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Five Year (5) Single Award IDIQ for VANCHCS On-Call Social Workers
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36C26119Q0176

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 SI

GN 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. SIGN

ATURE 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

36C26119Q0176 12-19-2018 Brian Trahan

(916) 923-4588 01-08-2019

1630 PST

612MCP

Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Northern California HealthCare System 975 Kirkman Avenue (90/CCA) Reno NV 89502 X X 561320 $27.5 Million

NET 30

X N/A X Department of Veteran Affairs VA Sierra Pacific Network (VISN 21) VA Northern California HealthCare System

612MCP

Department of Veterans Affairs Department of Veterans Affairs VA Northern California HealthCare System 3230 Peacekeeper Way, Bldg. 209 McClellan CA 95652-1012

Department of Veterans Affairs FMS VA-9(101) Financial Services Center PO Box 149971 Austin TX 78714-9971 See CONTINUATION Page Northern California VA Health Care System On-Call Social Worker Services for both Social Work and Mental Health Service Departments in accordance with Performance Work Statement In accordance with FAR 16.504, the Government intends to aw ard a Single Award Indefinite Quantity Contract as a result of this solicitation.

See CONTINUATION Page X X Tracy Worrell Contracting Officer Table of Contents

SECTION A1
A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS1
SECTION B - CONTINUATION OF SF 1449 BLOCKS4
B.2 DESCRIPTION/SCHEDULE/ORDERING/PERFORMANCE OF SERVICES5
B.3 PRICE/COST SCHEDULE5
ITEM INFORMATION5
SECTION C - CONTRACT CLAUSES29
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)29
C.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)34
C.3 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)35
C.4 52.216-18 ORDERING (OCT 1995)36
C.5 52.216-19 ORDER LIMITATIONS (OCT 1995)36
C.6 52.216-22 INDEFINITE QUANTITY (OCT 1995)37
C.7 52.232-18 AVAILABILITY OF FUNDS (APR 1984)37
C.8 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)38
C.9 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)38
C.10 VAAR 852.203-71 DISPLAY OF DEPARTMENT OF VETERAN AFFAIRS HOTLINE POSTER (DEC 1992)38
C.11 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)38
C.12 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)39
C.13 VAAR 852.271-70 NONDISCRIMINATION IN SERVICES PROVIDED TO BENEFICIARIES (JAN 2008)40
C.14 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (OCT 2018)40
C.15 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)47
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS48
SECTION E - SOLICITATION PROVISIONS49
E.1 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)49
E.2 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (OCT 2018)50
E.3 52.216-1 TYPE OF CONTRACT (APR 1984)55
E.4 52.233-2 SERVICE OF PROTEST (SEP 2006)55
E.5 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (SEP 2018)56
E.6 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008)57
E.7 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (SEP 2018)57
E.8 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)57
E.9 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (OCT 2018)58
E.10 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (JUL 2016)(DEVIATION)74
E.11 VAAR 852.273-74 AWARD WITHOUT EXCHANGES (JAN 2003)75

SECTION B - CONTINUATION OF SF 1449 BLOCKS

36C26119Q0176

B.1 CONTRACT ADMINISTRATION DATA

(continuation from Standard Form 1449, block 18A.)

1. CONTRACT ADMINISTRATION: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT:Contracting Specialist 36C261
Department of Veterans Affairs
U.S. Dept. of Veterans Affairs/Service Area Office West
Brian Trahan

Network Contracting Office (NCO) 21 3230 Peacekeeper Way Bldg. 209 McClellan, CA 95652 916-923-4599 brian.trahan@va.gov

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to thecontractor will be made in accordance with:
[X]52.232-33, Payment by Electronic Funds Transfer -
System for Award Management
[]52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly[]
b. Semi-Annually[]
c. Other[X] Monthly

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. Invoices 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 be changed during the Period of Performance of this acquisition. Current invoicing information is located at https://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 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

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

AMENDMENT NO DATE

B.2 DESCRIPTION/SCHEDULE/ORDERING/PERFORMANCE OF SERVICES

Description of Services This solicitation/contract will establish an Indefinite Delivery/Indefinite Quantity (IDIQ) for On-Call Social Worker Services in the Department of Veterans Affairs Northern California Health Care System area of operation in accordance with Performance Work Statement.

