36C25723Q0850_1.docx

36C25723Q0850

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

36C257-23-AP-3023

36C25723Q0850 07-1 -2023 Carolyn Reneau carolyn.reneau@va.gov 214-836-0603 08- -2023 2:00pm

CDT

36C257 Department of Veterans Affairs VHA RPO West – NCO 17 Health Care Resources Branch I 11495 Turner Rd El Paso TX 79936-0603 Carolyn Reneau 214-836-0603 carolyn.reneau@va.gov X Y 624221 $1 3.5 Million Net 30 days N/A X 36C674 Department of Veterans Affairs Social Work Service Central Texas Veterans Health Care 1901 Veterans Memorial Drive Temple TX 76504-7445 See Block 9

Financial Services Center (FSC) Department of Veterans Affairs Submit invoices IAW VAAR 852.232-72 P.O. Box 149971 Austin TX 78714-8971

(877) 353-9791

(512) 460-5540 See CONTINUATION Page The Contractor shall be expected to provide safe emergency community-based residential housing and quality services for homeless Veterans and Veterans with dependents (a spouse and/or children) referred by the Health Care for Homeless Veterans (HCHV) program staff in Temple Texas.

Contractor must have facilities for an estimated fifteen (15)

Veterans along with services consistent to meet HCHV program objectives.

Schedule of supplies and Performance Work Statement starts on Pages 5 through 18 Authority:38 U.S.C.

§8153-Sharing of Health-Care Resources Procedures: FAR 13 Simplified Acquisition Procedures See Addendum to FAR 52.212-1 for submittal Instructions on Pages 43 through 44 See CONTINUATION Page X X X Carlos Jaquez, Contracting Officer

VA-VHA-RPOW-2022-249454

Table of Contents

E.9 VAAR 852.239-75 INFORMATION AND COMMUNICATION TECHNOLOGY ACCESSIBILITY NOTICE FEB 2023 48

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

ADMINISTRATION: All administration matters will be handled by the following individuals:

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

Point of Contact:

Title:

Phone:

Email:

2. GOVERNMENT: The Contracting Officer/Contract Specialist for Administration named below is responsible for the overall administration of the contract.

The Contractor is advised that only the Contracting Officer, acting within the scope of the contract and his/her duties and responsibilities and, after advice and consultation with the Contracting Officer's Representative (COR), has the authority to make changes which effect contract prices, quality, quantity, delivery terms and conditions, or the term of the contract.

In no event, shall any understanding or agreement, modification, change order, or other matters in deviation from the terms of this contract between Contractor and a person other than the Contracting Officer, be effective or binding upon the Government. All such actions must be formalized by the proper contractual document executed by the Contracting Officer.

3. CONTRACTING OFFICER'S REPRESENTATIVE: Prior to award, the Contracting Officer will designate a VA Medical Center employee as COR. All work coordination shall be made through the COR. The Contractor shall be provided a copy of the letter of delegation authorizing the COR at the commencement of the term of this agreement. No other person shall be authorized to act in such capacity unless appointed in writing by the Contracting Officer.

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

5. INVOICES: Invoices shall be submitted in arrears:

6. GOVERNMENT INVOICE ADDRESS: All invoices from the Contractor shall be electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests. Invoicing shall be in accordance with the requirements of The Department of Veterans Affairs (VA) Financial Services Center (VAFSC). The latest information shall be used for invoicing and payments and may change during the Period of Performance of this acquisition. Currently Invoicing information is located at http://www.fsc.va.gov/einvoice.asp.

For inquires only:

7. POST AWARD ORIENTATION: The Contracting Officer will schedule a post award orientation for contract orientation purposes as required by VA Acquisition Manual, Part M842.502-70. (If Applicable)

8. SECURE FAX: This fax is intended only for the use of the person or office to which it is addressed and may contain information that is privileged, confidential, or protected by law. All other are hereby notified that the receipt of this fax does not waive any applicable privilege or exemption for disclosure and that any dissemination, distribution, or copying of this communication is prohibited. If you have received this fax in error, please notify this office immediately at the telephone number listed above.

