36C25723Q0080_1_1.docx

Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice

GENERAL INFORMATION

SET-ASIDE

Regional Contracting Office West (RPOW) Network Contracting Office 17 (NCO17) 11495 Turner Road El Paso TX 79936-4221

POINT OF CONTACT*

Contract Specialist Elsa Leilani Gomez elsa.gomez@va.gov

PLACE OF PERFORMANCE

North Texas Veterans Healthcare Systems

4500 S. Lancaster Road

Dallas Texas

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

DESCRIPTION

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

Solicitation Number: 36C257-23-Q-0080

The solicitation type: Request for Quotation (RFQ).

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-01 Effective Date 12/30/2022 and VAAR Update 2008-34 Effective Date 12/21/2022.

This combined synopsis/solicitation is issued as Unrestricted, insufficient Small Business.

The associated NAICS code is 624221 Temporary Shelters, and the small business size standard is $12 million.

A list of line item number(s) and items, quantities, and units of measure (including option(s)) is included under section Price Schedule.

Description of services to be acquired for this contract action is provided in the Performance Work Statement (PWS).

The provision at 52.212-1, Instructions to Offerors-Commercial Products and Commercial Services, applies to this acquisition. Addenda is included with the provision.

The provision at 52.212-2, Evaluation-Commercial Products and Commercial Services, specific evaluation criteria to be included in paragraph (a) of that provision.

Offerors shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, with their quote.

The clause at 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services, applies to this acquisition, as well as addenda to the clause.

The clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services, applies to this acquisition, the additional FAR clauses cited in the clause are applicable to the acquisition.

The Defense Priorities and Allocations System (DPAS) and assigned rating, are not applicable to this action.

Offers are due By 01:00 PM on 03-08-2023. Responses to this RFQ shall be e-mailed to Elsa Gomez at elsa.gomez@va.gov. Telephone, mail, or fax responses to this RFQ will NOT be accepted.

For information regarding the solicitation contact Elsa Gomez at elsa.gomez@va.gov.

CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR: (Offerors are required to designate a person for prompt contract administration):

Fax:

b. GOVERNMENT: The Contract Specialist for Administration (CS) named below is responsible for the overall administration of the contract.

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

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

PRICE SCHEDULE

Provide Transitional Housing and Supportive Services for up to 36 homeless veterans in accordance with the Performance Work Statement (PWS).

[36BEDS X 365 DAYS X RATE=AMOUNT]

Contract Period: BASE POP Begin: 04-01-2023 POP End: 03-31-2024 PRINCIPAL NAICS CODE: 624221 - Temporary Shelters PRODUCT/SERVICE CODE: G099 – Social Other

MINIMUM ORDER QUANTITY: 36

MAXIMUM ORDER QUANTITY: 13,140

Provide Transitional Housing and Supportive Services for up to 36 homeless veterans in accordance with the Performance Work Statement (PWS).

Contract Period: Option 1 POP Begin: 04-01-2024 POP End: 03-31-2025 PRINCIPAL NAICS CODE: 624221 - Temporary Shelters PRODUCT/SERVICE CODE: G099 - Social Other

Provide Transitional Housing and Supportive Services for up to 36 homeless veterans in accordance with the Performance Work Statement (PWS).

Contract Period: Option 2 POP Begin: 04-01-2025 POP End: 03-31-2026 PRINCIPAL NAICS CODE: 624221 - Temporary Shelters PRODUCT/SERVICE CODE: G099 - Social Other

Provide Transitional Housing and Supportive Services for up to 36 homeless veterans in accordance with the Performance Work Statement (PWS).

Contract Period: Option 3 POP Begin: 04-01-2026 POP End: 03-31-2027 PRINCIPAL NAICS CODE: 624221 - Temporary Shelters PRODUCT/SERVICE CODE: G099 - Social Other

Provide Transitional Housing and Supportive Services for up to 36 homeless veterans in accordance with the Performance Work Statement (PWS).

Contract Period: Option 4 POP Begin: 04-01-2027 POP End: 03-31-2028 PRINCIPAL NAICS CODE: 624221 - Temporary Shelters PRODUCT/SERVICE CODE: G099 - Social Other

GRAND TOTAL

Note: 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.

B.3 DESCRIPTION/SPECIFICATIONS/PERFORMANCE WORK STATEMENT

B.3.1. REQUIREMENTS/SCOPE OF WORK: The Contractor shall provide transitional housing and supportive services that enhance the stability of Veterans served by the Veterans Administration (VA) Health Care for Homeless Veterans (HCHV) Program. The contract is effective period of performance shall be for a one-year base period with four option periods. Specific tasks are as follows:

B.3.1.1. Contractor shall have existing programs and facilities in the targeted area of Dallas County, Texas that are fully operational and can start providing services within ten (10) days of contract award.

B.3.1.2. Contractor shall be responsible for providing sufficient residential capacity to place up to 36 Veterans in safe community-based residences. Suitable Residential shelter placement requires:

• Sufficient personnel to assure security

• Staffing available on-site 24 hours a day, 7 days a week

• 3 healthy meals per day

• Laundry facilities and detergent available for Veteran to do their own laundry

• The ability to place a Veteran on the same day of a referral from HCHV staff

• Hygiene products to include wash cloths, soap, feminine products, deodorant, toothpaste, and toothbrush shall be made accessible to veterans.

• Transportation to contracted facility upon admission when needed by Veteran from key locations, such as the Dallas VA Medical Center.

• Transportation to VA Medical appointments as well as job and housing search efforts or provide vouchers for use of public transit.

• Suitable bedroom space and furnishings allowing for adequate storage and security of belongings, with minimum 140 square feet of living space for two veterans and 40 square feet per additional veteran.

B.3.1.3. Contractor shall be responsible for planning and coordinating all activities associated with providing safe and appropriate residential care. This includes, but is not limited to, the elements described in the preceding paragraph. Any associated expenses should be included in the per diem rate and not be billed as additional charges.

B.3.1.4. Contractor shall offer supportive services to Veterans that will provide assistance to them during their contract residential stay. These services will continue throughout their authorized stay not to exceed (NTE) 180 days without written exception by Program Manager (PM). The goal of these services is to stabilize and prepare the Veteran for independent or permanent housing through planning and referrals prior to discharge. Contractor shall integrate the Veteran’s VA HCHV plan of care with the Veteran’s plan developed with the Contractor within three (3) business days of admission and reviewed monthly with the Veteran to submit status updates on the Veteran’s goals to the VA HCHV Liaison by email.

B.3.1.5. Services which the Contractor must be able to furnish include:

B.3.1.5.1. Structured group activities specific to the populations need of recovery. Examples include group therapy, social skills training, Alcoholics Anonymous, Narcotics Anonymous, vocational assistance counseling, and recreational activities.

B.3.1.5.2. Collaboration with appropriate VA staff to insure linkages to and provision of supportive psychosocial services.

B.3.1.5.3. Assistance to develop responsible living patterns and to achieve a more adaptive level of psychosocial functioning, improved social skills, and improved personal relationships.

B.3.1.5.4. Support for an alcohol/drug abuse-free lifestyle, with witnessed urine drug and alcohol screening scheduled regularly and random of veterans.

B.3.1.5.5. Conduct routine and random inspections upon suspicion or incident of HCHV Services area and Veteran rooms monthly for weapons, illicit drugs, or paraphernalia.

B.3.1.5.6. Monitor and maintain all Veteran prescriptions in a medication room behind two locks properly labeled, logged for self-administration, and disposed of when Veteran is ordered to discontinue or post-client discharge.

B.3.1.5.7. Case Management assistance to gain and apply knowledge of the illness/recovery process.

B.3.1.5.8. Individual professional counseling, including counseling on self-care skills, adaptive coping skills and as appropriate vocational rehabilitation counseling in collaboration with VA program and community resources.

B.3.1.5.9. Specialized individual support addressing the needs of the frail, elderly Veteran.

B.3.1.5.10. Specialized individual and group support addressing the needs of Veterans with complex medical and mental health diagnoses common to this population’s needs.

B.3.1.5.11. Contractor shall possess the ability to clinically assess, respond, and transport a Veteran in a mental health crisis and will create an environment conducive to medical and mental health recovery.

B.3.1.5.12. Contractor shall provide means of transportation to Veterans upon admission in the program and for means to search for employment, permanent housing, and access of medical care needs.

B.3.1.6. Contractor is expected to develop treatment and preliminary discharge goals within three (3) business days of Veteran's admission to the program and provide to the VA HCHV Case Manager for review.

B.3.1.7. Contractor is expected to provide VA HCHV Case Manager and Contracting Officer’s Representative (COR) with regular reports on changes in Veteran’s status, including all changes and observations concerning the Veteran's bio-psychosocial needs and status on meeting goals at least monthly or sooner when there are significant changes.

B.3.1.8. The VA HCHV Case Manager and COR shall be notified within twelve (12) hours of the death, injury, suicide attempt or voiced ideation, acts of verbal assault, threats, violence, exploitation, sexual relation activities at facility involving participants, or prolonged unauthorized absence of residence more than twelve (12) hours of a Veteran placed in facility.

B.3.1.9. Appetizing, nutritionally adequate meals are provided in a setting, which encourages social interaction and nutritious snacks between meals and bedtime which are made available for those requiring or desiring additional food, when it is not medically contraindicated. The addition of nutritious snacks to the requirements for room and board is particularly indicated for homeless patients. Many of these patients are either undernourished or have developed poor eating habits or both, because of their chronic psychiatric disorder, including alcohol/drug abuse behaviors. The local VA Medical Center dietitian may consult with the initial inspection team and the team making subsequent assessments, in evaluating not only the printed menus but also the patients' satisfaction with meals and the actual consumption of food offered.

B.3.2. KEY PERSONNEL

B.3.2.1. The Contractor shall assign to this contract personnel that by education and training (and, when required, certification or licensure) are qualified to provide the services as denoted in the Performance Work Statement. The Contractor must identify each labor category to be utilized for this effort and provide a description of the skills and experience required per labor category, along with resumes.

B.3.2.2. During the first ninety (90) calendar days of performance, the Contractor shall make NO substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer, in writing, within fifteen (15) calendar days after the occurrence of any of these events and provide the information required by paragraph B.3.2.3 below. After the initial ninety (90) calendar days period of the contract, the Contractor shall submit the information required by paragraph B.3.2.3 to the Contracting Officer at least fifteen (15) calendar days prior to making any permanent substitutions.

B.3.2.3. The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes shall have comparable qualifications to those of the persons being replaced. The Contracting Officer shall notify the Contractor within fifteen (15) calendar days after receipt of all required information of the decisions on the proposed substitutes. The contractor shall provide a list of approved changes of key personnel.

B.3.2.4. For temporary substitutions where the key person will not be reporting to work for three consecutive workdays or more, the Contractor shall provide a qualified replacement for the key person. This substitute shall have comparable qualifications to the key person.

B.3.2.5. Contractor shall have a contingency plan in place to be utilized if personnel leave Contractor’s employment or are unable to continue performance in accordance with the terms and conditions of the resulting contract.

B.3.2.6. The Government reserves the right to refuse acceptance of Contractor’s personnel if personal or professional conduct jeopardizes patient care or interferes with the regular and ordinary operation of the facility. Breaches of conduct include intoxication or debilitation resulting from drug use, theft, patient abuse, dereliction, or negligence in performing directed tasks, or other conduct resulting in formal complaints by patients or other staff members to designated Government representatives. The Contractor and Contracting Officer’s Representative (COR) shall deal with issues raised concerning contract personnel’s conduct. The final arbiter on questions of acceptability is the Contracting Officer Representative.

B.3.2.7. The COR shall resolve complaints concerning Contractor relations with the Government employees or patients. The COR is final authority on validating complaints. In the event that the Contractor is involved and named in a validated patient 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.

B.3.3. HOLIDAYS: Contractor shall provide patient services for veteran beneficiaries as requested Sunday through Saturday including the eleven (11) Federally recognized holidays listed below:

New Years Martin Luther King’s Birthday President’s Day Memorial Day Juneteenth Independence Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day

B.3.4. REPORTING AND DOCUMENTATION

B.3.4.1. Contractor shall be responsible for providing VA with status reports monthly on each veteran demonstrating the veterans’ progress toward objectives, as well as the program’s goals, are being met throughout the contract period and length of stay of each Veteran. Status reports shall begin one month after initial placement and due for each veteran monthly thereafter on the 1st of each month unless the 1st is a holiday or weekend, in which case it shall be due the next business day.

B.3.4.2. The Contractor must work with HCHV Case Manager and COR to develop and submit expected program performance evaluation outcomes within sixty (60) days of award, followed by regular evaluation reports of outcomes submitted within five (5) days of the start for each quarter according to VA fiscal year calendar (October 1 thru September 30).

B.3.4.3. Documentation includes compliance with paperwork required as a part of the VA's performance monitoring efforts. Daily bed status reports submitted weekly on Mondays for the previous seven-day period, and also monthly veteran treatment status summaries submitted on the 1st of the month, or the next business day if this falls on a holiday or weekend.

B.3.4.4. The VA will conduct periodic invoice and performance-based reviews of the selected Contractor at the discretion of the COR and/or VA HCHV Case Manager.

B.3.4.5. Contractor is required to use a Continuum of Care Homeless Management Information System (HMIS) that complies with the Department of Housing and Urban Development’s (HUD) data integration system for reporting veteran demographic information and program services on all veterans served, administrative costs for utilization of external data integration system must be all inclusive in cost of services and fully operational within sixty (60) days of award.

B.3.4.6. VA Program personnel shall have the right to make unannounced inspections of the Contractor’s facilities. Attention may be directed toward all aspects of the contractor’s programs/facilities. These include, but are not limited to, the adequacy of the Veteran’s records, safety, housing conditions, dietary needs, counseling, skills training, etc. Site visits may also include spot checks of records to ensure that the Contractor’s invoices accurately reflect the Veteran’s length of stay.

B.3.5. ABSENCES AND CANCELLATION

B.3.5.1. The contractor shall notify the VA of absences from the facility. Absences of the patient from the facility in excess of forty-eight (48) hours will not be reimbursable except those with the prior approval of the VA HCHV Case Manager and COR. Should a patient referred to a residential treatment facility be absent himself/herself in an unauthorized manner, payment for services for that veteran to the contract facility would be continued for a maximum period of two days provided there is an active outreach attempt on the part of the contract facility staff, such as calling VA HCHV Case Manager and COR, Emergency rooms, jails, roommate(s), family, or friends as possible to return the veteran to the residential treatment program and when there is a strong likelihood that the patient will return. Contractor must document absences of the patient and efforts to locate and return veteran to program successfully within forty-eight (48) hours, submitting evidence of such by facsimile to VA HCHV Liaison within twelve (12) hours of absence after curfew with follow up report on outcome of absence within forty-eight (48) hours. Management of program dropout will be an element of quality assurance review of this program.

B.3.5.2. It is understood that the beneficiary may be provided facility care at the expense of the VA for a period not to exceed that stated as the length of stay for each individual patient treatment plan contracted, unless an extension of the authorization is provided in writing by the VA.

B.3.5.3. VA reserved the right to remove any or all patients from the facility at any time without additional cost, when it is determined to be in the best interest of the VA or the patient.

B.3.5.4. Length of stay at VA cost authorized per veteran is not to exceed (NTE) 180 days, with contractor required to submit a written request for exception with justification of the need and providing separate documentation of the veteran’s satisfactory progress toward goals in program to the PM at least 5 business days prior to 180 days in program. The HCHV Case Manager and COR will provide written authorization of any exception to the NTE 180 day per veteran length of stay as requested and justified for a veteran to meet housing placement goals.

B.3.6. COMPLAINTS HANDLING: The COR shall monitor the services provided. Contractor shall cooperate with the COR in providing information and answering questions in a timely manner when requested. Contractor shall refer official complaints received directly from the customer(s) to the COR. All complaints received by the COR and forwarded to the Contractor shall be investigated promptly. After investigation and disposition, Contractor shall respond to the COR with the written outcome of resolution within five (5) working days after receipt by the Contractor.

