36C26218R0740-003.docx

36C26218R0740

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

664-18-4-3857-0020 36C26218R0740 07-25-2018

DON WEERASINGHE

562 766 2276 08-16-2018

1630 PST

00262 Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach

CA

90815 X 623220 $15 Million X N/A X Department of Veterans Affairs

3350 LA LOLLA VILLAGE DRIVE

SAN DIEGO

CA

92161 00262 Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach

CA

90815

Department of Veterans Affairs Financial Services Center P.O. Box 149971 Austin

TX

78714-9971 See Attached Schedule of Supplies/Services and Price/Cost X X X

DON WEERASINGHE

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

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: TBD

b. GOVERNMENT: NCO 22 Contracting Officer

Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

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

B.2 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011)

This solicitation includes FAR 52.219-4 Notice of Price Evaluation Preference for HubZone Small Business Concerns. Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by VA to assist in assessing the contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to contractor's offices where the contractor's business records or other proprietary data are retained and to review such business records regarding the contractor's compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

B.3 SUBCONTRACTING COMMITMENTS--MONITORING AND COMPLIANCE (JUN 2011)

This solicitation includes VAAR 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, and VAAR 852.215-71, Evaluation Factor Commitments. Accordingly, any contract resulting from this solicitation will include these clauses. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) to assist in assessing contractor compliance with the subcontracting commitments incorporated into the contract. To that end, the support contractor(s) may require access to the contractor's business records or other proprietary data to review such business records regarding contract compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor compliance with the subcontracting commitments.

36C26218R0740

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B.3 STATEMENT OF WORK

The Veterans Affairs (VA) San Diego Healthcare System (VASDHS), Healthcare for Homeless Veterans (HCHV) program, 7410 Mission Valley Road, San Diego, CA 92108 has a requirement to provide homeless Veteran beneficiaries with Recuperative Care Services, which shall consist of community-based residential care and treatment in accordance with the specifications contained herein. The period of performance of the resulting Contract will be for a base year and four (4) one-year option periods. This contract represents a Firm, Fixed-Priced, Indefinite Delivery-Indefinite Quantity contract. Costs not incorporated into the Contractor’s price will NOT be reimbursed by the Government.

Contractor should thoroughly review the specifications and become familiar with the areas of coverage to become fully aware of the scope of requirements. Failure to understand the contract requirements shall not relieve the Contractor from performing in accordance with the meaning and intent of the requirements.

DESCRIPTION/SPECS/WORK STATEMENT

1. BACKGROUND. The HCHV Program is an essential and critical part of the Veterans Health Administration (VHA). It provides a gateway to VA services and community resources for Veterans who are homeless. Through the HCHV Program, the VA provides case management services to Veterans and facilitates their access to a broad range of medical, mental health, and rehabilitative services. The HCHV Program’s aim is to engage homeless Veterans in treatment and aid them with placement in a safe, secure environment that will continue to promote their rehabilitation goals. The Contract Residential Treatment Program (a.k.a. Recuperative Care Program) is a vital component of the HCHV Program’s mission to end homelessness among Veterans. The Recuperative Care Program (RCP) is designated to provide quality emergency housing and services to the most vulnerable and at-risk Veterans; those who are homeless with serious mental illness and/or medical issues. Services will be furnished to Veteran beneficiaries for whom such care is specifically authorized by the VA, and may be discharging from the VA Medical Center or other non-VA medical centers after a period of acute inpatient care.

2. GENERAL RESPONSIBILITIES. The Veterans Affairs (VA) San Diego Healthcare System (VASDHS), Healthcare for Homeless Veterans (HCHV) program has a requirement for Recuperative Care services. The Contractor is required to provide sufficient facilities to accommodate 16 Veteran residents and same day residential placement. This will involve:

a Registered Nurse for no less than 35 hours per week; and

b. case management services for 40 hours per week; and

c. medication management staff 24 hours a day for seven days of the week.

The Recuperative Care Program will be available to both male and female Veterans who require recuperative medical care and/or stabilization due to sickness, injury or recovery after inpatient care provided by the VASDHS, other local community hospital, or skilled nursing facility. Veterans may also be suffering from substance abuse or other mental health issues. It is understood that the Veterans (referred to hereafter as Veteran residents) to be cared for under this contract will require care and services above the level of room and board. The Contractor’s personnel shall provide therapeutic, rehabilitative, and recovery services which shall be determined according to the needs of the Veteran resident through an intake assessment. The intake assessment shall include the identification of biopsychosocial needs that will aid in the development of the individualized care plan for the Veteran resident, along with consultation with the Veteran resident and the VA Liaison and/or appropriate VA staff. The Contractor shall provide same-day residential placement that enhances the stability of Veterans served by HCHV. Contractor shall be capable of receiving referrals 24 hours per day, 7 days per week. Absences of any Veteran resident from the facility in excess of seventy-two (72) hours will not be reimbursable except with prior approval of the designated Contracting Officer’s Representative (COR). Negative drug screens will not be a requirement for admission. Basic services provided will include, but not be limited to:

a. Recuperative Medical and/or Mental Health Care. Contractor shall provide Veterans with recuperative medical and/or mental healthcare in accordance with a plan of care developed by a VA/referring licensed health care professional. A registered nurse (RN) licensed by the State of California and in good standing with his/her licensing board shall be on-site or available through linkages no less than 35 hours per week and assigned only to Veterans enrolled in the RCP. Alcohol and illicit drugs, as defined by the federal government, will not be permitted on the premises. RN or designee (i.e. LVN or LPN) will provide education and assistance with medication management and compliance. RN will also support coordination of care with VA providers in the event of ongoing medication non-compliance and/or medical need. Veteran residents will also receive health education in areas such as sleep, nutrition, coping with chronic illnesses, and pain management. RN or designee will monitor vital signs, with follow-up with VA medical staff as appropriate. Veteran residents will be assisted with use of VA telehealth as needed. RN or designee will oversee Veteran resident’s receipt of and participation in in-home services to address varying recuperative needs (i.e. Physical Therapy, Occupational Therapy, Wound Care, etc.)

b. Case Management Services. Contractor shall have a Case Manager dedicated to Veteran residents on-site at least 40 hours per week during hours that best suit the Veteran’s needs and the needs of the VA San Diego Healthcare System. The Contract Case Manager shall be a Social Worker or Marriage and Family Therapist who is license-eligible, registered, and in good standing with his/her respective State of California licensing board(s). The Contract Case Manager shall be responsible for the intake assessment of Veteran residents to develop a plan of care with consultation of the Veteran and HCHV staff. Therapeutic and rehabilitative services to be provided include but are not limited to the following:

(1) Structured group activities including, Alcoholics Anonymous, Narcotics Anonymous, family support/education, crisis intervention, relapse prevention, and physical activities as appropriate.

(2) Individual counseling with a focus on areas including but not limited to self-care skills, adaptive coping, education of the process of illness and recovery, social skills enhancement, healthy lifestyle maintenance, and vocational rehabilitation as appropriate.

(3) Provision of intensive weekly case management services, including assistance with submission of application for benefits (both VA and non-VA), obtaining necessary identification and records (i.e. birth certificate, DD214, VA ID, etc.) and enrollment of eligible Veteran residents in HUD-VASH.

(4) Instruction in and assistance with health and personal hygiene, establishment of income, and strengthening budgeting skills to increase financial stability.

(5) Scheduled visits with each Veteran resident and open office hours to discuss progress towards long term goals established at intake. Case Managers should also possess the ability to respond to crisis situations with Veteran residents and provide access to emergency care as needed.

(6) Discharge planning, after consultation with the HCHV staff, to appropriate long-term transitional or permanent housing units, including assistance with referrals and applications. This includes offers of referrals and linkages to Veterans that are asked to exit the program prior to successful completion, due to rule violation(s).

c. Supportive Services. The Contractor shall provide the following supportive services:

(1) Transportation for Veterans to and from VA medical and dental appointments.

(2) Locked storage and monitoring of prescription medications

(3) Required social services, in collaboration with VA staff and/or other community resources, such as assistance in obtaining a driver’s license, a DD Form 214, or completing applications for public assistance/ services.

