36C26019Q0628-002.docx

36C26019Q0628

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.

DUNS:

DUNS+4:

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. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

36C26019Q0628 09-06-2019 Darlene Anderson 253-888-4905 09-20-2019 12 Noon Pacific 663A Department of Veterans Affairs Network Contracting Office 20 1495 Wilmington Drive, Suite 360 DuPont WA 98327 X X 621330 $8 Million N/A X 663A Department of Veterans Affairs Network Contracting Office 20 See Section B.3 Delivery Schedule 1495 Wilmington Drive, Suite 360 DuPont WA 98327 663A Department of Veterans Affairs Network Contracting Office 20 1495 Wilmington Drive, Suite 360 DuPont WA 98327

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971 866-372-1141 See CONTINUATION Page Will result in a VA Indefinite Delivery Indefinite Quantity contract for:

Readjustment Counseling Services, Wenatchee, WA Period of Performance:

Base Year 11/1/2019 - 10/31/2020 Option Year 1 11/1/2020 - 10/31/2021 Option Year 2 11/1/2021 - 10/31/2022 Option Year 3 11/1/2022 - 10/31/2023 Option Year 4 11/1/2023 - 10/31/2024 Interested Offerors are advised to pay special attention to the instructions in Section E.2 FAR 52.212-1 Addendum paragraph 7, Quotation Preparation Instructions It is a violation of the Federal Acquisition Regulation for vendors and Government employees to discuss the solicitation prior to award. All communications are required to take place between interested offeror and Contracting Officer listed in Block 7a above.

See CONTINUATION Page X X

DARLENE ANDERSON

NCO2015L3-2479

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:

b. GOVERNMENT:

Contracting Officer 36C260 Department of Veterans Affairs Network Contracting Office 20 1495 Wilmington Drive, Suite 360 DuPont WA 98327

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.

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971

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

6.0. GOVERNMENT INVOICING INSTRUCTIONS: Invoicing shall be in accordance with the requirements of The Department of Veterans Affairs (VA) Financial Services Center (VAFSC). The latest information shall be used for invoicing and payments and may change during the Period of Performance of this acquisition. Invoice requirements are currently as follows: Invoice Number, Invoice Date, Purchase Order Number, Unit Price, Quantity and Unit of Measure, Total Invoice Price, Ship-To Location Name and/or code, Receipt of Goods/ Services, Invoice Payment Terms.

Current Invoicing information is located at http://www.fsc.va.gov/einvoice.asp. It states:

6.1. FSC Mandatory Electronic Invoice Submission: The Department of Veterans Affairs published a final rule in the Federal Register on November 27, 2012 to require contractors to submit payment requests in electronic form in order to enhance customer service, departmental productivity, and adoption of innovative information technology, including the appropriate use of commercial best practices. The rule is effective December 27, 2012.

6.2. Vendor Electronic Invoice Submission Methods

Facsimile, e-mail, and scanned documents are not acceptable forms of submission for payment requests. Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods below:

6.2.1.VA’s Electronic Invoice Presentment and Payment System – The FSC uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission. Please go to this website: http://www.tungsten-network.com/US/en/veterans-affairs/ to begin submitting electronic invoices, free of charge.

6.2.2.A system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) chartered by the American National Standards Institute (ANSI).

The X12 EDI Web site (http://www.x12.org).

6.3. Vendor e-Invoice Set-Up Information:

Please contact Tungsten at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center for payment processing, free of charge. If you have question about the e-invoicing program or Tungsten, please contact the FSC at the phone number or email address listed below:

•Tungsten e-Invoice Setup Information: 1-877-489-6135 •Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com •FSC e-Invoice Contact Information: 1-877-353-9791 •FSC e-invoice email: vafsccshd@va.gov

B.2 ORDERING PROCEDURES

An initial Task Order for Services will be issued by the VA Contracting Officer at the beginning of the contract’s period of performance. The Task Order will be emailed to the Contractor. The VA anticipates funding one Task Order per 12-months. If the value of a particular Task Order needs to be increased or decreased, a Modification will be done to the Task Order by a VA Contracting Officer. Task Orders will be bulk funded so that funds are already available when the VA requires services. Do not exceed the amount bulk funded without first receiving a Modification. VA’s requests for services will be in accordance with Performance Work Statement paragraphs 2.C., 13.A, 13.D., and 13.E.

