36C25723Q0778.docx

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 1.

REQUISITION NO.

2. CONTRACT NO.

3.

AWARD/EFFECTIVE DATE

4.

ORDER NO.

5.

SOLICITATION NUMBER

6.

SOLICITATION ISSUE DATE

7. FOR SOLICITATION INFORMATION CALL:

a.

NAME

Nesha Nelson, Contract Specialist

36C25723Q0778

b. TELEPHONE NO. (No Collect Calls) 915-217-1250

8. OFFER DUE DATE/LOCAL TIME 07-07-2023

12:00 MST

9. ISSUED BY CODE

36C257 10.

THIS ACQUISITION IS

X UNRESTRICTED OR

SET ASIDE: % FOR:

Department of Veterans Affairs RPO West / NCO 17

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

El Paso Contracting Office 11495 Turner Road

HUBZONE SMALL BUSINESS

SMALL BUSINESS PROGRAM EDWOSB

NAICS:

624221

El Paso TX 79936-1372

SERVICE-DISABLED

VETERAN-OWNED SMALL BUSINESS

8(A)

SIZE STANDARD:

$12 Million

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 N/A

14. METHOD OF SOLICITATION

15. DELIVER TO

Department of Veterans Affairs Valley Coastal Bend Veterans Healthcare 2601 Veterans Drive

Harlingen TX 78550

CODE

36C740

16. ADMINISTERED BY

See Block #9

X RFQ

IFB

CODE

RFP

36C257

17a. CONTRACTOR/OFFEROR CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY CODE

Financial Services Center (FSC) Department of Veterans Affairs

P.O. Box 149971 Austin TX 78714-8971

PHONE: FAX:

TELEPHONE NO. UEI: EFT:

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

The contractor shall provide residential treatment services for up to ten (10) veterans (male and female) within Corpus Christi (Nueces County), Texas.

See Performance Work Statement and Schedule of Services for further details.

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

X )X 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA X

ARE ARE

ARE NOT ATTACHED. ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED 29.

AWARD OF CONTRACT: REF. OFFER DATED . YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b.

NAME

OF

CONTRACTING

OFFICER

(TYPE

OR

PRINT)

Noel

"Rick"

Ramirez

VA-VHA-RPOW-2023-

30c.

DATE

SIGNED

)30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 1449

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

none

Prescribed by GSA - FAR (48 CFR) 53.212

Table of Contents

52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAR 2023)

36C25723Q0778

Page of

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:

Company Name

Point of Contact

Phone Number

Email Address

Tax ID Number

Unique Entity Identifier (UEI)

b. GOVERNMENT:

Nesha Nelson, Contract Specialist Department of Veterans Affairs RPO West / NCO 17 El Paso Contracting Office 11495 Turner Road El Paso TX 79936-1372 nesha.nelson@va.gov

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.

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

B.2 SCHEDULE OF SERVICE

Item Information

BASE YEAR: 1 OCT 2023 – 30 SEP 2024

ITEM NUMBER

DESCRIPTION OF SERVICES

ESTIMATED

QTY

UNIT

UNIT

PRICE

ESTIMATED

AMOUNT

The requirement is for an estimated 10 beds per day x 365 days for a total of 3,650 beds per year.

OPTION YEAR 1: 1 OCT 2024 – 30 SEP 2025

The requirement is for an estimated 10 beds per day x 365 days for a total of 3,650 beds per year.

OPTION YEAR 2: 1 OCT 2025 – 30 SEP 2026

The requirement is for an estimated 10 beds per day x 365 days for a total of 3,650 beds per year.

OPTION YEAR 3: 1 OCT 2026 – 30 SEP 2027

The requirement is for an estimated 10 beds per day x 365 days for a total of 3,650 beds per year.

OPTION YEAR 4: 1 OCT 2027 – 30 SEP 2028

The requirement is for an estimated 10 beds per day x 365 days for a total of 3,650 beds per year.

This is an Indefinite Delivery, Indefinite Quantity, (IDIQ) fixed-price contract for a base year plus four (12 month) option years. Prices in this schedule represent an all-inclusive rate. In accordance with FAR Clause 52.216-22, the guaranteed minimum amount for this contract is $18,000.00. The maximum aggregate value of the orders that can be placed under this contract is estimated at $1,500,000.00. The Government does not guarantee that it will place any orders under this contract in excess of the guaranteed minimum amount.

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.

