36C26020Q0049-002.docx

36C26020Q0049

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

36C26020Q0049 02-14-2020 Darlene Anderson 253-888-4905 03-06-2020 663A Department of Veterans Affairs Network Contracting Office 20 1495 Wilmington Drive, Suite 360 DuPont WA 98327 X 623220 $16.5 Million N/A X 663A Services to be performed at Contrator's facilities

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:

SUB-ACUTE RESIDENTIAL DETOXIFICATION SERVICES

for the VA Portland Healthcare System (VAPORCHS), Oregon Period of Performance: 4/1/2020 – 3/31/2025 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 (90C) Darlene Anderson 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 SPECIAL CONTRACT REQUIREMENTS

Under the authority of Public Law 104-262 and 38 USC 8153, the contractor agrees to provide Health Care Resources in accordance with the terms and conditions stated herein, to furnish to and at the Department of Veterans Affairs Medical Center, Portland Health Care System (VAPORHCS), OR, the services and prices specified in the Section entitled Schedule of Supplies/Services of this contract.

1. SERVICES: The services specified in the Sections entitled Schedule of Supplies/Services and Special Contract Requirements may be changed by written modification to this contract.

2. National Holidays: The 10 holidays observed by the Federal Government are:

New Years Day Martin Luther King’s Birthday Presidents Day Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Christmas AND any other day specifically declared by the President of the United States to be a national holiday.

3. 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:

- general liability

- workers compensation

- professional liability insurance

- health examinations

- income tax withholding, and

- social security payments.

The parties agree that the contractor, its employees, agents and subcontractors shall not be considered VA employees for any purpose.

B.3 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 paragraph 2.5.4.

B.4 MINIMUM / MAXIMUM

MINIMUM AND MAXIMUM in accordance with FAR 16.504(a)(4)(ii): The guaranteed minimum contract quantity is $500.00. The maximum quantity shall not exceed $1,500,000.00. The Government does not guarantee that it will place any orders under this contract in excess of the guaranteed minimum award amount.

B.5 PRICE/COST SCHEDULE

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

AMOUNT

Contract Period: Base POP Begin: 04-01-2020 POP End: 03-31-2025

Will be bulk funded

B.6 PERFORMANCE WORK STATEMENT

SUB-ACUTE RESIDENTIAL DETOXIFICATION SERVICES

FOR THE

VA PORTLAND HEALTHCARE SYSTEM (VAPORHCS), OREGON

1.0. GENERAL: This contract is intended to provide sub-acute residential alcohol and drug detoxification services to Veterans served by Veteran's Affairs Portland Health Care System (VAPORHCS), OR. The level of care will be Medically-Monitored Detoxification in a sub-acute residential setting.

2.0. CONTRACT REQUIREMENTS:

2.1. The Contractor shall provide the following Medical Services:

a. A physical exam conducted by an RN at admission;

b. Medically-monitored detoxification from alcohol and drugs;

c. Detoxification from opioids utilizing buprenorphine and other agents as needed for symptom relief;

d. Detoxification from alcohol utilizing chlordiazepoxide or oxazepam and other agents as needed for symptom relief;

e. Monitoring and symptomatic relief from stimulant withdrawal;

f. Monitoring of chronic medical conditions during withdrawal;

g. Monitoring for mental health symptoms that emerge during withdrawal;

h. 24-hour Nursing coverage;

i. Availability of an on-call Physician 24 hours a day; and

j. Availability of the contract facility Medical Director by phone 24 hours a day for emergencies.

2.2. The Contractor shall provide the following Urgent Care Clinic services:

a. Medical management of chronic medical conditions;

b. Medical management or referral for acute medical conditions;

c. Medical management of complications of withdrawal;

d. Urgent Care Clinic will be staffed by a Physician or Nurse Practitioner 3 times per week;

e. Addiction Counselor or Rehabilitation Tech support; and

f. Availability of medical support for monitoring and documenting vital signs and behavior.

2.3. The Contractor shall provide the following Clinical Services:

a. Alcohol and drug counseling, and services below, by certified alcohol and drug counselors;

b. Written Biopsychosocial Assessment;

c. Written Treatment Planning and Discharge Planning

d. Individual and group supportive counseling;

e. Patient education on effects of alcohol and drugs, relapse prevention, and community treatment and housing resources; and

f. Availability of acupuncture for those requesting it.

2.4. The Contractor shall provide the following Support Services:

a. Separate sleeping and dining facilities for women;

b. Three meals a day, plus snacks and drinks;

c. Availability of laundry facilities;

d. Personal hygiene items as needed;

e. A second set of clothing, i.e., scrubs, robes, slippers;

f. A bed, bedding, and towels; and

g. A secure locker and/or wardrobe space for personal property.

2.5. The Contractor shall provide access and referral services:

2.5.1. Priority access to residential detox services will be provided each morning, Monday through Friday.

2.5.2. The Contractor shall accept same-day referrals as physician staff are available after pre-arranged admission appointments, provided the Veteran has been cleared for sub-acute Medically-Monitored Detoxification, up to the funding limits of the contract.

2.5.3. In the event that the funded contract treatment episodes are exhausted, the Contractor shall notify the Contracting Officer and VAPORHCS Detox Liaison that the standard non-contract admission procedures will be re-instituted.

2.5.4. The Contractor shall only accept Contract referrals from the VAPORHCS Substance Abuse Treatment Program.

2.5.5. The Contractor shall refer Veterans whose medical condition cannot safely be treated in the sub-acute residential level of care to the VAPORHCS Emergency Department (ED) or, in the event of diversion, to the nearest hospital. In a medical or psychiatric emergency or urgent care situation, the Contractor shall notify the VAPORHCS ED prior to returning a patient to the Medical Center.

2.5.6. The Contractor shall refer Veterans who leave early or Against Medical Advice (AMA), as well as those who complete detoxification, to the most clinically appropriate level of VA substance abuse treatment, to include residential or outpatient substance abuse treatment at VAPORHCS or another VA facility.

2.5.7. The Contractor shall notify the VAPORHCS Substance Abuse Treatment Program (SATP) and forward documents to the designated SATP Detox Liaison person prior to discharge from Contractor's facility. Documents forwarded at the time of referral will include: Assessment, Active Medications sheet, all Progress Notes pertinent to the transfer, and the Discharge Note or Summary.

2.6. The Contractor shall adhere to all applicable accreditation and certification standards:

2.6.1. The Contractor shall meet applicable Joint Commission for the Accreditation of Healthcare Organization Life Safety Guidelines.

2.6.2. The Contractor shall notify VAPORHCS immediately and in writing of deficiencies in meeting accreditation, certification, or other Federal, State, or Local standards.

2.6.3. The Contractor shall abide by new accreditation or certification standards as they arise during the period of this contract.

2.7. The Contractor shall provide for the health and safety of patients and staff:

2.7.1. The Contractor’s facility shall conform to the standards of the Life Safety Code (National Fire Protection Association Standard #101) in effect on the date of contract award.

2.7.2. The Contractor shall meet all Federal, State and Local Laws, regulations, and codes pertaining to health and safety.

2.7.3. The Contractor shall assist VAPORHCS personnel to conduct periodic inspections of patient and employee safety, security, and sanitation practices throughout the facility at the discretion of the VA.

2.7.4. The Contractor shall notify VAPORHCS immediately and in writing of deficiencies in meeting Federal, State, or Local standards for health and safety of patients and staff.

2.7.5. The Contractor shall assure that the facility is secure during and after business hours by employing staff observation, locked doors, or cameras.

2.8. The Contractor shall provide for safe storage, administration, and dispensing of medications:

2.8.1. The Contractor shall provide locked storage for the Veteran's medications.

2.8.2. The Contractor shall maintain a system for monitoring and documenting the Veteran's medication compliance.

2.8.3. The Contractor shall notify the VAPORHCS Detox Liaison of prescription discrepancies, unanticipated side effects, adverse medical or psychiatric events, or other medication-related problems and shall seek reconciliation of such problems.

2.8.4. The Contractor shall maintain safe procedures for buying, storing, dispensing, administering, reconciling, and disposing of medications. The Contractor shall allow inspection by VAPORHCS personnel of these policies, procedures, and facilities.

2.9. The Contractor shall provide reports and information for Quality Assurance Monitoring:

2.9.1. The Contractor shall call or submit a list of all admitted Veterans referred by the Detox Liaison with each patient's name, Social Security number, date of birth (DOB), drug(s) of choice, outcome of treatment, and referral information from the Contractor to any subsequent program or facility. This shall be submitted to the Detox Liaison daily. The Contractor shall also inform the Detox Liaison of drop-outs from detoxification within 24 hours of the event.

2.9.2. The Contractor shall send a report on all VA-referred patients indicating the number of Veterans who have been referred to Detox, the number admitted, the number of Incomplete or Declined admissions, the number of Medical or Behavioral Discharges, the number of AMA discharges, and the number of Veterans referred to ongoing treatment at any VA Substance Abuse Treatment Program. This will be submitted to the Detox Liaison quarterly.

2.9.3. The Contractor shall report adverse medical and psychiatric events, such as medication errors, adverse reactions to medication, or sentinel events (loss of life or threat of injury to life or limb) to the Detox Liaison within 24 hours. A summary report of these events will be submitted quarterly to the Detox Liaison or designee.

3.0. DISCRIMINATION PROHIBITED:

3.1. The Contractor shall accept referral of and shall provide all services specified in this contract for any person determined eligible by the Directors, Mental Health and Neurosciences Division, VA Portland Health Care System (VAPORHCS), Oregon, or their designee, regardless of the race, religion, color, gender, national origin, disability, sexual orientation, gender identity, age, education, geographic origin, and skill characteristics of the person for whom such services are ordered. In addition, the Contractor warrants that subcontracting will not be resorted to as a means of circumventing this provision.

3.2. The Contractor shall not maintain nor provide dual or segregated patient facilities, which are segregated on the basis of race, religion, color, gender, national origin, disability, sexual orientation, gender identity, age, education, geographic origin, and skill characteristics. (Note: Services such as sleeping and dining quarters separated by gender are required by this Contract.) The Contractor shall neither require such segregated use by written or oral policies nor tolerate such use by local custom. The term "facilities" shall include but not be limited to rooms, wards, sections, drinking fountains, and entrances, and other like areas.

4.0. CLINICAL RECORDS:

4.1. All medical records concerning the Veteran's care in the Contracted program shall be readily accessible to the VA. Upon discharge or death of the patient, the Contractor shall retain medical records for a period of at least three years following termination of care. Patient records shall be maintained in conformance with the Privacy Act of 1974 (5 U.S.C. 552a). A medical record shall be maintained for each patient. All Medical records shall be treated according to the Special Confidentiality/Prohibition of Re-disclosure Regulations of 42CFRPart 2 (and updates) for Substance Abuse Treatment Programs.

4.2. Security of information and IT systems: VAPORHCS has determined that the C&A requirements do not apply, and a Security Accreditation Package is not required.

5.0. SUPERVISION OF CONTRACT PERFORMANCE:

5.1. This contract for Medically-Monitored Detoxification will be supervised by the Contracting Officer (CO), Contracting Officer Representative (COR), Mental Health and Neurosciences Division (MHND) Clinical Consultant, and the Detox Liaisons at the Substance Abuse Treatment Program of VAPORHCS. The Contractor shall adhere to guidelines from those officials. The Contractor shall provide no more than 30 days of detoxification services to an individual Veteran in a calendar year. The Veteran shall be provided detoxification services at the expense of VA for a period not in excess of that stated in the Authorization received from VA, unless an extension of the authorization is provided in writing by the Substance Abuse Treatment Program of the VAPORHCS. The Detox Liaisons will be given information necessary to authorize and document the authorization in the Veteran's Electronic Health Record (EHR).

5.2. The Government will have the right to inspection of the Contractor’s facility and all appurtenances by authorized VA representative(s) to ensure that acceptable safety, security, sanitation, and quality of environment standards are maintained and that the necessary clinical care to maintain the well-being of the patient is rendered.

5.3. Duly authorized representatives of the Government will provide follow-up supervision visits to Veterans placed to assure the extent, quality, and continuity of care and to determine whether acceptable standards are maintained and that adequate care is being rendered. These visits do not substitute for nor relieve the Contractor in any way of the responsibility for the agreed upon plan of care including the medical, psychiatric, and addiction treatment of the Veteran.

6.0. REPORTS:

6.1. The Contractor shall submit reports to the Detox Liaison or designee on the utilization of services for VA-referred patients. The Contractor shall send a report on all VA-referred patients indicating the number of Veterans who have been referred to Detox, the number admitted, the number of Incomplete or Declined admissions, the number of Medical or Behavioral Discharges, the number of AMA discharges, and the number of Veterans referred to ongoing treatment at any VA Substance Abuse Treatment Program. Utilization of service reports will include average length of stay and drop-out rate, a list of adverse medical/psychiatric events or sentinel events, outcomes of treatment, and performance improvement efforts. These reports shall be submitted quarterly.

6.2. The Contractor shall call or submit a list of all admitted Veterans referred by the Detox Liaison with each patient's name, Social Security number, DOB, drug(s) of choice, outcome of treatment, referral information from the Contractor to any subsequent program or facility, and program completion status. This shall be submitted to the Detox Liaison daily. The Contractor shall also inform the Detox Liaison of drop-outs from detoxification within 24 hours of the event.

6.3. The Contractor shall inform the Detox Liaison of sentinel events, adverse medical or psychiatric events, medication errors, or other emergencies within 24 hours of the occurrence.

7.0. TERMINATION OF SERVICES: The VAPORHCS reserves the right to remove any or all VA patients from the Contractor’s facility at any time, when it is determined to be in the best interest of the VA or the patients.

8.0. RATE DETERMINATION: The Contractor shall provide to the VAPORHCS services to enrolled Veteran patients in accordance with all terms, provisions, general conditions, and requirements as listed herein, and in accordance with the Price/Cost Schedule. Prices are inclusive of all services as may be necessary in the treatment of the patient.

9.0. ABSENCE: Absence of the patient from the Contractor's Program for longer than 24 hours will not be reimbursable.

10.0. CONTRACT ADMINISTRATION:

10.1. The Contracting Officer is the only person authorized to approve changes or modify any of the requirements under this contract. The Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer is authorized to make commitments or issue changes which will affect price, quantity, terms or quality of performance of this contract.

10.2. In the event the contractor effects any such change at the direction of any person other than the Contracting Officer, the change shall be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.

11.0. PAYMENTS: Payments made by VA under this contract constitute the total cost of Contractor’s care. No additional charges will be billed to Medicare Part B, the beneficiary or his/her family, either by the contractor or any third-party furnishing services or supplies required for such care, unless and until specific prior authorization in writing is obtained from the VA facility authorizing placement. The contractor shall not solicit contributions, donations, or gifts from patients or family members.

12.0. PERFORMANCE STANDARDS:

12.1. Measure: Quality of Care

Performance Requirement: Referral to VA Substance Abuse Treatment Program at discharge.

Standard: VA-funded Veterans will be referred to ongoing substance use disorder treatment.

Acceptable Quality Level: GOAL: 90% of Veterans will be referred to VA Substance Use Disorder (SUD) Programs prior to discharge.

Surveillance Method: Contractor will report and document quarterly the percent of VA-funded Veterans who were referred to ongoing Substance Abuse Treatment (SA Tx) at any VA.

Referral to continuing care in substance abuse treatment should always be attempted and documented. This is one measure of quality of care.

Veterans will be referred to ongoing substance abuse treatment: Contractor will note documentation of a referral to any VA substance abuse treatment program. This measure applies only to Veterans who complete the detox program. The acceptable level of quality will be 90% of VA-referred Veterans who complete the detox program will be referred to ongoing substance abuse treatment in any VA Program.

12.2. Measure: Quality of Care/Safety

Performance Requirement: Safe completion of detox.

Standard: VA-funded Veterans will complete the detox process.

Acceptable Quality Level: GOAL: 80% of Veterans will complete the detox program Surveillance Method: Contractor will document quarterly the percent of VA-funded Veterans who completed the detox program vs drop-outs Detoxification is a challenging process; we wish to measure the completion rate as an indicator of quality of care and patient safety. Contractor will monitor by a tracking document or conduct a chart review of VA-referred Veterans to identify the number who complete the detox treatment (numerator) divided by the number who are admitted for detox (denominator). We expect a completion rate of 80%, but will meet with Contractor if this figure needs revision.

12.3. Measure: Quality/Safety

Performance Requirement: Adverse medical or psychiatric events.

Standard: 100% of Adverse Events on VA-funded Veterans will be reported to VAPORHCS Detox Liaison within 24 hours.

Acceptable Quality Level: GOAL: 90% of adverse events reported within 24 hours.

Surveillance Method: Contractor will report adverse events daily to the Detox Liaison. Contractor will keep data and submit quarterly report on adverse medical or clinical events for VA-funded Vets.

Adverse events, such as medication errors, adverse medical reactions, and sentinel events, are a constant threat as well as a learning opportunity. Contractor will report number and type of medication errors, adverse medical reactions, and sentinel events to the PVAMC Detox Liaison within 24 hours. In addition, the Contractor will provide a quarterly report summarizing the number and type of adverse events. Acceptable level of quality is 90% timely reporting for both the daily and quarterly measures.

13.0. NO EMPLOYEE STATUS: The Contractor shall be responsible for protecting Contractor’s employee(s) furnishing services. To carry out this responsibility, the Contractor shall provide or certify that the following is provided for all their staff providing services under the resultant contract:

Workers’ compensation Professional liability insurance Health examinations Income tax withholding, and Social security payments.

14.0. TORT LIABILITY: The Federal Tort Claims Act does not cover Contractor or Contractor’s employee(s). When a Contractor or Contractor’s employee(s) has been identified as a provider in a tort claim, the Contractor shall be responsible for notifying their legal counsel and/or insurance carrier. Any settlement or judgment arising from a Contractor’s (or Contractor’s employee[s]) action or non-action shall be the responsibility of the Contractor and/or insurance carrier.

36C26020Q0049

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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 provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause) ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Clause)

C.3 52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the effective date of the contract through the end of the effective period.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of Clause)

C.4 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $400.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of 2000 Days;

(2) Any order for a combination of items in excess of 2000 Days; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the…