify in its proposal that all persons listed in the Contractor’s proposal have been compared against the OIG list and are not listed. During the performance of this contract the Contractor is prohibited from using any individual or business listed on the List of Excluded Individual/Entities.

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

1. Use of intoxicating liquors, narcotics or controlled substances of any kind (excluding doctors’ prescriptions which do not impair driver’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).

1. Gambling in any form.

1. Carrying of pistols, firearms or concealed weapons.

1. Smoking and other uses of tobacco while on duty.

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

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

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

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

1. Engaging customer in a verbal confrontation in an attempt to settle a disagreement.

1. Soliciting or accepting tips from customer, companions or others at any time.

COMPLAINTS HANDLING

The Liaison/Contracting Officer Representative (COR) shall monitor the service provided. Contractor shall cooperate with the Liaison/COR in providing information and answering questions in a timely manner when requested. Contractor shall refer complaints received directly from the customer(s) to the Liaison/COR. All complaints received by the Liaison/COR and forwarded to the Contractor shall be investigated promptly. After investigation and disposition, Contractor shall respond to the Liaison/COR within five (5) working days after receipt by the Contractor.

TRANSPORTATION

The facility shall be located on a bus line, within reasonable walking distance (one block) of a bus stop.

FACILITY

Facility shall be inspected by VAMC personnel prior to award. If the contract is extended beyond one year, the facility must be re-inspected annually for every year that the contract is renewed.

Facility shall be equipped with operational air conditioning /heating systems.

Facility shall be kept clean and free of dirt, grime, mold, or other hazardous substances. In addition, the property shall be free of any damage to the property.

Facility shall be equipped with first aid kits; fire extinguisher(s) fully charged and not expired, fire/carbon alarms, and an evacuation plan in case of emergency.

Facility shall have windows and doors that can be opened and closed in accordance with manufacturer standards and in compliance with NFPA Life Safety Code.

VAMC will not incur any cost associated with the contractor providing inadequate or faulty equipment.

The facility shall be handicapped accessible in accordance with the 2010 ADA Standards for Acceptable Design. If the facility is more than one story, there shall handicapped accessible rooms on the first along, along with at least one handicapped accessible bathroom.

The facility shall be in close proximity, within 3 miles, of other veterans’ therapeutic services.

The contract facility must have a current occupancy permit or license required by the authority having jurisdiction.

Ohio Law States 2950.03.1 Residing within 1,000 feet of school premises is prohibited; injunctive relief. Part (A) No person who has been convicted of, is convicted of, has pleaded guilty to, or pleads guilty to either a sexually oriented offense or a child-victim oriented offense shall establish a residence or occupy residential premises within one thousand feet of any school premises.

The Ohio Revised Code 2925.01 defines a “School” as:

“School” means any school operated by a board of education or any school for which the state board of education prescribes minimum standards under section 23301.07 of the Revised Code, whether or not any instruction, extracurricular activities, or training provided by the school is being conducted at the time a criminal offense is committed.

Therefore the facility shall not be within 1,000 feet of a school, daycare centers or play grounds or other places where children gather so as to be in compliance with the law.

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 be 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 VAMC, 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 VAMC readily has access to all records concerning the veteran's care in the facility. It is agreed that duly authorized representatives of the VAMC 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 patient, records on all VAMC beneficiaries will be retained by the facility for a period of at least three years (or such other length of time as defined from time to time by VAMC) following termination of care. www.archives.gov/records-mgmt

The facility will not accept welfare from veterans.

The facility warrants that it is in compliance with all applicable fire laws; that there are no recommendations of fire officials which have not been resolved.

The contractor shall comply with the VAMC Patient's Bill of Rights as set forth in the Code of Federal regulations, Section 17.34a, Title 38 (copy is available upon request). (www.patientadvocate.va.gov/rights.asp)

The VAMC case manager/treatment teams, in collaboration with the existing community homeless care task force workers, shall identify and refer all appropriate patients to the contractor. All patients will be homeless and may have mental illness diagnoses which could include chronically mentally ill (CMI) veterans whose psychiatric disorder is manifested by chronic alcohol or other drug abuse.

Before referring any patient, the VAMC shall have provided the contracted agency with a signed Release of Information (ROI) from the veteran patient as well as that veteran’s clinical assessment, physical and laboratory studies, and confirmation of chronic mental illness by a VAMC staff.

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, a multidisciplinary Veterans Affairs team consisting of a social worker, dietitian, registered nurse, an Engineering Service Safety Specialist, and a VAMC Police Service law enforcement officer shall conduct a survey of the proposed facility/property to be utilized by the Contractor.

For inspection purposes, the proposed facility will need to be unoccupied by any tenants. If the facility is occupied by tenants and the tenants are not evacuated within 30 days of the of a date stipulated by the Contracting Office and/or VA Medical Center Liaison, the Dept. of Veterans Affairs reserves the right to not award a contract for the proposed facility and to re-post a solicitation to acquire additional proposals from other interested contractors.

The contractor will be advised of the finding 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 contract will not be awarded until all noted deficiencies have been addressed in a Plan of Corrective Action and/or until the inspection team member signs the inspection report approving admission of veterans. The VAMC shall monitor the contractor's program and inspect the contractor's facility to ensure compliance with this agreement. Any unsatisfactory conditions noted during an inspection of contract facility will be reported in writing to the VAMC Contracting Officer through the Medical Center Director. If corrections are not made to the satisfaction of the VAMC, the Contracting Officer will consult with the appropriate officials so that suitable arrangements can be made to discharge or transfer patients and to terminate the contract.

Subsequent inspections of the residential treatment center must be made annually by a multidisciplinary team including such VAMC Medical Center personnel as the Director considers necessary to assure the facility provides quality care in a safe environment. As the VAMC program personnel accomplish site visits, attention will be directed to the adequacy of veterans' records. Site visits will also include a spot check of records to ensure contractor invoices accurately reflect the veteran's length of stay.

Inspection reporting will be recorded on Department of Veterans Affairs Health Care for Homeless Veterans report form. All sections of the report will be completed and signed by the inspection team members. The report will then be referred to the Medical Center Director’s Office for review and signature. Following the Medical Center Director’s signature, the report will be forwarded to the VISN 10 Network Homeless Coordinator’s (NHC) Office for review, and the NHC will forward the report to National HCHV for approval.

SAFETY

The VAMC Safety Specialist (Engineering Service) or Liaison/COR will inspect the facility for conformity to the current Life Safety Code and submit his/her findings to the multidisciplinary team. The inspection will focus on an assessment of the quality of life within the proposed facility.

PAYMENTS

a. Payment to the Contractor shall be made monthly, in arrears, per patient upon receipt of a properly prepared invoice. Payment for any leave, including sick leave, holiday, or vacation time, shall be the responsibility of the Contractor. VAMC will pay only for “fixed daily charge.”

b. Contractor employee(s) shall be actually performing the services specified in the contract in order to receive reimbursement.

c. The Department of Veterans Affairs Financial Service Center (FSC) is the designated agency office for invoice receipt in accordance with the Prompt Payment Act (5 CFR Part 1315). FSC or its designated representative may contact the vendor to provide specific instructions for electronic submission of invoices. The vendor shall be responsible for any associated expenses. FSC may utilize third-party Contractors to facilitate invoice processing. Prior to contact by FSC or its designated representative for electronic invoicing submissions, the vendor shall continue to submit all invoices to FSC at the mailing address below:

Payment Address:

Department of Veterans Affairs Financial Services Center P.O. Box 149971 Austin, TX 78714-8971

Fax Number: (512)460-5440

d. Billings rendered by the Contractor to the Program Office for services furnished under the terms of this contract shall be billings in full. Neither the beneficiary his insurer, nor any third party shall be billed.

NOTE: Invoices for payment may be rejected if all information required by FAR Clause 52.212-4(g) is not included. Invoices shall include the following information to be considered valid for payment. Invoices without the required information will be returned:

Vendor name, invoice number and date Complete purchase order number assigned by the VAMC facility Name of provider, number of patient days “fixed daily charge”.

Total dollar amount of invoice

QUALITY REVIEW

Contractor shall provide HCHV staff with regular reports on changes in veterans’ status, including all changes and observations concerning the veterans’ biopsychosocial needs. Contractor shall make available to the VAMC documentary information deemed necessary by the VAMC 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 patient care for veterans, to assure confidentiality of patient care for veterans, to assure confidentiality of patient record information, and to determine the completeness and accuracy of financial records.

The COR or multidisciplinary treatment team will designate a clinician to perform a quality review of the care of Veterans referred to the contractor. The findings of the survey will be tabulated and reported to the Cleveland VAMC Quality Management Department and the Contracting Officer. The review will be performed quarterly and will include reviewing a sampling of patient charts to determine the quality of care rendered the Veterans.

Quarterly, the COR or multidisciplinary treatment team will designate a clinician to perform a quality review of the care of Veterans referred to the contractor. The review will be performed quarterly and will include observing the facility and interviewing a sample of Veterans who have been referred to the Contractor.

Key Personnel: The Contractor shall assign to this contract personnel that by education and training (and, when required, certification or licensure) are qualified to provide the services as denoted in the Statement of Work. Contractor must identify each labor category to be utilized for this effort and provide a description of the skills and experience required per labor category, along with resumes

HHS/OIG: To ensure that the individuals providing services under the contract have not engaged in fraud or abuse regarding sections 1128 and 1128 A of the Social Security Act regarding federal health care programs, the Contractor is required to check the Health and Human Services – Office of Inspector General, List of excluded individuals/entities on the OIG web site (www.hhs.gov/oig) for each person providing services under the contract. During the performance of this contract, the Contractor is prohibited from using any individual or business listed on the List of Excluded Individuals/Entities.

Tort Claims: Contractor employees are not covered by the Federal Tort Claims Act.

Personnel Policy: The Contractor shall assume full responsibility for the protection of its personnel furnishing services under this contract. To carry this out, the Contractor shall provide the following for these personnel: Worker’s Compensation; Professional Liability Insurance; Income Tax Withholding; Social Security Payments Management.

Supervision and Training: Contracted agency shall be responsible for supervising the daily services provided under this contract. Contracted agency shall have written policies and procedures regarding staff credentials.

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (JAN 2017)

(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 this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D)…