B.3.7. INFECTION CONTROL REQUIREMENTS: Tests shall be current within the past year.

B.3.7.1. Tuberculosis Testing - All contractor personnel who are in direct contact with patients covered by this contract shall provide documentation of a Purified Protein Derivative (PPD) test performed within the past year. In case of a past positive PPD test, a negative chest radiographic report to rule out active tuberculosis shall be provided. The PPD test shall be repeated annually.

B.3.7.2. OSHA Regulation Concerning Occupational Exposure to Blood borne Pathogens - The contractor shall provide training or a self-study training module to its personnel; provide Hepatitis B vaccination series at no cost to its personnel who elect to receive it; maintain and distribute an exposure determination and control plan to its personnel; maintain required records; and ensure that proper follow-up evaluation is provided following an exposure incident. Contractor shall provide documentation that the employee(s) have received the Hepatitis B vaccination series or that the employee(s) declined to receive the series.

B.3.7.3. VA shall notify the Contractor of any significant communicable disease exposures to its employees as appropriate. The Contractor’s occupational health provider shall adhere to current Centers for Disease Control and Prevention (CDC)/ Healthcare Infection Control Practices Advisory Committee. Core Infection Prevention and Control Practices for Safe Healthcare Delivery in All Settings – Recommendations of the Healthcare Infection Control Practices Advisory Committee (HICPAC) 2017. If the employees of the contracting agency suffer a communicable disease, the Contractor shall provide follow up documentation of employee’s clearance to return to the workplace prior to their return.

B.3.8. DIETETIC SERVICE: Veteran needs shall be met in accordance with sound medical practices. At least three (3) nutritious meals or their equivalent shall be serviced daily at regular times with not more than a 14-hour span between evening meals and breakfast of the following day. Meals will consist of an average of 1800-2400 calories per day, including snack. Provisions must be provided for modified diet plans to include diabetes, cardiac, for example low cholesterol, low fat, renal/kidney restrictions, per individual treatment plan or doctor’s orders as required. Modified diets may include in between meal snacks.

B.3.8.1. Between meal and bedtime snack of nourishing quality should be offered.

B.3.8.2. There shall be evidence that food is prepared, served, and stored under sanitary conditions.

B.3.8.3. Sanitary procedures shall be established and maintained for washing dishes, cleaning equipment, and work areas, and for proper waste disposal.

B.3.8.4. Menus shall be prepared in accordance with Dietician review/consultation.

B.3.8.5. Appetizing, nutritionally adequate meals are provided in a setting, which encourages social interaction and nutritious snacks between meals and bedtime which are made available for those requiring or desiring additional food, when it is not medically contraindicated. The addition of nutritious snacks to the requirements for room and board is particularly indicated for homeless patients. Many of these patients are either undernourished or have developed poor eating habits or both, because of their chronic psychiatric disorder, including alcohol/drug abuse behaviors. The VA Medical Center dietitian may consult with the initial inspection team and the team making subsequent assessments, in evaluating not only the printed menus, but also the patient’s satisfaction with meals and the actual consumption of food offered.

B.3.8.6. The facility shall not accept food stamps or welfare from or on behalf of Veterans.

B.3.9. STANDARDS/LICENSES

B.3.9.1. The residential care facility shall conform to the standards of the National Fire Protection Association (NFPA) Life Safety Code – NFPA 101 and conform to the fire and safety codes imposed by state law, which adequately protects residents and must meet all city, state and federal requirements concerning licensing health codes. In all cases, the VA requires a level of safety which conforms to NFPA 101: Life Safety Code. This code can be located at http://www.nfpa.org/aboutthecodes/AboutTheCodes.asp?DocNum=101# or within the published NFPA 101: Life Safety Code, 2021 edition.

B.3.9.2. The residential care facility shall conform to the standards of the Americans with Disabilities Act (ADA) to include facility safety and accessibility requirements of the disabled, see www.ada.gov. This also includes meeting standards for certified service dogs in the facility, see current standards at www.ada.gov/service_animals_2010.htm. Service Dog owner is responsible for supervision, care and feeding of animal. Service Dog owner must provide proof of doctor order, certification of animal, vaccinations are current, and kennel for boarding animal.

B.3.9.3. The residential care facility shall also maintain conformance with the Commission on Accreditation of Rehabilitation Facilities (CARF) Standards as applicable to enable the HCHV Program to continue accreditation, under the Employment and Community Services standards. These standards are updated annually can be reviewed at www.carf.org/programdescriptions/ECS.

B.3.10. CONFIDENTIALITY OF PATIENT RECORDS

B.3.10.1. The Contractor is a VA contractor and shall assist in the provision of health care to patients seeking such care from or through VA. As such, the Contractor is considered as being part of the Department health care activity. Contractor is considered a VA contractor for purposes of Privacy Act, Title 5 U.S.C. 552a. Further, for the purpose of VA records access and patient confidentiality, Contractor is considered a VA contractor for the following provisions: Title 38 U.S.C. 5701, 5705, and 7362. Therefore, Contractor may have access, as would other appropriate components of VA, to patient medical records including patient treatment records pertaining to drug and alcohol abuse, human immunodeficiency virus (HIV), and sickle cell anemia, to the extent necessary to perform its contractual responsibilities. However, like other components of the Department, and notwithstanding any other provisions of the contract, the Contractor is restricted from making disclosures of VA records, or information contained in such records, to which it may have access, except to the extent that explicit disclosure authority from VA has been received. The Contractor is subject to the same penalties and liabilities for unauthorized disclosures of such records as VA.

B.3.10.2. The records referred to above shall be and remain the property of VA and shall not be removed or transferred from VA except in accordance with 5 U.S.C. 522a (Privacy Act of 1974), 38 U.S.C. 5701 (Confidential nature of claims), 5 U.S.C. 552 Freedom of Information Act (FOIA), 38 U.S.C. 5705 (Confidentiality of Medical Quality Assurance Records) 38 U.S.C. 7332 (Confidentiality of certain medical records) and federal laws, rules, and regulations. Subject to applicable federal confidentiality or privacy laws, the Contractor, or their designated representatives, and designated representatives of federal regulatory agencies having jurisdiction over Contractor, may have access to VA ‘s records, at VA’s place of business on request during normal business hours, to inspect and review and make copies of such records.

B.3.10.3. Each Contractor and subcontractor assigned work under this contract are required to receive and document completion of VA training on the Privacy Act prior to having access to the VA computer system. Privacy Act Training will be accomplished within 1 week of award and annually. The requirements for fulfilling this provision can be found at www.tms.va.gov/SecureAuth35/.

B.3.10.4. Each contractor or subcontractor employee documenting in the client medical record will complete a security clearance process with fingerprinting and must have their own User ID/Password issued for use from VA. The contractor must notify the COR as soon as the contractor knows of the termination date of an employee with VA computer access or new hires. Additional privacy & security requirement are included elsewhere in this contract.

B.3.11. TORT CLAIMS: Contractor employees are not covered by the Federal Tort Claims Act. When a Contractor employee has been identified as a provider in a tort claim, the Contractor employee is responsible for notifying the Contractor’s legal counsel and/or insurance carrier. Any settlement or judgment arising from a contractor employee’s action or non-action is the responsibility of the Contractor and/or insurance carrier.

B.3.12. HHS/OIG: To ensure that the individuals providing services under the contract have not engaged in fraud or abuse regarding Sections 1128 and 1128A of the Social Security Act regarding federal health care programs, the Contractor is required to check the Health and Human Services – Office of Inspector General, List of excluded individuals/entities on the OIG website ((https://oig.hhs.gov) for each person providing services under the contract, including personnel hired following the submission of the proposal, throughout the term of the contract to include all exercised option years. Further the Contractor is required to certify in its proposal that all persons listed in the Contractor’s proposal have been compared against the OIG list and are not listed. During the performance of this contract the Contractor is prohibited from using any individual or business listed on the List of Excluded Individual/Entities.

B.3.13. PERSONNEL POLICY: The Contractor shall assume full responsibility for the protection of its personnel furnishing services under this contract. To carry this out the Contractor shall provide the following for these personnel:

Worker’s compensation Professional liability insurance Health examinations Income tax withholding, and Social Security payments

B.3.14. MANAGEMENT, SUPERVISION AND TRAINING

B.3.14.1. Contractor shall be responsible for supervising the daily services provided under this contract.

B.3.14.2. The Contractor shall have written policies and procedures regarding staff credentials.

B.3.15. RECORD KEEPING

B.3.15.1. The Contractor and the HCHV Program Office shall establish and maintain a record keeping system that will record the services performed under the provisions of the contract by the Contractor's employee(s). Any incidents of Contractor non-compliance as evidenced by the monitoring procedure shall be forwarded immediately to the Contracting Officer’s Representative (COR).

B.3.15.2. Documentation of services performed shall be reviewed by the HCHV Liaison and Program Manager (PM) and provided to the COR prior to certifying payment. The Government will only pay for services actually performed and in strict accordance with Schedule of Supplies/Services and the terms and conditions of this contract. Contract monitoring and record-keeping procedures shall be sufficient to ensure proper payment and allow audit verification that services were provided.

B.3.16. ACCESS TO ADP FILES: In performance of official duties, the Contractor shall have regular access to printed files containing sensitive data, which shall be protected under the provision of the Privacy Act of 1974 (5 U.S.C. 552a), and other applicable laws, Federal Regulations, Veterans Affairs statutes and policies. The Contractor is responsible for protecting that data from unauthorized release or from loss, alteration, or unauthorized deletion, and for following all applicable regulations and instructions regarding access to medical records which the Contractor signs agreement upon contract award.

B.3.17. HIPPA COMPLIANCE: Contractor and any subcontractors must adhere to the provisions of Public Law 104-191, Health Insurance Portability and Accountability Act (HIPAA) of 1996. This includes both Privacy and Security Rules published by the Department of Health and Human Services (HHS). As required by HIPAA, HHS has promulgated rules governing the use and disclosure of protected health information by covered entities. The covered entity component of VA is the Veterans Health Administration (VHA). In accordance with HIPAA, the Contractor may be required to enter into a Business Associate Agreement (BAA) with VHA.

B.4. VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY

B.4.1. GENERAL: Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.

B.4.2. CONTRACTOR PERSONNEL SECURITY REQUIREMENTS

B.4.2.1. All Contractor employees who require access to the Department of Veterans Affairs’ medical records, such as Case Manager and Manager, shall be the subject of a background investigation and must receive a favorable adjudication from the VA Office of Security and Law Enforcement prior to contract performance. This requirement is applicable to all subcontractor personnel requiring the same access. If the investigation is not completed prior to the start date of the contract, the Contractor shall be responsible for the actions of those individuals they provide to perform work under the contract.

B.4.2.2. The Contracting Officer or COR shall provide the appropriate background investigation information to the Contractor for completion. Required background investigation documentation must be completed and returned to the Contracting Office or COR within five (5) calendar days after receipt.

B.4.2.2.1. Position Sensitivity – The position sensitivity has been designated as Low Risk/Low Sensitivity.

B.4.2.2.2. Background Investigation – The level of background investigation commensurate with the required level of access is National Agency Check with Inquiries (NACI).

B.4.2.2.3. Electronic Fingerprinting – Contractor/subcontractor employees will be required to have fingerprints taken as part of the background investigation process. The preferred method of obtaining fingerprints is to have them taken electronically at the Human Resources Service Office at a VA facility. If fingerprints cannot be obtained at a VA facility the Contracting Officer or COR will provide the Contractor with a Form FD-258 fingerprint chart, which can be taken to any local police station for fingerprints. However, local entities may assess a fee for this service.

B.4.2.2.4. Contractor Responsibilities – B.4.2.2.4.1. The Contractor shall bear the expense of obtaining background investigations. The VA is responsible for payment to the Security Investigation Center; however, upon final payment, the VA will submit a Bill of Collections to the Contractor. The Contractor is responsible for reimbursement to the VA within thirty (30) days. If the Office of Personnel Management (OPM) conducts the investigation, the Contractor shall reimburse VA within 30 days.

B.4.2.2.4.2. The Contractor shall prescreen all personnel requiring access to the computer systems to ensure they maintain a U.S. citizenship and are able to read, write, speak, and understand the English language.

B.4.2.2.4.3. Failure to comply with the Contractor personnel security requirements may result in termination of the contract for default.

B.4.2.2.4.4. Any additional contract staff hired post-award shall complete background investigation requirements within 5 business days of hire.

B.4.3. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

B.4.3.1. A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order.

B.4.3.2. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VHA Directive and Handbook 0710, Personnel Security and Suitability Program. The Office of Operations, Security, and Preparedness is responsible for these policies and procedures.

B.4.3.3. Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness.

B.4.3.4. Custom software development and outsourced operations must be located in the U.S. to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the contractor/subcontractor must state where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor.

B.4.3.5. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor's employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination.

B.4.4. VA INFORMATION CUSTODIAL LANGUAGE

B.4.4.1. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1).

B.4.4.2. VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor's information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA's information is returned to the VA or destroyed in accordance with VA's sanitization requirements. VA reserves the right to conduct onsite 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.

B.4.4.3. Prior to termination or completion of this contract, contractor/ subcontractor must not destroy information received from VA, or gathered/ created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract.

B.4.4.4. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations, and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if the 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.

B.4.4.5. The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed.

B.4.4.6. 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.

B.4.4.7. If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship.

B.4.4.8. The contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated.

B.4.4.9. The contractor/subcontractor's firewall and Web services security controls, if applicable, shall meet or exceed VA's minimum requirements. VA Configuration Guidelines are available upon request.

B.4.4.10. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA's prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA Contracting Officer for response.

B.4.4.11. Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above-mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA Contracting Officer for response.

B.4.4.12. For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require Certification and Authority (C&A) or an Memorandum of Understanding-Interconnection Security Agreement (MOU-ISA) for system interconnection, the contractor/subcontractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the COR.

B.4.5. INFORMATION SYSTEM DESIGN AND DEVELOPMENT

B.4.5.1. Information systems that are designed or developed for or on behalf of VA at non-VA facilities shall comply with all VA directives developed in accordance with Federal Information Security Modernization Act (FISMA), HIPAA, NIST, and related VA security and privacy control requirements for Federal information systems. This includes standards for the protection of electronic Protected Health Information (PHI), outlined in 45 C.F.R. Part 164, Subpart C, information and system security categorization level designations in accordance with FIPS 199 and FIPS 200 with implementation of all baseline security controls commensurate with the FIPS 199 system security categorization (reference Appendix D of VA Handbook 6500, VA Information Security Program at VHA Publications (va.gov)). During the development cycle a Privacy Impact Assessment (PIA) must be completed, provided to the COR, and approved by the VA Privacy Service in accordance with Directive 6507, VA Privacy Impact Assessment.

B.4.5.2. The contractor/subcontractor shall certify to the COR that applications are fully functional and operate correctly as intended on systems using the VA Federal Desktop Core Configuration (FDCC), and the common security configuration guidelines provided by NIST or the VA. This includes Microsoft Edge, Mozilla Firefox, or Google Chrome configured to operate on Windows 10and future versions, as required.

B.4.5.3. The standard installation, operation, maintenance, updating, and patching of software shall not alter the configuration settings from the VA approved and FDCC configuration. Information technology staff must also use the Windows Installer Service for installation to the default "program files" directory and silently install and uninstall.

B.4.5.4. Applications designed for normal end users shall run in the standard user context without elevated system administration privileges.

B.4.5.5. The security controls must be designed, developed, approved by VA, and implemented in accordance with the provisions of VA security system development life cycle as outlined in NIST Special Publication 800-37, Guide for Applying the Risk Management Framework to Federal Information Systems, VA Handbook 6500, Information Security Program and VA Handbook 6500.5, Incorporating Security and Privacy in System Development Lifecycle.

B.4.5.6. The contractor/subcontractor is required to design,…