36C25619R0119-036.docx

36C25619R0119

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

36C25619R0119 08-13-2019 Phyllis Shealey 318-990-4094 08-26-2019

2:00PM(CST)

Department of Veterans Affairs Overton Brooks VA Medical Center (90C) 510 East Stoner Avenue Shreveport LA 71101 X 623220 $15 Million N/A X Department of Veterans Affairs Southeast Louisiana Veterans Health Care Systems (SLVHCS) 2400 Canal St New Orleans LA 70119 Department of Veterans Affairs Overton Brooks VA Medical Center (90C) 510 East Stoner Avenue Shreveport LA 71101 http:/www.fsc.va.gov/fsc/einvoice.asp

Southeast Louisiana Veterans Health Care Systems has a requirement for residential housing for Substance Abuse Treatment Program (SATP) in the New Orleans, LA catchment area.

SEE PAGE 5 FOR SUMMARY OF SCHEDULES.

ALL PROPOSALS MUST BE RECEIVED ON OR BEFORE THE SAID DATE

AND TIME OF THIS SOLICITATION IN BLOCK 8. ALL PROPOSALS

SHALL BE EMAILED TO phyllis.shealey@va.gov.

n/a X X X

PHYLLIS SHEALEY

Contracting Officer

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C256 Phyllis Shealey

Department of Veterans Affairs Overton Brooks VA Medical Center (90C) 510 East Stoner Avenue Shreveport LA 71101

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.

All invoices are to be submitted at:

http:/www.fsc.va.gov/fsc/einvoice.asp

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

B.2 SUMMARY OF SCHEDULE

The contractor shall provide to the Department of Veterans Affairs residential treatment including therapeutic transitional housing and support services to Veterans that are homeless in accordance with all terms, conditions, provisions and requirements listed herein. This rate provided for line items 1 thru 5 shall be inclusive of all “basic services” as may be necessary in the treatment of the veteran. “Basic services” shall be as defined in the Statement of Work. Supplemental Services available from the contractor shall be separately priced, at a firm fixed rate, as stated in the Schedule of Services. Supplemental Services shall only be provided when specifically authorized in the Veteran’s written referral for services.

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 Statement of Work shall be provided by the Contractor at no additional cost to the charges stated for Basic Services.

The minimum value of services and maximum value of services to be provided under this contract during each contract year is as follows [note – minimum value of services is only applicable to option years if the Contracting Officer, in sole discretion, elects to exercise the option for that year]:

Base Year: 01 October 2019 through 30 September 2020

(Leap Year)

Option Year 1: 01 October 2020 through 30 September 2021

$____________ Daily rate x 5 beds x 365 days

Option Year 2: 1 October 2021 through 30 September 2022

Option Year 3: 1 October 2022 through 30 September 2023

Option Year 4: 1 October 2023 through 30 September 2024

Five (5) Beds Residential Community-Based Housing

366 DAYS

(Leap Year) $____________ Daily rate x 5 beds x 366 days

TOTAL (BASE PLUS 4 OPTIONS) $ __________________

NOTE: Fixed daily charge for basic services per each Veteran during Base Year and Option Years. Pricing will also apply to any extension of Services under clause 52.217-8. Per Diem Final Rate is all-inclusive of expenses and service. In accordance with FAR 16.504, the guaranteed minimum quantity of services the Government will acquire under this contract is one (1) bed for one (1) Veteran for one (1) day. The maximum quantity of services the Government will acquire under this contract is no more than $525,000.00.

B.3 STATEMENT OF WORK

1. SCOPE

1.1 The overall scope is to establish contractual agreement to provide five (5) beds providing care and services above the level of room and board. The Contractor shall furnish services to veterans for who such care is specially authorized by the Department of Veterans Affairs Southeast Louisiana Veterans Health Care System (SLVHCS). The Contractor shall provide residential treatment for substance abuse (SA) veterans who are participating in SA program with the Department of Veteran Affairs, SLVHCS, 2400 Canal Street, New Orleans, LA 70112 for the period of 01 October 2019 through 30 September 2024, base yearF with four (4) one-year option renewals.

1.1.1. DESCRIPTION AND REQUIREMENTS: The Contractor shall provide services to beneficiaries for whom such care is specifically authorized by the SLVHCS. The Contractor shall furnish residential treatment services for the sum quoted on the price schedule.

1.1.2. The Contractor shall furnish each veteran authorized care under this contract with room, board, 3 meals per day 7 days per week plus snacks, laundry services, transportation to and from outpatient appointments, medication monitoring, and monitoring for changes in behavior/mental or physical condition. In addition to providing all services outlined for general room and board, the contractor will place emphasis on close supervision of these veterans due to their complex care needs.