(4) Opportunities to participate in spiritual worship.

d. Residential Room and Board. The Contractor is required to provide sufficient facilities to accommodate 16 Veteran residents. All Veteran residents shall be provided (free of charge) clean and sanitary housing to include:

(1) One single bed per occupant with proper bedding (i.e. fitted sheets, blankets, pillows, etc.)

(2) Adequate storage space for clothing and personal properties (i.e. nightstand, one dresser with at least 2 drawers, closet with hangers, etc.)

(3) Efficient lighting (i.e. table lamp, floor lamp, overhead lighting, etc.)

(4) Toiletries and bath linens (i.e. linen, bath soap, toothbrush, toothpaste, towels, washcloths, toilet paper, sanitary napkins, shampoo/conditioner, shaving utensils, facial tissue, comb, brush, etc.).

(5) Indoor recreation/lounging areas equipped with chairs, reading materials (i.e. books, magazines, newspapers, etc.), and any other type of entertainment activities and/or games that may be deemed by the COR to be appropriate. Opportunities for physical activity shall also be provided (i.e. safe walking areas, gym equipment, etc.). Designated smoking areas shall be provided within the laws of the city and state of California.

(6) Restrooms and showers shall be properly designated with signage indicating separate men and women facilities. Faucets used by Veteran residents for personal care (i.e. shaving, grooming, etc.) will provide hot water capability. All toilets, hand washing, and bathing facilities shall be maintained in safe and sanitary operating condition. Additional equipment, aids, and/or conveniences shall be provided in facilities for accommodating Americans with Disabilities Act (ADA) standards. Solid waste shall be stored, located and disposed of in a manner that will prevent transmission of communicable diseases or odors, create a nuisance, or provide a breeding place or food source for insects/rodents.

(7) On-site laundry facilities and adequate amounts of needed supplies (i.e. tokens, coins, laundry detergent, hypo-allergenic detergent as prescribed, etc.) for Veteran residents to do their own laundry. Laundry will be done by Veteran residents.

(8) Access to mail and telephone services while a Veteran is a resident of the program.

e. Referral Process.

The Contractor agrees to accept referrals of and to provide all services in this contract, for any person determined eligible by his/her designees, regardless of the race, color, religion, sex, or national origin of the person for whom such services are ordered. In addition, the facility warrants that subcontracting shall not be resorted to as a means of circumventing this position.

(1) The Contracting Officer’s Representative (COR) in collaboration with the existing community homeless program staff shall identify and refer mentally ill and/or medically frail Veterans to the Contractor.

(2) Veteran residents shall receive a clinical assessment by the VA before being referred to the Contractor. In addition, a negative TB screen within the last 6 months will be required prior to referral.

(3) The COR shall arrange admission of the Veteran residents with the Contractor, which will often be same-day placements. The Contractor shall record the date and time of admission in the Veteran resident’s file and include that information on the first monthly invoice.

(4) VA arranged admissions of Veterans shall not include treatment and/or residence of Veterans beyond 90 calendar days, unless the COR has specifically signed a stay/treatment authorization.

(5) VA reserves the right to remove Veteran residents from the facility at any time without additional cost, when it is determined to be in the best interest of the VA and/or the Veteran resident(s).

f. Records and Reports. Contractor shall maintain an individual client record for each Veteran resident referred. Records shall contain reasons for referral and documentation of Veterans’ progress within the program. Contractor shall maintain documentation demonstrating that placement and support service objectives are being met throughout the contracted period, including paperwork required as a part of the VA’s performance monitoring efforts for review. This shall also include sign-in sheets whenever attendance is required. When requested, the Contractor shall provide to the VA:

(1) All essential identifying data relevant to the Veteran resident including a socio-cultural assessment.

(2) The intake assessment and continuing care plan, with preliminary discharge goals, developed in consultation with the Veteran resident and HCHV staff.

(3) Reports of any major incidents involving Veteran residents (e.g. arrest, relapse, fighting, injury, contraband on-site) immediately after occurrence, via telephone or encrypted e-mail. A written incident report shall be provided by the Contractor to the COR within 24-business hours of the incident as well via fax or encrypted e-mail.

(4) Copies of any medical prescriptions or instructions issued by VA physicians, including orders, if any, for medications to be taken.

(5) Reports of periodic re-evaluation by program staff to include any measures of movement toward rehabilitation goals, with particular focus on the attainment of self-help skills.

(6) Notification to the COR within 24 hours of Veteran resident discharge by phone or email.

(7) Homeless Operations Management and Evaluation Systems (HOMES) Exit Form and discharge summaries on each Veteran resident who leaves the program, to include reason for leaving, the Veteran resident’s future plans, and follow-up locator information, shall be provided to the COR within 48 hours of discharge from the program.

(8) Individual case records will be maintained in confidence as required by U.S.C. Title 42, Chapter I, Part II, “Confidentiality of Alcohol and Drug Abuse Patient Records” found at https://www.gpo.gov/fdsys/pkg/CFR-2016-title42-vol1/xml/CFR-2016-title42-vol1-part2.xml#seqnum2.1 Records will be accessible to the evaluation study required by Congress.

(9) Periodic Reports (e.g. Fiscal Accountability) as required and/or requested. The VA intends to conduct both periodic fiscal and performance reviews of the Contractor and will have at least one (1) annual inspection of the facility and records of Veterans served in the RCP.

(10) Medical records in the Contractor’s facility regarding a Veteran resident’s care under this contract at any time.

g. Dietary Services. Contractor shall meet Veteran residents’ dietary needs in accordance with sound medical practice and will include the following:

(1) Provide at least three (3) nutritious meals served daily at regular times with not more than a 14-hour span between evening meal and breakfast of the following day.

(2) Between-meal or bedtime snacks of nourishing quality, unless limited by Veteran resident dietary restrictions prescribed by a medical provider.

(3) Establish and maintain sanitary procedures for food preparation, serving, storage, washing dishes, and cleaning equipment, and properly disposing of waste materials. Cleaning materials shall be kept separated from all food products including those stored in cabinets, closets and drawers.

(4) All food shall be protected against contamination. Contaminated and/or expired food shall be discarded immediately.

(5) The Contractor shall accommodate the individualized dietary needs (i.e. cardiac, low sodium, or diabetic diets) of Veteran residents, as specified by their medical providers.

(6) Menus shall be written at least one week in advance and copies of the menus as served shall be dated and kept on file and made available upon request for no less than 30 days. Menus shall be clearly posted and displayed. If the menu changes, the menu should be modified immediately to reflect the changes. Menu changes shall be acknowledged and initialed by the Program Manager. Menus shall also be made available for review by the Veteran residents and/or VA staff as requested.

(7) Provide for the dietary needs of all Veteran residents by maintaining compliance with USDA nutrition standards and dietary guidelines found at:

https://www.cnpp.usda.gov/dietary-guidelines

h. Medications Including Controlled Substances.

(1) The Contractor shall have staff members capable of medication management and available to respond to emergencies, practicing within the scope of their respective State licenses, on-site 24 hours per day, 7 days per week, to manage Veteran residents’ medications and provide education or emergency response, as needed.

(2) Medications will be stored in a locked box, allowing access only to the Veteran resident prescribed the medication and medication management staff. Medications requiring additional care (i.e. refrigeration) shall be stored in a locked refrigerated unit and accessible only to medication management staff, as needed.

(3) Medications will be dispensed by Veteran residents according to physician’s orders.

i. Transportation.

(1) Contractor shall provide Veteran residents transportation to medical, dental or mental health appointments at VA medical facilities as related to their recuperative need(s). Transportation vehicles shall be wheelchair accessible and meet the guidelines of the Americans with Disabilities Act.

(2) The manufacturer's rated seating capacity of the vehicles shall not be exceeded.

(3) Motor vehicles used to transport clients shall be maintained in a safe operating condition.

(4) Only drivers licensed and insured for the type of vehicle operated shall be permitted to transport Veteran residents.

3. QUALIFICATIONS/ACCREDITATION/LICENSING/STAFF.

a. Accreditation and Licensing.

(1) Contractor health care personnel shall maintain active standing with the State licensing boards in their respective professions in accordance with the below requirements:

(a) Registered Nurse shall be licensed by the State of California Board of Registered Nursing and in good standing; mental health experience preferred but not required.

(b) Case Manager shall be licensed or licensed-eligible and registered in good standing with the California Board of Behavioral Sciences and hold a Master’s Degree in Social Work or Marriage and Family Therapy from an accredited university.

(c) Licensed Vocational Nurses and Psychiatric Technicians, will have an active license in good standing with the California Board of Vocational Nursing and Psychiatric Technicians

(d) Certified Nurse Assistants will have an active license in good standing with the California Department of Public Health.

(2) All technical and professional staff, including drivers, shall be certified in Basic Life Support (BLS); (American Heart Association preferred).

(3) Contractor shall have a certificate of liability for all services provided at their facility.

b. Staffing. Contractor shall provide sufficient staff in number and position and with the qualifications necessary to carry out the policies, responsibilities and programs of the facility.

c. At a minimum, there shall be a staff member capable of medication management and available to respond to emergencies on duty on the premises, 24 hours per day, 7 days per week.

4. DESCRIPTION AND STANDARDS OF FACILITIES.

a. The Contractor facility shall conform to the Life Safety Code, National Fire Protection Association (NFPA) #101 standards, reference: http://www.nfpa.org/aboutthecodes/AboutTheCodes.asp?DocNum=101&cookie%5Ftest=1.

b. The Facility shall meet all city, state, and federal requirements concerning licensing and health codes.

c. The Contractor’s facility shall meet the applicable requirements or the equivalent of the Joint Commission on Accreditation of Hospitals and demonstrate full compliance.

d. Contractor facility must have a current Certificate of Occupancy permit or license as required by the authority that has jurisdiction to issue and must adhere to all applicable local, state, and federal laws.

e. Contractor must have Certificate of Liability insurance for services provided.

f. Contractor shall have a current occupancy permit or license as required by the authority that has jurisdiction to issue and shall adhere to all applicable local, state and federal laws.

g. The facility shall be wheelchair accessible and meet Americans with Disabilities Act guidelines for buildings and facilities found at:

https://www.ada.gov/regs2010/2010ADAStandards/2010ADAstandards.htm#medicalfacilities .

h. Contractor’s facility shall have nearby access to public transportation.

i. The Contractor will take full responsibility for Veteran resident’s well-being and safety once Veteran residents enter their facility. All identified safety issues resulting from an inspection and/or Veteran resident observation shall be investigated immediately and corrected in a timely manner appropriate to the incident.

j. The facility shall be equipped with first aid supplies and fire extinguishers that are fully charged and non-expired, fire and carbon monoxide alarms, and evacuation plans in the case of an emergency.

k. A change of facility or services affecting this contract shall be promptly reported to the VA Contracting Officer.

l. Contractor’s facility shall be within the County of San Diego.

5. SITE INSPECTION. The VASDHS shall conduct an inspection of prospective facilities prior to contract award. Additionally, the successful Contractor shall permit on-site visits by the VA to ensure compliance with the contract requirements at any time during the period of performance. Contractor shall make all records accessible for a review. Site inspections may be announced or unannounced.

6. ORDERING ACTIVITIES AND OFFICES.

a. The VA shall designate a Contracting Officer Representative (COR) to monitor the contract performance and assist in contract administration. A delegation of authority letter delineating the responsibilities and limitations of the COR shall be provided to the Contractor. Any commitments of changes, which affect the price, quantity, authority to amend or render a decision on questions of the fact in dispute, and related contract administration problems are duties of the Contracting Officer and cannot be delegated to the COR.

b. The Contractor shall not accept any instructions issued by any person(s) other than the Contracting Officer or the COR acting within the limits of his/her authority. Only those services specified herein are authorized. Before performing any service of a non-contract nature, the Contractor shall advise the Contracting Officer of the reasons for additional work. Changes to the contract may be made only in writing by the Contracting Officer.

7. EMERGENCY PLAN.

a. It is agreed that the Contractor shall notify the VA Liaison/COR immediately when a medical emergency resulting in hospitalization of a Veteran resident occurs. The Contractor’s staff shall contact emergency services (9-1-1) and request emergency transport to the VA medical center, whenever possible. If the Veteran resident is in need of immediate admission to the nearest available hospital, the Contractor is to inform the admitting hospital that the individual is a Veteran and is eligible for VA healthcare, in order to facilitate a transfer to the VA medical center after stabilization.

b. In the event a Veteran resident under this contract dies, the facility shall promptly notify the VA Liaison/COR and immediately assemble, inventory, and safeguard the Veteran resident’s personal effects. Any fund deposits and personal effects left by the Veteran resident upon the premises of the Contractor facility shall be delivered by the Contractor to the person or persons entitled thereto under the laws currently governing the facility for making disposition of funds and effects left by the Veteran resident, unless the beneficiary died without leaving a will, heirs, or next of kin capable of inheriting.

c. When disposition has been made of the itemized inventory of the funds and effects, the Contractor shall notify the VA Liaison/COR. Should a deceased Veteran resident leave no will, heirs or next of kin, his/her personal property and funds, wherever located, vests in and becomes the property of the United States in trust. In these cases, the facility shall forward an inventory of any such property and funds in its possession to the appropriate VA office and shall hold them (except articles of clothing necessary for proper burial) under safeguard until instructions are received from the COR.

8. CONFLICT OF INTEREST.

a. The Contractor shall not employ any person who is an employee of the United States Government if the employment of that person would create a conflict of interest. The Contractor shall not employ any person who is an employee of the VA, unless such person seeks and receives approval in accordance with VA Regulations. Nor shall the Contractor employ any person who, as a member the Contractor staff, would create a conflict of interest or the appearance of a conflict of interest, particularly with regard to influencing the contract negotiations or terms of the contract. In any such case, VA shall review the matter and give its approval in accordance with agency ethics rules.

b. Contractor shall not act as Fiduciary or Guardian for any Veteran resident nor provide any assistance to Veteran residents outside the scope identified in the statement of work without written prior approval from the Chief, Social Work Service, VASDHS.

9. CONTRACTOR LIAISON. The Contractor shall designate one (1) employee who shall be responsible for the performance of the work under this contract. The Liaison shall have full authority to act for the Contractor on all matters relating to the daily operation of this contract. The Liaison may be one of the personnel performing under this contract. An alternate may be designated, but the Contractor shall identify, in writing, those times when the alternate shall act as the liaison.

10. STANDARD OF CONDUCT.

a. The Government reserves the right to refuse acceptance of contract personnel whose personal or professional conduct jeopardizes Veteran resident care. Breaches of conduct include intoxication or debilitation resulting from drug use, theft, abuse, dereliction or negligence in performing directed tasks, or other abuse, or other conduct resulting in formal complaints by the Veteran resident, COR or VA HCHV staff.

b. Complaints concerning contract personnel’s conduct with Government employees or patients will be dealt with by the Contractor and COR. The Contracting Officer is the final authority on validating complaints. In the event that Contractor personnel are involved and named in a validated complaint, the Government reserves the right to refuse acceptance of the services of such personnel. This does not preclude refusal in the event of incidents involving physical or verbal abuse. The final arbiter on questions of acceptability is the Contracting Officer.

11. DRUG SCREENING. The Contractor is responsible for ensuring their employees are not using illegal drugs and shall conduct random drug testing to ensure a drug-free environment. Contractor personnel are also subject to drug testing when there is a reasonable suspicion that they use or are impaired by illegal drugs while on duty. Reasonable suspicion of drug use or impairment includes, but is not limited to, the following:

a. Observable phenomena, such as direct observation of drug use, possession, or the physical symptoms of being under the influence of a drug.

b. A pattern of abnormal conduct or erratic behavior.

c. Arrest or conviction for a drug-related offense or the identification of a Contractor physician as the focus of a criminal investigation into illegal drug possession, use, or trafficking.

d. Information provided either by reliable and credible sources or independently corroborated; or newly discovered evidence that the Contractor personnel has tampered with a previous drug test.

12. PATIENT SENSITIVITY. Contractor health care providers shall respect and maintain the basic rights of patients, demonstrating concern for personal dignity and human relationships.

13. HEALTH REQUIREMENTS.

a. The Contractor shall certify that his/her employees have received the following testing/immunizations within the past year and will maintain coverage during the contract period:

(1) Tuberculosis Testing – the PPD test of radiological exam shall be repeated annually.

(2) Immunizations – for purposes of infection control, all Contractor personnel shall take required immunizations and any health action required by generally accepted public health standards and any immunizations necessitated by any outbreaks in the area/community. Contractor personnel will not be allowed to perform duty until immunization documentation is provided to the COR.

(3) Health Restrictions – Contractor personnel shall have no health or physical disability restrictions which will interfere with the performance of their duties.

b. As a condition of employment, the Occupational Safety and Health Administration (OSHA) requires that all Contractor personnel who will have occupational exposure to blood, other body fluids, or other potentially infectious materials, shall receive Hepatitis B vaccine, sign a voluntary declination, or have documented proof of immunity to Hepatitis B infection. The immunization shall be the responsibility of the Contractor at no cost to the Government.

c. The Contractor’s personnel having patient contact or exposure to biological or pathological specimens shall be immunized against, be granted an immunization waiver for, or have documented proof of immunity to: rubella, mumps, polio and Hepatitis B. In addition, Contractor’s personnel shall be free of infectious diseases (to include but not limited to active Tuberculosis and Viral Hepatitis) that might reasonably be expected to place other workers, patients, or the public at risk.

d. The Contractor shall provide the Government with all the information necessary to ensure that Government records are maintained correctly and in compliance with TJC, OSHA and the Center for Disease Control health records requirements, for each individual Contractor employee.

14. MEDICAL RECORDS. Clinical or other medical records of Veteran residents treated by Contractor personnel under this contract are considered VA records and will be forwarded to the VA upon request. Contractor personnel who obtain access to hardware or media which may manipulate or store drug or alcohol abuse data, sickle cell anemia treatment records, records, test or treatment for or infection with HIV, medical quality assurance records, or any other sensitive information as defined by the VA, shall not have access to the records unless absolutely necessary to perform their contractual duties. Any individual who has access to these data will disclose them to no one, including other employees of the Contractor not involved in the performance of the particular contractual duty for which access was obtained.

15. RELEASE OF MEDICAL INFORMATION.

The Contractor shall take reasonable measures to ensure Veteran residents’ privacy and confidentiality.

Veteran resident’s demographics shall be treated as privileged information. The Contractor shall only release medical information obtained during the course of this contract to VA employees involved in the care and/or treatment of the Veteran residents. The Contractor personnel shall make sure no Veteran resident information of any type is given to outside parties, agencies or organizations of any type without the expressed written consent of the Veteran resident and the VA and only in capacities directly related to the provision of the services contracted in this instrument. Lists, names, and/or social security numbers of Veteran residents shall not be disclosed or revealed in any way, for any use outside the Contractor’s facility or without prior express written permission of the Contracting Officer or the Veteran resident. That only the minimum necessary Veteran resident information is used to provide appropriate service to the correct Veteran resident. Transcribed reports containing personal identifiers, when not used as an official document, must be shredded by the Contractor.

16. COMPUTER SECURITY. In the performance of official duties, if the Contractor personnel have regular access to printed and electronic files containing sensitive data, that information shall be protected under the provisions of the Privacy Act of 1974 and other applicable laws, federal regulations, VA statutes and policy, and VHA policy. The Contractor is responsible for protecting the data from unauthorized release or from loss, alteration, or unauthorized deletion and for following applicable regulations and instructions regarding access to computerized files, release of access codes, etc., as set out in the access agreement which the Contractor personnel signs.

17. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA).

a. Contractor shall take reasonable measures to ensure each Veteran resident’s privacy and confidentiality. The Contractor personnel herein agree to take all reasonable precautions to safeguard patient information from unauthorized disclosure, access or modification, in both electronic and hard-copy formats. This includes not only electronic security measures such as “strong” user passwords on computer systems, but also physical barriers to prevent unauthorized use of computer work-stations. Contractor personnel will ensure that hard copy Veteran residents files are stored in secured lockable areas, that files are in lockable cabinets, that the cabinets can in fact be locked, i.e., keys are available, and the locking mechanisms work properly. This precaution also includes the proper transfer of Veteran resident information via electronic means, such as faxing or system-to-system transmission.

b. Contractor personnel shall make sure no Veteran resident information of any type is given to outside parties, agencies or organizations of any type without the expressed written consent of the Veteran resident and the VA and only in capacities directly related to the provision of the services contracted in this instrument. Contractor will also ensure that only the minimum necessary Veteran resident information is used to provide appropriate service to the correct Veteran resident. The Contractor is subject to the same penalties and liabilities for unauthorized disclosures of such records as VA personnel.

That the undersigned understands that all parties are bound by the requirements of the “Health Insurance Portability and Accountability Act of 1996” which provide guidance on the protection of patient privacy and confidentiality. This Act mandates that all government agencies and those bodies with whom they contract shall be in compliance with the directives of the Act. Details of the Act are still under development by the Congress of the United States. Once these detailed directives are released, this current contract may require a modification to be in compliance depending on the effective date of the Act as decided by the Congress and President of the United States.

18. QUALITY ASSURANCE AND PERFORMANCE MONITORING. Contractor will be held to the same standard as VA personnel through quality assurance and performance monitoring to ensure compliance under this contract. These procedures will include time and attendance logs verification, monitoring of the Computerized Patient Record System (CPRS) records or other appropriated records called for under this contract received by the VA. The Quality Assurance and Performance Monitoring will be governed by the appointed COR who will be responsible for verifying compliance with the terms and conditions of the contract. After the contract is awarded, any incidents as evidenced by the monitoring procedures will be forwarded immediately to the Contracting Officer. In addition, the COR will forward the summary evaluation of the Contractor performance to the Contracting Officer once performance ends.

19. HHS/OIG REQUIREMENTS. To ensure that the individuals providing services under this contract have not engaged in fraud or abuse regarding Sections 1128 and 1128A of the Social Security Act regarding federal health care programs, the Contractor is required to check the Health and Human Services - Office of Inspector General (HHS/OIG) List of Excluded Individuals/Entities on the OIG Website (www.hhs.gov/oig) for each person providing services under this contract. Further, the Contractor is required to certify in its proposal that all persons listed in the Contractor’s proposal have been compared against the OIG list and are NOT listed. During the performance of this contract, the Contractor is prohibited from using any individual or business listed on the List of Excluded Individuals/Entities.

20. CONTINUING MEDICAL EDUCATION (CME) REQUIREMENTS. Contractor personnel registered by national associations shall continue to meet the minimum standards for CME and VA San Diego Healthcare System Bylaws and Rules to remain current as prescribed by legal requirements. CME is the sole responsibility of the Contractor, shall be obtained at no additional cost to the Government, and shall be reported to the COR annually on the first normal duty day in January for the previous calendar year. Periodic CME may be conducted at the VA and may be available, at no cost, to any Contractor health care provider.

21. EVIDENCE OF INSURANCE COVERAGE. Before commencing work under this contract, the Contractor shall furnish certification to the Contracting Officer that the coverage required (General & Professional Liability as well as Workers Comp) has been obtained and such policy shall state, “This policy may not be changed or cancelled without written notice to the VA Contracting Officer, VA Network 22 Contracting Office 4811 Airport Plaza Drive, Suite 600, Long Beach, CA 90815. Said policy shall bear an appropriate “loss payable clause’’ to the United States as its interest may appear. Such evidence of insurance will not be waived.

22. PERSONNEL POLICY.

a. General: The Contractor shall assume full responsibility for the protection of its personnel furnishing services under this contract. To carry out this responsibility, the Contractor shall provide the following to its personnel:

(1) Worker’s compensation

(2) Professional liability insurance

(3) Health examinations

(4) Income tax withholdings

(5) Social Security withholdings

b. Payment for any leave, including sick leave or vacation time is considered the sole responsibility of the Contractor. The Contractor shall comply with all existing local, state, federal and/or union laws, regulations relevant to fringe benefits, and premium pay for their employees. Such personnel shall not be considered VA San Diego Healthcare System employees for any purpose and shall be considered employees of the Contractor. There is no employer-employee relationship between the VA and the Contractor or the Contractor’s employee(s).

23. FACILITY HOURS. The Contractor’s Recuperative Care Program hours of operation shall be twenty-four (24) hours per day, seven (7) days per week, and three-hundred-sixty-five (365) days per year.

24. OVERTIME AND HOLIDAY PAY. Any overtime and/or holiday pay that may be entitled to Contractor personnel shall be the sole responsibility of the Contractor and shall not be billed to nor reimbursed by the Government.

25. NATIONAL HOLIDAYS.