9. MANDATORY WRITTEN DISCLOSURES: Mandatory written disclosures required by FAR clause 52.203-13 to the Department of Veterans Affairs, Office of Inspector General (OIG) must be made electronically through the VA OIG Hotline at http://www.va.gov/oig/contacts/hotline.asp and clicking on "FAR clause 52.203-13 Reporting." If you experience difficulty accessing the website, call the Hotline at 1-800-488-8244 for further instructions.

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

(End of Administration Data)

B.2 Price/Cost Schedule The Contractor shall be expected to provide safe emergency community-based residential housing and quality services for homeless Veterans and Veterans with dependents (a spouse and/or children) referred by the Health Care for Homeless Veterans (HCHV) program staff. Goal is to provide services to enhance the stability of homeless Veterans served by HCHV. Housing will be available 24/7, 7 days a week. Placement can be up to 90 days with a 90-day extension based on approval by the program contact. The goal is that a minimum of 65 percent of Veterans will successfully discharge to independent living in the community.

Contract Type:

The Government contemplates award of a Fixed-Price (FP), Indefinite Delivery Indefinite Quantity (IDIQ) contract resulting from this solicitation.

Place of Performance:

At Contractor’s Facility Pricing Instructions:

Pricing information shall be submitted as a fixed price. The quoted rate shall be submitted as an all-inclusive rate. Pricing shall be valid for 90 days after RFQ closing date.

Minimum/Maximum Limitations:

The duration of the contract will be for one (1) year from the date of an initial contract award with four (4) additional one-year option periods. The total amount that may be paid under this contract (including option years) shall not exceed $3,500,000.00 for the entire contract term. The minimum guarantee for the entire contract term (including option years) will be satisfied $3,500.00 per contract. The options may be exercised within the time frame specified in the resultant contract at the sole discretion of the Government subject to workload and/or satisfaction of performance under the subject contract. There will be no dollar limit per task order and no dollar limit per year. No other general notification to firms for other similar projects performed under this contract will be made.

Estimated start date is October 01, 2023, with the following established minimum and maximum ordering limitations as stated above:

**As previously stated, these limitations are based on the entire contract period to include all options. ** Orders:

Orders shall be placed against this IDIQ contract at the time of contract award, and as needed during the term of the contract. The Task Orders shall specify the estimated quantities of services for the period of performance and shall comply with FAR 52.216-18 and 52.216-19.

Ordering Procedures:

Only the Contracting Officer may place orders against resultant IDIQ contracts following this solicitation. Any changes to the below schedule of services shall only be made via written modification that is formally executed by the Contractor and Contracting Officer.

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 offer/bids relative to each other, and will not affect the ranking of offer/bids based on price, unless, after reviewing the offer/bids, 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.

Period of Performance:

Base Year: October 1, 2023 to September 30, 2024

Option Year 1: October 1, 2024 to September 30, 2025

Option Year 2: October 1, 2025 to September 30, 2026

Option Year 3: October 1, 2026 to September 30, 2027

Option Year 4: October 1, 2027 to September 30, 2028

Grand Total: $___________________________

(End of Schedule of Services)

36C25723Q0850

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B.3 PERFORMANCE WORK STATEMENT:

1. General Responsibilities: The Contractor shall be expected to provide safe emergency community-based residential housing and quality services for homeless Veterans and Veterans with dependents (a spouse and/or children) referred by the Central Texas Health Care for Homeless Veterans (HCHV) program staff. Goal is to provide services to enhance the stability of homeless Veterans served by HCHV. Housing will be available 24/7, 7 days a week. Placement can be up to 90 days with a 90-day extension based on approval by the program contact. The goal is that a minimum of 65 percent of Veterans will successfully discharge to independent living in the community.

Contractor shall have existing programs and facilities in Temple, Texas that is fully operational and can start providing services within 10 days of contract award.

Background: Through Health Care for Homeless Veterans Program (HCHV), the VA provides case management services to Veterans and facilitates their access to a broad range of medical, mental health and rehabilitative services. HCHV's goal is to engage homeless Veterans in treatment and place them in a safe and secure environment that supports their rehabilitation goals.

The HCHV Program, an essential and critical part of the Veteran's Health Administration (VHA), is vital for providing a gateway to VA and community supportive services for eligible Veterans who are homeless. The HCHV contract programs for homeless Veterans is a vital program focused on addressing the needs of the most vulnerable Veterans. Ensuring that Veterans who are homeless can be placed in community-based programs which provide safe, quality housing and services that meet the needs of this special population is a particular focus of the HCHV program.

The purpose of this RFQ is to engage a community provider(s) (contractor(s)) who will provide transitional housing for an estimated fifteen (15) Veterans along with services consistent to meet HCHV program objectives for up to 90 days with possible extension approved by COR. The goal of this contract is to remove homeless Veterans from the street or habitation unfit for Veterans and place them in community-based, emergency housing services to provide clinical case management with supportive services, life skills training, sobriety maintenance and mental health recovery education, vocational and housing counseling services to aid the veterans in reaching goals of attaining permanent housing successfully while in the program and maintaining stability.

The U.S. Department of Veterans Affairs (VA) has a requirement for a Contractor(s) to assist with the provision of residential placement and supportive services through the Health Care for Homeless Veterans (HCHV) program. This contract shall serve homeless Veterans in need of immediate, same day admission to housing in a safe environment in Bell County. Many of these veterans have co-morbid conditions that include serious mental illnesses, substance abuse disorders, and other serious medical conditions. Contractor shall provide admission 24 hours a day, 7 days a week. Same admission is expected.

Entities that are interested in providing Veterans these services should be aware that this contract seeks services for the area of Temple, Texas. This program continues to expand and has become one of the largest VA interventions to assist homeless Veterans. It is also the first VA specialized homeless program developed by the VA. It represents one of VA’s most significant efforts to achieve the President’s goal of ending homelessness among Veterans.

Through this contract, the contractor supports Veterans served by HCHV by expediting daily placement of these Veterans into safe, emergency housing with supportive services. This housing must meet the criteria established both by HCHV clinical staff and VA fire and safety officials.

2. Emergency Housing Facilities and Management: The Contractor must have site control of the housing facility through ownership or a valid lease.

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 transitional housing.

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

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

The Contractor’s facility shall meet applicable requirements of the Joint Commission on Accreditation of Hospitals, reference at Hospital Accreditation | The Joint Commission

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

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.

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.

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

Men and women must have separate bathroom facilities. The facilities must have female residential rooms or sections that are securely segregated or restricted from men to ensure safety and privacy. If the facility cannot accommodate both male and female Veterans at one location, the provider must make available equivalent facilities and services for the opposite gender that meet the terms of the contract for facilities and services.

3. Case Management Services:

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

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

· Instruction in and assistance with health and personal hygiene.

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

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

· Linkage to community or VA resources as needed.

4. Supportive Services:

The Contractor shall provide the following supportive services:

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

· Opportunities to participate in spiritual worship.

· Employment access and retention support through training, collaboration and practical resources.

5. Residential Room and Board: The Contractor is required to provide sufficient facilities to accommodate up to fifteen (15) Veteran residents. All Veteran residents shall be provided:

· Clean and sanitary housing.

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

· Storage space with locking capability for clothing and personal property.

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

· Indoor recreation/lounging areas.

· Access to a computer with internet and a printer.

The Department of Veterans Affairs (VA) will pay per diem up to a maximum of 48 consecutive hours for the unscheduled absence or 96 hours for the scheduled absence of a Veteran under the following conditions:

Scheduled Absences.

· To receive payment, the absence must: Be pre-planned, consistent with and support the Veteran’s individual service plan (e.g., family reunification, short term medical, substance use disorder (SUD) or psychiatric treatment).

· Have the reason documented in the individual Veteran’s case file, treatment record, or service plan.

· Not result in the bed being filled by the provider.

· Not be for a break or vacation from treatment.

· Not be used for extended educational or employment circumstances.

· Not be used to create more than 4 consecutive days of absence.

Unscheduled Absences.

· To receive payment for an unscheduled absence:

· The provider must have evidence of active outreach to locate and reengage the Veteran and document the steps taken in the Veterans individual case file, treatment record, or service plan.

· The provider may not fill the bed.

· The Veteran must be discharged from the HCHV CRS program if not located within 48 hours.

6. Inpatient Hospitalization: HCHV Contract Emergency Residential Services (CERS) programs will pay per diem payment to provider if a Veteran requires inpatient medical or psychiatric treatment for a period of up to 3 days if plan is for Veteran to return to CERS providing bed has not been filled.

7. Ineligible Veteran: When a Veteran is admitted to a HCHV CRS program and found to be ineligible for HCHV CRS, VA will pay for a maximum of 4 days from the day of admission to allow the provider and HCHV CRS Liaison time to locate and arrange alternate placement.

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

9. Referral Process:

The HCHV case manager shall identify and refer Veteran residents to the Contractor. Veteran residents shall receive a clinical assessment by the VA before being referred to the Contractor. In addition, a negative TB screen within the last 6 months will be required prior to referral. A negative COVID test is required for admission unless isolation location is available.

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

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

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

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

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

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

· 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.

· Notification to the COR within 24 hours of discharge.

· Discharge summaries on each Veteran resident who leaves the program, to include reason for leaving, the Veteran resident’s future plans, and follow-up locator information, shall be provided to the HCHV case manager within 24 hours of discharge from the program.

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

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

Provide at least three (3) nutritious meals served daily at regular times with not more than a 14-hour span between evening meal and breakfast of the following day. Between-meal or bedtime snacks of a nourishing quality shall be offered, i.e., fruits, vegetables, protein sources. This is to include alternative meals or food supplies for Veterans with dietary restrictions if medically indicated (e.g., diabetic, renal, and soft mechanical diets) and reasonable accommodation for Veterans with cultural/religious preferences around food (e.g., Kosher, Sikh).

Serve food that is prepared and stored under safe and sanitary conditions as prescribed by the Texas State Health Division website at:

F-1800 Food Service Requirements | Texas Health and Human Services 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.

Provide for the dietary needs of all Veteran residents by maintaining compliance with USA nutrition standards and dietary guidelines found at: Home | Dietary Guidelines for Americans

12. Transportation:

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

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

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

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

13. Qualifications/Accreditation/Licensing/Staff:

a. Accreditation and Licensing.

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

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

14. Description and Standards of Facilities:

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

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

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

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

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

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

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

15. Ordering Activities and Offices:

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

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

16. Emergency Plan:

17. Conflict of Interest:

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

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

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

Contractor Liaison: _____________________

Email Address:

Phone: ____________

Fax: ___________

19. Standard of Conduct:

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

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

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

21. Patient Sensitivity: Contractor health care providers shall respect and maintain the basic rights of patients, demonstrating concern for personal dignity and human relationships.

22. Health Requirements:

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

23. Clinical Records:

NARA Records Management Language for Contracts (May 2017)

1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

3. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

4. Central Texas Veterans Health Care System (CTVHCS) and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of [Agency] or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to CTVHCS. The agency must report promptly to NARA in accordance with 36 CFR 1230.

5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records, or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to CTVHCS control, or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the contract. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

6. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and CTVHCS guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with CTVHCS policy.

8. The Contractor shall not create or maintain any records containing any non-public CTVHCS information that are not specifically tied to or authorized by the contract.

9. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

10. The CTVHCS owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which CTVHCS shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

11. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take CTVHCS -provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

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

24. Release of Medical Information:

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

Veteran resident’s demographics shall be treated as privileged information. The Contractor shall only release medical information obtained during the course of this contract to VA employees involved in the care and/or treatment of the Veteran residents. The Contractor personnel shall make sure no Veteran resident information of any type is given to outside parties, agencies or organizations of any type without the expressed written consent of the Veteran resident and the VA and only in capacities directly related to the provision of the services contracted in this instrument. Lists, names, and/or social security numbers of Veteran residents shall not be disclosed or revealed in any way, for any use outside the Contractor’s facility or without prior express written permission of the Contracting Officer or the Veteran resident. That only the minimum necessary Veteran resident information is used to provide appropriate service to the correct Veteran resident. Transcribed reports containing personal identifiers, when not used as an official document, must be shredded by the Contractor. The Contractor is subject to the same penalties and liabilities for unauthorized disclosures of such records as VA personnel as prescribed in VAAR Clause 852.273-75 listed in Section C of this document with attention given to VA Handbook 6500.6, Contract Security Requirements for Unclassified Information Technology Resources, found at the link in the clause at https://www.va.gov/vapubs/viewPublication.asp?Pub_ID=1254&FType=2

25. Computer Security:

The C&A requirements do not apply, and a Security Accreditation Package is not required.

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

The contractor, their personnel, and their subcontractors shall be subject to the…