1.1.3. The 5 lodging bed spaces will be designated solely for use by veterans.

1.2.1. AUTHORITY: The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract.

1.1.3. OBJECTIVES:

Unless specifically included in this contract, the monthly rate established will include the services listed in this document and will also include the services listed in this document and will also include all services or supplies normally provided other persons by the facility without extra charge.

Contractor to provide beds with a monthly rate based on the negotiated cost for each veteran per bed used. Contractor shall bill only the number of beds that are filled each month (if a veteran did not occupy the bed for the entire month, the rate would be pro-rated based on the number of days the veteran resided in the facility, by dividing the monthly rate by the number of days in that month).

The estimate budget is inclusive to base plus four (4) one-year option periods. The budget estimate is based on historical data and an assessment of future needs. The contract will not represent a commitment to, or imply funding for, specific option periods or business areas. All option periods and business areas will be authorized and/or funded on and individual basis.

2. REQUIREMENTS:

2.1 Referrals to the facility for service will be developed from the Department of Veterans Affairs, SLVHCS Substance Programs.

2.2 The expected length of stay will be determined by the veteran’s treatment team, not to exceed six months, with an emphasis on stable housing to provide therapeutic services for seriously mentally ill veterans in the least restrictive environment. The SLVHCS staff will notify the contract facility if a veteran is not eligible for VA benefits or interested in further participation with the program. At that point SLVHCS would no longer fund the veteran’s lodging at the facility.

2.3 The Contractor will notify the SLVHCS immediately when a medical emergency occurs and make the appropriate referral to the local healthcare facility.

2.4 The Contractor shall notify SLVHCS of absences from the facility. Absences in excess of forty-eight (48) hours shall not be reimbursable without prior approval by the respective SLVHCS Case Manager.

2.5 The Contractor’s facility is required to undergo and pass annual inspection by SLVHCS designated Inspection Team.

2.6. PERFORMANCE BASED SERVICE ASSESSMENTS: The contractor shall comply with all requirements located in the Performance Based Service Assessment located in the Quality Assurance Surveillance Plan (QASP). The contractor will be assessed per the requirements.

2.7. PHASE IN/PHASE OUT PERIODS: The Contractor shall have personnel on board within fifteen (15) day of awarded contract to minimize any decreases in productivity and to prevent possible negative impacts on additional services. During the phase in period, the contractor must become familiar with performance requirements in order to commence full performance.

3. SPECIALIZED MEDICAL RESOURCES PROVIDED TO VA MEDICAL CENTER

3.1 The Contractor agrees with the terms and conditions stated herein, to furnish residential treatment services to eligible veterans of the Department of Veterans Affairs SLVHCS New Orleans, La, and provide services specified and at the prices specified in B.2 Cost Schedule.

3.2 The services specified in Section 2 may be changed by written modification with mutual agreement of contractor and government.

3.3 Other necessary personnel for the operation of the services contracted for by the SLVHCS will be provided by Contractor at levels mutually agreed upon which are compatible with the safety of the patient and personnel and with quality medical care programming.

3.4 The contractor shall employ sufficient staff (i.e. numbers and positions) to carry out the responsibilities of this contract.

3.5 The services to be performed by the Contractor will be under the direction of the responsible staff to ensure compliance with the terms of the contract.

3.6. TERM OF CONTRACT:

The term of the contract will be from October 1, 2019 through September 30, 2024, base with (4) one-years optional renewal. The Government may extend the term of this contract by written notice to the contractor.

3.7 The Contractor as defined herein shall furnish the services covered by this contract. The Contractor will be required to provide said services on a 24/7 basis.

3.8 It is expressly understood by SLVHCS and Contractor that their responsibilities to one another shall be contingent upon the availability of funds appropriated to VA and that such responsibilities shall be terminated if said funds cease to be available.

3.9 The parties hereto agree that all client/veteran information shall be treated as confidential except between the parties hereto, and to comply with all applicable state and Federal laws, policies and regulations regarding the confidentiality of information.

3.10 The Contractor understands and agrees that it will maintain and make available any/all books, records, audit working papers, audits, patient records, etc., which are directly relevant to any/all funds received from SLVHCS for at least three fiscal years beyond the end of the current fiscal year or until completion/resolution of any audit issues or questioned costs relative to the current fiscal year, whichever is longer. Said documentation shall be readily available to all appropriate Federal agencies.