B.3 MINIMUM / MAXIMUM

MINIMUM AND MAXIMUM in accordance with FAR 16.504(a)(4)(ii): The guaranteed minimum contract quantity is $700.00. The maximum quantity shall not exceed $1,300,000.00. The Government does not guarantee that it will place any orders under this contract in excess of the guaranteed minimum award amount.

B.4 PRICE/COST SCHEDULE

Period of Performance (POP) dates may change at contract award.

AMOUNT

Contract Period: Base POP Begin: 11-1-2019 POP End: 10-31-2020

Will be bulk funded

Contract Period: Option 1 POP Begin: 11-1-2020 POP End: 10-31-2021

Will be bulk funded

Contract Period: Option 2 POP Begin: 11-1-2021 POP End: 10-31-2022

Will be bulk funded

Contract Period: Option 3 POP Begin: 11-1-2022 POP End: 10-31-2023

Will be bulk funded

Contract Period: Option 4 POP Begin: 11-1-2023 POP End: 10-31-2024

Will be bulk funded

B.5 PERFORMANCE WORK STATEMENT

Page 1 of Page 1 of

Readjustment Counseling Services Wenatche, WA

1. DEFINITIONS:

1. “CO” Contracting Officer

1. “Contractor” Provider of Readjustment Counseling Services.

1. “COR” Contracting Officer Representative

1. “RCS” Readjustment Counseling Services”

1. “VA” Department of Veterans Affairs

1. “VA patients” Veteran beneficiaries, inpatient and outpatient

1. “VAPSHCS” Veterans Affairs Puget Sound Health Care System

2. PERFORMANCE WORK STATEMENT: Referrals and ongoing assessment of counseling cases will be managed so as to ensure the availability of services to the largest number of eligible Veterans within the limits of available resources.

1. Brief therapy will be provided whenever clinically feasible to facilitate serving the largest number of eligible Veterans. Theater Veterans exposed to war-zone stress will be considered the highest priority recipients for contract readjustment counseling.

1. Group counseling will be encouraged whenever clinically feasible as this method is both clinically indicated and cost effective for Veterans with readjustment difficulties. The composition of such groups must include at least 50 percent eligible war-zone Veterans for a contact provider to be reimbursed for the group counseling session. Exceptions to this may be granted by the VA COR/Team Leader when clinically indicated.

1. In accordance with the terms and conditions of this contract, and the VA Form 10-5565b, contract provider (Contractor) shall be required to perform as follows:

0. All initial referrals to a contract provider will be for up to 3 visits for clinical assessment and brief counseling. The COR will specify on Form 10-5565b, one, two, or three visits and the type of counseling to be provided (individual, group, etc.).

0. The contract provider shall schedule the initial Veteran counseling session (visit) within 5 working days from the date the Veteran was first referred under the contract.

0. If additional visits are required upon completion of the 3 initial visits, the COR will obtain from the contract provider a counseling plan documenting the need for continuing readjustment counseling.

0. After reviewing the plan, the COR may authorize the Veteran for up to a block of 15 additional weekly visits. In similar fashion, subsequent re-authorizations are established and case counseling plans are subject to evaluation prior to further authorization. Effective management of case progress and available funding requires that the COR specify on the VA From 10-5565b a time period within which a block of authorized visits must be delivered. For example, a Veteran does not use all 15 sessions during the specified time, he may be reviewed and re-authorized for additional visits at the beginning of the next quarter. A visit will last a minimum of 45 minutes. A group counseling visit will last a minimum of 90 minutes.

0. The counseling plan may be presented to the COR orally, not later than the completion of the third initial visit, but shall be followed with a written copy and this plan shall be documented in the Veteran’s record by the COR. The VA reserves the right to modify the treatment plan submitted by the Contractor. Coordination of the counseling plans to the VA referrer must occur in a timely manner so there will be no disruption in the continuation of readjustment counseling.

0. “Significant Others” defined as, members of the Veteran’s immediate family, legal guardian, or individual with whom the Veteran lives or certifies an intention to live. May be seen conjointly with a Veteran in couple or family counseling by the contract service provider.

3. This will be limited to counseling for problems which have a distinct relationship to the Veteran’s readjustment from military duty.

3. For couple or family counseling, billing and reimbursement will be at the established per session rate as specified in the contract.

3. Significant others may be seen without the Veteran present only when clinically required as an integral part of couple or family counseling. Such visits by significant others without the Veteran present, however, are limited to one visit per ten couple or family sessions that include the Veteran. Exceptions may be granted to the limitation on significant other visits only when clinically approved by the COR.

0. As stipulated in the contract, there is a provision which limits eligibility for readjustment counseling through a contract provider to 1 year from the time of the Veteran’s first visit.

4. This provision is based upon existing knowledge regarding the etiology and longitudinal course of war-related readjustment difficulties to include post-traumatic stress disorder (PTSD) and upon program experience which indicates that most Veterans referred complete services within 1 year.

4. This provision should not be implemented in an arbitrary manner nor should it be applied in isolation from other indicators for clinical case progress.

4. In most cases authorization beyond 1 year should be short-term extensions designed to facilitate completing services or appropriate referral.

4. If longer term extension of authorization is necessary, the following procedures will be followed:

3. The Vet Center Team Leader/COR will interview the Veteran (in person or by telephone) to conduct an updated, comprehensive psychosocial assessment to ensure continuing clinical need for readjustment counseling.

3. If there is clinical indication for continuing readjustment counseling beyond 1 year, the Vet Center Team Leader/COR must consult with the RCS regional manager or designee prior to authorizing continuing visits. All requests for readjustment counseling beyond 1 year, for more than brief transitioning purposes, must be reviewed by the RCS regional manager or designee and documented in the Veteran’s clinical record.

0. If the Veteran is currently receiving services from a previous contract provider and resides in a closer proximity to a newly selected contract provider, the Veteran may be transferred to the new contract provider in order to continue uninterrupted counseling from the most convenient service provider.

0. THERE IS NO OBLIGATION UNDER THIS CONTRACT FOR VA TO PROVIDE ANY SPECIFIC NUMBER OF REFERRALS TO ANY CONTRACTOR.

3. RECORD KEEPING:

A. The COR will define the exact counseling record information to be included by the contract provider upon each Veteran counseling session(s).

1. A verification form is to be completed by each Veteran for each therapy session. The verification form with the client’s original signature will be attached to the monthly bill submitted to COR. The Contractor shall secure a signed acknowledgment of services from each client and for each visit for which they are invoicing the VA. The verification must include the name of the Veteran or client, as well as length, date, and specific modality of the counseling session.

0. Provide only those services identified on the VA referral form.

0. Client numbers and records for significant others, will be maintained in the name of the Veteran; however, counseling case notes/progress notes on visits by significant others shall be maintained as discrete and separate from the Veteran’s notes for continuity of notation, and so they can be easily extracted if a request for the Veteran’s counseling record is made.

1. Contractor shall maintain accurate and complete counseling records, which comply with the confidentiality requirements of Public Law 93-282 and the Privacy Act of 1974, Public Law 93-579. Contractor shall ensure the physical security of records and the prevention of disclosure of the records, reports, or other private information of clients except with the client’s informed, written consent.

NOTE: Counseling records are considered the property of the VA. One year following termination of the contract, the Contractor shall turn the client folder over to the authorizing Vet Center, or contact the Regional Manager of the Vet Center to determine to which Vet Center the folder should be sent. The same procedures will apply when the contract between the VA and the Contractor terminates.

4. MONITORING AND OVERSIGHT MANAGEMENT

1. Quality control and administrative oversight of the overall contract agreement and basic processes of contract operations are the primary responsibilities of the Vet Center Team Leader/COR.

1. Site visits will be conducted on at least an annual basis to the facilities of all contract providers by the COR and/or other Government employees designated by the Contracting Officer and will include, but shall not be limited to, evaluation verification of the following:

1. Actual performance versus scheduled and reported performance regarding the number and type of visits provided and the amount billed.

1. Changes in technical performance which may affect financial status, personnel assigned to the contract, over extension of resources, etc.

1. The number of employees charged to the contract are actually performing work under the contract.

1. Site visits will be conducted in accordance with program standards and in compliance with monitoring guidelines developed and approved by VA Central Office.

5. PERIOD OF PERFORMANCE

1. The period of performance is for a base period and four (4) option periods.

1. In renewing existing contracts, the Contracting Officer will request a current list of those employees working for the contractor under the contract. This listing will be compared with the existing contract. Any changes in personnel or employees proposed by the contractor will be brought to the attention of the Vet Center Team Leader/COR. The Team Leader/COR will review the information on the new personnel to ensure that the level and quality of service is consistent with the initial proposal and the terms of the original contract.

1. If readjustment counseling beyond the contract period is indicated, and if the contract is not renewed, the Contractor shall make appropriate referral to another counseling resource, in consultation with the original referrer. Exceptions to this requirement may be made, upon authorization, based on determination of the continuing need by the VA referring official. Requests for such exceptions shall be presented to the VA referrer.

1. The VA will reimburse the Contractor for completion of cases started during the contract but duly authorized to extend beyond the legal termination date of the contract. All payment for work under this contract beyond September 30th of each year, will be contingent on the availability of funds. Therefore, no work shall take place after that date unless specifically authorized in writing by the Contracting Officer.

1. The VA will be the sole judge as to whether a contract will be renewed, based on the determination of need. The VA reserves the right to allow this contract to expire and to issue a new Request for Quote (RFQ) if determined to be in the best interest of the Government.

6. EXTENT OF OBLIGATION

1. This contract does not obligate any funds. The Government will be obligated only to the extent that authorized Task Orders are actually made under this agreement and VA requests services in accordance with Performance Work Statement paragraphs 2.C., 13.A, 13.D., and 13.E.

7. INVOICE PROCEDURES

1. Reimbursement will only be for in-person counseling sessions. Reimbursement is not authorized, for example, for telephone calls with the Veteran or significant others, or for consultation between the Contractor and other individuals.

1. Reimbursement for Veteran’s travel in connection with contract readjustment is not authorized.

1. A visit, for reimbursement purposes, will last a minimum of 45 minutes and will be deemed a single visit regardless of length beyond 45 minutes. A group counseling visit, for reimbursement purposes, will be 90 minutes in length. Participation in group counseling sessions constitutes one visit, regardless of length beyond 90 minutes.

1. Payments made under this contract shall constitute the total cost of readjustment counseling services. The Contractor understands and agrees that no additional charges shall be billed to the Veteran or his family, either by the Contractor or any third party furnishing required services, unless and until specific prior written authorization is obtained from the VA COR who initially authorized the provision of services.

3. All invoices shall be submitted monthly, in arrears.

3. Invoices shall be electronically submitted to Austin with the original verification and duplicate copy to the COR.

1.

All invoices shall include the information shown in subparagraphs (1) through (9) below, and shall be accompanied by the receipt of services (Form 10-5565b) specifying the information shown in subparagraphs (10) through (12) below:

4. Contract number (and purchase order number, if applicable);

4. Vet Center or Station Number of Referring Unit

4. Client number;

4. Number of individual counseling sessions, group therapy sessions, and couple/family therapy sessions;

4. Basic contract rate (per type of counseling provided and per type of counselor), in accordance with Price List;

4. Total dollar amount billed;

4. Month in which counseling services were provided;

4. Copies of the verification form including the Veteran’s original signature certifying receipt of services for each session provided, along with the Vet Center copy of the Form 10-5565b.

4. Counselor’s name, professional degree (or name, if applicable); and the type of therapy provided for all sessions. The clinician who provided service must be identified. Reimbursement will based on costs for that clinician;

4. Veteran’s name and VIF number.

4. All invoices must be received by the 5th of the month following services rendered.

1. Failure to include all the above documentation (which constitutes a proper invoice) will result in delay of payment. Invoices will not be processed if there are any omissions.

8. ADDRESS FOR INVOICES

See SF 1449 Block 18a.

9. SPECIAL CONTRACT REQUIREMENTS

A. LICENSURE: Contractor and all staff members providing counseling services under this program shall be licensed in accordance with Federal, State, and/or local requirements and certification(s) applicable to the performance of this type of counseling service. Contractor will provide official verification or credentials from the educational institution awarding the contractor’s professional degree, to the Contracting Officer at the time of quotation.

B. VA OBLIGATIONS: This contract will be used only upon a determination by the VA that Governmental facilities are not capable of furnishing needed readjustment counseling services, or cannot do so economically because of geographical inaccessibility.

C. PRE-AWARD SITE VISIT: Upon determination by the contracting officer that a contract should be awarded, a pre-award site visit to the accepted contractor should be conducted. This site visit should be conducted by the Team Leader/COR to determine whether the contractor has the capacity and capability to perform the contract with regard to the following:

D. POST-AWARD ORIENTATION: A post-award orientation shall be conducted prior to the referral of any Veteran to new contract service providers. The orientation shall include the Contracting Officer, Contracting Officer’s Representative (COR) and/or alternate, at least one RCS staff member (if COR/alternate or not RCS staff members). All contract administrative, clinical and program duties and responsibilities shall be discussed.

E. KEY PERSONNEL: The personnel specified in the offeror’s proposal (and incorporated as an attachment or by reference herein) are considered to be essential to the work being performed hereunder. Prior to diverting any of the specified individuals to other programs, the Contractor shall notify the Contracting Officer’s Representative reasonably in advance and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the program. No diversion shall be made by the Contractor without the written consent of the Contracting Officer’s Representative.

F. CAPABILITY TO PROVIDE MEDICATIONS AND PHYSICAL EXAMINATIONS: The provision of medications and physical examinations are not considered a component of the readjustment counseling services required by this contract and will not be provided. Contractor should refer the veteran back to the VA hospital.

G. PROHIBITIONS: Contract providers are strictly prohibited from the use of commercial advertising of their readjustment counseling services under this contract in such a way as to imply that VA is endorsing or promoting the services.

H. PERSONNEL POLICY: The Contractor shall be responsible for protecting the personnel furnishing services under this contract. To carry out this responsibility, the Contractor shall provide the following for these personnel:

1. workers compensation;

2. professional liability insurance;

3. health examinations;

4. income tax withholding; and

5. social security payments.

The parties agree that the Contractor, its employees, agents and sub-Contractors shall not be considered VA employees for any purpose. The parties agree the VA employees, agents and sub-Contractors shall not be considered employees of the Contractor for any purpose.

10. INTRODUCTION AND LEGISLATIVE BACKGROUND

1. On the basis of extensive Congressional testimony and Department of Veterans Affairs (VA) consultation with experts on war-related readjustment difficulties, the character of “readjustment counseling” was initially established during a 10-year legislative history between 1969 and 1979. In 1979, the Congress passed and the President signed Public Law 96-22, which added to 38 United States Code (U.S.C.) Section 1712A, providing readjustment counseling to any eligible Vietnam era Veteran. As implemented by VA in 1979, readjustment counseling is provided through a nation-wide system of community-based Vet Centers. In 1982, VA initiated a new organizational element, Readjustment Counseling Services (RCS), to administer the Vet Centers and the provision of readjustment counseling.

1. The term “readjustment counseling” means: Individual, group, and family counseling, employment counseling, bereavement, benefits counseling, and referral services for eligible Veterans who have psychosocial problems as part of readjustment to civilian life after military duty during the specified conflicts. The counseling may include traditional psychotherapeutic modalities but the purpose of psychotherapy (or any modality) must be, as a primary task, to address readjustment difficulties derived from military duties and the homecoming experience.

11. POLICY AND AUTHORITY

1. In April 1991, Congress amended 38 U.S.C. 1712A to authorize VA to furnish readjustment counseling to Veterans of the Persian Gulf war and the conflicts in Lebanon, Grenada and Panama. The law further authorized VA to furnish, by contract with approved private sector providers, readjustment counseling to eligible Veterans where VA cannot provide such services. Contract program operations are the responsibility of a coordinated effort by Veteran Center medical officials.

1. In October 1997, congress amended 38 U.S.C. 1712A to expand eligibility for readjustment counseling at Vet Centers to any Veteran who served in the active military in a theater of combat operations during a period of war, or in any other area during a period in which hostilities occurred in such area. The law specified that the term “hostilities” means any armed conflict in which the members of the Armed Forces are subjected to danger comparable to a period of war, as determined by the Secretary in consultation with the Secretary of Defense. Under the amended law, Veterans who served during the Vietnam era, but not in a theater of combat operations, will continue to be eligible for readjustment counseling if they seek or are furnished such counseling before January 1, 2000.

12. ELIGIBILITY FOR COUNSELING SERVICES

A. Public Laws 95-22, 97-72, 98-160, 99-576, 100-322, 10225 and 104-262, The Veterans Health Care Eligibility Reform Act of 1997, require VA to provide readjustment counseling services for:

1. Any Veteran who served in a theater of combat operations during WWII and is eligible for one or more of the following three campaign medals:

a. The European-African-Middle Eastern Campaign Medal: awarded for theater military service to include combat operations, during the period December 7, 1941, through November 8, 1945.

b. The Asiatic-Pacific Campaign Medal: awarded for theater military service to include combat operations, during the period December 7, 1941, through March 2, 1946.

c. The American Campaign Medal: awarded for theater military service to include combat operations during the period of December 7, 1941, through March 2, 1946.

2. Any Veteran who served in the theater of combat operations in Korea during the Korean War, and is eligible for the Korean service Medal; awarded the theater military service to include combat operations during the period June 27, 1950, through July 27, 1954.

3. Any Veteran who served in the theater of combat operations in Vietnam during the Vietnam era (February 28, 1961, through May 7, 1975).

4. Any Veteran who served on active duty during the Vietnam era, but not in a theater of combat operations in Vietnam (August 5, 1964, through May 7, 1975) will not be eligible for contract counseling services.

5. Any Veteran who served in the Lebanon theater of operations (August 25, 1982 through February 26, 1984).

6. Any Veteran who served in the Grenada theater of operations (October 23, 1983, through November 21, 1983).

7. Any Veteran who served in the Panama theater of operations (December 20, 1989, through January 31, 1990).

8. Any Veteran who served in the Persian Gulf War (August 2, 1990, and ending by Presidential proclamation or law).

9. Any Veteran who served in the Somalia theater of operations (September 17, 1992, and ending by Presidential proclamation or law).

10. Any Veteran who served in the former Republic of Yugoslavia, including Kosovo and Bosnia and Operations Joint Endeavor, Joint Guard and Joint Forge (November 20, 1995, and ending by Presidential proclamation or law).

11. Sexual trauma/harassment regarding Veterans of both sexes, all eras. Counseling for sexual trauma/harassment IS NOT covered by this contract.

12. Global War On Terrorism-Veterans who serve or have served in military expeditions to combat terrorism on or after September 11, 2001 and before a terminal date yet to be established.

13. Bereavement- Parents, spouses and children of Armed Forces personnel who have died in the service of their country. Family members of Reservists and Nation Guardsmen who die while on duty are included.

B. Eligible Veterans must also have been discharged under honorable conditions or with a character for which basic eligibility to receive VA benefits has been established through adjudicative decision by VA (e.g., in the case of Veterans possessing Undesirable Discharges, Bad Conduct Discharges, or General Discharges Under Other Than Honorable Conditions).

C. Veterans possessing a Dishonorable Discharge are NOT eligible for services provided under this program.

D. Eligibility will be verified by the COR usually by review of the DD214 submitted by the Veteran.

E. In those situations where eligibility cannot be verified prior to authorization, the VA employee making the referral may authorize the referral to the Contractor on the basis of presumptive eligibility, if it is clinically determined that an emergency exists requiring provision of immediate readjustment counseling services. In such cases, the VA referrer will inform the Veteran that if eligibility is not substantiated, the Veteran will be billed for all counseling services received.

13. REFERRALS AND AUTHORIZATION FOR COUNSELING SERVICES

A. Referrals to readjustment counseling contract providers may be made by:

1. Qualified Vet Center staff.

2. Veterans Health Administration (VHA) qualified mental health professionals (psychiatrist, psychologist, social worker, or a psychiatric nurse clinical specialist) at VA health care facilities can make referrals to the Vet Center. All referrals made by VHA mental health professionals who are not Vet Center staff, will be facilitated by the Vet Center Team Leader/Contracting Officer’s Representative (COR.), as the latter will assume responsibility for monitoring the case once the referral is made.

B. Contract readjustment counseling includes the same mix of social and psychological services as provided at Vet Centers, with the exception of community outreach. The purpose of the contracts program, as intended by Congress and implemented by VA, is for the provision of readjustment counseling and not for general mental health services. Contract readjustment counseling may include social services and/or psychotherapy, but the services provided must address readjustment difficulties deriving from military duties and/or homecoming experiences. The provision of services for problems not having a clear and distinct relationship to military duty and readjustment to civilian life form military duty, is not authorized.

C. Specifically, the difficulties which comprise war-related readjustment difficulties referable to a contract provider are the following:

1. Psychosocial problems related to exposure to war trauma.

2. Psychosocial problems related to other stressful experiences of military duty in a war-zone.

3. Psychosocial problems related to post-war adjustment to civilian family and work roles.

4. Psychosocial problems related to type of military discharge.

5. Psychosocial problems related to substance abuse clinically associated with military duty or post-military readjustment.

6. Psychosocial problems related to post-war homecoming experiences.

7. Psychosocial concern over possible exposure to chemical and/or biological agents in the war-zone.

8. Generalized alienation from society related to interruptions in the normal post-war readjustment process.

D. Prior to making a referral, the Veteran must be interviewed by the VA referrer.

1. Although this may be either in person or by telephone, the referrer is responsible for ensuring that eligibility definitions and clinical assessment requirements are met. The clinical evidence should establish that the Veteran’s problems are clearly related to the military experience, be reflected in the reason for referral, and be documented in the Veteran’s record.

2. Self-referrals and referrals of Veterans who were or are in the private contract provider’s caseload cannot be authorized, unless the assessment described above is carried out. In no event may VA be billed or required to pay for services delivered prior to authorization for care.

E. After eligibility has been verified and the need for readjustment counseling clinically established, the Vet Center Team Leader/COR will complete and sign Form 10-5565b, Readjustment Counseling Services Contract Service Authorization which officially effects a referral to the contract service provider. The completion and disposition of Form 10-5565b is to be implemented according to the instructions on the form.

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SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies…