36C25718Q9874-001.docx

36C25718Q9874

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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

674-19-1-645-0002 36C25718Q9874 08-9 -2018 Jennifer L Salerno-Diciuccio 254-899-6023 09-14-2018

4:30 PM CST

Department of Veterans Affairs Veterans Healthcare Administration Network Contracting Office NCO 17 2002 Scott Boulevard Temple TX 76504 x Y 624221 $11 Million X N/A X Department of Veterans Affairs Central Texas Veterans Healthcare System Healthcare For Homeless Veterans Program 1901 South 1st Street Temple TX 76504-7451 Department of Veterans Affairs Veterans Healthcare Administration Network Contracting Office NCO 17 2002 Scott Boulevard Temple TX 76504

This is accomplished through the Tungsten Network located at:

http://www.fsc.va.gov/einvoice.asp This is mandatory and the sole method for submitting invoices.

(877) 353-9791

(512) 460-5540 See CONTINUATION Page

THE VENDOR SHALL PROVIDE TRANSITIONAL HOUSING FOR UP TO

10 VETERANS DAILY WITHIN AUSTIN TX (TRAVIS COUNTY)

PLEASE REFER TO THE STATEMENT OF WORK AND SCHEDULE OF

SERVICES ATTACHED BELOW FOR FURTHER DETAILS

THIS SOLICITATION IS SUBJECT TO MULTIPLE AWARDS

CONTRACTOR WILL HAVE NO LESS THAN FIVE AVAILABLE BEDS DAILY

See CONTINUATION Page X X

JENNIFER L SALERNO-DICIUCCIO

NCO1715L2-0401

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

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.

This is accomplished through the Tungsten Network located at:

http://www.fsc.va.gov/einvoice.asp This is mandatory and the sole method for submitting invoices.

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

B.2 PRICE SCHEDULE

The contractor shall provide to the Department of Veterans Affairs, Central Texas Veterans Healthcare System, Healthcare for Homeless Veterans Program Office, located at the Temple VA Medical Center, transitional housing for up to 10 Veterans within Austin (Travis County), TX catchment area. The contractor shall be able to receive veterans within 10 days of award of this contract.

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

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

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

Minimum Value: (1) one daily rate X (1) one available bed X (1) one day Maximum Value: (1) one daily rate X (10) ten available beds X 365 days This requirement is subject to multiple awards. The vendor will be able to offer no less than five beds daily at the proposed site of residential transitional housing and care.

This requirement is also subject to the Service Contract Act – please review all contract clauses and provisions carefully to understand the requirements of the contractor in providing these services described in the statement of work. Please refer to the attached Wage Determination – if there are job titles/duties not found within the wage determination a SF1444 will need to be filed at time of award to conform those job titles to the wage determination by the Department of Labor.

The Estimated Quantities stated below is based on room and board to accommodate approximately 10 Veterans, 365 days (10 X 365 = 3650).

Base Period: 10/1/2018 – 9/30/19

Option Year One: 10/1/2019 – 9/30/2020

Option Year Two: 10/1/2020 – 9/30/2021

Option Year Three: 10/1/2021 – 9/30/2022

Option Year Four: 10/1/2022 – 9/30/2023

Estimated Total for Base and All Option Years: $_______________________________

Page 1 of Page 1 of

B.3 STATEMENT OF WORK

1. GENERAL RESPONSIBILITIES. Contractor shall provide residential treatment services for up to 10 Veterans who are homeless within the city limits of Austin, TX. Services will be furnished to Veterans who are homeless and for whom such care is specifically authorized by the VA. Veterans may have specific mental health issues, some may also be mobility impaired, and some medically frail. It is understood that the Veterans (referred to hereafter as Veteran residents) to be cared for under this contract will require care and services above the level of room and board. The Contractor is expected to provide rapid, often times same-day, residential placement that enhances the stability of Veterans served by HCHV. Absences of any Veteran resident from the facility in excess of forty-eight (48) hours will not be reimbursable except with the prior approval of the designated Contracting Officer’s Representative (COR). Negative drug screens will not be a requirement for admission. Basic services provided will include, but not be limited to:

a. Case Management Services. Contractor shall have a Case Manager dedicated to Veteran residents on-site at least 40 hours per week. The Contract Case Manager shall be licensed by the state Texas and shall be responsible for the in-take assessment of Veteran residents once referred by the CTVHCS HCHV staff. Additionally, the Case Manager shall provide the following:

(1) Individual counseling with a focus on areas including but not limited to self-care skills, adaptive coping, education of the process of illness and recovery, social skills enhancement, and vocational rehabilitation as appropriate.

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

(3) Scheduled visits with each Veteran resident and open office hours to discuss progress towards long term goals established at in-take.

(4) Discharge planning, after consultation with the HCHV staff, to appropriate follow-on housing including assistance with referrals and applications.

(5) Linkage to community or VA resources as needed.

b. Supportive Services. The Contractor shall provide the following supportive services:

(1) Required social services, in collaboration with VA staff and/or other community resources such as assistance in obtaining a Texas state ID, a DD Form 214, or completing applications for public assistance/ services.

(2) Opportunities to participate in spiritual worship.

(3) Employment access and retention support through training, collaboration and practical resources.

d. Residential Room and Board. The Contractor is required to provide sufficient facilities to accommodate 15 Veteran residents. All Veteran residents shall be provided:

(1) Clean and sanitary housing.

(2) One single bed per occupant with fitted sheets, blankets and pillows.

(3) Storage space with locking capability for clothing and personal property.

(4) Toiletries and bath linens (e.g. soap, toothbrush, toothpaste, towels, washcloths).

(5) Indoor recreation/lounging areas.

(6) Access to a computer with internet and a printer.

e. Laundry. Laundry facilities and laundry detergent shall be provided for Veteran residents to do their own laundry or to have laundry done.

f. Referral Process.

(1) The HCHV case manager shall identify and refer Veteran residents to the Contractor.

(2) Veteran residents shall receive a clinical assessment by the VA before being referred to the Contractor. In addition, a negative TB screen within the last 6 months will be required prior to referral.

(3) The Contractor shall record the date and time of admission in the Veteran resident’s file and include that information on the first monthly invoice.

(4) VA arranged admissions of Veterans shall not include treatment and/or residence of Veterans beyond 90 calendar days, unless the HCHV case manager has specifically provided a stay/treatment authorization.

g. Records and Reports. An individual client record will be maintained on each Veteran resident referred, including reasons for referral and documentation of Veterans’ progress within the program. This shall also include sign-in sheets whenever possible. When requested, the Contractor shall provide to the VA:

(1) All essential identifying data relevant to the Veteran resident including a socio-cultural assessment.

(2) The intake assessment and continuing care plan developed with the consultation of the Veteran resident and HCHV staff.

(3) Reports of any major incidents involving Veteran residents (e.g. arrest, relapse, fighting) immediately after occurrence, via telephone. A written incident report shall be provided by the Contractor to the HCHV case manager within 24 hours of the incident.

(4) Reports of periodic re-evaluation by program staff to include any measures of movement toward rehabilitation goals, with particular focus on the attainment of self-help skills.

(5) Notification to the COR within 24 hours of discharge.

(6) Discharge summaries on each Veteran resident who leaves the program, to include reason for leaving, the Veteran resident’s future plans, and follow-up locator information, shall be provided to the HCHV Liaison via fax, phone, or in-person as needed.

(7) VA personnel shall be provided access to veteran records in the Contractor’s facility regarding a Veteran resident’s care under this contract.

h. Dietetic Services. Contractor shall have on-site kitchen facilities permitted and licensed by the State of Texas Health Division. In addition, the Contractor shall:

(1) Provide at least three (3) nutritious meals 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 a nourishing quality shall be offered.

(2) Serve food that is prepared and stored under safe and sanitary conditions as prescribed by the Texas State Health Division website at http://www.health.tx.gov/HCQC_InfectionPreventionControl_FoodSafety.htm.