Ordering/Performance Period This IDIQ is for a 5-year ordering period of March 01, 2019 to February 29, 2024.

Contract Value The guaranteed minimum award amount for this contract is $1,000. The maximum aggregate value of orders that can be placed under this contract is $6,500,000.00. The Government does not guarantee that it will place any orders under this contract more than the guaranteed minimum award amount.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM NO
DESCRIPTION OF SUPPLIES/SERVICES
EST QTY
UNIT ISSUE
UNIT PRICE
AVG UNIT PRICE
EST TOTAL
1001
Social Worker Services IAW PWS (Dept. of Mental Health)

Performance Period 1: 03/01/2019 through 02/29/2020 4,800

AA
Social Worker BA/BSW

HR

AB
Social Worker MA/MSW

HR

AC
Social Worker LCSW/MFT

HR

1002
Social Worker Services IAW PWS (Dept. of Social Work Svcs)

Performance Period 1: 03/01/2019 through 02/29/2020 11,086

AA
Social Worker BA/BSW

HR

AB
Social Worker MA/MSW

HR

AC
Social Worker LCSW/MFT

HR

2001
Social Worker Services IAW PWS (Dept. of Mental Health)

Performance Period 2: 03/01/2020 through 02/28/2021 4,800

AA
Social Worker BA/BSW

HR

AB
Social Worker MA/MSW

HR

AC
Social Worker LCSW/MFT

HR

2002
Social Worker Services IAW PWS (Dept. of Social Work Svcs)

Performance Period 2: 03/01/2020 through 02/28/2021 11,086

AA
Social Worker BA/BSW

HR

AB
Social Worker MA/MSW

HR

AC
Social Worker LCSW/MFT

HR

3001
Social Worker Services IAW PWS (Dept. of Mental Health)

Performance Period 3: 03/01/2021 through 02/28/2022 4,800

AA
Social Worker BA/BSW

HR

AB
Social Worker MA/MSW

HR

AC
Social Worker LCSW/MFT

HR

3002
Social Worker Services IAW PWS (Dept. of Social Work Svcs)

Performance Period 3: 03/01/2021 through 02/28/2022 11,086

AA
Social Worker BA/BSW

HR

AB
Social Worker MA/MSW

HR

AC
Social Worker LCSW/MFT

HR

4001
Social Worker Services IAW PWS (Dept. of Mental Health)

Performance Period 4: 03/01/2022 through 02/28/2023 4,800

AA
Social Worker BA/BSW

HR

AB
Social Worker MA/MSW

HR

AC
Social Worker LCSW/MFT

HR

4002
Social Worker Services IAW PWS (Dept. of Social Work Svcs)

Performance Period 4: 03/01/2022 through 02/28/2023 11,086

AA
Social Worker BA/BSW

HR

AB
Social Worker MA/MSW

HR

AC
Social Worker LCSW/MFT

HR

5001
Social Worker Services IAW PWS (Dept. of Mental Health)

Performance Period 5: 03/01/2023 through 02/29/2024 4,800

AA
Social Worker BA/BSW

HR

AB
Social Worker MA/MSW

HR

AC
Social Worker LCSW/MFT

HR

5002
Social Worker Services IAW PWS (Dept. of Social Work Svcs)

Performance Period 5: 03/01/2023 through 02/29/2024 11,086

AA
Social Worker BA/BSW

HR

AB
Social Worker MA/MSW

HR

AC
Social Worker LCSW/MFT

HR

ESTIMATED GRAND TOTAL
$

ON-CALL & “AS NEEDED” SOCIAL WORKER COVERAGE

FOR BOTH SOCIAL WORK AND MENTAL HEALTH SERVICES

AUGUST 29, 2018

1. SCOPE OF WORK

The Contractor shall furnish personnel to provide Social Work Services for eligible and pre-authorized beneficiaries of the Department of Veterans Affairs Northern California Health Care System (hereinafter referred to as VANCHCS). The Contractor personnel will augment the VA Social Services and Mental Health (MH) Services staff throughout the VANCHCS catchment area on an “as needed” and on-call basis.

Contractor personnel will primarily focus on providing Social Work Services in Community Care, Medical Social Work, Mental Health, and Homeless Services. Services provided will include but not be limited to: inpatient, outpatient, and telephonic outreach work for Veterans and their families. Emphasizes will be on providing direct care. Social Workers shall be competent in general social work functions, possess a MSW or a clinical license. Contractor will provide personnel to be located and or deployed as needed at one or more of the following VANCHCS locations: MTZ CLC, Oakland Outpatient Clinic, Martinez OPC, Fairfield/Mare Island OPC, Sacramento/Mather Hospital and OPC, McClellan OPC, Yuba City OPC, Chico OPC, Redding OPC, and Yreka OPC.

2. GENERAL REQUIREMENTS

2.1 To work for the Social Work Service, contract workers must meet the qualifications standard for the GS-9/11 or 12, Social Worker, as defined in VA Handbook 5005, Part II Appendix G39, Social Work Qualification Standard GS-185 Veterans Health Administration. A minimum of 1-year experience providing services in an acute medical or nursing home care, or psychiatric facility, or working within a community agency. A Master’s Degree in Social Work granted by a graduate program fully accredited by the Council on Social Work Education (CSWE).

2.2 To work for the Mental Health Service, contract workers must meet the qualifications standard for the GS-12, Social Worker, as defined in VA Handbook 5005, Part II Appendix G39, Social Work Qualification Standard GS-185 Veterans Health Administration. A minimum of 1-year experience providing mental health services is required. A Master’s Degree in Social Work granted by a graduate program fully accredited by the Council on Social Work Education (CSWE). Valid State LCSW License or State equivalent is required for the Mental Health contract positions.

2.3 Must be able to communicate effectively both orally and in writing, with all employees.

2.4 Skill and efficiency in use of Microsoft Office package, practices professional phone etiquette, skills in typing and filing, and strong customer service skills. Ability to interpret and apply written instructions, guidelines, policy memorandums, etc. This includes the ability to gather, organize, and compile factual material.

2.5 Complete all VA Northern California Health Care Systems Facility Credentialing and Privileging process and requirements.

3. ADDITIONAL REQUIREMENTS FOR SOCIAL WORKERS WHOM WORK IN MENTAL

HEALTH SERVICE Generally, the Social Worker for Mental Health will provide these types of services and interventions:

3.1 Develops appropriate treatment plans. Using known available resources and the initial assessment of the client's likelihood to accept differing types of assistance, makes initial and continuing decisions regarding services and referrals.

3.2 Provides clinical services to clients including, but not limited to, assessment, referral, case management, psychoeducational for individuals and groups, and approved therapeutic interventions (based on training and privilege level). Provides individual, family and group psychotherapy for clients with serious medical and mental health issues and diagnoses. Makes referrals to other agency organizations, community resources (i.e. transition or halfway houses, shelters, etc.), or other governmental resources to resolve problems.

3.3 Employs methods and techniques to establish and maintain a therapeutic relationship that will help the client work towards the best way of dealing with his/her problems.

3.4 Evaluates progress towards goals, providing follow-up after referral and adjusts treatment plan if results are inadequate. Monitors client's progress, maintains comprehensive case documentation, ensures expert diagnosis and treatment of clinical disorders, and shows competent discretion in decision to adjust treatment.

3.5 Explains client's treatment and progress towards goals to third parties with jurisdiction.

3.6 Performs work in compliance with the National Association of Social Worker’s (NASW) Code of Ethics, Social Work Service Performance Standards and all Federal, State, and local laws and regulations pertinent to clinical social work practice.

4. KNOWLEDGE AND EXPECTATIONS REQUIRED BY THE POSITION FOR SOCIAL WORKERS

WHOM WORK IN MENTAL HEALTH SERVICE

4.1 Knowledge of the principles and theoretical concepts of Mental Health (MH) social work as well as the administrative mechanisms appropriate to the assignment. Requires a basic knowledge of the program objectives of both State and Federal agencies to ensure that action is appropriate.

4.2 Must have advanced license, i.e. LCSW in California, with at least one year of experience providing Mental Health treatment. Must be able to provide biopsychosocial assessments, appropriately address crisis situations including evaluate for involuntary holds, diagnosis using DSM-5 and provide psychotherapy.

4.3 Employee will be supervised daily by a First-Line Mental Health provider.

4.4 Work involves intensive MH social work services requiring the exercise of mature professional judgment and the flexible use of a wide range of social work skills. Contractor will provide services in serious and complicated cases. Carries full professional responsibility for cases presenting a wide range of psychosocial and environmental problems.

4.5 The purpose of the work is to apply professional therapeutic techniques and methods related to the situation or specialized area involved. The work affects the livelihood and quality of life of individuals and the operation of agency programs.

4.6 Contacts are with numerous clients, professionals and administrative and managerial staff in same and other agencies.

4.7 Work is typically performed in a clinical setting that exposes the incumbent to communicable diseases common of the client population. Some work may be performed in a setting away from the office where the environment cannot be controlled.

5 ORGANIZATIONAL RELATIONSHIP

5.2 Contractor employee shall be supervised daily by a first-line Social Work or Mental Health Service supervisor or designee.

5.3 Contractor employees shall be required to perform duties on their own initiative.

5.4 Contractor employees shall act in thoroughly professional manner always. He or She shall work in harmony with other members of the profession and technical staff in keeping with the established procedures at VANCHCS. Tact and courtesy are mandatory when interacting with patients and staff.

5.5 Contractor employees shall be required to understand the VA's mission of the VA health care system.

6 WORK HOURS

6.2 Work hours are typically, Monday through Friday, 0800-1630; hours may be adjusted when contractor and supervisor agree and such change support the mission and program goals. Any changes will be made in writing.

6.3 The ten (10) holidays observed by the Federal Government are: New Year's Day, Veterans Day, Thanksgiving, Christmas, Martin Luther King's Birthday, Memorial Day, Independences Day, Labor Day, Columbus Day, and any other day specifically declared by the President of the United States to be a national holiday. Although unlikely, Contractor may be required to provide services on these holidays.

6.4 Vacation (leave/absences) shall be the responsibility of the contractor. Contractor employees shall coordinate leave/absences with the first-line Social Work or Mental Health Service supervisor.

8. WORKING HOURS FOR SOCIAL WORKERS WHOM WORK IN MENTAL HEALTH SERVICE

Typically, the work hours are Monday through Friday, 0800-1630; hours may be adjusted when contractor and supervisor agree and such changes support the mission and program goals of MH Service. Any changes will be made in writing.

9. UNIFORMS

Contractor employees shall maintain a neat personal appearance and maintain a professional decorum in accordance with VANCHCS policy statement (PS), Appropriate Dress and Personal Appearance, PS00-2.

10. EQUIPMENT/SUPPLIES/FORMS

Contractor employees shall have the use of all required equipment, supplies, and forms for performing services required by this contract.

11. WORK SPACE

Work location, work space, and required equipment and supplies will be furnished by the Agency. This may include computer access, telephone access, pager and lap top, (if contractor meets all required pre-requisites for access to such equipment.)

12. REFUSAL/DISMISSAL

VANCHCS reserves the right to refuse or dismiss contractor personnel whose personal or professional conduct jeopardizes patient care or the regular and ordinary operation of the facility. Reason for refusal or dismissal include, but are not limited to: unsatisfactory performance prior to and/or during the term of the contract, failure to receive favorable adjudication during a VA background investigation, failure to satisfy the requirements of the contract, physical or verbal abuse to patients, staff, or visitors; intoxicating or debilitation resulting from drug use; theft, patient abuse, dereliction or negligence in performing directed tasks; ethical misconduct, conduct resulting in formal complaints by patients or other staff members; and any other valid reason considered objectionable.

13. GENERAL INFORMATION SECURITY

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

14. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

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

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

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

15. VA INFORMATION CUSTODIAL LANGUAGE

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

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

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

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

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

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

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

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

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

16. SECURITY INCIDENT INVESTIGATION

16.1 The term “security incident” means an event that has, or could have, resulted in unauthorized access to loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/subcontractor shall immediately notify the COTR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access.

16.2 To the extent known by the contractor/subcontractor, the contractor/subcontractor’s notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant.

16.3 With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach. Notifications need to be made in accordance with the executed business associate agreement.

16.4 In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement. The contractor, its employees, and its subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to the incident.

13 LIQUIDATED DAMAGES FOR DATA BREACH

13.1 Consistent with the requirements of 38 U.S.C. §5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SP/ the contractor/subcontractor processes or maintains under this contract. However, it is the policy of VA to forgo collection of liquidated damages in the event the contractor provides payment of actual damages in an amount determined to be adequate by the agency.

13.2 The contractor/subcontractor shall provide notice to VA of a “security incident” as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination.

13.3 Each risk analysis shall address all relevant information concerning the data breach, including the following:

(1) Nature of the event (loss, theft, unauthorized access);
(2) Description of the event, including:
(a) date of occurrence;
(b) data elements involved, including any PII, such as full name, socialsecurity number, date of birth, home address, account number, disabilitycode;
(3) Number of individuals affected or potentially affected;
(4) Names of individuals or groups affected or potentially affected;
(5) Ease of logical data access to the lost, stolen or improperly accessed data inlight of the degree of protection for the data, e.g., unencrypted, plain text;
(6) Amount of time the data has been out of VA control;
(7) The likelihood that the sensitive personal information will or has beencompromised (made accessible to and usable by unauthorized persons);
(8) Known misuses of data containing sensitive personal information, if any;
(9) Assessment of the potential harm to the affected individuals;
(10) Data breach analysis as outlined in 6500.2 Handbook, Management ofSecurity and Privacy Incidents, as appropriate; and
(11) Whether credit protection services may assist record subjects in avoiding ormitigating the results of identity theft based on the sensitive personal informationthat may have been compromised.
13.4Based on the determinations of the independent risk analysis, the contractor shallbe responsible for paying to the VA liquidated damages in the amount of $37.50per affected individual to cover the cost of providing credit protection services toaffected individuals consisting of the following:
(1) Notification;
(2) One year of credit monitoring services consisting of automatic dailymonitoring of at least 3 relevant credit bureau reports;
(3) Data breach analysis;
(4) Fraud resolution services, including writing dispute letters, initiating fraudalerts and credit freezes, to assist affected individuals to bring matters toresolution;
(5) One year of identity theft insurance with $20,000.00 coverage at $0deductible; and
(6) Necessary legal expenses the subjects may incur to repair falsified or damagedcredit records, histories, or financial affairs.

14. TRAINING

14.1 All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and its systems:

(1) Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, Appendix E relating to access to VA information and information systems;

(2) Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training;

(3) Successfully complete the appropriate VA privacy training and annually complete required privacy training; and

(4) Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system access [to be defined by the VA program official and provided to the contracting officer for inclusion in the solicitation document – e.g., any role-based information security training required in accordance with NIST Special Publication 800-16, Information Technology Security Training Requirements.]

14.2. The contractor shall provide to the contracting officer and/or the COTR a copy ofthe training certificates and certification of signing the Contractor Rules of Behavior foreach applicable employee within 1 week of the initiation of the contract and annuallythereafter, as required.
14.3 Failure to complete the mandatory annual training and sign the Rules of Behaviorannually, within the timeframe required, is grounds for suspension or termination of allphysical or electronic access privileges and removal from work on the contract until suchtime as the training and documents are complete.

15. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) COMPLIANCE

Under HIPAA Privacy and Security Rules, the Contractor providing services under this contract is considered a "covered entity," and thus is not required to enter a Business Associate Agreement with VA. However, the Contractor must observe Public Law 104-191 and all respective regulations implementing this law while providing services under this contract.

16. EMERGENCY HEALTH SERVICES

VANCHCS will render emergency health services for an incapacitating injury or otherwise serious illness occurring while on duty. All services, to include wages earned during period of initial medical evaluation provided by VANCHCS, will be reimbursed by the Contractor. The contractor will furnish VANCHCS with the necessary injury/illness form(s) for reporting purposes VANCHCS for statistical and/or billing purposes will retain a copy of complete forms(s).

17. PERSONAL POLICY

a. Contractor employees shall be responsible for protecting the personnel furnishing services under this task order. Contractor shall provide the following:

i. Worker’s Compensation

ii. Professional Liability Insurance

iii. Income Tax Withholding

iv. Social Security Payments

b. Contractor shall verify and document that all employees who provide patient care services at VA have the following before they provide any service relation to this order:

i. Health examination including annual TB skill test result.

ii. Either has received the Hepatitis B vaccine series, or an immune because of acquired infection, or have been offered and refused the vaccinations.

iii. Received measles-mumps-rubella (MMR) vaccine. Combined vaccine (MMR) is the vaccine of choice if individuals are likely to be susceptible to more than one of the three diseases and is required for all person born after 1956.

iv. A negative PPD within the last year, or, if a known reactor, a negative chest x-ray within the past year.

v. A history of varicella (chicken pox) or, if unknown, results of a varicella antibody test. If non-immune, must be vaccinated with Varivax (Chicken Pox).

vi. Received training in Universal Precautions and Blood Borne Pathogens, Hazardous Material Management, and Life Safety Management (fire preparedness).

vii. Successfully completed cardiopulmonary resuscitation (BLS) training.

18 IDENTIFICATION, PARKING, SMOKING, AND VA REGULATIONS

Contractor employees shall wear visible identification provided by VANCHCS always while on VANCHCS premises. It is the responsibility of the Contractor employees to park in the appropriate designated parking area (non-patient parking sections). Information of designated parking areas is available from the VA police. VANCHCS will not invalidate or make reimbursement for parking violations of the Contractor under any conditions. Smoking is prohibited inside any buildings at VANCHCS in accordance with VANCHCS PS, Smoking Regulations PS 00-18. Possession of weapons, illegal drugs, or alcohol is prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VANCHCS regulations may result in citation answerable in the United Sates Federal District Court, not a local district, state, or municipal court.

19. RESPONSIBILITY

The government may evaluate the quality of professional and administrative services provided, but retains no control over the medical and professional aspects of services rendered.

20. DOCUMENTATION/RECORDS

20.1 All records will remain the property of the VA under the exclusive control. Control and jurisdiction of the patient shall remain with the VA.

20.2 Contractor shall return all issued government property (i.e. VA identification badge, parking, card, office keys, etc.). VANCHCS will provide training regarding the use of the computerized record system. All documentation shall be completed in accordance with VANCHCS policy and procedure.

20.3 Contractor personnel with access to VA information/computer systems shall take reasonable safeguards, both physical and electronic, to safeguard the information and prevent unauthorized disclosures. Should contractor personnel know, or suspect, that VA information/computer security was compromised or that VA information was, or could possibly be disclosed to an unauthorized party, contractor personnel must immediately report such knowledge or suspicion to the Clinic Manager or designee, who will immediately notify the appropriate VA official.

21 INVOICING SUBMISSION AND PAYMENT

21.1 A record-keeping system of the contractor's hours of duty shall be established by VANCHCS (sign-in log) or contractor agency may provide their timesheet (approved by the COTR). Payment made during all periods of performance of this agreement shall constitute that total cost for services rendered by the contractor, and shall not exceed the amounts specified in the "Schedule of Supplies and Services" without written request and the written approval from the Contracting Officer.

21.2 Invoices rendered by the contractor to VANCHCS for service furnished under this agreement will be invoiced in full for each month in which services were performed. All payment made under this contract will be made monthly in arrears in accordance with FAR Clause 52.212.4. No advance payments will be authorized. For MH the Contractor will be reimbursed at a monthly rate based on status of licensure, level of privileging, work history and experience. Payment is based on hourly/monthly rate, not per procedure rate.

21.3 Invoices submitted will show the total hours worked. All invoices applicable to this agreement must be submitted by the 20th day of the following month in which services were rendered. Any problems regarding unpaid invoices shall be directed to the COTR. Invoices will include copy of signed time sheet.

21.4 At a minimum, each invoice must contain the following: dates and total numbers of hours services were provided; a signed copy of timesheet, name of contractor personnel who provided services; contract line item number (CLIN) and purchase order (PO) number; quantity, unit, unit price, and total cost of services provided; contract number, order/purchase order number, and remittance address. All invoices must include the name, title, and phone number of a person to be notified in the event of defective invoicing.

21.5 MENTAL HEALTH SERVICES INVOICES. Contractors who perform work in Mental Health Services, make sure a separate invoice is submitted for just Mental Health Service work rendered. This invoice should contain the same items as cited in items 21.1 thru 21.4, however, clearly cite on each invoice for services performed for Mental Health Service. It should include a separate identifier like that is unique to the MH contract line item number (CLIN) and purchase order (PO) number for the correct Fiscal Year. This is important because payment for services rendered for Mental Health Social Work Services are paid, tracked, recorded, and accounted for differently from General Social Work Service services performed.

22 QUALITY ASSURANCE AND CONTRACT PERFORMANCE MONITORING

22.1 In accordance with VA regulations, a record-keeping system will be established and maintained by COR, Social Work and Mental Health Services to ensure contract compliance.

22.2 Upon verification of services, payment will be authorized by the COR.

22.3 Contractor agrees to provide services, which meet or exceed the standards as established by the Joint Commission, the Department of Veterans Affairs, and regulations of the medical staff bylaws of the VANCHCs.

22.4 The services specified herein may be changed by mutual written agreement of the parties, in accordance with the terms and conditions set forth herein.

22.5 Additional Quality Assurance for Social Workers whom work in Mental Health Service. The Contractor will be held to same standards as all other Social Workers in the MH Service. The COR will monitor performance including quality, quantity, HIPPA, and any other aspects of care. All staff is monitored regularly for performance (daily, weekly, or monthly based on assignment and performance).

23 ORIENTATION

Contractor employees who have not received an orientation shall be oriented to the VANCHCS prior to providing services. Orientation will be properly documented and VANCHS staff will assess the competency of the Contractor employees.

24 TERMS OF AGREEMENT

24.1 This agreement is effective for the period identified in the "Schedule of Supplies and Services" and is subject to the availability of VA funds. Services will not be performed by the contractor beyond the expiration date, unless specifically authorized to do so (in writing) by the Contracting Officer.

24.2 Contractor personnel performing services under this agreement will not be considered VANCHCS employees for any purpose, and shall be considered employees of the affiliated. VA will not make payment for any leave including sick leave. In addition, the contractor shall be required to provide their own worker's compensation, liability insurance, health examinations, income tax withholdings, and social security payments.

24.3 Contractor shall be responsible for protecting the personnel furnishings services under this agreement.

25 ESTIMATED QUANTITIES

The quantities of hours specified in this agreement are estimates, based upon the projected workload during the period of performance. VANCHCS does not imply or guarantee that any fixed number of hours will be required during the contract period. VANCHCS will not be obligated to reimburse the contractor for any specified amount of services, but will be obligated to make payment for any services received in the quality and quantity as requested.

26 VANCHCS RESPONSIBILITIES

The COR for Social Work and Mental Health Services will be responsible for overseeing and directing the services to be performed by under this agreement. For Social Workers whom work in Mental Health Services, COTR is the Program Analyst of Mental Health Services. All hires and monitoring for MH will be maintained within the Service with support of the ADPAC: M. Lanette Johnson.

27 Definitions/Acronyms. Terms used in this contract shall be interpreted as follows unless the context expressly requires a different construction and/or interpretation. In case of a conflict in language between the definitions and other sections of this contract, the language in this section shall govern.

27.1 CDC: Centers for Disease Control and Prevention

27.2 CDR: Contract Discrepancy Report

27.3 CEU: Certified Education Unit

27.4 CME: Continuing Medical Education

27.5 CMS: Centers for Medicare and Medicaid Services

27.6 CNH: Contract Nursing Home

27.7 Contracting Officer (CO): The person executing this contract on behalf of the government with the authority to enter into and administer contracts and make related determinations and findings.

27.8 Contracting Officer’s Representative (COR): A person appointed by the CO to take necessary action to ensure the Contractor performs in accordance with and adheres to the specifications contained in the contract and to protect the interest of the government. The COR shall report to the CO promptly any indication of non-compliance in order that appropriate action can be taken.

27.9 COS: Chief of Staff

27.10 CPARS: Contractor Performance Assessment Reporting System

27.11 CPRS: Computerized Patient Recordkeeping System- electronic health record system used by the VA.

27.12 DEA: Drug Enforcement Agency

27.13 DPH: Department of Public Health

27.14 ED: Emergency Department

27.15 FSMB: Federation of State Medical Boards

27.16 HHS: Department of Health and Human Services

27.17 HIPAA: Health Insurance Portability and Accountability Act

27.18 HR: Human Resources

27.19 ISO: Information Security Officer

27.20 Medical Emergency: A sudden onset of a medical condition manifesting itself by acute symptoms of sufficient severity that the absence of immediate medical attention could reasonably result in permanently placing a patient's health in jeopardy, causing other serious medical consequences, causing impairments to body functions, or causing serious or permanent dysfunction of any body-organ or part.

27.21 MSW: Master’s in Social Work

27.22 MOD: Medical Officer of the Day

27.23 LCSW: License Clinical Social Worker

27.24 NFPA: National Fire Protection Association

27.25 National Provider Identifier (NPI): A standard, unique 10-digit numeric identifier required by HIPAA. The Veterans Health Administration must use NPIs in all HIPAA-standard electronic transactions for individual (health care practitioners) and organizational entities (medical centers).

27.26 NCHCS: Northern California Healthcare System

27.27 NLNAC: National League for Nursing Accrediting Commission (www.nlnac.org)

27.28 Non-Contract Provider: Any person, organization, agency, or entity that is not directly or indirectly employed by the Contractor or any of its subcontractors

27.29 NP: Nurse Practitioner

27.30 NPPES: National Plan and Provider Enumeration System

27.31 PCP: Primary Care Physician

27.32 POP: Period of Performance

27.33 PPD: Purified Protein Derivative

27.34 PWS: Performance Work Statement

27.35 Privileging (Clinical Privileging): The process by which a practitioner, licensed for independent practice; e.g., without supervision, direction, required sponsor, preceptor, mandatory collaboration, etc., is permitted by law and the facility to practice independently, to provide specific medical or other patient care services within the scope of the individual’s license, based upon the individual’s clinical competence as determined by peer references, professional experience, health status, education, training and licensure. Clinical privileges must be facility-specific and provider-specific.

27.36 QASP: Quality Assurance Surveillance Plan

27.37 Veterans Health Administration (VHA): The central office for administration of the VA medical centers through throughout the United States. The VHA is in Washington, D.C.

27.38 Veterans Integrated Services Network (VISN): The regional oversight for the VA medical centers.

27.39 VISTA (Veterans Integrated Systems Technology Architecture): A PC based system that will capture and store clinical imagery, scanned documents and other non-textual data files and integrates them into patient’s medical record and with the hospital information system.

27.40 Veterans Affairs Medical Center (VAMC): Unless identified with the name of a different VA medical Center, for purposes of this contract, this term shall mean the VA Northern California Health Care Systems Medical Centers.

27.41 NPIs in all HIPAA-standard electronic transactions for individual (health care practitioners) and organizational entities (medical centers). The Contractor shall have or obtain appropriate NPI, and if pertinent, the Taxonomy Code confirmation notice issued by the Centers for Medicare and Medicaid Services (CMS) National Plan and Provider Enumeration System (NPPES) be provided to the Contracting Officer with the proposal.

27.42 MH: Mental Health

28 CONTRACTOR RESPONSIBILITIES

28.1 Performance Requirements: The following Performance requirements will be Measured for success against standards which are stated in the Quality Assurance Surveillance Plan (QASP).

28.1.1 The Contracted Agency must maintain a current and unrestricted state DPH license to operate.

28.1.2 The Contract Staffing agency will cooperate with timely development of Corrective Action Plans (CAPs) related to identified deficiencies and…

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