36C25619Q0389-002.docx

36C25619Q0389

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 SI

GN 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. SIGN

ATURE 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

36C25619Q0389 04-17-2019 Corey Labbe 713-794-7792 04-29-2019 4:00 pm cst 36C256 Department of Veterans Affairs Network Contracting Office 16 Michael E. DeBakey VA Medical Center 2002 Holcombe Boulevard Houston TX 77030 4298 X 624229 $15 Million X N/A X 36C598 Department of Veterans Affairs Central Arkansas Veterans HCS 2200 Fort Roots Drive North Little Rock AR 72114 1706 36C256 Department of Veterans Affairs Nework Contracting Office 16 Michael E. DeBakey VA Medical Center 2002 Holcombe Boulvard Houston TX 77030 4298

Department of Veterans Affairs Financial Service Center PO Box 149971 Austin TX 78714-9971 1-877-353-9791 512-460-5429 See CONTINUATION Page This solicitation is a request for quote (RFQ) for Halfway House Services in support of the Central Arkansas Veterans Healthcare System (

CAVHS

The government intends to award a firm fixed price Indefinite Delivery Indefinite Quantity (IDIQ) contra ct.

Contractor shall provide all necessary personnel, supervision, labor, equipment and materials to provide Halfway House Services in accordance with the performance work statement (

PWS

Reference Addendum to FAR 52.212-1 for offerer instructions located on page 54 and Evaluation on page The following wage determination applies:

Wage Determination No. 2015-5117 Rev 9 Dated 12/26/2018 See CONTINUATION Page X X Corey Labbe

NCO116L2-2708

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:

Phone: ____________________________________

Email: ____________________________________

DUNS Number: ____________________________

TAX ID: __________________________________

b. GOVERNMENT:

Corey Labbe, Contracting Officer Department of Veterans Affairs Network Contracting Office 16 2002 Holcombe Boulevard Houston, TX 77030

Email: corey.labbe@va.gov

Lynn Hemphill, Contracting Officer Representative (COR) Phone: 501-244-1753 E-mail: lynn.hemphill@va.gov

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor shall be electronically reimbursed:

[X} 52.232-33, Payment by Electronic Funds Transfer- System For Award Management

[ ] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

c. Other

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

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

B.2 PRICE/COST SCHEDULE

Contractor shall provide Halfway House Services in accordance with section B.3 Performance Work Statement (PWS). The unit prices listed in this price schedule is inclusive of all services set forth in the PWS. An initial Task Order for Services will be issued by the VA Contracting Officer at the beginning of the contract’s period of performance. The Task Order will be emailed to the Contractor which will include quantities. The VA anticipates funding one Task Order per 12-months. If the value of a particular Task Order needs to be increased or decreased, a Modification will be done to the Task Order by a VA Contracting Officer. Task Orders will be funded so that funds are already available when the VA requires services. Do not exceed the amount funded without first receiving a Modification.

ORDERING PERIOD ONE: May 05, 2019 – May 04, 2020

QUANTITY

Halfway House Services w/o meals (24 Veterans x 248 Days)

DY

Halfway House Services including meals (24 Veterans x 117 Days)

DY

TOTAL ESTIMATED COST FOR ORDERING PERIOD ONE: __________________

ORDERING PERIOD TWO: May 05, 2020 – May 04, 2021

QUANTITY

Halfway House Services w/o meals

DY

DY

TOTAL ESTIMATED COST FOR ORDERING PERIOD TWO: ____________________

ORDERING PERIOD THREE: May 05, 2021 – May 04, 2022

QUANTITY

Halfway House Services w/o meals

DY

DY

TOTAL ESTIMATED COST FOR ORDERING PERIOD THREE: ____________________

ORDERING PERIOD FOUR: May 05, 2022 – May 04, 2023

QUANTITY

Halfway House Services w/o meals

DY

DY

TOTAL ESTIMATED COST FOR ORDERING PERIOD FOUR: ____________________

ORDERING PERIOD FIVE: May 05, 2023 – May 04, 2024

QUANTITY

Halfway House Services w/o meals

DY

DY

TOTAL ESTIMATED COST FOR ORDERING PERIOD FIVE: ____________________

TOTAL ESTIMATED VALUE TO INCLUDE ALL ORDERING PERIODS: __________________

Minimum Guarantee/Minimum Quantity (all ordering periods): Halfway House Services w/o meals: 365 Days.

Halfway House Services including meals: 365 Days Maximum Quantity (all ordering periods): Halfway House Services w/o meals: 29,760 Days Halfway House Services including meals: 14,040 Days.

Current ordering period pricing will apply to any extensions exercised in accordance with FAR Clause 52.217-8

B.3 PERFORMANCE WORK STATEMENT (PWS)

HALFWAY HOUSE SERVICES

1. GENERAL:

1.1. GENERAL: The Contractor shall be responsible for providing halfway house services to Veterans with various mental health issues as specified herein. All services shall be performed off-site at the Contractor’s facility. The Contractor shall provide professional and technical services to include materials, supplies, equipment and qualified supervision specified herein. The contract will be in support of The Department of Veterans Affairs, Central Arkansas Veterans Healthcare System (CAVHS) located at 2200 Fort Roots Drive, North Little Rock, Arkansas.

1.2. PLACE OF PERFORMANCE: All services will be provided at the Contractor’s facility and shall be located within a 5 mile radius of the CAVHS located at 2200 Fort Roots Drive, North Little Rock, Arkansas.

1.3. AUTHORITY: FAR Parts 12 – Acquisition of Commercial Items, FAR Part 13 Simplified Acquisition Procedures, FAR 13.5 Simplified Procedures for Certain Commerical Items, FAR 16.5 Indefinite Delivry Contracts.

1.4. POLICY AND REGULATIONS: Contractor shall comply with all applicable policy and regulations, including, but not limited to the following:

1.4.1. Privacy Act of 1974 (5 U.S.C. 552a) as amended http://www.justice.gov/oip/foia_updates/Vol_XVII_4/page2.htm

1.4.2. VHA Handbook 1605.1, Privacy and Release of Information http://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=1423

1.4.3. Health Insurance and Accountability Act of 1996 (HIPAA) http://www.cms.gov/Regulations-and-Guidance/HIPAA-Administrative-

1.5. DEFINITIONS/ACRONYMS:

1.5.1. CO: Contracting Officer

1.5.2. COR: Contracting Officer’s Representative

1.5.3. COS: Chief of Staff

1.5.4. CPARS: Contractor Performance Assessment Reporting System

1.5.5. ISO: Information Security Officer

1.5.6. PWS: Performance Work Statement

1.5.7. QA/QI: Quality Assurance/Quality Improvement

1.5.8. QM/PI: Quality Management/Performance Improvement

1.5.9. QASP: Quality Assurance Surveillance Plan

1.5.10. VA: Veterans Affairs

1.5.11. VAMC: Veterans Affairs Medical Center

1.5.12. VHA: Veterans Health Administration

1.6. BILLING DEFINITIONS:

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

2. FACILITY:

2.1. CONTRACTOR FACILITY QUALIFICATIONS SHALL INCLUDE THE FOLLOWING:

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

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

2.1.3. Licensed under State or local authority.

2.1.4. Where applicable, be accredited by the State.

2.1.5. Equipped with operational air conditioning/heating systems and kept clean free of dirt, grime, mold, or other hazardous substances and damages that noticeably detract from the overall appearance.

2.1.6. Equipped with first aid equipment and an evacuation plan in case of emergency

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

2.1.8. Indoor recreation/lounging areas shall be provided for Veterans.

2.1.9. The contractor facility must meet fire and safety requirements as follows:

2.1.9.1 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.

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

2.1.9.3 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

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

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

2.1.9.6 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.

2.1.9.7 The annual inspection by a VA team required shall include a fire and safety inspection conducted at the facility unless a review of past Department of Veterans Affairs inspections or inspections made by the local authorities indicates that a fire and safety inspection would not be necessary, in which case the fire and safety inspection may be waived by the VA

2.1.9.8 In the event a beneficiary receiving care under this contract dies, the facility shall promptly notify the VA office authorizing admission and immediately assemble, inventory and safeguard the patient's personal effects left by patients. The funds, deposits and effects left by VA patients within the premises of the facility shall be delivered by the facility manager to the person or persons entitled thereto under the laws currently governing the facility for making disposition of funds and effects left by patients, unless the beneficiary died without leaving a will, heirs or next of kin capable of inheriting. When disposition has been made, the itemized inventory with a notation as to the disposition of the funds and effects will be immediately forwarded to the VA office. Should a deceased veteran leave no will, heirs or next of kin, his personal property and funds wherever located vests in and becomes the property of the United States in trust. In these cases, the facility will forward an inventory of any such property and funds in its possession to the appropriate VA office and will hold them (except articles of clothing necessary for proper burial) under safeguard until instructions are received from the Department of Veterans Affairs concerning disposition

2.2. INSPECTION OF FACILITY AND PROGRAM.

2.2.1. Prior to contract award and annually during the contract term, a multidisciplinary VA team consisting of a social worker, dietitian, registered nurse, a representative of the VA Police, and a Facilities Management Safety Officer, and other subject matter experts as determined necessary by the medical center director or Halfway House Coordinator shall conduct a survey of the Contractor’s facilities to be used to provide Veterans food and shelter to assure the facility provides quality care in a safe environment. Inspections may also be carried out at such other times as deemed necessary by the Department of Veterans Affairs

2.2.2. The contractor will be advised of the findings of the inspection team. If deficiencies are noted during any inspection, the contractor will be given a reasonable time to take corrective action and to notify the Contracting Officer that the corrections have been made. A contract will not be awarded until noted deficiencies have been eliminated. Failure by the Contractor to take corrective action within a reasonable 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

2.2.3. The inspection of the Contractor facilities will include inspection for conformity to the current Life Safety Code and will also include the following:

2.2.3.1 General observation of residents to determine if they maintain an acceptable level of personal hygiene and grooming.

2.2.3.2 Assessment of whether the facility meets applicable fire, safety and sanitation standards.

2.2.3.3 Determining whether the facility is in attractive surroundings conducive to social interaction and the fullest development of the resident's rehabilitative potential.

2.2.3.4 Observation of facility operations to see if appropriate organized activity programs are available during waking hours (including evenings) and degree to which a high level of activity is observed in the facility, such as physical activities, assistance with health and personal hygiene.

2.2.3.5 Seeking evidence of facility-community interaction, 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.

2.2.3.6 Observation of staff behavior and interaction with residents to determine if they convey an attitude of genuine concern and caring.

2.2.3.7 Inspecting the meals, types of snacks or other occasional food provided to residents to see if it is provided in a setting, which encourages social interaction and if nutritious snacks between meals and bedtime are available for those requiring or desiring additional food, when it is not medically contraindicated.

3. HOURS OF OPERATION:

3.1. BUSINESS HOURS: Services shall be available from the contractor 24 hours per day, seven days per week, including weekends and federal holidays. Contractor must provide coverage for all required shifts, including nights, weekends and holidays. Sunday through Saturday includes federal holidays as outlined in the next paragraph.

FEDERAL HOLIDAYS: The following holidays are observed by the Department of Veterans Affairs:

1. New Year’s Day

2. Washington’s Birthday

3. Martin Luther King’s Birthday

4. Memorial Day

5. Independence Day

6. Labor Day

7. Columbus Day

8. Veterans Day

9. Thanksgiving

10. Christmas

11. Any day specifically declared by the President of the United States to be a national holiday.

4. CONTRACTOR RESPONSIBILITIES

4.1. GENERAL: The Contractor shall be responsible for providing community halfway house services to Veterans, including those with alcohol and drug dependency. The services shall be furnished to beneficiaries for whom such care is specifically authorized by the CAVHS. The type of Veterans to be cared for under this contract will normally require care and services above the level of meals, room and board. Relevant care will include but not be limited to:

4.1.1 Supervised alcohol and drug free environment

4.1.2 Active affiliation with community support groups such as Alcoholics Anonymous (AA), Narcotic Anonymous (NA), etc.

4.1.3 Structured group activities

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

4.2.1. Room in which to sleep and safely secure their belongings.

4.2.2. On Weekends, Federal Holidays, or days when travel is not advised, such as in the case of inclement weather, provide three (3) daily nutritious meals and reasonable accommodations for special dietary needs.

4.2.3. Provision daily of snacks offered between meals and at bedtime.

4.2.4. Provide a means for Veterans to wash their own clothes or otherwise send to laundry at no additional cost to Veteran.

4.2.5. Provision of continued substance abuse supportive recovery services to a Veteran while in residence. This may be provided by the Contractor or by arrangement with a VA medical facility or community treatment source.

4.2.6. Staffing on a 24-hour basis.

4.2.7. Separate sleeping areas for male and females.

4.2.8. Health and personal hygiene maintenance.

4.2.9. Secure space for storage of valuables and medications. At a minimum, a personal lock box or safe assigned to each Veteran

4.3. The contractor shall agree that the VA may readily have access to all records (Roster) concerning the Veteran's care in the facility. Clinical services will not be provided by the Contractor and no clinical records will be kept at the Contractor’s facility. The VA does not require the contractor to keep independent records for Veterans admitted to the facility. The VA offices will keep all Veterans’ records. It is agreed that duly authorized representatives of the VA shall 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 halfway house in any way of the responsibility for the daily care of the Veteran. Upon discharge or death of the patient, medical records (Roster) on all VA Veterans will be retained by the facility for a period of at least three (3) years following termination of care at VA expense.

4.4. The Veteran will be responsible for safely storing their own medications in provided safe storage and for dispensing his/her own prescribed medications. The contractor shall not normally be required to provide drugs, but over-the-counter drugs, such as aspirin or acetaminophen, may be administered to patients by the halfway house facility within the Per Diem Rate per assigned patient per day cost. Emergency after-hour drugs prescribed by a physician for an immediate situation involving the health and welfare of the Veteran shall be reimbursed by the government under the same conditions as emergency medical care described below. No clinical services will be provided by the Contractor.

4.5. The Contractor 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 contractor shall neither require such segregated use by written or oral policies nor tolerate such use by local custom. The term facilities shall include but not be limited to rooms, wards, sections, eating areas, drinking fountains, entrances, etc. It is further agreed that the VA will have the right to inspection of the halfway house facility and all appurtenances by an authorized representative(s) designated by the VA, to determine whether acceptable standards are maintained, and that adequate care is being rendered.

4.6. The contractor agrees to accept referral of and to provide all services specified in this contract for any person determined eligible by the Chief Medical Director or his/her designee, regardless of the race, color, religion, sex or national origin of the person for whom such services are ordered. In addition, the contractor warrants that subcontracting shall not be resorted to as a means of circumventing this requirement

5. ADDITIONAL CONTRACT REQUIREMENTS

5.1. The contractor will employ sufficient personnel to carry out the policies, responsibilities, and the program for the facility. There must be, as a minimum, at least one administrative staff member, or designee of equivalent professional capability, on duty on the premises or residing at the house and available for emergencies 24 hours a day, 7 days a week. 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 required by this PWS. Contractor shall ensure the safety of all Veterans at all times during contract performance and while the Veterasn is present at the contractors facility.

5.2. ABSENCES AND CANCELLATIONS

5.2.1 The contractor shall notify the VA of unauthorized absences by a referred Veteran from the facility.

5.2.2 Should a Veteran absent himself/herself from the Contractor’s facility in an unauthorized manner, payment for services for that Veteran shall be continued for a maximum period of two days, provided there is an active outreach attempt on the part of the Contractor’s staff to return the Veteran to the facility and there is a reasonable belief that the Veteran will return. Management of program dropout will be an element of quality assurance review of this program. Absences of the Veteran from the facility in excess of two days will not be reimbursable unless authorized in advance by the Contracting Officer’s Representative or designee.

5.2.3 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.

5.2.4 The contractor shall notify the authorizing VA 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 (John L. McClellan Memorial Veterans Hospital, 4300 West 7th Street, Little Rock, AR). 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 accomplished provided that VA authorization is obtained. If hospitalization of a non-emergency nature is required, it is agreed that admission to the appropriate VA facility will be accomplished promptly. If time is essential for the patient’s health and/or welfare, the contractor shall have the patient immediately admitted or summon an ambulance to transport the Veteran to the quickest available care. The VA will reimburse the contractor for customary and reasonable costs associated with this outside the Per Diem Rate per day /per Patient cost on the agreement. The contractor is to notify the Program Coordinator at 501-257-3214.

5.2.5 The contractor shall notify the authorizing VA facility immediately of any incidents involving Veterans residing in the program. The contractor shall notify the Program Coordinator 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). The contractor shall provide the VA with a copy of the incident report within 24 hours.

5.3. CONTRACTOR STAFF CONDUCT/COMPLAINT HANDLING

5.3.1. 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.

5.3.2. 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 Contracting Officer’s Representative 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.

5.4. TRANSPORTATION

5.4.1. The Contractor shall provide transportation to and from the VA two (2) times a day for meals, meetings, and appointments. The patients shall be transported each morning and picked up at the conclusion of the day. The exact times and schedules for these pickups will be directed by the Contracting Officer’s Representative (COR).

5.4.2. The Contractor shall assist the Veterans with local transportation to scheduled meetings and appointments. 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.

5.5. PERFORMANCE STANDARDS, QUALITY ASSURANCE AND QUALITY IMPROVEMENT: Services and documentation of care provided under the resultant contract shall be subject to quality management and safety standards as established by VA. The contractor shall develop and maintain Quality Improvement/ Quality Assurance Programs and provision of care equal to or exceeding VA Standards. The results of all Quality Improvement activities performed by the contractor involving VA patients will be shared with VA Quality Management Office.

5.5.1. Measure: Availability of Beds

Performance Requirement: Beds shall be available at all times while a Veterans is residing at the Contractors facility.

Standard: All (100%) of beds shall be available at all times.

Acceptable Quality Level: 100% Surveillance Method: Direct Observation

5.5.2. Measure: Healthy nutritious food for Veterans

Performance Requirement: Contractor shall provide healthy nutritious food for each Veteran.

Standard: All (100%) of food shall be provided for each Veteran.

Acceptable Quality Level: 100% Surveillance Method: Direct Observation

5.5.3. Measure: Transportation

Performance Requirement: Contractor shall provide transportation for residents to CAVHS for medical, substance use, and mental health care appointments as needed.

Standard: All (100%) transportation shall be provided at times specified in the PWS.

Acceptable Quality Level: All (100%) Surveillance Method: Direct Observation

5.5.4. Measure: Availability of Staffing.

Performance Requirement: Contractor shall provide 24/7 awake staffing at the facility.

Standard: All (100%) staffing shall be available 24/ hours a day, 7 days a week.

Acceptable Quality Level: 100% Surveillance Method: Direct Observation

5.5.5. Measure: Patient Safety

Performance Requirement: Patient safety incidents shall be reported using Patient Safety Report. All incidents reported immediately (within 24 hours.)

Standard: All (100%) of patient safety incidents are reported using Patient Safety Report within 24 hours of incident.

Acceptable Quality Level: All (100%) of patient safety incidents are reported using Patient Safety Report within 24 hours of incident. No acceptable deviation.

Surveillance Method: Direct Observation

5.5.6. Measure: Privacy, Confidentiality and HIPAA

Performance Requirement:

Standard: All (100%) contractor physician (s) comply with all laws, regulations, policies and procedures relating to Privacy, Confidentiality and HIPAA Acceptable Quality Level: 100% compliance; no deviations.

Surveillance Method: Periodic Sampling; Contractor shall provide evidence of annual training required by VAMC, reports violations per VA Directive 6500.6.

5.5.7. Measure: Patient Complaints

Performance Requirement: Patient complaints about the quality of care are reported to the COR, and the Contracting Officer for resolution.

Standard: All (100%) patient complaints are reported within 24 hours.

Acceptable Quality Level: 85% compliance; no deviations.

Surveillance Method: Review of Contractor reports

5.6. REQUIRED REGISTRATION WITH CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS)

5.6.1. As prescribed in Federal Acquisition Regulation (FAR) Part 42.15, the Department of Veterans Affairs (VA) evaluates Contractor past performance on all contracts that exceed the Simplified Acquisition Threshold, and shares those evaluations with other Federal Government contract specialists and procurement officials. The FAR requires that the Contractor be provided an opportunity to comment on past performance evaluations prior to each report closing. To fulfill this requirement VA uses an online database, CPARS, which is maintained by the Naval Seal Logistics Center in Portsmouth, New Hampshire. CPARS has connectivity with the Past Performance Information Retrieval System (PPIRS) database, which is available to all Federal agencies. PPIRS is the system used to collect and retrieve performance assessment reports used in source selection determinations and completed CPARS report cards transferred to PPIRS. CPARS also includes access to the federal awardee performance and integrity information system (FAPIIS). FAPIIS is a web-enabled application accessed via CPARS for Contractor responsibility determination information.

5.6.2. Each Contractor whose contract award is estimated to exceed the Simplified Acquisition Threshold requires a CPARS evaluation. A government Focal Point will register your contract within thirty days after contract award and, at that time, you will receive an email message with a User ID (to be used when reviewing evaluations). Additional information regarding the evaluation process can be found at www.cpars.gov or if you have any questions, you may contact the Customer Support Desk @ DSN: 684-1690 or COMM: 207-438-1690.

5.6.3. For contracts with a period of one year or less, the contracting officer will perform a single evaluation when the contract is complete. For contracts exceeding one year, the contracting officer will evaluate the Contractor’s performance annually. Interim reports will be filed each year until the last year of the contract, when the final report will be completed. The report shall be assigned in CPARS to the Contractor’s designated representative for comment. The Contractor representative will have sixty (60) days to submit any comments and re-assign the report to the CO.

5.6.4. Failure for the Contractor’s representative to respond to the evaluation within those sixty (60) days, will result in the Government’s evaluation being placed on file in the database with a statement that the Contractor failed to respond; the Contractor’s representative will be “locked out” of the evaluation and may no longer send comments.

5.7. VENDOR ELECTRONIC INVOICE SUBMISSION METHODS

Facsimile, e-mail, and scanned documents are not acceptable forms of submission for payment requests. Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods below:

Invoices will be electronically submitted to the Tungsten website at http://www.tungstennetwork.com/uk/en/. Tungsten direct vendor support number is 877-489-6135 for VA contracts. The VA-FSC pays all associated transaction fees for VA orders. During Implementation (technical set-up) Tungsten will confirm your Tax Payer ID Number with the VA-FSC. This process can take up to 5 business days to complete to ensure your invoice is automatically routed to your Certifying Official for approval and payment. In order to successfully submit an invoice to VA-FSC please review “How to Create an Invoice” within the how to guides. All invoices submitted through Tungsten to the VA-FSC should mirror your current submission of Invoice, with the following items required. Clarification of additional requirements should be confirmed with your Certifying Official (your CO or buyer). The VA-FSC requires specific information in compliance with the Prompt Pay Act and Business Requirements. For additional information, please contact:

Tungsten Support Phone: 1-877-489-6135 Website: http://www.tungsten-network.com/uk/en/ Department of Veterans Affairs Financial Service Center Phone: 1-877-353-9791 Email: vafscched@va.gov

5.8. CONTRACTOR SECURITY REQUIREMENTS (HANDBOOK 6500.6)- PLEASE

Va information and information system security/privacy

1. General contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same federal laws, regulations, standards, and va directives and handbooks as va and va personnel regarding information and information system security.

2. Access to va information and va information systems

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

b. All contractors, subcontractors, and third-party servicers and associates working with va information are subject to the same investigative requirements as those of va appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with va directive and handbook 0710, personnel suitability and security program. The office for operations, security, and preparedness is responsible for these policies and procedures.

c. Contract personnel who require access to national security programs must have a valid security clearance. National industrial security program (nisp) was established by executive order 12829 to ensure that cleared u.s. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The department of veterans affairs does not have a memorandum of agreement with defense security service (dss). Verification of a security clearance must be processed through the special security officer located in the planning and national security service within the office of operations, security, and preparedness.

d. Custom software development and outsourced operations must be located in the u.s. to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other va policy or mandates, the contractor/subcontractor must state where all non-u.s. services are provided and detail a security plan, deemed to be acceptable by va, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the u.s. may be an evaluation factor.

e. The contractor or subcontractor must notify the contracting officer immediately when an employee working on a va system or with access to va information is reassigned or leaves the contractor or subcontractor's employ. The contracting officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination.

3. Va information custodial language

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

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

c. Prior to termination or completion of this contract, contractor/ subcontractor must not destroy information received from va, or gathered/ created by the contractor in the course of performing this contract without prior written approval by the va. Any data destruction done on behalf of va by a contractor/subcontractor must be done in accordance with national archives and records administration (nara) requirements as outlined in va directive 6300, records and information management and its handbook 6300.1 records management procedures, applicable va records control schedules, and va handbook 6500.1, electronic media sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the va contracting officer within 30 days of termination of the contract.

d. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of va information only in compliance with the terms of the contract and applicable federal and va information confidentiality and security laws, regulations and policies. If federal or va information confidentiality and security laws, regulations and policies become applicable to the va information or information systems after execution of the contract, or if nist issues or updates applicable fips or special publications (sp) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract.

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

f. If va determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for va to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under federal acquisition regulation (far) part 12.

g. If a vha contract is terminated for cause, the associated baa must also be terminated and appropriate actions taken in accordance with vha handbook 1600.01, business associate agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship.

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

i. The contractor/subcontractor's firewall and web services security controls, if applicable, shall meet or exceed va's minimum requirements. Va configuration guidelines are available upon request.

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

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

l. For service that involves the storage, generating, transmitting, or exchanging of va sensitive information but does not require c&a or an mou-isa for system interconnection, the contractor/subcontractor must complete a contractor security control assessment (csca) on a yearly basis and provide it to the cor.

4. Information system design and development

a. Information systems that are designed or developed for or on behalf of va at non-va facilities shall comply with all va directives developed in accordance with fisma, hipaa, nist, and related va security and privacy control requirements for federal information systems. This includes standards for the protection of electronic phi, outlined in 45 c.f.r. part 164, subpart c, information and system security categorization level designations in accordance with fips 199 and fips 200 with implementation of all baseline security controls commensurate with the fips 199 system security categorization (reference appendix d of va handbook 6500, va information security program). During the development cycle a privacy impact assessment (pia) must be completed, provided to the cor, and approved by the va privacy service in accordance with directive 6507, va privacy impact assessment.

b. The contractor/subcontractor shall certify to the cor that applications are fully functional and operate correctly as intended on systems using the va federal desktop core configuration (fdcc), and the common security configuration guidelines provided by nist or the va. This includes internet explorer 7 configured to operate on windows xp and vista (in protected mode on vista) and future versions, as required.

c. The standard installation, operation, maintenance, updating, and patching of software shall not alter the configuration settings from the va approved and fdcc configuration. Information technology staff must also use the windows installer service for installation to the default "program files" directory and silently install and uninstall.

d. Applications designed for normal end users shall run in the standard user context without elevated system administration privileges.

e. The security controls must be designed, developed, approved by va, and implemented in accordance with the provisions of va security system development life cycle as outlined in nist special publication 800-37, guide for applying the risk management framework to federal information systems, va handbook 6500, information security program and va handbook 6500.5, incorporating security and privacy in system development lifecycle.

f. The contractor/subcontractor is required to design, develop, or operate a system of records notice (sor) on individuals to accomplish an agency function subject to the privacy act of 1974, (as amended), public law 93-579, december 31, 1974 (5 u.s.c. 552a) and applicable agency regulations. Violation of the privacy act may involve the imposition of criminal and civil penalties.

g. The contractor/subcontractor agrees to:

(1) comply with the privacy act of 1974 (the act) and the agency rules and regulations issued under the act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies:

(a) the systems of records (sor); and

(b) the design, development, or operation work that the contractor/ subcontractor is to perform;

(1) include the privacy act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the redesign, development, or operation of a sor on individuals that is subject to the privacy act; and

(2) include this privacy act clause, including this subparagraph (3), in all subcontracts awarded under this contract which requires the design, development, or operation of such a sor.

h. In the event of violations of the act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a sor on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation…