36C26322R0154.pdf
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| D.4 Immigration and Nationality Act Requirement.pdf |
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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 75
36C26322R0154 08-15-2022
Anna Leitzke (651)293-3022 08-19-2022
36C618 Department of Veterans Affairs Network 23 Contracting Office Attention: Daniel Vagts 316 Robert Street N. STE. 506 St. Paul MN 55101
X 100
624229
$16.5 Million
N/A
X
Sioux Falls VA Health Care System 2501 W 22nd Street
Sioux Falls SD 57105
Department of Veterans Affairs NCO 23 Contracting Office Attention: Anna Leitzke 316 Robert Street. N, Suite 506 St, Paul MN 55415
Y
Financial Services Center PO Box 149971
Austin TX 78714-9971
See CONTINUATION Page
Health Care for Homeless Veterans Program for the Sioux Falls VA Health Care System.
Please see Schedule of Services / Statement of Work for performance requirements for this acquisition.
See CONTINUATION Page
X
X one
36C26320R0145
Table of Contents
SECTION A
A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
SECTION B - CONTINUATION OF SF 1449 BLOCKS
B.1 CONTRACT ADMINISTRATION DATA
B.2 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND
COMPLIANCE (JUL 2018)
B.3 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND
COMPLIANCE (JUL 2018)
B.4 PRICE/COST SCHEDULE
B.5 PERFORMANCE WORK STATEMENT
SECTION C - CONTRACT CLAUSES
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT
2018)
C.2 52.203-99 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE
CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS (DEVIATION) (FEB 2015) 24
C.3 52.216-18 ORDERING (OCT 1995)
C.4 52.216-19 ORDER LIMITATIONS (OCT 1995)
C.5 52.216-22 INDEFINITE QUANTITY (OCT 1995)
C.6 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
C.7 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ... 26
C.8 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR
1984)
C.9 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997)
C.10 SUPPLEMENTAL INSURANCE REQUIREMENTS
C.11 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
C.12 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)
C.13 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-
OWNED SMALL BUSINESS SET-ASIDE (JUL 2019) (DEVIATION)
C.14 VAAR 852.228-71 INDEMNIFICATION AND INSURANCE (MAR 2018)
C.15 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS
(NOV 2018)
C.16 VAAR 852.237-7 INDEMNIFICATION AND MEDICAL LIABILITY INSURANCE
(JAN 2008)
C.17 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT
STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (MAR 2020)
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS
SECTION E - SOLICITATION PROVISIONS
E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (MAR 2020)
E.2 PROPOSAL SUBMITTAL INSTRUCTIONS
E.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)
E.4 52.216-1 TYPE OF CONTRACT (APR 1984)
E.5 52.233-2 SERVICE OF PROTEST (SEP 2006)
E.6 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-
OWNED SMALL BUSINESS EVALUATION FACTORS (OCT 2019)
E.7 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION
(OCT 2018)
E.8 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)
E.9 VAAR 852.271-70 NONDISCRIMINATION IN SERVICES PROVIDED TO
BENEFICIARIES (JAN 2008)
E.10 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE
(FEB 1998)
E.11 52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN
CERTAIN ACTIVITIES OR TRANSACTIONS RELATING TO IRAN—
REPRESENTATION AND CERTIFICATIONS (AUG 2018)
E.12 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)
E.13 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—
COMMERCIAL ITEMS (MAR 2020)
SECTION B - CONTINUATION OF SF 1449 BLOCKS
B.1 CONTRACT ADMINISTRATION DATA
1. Contract Administration: All contract administration matters will be handled by the following individuals:
a. CONTRACTOR:
b. GOVERNMENT: Contracting Officer
Network 23 Contracting Office
Attention: Daniel Vagts
316 Robert Street N. STE. 506
St. Paul MN 55101
2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:
[] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or
[] 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.
Department of Veterans Affairs
Financial Services Center
PO Box 149971
Austin TX 78714-9971
ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
AMENDMENT NO DATE
B.2 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—
MONITORING AND COMPLIANCE (JUL 2018)
(a) This solicitation includes FAR 52.219-4 Notice of Price Evaluation Preference for HubZone Small Business Concerns.
(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer 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.
(c) 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 Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.
(d) 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 Contracting Officer to assess the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.
(End of Clause)
B.3 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING
AND COMPLIANCE (JUL 2018)
(a) This solicitation includes the clause: 852.215-70 Service-disabled veteran-owned and veteran-owned small business evaluation factors. Accordingly, any contract resulting from this solicitation will include the clause 852.215-71 Evaluation factor commitments.
(b) The Contractor is advised that in performing contract administration functions, the Contracting Officer 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.
(c) 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 Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.
(d) 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 Contracting Officer to assess the Contractor compliance with the subcontracting commitments.
B.4 PRICE/COST SCHEDULE
ITEM
NUMBER
DESCRIPTION OF
SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE ANNUAL AMOUNT
0001 VA Health Care for Homeless Veterans Services (See Statement of Work) Contract Period: Base POP Begin: 10-01-2022 POP End: 09-30-2023
EA
1001 VA Health Care for Homeless Veterans Services (See Statement of Work) Contract Period: Option Year 1 POP Begin: 10-01-2023 POP End: 09-30-2024
2001 VA Health Care for Homeless Veterans Services (See Statement of Work) Contract Period: Option Year 2 POP Begin: 10-01-2024 POP End: 09-30-2025
3001 VA Health Care for Homeless Veterans Services (See Statement of Work) Contract Period: Option Year 3 POP Begin: 10-01-2025 POP End: 09-30-2026
4001 VA Health Care for Homeless Veterans Services (See Statement of Work) Contract Period: Option Year 4 POP Begin: 10-01-2026 POP End: 09-30-2027
TOTAL
In accordance with FAR 16.504(a)(1), the guaranteed minimum and maximum dollar amounts are listed in the table below. These amounts cover the entire ordering period of the contract. The maximum dollar amount listed shall not be exceeded.
Minimum $2,000.00 Maximum $2,000,000.00
B.5 PERFORMANCE WORK STATEMENT
Performance Work Statement for Health Care for Homeless Veterans – Contract Emergency Residential Services (HCHV-CERS)
Sioux Falls VA Health Care System 2501 W 22nd Street, Sioux Falls, South Dakota
A. GENERAL
1) The Sioux Falls Veterans Affairs Health Care System, 2501 W 22nd Street, Sioux Falls, SD, has a need to support Health Care for Homeless Veterans Contract Emergency Residential Services (HCHV-CERS). HCHV-CERS provides an opportunity to rapidly reduce homelessness among Veterans, particularly those who present with co-occurring mental health and substance use treatment needs and have been difficult to engage in treatment.
2) The contractor shall furnish services to the beneficiaries for whom such care is specifically authorized by the Veterans Health Administration (VHA). It is understood that the type of veterans to be cared for under this contract will require care and treatment services over and above the level of room and board and will include both men and women Veterans. The Contractor shall make available a minimum of nine rooms per day.
3) The contractor shall furnish each Veteran authorized care under this contract with the following basic services:
a) ROOM AND BOARD: Room and Board to include a bed and other furnishings such as a dresser, storage, and personal linens (towels and bed sheets). The bed must be designated for use exclusively by the individual Veteran from the time of admission to the time of discharge. The bed must be situated in a room that affords the Veteran safety, privacy, and security. Each Veteran must have a safe and secure place to store their belongings that is readily accessible to the Veteran (such as a locking closet, a locking armoire, a locker, etc.) Meals to include at least three (3) nutritionally adequate meals a day, 7 days a week and availability of nutritious snacks between meals and bedtime for those requiring or desiring additional food, when it is not medically contraindicated. VA dietitian may assess printed menus as well as Veterans’ satisfaction with meals and the actual consumption of food offered in determining the Contractor’s success in meeting this requirement during annual facility inspection or at any point during the contract period.
b) CASE MANAGEMENT SERVICES: The Contractor shall provide, at minimum, the following case management services to Veterans in the program:
a) Engagement of the Veteran in the service planning process. Contractor will carry responsibility for interviewing, counseling and case managing identified Veterans by conducting psychosocial assessments to identify treatment needs which affect the Veterans’ adjustment to their environment and establish treatment goals. Contractor will utilize counseling strategies to include crisis intervention and case management including both short and long-term services.
b) Contractor will assess the psychosocial and environmental needs or dysfunction secondary to or exacerbating the social, substance or psychiatric problems, which might contribute to Veterans’ readjustment challenges in the community.
Contractor establishes and maintains an intensive therapeutic relationship with the Veteran, staff, and community programs/agencies, and is responsible for formulating case-management treatment goals and plans that address identified needs, stressors, and problems.
c) Contractor will conduct high-risk screening, psychosocial assessment, and treatment planning, actively involving the Veteran and their family or significant others, in coordination with the team members. Psychosocial assessments will include goals for clinical treatment. Contractor coordinates and documents clinical case management and psychosocial services and documents the overall effectiveness of the case management services provided. Specifically, Contractor will:
i. Develop a highly Individualized Service Plan (ISP) with the Veteran consistent with low demand program goals; the plan must specifically include provisions for Veteran placement into an appropriate transitional or permanent housing placement within 60 days of admission to the HCHV Contract Residential Emergency Housing with no more than 60 days without a planned reason for extension. The housing placement planning must take into account all appropriate and available community-based housing options as well as the Veteran’s preferences regarding location and housing type. The plan should also be focused on getting the Veteran(s) to accept services, especially mental health and substance use services that will allow attainment of transitional or permanent housing. Acceptance of the services offered should not be a condition of continued stay in Health Care for Homeless Veterans Contract Emergency Residential Services programming. However, engagement and service delivery should retain the expectation that the Veteran will advance to permanent housing with support, recognizing that it will often be at his or her own pace.
ii. Complete a written ISP within the first two (2) weeks of program admission and signed by the Contractor, the Veteran, and the Contract Residential Coordinator.
iii. Review ISP a minimum every thirty (30) days thereafter in a clinical meeting with the Veteran. Updated plans must be promptly communicated to the Contract Residential Coordinator.
iv. Make changes in plans in consultation with the Veteran.
v. Coordinate with Contract Residential Coordinator during weekly case conferences regarding updates and changes in Veterans’ care plans to foster a collaborative relationship with the SFVAHCS and Contractor in meeting Veterans’ needs. Case conferencing may be done in person or by telephonic conference calls as determined by SFVAHCS staff.
vi. Obtain relevant Releases of Information to communicate and coordinate Veterans’ treatment with VA and other community-based service providers.
vii. Work in close collaboration with the Contract Residential Coordinator to ensure Veterans’ connections to needed VA medical, mental health, and substance abuse treatment and care.
viii. Contractor will take primary responsibility for assisting Veterans in completing housing applications and other benefits paperwork as needed. Contractor will assist Veterans in obtaining the needed documentation required for complete applications including but not limited to, birth certificates, driver’s license/State issued ID, income verification and any additional information required by housing resources and potential income supports.
d) Contractor will notify VA through the Contract Residential Coordinator at
SFVAHCS of any negative incident occurring with a Veteran within 24 hours of being informed or made aware of the incident, if not sooner. Contractor will complete a written incident report within 48 hours of notification. Incidents include but are not limited to: death; fire; drug/police raid; suicide/suicide attempt; 911 call (police/fire dept./paramedics/other); drug overdose; severe medical illness / emergency; severe psychiatric illness / emergency; sexual assault; act of violence by Veteran against other(s); abusive behavior by Veteran against staff; act of violence by other(s) against Veteran; abusive behavior by staff against Veteran; accident; medication problems or adverse drug reactions;
or other untoward events.
e) In the event a Veteran residing in HCHV Contract Residential Emergency
Housing under this contract dies, the Contractor will promptly notify the Contract Residential Coordinator authorizing admission and immediately assemble, inventory using established protocol, and safeguard the Veteran’s personal effects. Laundry facilities for residents to do their own laundry
f) Case management to assist obtaining employment for those who are able to be employed
g) Collaboration with Contract Residential Coordinator including but not limited to admission, treatment, and discharge.
h) Therapeutic, Rehabilitative, and Recovery Services determined to be needed by the individual resident in a plan developed by the contractor with consultation by the Veteran and the VA case manager and/or other appropriate VA staff.
Services which the contractor must be able to furnish include:
i. Structured group activities as required of the need of the Veteran served -examples include group therapy, social skills training, Alcoholics Anonymous, Narcotics Anonymous, vocational counseling, and physical activities as appropriate.
ii. Contractor shall collaborate with Contract Residential Coordinator, VA program and community resources to provide Veteran individual professional counseling, including counseling on self-care skills, adaptive coping skills and vocational rehabilitation counseling.
iii. Assistance to develop responsible living patterns and to achieve a more adaptive level of psychosocial functioning, upgraded social skills, and improved personal relationships.
iv. Support for an alcohol/drug abuse-free lifestyle.
v. Assistance to gain and to apply knowledge of the illness/recovery process.
c) Therapeutic, Rehabilitative, and Recovery Services determined to be needed by the individual resident in a plan developed by the contractor with consultation by the Veteran and the VA case manager and/or other appropriate VA staff. Services which the contractor must be able to furnish include:
d) Unless specifically excluded in this contract, the per diem rate established shall include the services listed in this document and will also include all services or supplies normally provided other clients by the facility without extra charge.
e) The contractor shall employ sufficient professional staff and other personnel to carry out the policies and procedures of the program. There will be at a minimum, an employee on duty on the premises, or residing at the program and available for emergencies, twenty-four hours per day, seven days per week.
f) The contractor shall comply with the VA Patient's Bill of Rights as set forth in Section
17.34a, Title 38, U.S. Code of Federal Regulations. http://www.gpo.gov/fdsys/pkg/FR- 2012-03-01/html/2012-4941.htm http://www.gpo.gov/fdsys/pkg/FR-2012-03-01/html/2012-4941.htm http://www.gpo.gov/fdsys/pkg/FR-2012-03-01/html/2012-4941.htm
B. TERM OF CONTRACT
1) The Sioux Falls VA Health Care System anticipates awarding a firm fixed priced indefinite delivery indefinite quantity Base + 4 Option Year contract. The contractor shall provide HCHV-CERS services in accordance with the terms of this contract during the base period of performance from 10/01/2022 thru 09/30/2023.
C. UNIT REQUIREMENTS
1) Facility shall have a minimum of 9 free parking spaces available.
2) Each room shall be on the ground floor or be elevator serviced. Facility must be Americans with Disabilities Act (ADA) compliant.
3) The contractor shall allow veterans to leave their belongings in the room or have a room available for veterans to store his/her items until return from his/her appointment.
4) Contract Residential Coordinator or the Veteran will notify the contractor of when specific individuals will be checking out of the facility. In the event that a Veteran refuses to leave the room, the contractor shall immediately notify the Contract Residential Coordinator.
Also, in the event that a Veteran checks out of the facility without prior notice from the VA, the contractor shall immediately notify the Contract Residential Coordinator or the VA Homeless Coordinator, if the checkout occurs during other than normal business hours.
D. PATIENT EMERGENCIES
1) In the event a Veteran is in an emergency situation of any kind, the contractor shall contact the 911 emergency medical services to respond to the emergency. Within one hour of the emergency commencing, the contractor shall notify the Contract Residential Coordinator or the VA Administrative Officer of the Day if after normal business hours.
E. BUILDING REQUIREMENTS
1) Fire Safety:
i. Buildings in which space is offered shall be evaluated in accordance with latest editions of the NFPA 101, LIFE SAFETY CODEhttp://www.nfpa.org/codes-and-standards/document-information-pages?mode=code&code=101 and AMERICANS WITH DISABILITIES ACT (ADA) http://www.ada.gov/ http://www.nfpa.org/codes-and-standards/document-information-pages?mode=code&code=101 http://www.nfpa.org/codes-and-standards/document-information-pages?mode=code&code=101 http://www.ada.gov/
ii. Equipment, services, or utilities furnished, and activities of other occupants shall be free of safety, health, and fire hazards. When hazards are detected, the contractor shall promptly correct hazards.
2) Maintenance of contractor-owned fire extinguishers shall be provided by the contractor in accordance with NFPA Standard No. 101. As required by code, smoke detectors/alarms shall be installed in each room, office, storage area, hallways, and other common areas. Required testing shall be performed, documented, and a copy of the inspection report shall be provided to the VA COR.
3) Wheelchair Accessibility. Rooms shall be wheelchair accessible. Common areas such as hallways shall provide for accessible path of travel for wheelchairs.
4) Elevators: If elevators are a part of the room complex, they shall conform to the latest requirements of the American National Standard A171 and A171a Safety Code for Elevators https://law.resource.org/pub/us/code/ibr/asme.a17.3.2008.pdf , except for elevator emergency recall and shall be inspected and maintained in accordance with American National Standard A17.l, Inspector's Manual for Elevators or equivalent local code. The elevators shall also comply with local codes, and ordinances. A copy of current inspection report shall be furnished to the VA COR.
5) Miscellaneous: No activity to the building and/or grounds that would cause an increase in dust, dirt, or spores to be airborne (i.e., renovation to the building, movement of earth on the grounds) shall take place without the contractor's written notification to the VA at least seven calendar days in advance of the event.
6) Inspection: The Government reserves the right, at any time before and after contract award, and during the term of the contract, to inspect the rooms and all other areas of the complex access to which is necessary to ensure a safe and healthy environment for the VA referred occupants.
F. OTHER CONTRACTOR REQUIREMENTS
1) RECORDS AND REPORTS: As VA exercises contract oversight, attention will be directed to the adequacy of Veterans’ records. Site visits by VA staff will periodically include a spot check of records to ensure Contractor invoices accurately reflect the Veteran’s length of stay. The Contractor will be responsible for the following onsite records and reports:
2) Daily sign-in sheets signed by program Veterans, to document and verify Veterans’ presence at the facility for billing purposes. Daily sign-in sheets must be completed clearly, accurately, and thoroughly with full signatures and monitored so as to provide a full accounting of Veterans’ stay and services received for billing and audit purposes. These sign-in sheets will be hand delivered and/or faxed a minimum of monthly to the VA Contract Residential Coordinator for review. In the event one or more Veterans refuses to sign the https://law.resource.org/pub/us/code/ibr/asme.a17.3.2008.pdf daily sign-in sheets due to documented mental health problems, an alternative method of verification may be developed on a case-by-case basis in collaboration with Contract Residential Coordinator.
3) The Contractor shall maintain an individual clinical record on each Veteran housed under this contract. The Contractor must comply with the requirements of the “Confidentiality” of certain medical records (38 USC 7332), and (42 CFR, Part II) when appropriate, and shall be part of the contract. All case records will be maintained with such security and confidentiality as required and will be made available on a need-to-know basis to appropriate staff members involved with the treatment program of the veterans concerned.
Contractor shall utilize Health Management Information Systems (HMIS).
4) The Contracting Officer is the only person authorized to approve changes or modify any of the requirements of this contract. The Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer is authorized to make commitments or issue changes that shall affect price, quantity, or quality of performance of this contract.
IN THE EVENT THE CONTRACTOR AFFECTS ANY SUCH CHANGE AT THE DIRECTION
OF ANY PERSON OTHER THAN THE CONTRACTING OFFICER WITHOUT AUTHORITY,
NO ADJUSTMENT SHALL BE MADE IN THE CONTRACT PRICE TO COVER AN
INCREASE IN COSTS INCURRED AS A RESULT THEREOF.
5) The COR will be responsible for the overall technical administration of this contract as outlined in the COR Delegation of Authority, including monitoring of the Contractor's performance.
6) All individual clinical records will contain an initial biopsychosocial assessment completed within two (2) weeks of program admission. The assessment and plan will include but not be limited to: all identifying data relevant to the Veteran and his/her family, including medical problems and medications, mental health problems and medications, substance use history, housing history and preferences, income supports or benefits, employment/vocational issues, information relating to the Veteran’s admission including reason for referral, the targeted goals for constructive changes which are to be attained during the residential rehabilitation episode, and the anticipated length of stay, if known.
7) An initial ISP completed within one week (7 Days) of program admission signed by the Veteran and the VA Contract Residential Coordinator. The plan must specifically include but will not be limited to: Provisions for Veteran placement into an appropriate transitional or permanent housing placement within 60-90 days of admission to the HCHV Contract Residential Care facility with no more than 60 days without planned reason for extension.
The housing placement planning must take into account all appropriate and available community-based housing options as well as the Veteran’s preferences regarding location and housing type.
8) Provisions for the stabilization and/or treatment of biopsychosocial issues and stressors.
This may include provisions of care within the contracted facility, connections to VA medical and mental health care, and/or referrals and connections to community-based resources.
9) Progress notes for each case management encounter to include information regarding progress toward meeting the ISP goals.
10) Documentation of Veteran participation in onsite daily structured activities and groups.
11) Updated ISPs every thirty (30) days from the date of the initial plan, to include any measures of movement toward rehabilitation goals, with particular focus on the attainment of community-based housing.
12) A final discharge summary on each Veteran who leaves the program regardless of character of discharge, to include a description of beneficial changes realized during the residential period,
13) Contractors will be expected to enter data into a Homeless Management Information System (HMIS) web-based software application and bed totals in the Homeless Inventory Count (see Reference section). This data will consist of information on the Veterans served and types of supportive services provided by Contractors. Contractors must treat the data for activities funded by the VA HCHV Contract Residential Care program separately from that of activities funded by other programs. Contractors will be required to export client-level data for activities funded by the VA HCHV Contract Residential Care program to VA on a regular basis.
Contractor will collect and maintain evaluation data and provide additional documentation and/or data reporting as requested or required by VA National Center on Homelessness among Veterans for the HCHV Contract Residential Emergency Housing guidelines based on current, changing, or subsequent local, VISN or national HCHV program requirements.
SECTION C - CONTRACT CLAUSES
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL
ITEMS (OCT 2018)
(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—
(1) Within a reasonable time after the defect was discovered or should have been discovered; and
(2) Before any substantial change occurs in the condition of the item unless the change is due to the defect in the item.
(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.
(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal, or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.
(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.
(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.
(g) Invoice.
(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—
(i) Name and address of the Contractor;
(ii) Invoice date and number;
(iii) Contract number, line item number and, if applicable, the order number;
(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;
(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;
(vi) Terms of any discount for prompt payment offered;
(vii) Name and address of official to whom payment is to be sent;
(viii) Name, title, and phone number of person to notify in event of defective invoice; and
(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.
(x) Electronic funds transfer (EFT) banking information.
(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.
(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.
(C) EFT banking information is not required if the Government waived the requirement to pay by
EFT.
(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.
(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees, and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark, or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.
(i) Payment.—
(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.
(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.
(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.
(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.
(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—
(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—
(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);
(B) Affected contract number and delivery order number, if applicable;
(C) Affected line item or subline item, if applicable; and
(D) Contractor point of contact.
(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.
(6) Interest.
(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.
(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.
(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—
(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;
(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or
(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).
(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.
(v) Amounts shall be due at the earliest of the following dates:
(A) The date fixed under this contract.
(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.
(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—
(A) The date on which the designated office receives payment from the Contractor;
(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or
(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.
(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.
(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:
(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or
(2) Delivery of the supplies to the Government at the destination specified in the contract if transportation is f.o.b. destination.
(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.
(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.
(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.
(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.
(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.
(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.
(q) Other compliances. The Contractor shall comply with all applicable Federal, State, and local laws, executive orders, rules, and regulations applicable to its performance under this contract.
(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.
(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:
(1) The schedule of supplies/services.
(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;
(3) The clause at 52.212-5.
(4) Addenda to this solicitation or contract, including any license agreements for computer software.
(5) Solicitation provisions if this is a solicitation.
(6) Other paragraphs of this clause.
(7) The Standard Form 1449.
(8) Other documents, exhibits, and attachments
(9) The specification.
(t) [Reserved]
(u) Unauthorized Obligations.
(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:
(i) Any such clause is unenforceable against the Government.
(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.
(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.
(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.
(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.
(End of Clause)
ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS
Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.
The following clauses are incorporated into 52.212-4 as an addendum to this contract:
C.2 52.203-99 PROHIBITION ON CONTRACTING WITH ENTITIES THAT
REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS
(DEVIATION) (FEB 2015)
(a) The Contractor shall not require employees or contractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.
(b) The contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.
(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.
(d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.
(2) The Government may seek any available remedies in the event the contractor fails to comply with the provisions of this clause.
(End of Clause)
C.3 52.216-18 ORDERING (OCT 1995)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the effective date of the contract through the end of the effective period.
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.
C.4 52.216-19 ORDER LIMITATIONS (OCT 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount…
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