3.11 The Contractor understands that this contract cannot be assigned to any person, group, organization, or agency.

3.12 The Contractor understands and agrees that no percentage of this work may be contracted, subcontracted, granted, sub-granted, or otherwise transferred or paid to any other person, entity, or contractor without specific prior written authorization from the Contracting Officer.

3.13 The Contractor understands and agrees that VA may perform background checks on the Contractor and Contractor employees, agents, volunteers, etc. The Contractor agrees to obtain necessary authorization to permit SLVHCS to perform background checks. The Contractor further understands and agrees that SLVHCS reserves the right to immediately terminate this contract if it is the sole opinion the safety or well-being of any of its clients/patients is compromised.

3.14 The SLVHCS will be liable for payment for only those services actually provided. If the contract is terminated, payment will be authorized only for those services provided prior to the date of contract termination. Under no circumstances will the SLVHCS be responsible for payment of services received.

3.15 The Contractor agrees, in accordance with the terms and conditions stated herein, to furnish to the Department of Veteran Affairs, SLVHCS 2400 Canal Street, New Orleans, LA, the services specified and at the prices specified in the Price Schedule of Contract.

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.1. GENERAL: The Contractor shall furnish all supplies, equipment, facilities and services required to perform work under this contract that are not listed under Section 3 of this Statement of Work.

4.2. STAFFING: There shall exist sufficient staff in numbers and position qualifications to carry out the policies, responsibilities, and programs of the facility. Contractor’s employees shall not be considered government employees for any purpose. Contractor employees are not under the direct control or supervision of the government. Contract award shall not result in a personal services contract.

4.3. LAUNDRY FACILITIES: Laundry facilities for residents to do their own laundry. Washers and dryer will be provided.

4.4. VETERAN RIGHTS: 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).

4.5. FACILITY:

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

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

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

4.5.1.3. Be licensed under State or local authority.

4.5.1.4. Where applicable, be accredited by the State. be equipped with operational air conditioning /heating systems. Be kept clean free of dirt, grime, mold, or other hazardous substances and damaged noticeably detract from the overall appearance.

4.5.1.5. Be equipped with first aid equipment and an evacuation plan in case of emergency.

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

4.5.2. FACILITY STANDARDS: The Contractor Facility Must Meet Fire Safety Requirements, As Follows:

4.5.2.1. 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.

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

4.5.2.3. 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.

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

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

4.5.2.6. 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.

4.5.2.7. The annual inspection by a VA team 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.

4.5.3 The Contractor’s Facility Is Required to Undergo and Pass Annual Inspection by SLVHCS Designated Inspection Team.

a. CONTRACT HOUSING/ INSPECTION REQUIREMENTS ARE:

1) Clinical Information return: Clinical information must be provided back to the respective program. Information shall be provided within 72 hours of the event.

2) Access/Availability: An adequate number of slots shall be available in a ready state to accommodate planned admissions. Empty beds will be ready for occupancy within 24 hours after notification by respective Case Manager.

3) Quality Care: Facility shall meet relevant accreditation standards of Joint Commission (JA) and Commission on Accreditation of Rehabilitation Facilities (CARF).

4) Staff qualifications: Patient care staff hired by contractor shall: Not be a current patient of SATP and shall receive a minimum of 10 CEU’s per year in the areas of substance abuse.

5) Patient Safety: All patient safety incidents shall be reported to the Case Manager Program or the on-call psychiatrist within 24 hours of the incident. Patient safety must be investigated, confirmed and resolved. Updates, findings, and status reports shall be provided at least monthly. The results of patient safety incident investigations, conclusions, findings, and status reports on any corrective actions shall be reported to respective Case Manager. Updates, findings, and status reports shall be provided at least monthly.

6) Patient Satisfaction: Contractor shall assess patient satisfaction and solicit complaints and suggestions regarding the quality of care. Patient satisfaction results are reported to SLVHCS on at least a quarterly basis. Issues and complaints requiring more immediate action are brought to Case Manager’s attention within a week.

4.4 PRICE ESCALATION: From time the VA reviews the existing rates allowed for contracts of this nature. This contract be amended to reflect any increase in the per diem rate based on a commensurate rate increased authorized the Veterans Affairs Central office. Such a change in the per diem rate would have to be implemented through a new contractual agreement.

4.5 EXTENSION OF CONTRACT PERIOD AND CHANGES TO CONTRACT

One extension of time not to exceed one year may be granted only by the Government, with the concurrence of the contractor. Notice of an extension must be served in writing by the Government thirty days prior to the scheduled expiration date. The extension is granted subjected to the availability of funds.

The Contracting Officer is the only person authorized to approve changes or modify any of the requirements of this contract. The Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer is authorized to make commitments or issue changes that shall affect price, quantity or quality of performance of this contract.

The COR will be responsible for the overall technical administration of this contract as outlined in the COR Delegation of Authority.

IN THE EVENT THE CONTRACTOR AFFECTS ANY SUCH CHANGE AT THE DIRECTION OF ANY PERSON OTHER THAN THE CONTRACTING OFFICER WITHOUT AUTHORITY, NO ADJUSTMENT SHALL BE MADE IN THE CONTRACT PRICE TO COVER AN INCREASE IN COSTS INCURRED AS A RESULT THEREOF.

5. SUPPLEMENTAL SERVICES: 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 or supplies normally provided other patients by the facility without incurred cost to the Government. It is impossible to determine the exact or estimated amount which will be incurred. Therefore, no obligation will be incurred by the Department of Veterans Affairs under this contract unless a specific authorization for veterans is issued by the VAMC for services rendered in accordance with such authorization upon receipt of proper invoices by the residential treatment center at the completion of each month's service.

6. REFERRALS: The VA is responsible for determining eligibility of Veterans prior to referral to the Contractor for treatment. The SATP Coordinator or case manager shall identify and refer all patients to the Contractor.

A list of authorized VA ordering officials for the contract shall be provided to the Contractor upon award of the contract. Ordering officials may be added or deleted from the list during the term of the contract at the discretion of VA Contracting Officer. The Contractor shall be provided an updated list of authorized VA ordering officials whenever such changes are made.

It is understood that the Contractor will not be paid for care provided to a referred Veteran beyond the period authorized in the referral, unless an extension of the authorization is provided verbally or in writing by the SATP Coordinator.

Each veteran will be evaluated monthly on need and progress to determine the actual length of stay. The decision on length of stay will be decided by the SATP Coordinator or designee and director of facility providing that funding is available.

NOTE: THE CONTRACTOR SHALL REFER FEMALE VETERANS IN NEED OF SERVICES TO THE HCHV COORDINATOR.

7. Facility:

7.1. The Contractor’s Facility Is Required to Undergo and Pass Annual Inspection by SLVHCS Designated Inspection Team.

a. CONTRACT HOUSING/ INSPECTION REQUIREMENTS ARE:

1) Clinical Information return: Clinical information must be provided back to the respective program. Information shall be provided within 72 hours of the event.

2) Access/Availability: An adequate number of slots shall be available in a ready state to accommodate planned admissions. Empty beds will be ready for occupancy within 24 hours after notification by respective Case Manager.

3) Quality Care: Facility shall meet relevant accreditation standards of Joint Commission (JA) and Commission on Accreditation of Rehabilitation Facilities (CARF).

4) Staff qualifications: Patient care staff hired by contractor shall: Not be a current patient of SATP and shall receive a minimum of 10 CEU’s per year in the areas of substance abuse.

5) Patient Safety: All patient safety incidents shall be reported to the Case Manager Program or the on-call psychiatrist within 24 hours of the incident. Patient safety must be investigated, confirmed and resolved. Updates, findings, and status reports shall be provided at least monthly. The results of patient safety incident investigations, conclusions, findings, and status reports on any corrective actions shall be reported to respective Case Manager. Updates, findings, and status reports shall be provided at least monthly.

6) Patient Satisfaction: Contractor shall assess patient satisfaction and solicit complaints and suggestions regarding the quality of care. Patient satisfaction results are reported to SLVHCS on at least a quarterly basis. Issues and complaints requiring more immediate action are brought to Case Manager’s attention within a week.

8. HHS/OIG

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.

8.1 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.

9. TORT CLAIMS

Contractor employees are not covered by the Federal Tort Claims Act. When a Contractor employee has been identified as a provider in a tort claim, the Contractor employee is responsible for notifying the Contractor’s legal counsel and/or insurance carrier along with the Contracting Officer. Any settlement or judgment arising from a Contractor employee’s action or non-action is the responsibility of the Contractor and/or insurance carrier.

10. RECORD KEEPING

10.1 The Program Office shall establish and maintain a record keeping system that will record the services performed by the Contractor's employee(s). Any incidents of Contractor non-compliance as evidenced by the monitoring procedure shall be forwarded immediately to the Contracting Officer.

10.2 Documentation of services performed shall be reviewed prior to certifying payment. The Program Office shall pay for services actually performed and in strict accordance with Schedule of Supplies/Services above. Contract monitoring and record-keeping procedures shall be sufficient to ensure proper payment and allow audit verification that services were provided.

11. ACCESS TO ADP FILES

In performance of official duties, the Contractor shall have regular access to printed and electronic files containing sensitive data, which shall be protected under the provision of the Privacy Act of 1974 (5 U.S.C. 552a), and other applicable laws, Federal Regulations, Veterans Affairs statutes and policies. The Contractor is responsible for protecting that data from unauthorized release or from loss, alteration, or unauthorized deletion, and for following all applicable regulations and instructions regarding access to computerized files, release of access codes, etc., as set out in a computer access agreement which the Contractor should have on file for each employee to include employee’s acknowledgement and signature. See Section C, VAAR Clause 852.273-75 for further information regarding information technology security requirements.

Report suspected or identified information security/privacy incidents to the COR and to the local ISO or Privacy Officer as appropriate.

Direct all inquiries pertaining to this review to our ISO (NOLA) Customer Service Team e-mail box: vhanoliso@va.gov.

12. HIPPA COMPLIANCE

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 VA is the Veterans Health Administration (VHA). In accordance with HIPAA, the Contractor may be required to enter into a Business Associate Agreement (BAA) with VHA.

13. TRAINING

All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and its systems:

1. Sign and acknowledge (electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, relating to access to VA information and information systems:

a. Log into: https://www.tms.va.gov/plateau/user/login.jsp

b. Access website - Click on: Create New User

c. Click on: Contractor

d. Successfully complete the info required, then complete required training course, print certificates, and forward a copy of the certificate to CO.

14. GOVERNMENT EVALUATION: The Government shall evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the Contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

(END OF STATEMENT OF WORK)

36C25619R0119

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SECTION C - CONTRACT CLAUSES

C.1 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes FAR 52.219-4 Notice of Price Evaluation Preference for HubZone Small Business Concerns.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer 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.

(c) 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 Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) 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 Contracting Officer to assess the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

(End of Clause) C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (MAY 2019)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115–91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(4) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509).

[] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (5) [Reserved] [] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015) (31 U.S.C. 6101 note).

[] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

[] (10) [Reserved] [] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

[] (ii) Alternate I (NOV 2011) of 52.219-3.

[X] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (ii) Alternate I (JAN 2011) of 52.219-4.

[] (13) [Reserved] [] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

[] (ii) Alternate I (NOV 2011).

[] (iii) Alternate II (NOV 2011).

[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

[] (ii) Alternate I (Oct 1995) of 52.219-7.

[] (iii) Alternate II (Mar 2004) of 52.219-7.

[X] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

[] (17)(i) 52.219-9, Small Business Subcontracting Plan (AUG 2018) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (NOV 2016) of 52.219-9.

[] (iii) Alternate II (NOV 2016) of 52.219-9.

[] (iv) Alternate III (JAN 2017) of 52.219-9.

[] (v) Alternate IV (AUG 2018) of 52.219-9.

[] (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

[] (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).

[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

[] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).

[X] (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C 632(a)(2)).

[] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (DEC 2015) (15 U.S.C. 637(m)).

[] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (DEC 2015) (15 U.S.C. 637(m)).

[X] (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[] (26) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JAN 2018) (E.O. 13126).

[X] (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (28)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

[] (ii) Alternate I (FEB 1999) of 52.222-26.

[X] (29)(i) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

[] (ii) Alternate I (JULY 2014) of 52.222-35.

[X] (30)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

[] (ii) Alternate I (JULY 2014) of 52.222-36.

[X] (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

[X] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (33)(i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

[] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

[X] (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[] (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[] (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

[] (38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (OCT 2015) of 52.223-13.

[] (39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-14.

[] (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C. 8259b).

[] (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-16.

[X] (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) [] (43) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[] (44) 52.223-21, Foams (JUN 2016) (E.O. 13693).

[] (45) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

[] (ii) Alternate I (JAN 2017) of 52.224-3.

[] (46) 52.225-1, Buy American—Supplies (MAY 2014) (41 U.S.C. chapter 83).

[] (47)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[] (ii) Alternate I (MAY 2014) of 52.225-3.

[] (iii) Alternate II (MAY 2014) of 52.225-3.

[] (iv) Alternate III (MAY 2014) of 52.225-3.

[] (48) 52.225–5, Trade Agreements (AUG 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (49) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[] (50) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

[] (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

[] (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

[] (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[] (54) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[X] (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C. 3332).

[] (56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

[] (57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[] (58) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[] (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

[] (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

[] (ii) Alternate I (Apr 2003) of 52.247-64.

[] (iii) Alternate II (FEB 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[] (1) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495).

[X] (2) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

[X] (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[X] (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[] (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

[] (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[] (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[X] (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

[X] (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

[] (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and…