36C25723Q0996 Solicitation HCHV Dallas.docx

36C25723Q0996

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

36C25723Q0996 07-21-2023 Christopher Herrera – Contract Specialist 915-217-1244 08-21-2023 12:00

MDT

36C257 Department of Veterans Affairs VHA RPO West - NCO 17 El Paso Contracting Office 11495 Turner Rd El Paso TX 79936-4221 Christopher Herrera christopher.herrera5@va.gov X

624221 $13.5 Million

N/A

36C549 Department of Veterans Affairs North Texas Healthcare system 4500 Lancaster Rd

Dallas TX 75216

SEE BLOCK 9

none Financial Services Center (FSC) Department of Veterans Affairs PO Box 149971

Austin TX 78714-8971

See CONTINUATION Page Contractor shall provide Transitional Housing and Shelter for up to thirty five (35) veterans (male and female) Homeless Veterans and Beneficiaries in the Dallas, Texas area.

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

This is a commercial item acquisition in accordance with FAR 12 (Commercial Items) & FAR 13 (Simplified Acquisition)

The awarded Indefinite Delivery Indefinite Quantity (IDIQ) performance period is estimated to be October 01, 2023 through September 30, 2024 plus 4 one year optional renewal years.

See CONTINUATION Page

Marisela Galarza

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:

Marisela Galarza, Contracting Officer 36C257 marisela.galarza@va.gov Department of Veterans Affairs VHA RPO West - NCO 17 El Paso Contracting Office 11495 Turner Rd El Paso TX 79936-4221

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 PRICE/COST SCHEDULE

The Contractor shall provide Transitional Housing and Supportive Services to homeless Veteran Beneficiaries of the Department of Veteran Affairs North Texas Veteran Health Care System, 4500 S. Lancaster Road, Dallas, TX 75216. The Contractor shall provide all supplies and services as described herein in Section B.3 Scope of Work.

ITEM INFORMATION

Transitional Housing and Supportive Services:

The Contractor shall be expected to provide daily residential shelter placement to place up to 35 Veterans in safe community-based residences18 single male beds, 10 single female beds, and 7 family units. (35X365Days=12,775)

Contract Period: Base POP Begin: 10-01-2023 POP End: 09-30-2024

Transitional Housing and Supportive Services:

The Contractor shall be expected to provide daily residential shelter placement to place up to 35 Veterans in safe community-based residences18 single male beds, 10 single female beds, and 7 family units. (35X365Days=12,775) Contract Period: Option 1 POP Begin: 10-01-2024 POP End: 09-30-2025

Transitional Housing and Supportive Services:

The Contractor shall be expected to provide daily residential shelter placement to place up to 35 Veterans in safe community-based residences18 single male beds, 10 single female beds, and 7 family units. (35X365Days=12,775)

Contract Period: Option 2 POP Begin: 10-01-2025 POP End: 09-30-2026

Transitional Housing and Supportive Services:

The Contractor shall be expected to provide daily residential shelter placement to place up to 35 Veterans in safe community-based residences18 single male beds, 10 single female beds, and 7 family units. (35X365Days=12,775)

Contract Period: Option 3 POP Begin: 10-01-2026 POP End: 09-30-2027

Transitional Housing and Supportive Services:

The Contractor shall be expected to provide daily residential shelter placement to place up to 35 Veterans in safe community-based residences18 single male beds, 10 single female beds, and 7 family units. (35X365Days=12,775)

Contract Period: Option 4 POP Begin: 10-01-2027 POP End: 09-30-2028

This is an Indefinite Delivery, Indefinite Quantity, (IDIQ) fixed-price contract for a base year plus four (12 month) option years. The Per Diem (day) rate shall be an all-inclusive rate in accordance with the Statement of Work (SOW). In accordance with FAR Clause 52.216-22, the guaranteed minimum amount for this contract is $2,023.70. The maximum aggregate value of the orders that can be placed under this contract is estimated at $5,000,000.00. 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 SCOPE OF WORK

Scope of Work

3.1. REQUIREMENTS/SCOPE OF WORK: The Contractor shall be expected to provide daily residential shelter placement that enhances the stability of Veteran and their dependents served by HCHV. The contract is effective from the date of award for 1 year, with the option to extend for four (4) years for a maximum possible duration of five (5) years. Specific tasks are as follows:

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

3.1.2. Contractor shall be responsible for providing sufficient residential capacity to place up to 35 Veterans in safe community-based residences. Dependents of Veteran may be placed with Veteran where family units are available by the Contractor. Sufficient residential capacity as allotted: 18 single male beds, 10 single female beds, and 7 family units.

Suitable Residential shelter placement requires:

· Sufficient personnel to assure security

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

· 3 healthy meals per day

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

· The ability to place a Veteran and their dependents together on the same day of a referral from HCHV staff

· Hygiene products to include wash cloths, soap, feminine products, deodorant, toothpaste, and toothbrush shall be made accessible to Veteran and their dependents.

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

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

· Suitable bedroom space and furnishings allowing for adequate storage and security of belongings, with minimum 140 square feet of living space for two adults and 40 square feet per additional adult. Veteran and their dependents may be housed together in private or semiprivate rooms without space minimum requirements.

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

3.1.4. Contractor shall offer supportive services to Veteran and their co-located dependents during their contract residential stay. These services will continue throughout their authorized stay not to exceed (NTE) 150 days without written exception by Program Manager (PM). The goal of these services is to stabilize and prepare the Veteran and dependents 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 plan developed by the Contractor within three (3) business days of admission and reviewed monthly with the Veteran to submit status updates on the Veteran’s goals to the VA HCHV Liaison by facsimile.

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

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

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

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

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

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

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

3.1.5.7. Case Management assistance to gain and apply knowledge of the illness/recovery process, monitor progress toward goals, and assist with resources.

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

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

3.1.5.10. Specialized individual and group support addressing the needs of Veterans and their dependents with complex psychosocial, medical and mental health needs common to this population.

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

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

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

3.1.7. Contractor is expected to provide PM with regular reports on changes in Veteran’s status, including all changes and observations concerning the Veteran's bio-psychosocial needs and status on meeting goals at least monthly or sooner when there are significant changes.

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

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

3.1.10. The facility shall not accept food stamps or welfare from or on behalf of Veteran and their dependents.

3.2. KEY PERSONNEL

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

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

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

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

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

3.2.6. The Government reserves the right to refuse acceptance of Contractor’s personnel if personal or professional conduct jeopardizes patient care or interferes with the regular and ordinary operation of the facility. Breaches of conduct include intoxication or debilitation resulting from drug use, theft, patient abuse, dereliction or negligence in performing directed tasks, or other conduct resulting in formal complaints by patients or other staff members to designated Government representatives. Standards for conduct shall mirror those prescribed by current federal personnel regulations which be found on the website at www.opm.gov/feddata. The Contractor and Contracting Officer’s Representative (COR) shall deal with issues raised concerning contract personnel’s conduct. The final arbiter on questions of acceptability is the Contracting Officer Representative.

3.2.7. The COR shall resolve complaints concerning Contractor relations with the Government employees or patients. The COR is final authority on validating complaints. In the event that the Contractor is involved and named in a validated patient complaint, the Government reserves the right to refuse acceptance of the services of such personnel. This does not preclude refusal in the event of incidents involving physical or verbal abuse.

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

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

3.4. REPORTING AND DOCUMENTATION

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

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

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

3.4.4. VA intends to conduct periodic invoice and performance-based reviews of the selected Contractor at the discretion of the COR or VA HCHV Manager.

3.4.5. Contractor is required to use the Continuum of Care HUD HMIS data integration system for reporting veteran demographic information and program services on all veterans served, administrative costs for utilization of external data integration system must be all inclusive in cost of services and fully operational within sixty (60) days of award.

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

3.5. ABSENCES AND CANCELLATION

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

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

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

3.5.4. Length of stay at VA cost authorized per veteran is not to exceed (NTE) 150 days, with contractor required to submit a written request for exception with justification of the need and providing separate documentation of the veteran’s satisfactory progress toward goals in program to the PM at least 5 business days prior to 150 days in program. PM will provide written authorization of any exception to the NTE 150 day per veteran length of stay as requested and justified for a veteran to meet housing placement goals.

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

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

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

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

3.7.3. VA shall notify the Contractor of any significant communicable disease exposures to its employees as appropriate. The Contractor’s occupational health provider shall adhere to current CDC/HICPAC Guideline for Infection Control in health care personnel (AJIC 1998; 26:289-354) for disease control. If the employees of the contracting agency suffer a communicable disease, the Contractor shall provide follow up documentation of employee’s clearance to return to the workplace prior to their return.

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

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

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

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

3.8.4. Menus planned are in consultation with Dietician review/consultation.

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

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

3.9. STANDARDS/LICENSES

3.9.1. The residential care facility shall conform to the standards of the National Fire Protection Association (NFPA) Life Safety Code – NFPA 101 and conform to the fire and safety codes imposed by state law, which adequately protects residents and must meet all city, state and federal requirements concerning licensing health codes. In all cases, the VA requires a level of safety which conforms to NFPA 101: Life Safety Code. This code can be located at http://www.nfpa.org/aboutthecodes/AboutTheCodes.asp?DocNum=101# or within the published NFPA 101: Life Safety Code, 2012 edition.

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

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

3.10. CONFIDENTIALITY OF PATIENT RECORDS

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

3.10.2. The records referred to above shall be and remain the property of VA and shall not be removed or transferred from VA except in accordance with U.S.C.551a (Privacy Act), 38 U.S.C. 5701 (Confidentiality of claimants records), 5 U.S.C. 552 (FOIA), 38 U.S.C. 5705 (Confidentiality of Medical Quality Assurance Records) 38 U.S.C. 7332 (Confidentiality of certain medical records) and federal laws, rules and regulations. Subject to applicable federal confidentiality or privacy laws, the Contractor, or their designated representatives, and designated representatives of federal regulatory agencies having jurisdiction over Contractor, may have access to VA ‘s records, at VA’s place of business on request during normal business hours, to inspect and review and make copies of such records.

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

3.10.4. Each contractor or subcontractor employee documenting in the client medical record will complete a security clearance process with fingerprinting and must have their own User ID/Password issued for use from VA. The contractor must notify the COR as soon as the contractor knows of the termination date of an employee with VA computer access or new hires. Additional privacy & security requirement are included elsewhere in this contract (including VAAR 852.273-75).

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

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

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

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

3.14. MANAGEMENT, SUPERVISION AND TRAINING

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

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

3.15. RECORD KEEPING

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

3.15.2. Documentation of services performed shall be reviewed by the HCHV Liaison prior to certifying payment. The HCHV Program Office shall pay for services actually performed and in strict accordance with Schedule of Supplies/Services. Contract monitoring and record-keeping procedures shall be sufficient to ensure proper payment and allow audit verification that services were provided.

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

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

4. VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY

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

4.2. CONTRACTOR PERSONNEL SECURITY REQUIREMENTS

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

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

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

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

4.2.2.3. Electronic Fingerprinting – Contractor/subcontractor employees will be required to have fingerprints taken as part of the background investigation process. The preferred method of obtaining fingerprints is to have them taken electronically at the Human Resources Service Office at a VA facility. If fingerprints cannot be obtained at a VA facility the Contracting Officer or COR will provide the Contractor with a Form RD258 fingerprint chart, which can be taken to any local police station for fingerprints. However, local entities may assess a fee for this service.

4.2.2.4. Contractor Responsibilities –

4.2.2.4.1. The Contractor shall bear the expense of obtaining background investigations. The VA is responsible for payment to the Security Investigation Center; however, upon final payment, the VA will submit a Bill of Collections to the Contractor. The Contractor is responsible for reimbursement to the VA within thirty (30) days. The current cost for a low-risk background investigation is $ 231 per case. If the Office of Personnel Management (OPM) conducts the investigation, the Contractor shall reimburse VA within 30 days.

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

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

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

4.3. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

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

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

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

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

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

4.4. VA INFORMATION CUSTODIAL LANGUAGE

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

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

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

4.4.4. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract.

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

4.4.6. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12.

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

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

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

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

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

4.4.12. For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require…