36C26118Q0591-001.pdf

Performance Work Statement Legal Services

VA Sierra Nevada Health Care System

Section 1: General Information

1.1 General: This is a non-personal services contract to provide legal services for the VA Sierra Nevada Health Care System (VASNHCS). The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn, is responsible to the Government.

1.2 Background: VASNHCS has encountered barriers to discharge for Washoe County Veterans who lack decision-making capacity and require a legally-appointed guardian to facilitate discharge. Historically, Washoe County Public Guardian’s (WCPG) Office was available to receive referrals for guardianship. They would work up the case and use their county attorney to petition court for appointment. Around 2013, WCPG decided that since the Nevada Statute allows for anyone to file on behalf of an incapacitated party, they declared that they will only be available to accept appointments of guardianship after a Petition for Guardianship has been filed.

The resulting impact is that an interested party must petition the court for guardianship first to be able to access the WCPG Office. For Veterans who are inpatient at VASNHCS, reside within Washoe County and have no family/friends to petition on their behalf, the burden of petitioning the court to access the Public Guardians Office falls to the VA Medical Center. Other counties in NV and N. California still accept referrals for guardianship/conservatorship and do not require the VA to petition to obtain access to the Public Guardian’s Office.

1.3 Period of Performance: July 1, 2018 June 30, 2019

1.4 Place of Performance: The work to be performed under this contract will be performed at the office of the contractor or the appropriate court of jurisdiction

1.5 Hours of Operation: Services will be required during normal business hours between 8:00 a.m. to 5:00 p.m., seven days a week including Federal Holidays.

1.6 Invoicing: All invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

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.

More information on the VA Financial Services Center is available at http://www.fsc.va.gov/einvoice.asp.

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 http://www.tungsten-network.com/US/en/veterans-affairs/ http://www.fsc.va.gov/einvoice.asp 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

Section 2: Definitions & Acronyms

2.1 Definitions:

Contractor. A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

Subcontractor. One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

Work Day. The number of hours per day the Contractor provides services in accordance with the contract.

Work Week. Monday through Friday, unless specified otherwise.

2.2 Acronyms:

COR Contracting Officer Representative PWS Performance Work Statement VA Veterans Affairs VASNHCS Veterans Affairs Sierra Nevada Health Care System WCPG Washoe County Public Guardian

Section 3: Government Furnished Property, Equipment, and Services

The Government will complete necessary referral paperwork with accompanying supportive documentation to substantiate need for guardianship; will communicate by phone and email with community stakeholders;

facilitate access to Veteran as well as Veteran’s appearance at the court hearing as appropriate.

The Government will provide the paperwork necessary to facilitate representation in the appeal process.

mailto:VA.Registration@Tungsten-Network.com mailto:vafsccshd@va.gov

Section 4: Contractor Furnished Items and Services

The Contractor shall provide all equipment, supplies, management, supervision, personnel, and transportation necessary to assure that all services are in accordance with the contract and all applicable laws and regulations.

The contractor shall ensure all work meets performance standards specified in this Performance Work Statement (PWS) and referenced documents.

Section 5: Specific Tasks

5.1 General Requirements for Guardianship

A. Attorney shall provide legal services and legal advice to discover, analyze financial information, as requested by client, for qualifying for federal or state benefits as requested by client; to determine is a lesser-restrictive placement option may be appropriate; to obtain a court order appointing a guardian.

B. Contractor will perform legal services, to include, but not limited to court appearances, telephone calls and/or conferences to and from client; office conferences, legal research, depositions, review of file materials and documents sent or received, travel time; waiting time, preparation for trial, hearings and court conferences; drafting of pleading, correspondence and office memoranda. The contractor shall work to secure the appointment of the Public Guardian as guardian of person and/or estate of the impaired Veteran or in the alternative, the Court’s decision to decline to appoint.

5.2 General Requirements - Guardianship Appeal

A. Attorney shall pursue all available legal relief under Nevada Revised Statute Chapter 159 “Guardianship.” Attorney shall provide legal services and legal advice to represent the VASNHCS during the appeal filed by the Washoe County Public Guardian’s Office

B. Contractor will perform legal services, to include, but not limited to court appearances, telephone calls and/or conferences to and from client; office conferences, legal research, depositions, review of file materials and documents sent or received, travel time; waiting time, preparation for trial, hearings and court conferences; drafting of pleading, correspondence and office memoranda. The contractor shall work to represent the VASNHCS during the appeal process and to present the case in the best interest of the client. Contractor shall maintain a license to practice law in the State of Nevada. Contractor must have experience with the appellate court system in the State of Nevada. Contractor will notify the VA Sierra NV Healthcare System contact when and if the agreed upon fee and hours may exceed the contracted amount.

5.3 Basic Services

The contractor shall provide legal services, to include, but not limited to court appearances, telephone calls and/or conferences to and from client; office conferences, legal research, depositions, review of file materials and documents sent or received, travel time; waiting time, preparation for trial, hearings and court conferences;

drafting of pleading, correspondence and office memoranda. The contractor shall work to maintain the appointment of the Public Guardian as guardian of person and/or estate of the impaired Veteran.

5.4 Task Heading

Services include, but not limited to court appearances, telephone calls and/or conferences to and from client;

office conferences, legal research, depositions, review of file materials and documents sent or received, travel time; waiting time, preparation for trial, hearings and court conferences; drafting of pleading, correspondence and office memoranda.

5.5 Code of Conduct

The contractor will abide by the Professional Code of Conduct for members licensed by the Nevada State Bar.

5.6 Deliverables

Hard copy of items provided to court and attorney. Copies may be scanned for VA purposes.

5.7 Performance Requirements Summary

Performance Objective Standard Performance Threshold Method of

Surveillance

PRS # 1.

The contractor shall provide legal services necessary to represent the VASHCS during the appeal process

The contractor provided legal services as a representative of the VASNHCS and the identified Veteran. The contractor should be licensed to practice law in Nevada.

Represent each assigned case to completion.

Observation per court attendance and deliverables of guardianship obtained successfully.

PRS # 2

Contractor shall respond to POC within 24 business hours of receiving the information.

The VA POC will provide the attorney with a completed packet of information regarding the appeal.

VA POC will maintain open communication with attorney and attorney will respond within 24 business hours of receiving information

Documentation patient record in

CPRS.

Section 6: Attachments

Attach #1 Quality Assurance Surveillance Plan

Standard