B.3 PERFORMANCE WORK STATEMENT

Valley Coastal Bend Corpus Christi Emergency and Transitional Housing

A. PERFORMANCE WORK STATEMENT

The VA Texas Valley Coastal Bend Veterans Healthcare System (VATXVCBHCS), Healthcare for Homeless Veterans (HCHV) Program has a requirement to provide community-based Emergency and Transitional housing for Homeless Veterans.

The place of performance shall be within the city limits of Corpus Christi, TX (Nueces County TX catchment area). The period of performance will be for a base year and four one-year option periods. The contract will be a firm fixed price, indefinite delivery/indefinite quantity contract. All supplies, services, staff and program management will be inclusive within the per day per bed price proposed to the government and no additional costs will be incorporated and will not be reimbursed by the government.

B. GENERAL RESPONSIBILITIES

The Contractor shall provide transitional housing for up to ten (10) veterans who are Homeless. The length of stay will be determined by VA staff but shall not exceed one hundred eighty days (180). Transitional housing services will be provided to both male and female Veterans for whom such care is specifically authorized by the VA. Veterans may have specific mental health issues and some may also be mobility impaired. 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 the 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) or Homeless Program Manager (HPM). Special passes may be authorized in advance at the discretion of the COR, HPM or HCHV staff for up to seventy-two (72) hours. If special circumstances warrant a pass for longer than seventy-two

(72) hours, payment will cease until Veteran returns to the facility. Furthermore, in the event a Veteran is admitted for emergency inpatient hospitalization, the VA will maintain payment for the Veterans resident's bed for up to seventy-two

(72) hours, during which time the bed will be held by the Contractor. If it is determined by the VA that the Veterans will not be returning to the placement prior to those seventy-two (72) hours, the Contractor will be notified, and the VA will cease payment for this Veteran resident. Otherwise, the VA will not pay for unoccupied beds. Basic services provided will include the following described below.

B.1. Contractor shall provide daily residential shelter placement that enhances the stability of Veterans served by the Valley Coastal Bend Health Care for Homeless Veterans (HCHV) program.

B.1.1. Contractor shall have existing programs and facilities in the targeted area of Nueces County, Texas that are fully operational and can start providing services within ten (10) days of contract award.

B.1.2. Contractor shall be responsible for providing sufficient residential capacity to place up to ten (10) Veterans in safe community-based residences with sufficient personnel to assure security with supervision on-site 24 hours a day, 7 days per week.

B.2 Case Management Services. Contractor shall have a Case Manager for Veteran residents on-site at least forty (40) hours per week to provide supportive services in coordination with VA case management staff. Case Manager will complete intake assessment of Veteran residents once referred by the VATXVCBHCS HCHV staff. Additionally, the case manager will provide the following:

B.2.1 Services 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 VA staff.

B.2.2 Assistance to develop responsible living patterns and to achieve a more adaptive level of psychosocial functioning, improved social skills and improved personal relationships.

B.2.3 Support for a drug/alcohol abuse-free lifestyle B.2.4 Instruction in and assistance with health and personal hygiene.

B.2.5 Scheduled visits with each Veteran resident and open office hours to discuss progress towards long term goals established at intake.

B.2.4 Discharge planning in consultation with the HCHV staff in order to work towards permanent supportive housing including assistance with referrals and applications.

B.3 Supportive Services. The Contractor shall provide the following supportive services:

B.3.1 Transportation for Veterans to and from VA medical, dental and mental health appointments.

B.3.2 Storage and monitoring of prescription medications.

B.3.3 Required social services, in collaboration with VA staff and/or other community resources such as assistance in obtaining a driver’s license, birth certificate, DD214, award letters or completing applications or public assistance/services.

B.3.4 Opportunities to participate in spiritual worship.

B.4 Residential Room and Board. The Contractor is required to provide sufficient facilities to accommodate ten (10) Veteran residents. All Veteran residents shall be provided:

B.4.1 Clean and sanitary housing.

B.4.2 One single bed per occupant with fitted sheets, blankets and pillows.

B.4.3 Storage space with locking capability for clothing and personal property.

B.4.4 Toiletries and bath linens (soap, toothbrush, toothpaste, towels, washcloths, deodorant, feminine products).

B.4.5 Indoor recreation/lounging areas.

B.4.6 Laundry. Laundry facilities and laundry detergent shall be provided for Veteran residents to do their own laundry or have laundry done.

B.5 Referral Process.

B.5.1 The COR, HPM or VA liaison in collaboration with the existing community homeless program staff shall identify and refer Veteran residents to the Contractor.

B.5.2 Veteran residents shall receive a clinical assessment by the VA before being referred to the Contractor.

B.5.3 The COR, HPM or VA liaison shall arrange admission of the Veteran resident with the Contractor. The Contractor shall record the date and time of admission in the Veteran resident’s file and will provide that information to HCHV staff.

B.5.4 VA arranged admissions of Veterans shall not include treatment and/or residence of Veterans beyond 90 calendar days, unless the COR, HPM or VA liaison has specifically provided an extension authorization. Extension authorizations may allow for an additional ninety (90) days but for no more than a total of one hundred eighty (180) days.

B.6 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/sign-out sheets. When requested, the Contractor shall provide to the VA:

B.6.1 All essential identifying data relevant to the Veteran resident including a psychosocial assessment B.6.2 The intake assessment and continuing care plan developed with the consultation of the Veteran resident and HCHV staff.

B.6.3 Reports of any major incidents involving Veteran residents (e.g., arrest, relapse, Fighting, inappropriate behavior, etc) and the Contractor shall immediately notify the VA staff after occurrence via e-mail. A written incident report shall be provided by the Contractor to the COR and HPM within 24 hours of the incident via e-mail.

B.6.4 Copies of any medical prescriptions or instructions issued by VA physicians, including orders, if any, for medications to be taken.

B.6.5 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.

B.6.6 Notification to the COR, HPM and VA liaison immediately via e-mail of all Veteran discharges.

B.6.7 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 COR, HPM and VA liaison within 24 hours of discharge from the program.

B.6.8 Individual case records will be maintained in confidence as required by U.S.C. Title 42, Chapter I, Part II, “Confidentiality of Alcohol and Drug Abuse Patient Records” found at http://www.hhs.gov/ohrp/archive/documents/19750701.pdf. Records will be accessible to the evaluation study required by Congress.

B.6.9 Periodic Reports (e.g., Fiscal Accountability) as required and/or requested.

B.6.10 Veteran resident’s care under this contract.

B.6.11 Daily program census will be sent to COR, HPM, VA liaison and HCHV staff via email which at a minimum will include number of Veterans in each level of care.

B.7. Dietetic Services. Contractor shall have on-site kitchen facilities permitted and licensed by the State of Texas Health Division. In addition, the Contractor shall:

B.7.1 Provide at least three (3) nutritious meals served daily at regular times with not more than a fourteen (14) hour span between evening meal and breakfast of the following day. Two (2) Between-meal or bedtime snacks of a nourishing quality shall be offered. Water and coffee shall be made available to Veterans upon their request.

B.7.2 Serve food that is prepared and stored under safe and sanitary conditions as prescribed by the Texas State Health Division.

B.7.3 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.

B.7.4 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.

B.8. Medications Including Controlled Substances.

B.8.1 The Contractor shall have staff on-site 24 hours per day, 7 days per week, to monitor Veteran residents’ medications.

B.8.2 Medications shall be stored in a locked storage unit and accessible only to staff.

B.8.3 Medications will be monitored by staff according to physician’s orders and shall be documented in a log as well as the Veteran resident’s medical file.

B.9 Transportation.

B.9.1 Contractor shall provide Veteran residents transportation to medical, dental or mental health appointments at VA Medical facilities. Contractor will also provide transportation for job and housing search efforts. If Veteran does not require mobility assistance and VA staff have determined the Veteran to be capable of transporting independently, Contractor can provide voucher for use of public transit.

B.9.2. Transportation vehicles shall be wheelchair accessible and meet the guidelines of the American with Disabilities Act.

B.9.3 The manufacturer’s rated seating capacity of the vehicle shall not be exceeded.

B.9.4 Motor vehicles used to transport clients shall be maintained in a safe operating condition.

B.9.5 Only drivers licensed and insured for the type of vehicle operated shall be permitted to transport Veteran residents.

B.10 Drug and alcohol screening B.10.1 Contractor shall perform drug and alcohol screening on all Veteran residents upon admission to the facility.

B.10.2 Contractor agrees to perform ongoing drug and alcohol screening on Veteran residents randomly, upon return from passes, when a Veteran is suspected of being under the influence or upon the request from HCHV staff. Contractor agrees to communicate results via e-mail with HCHV staff.

C. QUALIFICATIONS/ACCREDITATION/LICENSING/STAFF

C.1 Accreditation and Licensing.

C.2 Contractor staff shall maintain active standing with the licensing boards in their respective professions in accordance with the below requirements.

C.3 Counseling Staff/Case Managers shall be licensed by the State of Texas.

C.4 All technical and professional staff shall be certified in Basic Life Support (BLS). American Heart Association is preferred.

C.5 Contractor shall have a certificate of liability for all services provided at their facility.

C.6 Staffing. Contractor shall provide sufficient staff in number and position and with the qualifications necessary to carry out policies, responsibilities and programs of the facility.

C.7 Texas Department of Health and Human Services requirements. The Contractor must perform the required work in accordance with the Texas Department of Health and Human Services Substance Abuse Prevention and Treatment Agency Program guidelines.

D. DESCRIPTION AND STANDARDS OF FACILITIES

D.1 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 of abuse of alcohol or drugs.

D.2 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&cookies%5Ftest=1.

D.3 The Contractor facility shall meet all City, County and State requirements concerning licensing and health codes.

D.4 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.

D.5 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.

D.6 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.

D.7 A change of facility or services affecting this contract shall be reported to the COR and Contracting Officer at least 60 days prior to allow the VA time to review and inspect the newly proposed facility.

E. SITE INSPECTION

E.1 Contractor shall conduct routine and random inspections upon suspicion or incident of HCHV Services area and Veteran rooms monthly for weapons, illicit drugs or paraphernalia.

E.2 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.

REFER TO SECTION D: ATTACHMENT: INSPECTION CHECKLIST.

F. ORDERING ACTIVITIES AND OFFICES.

F.1 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 limitation 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.

F.2 The Contractor shall not accept any instruction 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 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.

G. EMERGENCY PLAN

G.1 It is agreed that the Contractor shall notify the COR, HPM and VA liaison immediately when a medical emergency or hospitalization of a Veteran resident occurs via e-mail. 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.

G.2 In the event a Veteran resident under this contract dies, the facility shall promptly notify the COR, HPM and VA liaison immediately via e-mail. Contractor shall assemble, inventory, and safeguard the Veteran resident’s personal effects. Any fund deposits and 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 funds and effects left by the Veteran resident, unless the beneficiary died without leaving a will, heirs, or next of kin capable of inheriting.

G.3 When disposition has been made of the itemized inventory of the funds and effects, the Contractor shall notify the COR and HPM should a deceased Veteran resident leave no will, heirs or next of kin, his/her personal property and funds, 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 and funds in its possession to the appropriate VA office and shall hold them (except articles of clothing necessary for proper burial) under safeguard until instructions are received from the COR/HPM.

H. CONFLICT OF INTEREST

H.1 The Contractor is required to inform the VA if any of the employees or relatives providing services under this contract are also federal employees.

H.2 The Contractor shall not act as a Fiduciary or a Guardian for any Veteran resident nor provide any assistance to Veteran residents outside the scope identified in the performance work statement without written prior approval from the Contracting Officer.

I. CONTRACTOR LIAISON

I.1 The Contractor shall designate at least one (1) employee who shall be responsible for the performance of 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.

J. STANDARD OF CONDUCT

J.1 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, physical, emotional or verbal 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_practioners/lawsregulations.

J.2 All complaints, written or verbal, made by anyone regarding treatment or care provided to Veterans under this contract will be reported to the COR/Contracting Officer. In the event that Contractor personnel are involved and named in a validating 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 COR/Contracting Officer.

K. DRUG AND ALCOHOL SCREENING

K.1 The Contractor is responsible for ensuring their employees are not using alcohol or illegal drugs and shall conduct random alcohol and drug testing at least once per year to ensure an alcohol and drug free environment. Contractor personnel are also subject to alcohol and drug testing when there is a reasonable suspicion that they are using or are impaired by alcohol or illegal drugs while on duty. Reasonable suspicion of alcohol or drug use or impairment includes but is not limited to the following:

K.2 Observable phenomena, such as direct observation of alcohol or drug use, possession or the physical symptoms of being under the influence of alcohol or drugs.

K.3 A pattern of abnormal conduct or erratic behavior.

K.4 Arrest or conviction for an alcohol or drug related offense or the identification of a Contractor physician as the focus of a criminal investigation into illegal drug possession, use or trafficking.

K.5 Information provided either by reliable or credible sources or independently corroborated; or newly discovered evidence that the Contractor personnel has tampered with a previous drug or alcohol test.

L. PATIENT SENSITIVITY

L.1 Contractor health care providers shall respect and maintain the basic rights of patients, demonstrating concern for personal dignity and human relationships.

M. HEALTH REQUIREMENTS

M.1 The Contractor shall certify that their employees have received the following testing/immunizations within the past year and will maintain coverage during the contract period:

M.2 Tuberculosis testing – the PPD test of radiological exam shall be repeated annually.

M.3 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.

M.4 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.

M.5 Health restrictions – Contractor personnel shall have no health or physical disability restrictions which will interfere with the performance of their duties.

M.6 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 to the Contractor at no cost to the Government.

M.7 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.

M.8 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 (CDC) health records requirements, for each individual Contractor employee.

N. MEDICAL RECORDS

N.1 Clinical or other medical records of Veteran residents treated by Contractor personnel under this contract are considered contractor 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, 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.

O. RELEASE OF MEDICAL INFORMATION

O.1 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 the VA employees directly 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 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, fount at the link in clause at: http://www.iprm.oit.va.gov/Security_and_Privacy_Requirements_for_Contractors.asp.

P. COMPUTER SECURITY

P.1 In the performance of official duties, if the Contractor personnel have regular access to printed and electronic files containing sensitive data, the 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 for 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.

Q. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA)

Q.1 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 hardcopy 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 workstations. Contractor personnel will ensure that hard copy Veterans 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.

Q.2 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 services contracted with 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.

Q.3 That the undersigned understands that all parties are bound by the requirements of HIPAA 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.

R. QUALITY ASSURANCE AND PERFORMANCE MONITORING

R.1 Contractor will be held to the same standards as VA personnel through the Quality Assurance Surveillance Plan (QASP). The QASP will be governed by the appointed COR who will be responsible for verifying compliance with the terms and conditions of this contract. After the contract is awarded, any incidents as evidenced by the QASP will be forwarded immediately to the Contracting Officer. In addition, the COR will forward the summary evaluation in accordance with the QASP of the Contractor performance to the Contracting Officer once the performance ends.

S. HHS/OIG REQUIREMENTS

S.1 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 Lists of Excluded Individuals/Entities.

T. CONTINUING MEDICAL EDUCATION (CME) REQUIREMENTS

T.1 Contractor personnel registered by national associations shall continue to meet the minimum standards for CME and the VATXVCB Healthcare System Bylaws and Rules to remain current as prescribed by legal requirements. CME is the sole responsibility of the Contractor and shall be obtained at No additional cost to the Government and shall be reported to the COR annually during annual inspection.

U. EVIDENCE OF INSURANCE COVERAGE

U.1 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.

V. PERSONNEL POLICY

V.1 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 to its personnel:

V.1.1 Worker’s compensation V.1.2 Professional liability insurance

V.1.3 Health examinations V.1.4 Income tax withholdings V.1.5 Social Security withholdings V.1.6 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 Valley Coastal Bend Veterans Healthcare System employees for any purpose and shall be considered employees of the Contractor. There is a no employer-employee relationship between the VA and the Contractor or the Contractor’s employees.

W. FACILITY HOURS

W.1 The Contractor’s residential treatment facility’s hours of operation will be twenty-four (24) hour per day, seven (7) days per week, three hundred sixty-five (365) days per year. The Healthcare for Homeless Veteran (HCHV) program office is open Monday – Friday 8:00 am to 4:30 pm.

X. OVERTIME PAY, HOLIDAY PAY, NATIONAL HOLIDAYS

X.1 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.

X.2 Listed below are the eleven (11) 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 the 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.

· New Year’s Day January 1st

· Martin Luther King’s Birthday Third Monday in January

· President’s Day Third Monday in February

· Memorial Day Last Monday in May

· Juneteenth National Independence Day June 19th

· Independence Day July 4th

· Labor Day First Monday in September

· Columbus Day Second Monday in October

· Veterans Day November 11th

· Thanksgiving Day Fourth Thursday in November

· Christmas Day December 25th

Y. INVOICE AND PAYMENT

Y.1 Payment is made monthly in arrears. Contractor shall submit invoices in original form via VA's Electronic Invoice Presentment and Payment System (See Web site http://www.fsc.va.gov/einvoice.asp. Invoices submitted for payment shall be reviewed for accuracy, verified against this contract schedule of services information 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.

Y.2 The invoice shall be itemized to include the following information:

· Veteran’s name

· Last four of social security number

· Date of entry

· Period in supportive housing and days in the program

· Total cost billed to the VA Y.3 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.

Y.4 Veteran residents shall not be invoiced for services.

Z. POST AWARD PERFORMANCE CONFERENCE

Z.1 Successful Contractor shall participate in a post-award orientation conference. Conference will include the Contracting Officer, COR, Program Manager, Contractor and others designated. They may meet quarterly thereafter to ensure that the Contractor is meeting and/or exceeding the contract requirements.

B.4 IT CONTRACT SECURITY

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY

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.

2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

a. 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. 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 VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.

c. 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.

d. 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.

e. 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.

3. VA INFORMATION CUSTODIAL LANGUAGE

a. 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. 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 on site inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements.

c. Prior to termination or completion of this contract, 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.

d. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose…