36C25718Q0120-001.docx

36C25718Q0120

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

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 X

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

504-18-3-812-0028

VA257-17-AP-7448

36C25718Q0120 03-0 -2018 Carlos Jaquez 915-217-1249 03-23-2018

5:00 PM ET

36C257 Department of Veterans Affairs SAO West NCO 17 Medical Sharing Branch II 11495 Turner Road El Paso TX 79936-1372 Carlos Jaquez, Contract Specialist carlos.jaquez@va.gov X X 623220 $15 Million X N/A X 36C504 Department of Veterans Affairs Amarillo VA Health Care System Medical Service - Cardiology 6010 Amarillo Blvd West Amarillo TX 79106-1991 36C257 Same as Block # 9

None Financial Services Center (FSC) Department of Veterans Affairs

IAW VAAR 852.232-72

P.O. Box 149971 Austin TX 78714-8971 See CONTINUATION Page The Department of Veteran Affairs (VA), Amarillo VA Health Care System (AVAHCS) located in Amarillo, Texas requires Contractors to provide supervised housing and coordinated case management services as a residential component of its Substance Use Disorders Treatment Program (SUDTP) Intensive Outpatient Services (IOP).

Authority: Title 38 USC 8153 and VAAR Part 873 Procedures: FAR Part 13.5 All services provided shall be in accordance with the Schedule of Services (pp 5 - 7) and Performance Work Statement (pp 8 – 27) See FAR 52.212-1 for submittal instructions Only VA verified VOSBs in the VIP database at the time of submission of offer will be considered for award and non-VIP firms will be considered non-responsive and ineligible for award. http://www.vip.vetbiz.gov See CONTINUATION Page X xx X Marisela Galarza Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.1.A. Contract Administration: The Contractor shall contact the Contracting Officer on all matters pertaining to administration. Only the Contracting Officer is authorized to make commitments or issue changes that will affect the price, quantity or delivery terms of the contract. The following individuals will handle all contract administration matters:

Format of Quote: Offeror’s should review this entire solicitation before submitting a quote to ensure that their quotes meet all requirements.

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

4. INVOICES: Invoices shall be submitted in arrears:

5. 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.

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

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

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

This solicitation includes VAAR 852.219-11 VA Notice of Total Veteran-Owned Small Business Set-Aside (JUL 2016). Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by VA to assist in assessing the contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to contractor's offices where the contractor's business records or other proprietary data are retained and to review such business records regarding the contractor's compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

B.3 SCHEDULE OF SERVICES

The awarded contract will be a fixed price, indefinite delivery indefinite quantity (IDIQ) contract. Whenever an order is requested the Contracting Officer will execute a bilateral task order against this IDIQ contract.

Quantities on the Schedule of Services are the yearly projected amounts for each contract line item. These projected quantities are for bidding purposes only. Unit prices for the contract line item numbers (CLINs) on the Schedule of Services are fixed prices. These fixed prices will govern regardless of quantities ordered under any subsequent task order(s).

“Grand Total Projected Price” will be used only for the purpose of determining the lowest price offeror.

The guaranteed minimum contract amount, is $100.00 and the maximum contract amount, including the base year and any option years exercised, shall not exceed $3,500,000.00. The Government does not guarantee that it will place any orders under this contract in excess of the guaranteed minimum award amount.

* As part of price evaluation, the Government will evaluate its option to extend services (see FAR Clause 52.217-8). The evaluation will assume that the prices for any option exercised under FAR 52.217-8 will be at the same rates as those in effect under the contract at the time the option is exercised. The evaluation will therefore assume that the addition of the price or prices of any possible extension or extensions under FAR 52.217-8 to the total price for the basic requirement and the total price for the priced options has the same effect on the total price of all quotes relative to each other, and will not affect the ranking of quotes based on price, unless, after reviewing the quotes, the Government determines that there is a basis for finding otherwise. This evaluation will not obligate the Government to exercise any option under FAR 52.217-8.

Beds: 20 beds

Estimated quantity (365 Days X 20 Beds = 7,300 Days) Contract Period: Base POP Begin: 05-01-2018 POP End: 04-30-2019

Beds: 20 beds

Estimated quantity (365 Days X 20 Beds = 7,300 Days) Contract Period: Option 1 POP Begin: 05-01-2019 POP End: 04-30-2020

Beds: 20 beds

Estimated quantity (365 Days X 20 Beds = 7,300 Days) Contract Period: Option 2 POP Begin: 05-01-2020 POP End: 04-30-2021

Beds: 20 beds

Estimated quantity (365 Days X 20 Beds = 7,300 Days) Contract Period: Option 3 POP Begin: 05-01-2021 POP End: 04-30-2022

Beds: 20 beds

Estimated quantity (365 Days X 20 Beds = 7,300 Days) Contract Period: Option 4 POP Begin: 05-01-2022 POP End: 04-30-2023

ESTIMATED

GRAND TOTAL

B.4 PERFORMANCE WORK STATEMENT

SUBSTANCE USE DISORDERS TREATMENT PROGRAM (SUDTP)

INTENSIVE OUT PATIENT BEDS (IOP) MALES

PURPOSE

The Department of Veteran Affairs (VA), Amarillo VA Health Care System (AVAHCS) located in Amarillo, Texas requires Contractors to provide supervised housing and coordinated case management services as a residential component of its Substance Use Disorders Treatment Program (SUDTP) Intensive Outpatient Services (IOP). The goal of the IOP is to provide a community-based, residential therapeutic community environment with sufficient supportive services to meet the needs of those Veterans receiving IOP substance use treatment at the AVAHCS.

A. BACKGROUND

The VA has established SUD treatment programs designed to provide comprehensive substance use treatment and rehabilitative services that improve the quality of life in a therapeutic community setting and prepare Veterans for independent living in the community of their choice. Such Veterans do not require hospital level care, but require a level of care that is provided in a community residential care facility. The VA staff shall provide clinical care, treatment and services at the AVAHCS campus. The Contractor shall provide a 20-bed freestanding facility or complex of facilities that provide a domicile environment, that promotes community integration, has a comfortable home-like feel and presentation, supportive residential staff, and personal and/or protective care for Veterans with substance use disorders. Contractor residential staff shall be expected to communicate information pertinent to Veteran’s treatment to the SUDTP clinical staff. The Contractor shall provide case management, supervision and supportive services in collaboration with SUDTP staff.

1. Admission Criteria for Placement in Intensive Out Patient

a. SUDTP housing coordinator or designated clinical staff shall determine Veteran‘s eligibility for admission to IOP residential placement.

b. IOP patients are required to attend psychosocial interventions with therapeutic activities 3 or more hours per day, 5 days a week at a minimum at AVAHCS campus.

c. VA program staff shall evaluate the Veteran’s progress towards rehabilitation goals.

d. All Veterans placed in housing shall be capable of self-preservation. In an emergency, the Veteran shall have sufficient:

i. Capacity to recognize physical danger;

ii. Judgment to recognize when such danger requires immediate exit from the group residence;

iii. Capacity to follow a prescribed route of exit.

iv. Physical mobility to accomplish such exit.

e. Veterans cannot be a danger to self or others.

f. Veterans shall be capable of independently performing all activities of daily living (i.e. bathing, dressing, feeding one’s self, managing any incontinence issues, etc.)

g. Veterans shall be medically stable and medically cleared by a medical provider.

h. Veterans shall be able to manage and self-administer prescribed medications.

i. Veterans shall be on voluntary treatment agreement.

j. Veterans cannot possess firearms or any other weapons on Contractor facility property.

k. Veterans shall also be willing to abide by the rules of the contract agency, including observing curfews, participating in drug testing; attending VA required mandatory group meetings, and refraining from drug and alcohol use. Such rules need to be approved by the Program Manager of the VA Substance Use Disorder Treatment Program (SUDTP).

l. Veterans shall be willing to work toward resolving substance use issues and engaging in clinically appropriate substance use and mental health treatment.

m. Veteran’s placement shall be a minimum of 90 days as clinically indicated and determined by SUDTP clinical staff.

B. SERVICES TO BE PROVIDED

BASIC SERVICES

The Contractor shall provide and maintain a clean, safe, secure, aesthetically pleasing, and home-like environment. The Contractor shall provide the following services:

1. Therapeutic and Rehabilitative Environment of Care:

a. A freestanding facility or complex of facilities that provides a domicile environment capable of housing up to 20 Veterans. The facility shall meet all applicable Federal, State, and local licensing and other requirements noted below for the operation of a facility in that/those location/s. Other facility requirements include but are not limited to compliance with the American Disabilities Act, referred to as architectural barriers act compliant.

b. Facility/ies that comply with VA and accrediting bodies' environment of care standards (Joint Commission, Commission on Accreditation of Rehabilitation Facilities, and Mathemateca) including but not limited to:

i. Life Safety Codes (LSC)

ii. space criteria

iii. safety

iv. security

v. privacy

vi. emergency planning preparedness

c. Environment of care shall be maintained in a clean and appropriately-furnished condition with timely repairs and regular maintenance.

d. A milieu that will promote community interaction and a comfortable home-like environment.

e. An environment designed to promote an individual sense of well-being, optimism, and social integration with the surrounding community (as opposed to a hospital or dormitory-like dwelling). NOTE: In the design and decoration of the space, a priority needs to be placed on promoting a sense of hope and belief in recovery.

f. Appropriate space for Veterans to visit with significant others, family, and children at designated times.

g. Controlled telephone access with ability to make local telephone calls.

h. Provide each individual Veteran a locked cabinet, drawer, locker, or other acceptable secured means accessible only to the Veteran and/or qualified Contractor staff. Keys or codes shall be unique to each Veteran’s locked area.

i. Provide food/meals/snacks 7 days a week, with kitchen facilities for the Veterans to prepare their own meals. Such food/meals shall be healthy and meet the nutritional needs of the Veterans to enhance their recovery.

j. Include a facility recreational area and leisure activities (e.g.: ping pong table)

k. Weekly recreational outings to include weekends and Holidays

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

m. Veterans shall be housed with no more than two per room. The Contractor shall provide beds with mattresses (not bunk beds) and sanitary mattress covers for the Veteran’s use; plus, one nightstand/table in each room. Space shall be provided for Veteran to hang clothes either in fixed or portable closet areas in each room.

n. Linens/bedding to be provided by Contractor. For every new admission, a new unused pillow, linen set, and towel set will be provided. Each bedding set should include a fitted bottom sheet, top sheet, pillow case and blanket, to provide optimal comfort with fluctuating temperatures. Each towel set should include two bath towels, two hand towels, and two washcloths. Upon exit from the program these items will go with the Veteran. Used and/or tattered linens are not acceptable.

o. On-site, adequate laundry facilities (including detergents) available for Veterans to do their own laundry, at no cost to the Veteran.

p. Basic toiletries such as soap, shampoo, deodorant, shaving cream, razor, comb, toothbrush, toothpaste, toilet paper, iron and ironing board shall be provided not cost to the Veteran.

q. A television with basic cable or satellite TV service in each facility that houses Veterans.

r. The Contractor shall provide housing and supportive services in a manner that is free from religious discrimination.

s. Other services provided by Contractor include, but are not limited to:

i. Facility maintenance (including exterior maintenance), to include routine cleanings in carpeted areas. Cleanings shall be comparable to professional services, spills and /or stains should be cleaned in a timely manner.

ii. Contractor shall launder blankets and pillows for each bed after veteran is discharged from program. Cleaning supplies shall be provided by Contractor.

iii. Refuse pickup

iv. Pest control, to include professional extermination on a regular maintenance schedule

(a) If any pest is found in the patient area by the Veterans, Contractor staff, or VA staff, the Contractor shall provide licensed and certified professional pest control service within 24 hours of report. Upon completion of the pest control service by a certified professional the results shall be submitted to the VA.

v. Utilities

vi. Telephone/data connections

vii. Fire alarm/fire protection

2. Contractor / Contractor staff shall further:

a. Provide staffing on a 24-hour, 7 days per week basis to supervise Veterans. (Please refer to Section C, Part 9, in this document for further staffing information.)

b. Provide a safe and sober environment for all Veterans.

c. Supervise Veterans to support a safe an alcohol/drug use-free lifestyle.

d. Follow the principles of Veteran Centered Care including but not limited to:

i. Enhance the quality of human interactions and therapeutic alliances by treating and talking to Veterans with respect and dignity, and to promote Veteran centered recovery plan.

ii. Solicit and respect the Veteran’s values, preferences, and needs.

iii. Empower the Veteran through information and education, by providing weekly or bi-weekly educational offerings throughout the community.

iv. Ensure emotional and spiritual support.

v. Incorporate the nutritional, cultural, and nurturing aspects of food.

e. Provide appropriate safety and security in all common areas, such as lounges, laundry rooms, shared kitchens, group rooms, entrances and exits, and hallways, through active monitoring. Monitoring may be done by frequent security staff observation.

f. Communicate information pertinent to Veteran’s wellbeing to SUDTP clinical staff.

g. The SUDTP housing coordinator or designated staff should be notified immediately when a Veteran chooses to leave SUDTP IOP, during after hours, a notification voicemail will suffice.

h. Conduct at least one formal safety, security, and privacy self-inspection each month documenting observations and corrective actions taken (including work orders submitted). Maintain records for monthly inspections and provide records to VA upon request.

i. Conduct daily and random health and welfare inspections of both public areas and resident rooms for any contraband and unsecured medications. Maintain records for daily inspections and provide records to VA upon request. All contraband and unsecured medications found shall be documented, immediately placed in secured storage, and reported to the SUDTP housing coordinator or designated clinical staff. Maintain records and provide records to VA upon request.

j. Inspect Veteran’s belongings for contraband upon admission into the facility, as well as random inspections of all Veteran rooms, closets, lockers, and drawers each week to detect contraband. Maintain and provide records to VA upon request.

k. Conduct rounds to ensure the safety and security of Veterans, staff, and visitors. Staff shall conduct daily rounds of all public spaces, such as hallways, dayrooms, group rooms, stairwells, community bathrooms. Maintain and provide records to VA upon request.

l. Check beds at approximately 10:00 PM and 6:00 AM. Veterans are expected to follow daily curfew of 10:00 PM Sunday through Thursday and 11:00 PM on Friday and Saturday. These checks shall coincide with the daily procedures used to verify the physical presence of each Veteran. Additional bed checks or change of daily curfew may be requested by SUDTP program coordinator or designated person. These checks may take place on any shift, including night time bedroom checks.

m. Develop written procedures for intake and admission to Contractor facility including but not limited to orientation of facility, review of program rules/regulations, provide contact information of assigned case manager and/or designee available 24 hours, 7 days a week.

n. New orientation packet will be provided to each new admission. Each packet shall include an updated handbook and/or information packet with emergency procedures and contacts.

o. Conduct health and welfare inspections of the Veteran’s belongings at admission.

p. Develop written procedures consistent with local, federal and state laws for detecting contraband brought on the unit/residence. Procedures shall be approved by SUDTP housing coordinator.

q. Develop written policies and procedures that address the following concerns and situations, procedures shall be approved by SUDTP housing coordinator or designee:

i. Suspected or known drug or alcohol use or relapse by one or more Veterans.

ii. On-site contraband, weapons (including props or souvenirs that appear to be weapons), drug or alcohol related paraphernalia (i.e., found alcohol, drugs, drug “works”, etc.).

iii. Safe prescription medication storage and handling, including specific provisions for prescribed controlled substances.

iv. Safe prescription medication access, including specific provisions for safe disposal of medications and syringes.

v. Assertive monitoring of controlled medications, including but not limited to: signing in medications after receipt from pharmacy with an observed pill count by Contractor staff; staff observation and recording of taking of controlled substances and other medications by Veterans. Medications must be maintained in a locked and secure area.

vi. Room inspections, daily curfew and daily bed checks of Veterans residing in the program, including methods and frequency.

vii. Grievance process to address Veteran complaints with time frames for responses from the Contractors program/facility management

viii. Veteran abandonment of belongings in the facility, including time frames and procedures for disposal

ix. Process to elicit Veteran satisfaction with the facility and onsite services, including information collection methods and frequency, and process for utilizing the information for continual performance improvement purposes.

r. These policies and procedures shall be communicated to Veterans both verbally and in writing in a manner that is understandable to them upon admission to the Contractor facility. This communication shall be documented in the Contractors Veteran client record.

s. Develop a written case management and/or service plan based on Veteran’s identified needs to achieve a more adaptive level of psychosocial functioning and promote community integration including utilization of community resources.

t. Provide education and assistance to develop recovery based living patterns such as but not limited to: self-care skills, self-administration of medication(s), social skills, independent living skills, budgeting and finances, and linkages to outside resources and supportive services.

u. Meet with Veterans weekly to follow up on Veteran’s progress and identify any concerns/needs that need to be addressed. Maintain records of weekly meetings and provide records to the VA upon request.

v. In the event a Veteran relapses on alcohol or drugs, Veteran’s case is to be staffed with SUDTP housing coordinator or designated clinical staff to determine Veteran’s continued placement at the Contractor facility. Determinations are to be made on a case-by-case basis and based on Veteran’s individual recovery needs.

w. Notify SUDTP housing coordinator or designated clinical staff of any negative incident occurring with a Veteran within 24 hours of being informed or aware of the incident, if not sooner. Contractor shall complete a written incident report within 48 hours of notification. Incidents include but are not limited to: death; fire; drug / police raid; suicide / suicide attempt; 911 call (police / fire dept. / paramedics / other); drug overdose; severe medical illness / emergency; severe psychiatric illness / emergency; sexual assault; act of violence by Veteran against other(s); abusive behavior by Veteran against staff; act of violence by other(s) against Veteran; abusive behavior by staff against Veteran; accident; medication problems or adverse drug reactions; or other untoward events.

x. Sufficiently document all negative incidents including but not limited to:

i. Staff name

ii. Date

iii. Time

iv. Findings

v. Outcome

vi. Veteran name and social security number when indicated

vii. VA staff notified when indicated Such documentation shall be maintained as required in Section C, Parts 3, 5, and 6-8; and be made available to VA inspection teams or staff when requested.

C. ADDITIONAL CONTRACT REQUIREMENTS

1. Additional Guidelines:

a. Unauthorized absences shall be reported immediately to the SUDTP housing coordinator or designated clinical staff, during after hours, a notification voicemail will suffice. Unauthorized absences from the Contractor facility may result in Veteran‘s discharged by the SUDTP staff.

b. Authorized absences from the Contractor facility shall be approved by the SUDTP housing coordinator or designated clinical staff.

c. Programming conflict: In the event of a conflict in VA program or facility guidelines, VA program takes precedence.

d. All Contractor staff who works with SUDTP IOP Veterans shall be trained in basic First Aid and Cardiopulmonary Resuscitation (CPR) not less than once every two years. First Aid training shall meet or exceed basic First Aid Standards set by the American Red Cross. CPR training shall meet or exceed BLS/AED standards set by the American Heart Association. This training shall be paid for by the Contractor.

e. Contractor staff shall be required to complete other VA mandated training as directed. VA shall be responsible to provide this additional training that is most often be offered at AVAHCS. Contractor shall not be required to pay for this training. The VA will not reimburse Contractor for Contractor employee time, travel, or food. Contractor shall be required to ensure all Contractor staff who work with SUDTP IOP Veterans receives this training as directed. Other required trainings shall include motivational interviewing and communication/interpersonal skills.

f. Contractor staff shall notify the SUDTP housing coordinator or designated clinical staff immediately when a medical emergency occurs, during after hours, a notification voicemail will suffice. When necessary the Veteran is to be admitted to an appropriate VA facility. When such admission is not feasible because of the nature of the emergency, hospitalization in a non-Federal hospital may be accomplished provided VA authorization is obtained in advance. If hospitalization of a non-emergency nature is required that admission to the VA hospital will be accomplished promptly.

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

h. The AVAHCS shall process payments for services rendered in accordance with such authorization upon receipt of billings submitted by the Contractor at the completion of each month’s services. The AVAHCS shall pay per diem for the day of a patient’s admission to the Contractor Program or the day of the Veteran’s discharge, but not both. If a beneficiary is admitted to and discharged from the housing center on the same calendar day, payments are authorized for one day.

i. Invoice requirements and supporting documentation: Supporting documentation and invoice must be submitted no later than the 20th workday of the month. Subsequent changes or corrections shall be submitted by separate invoice. In addition to information required for submission of a “proper” invoice in accordance with FAR 52.212-4 (g), all invoices must include:

i. Name and Address of Contractor

ii. Invoice Date and Invoice Number

iii. Contract Number and Task Order Number

iv. Month of Service

v. Veteran Names

vi. Last Four of Veteran’s Social Security Numbers

vii. Bed Days for each Veteran

viii. Bed Day Rate

ix. Total Bed Days for the Month

x. Total Price

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

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

2. Records and Reports:

The Contractor shall maintain an individual clinical record on each Veteran outplaced under this contract. The Contractor shall comply with the requirements of the "Confidentiality of Certain Medical Records" (38 USC 4132), and the "Confidentiality of Alcohol and Drug Abuse Patients' Records" (42 CFR, Part 11) when appropriate, and shall be part of the contract. All case records shall be maintained with such security and confidentiality as required, and shall be made available on a needtoknow basis to appropriate VA staff members involved with the treatment program of the Veterans concerned. The Contractor is subject to annual security inspections by the VA Security department. In addition to reasons for referral, the clinical records maintained by the Contractor facilities include:

a. Relevant Releases of Information to communicate and coordinate Veterans’ treatment with VA and other community based service providers.

b. All essential identifying data relevant to the Veteran and the Veteran’s family, in case of emergency, next of kin should be identified.

c. Data relating to the Veteran’s admission to SUDTP IOP including intake assessment(s) and anticipated length of stay provided by SUDTP housing coordinator or designated clinical staff.

d. Written case management plan and client progress notes.

The Contractor shall be responsible for the following onsite records and reports:

e. Daily sign-in sheets signed by program Veterans and/or Contractor staff, to document and verify Veterans’ presence at the facility during curfew and bed checks. Daily sign-in sheets shall be completed clearly, accurately and thoroughly with full signatures and monitored to provide a full accounting of Veterans’ stay. Maintain daily sign-in sheets and provide records to VA upon request.

3. Transportation:

The Contractor shall provide Veterans with transportation to and from AVAHCS, Monday through Friday on day of admission, day of discharge and for daily SUDTP IOP programming. The Contractor shall provide transportation for Veterans in need of and urgent medical evaluation that does not require medical emergency services such as 911 call/paramedic services. The Contractor shall provide transportation, including supervision as needed, to community resources such as but not limited to recreation and/or social events, grocery shopping, AA/NA and SMART Recovery community meetings to support recovery efforts.

4. Quality Improvement:

a. The VA will conduct utilization review audits.

b. Contractor shall meet quality of patient care standards as specified by the VA.

c. Contractor shall ensure confidentiality of patient record information as stipulated in Section C, Parts 3, 5, and 6-8; and provide complete and accurate financial invoices for contracted services.

d. The comprehensive program monitoring and evaluation study mandated by law shall draw part of its data from the Contractor housing settings.

e. The Contractor shall conduct a resident Veteran satisfaction survey each month. The VA shall use the Veteran satisfaction survey to evaluate Contractor performance.

f. The VA shall conduct performance audits.

5. Governing Law:

This contract shall be governed, construed and enforced in accordance with applicable Federal, State and Local Law.

6. Order of Precedence:

The terms, conditions, and attachments referenced herein, including any formal written modifications thereto, constitute the complete agreement between the parties and take precedence over any other language, oral or written.

7. HIPAA Compliance:

Contractor shall adhere to the provisions of Public Law 104-191, Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the National Standards to protect the privacy and Security of Protected Health Information (PHI). This contract and its requirements meet the following exception and does not require a Business Associate Agreement (BAA) for Covered Entity to disclose protected Health Information to: An organization (Specialty Care Facility Provider) whose access to Protected Health Information would be incidental, if at all; Based on the exception, a Business Associate Agreement (BAA) is not required for this contract.

a. All Contractor staff of the Contractor providing services under this contract shall complete the VA’s HIPAA Training course or provide acceptable evidence that acceptable training has been provided.

8. Security Incident Investigation:

a. The term “security incident” means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The Contractor shall immediately notify the COR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the Contractor has access.

b. To the extent known by the Contractor, the Contractor’s notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the Contractor considers relevant.

c. With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate shall notify the covered entity of the breach.

d. In instances of theft or break-in or other criminal activity, the Contractor shall concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA Office of Inspector General (OIG) and Security and Law Enforcement. The Contractor, its employees, and its subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The Contractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident.

9. Liquidated Damages for Data Breach:

a. Consistent with the requirements of 38 U.S.C. §5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages ($37.50 each) in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract. However, it is the policy of VA to forego collection of liquidated damages in the event the contractor provides payment of actual damages in an amount determined to be adequate by the agency.

b. The Contractor/subcontractor shall provide notice to VA of a “security incident” as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination.

c. Each risk analysis shall address all relevant information concerning the data breach, including the following:

i. Nature of the event (loss, theft, unauthorized access);

ii. Description of the event, including: date of occurrence; data elements involved, including any personal information, such as full name, social security number, date of birth, home address, account number, disability code;

iii. Number of individuals affected or potentially affected;

iv. Names of individuals or groups affected or potentially affected;

v. Ease of logical data access to the lost, stolen or improperly accessed data in light of the degree of protection for the data, e.g., unencrypted, plain text;

vi. Amount of time the data has been out of VA control;

vii. The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons);

viii. Known misuses of data containing sensitive personal information, if any;

ix. Assessment of the potential harm to the affected individuals;

x. Complete data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents (see http://www1.va.gov/vapubs/viewPublication.asp?Pub_ID=406&FType=2);

xi. Whether credit protection services may assist record subjects in avoiding or mitigating the results of identity theft based on the sensitive personal information that may have been compromised.

d. Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the VA liquidated damages in the amount of the actual costs incurred per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following:

i. Notification;

ii. One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports;

iii. Data breach analysis;

iv. Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution;

v. One year of identity theft insurance with $20,000.00 coverage at $0 deductible; and

vi. Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs.

10. VA Information Custodial Language:

a. Information made available to the Contractor by VA for the performance or administration of this contract or information developed by the Contractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the Contractor’s rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1).

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

c. Prior to termination or completion of this contract, the Contractor shall not destroy information received from VA, or gathered/created by the Contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a Contractor shall be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the Contractor that the data destruction requirements above have been met shall be sent to the VA Contracting Officer within 30 days of termination of the contract.

d. The Contractor shall receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if National Institute of Standards and Technology (NIST) issues or updates applicable Federal Information Processing Standards (FIPS) or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract.

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

f. If VA determines that the Contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the Contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12.

g. If a VHA contract is terminated for cause, the associated Business Associate Agreements (BAA) shall also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship.

h. The Contractor shall store, transport, or transmit VA sensitive information…