36C25723Q1179_1.docx

36C25723Q1179

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

none 36C25723Q1179 08-23-2023 Nesha Nelson, Contract Specialist 915-217-1250 09-06-2023 12:00

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 624221 $13.5 Million N/A X Department of Veterans Affairs VA North Texas Healthcare System 4500 S Lancaster Rd Dallas TX 75216-7167 36C257 See Block #9 none Financial Services Center (FSC) Department of Veterans Affairs P.O. Box 149971 Austin TX 78714-8971 See CONTINUATION Page The Contractor shall provide transitional housing and supportive services that enhance the stability of Veterans served by the Veterans Administration (VA) Health Care for Homeless Veterans (HCHV) Program.

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

See CONTINUATION Page 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

Line-Item Number Base Year: October 1, 2023 - September 30, 2024

Option Year One: October 1, 2024 - September 30, 2025

Option Year Two: October 1, 2025 - September 30, 2026

Option Year Three: October 1, 2026 - September 30, 2027

Option Year Four: October 1, 2027 - September 30, 2028

This is an Indefinite Delivery, Indefinite Quantity, (IDIQ) fixed-price contract for a base year plus four (12 month) option years. Prices in this schedule represent an all-inclusive rate. In accordance with FAR Clause 52.216-22, the guaranteed minimum amount for this contract is $20,000.00. The maximum aggregate value of the orders that can be placed under this contract is estimated at $2,000,000.00. The Government does not guarantee that it will place any orders under this contract in excess of the guaranteed minimum amount.

Individual task orders shall be funded annually. The Contracting Officer is the only authorized individual that can place annual task orders against this contract for the estimated amount of services for the specific time frame, and the task orders shall be issued to the contractor.

Note: As part of price evaluation, the Government will evaluate its option to extend services (see FAR Clause 52.217-8). The evaluation will assume that the prices for any option exercised under FAR 52.217-8 will be at the same rates as those in effect under the contract at the time the option is exercised.

B.3 PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT

1. 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 Residential Treatment Program for homeless Veterans diagnosed with mental illness is a vital program focused on addressing the needs of the most vulnerable and at-risk homeless Veterans. Ensuring that Veterans who are homeless can be placed in community-based programs which provide quality housing and services that meet the needs of this special population is a particular focus of the HCHV program.

The purpose of this RFP is to engage a community provider (contractor) who will provide transitional housing for up to 14 Veterans along with services consistent to meet HCHV program objectives. 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.

1. OVERVIEW

The U.S. Department of Veterans Affairs (VA) has a requirement for a Contractor 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 shelter in a safe environment. Many of these veterans have co-morbid conditions that include serious mental illnesses, substance abuse disorders, and other serious medical conditions. Contractor shall provide rapid placement in a supportive, residential setting to VA referred Veterans.

Entities that are interested in providing Veterans these services should be aware that although this contract seeks services for the rural areas of Dallas county, Texas, HCHV is a national program serving Veterans throughout the country. 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.

1. REQUIREMENTS/SCOPE OF WORK

The Contractor shall be expected to provide daily emergency shelter placement that enhances the stability of Veterans served by HCHV. Specific tasks are as follows:

2. Contractor shall have existing programs and facilities in one of the targeted areas of Dallas County, Texas that are fully operational and can start providing services within 10 days of contract award.

2. Contractor will be responsible for providing sufficient residential capacity to place up to 14 Veterans in safe community-based residences. Suitable emergency shelter placement generally requires:

0. Sufficient personnel to assure security;

0. Staffing available on-site 24 hours a day, 7 days a week;

0. 3 healthy meals per day;

0. Laundry facilities and detergent available for Veteran to do their own laundry;

0. The ability to place a Veteran on the same day of a referral from HCHV staff;

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

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

0. Transportation to VA Medical appointments or vouchers for use of public transit;

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

2. Contractor will be responsible for planning and coordinating all activities associated with providing safe and appropriate residential care. This includes, but is not limited to, the elements described in the preceding paragraph. Any associated expenses should be included within the Contractor proposal and not be billed as additional charges.

2. Contractor shall offer supportive services to Veterans that will provide assistance to them during their contract residential stay. These services will continue throughout their authorized stay not to exceed (NTE) 90 days without written exception by Contracting Officer’s Representative (COR). The goal of these services is to stabilize and prepare the Veteran for independent or permanent housing through planning and referrals prior to discharge. Contractor shall integrate the veteran’s VA HCHV plan of care with the veteran’s plan developed with the contractor within 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.

2. Services which the contractor must be able to furnish include:

4. Structured group activities as appropriate. Examples include group therapy, social skills training, Alcoholics Anonymous, Narcotics Anonymous, vocational assistance counseling and recreational activities.

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

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

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

4. Assistance to gain and apply knowledge of the illness/recovery process.

4. 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.

4. Specialized individual and group support addressing the needs of the frail, elderly Veteran.

4. Specialized individual and group support addressing the needs of Veterans with complex medical and mental health diagnoses.

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

4. Contractor shall possess the ability to admit Veterans who have a criminal history including sexual offenses. Registered sex offenders will have the ability to reside in facility.

2. Contractor is expected to develop treatment and preliminary discharge goals within 3 business days of Veteran's admission to the program and provide to COR for review.

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

2. COR shall be notified within 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 12 hours of a Veteran placed in facility.

2. 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.

2. The facility shall not accept food stamps or welfare from or on behalf of veterans.

1. KEY PERSONNEL

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 SOW. 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.

4.1. 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 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (3) below. After the initial ninety (90) calendar days period of the contract, the Contractor shall submit the information required by paragraph (3) to the Contracting Officer at least fifteen (15) calendar days prior to making any permanent substitutions.

4.2. 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.

4.3. 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.

4.4. 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.

4.5. 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 Technical Representative shall deal with issues raised concerning contract personnel’s conduct. The final arbiter on questions of acceptability is the Contracting Officer Technical Representative.

4.6. The Contracting Officer Technical Representative shall resolve complaints concerning Contractor relations with the Government employees or patients. The Contracting Officer Technical Representative 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.

1. HOLIDAYS: Contractor shall provide patient service for Veteran beneficiaries as requested Sunday through Saturday recognized including Federal Holidays (see below).

0. New Years

0. Martin Luther King’s Birthday

0. President’s Day

0. Memorial Day

0. Juneteenth

0. Independence Day

0. Labor Day

0. Columbus Day

0. Veterans Day

0. Thanksgiving Day

0. Christmas Day

1. REPORTING AND DOCUMENTATION

5. Contractor shall be responsible for providing VA with status reports monthly on each veteran demonstrating the veterans’ objectives, as well as the program, are being met throughout the contract period and length of stay of each Veteran. Status reports shall begin one month from contact award 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.

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

5. 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).

5. VA intends to conduct both periodic fiscal and performance-based reviews of the selected Contractor at the discretion of the COR or VA HCHV Manger.

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.

1. ABSENCES AND CANCELLATION

6. 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, 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 48 hours, submitting evidence of such by facsimile to VA HCHV Liaison within 12 hours of absence after curfew. Management of program dropout will be an element of quality assurance review of this program.

6. 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.

6. 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.

6. Length of stay at VA cost will be authorized per veteran NTE 90 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 COR at least 5 business days prior to 90 days in program. COR will provide written authorization of any exception to the NTE 90 day per veteran length of stay as requested and justified for a veteran to meet housing placement goals.

1. COMPLAINTS HANDLING

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

1. INFECTION CONTROL REQUIREMENTS

Tests shall be current within the past year.

8. Tuberculosis Testing - All contractor personnel 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.

8. 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.

8. 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.

1. CONFIDENTIALITY OF PATIENT RECORDS

9. 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.

9. 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.

9. 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. The requirements for fulfilling this provision can be found at https://www.tms.va.gov.

9. Each contractor or subcontractor employee documenting in the client medical record must have and use only their own User ID/Password. 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).

10 a. TORT CLAIMS.

10.1a

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.

1. PAYMENTS.

11.1. Payment to the Contractor shall be paid monthly, in arrears, upon receipt of a properly prepared invoice. Payment for any leave, including sick leave, holiday, or vacation time, shall be the responsibility of the Contractor.

11.2. The Department of Veterans Affairs Financial Service Center (FSC) is the designated agency office for invoice receipt in accordance with the Prompt Payment Act (5 CFR Part 1315). FSC or its designated representative may contact the vendor to provide specific instructions for electronic submission of invoices. The vendor shall be responsible for any associated expenses. FSC may utilize third-party Contractors to facilitate invoice processing. Prior to contact by FSC or its designated representative for electronic invoicing submissions, the vendor shall continue to submit all invoices to FSC at the mailing address below:

Payment Address:

Department of Veterans Affairs Financial Services Center P.O. Box 149971 Austin, TX 78714-8971

11.3. Billings rendered by the Contractor to the Program Office for services furnished under the terms of this contract shall be billings in full. Neither the beneficiary his insurer, nor any third party shall be billed.

NOTE: Invoices for payment may be rejected if all information required by FAR Clause 52.212-4(g) is not included. Invoices shall include the following information to be considered valid for payment. Invoices without the required information will be returned:

1. Vendor name, invoice number and date;

1. Complete purchase order number assigned by the VA facility;

1. Name of provider, number of days per patient;

1. Total dollar amount of invoice.

1. HHS/OIG.

12.1 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.

1. PERSONNEL POLICY.

13.1 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.

14. MANAGEMENT, SUPERVISION AND TRAINING.

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

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

15. RECORD KEEPING.

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).

15.2. Documentation of services performed shall be reviewed 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.

16. ACCESS TO ADP FILES.

16.1 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.

17. INFORMATION SECURITY REQUIREMENTS.

17.1. All Contractor employees who require access to the Department of Veterans Affairs’ medical records 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 for VA.

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

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

1. Electronic Fingerprinting – VHA Directive 0710 establishes a requirement that, at a minimum, a Special Agreement Check and electronic fingerprinting be performed on all appointees and health care Contractors prior to their entry on duty with a VHA facility.

1. Contractor Responsibilities

1. The Contractor shall bear the expense of obtaining background investigations. If the Office of Personnel Management (OPM) conducts the investigation, the Contractor shall reimburse VA within 30 days. The following information must be submitted within 1 day after contract award and after new hire of additional staff for any licensed provider under the contract providing services to any veteran referred by VA: Name, Gender, Social Security Number, Date of Birth and Address

1. 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.

1. The Contractor shall submit or have all their employees working on this contract submit the following required forms to the Program Office, Contracting Officer within 5 days of receipt of award:

(1) Standard Form 85, Questionnaire for Non-Sensitive Positions

(2) Optional Form 306, Declaration for Federal Employment

(3) SF87 (Rev 4-84), U.S. Office of Personnel Management Fingerprint Chart

(4) VA Form 0710, Authority for Release of Information Form

1. The Contractor shall prepare and forward a listing of all Contractor personnel that shall be performing services under the contract that shall have access to VA computer systems. The Contractor shall inform the contract employee that when filling out Standard Form 85, that there should be no gaps in employment history. Any gaps in employment history on Standard Form 85 may result in OPM rejecting the documentation for investigation.

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

1. Any additional contract staff hired post-award shall complete section requirements of 17.1.d.iii within 5 business days of hire.

1. Government Responsibilities

1. The VA Contracting Officer will provide the necessary forms to the Contractor or to the Contractor’s employees after receiving a list of names and addresses.

1. Upon receipt, the VA Contracting Officer will review the completed forms for accuracy and forward the forms to OPM to conduct the background investigation.

1. The VA facility shall pay for investigations conducted by the Office of Personnel Management (OPM) in advance. In these instances, the Contractor shall reimburse the VA facility within 30 days. A bill of collection will be prepared by VA and forwarded to the Contractor for payment. The estimated cost for a Low Risk Level Background Investigation is $200.

1. The VA Contracting Officer shall forward the completed background investigations to the Office of Security and Law Enforcement for adjudication. The Office of Security and Law Enforcement shall notify the Contracting Officer and Contractor after adjudicating the results of the background investigations received from OPM / Contracting Officer.

1. The Contracting Officer shall ensure that the Contractor provides evidence that investigations have been completed or are in the process of being requested.

2. The Contractor may utilize a private investigating agency if such agency possesses an OPM and Defense Security Service certification. A Cage Code number must be provided to the VA Office of Security and Law Enforcement, which shall verify the information and advise the Contracting Officer whether Contractor’s access to the computer systems can be authorized.

18. SECURITY TRAINING.

18.1. Each Contractor and subcontractor assigned work under this contract are required to receive and document completion of VA training on Cyber Security prior to having access to the VA computer system. Security Training will be accomplished annually or in accordance with Office of Cyber and Information Security requirements. The requirements for fulfilling this provision can be found at https://www.tms.va.gov.

18.2. Contractor personnel having access to VA information Systems are required to read and sign annually and at time of contract award, the Rules of Behavior statement with outlined rules of behavior related to VA Automated Information Systems. The COR will provide the Contractor, through the facility ISO, the Rules of Behavior for the respective facility.

18.3. As VA routinely reviews and updates policies and procedures covering Contractor computer access this contract may be modified to reflect new policies and procedures during the term of this agreement. This includes any new training requirements from regulatory sources.

19. HIPPA COMPLIANCE.

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

B.4 IT CONTRACT SECURITY

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY

1. GENERAL

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

2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

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

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

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

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

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

3. VA INFORMATION CUSTODIAL LANGUAGE

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

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

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

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

e. 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.

f. 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.

g. 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.

h. 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.

i. 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.

j. 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.

k. Notwithstanding the provision…