(3) Maintain sanitary procedures for washing dishes, cleaning equipment and work areas, and properly disposing of waste materials. Cleaning materials shall be kept separated from all food products including those stored in cabinets, closets and drawers.

(4) Provide for the dietary needs of all Veteran residents by maintaining compliance with USA nutrition standards and dietary guidelines found at: http://www.cnpp.usda.gov/dietaryguidelines.htm.

i. Transportation.

(1) Contractor shall provide Veteran residents transportation or funds/tokens for public transportation to medical, dental or mental health appointments at VA Medical facilities. Transportation vehicles shall be wheelchair accessible and meet the guidelines of the American with Disabilities Act.

(2) The manufacturer's rated seating capacity of the vehicles shall not be exceeded.

(3) Motor vehicles used to transport clients shall be maintained in a safe operating condition.

(4) Only drivers licensed and insured for the type of vehicle operated shall be permitted to transport Veteran residents.

2. QUALIFICATIONS/ACCREDITATION/LICENSING/STAFF.

a. Accreditation and Licensing.

(1) Contractor staff shall maintain active standing with the licensing boards in their respective professions in accordance with the below requirements:

(a) Counseling Staff shall be licensed by the State of Texas Board of Examiners and hold a Bachelors Degree from an accredited university. Licensed Clinical Social Worker is preferred.

(b) Case Manager shall be licensed by the State of Texas Board of Examiners and hold a Bachelors Degree from an accredited university. Licensed Clinical Social Worker is preferred.

(2) All technical and professional staff shall be certified in Basic Life Support (BLS). American Heart Association is preferred.

(3) Contractor shall have a certificate of liability for all services provided at their facility.

b. Staffing. Contractor shall provide sufficient staff in number and position and with the qualifications necessary to carry out the policies, responsibilities and programs of the facility.

3. DESCRIPTION AND STANDARDS OF FACILITIES.

a. Contractor facility will be certified by the State of Texas, Department of Health and Human Services, Division of Health, Bureau of Licensure and Certification as a facility for the residential treatment.

b. The Contractor facility shall conform to the Life Safety Code, National Fire Protection Association (NFPA) #101 standards, reference http://www.nfpa.org/aboutthecodes/AboutTheCodes.asp?DocNum=101&cookie%5Ftest=1.

c. The Contractor facility shall meet all City, County and State requirements concerning licensing and health codes.

d. Contractor shall have a current occupancy permit or license as required by the authority that has jurisdiction to issue and shall adhere to all applicable local, state and federal laws.

e. The facility shall be wheelchair accessible and meet Americans with Disabilities Act guidelines for buildings and facilities found at: http://www.ada.gov/reg3a.html#Anchor-Appendix-52467.

f. The Contractor shall take full responsibility for Veteran resident’s well-being and safety once Veteran residents enter their facility. All identified safety issues resulting from an inspection and/or Veteran resident observation shall be investigated immediately and corrected in a timely manner appropriate to the incident.

g. A change of facility or services affecting this contract shall be promptly reported to the VA Contracting Officer.

5. ORDERING ACTIVITIES AND OFFICES.

a. The VA shall designate a Contracting Officer Representative (COR) to monitor the contract performance and assist in contract administration. A delegation of authority letter delineating the responsibilities and limitations of the COR shall be provided to the Contractor. Any commitments of changes, which affect the price, quantity, authority to amend or render a decision on questions of the fact in dispute, and related contract administration problems, are duties of the Contracting Officer and cannot be delegated to the COR.

b. The Contractor shall not accept any instructions issued by any other person(s) other than the Contracting Officer or the COR acting within the limits of his/her authority. Only those services specified herein are authorized. Before performing any service of a non-contract nature, the Contractor shall advise the Contracting Officer of the reasons for additional work. Changes to the contract may be made only in writing by the Contracting Officer.

6. EMERGENCY PLAN.

a. It is agreed that the Contractor shall notify the HCHV case manager immediately when a medical emergency or hospitalization of a Veteran resident occurs. It is agreed that the Veteran resident shall be admitted to an appropriate VA facility, unless a life-threatening situation occurs where the Veteran resident is in need of admission to the nearest available hospital. The Contractor is to inform the admitting hospital that the individual is a Veteran and is eligible for VA healthcare.

b. In the event a Veteran resident under this contract dies, the facility shall promptly notify the HCHV case manager/COR and immediately assemble, inventory, and safeguard the Veteran resident’s personal effects. Any personal effects left by the Veteran resident upon the premises of the Contractor facility shall be delivered by the Contractor to the person or persons entitled thereto under the laws currently governing the facility for making disposition of effects left by the Veteran resident, unless the beneficiary died without leaving a will, heirs, or next of kin capable of inheriting.

c. When disposition has been made of the itemized inventory of the effects, the Contractor shall notify the HCHV case manager. Should a deceased Veteran resident leave no will, heirs or next of kin, his/her personal property, wherever located, vests in and becomes the property of the United States in trust. In these cases the facility shall forward an inventory of any such property 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 HCHV case manager.

7. CONFLICT OF INTEREST.

a. The Contractor shall not employ any person who is an employee of the United States Government if the employment of that person would create a conflict of interest. The Contractor shall not employ any person who is an employee of the VA, unless such person seeks and receives approval in accordance with VA Regulations. Nor shall the Contractor employ any person who, as a member the Contractor staff, would create a conflict of interest or the appearance of a conflict of interest, particularly with regard to influencing the contract negotiations or terms of the contract. In any such case, VA shall review the matter and give its approval in accordance with agency ethics rules.

b. Contractor shall not act as Fiduciary or Guardian for any Veteran resident nor provide any assistance to Veteran residents outside the scope identified in the statement of work without written prior approval from the Chief, Social Work Service, VASNHS.

8. CONTRACTOR LIAISON. The Contractor shall designate one (1) employee who shall be responsible for the performance of the work under this contract. The liaison shall have full authority to act for the Contractor on all matters relating to the daily operation of this contract. The liaison may be one of the personnel performing under this contract. An alternate may be designated, but the Contractor shall identify, in writing, those times when the alternate shall act as the liaison.

Contractor Liaison: _____________________ Phone: ____________ Fax: ___________

9. STANDARD OF CONDUCT.

a. The Government reserves the right to refuse acceptance of contract personnel whose personal or professional conduct jeopardizes Veteran resident care. Breaches of conduct include intoxication or debilitation resulting from drug use, theft, abuse, dereliction or negligence in performing directed tasks, or other abuse, or other conduct resulting in formal complaints by the Veteran resident, COR or VA HCHV staff. Standards for conduct shall mirror those prescribed by current Federal Personnel Regulations. A review of current Federal Personnel Regulations can be found at http://www.opm.gov/hr_practitioners/lawsregulations.

b. Complaints concerning contract personnel’s conduct with Government employees or patients will be dealt with by the Contractor and COR. The Contracting Officer is the final authority on validating complaints. In the event that Contractor personnel are involved and named in a validated complaint, the Government reserves the right to refuse acceptance of the services of such personnel. This does not preclude refusal in the event of incidents involving physical or verbal abuse. The final arbiter on questions of acceptability is the Contracting Officer.

10. DRUG SCREENING. The Contractor is responsible for ensuring their employees are not using illegal drugs and shall conduct random drug testing to ensure a drug-free environment. Contractor personnel are also subject to drug testing when there is a reasonable suspicion that they use or are impaired by illegal drugs while on duty. Reasonable suspicion of drug use or impairment includes, but is not limited, to the following:

a. Observable phenomena, such as direct observation of drug use, possession, or the physical symptoms of being under the influence of a drug.

b. A pattern of abnormal conduct or erratic behavior.

c. Arrest or conviction for a drug-related offense or the identification of a Contractor physician as the focus of a criminal investigation into illegal drug possession, use, or trafficking.

d. Information provided either by reliable and credible sources or independently corroborated; or newly discovered evidence that the Contractor personnel has tampered with a previous drug test.

11. PATIENT SENSITIVITY. Contractor health care providers shall respect and maintain the basic rights of patients, demonstrating concern for personal dignity and human relationships.

12. HEALTH REQUIREMENTS.

a. The Contractor shall certify that his/her employees have received the following testing/immunizations within the past year and will maintain coverage during the contract period:

(1) Tuberculosis Testing – the PPD test of radiological exam shall be repeated annually.

(2) Rubella Testing – all Contractor personnel shall provide proof of immunization for measles, mumps, rubella, or rubella titer of 1:8 or greater. If the titer is less than 1:0, the rubella immunization shall be administered with follow-up documentation to the COR.

(3) Immunizations – for purposes of infection control, all Contractor personnel shall take required immunizations and any health action required by generally accepted public health standards and any immunizations necessitated by any outbreaks in the area/community. Contractor personnel will not be allowed to perform duty until immunization documentation is provided to the COR.

(4) Health Restrictions – Contractor personnel shall have no health or physical disability restrictions which will interfere with the performance of their duties.

b. As a condition of employment, the Occupational Safety and Health Administration (OSHA) requires that all Contractor personnel who will have occupational exposure to blood, other body fluids, or other potentially infectious materials, shall receive Hepatitis B vaccine, sign a voluntary declination, or have documented proof of immunity to Hepatitis B infection. The immunization shall be the responsibility of the Contractor at no cost to the Government.

c. The Contractor’s personnel having patient contact or exposure to biological or pathological specimens shall be immunized against, be granted an immunization waiver for, or have documented proof of immunity to: rubella, mumps, polio and Hepatitis B. In addition, Contractor’s personnel shall be free of infectious diseases (to include but not limited to active Tuberculosis and Viral Hepatitis) that might reasonably be expected to place other workers, patients, or the public at risk.

d. The Contractor shall provide the Government with all the information necessary to ensure that Government records are maintained correctly and in compliance with TJC, OSHA and the Center for Disease Control health records requirements, for each individual Contractor employee.

13. CLINICAL RECORDS. Clinical records of Veteran residents treated by Contractor personnel under this contract are considered VA records and will be forwarded to the VA upon request. Contractor personnel who obtain access to hardware or media which may manipulate or store drug or alcohol abuse data, sickle cell anemia treatment records, records, test or treatment for or infection with HIV, medical quality assurance records, or any other sensitive information as defined by the VA, shall not have access to the records unless absolutely necessary to perform their contractual duties. Any individual who has access to these data will disclose them to no one, including other employees of the Contractor not involved in the performance of the particular contractual duty for which access was obtained.

14. RELEASE OF MEDICAL INFORMATION.

The Contractor shall take reasonable measures to ensure Veteran residents’ privacy and confidentiality.

Veteran resident’s demographics shall be treated as privileged information. The Contractor shall only release medical information obtained during the course of this contract to VA employees involved in the care and/or treatment of the Veteran residents. The Contractor personnel shall make sure no Veteran resident information of any type is given to outside parties, agencies or organizations of any type without the expressed written consent of the Veteran resident and the VA and only in capacities directly related to the provision of the services contracted in this instrument. Lists, names, and/or social security numbers of Veteran residents shall not be disclosed or revealed in any way, for any use outside the Contractor’s facility or without prior express written permission of the Contracting Officer or the Veteran resident. That only the minimum necessary Veteran resident information is used to provide appropriate service to the correct Veteran resident. Transcribed reports containing personal identifiers, when not used as an official document, must be shredded by the Contractor. The Contractor is subject to the same penalties and liabilities for unauthorized disclosures of such records as VA personnel as prescribed in VAAR Clause 852.273-75 listed in Section C of this document with attention given to VA Handbook 6500.6, Contract Security Requirements for Unclassified Information Technology Resources, found at the link in the clause at http://www.iprm.oit.va.gov/Security_and_Privacy_Requirements_for_Contractors.asp.

15. COMPUTER SECURITY. In the performance of official duties, if the Contractor personnel have regular access to printed and electronic files containing sensitive data, that information shall be protected under the provisions of the Privacy Act of 1974 and other applicable laws, federal regulations, VA statutes and policy, and VHA policy. The Contractor is responsible for protecting the data from unauthorized release or from loss, alteration, or unauthorized deletion and for following applicable regulations and instructions regarding access to computerized files, release of access codes, etc., as set out in the access agreement which the Contractor personnel signs.

16. HEALTH INSURANCE POTABILITY AND ACCOUNTABILITY ACT (HIPAA).

a. Contractor shall take reasonable measures to ensure each Veteran resident’s privacy and confidentiality. The Contractor personnel herein agree to take all reasonable precautions to safeguard patient information from unauthorized disclosure, access or modification, in both electronic and hard-copy formats. This includes not only electronic security measures such as “strong” user passwords on computer systems, but also physical barriers to prevent unauthorized use of computer work-stations. Contractor personnel will ensure that hard copy Veteran residents files are stored in secured lockable areas, that files are in lockable cabinets, that the cabinets can in fact be locked, i.e., keys are available, and the locking mechanisms work properly. This precaution also includes the proper transfer of Veteran resident information via electronic means, such as faxing or system-to-system transmission.

b. Contractor personnel shall make sure no Veteran resident information of any type is given to outside parties, agencies or organizations of any type without the expressed written consent of the Veteran resident and the VA and only in capacities directly related to the provision of the services contracted in this instrument. Contractor will also ensure that only the minimum necessary Veteran resident information is used to provide appropriate service to the correct Veteran resident. The Contractor is subject to the same penalties and liabilities for unauthorized disclosures of such records as VA personnel.

That the undersigned understands that all parties are bound by the requirements of the “Health Insurance Portability and Accountability Act of 1996” which provide guidance on the protection of patient privacy and confidentiality. This Act mandates that all government agencies and those bodies with whom they contract shall be in compliance with the directives of the Act. Details of the Act are still under development by the Congress of the United States. Once these detailed directives are released, this current contract may require a modification to be in compliance depending on the effective date of the Act as decided by the Congress and President of the United States.

17. QUALITY ASSURANCE AND PERFORMANCE MONITORING. Contractor will be held to the same standard as VA personnel through quality assurance and performance monitoring to ensure compliance under this contract. These procedures will include time and attendance logs verification or other appropriated records called for under this contract received by the VA. The Quality Assurance and Performance Monitoring will be governed by the appointed COR who will be responsible for verifying compliance with the terms and conditions of the contract. After the contract is awarded, any incidents as evidenced by the monitoring procedures will be forwarded immediately to the Contracting Officer. In addition, the COR will forward the summary evaluation of the Contractor performance to the Contracting Officer once performance ends.

18. HHS/OIG REQUIREMENTS. To ensure that the individuals providing services under this 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 (HHS/OIG) List of Excluded Individuals/Entities on the OIG Website (www.hhs.gov/oig) for each person providing services under this contract. Further, the Contractor is required to certify in its proposal that all persons listed in the Contractor’s proposal have been compared against the OIG list and are NOT listed. During the performance of this contract, the Contractor is prohibited from using any individual or business listed on the List of Excluded Individuals/Entities.

19. CONTINUING EDUCATION UNITS(CEU) REQUIREMENTS. Contractor personnel registered by national associations shall continue to meet the minimum standards for CEU and Texas licensing agencies. CEU is the sole responsibility of the Contractor, shall be obtained at no additional cost to the Government, and shall be reported to the COR annually on the first normal duty day in January for the previous calendar year.

20. EVIDENCE OF INSURANCE COVERAGE. Before commencing work under this contract, the Contractor shall furnish certification to the Contracting Officer that the coverage required (General & Professional Liability as well as Workers Comp) has been obtained and such policy shall state, “This policy may not be changed or cancelled without written notice to the VA Contracting Officer, Network Contracting Office 17, 2002 Scott Boulevard, Temple, TX 76504. Said policy shall bear an appropriate “loss payable clause’’ to the United States as its interest may appear. Such evidence of insurance will not be waived.

21. PERSONNEL POLICY.

a. General: The Contractor shall assume full responsibility for the protection of its personnel furnishing services under this contract. To carry out this responsibility, the Contractor shall provide the following its personnel:

(1) Worker’s compensation

(2) Professional liability insurance

(3) Health examinations

(4) Income tax withholdings

(5) Social Security withholdings

b. Payment for any leave, including sick leave or vacation time is considered the sole responsibility of the Contractor. The Contractor shall comply with all existing local, state, federal and/or union laws, regulations relevant to fringe benefits, and premium pay for their employees. Such personnel shall not be considered VA Southern Nevada Healthcare System employees for any purpose and shall be considered employees of the Contractor. There is no employer-employee relationship between the VA and the Contractor or the Contractor’s employee(s).

22. FACILITY HOURS. The Contractor’s residential treatment facility’s hours of operation will be twenty-four (24) hours per day, seven (7) days per week, three-hundred-sixty-five (365) days per year. The Healthcare for the Homeless Veterans (HCHV) program office is open Monday-Friday, 8:00 am to 4:30pm.

23. OVERTIME AND HOLIDAY PAY. Any overtime and/or holiday pay that may be entitled to Contractor personnel shall be the sole responsibility of the Contractor and shall not be billed to nor reimbursed by the Government.

24. NATIONAL HOLIDAYS. Listed below are the ten (10) national holidays. When one of the holidays falls on a Sunday, the following Monday will be observed as a national holiday. When a holiday falls on a Saturday, the preceding Friday is observed as a national holiday by U.S. Government Agencies. Also included would be any day specifically declared by the President of the United States of America as a national holiday.

25. BILLING FOR SERVICES. The Contractor is responsible for submitting billing for services in accordance with Section B.1 Contract Administration Data.

26. INVOICE AND PAYMENT.

a. Payment is to be made monthly in arrears. Contractor shall submit invoices in original addressed to: VAFSC, P.O. Box 149971, Austin, TX 78714. Invoices submitted for payment shall be reviewed for accuracy, verified against time records and attendance logs and shall be subject to approval by the Government prior to remittance of payment. Any discrepancies found shall be brought to the attention of the Contractor and shall be resolved. A corrected invoice shall then be submitted by the Contractor as instructed by the Government.

b. The invoice SHALL be itemized to include the following information:

(1) Veteran’s name

(2) Last four of social security number

(3) Date of entry

(4) Period in supportive housing and days in the program

(5) Total cost billed to the VA

c. Payment for services rendered by the Contractor shall be made monthly upon receipt of a proper invoice. When inadequate invoices are received (those lacking any of the essential items listed above), the vendor will be notified in writing within seven (7) calendar days of receipt of such bills that these bills cannot be processed for payment until a proper invoice is submitted. (Ref: Prompt Payment Act – Public Law 97-177) The itemized invoice shall be verified for certification of the services rendered during the billing period. The VA Contracting Officer’s Representative shall certify the Contractor’s invoice for payment of services rendered.

d. Veteran residents shall not be invoiced for services.

27. POST-AWARD PERFORMANCE CONFERENCE. Successful Contractor shall participate in a post-award orientation conference as directed in the Office of Acquisition and Logistics Information Letter number 003A3-12-04. Conference will include the Contracting Officer, COR, Program Manager, Contractor, and others designated. They may meet quarterly thereafter to ensure that the Contractors are meeting and/or exceeding the contracts requirements.

28. SITE VISITS: The Contractor shall permit on-site visits by the VA to ensure compliance with the contract requirements at any time during the period of performance in accordance with the Inspection Checklist. Failure to successfully adhere to the Inspection Checklist may result in termination of the resultant contract. Contractor shall make all records accessible for a review. Site inspections may be announced or unannounced.

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SECTION C - CONTRACT CLAUSES

C.1 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)

(a) Definitions. As used in this clause— Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures. (1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of Clause) ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.2 52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of award through the last day of the last option year plus six months if extended.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of Clause)

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than one bed for one day of service, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of 10 beds for 365 days of service;

(2) Any order for a combination of items in excess of 10 beds for 365 days of service for five years and six months; or

(3) A series of orders from the same ordering office within 60 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 60 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

C.4 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after six months after the final day of option period four.

(End of Clause)

C.5 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 60 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires.