36C25621R0098_1.docx

36C25621R0098

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

36C25621R0098 04-15-2021 Phyllis Shealey 318-990-4094 04-30-2021

10AM

C S T Department of Veterans Affairs Overton Brooks VA Medical Center (90C) 510 East Stoner Avenue Shreveport LA 71101 X 623220 $16.5 Million N/A X Department of Veterans Affairs

WHSE/INSIDE DELIVERY V.A. MEDICAL CENTER

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

SUBMIT INVOICES TO:

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

See CONTINUATION Page Overton Brooks VA Medical Center has a requirement for residential housing for Substance Use and Disorders Service (SUDS) program in the Shreveport, 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 SOLICIATION IN BLOCK 8. All proposals must be emailed to Phyllis Shealey at phyllis.shealey@va.gov See CONTINUATION Page N/A X X x Bennett Smith 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 BENNETT SMITH 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.

SUBMIT INVOICES TO:

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 SCHEDULES

The contractor shall provide to the Department of Veterans Affairs, Overton Brooks VA Medical Center residential housing for the Substance Use Disorder Services (SUDS) Program including therapeutic transitional housing and support services to Veterans in accordance with all terms, conditions, provisions and requirements listed herein. “Basic services” shall be as defined in the Statement of Work. This will be a fixed price Indefinite Delivery Contract (IDC) with five (5) year ordering period from 01 June 2021 (or from date of award) to 31 May 2026. 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.

Ordering Period One: 01 June 2021 through 31 May 2022

$ Daily rate x 10 beds x 365 days

Ordering Period Two: 01 June 2022 through 31 May 2023

$ Daily rate x 10 beds x 365 days

Ordering Period Three: 01 June 2023 through 31 May 2024

(LEAP YEAR)

$ Daily rate x 10 beds x 366 days

Ordering Period Four: 01 June 2024 through 31 May 2025

$ Daily rate x 10 beds x 365 days

Ordering Period Five: 01 June 2025 through 31 May 2026

$ Daily rate x 10 beds x 365 days

ESTIMATED TOTAL$_________________

NOTE: Fixed price daily charge for basic services per each Veteran will be used during each ordering period. Pricing will also apply to any extension of Services under clause 52.217-8, at the end of Ordering Period Five. 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) night. The maximum quantity of services the Government will acquire under this contract is no more than $3.3M.

36C25621R0098

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B.3 STATEMENT OF WORK

1. SCOPE

The overall scope is to establish contractual agreement to provide room, board, transportation and other Substance Use and Disorder Services (SUDS) treatment supportive services to patients enrolled in SUDS and deemed eligible for such services as determined by the Department of Veterans Affairs, Overton Brooks VA Medical Center (OBVAMC), 510 E. Stoner Ave., Shreveport, LA medical center director or his designee. The period of performance will be from 01 June 2021 (or, from date of award) through 30 March 2026, a fixed price Indefinite Delivery Contract (IDC) with a five (5) year ordering period.

BASIC SERVICES: Services shall be furnished to beneficiaries for whom such care is specifically authorized by the Department of Veterans Affairs (DVA). It is understood that the type of patients to be provided services under this contract will normally require services above the level of simple room and board.

1.1 The contractor shall furnish each veteran authorized care under this contract with provision of an alcohol and drug free environment, providing an introduction to all available recovery-based programs, supportive social activities, and individual counseling as required to facilitate overcoming resistance to engagement in Department of Veteran Affairs (DVA) treatment or rehabilitative services. It is further understood that beneficiaries receiving services under this contract shall be provided access to basic health and hygiene maintenance opportunity, monitoring of medication compliance, appliances and materials for laundry needs and any other service or supplies without additional charge.

1.2 The contractor shall provide housing and supportive services free from religious discrimination.

1.3 The contractor shall provide each Veteran appropriate space and security for themselves and their belongings.

1.4 The per diem rate established will be an all-inclusive rate. The contractor shall have the capability to house a minimum of 10 patients from the date of contract award and shall within 120 days of contract award have the capability to house a maximum of 18 patients.

2. 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.

3. OBJECTIVES

Unless specifically included in this contract, the monthly rate established will 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 IDC 5-year ordering period. 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 ordering periods and business areas will be authorized and/or funded on an individual basis.

4. REQUIREMENTS

4.1 Referrals to the facility for service will be developed from the Department of Veterans Affairs, OBVAMC Substance Use Disorder Services Program.

4.2 DIETETIC SERVICES

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

4.2.1. At least three (3) nutritious meals or their equivalent shall be served daily at regular times with not more than a 14-hour span between evening meal and breakfast of the following day. Between-meal or bedtime snacks of nourishing quality shall be offered.

4.2.2. There shall be evidence that food is prepared, served and stored under sanitary conditions.

4.2.3. Sanitary procedures shall be established and maintained for washing dishes, cleaning equipment and work areas, and for proper waste disposal.

4.3 TRANSPORTATION: Transportation will be provided to daily meetings (7 days per week).

4.4 One level of care for VA beneficiaries will be provided. That will include:

4.4.1. Alcohol and/or drug dependence treatment including introduction to Alcoholic Anonymous (AA), Narcotics Anonymous (NA), Celebrate Recovery (CR), AA Intergroup monthly, and other programs related to rehabilitation services, i.e., Vocational, recreational, and supportive personal care.

4.4.2. Individual adjustment service including social, diversional, recreational and spiritual opportunities.

4.4.3. Full attention shall be given to motivating and educating patients to achieve and maintain independence in all activates of daily living and self-care.

4.5. MEDICATIONS:

4.5.1. Medications shall not be accessed by patient without a staff member present. Medication cabinet and door to medication room shall be secured at all times. Patient self-administration of medication shall be supervised with the supervisor maintaining written records of medications taken by patients. Any refusal of medication will be reported during daily morning report to SUDS staff.

4.5.2. Medications and narcotics shall be locked up, stored and controlled properly, and proper issuance upon orders from physician, shall be provided for and recorded. Contractor will maintain medication log with both patient and staff signature to ensure patient is receiving/offered medication.

4.6. It is agreed that the transitional house will notify the authorizing VA Medical Center immediately when a medical emergency requiring hospitalization occurs. It is agreed that the transitional house will attempt to encourage emergency transport personnel to transport veteran patients to an appropriate VA facility when possible. When such admission to the authorizing facility is not feasible because of the nature of the emergency, it is agreed that hospitalization at a non-federal hospital may be accomplished provided VA authorization is obtained or notification is furnished to the VA within 72 hours after admission. If medical care or hospitalization of a non-emergency nature is required, it is agreed that prompt transportation to a VA Medical Center will be provided by the transitional house.

4.7. The Contractor shall notify SUDS Program Coordinator or designee of absences from the facility. Absences in excess of forty-eight (48) hours shall not be reimbursable without prior approval by the SUDS Program Coordinator.

4.8. 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.

4.9. 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.

5. SPECIALIZED MEDICAL RESOURCES PROVIDED TO VA MEDICAL CENTER

5.1 The Contractor agrees with the terms and conditions stated herein, to furnish residential treatment services to eligible veterans of the Department of Veterans Affairs, Overton Brooks VA Medical Center and provide services specified and at the prices specified in the Price/Cost Schedule.

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

5.3. Other necessary personnel for the operation of the services contracted for by the OBVAMC 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.

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

5.5. 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.

5.6. Term of Contract: This contract will go from “date of award” for five (5) twelve-month ordering periods each, not to exceed 5-year ordering period. The Government may extend the term of this contract by written notice to the contractor.

5.7. 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.

5.8 It is expressly understood by OBVAMC 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.

5.9. 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.

5.10. 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 OBVAMC 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.

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

5.12. 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.

5.13. 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 OBVAMC to perform background checks. The Contractor further understands and agrees that OBVAMC 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.

5.14. The OBVAMC 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 OBVAMC be responsible for payment of services received.

5.15. The Contractor agrees, in accordance with the terms and conditions stated herein, to furnish to the Department of Veteran Affairs, Overton Brooks VAMC, 510 East Stoner Avenue, Shreveport, LA, the services specified and at the prices specified in the Price Schedule of Contract.

6. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES

6.1. 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 SOW.

6.2. 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.

As minimum, there must be a full-time administrative staff member or his staff designee on duty on the premises or residing at the house and available for emergencies 24 hours a day, 7 days per week.

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

6.4. 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).

6.5. FACILITY

6.5.1. 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:

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

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

6.5.1.3. Be licensed under State or local authority.

6.5.1.4 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.

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

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

6.5.2. FACILITY STANDARDS: The Contractor facility must meet fire safety requirements, as follows:

6.5.2.1. 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.

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

6.5.2.3. 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.

6.5.2.4. A written policy regarding tobacco smoking in the facility shall be established and enforced for the community living facility. Signage must be visibly posted as to whether the facility is smoke-free and/or designated smoking areas.

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

6.5.2.6. 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.

6.5.2.7. 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.

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

6.5.3.1. CONTRACT HOUSING/ INSPECTION REQUIREMENTS ARE:

1) Access/Availability: An adequate number of slots shall be available in a ready state to accommodate planned admissions.

2) Quality Care: Facility shall meet relevant accreditation standards of Joint Commission (JA).

3) Patient Safety: All patient safety incidents shall be reported to the SUDS Program Coordinator 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 the SUDS Program Coordinator. Updates, findings, and status reports shall be provided at least monthly.

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

6.5.4 Changes to Contract

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

7. 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.

8. REFERRALS

The VA is responsible for determining eligibility of Veterans prior to referral to the Contractor for treatment. The SUDS Program 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 beneficiary may be provided transitional housing services at the expense of the Department of Veterans Affairs for a period not in excess of that stated in the length of treatment contracted, unless an extension of the authorization is provided in writing by the appropriate Department of Veterans Affairs station.

Absences of patients from transitional housing facilities due to hospitalization or a personal emergency in excess of 48 hours shall not be reimbursable except with the prior written approval of the Substance Use Disorder Services Program Coordinator.

9. FACILITY INSPECTION

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

9.1.1. CONTRACT HOUSING/ INSPECTION REQUIREMENTS ARE:

1) It is agreed that the Department of Veterans affairs shall have the right to inspect the transitional house and all appurtenances by an authorized representative(s) designated by the Department of Veterans Affairs, to determine whether acceptable standards are maintained and that adequate services are being rendered.

2) The transitional house warrants that all applicable fire laws are complied with and that there are no outstanding recommendations of fire officials which have not been resolved. It is agreed that the Department of Veterans affairs shall have the right to inspection of the transitional house and all appurtenances by an authorized representative(s) designated by the Department of Veterans Affairs, to determine whether acceptable safety standards are maintained.

10. HHS/OIG

10.1. 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.

10.2. 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.

11. 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.

12. RECORD KEEPING

12.1 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.

12.2 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.

13. 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.

14. GOVERNMENT EVALUATION

14.1. The Government shall evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). 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).

14.2. The Contracting Officers Representative (COR) shall provide quarterly monitoring of such items as quality of service, timeliness of performance, customer service, cost control, and business relations supporting documentation. The COR will provide vendor with feedback regards problems with quality or performance as monitoring indicates is appropriate.

15. SCHEDULE--SUPPLIES OR SERVICES

Transitional housing services, including transportation, meals, room and board, for outpatient detoxification and rehabilitation patients in accordance with statement of work and all terms, conditions, and provisions of this contract. Payments will be made bi-weekly, every two weeks, in arrears upon receipt of a proper invoice at the office designated to receive the invoice. The daily rate (cost of patient per day) is an all-inclusive rate and no other payment will be made for services provided. The number of patient days is an estimate of the number of Overton Brooks VA Medical Center’s patients’ times the number of days each patient will be in the contractor’s facility. This is not a guaranteed number and the contractor will be paid for only the actual number of patients receiving service up to the amount of contract funding.

16. 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 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.

17. 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:

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

(END OF STATEMENT OF WORK)

SECTION C - CONTRACT CLAUSES

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

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The…