36C25723Q0941.docx

36C25723Q0941

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1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

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

none 36C25723Q0941 08-0 -2023 Nesha Nelson, Contract Specialist 915-217-1250 08-1 -2023

12:00 PM

MDT

36C257 Department of Veterans Affairs El Paso Contracting Office RPO West / NCO 17 11495 Turner Road El Paso TX 79936-1372 Nesha Nelson nesha.nelson@va.gov X 623220 $19 Million N/A X 36C674 Department of Veterans Affairs Central Texas Veterans Health Care Syste m 1901 Veterans Memorial Dr Temple TX 76504 36C257 See Block #9 none Financial Services Center (FSC) Department of Veterans Affairs P.O. Box 149971 Austin TX 78714-8971 The contractor shall provide Community-Based Residential Treatment Services for Homeless Veterans with a primary diagnosis of Substance Abuse Disorder in the city limits of Austin and Waco, Texas.

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

X X X Noel "Rick" Ramirez

VA-VHA-RPOW-2023-0030

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

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 El Paso Contracting Office RPO West / NCO 17 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 Services

ITEM INFORMATION

Base Year: October 1, 2023 - September 30, 2024 *NSP - Not Separately Priced)

(Estimated Maximum Bed Space for 12 Months is 3,660)

Option Year One: October 1, 2024 - September 30, 2025 *NSP - Not Separately Priced)

(Estimated Maximum Bed Space for 12 Months is 3,650)

Option Year Two: October 1, 2025 - September 30, 2026 *NSP - Not Separately Priced)

(Estimated Maximum Bed Space for 12 Months is 3,650)

Option Year Three: October 1, 2026 - September 30, 2027 *NSP - Not Separately Priced)

(Estimated Maximum Bed Space for 12 Months is 3,650)

Estimated Grand Total

This is an Indefinite Delivery, Indefinite Quantity, (IDIQ) fixed-price contract for a base year plus three (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 $20,000.00. The maximum aggregate value of the orders that can be placed under this contract is estimated at $6,932,479.00. 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.

36C25723Q0941

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B.3 PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT

The Central Texas Veterans Health Care System, Healthcare for Homeless Veterans (HCHV) program, 1901 Veterans Memorial Drive, Temple, Texas 76504, has a requirement to provide community-based Residential Treatment Services for Homeless Veterans with a primary diagnosis of Substance Abuse Disorder in the city limits of Austin and Waco, Texas. The period of performance of the resulting Contract will be for a base year and three (3) one-year option periods. This contract represents a Firm, Fixed-Priced, 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.

DESCRIPTION/SPECIFICATIONS

1. GENERAL RESPONSIBILITIES

Contractor shall provide residential treatment services for Dual Diagnosed Homeless Veterans with a primary diagnosis of Substance Abuse Disorder. Services will be furnished to both male and female Veterans who are homeless and 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 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). 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 three days, 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, the Contractor will be notified, and the VA will cease payment for this Veteran resident. Otherwise, the VA will not pay for unoccupied beds. Negative drug screens will not be a requirement for admission.

Basic services provided will include, but not be limited to:

A. Substance Abuse Treatment: The Contractor’s facility will offer comprehensive substance abuse treatment to include:

a. Structured individual counseling and group activities utilizing Evidence Based Practices (i.e., CBT, MI, etc.) and non-EBP activities such as Alcoholics Anonymous, Narcotics Anonymous, family support/education, crisis intervention, and relapse prevention.

b. Clinical supervision on-site 24 hours per day by social workers licensed by the state of Texas.

B. 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 of 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:

a. 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.

b. Education regarding appropriate health and personal hygiene and discussion/initiation of referrals to assist with health and personal hygiene as appropriate (i.e., non-skilled home health, community referrals, etc.).

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

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

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

a. Contractor shall provide transportation to scheduled medical, dental, or mental health appointments. This may include funds for public transportation/bus tokens. For Veterans who lack the ability to effectively utilize public transportation independently, the Contractor will provide alternate transportation such as taxi/ride share or direct transportation by Contract staff to meet the clinical needs of the Veteran resident. Transportation vehicles shall be wheelchair accessible and meet the guidelines of the American with Disabilities Act.

b. Storage and monitoring of prescription medications.

c. Required social services, in collaboration with VA staff and/or other community resources such as assistance in obtaining a driver’s license, a DD Form 214, or completing applications for public assistance/ services.

d. Opportunities to participate in spiritual worship.

D. Residential Room and Board: The Contractor must have a permanent building structure (not modular) that accommodates semi-private (no more than 6 residents to a room) ADA accessible bedrooms for a total of 20 Veteran residents. Rooms with partial walls are not acceptable. Walls must go floor-to-ceiling. Rooms must have a door and not involve unauthorized passage through another dwelling unit. If private bedrooms and bathrooms are provided, the minimum square footage combined is 120sqft. The bedroom and bathroom do not need to be attached; in which case the walkway would not usually count towards the square footage calculation. The bathroom must include shower and/or tub, sink, and toilet and be ADA accessible. All Veteran residents shall be provided:

a. Clean and sanitary housing.

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

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

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

e. Indoor recreation/lounging areas.

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

F. Referral Process:

a. The COR in collaboration with the existing community homeless program staff shall identify and refer Veteran residents to the Contractor.

b. Veteran residents shall receive a clinical assessment by the VA before being referred to the Contractor. Screening for contagious illnesses (i.e., TB, COVID19, etc.) may be required before entry.

c. The COR shall arrange admission of the Veteran residents with the Contractor. 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.

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

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

a. All essential identifying data relevant to the Veteran resident including a Biopsychosocial assessment.

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

c. 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 COR within 24 hours of the incident.

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

e. 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.

f. Notification to the HCHV Liaison within 48 hours of discharge.

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

h. 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 eCFR :: 42 CFR Part 2 -- Confidentiality of Substance Use Disorder Patient Records Records will be accessible to the evaluation study required by Congress.

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

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

k. The 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. The Veteran must be exited from the program if not located within 48 hours.

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

a. 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.

b. Serve food that is prepared and stored under safe and sanitary conditions as prescribed by the Texas State Health Division website at Foodborne Illness | Safety (texas.gov)

c. 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.

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

e. Menus for each meal will be posted weekly.

I. Medications Including Controlled Substances:

a. The Contractor shall have state certified Medication Management staff on-site 24 hours per day, 7 days per week, to manage and dispense Veteran residents’ medications.

b. Medications shall be stored in a locked storage unit and accessible only to Medications Management staff.

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

J. Transportation:

a. Contractor shall provide transportation to scheduled medical, dental, or mental health appointments. This may include funds for public transportation/bus tokens. For Veterans who lack the ability to effectively utilize public transportation independently, the Contractor will provide alternate transportation such as taxi/ride share or direct transportation by Contract staff to meet the clinical needs of the Veteran resident. Transportation vehicles shall be wheelchair accessible and meet the guidelines of the American with Disabilities Act.

b. The manufacturer's rated seating capacity of the vehicles shall not be exceeded. Each resident will be required to wear seatbelt while in moving vehicle.

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

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

2. QUALIFICATIONS/ACCREDITATION/LICENSING/STAFF

A. Accreditation and Licensing:

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

i. Counseling Staff shall be licensed to provide therapeutic services by the State of Texas and must hold a bachelor’s degree. Acceptable licensing includes (LPC, LMSW, LCSW, LCDC). Licensed Clinical Social Workers is preferred.

ii. Case Manager shall be licensed to provide therapeutic services by the State of Texas and must hold a bachelor’s degree. Acceptable licensing includes (LPC, LMSW, LCSW, LCDC). Licensed Clinical Social Workers is preferred.

iii. Medications Technicians shall be certified by the Texas Bureau of Health Care and Quality Compliance for medications management.

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

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

i. 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.

d. 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 found at Agency Action Plan to Address Substance Use | Texas DSHS

3. DESCRIPTION AND STANDARDS OF FACILITIES

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

a. 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.

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

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

E. 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.

F. Contractor’s facility that is used to provide residential substance abuse treatment is a permanent structure (not modular) that the Contractor either owns or has a lease agreement (minimum 12 months with 60 days’ notice to vacate). If Contractor is leasing their facility, provisions in their lease agreement should include at least 60-90 days’ notice of non-renewal, allowing the Contractor sufficient time to locate new facility (if applicable) and VA 60 days’ notice to arrange for inspection of new facility (if applicable).

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

4. SITE INSPECTION

The CTVHCS shall conduct an inspection of prospective facilities prior to contract award. Additionally, the successful 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.

5. ORDERING ACTIVITIES AND OFFICES

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

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

6. EMERGENCY PLAN

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

B. In the event a Veteran resident under this contract dies, the facility shall promptly notify the VA Liaison/COR and immediately 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.

C. When disposition has been made of the itemized inventory of the funds and effects, the Contractor shall notify the VA Liaison/COR. 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.

7. CONFLICT OF INTEREST

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

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

8. CONTRACTOR LIAISON

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

Contractor Liaison: Phone: Fax:

9. STANDARD OF CONDUCT

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

10. DRUG SCREENING

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

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

b. A pattern of abnormal conduct or erratic behavior.

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

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

11. PATIENT SENSITIVITY

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

12. HEALTH REQUIREMENTS

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

a. Tuberculosis Testing – the PPD test of radiological exam shall be repeated annually.

b. 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.

c. 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.

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

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

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

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

13. MEDICAL RECORDS

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

14. RELEASE OF MEDICAL INFORMATION

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

15. COMPUTER SECURITY

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

16. HEALTH INSURANCE POTABILITY AND ACCOUNTABILITY ACT (HIPAA)

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

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

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

17. QUALITY ASSURANCE AND PERFORMANCE MONITORING

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

18. HHS/OIG REQUIREMENTS

To ensure that the individuals providing services under this contract have not engaged in fraud or abuse regarding Sections 1128 and 1128A of the Social Security Act regarding federal health care programs, the Contractor is required to check the Health and Human Services - Office of Inspector General (HHS/OIG) List of Excluded Individuals/Entities on the OIG Website (www.hhs.gov/oig) for each person providing services under this contract. Further, the Contractor is required to certify in its proposal that all persons listed in the Contractor’s proposal have been compared against the OIG list and are NOT listed. During the performance of this contract, the Contractor is prohibited from using any individual or business listed on the List of Excluded Individuals/Entities.

19. CONTINUING MEDICAL EDUCATION (CME) REQUIREMENTS

Contractor personnel registered by national associations shall continue to meet the minimum standards for CME and Central Texas Veterans Healthcare System Bylaws and Rules to remain current as prescribed by legal requirements. CME is the sole responsibility of the Contractor, shall be obtained at no additional cost to the Government, and shall be reported to the COR annually on the first normal duty day in January for the previous calendar year. Periodic CME may be conducted at the VA and may be available, at no cost, to any Contractor health care provider.

20. EVIDENCE OF INSURANCE COVERAGE

Before commencing work under this contract, the Contractor shall furnish certification to the Contracting Officer that the coverage required (General & Professional Liability as well as Workers Comp) has been obtained and such policy shall state, “This policy may not be changed or cancelled without written notice to the VA Contracting Officer, Network Contracting Office 22, 4800 Airport Plaza Drive, Suite 600, Long Beach, CA 90815. Said policy shall bear an appropriate “loss payable clause’’ to the United States as its interest may appear. Such evidence of insurance will not be waived.

21. PERSONNEL POLICY

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

a. Worker’s compensation

b. Professional liability insurance

c. Health examinations

d. Income tax withholdings

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

22. FACILITY HOURS

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

23. OVERTIME AND HOLIDAY PAY

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

24. NATIONAL HOLIDAYS

Listed below are the ten (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 U.S. Government Agencies. Also included would be any day specifically declared by the President of the United States of America as a national holiday.

25. BILLING FOR SERVICES

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

26. INVOICE AND PAYMENT

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

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

a. Veteran’s name

b. Last four of social security number

c. Date of entry

d. Period in supportive housing and days in the program

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

D. Veteran residents shall not be invoiced for services.

27. SECURITY INCIDENT INVESTIGATION

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

B. To the extent known by the…