Attachment C Final SOW Residential Treatment 8-21-2024.pdf

Pretrial Services Agency for the

District of Columbia

STATEMENT OF WORK

Residential Treatment Services for Substance Use Disorders

Statement of Work for “Treatment

Table of Contents

1.0 Introduction 3

2.0 Objective 3

3.0 Scope of Work 3

4.0 Background 4

5.0 Place of Performance 4

6.0 Period of Performance 4

7.0 Travel 4

8.0 Specific Task 5-6

9.0 Certification and License 8

10.0 Personnel 9

11.0 Deliverables 10-12

12.0 Quality Assurance Surveillance Plan 12

13.0 Meetings 12

14.0 Special Instructions 12

15.0 Records Management 13

16.0 Government Furnished Property or Information 14

Statement of Work for “Treatment Page 3

STATEMENT OF WORK

Use Disorder Treatment Services

1.0 Introduction

The Pretrial Services Agency for the District of Columbia (PSA) is an independent entity within the Court Services and Offender Supervision Agency (CSOSA) in the Executive Branch of the Federal government. PSA has served the District of Columbia for 50 years and is widely recognized as a leader in the pretrial field. PSA’s mission is to promote pretrial justice and enhance community safety. Our vision is to improve public safety and serve the community through data-driven decision making by a committed workforce that provides evidence-based pretrial supervision and support services.

PSA promotes community safety and return to court while honoring the constitutional presumption of innocence.

The agency plays a vital role in the District of Columbia’s criminal justice system. PSA gathers and presents information about newly arrested clients and about available release options for use by judicial officers in deciding what, if any, conditions are to be set for released clients. Additionally, PSA supervises clients released from custody during the pretrial period by monitoring their compliance with conditions of release and by helping to ensure that they appear for scheduled court hearings. PSA supervision gives the clients the opportunity to participate in a variety of pro-social interventions that decrease the likelihood of future criminal behavior. PSA was established by the National Capital Revitalization and Self- Government Improvement Act of 1997 and was certified as a federal agency under the Executive Branch in August 2000.

2.0 Objective

The Pretrial Services Agency for the District of Columbia (PSA) (hereafter referred to as the Government) strategic goals focus on effectiveness of mission accomplishment, which includes solutions to enhance the supervision of clients in the community. The provision of treatment services to PSA clients supports PSA’s mission of promoting pretrial justice and enhancing community safety.

To assist in meeting this mandate, PSA is seeking contractor support services for the following medical and co-occurring behavioral health treatment services:

(1) Residential Treatment – ASAM Level 3.5 - Clinically Managed High Intensity Services (Adult Criteria)

3.0 Scope of Work

Provide substance use disorder and treatment services for clients with single or co-occurring psychiatric and substance use disorders in accordance with all applicable District of Columbia certification standards and applicable accreditation standards.

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4.0 Background

PSA is mandated to provide or facilitate assessments and/or treatment services to persons ordered to undergo such services as part of their pretrial supervision. These persons may have single or co-occurring mental health and substance use issues and may include persons of varying backgrounds, who may be non-English speaking, i.e.

Spanish or have other physical impairments and/or disabilities. PSA is seeking contractor support to provide substance use disorders and psychiatric treatment services to clients who are physically dependent on illicit substances..

5.0 Period of Performance

Base Year: September 30, 2024 to September 29, 2025 Option Year 1: September 30, 2025 to September 29, 2026

Option Year 2: September 30, 2026 to September 29, 2027

Option Year 3: September 30, 2027 to September 29, 2028

Option Year 4: September 30, 2028 to September 29, 2029

6.0 Place of Performance

All potential offerors must be local within the geographical area of the Washington, DC metropolitan area.

7.0 Travel

All travel will be considered local travel within a 100 miles radius of the District of Columbia. There will be no travel outside of local travel. All travel is in accordance with the Federal Travel Regulations.

The contractor will be required to transport the client from their point of origin at initial placement. Points of origin are D.C. Superior Court located at 500 Indiana Avenue, NW; PSA located at 633 Indiana Avenue, NW;

D.C. Jail; any D.C. DBH community mental health or substance use treatment facility and CSOSA Re-Entry and Sanctions Center located at 1900 Massachusetts Avenue, SE. The Contractor must provide round trip transportation of client’s court appointments at the D.C. Superior Court located at 500 Indiana Avenue, NW or the D.C. District Court located at 333 Constitution Avenue, NW.

The Contractor may facilitate any Court or probation appointments electronically only during a national/local severe health emergency (e.g. pandemics, medical outbreaks, etc.) and only if this is acceptable to the Courts and for Pretrial/Probation matters.

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8.0 Specific Tasks

8.1 Residential Treatment – ASAM Level 3.5 - Clinically Managed High Intensity Services (Adult Criteria)

• The Contractor must provide Level 3.5 clinically managed high intensity residential treatment to substance using and co-occurring diagnosed clients in accordance with criteria outlined in the ASAM (Third Edition, 2013) and relevant states /jurisdictional certification standards.

• Contractor must provide Level 3.2-WM clinically managed residential withdrawal management (social detox) to clients to whom this is appropriate. This service is to be provided as a component of Level 3.5 residential treatment without additional cost to the Government.

• The clients will be referred only by the Government from various PSA programs. The Contractor must place between one to four treatment placements a week by PSA officials.

• The Contractor must review the PSA referral packet and make a suitability determination or request for additional relevant information to PSA staff in writing within two (2) business days of receipt of each referral package. When necessary, PSA staff will coordinate with the referral source to obtain additional information requested by the Contractor.

• The Contractor must not refuse to admit clients for residential treatment solely because they test positive for illicit substances at placement if these substances have been clinically determined not to require medical detoxification (e.g., cocaine, phencyclidine, marijuana).

• If the client is evaluated to be in substance related medical or mental distress (e.g., substance- induced psychosis), the Contractor may deny admission until the client is medically and mentally stable.

The duration of the program will vary in length for each client depending on initial and ongoing assessment, treatment plan progress, program design, and available funding. In general, the scheduled lengths of stay will be in 30-day increments and will usually not exceed 90 days of residential treatment. However, the Contractor or Government may request the length of stay be reduced or extended outside of this range, depending on the client’s progress in treatment and other factors.

• The Contractor must not give PSA clients permission to leave the residential facility without prior coordination and approval of the PSO. Clients are permitted to participate in group therapeutic outings, such as support group meetings, without prior PSO consultation as long as clients are under the observation of Contractor staff at all times. All overnight trips, even if therapeutic in nature, require PSO approval.

• The Contractor must transport the client from the point of origin to the Contractors facility at initial placement.

Points of origin are limited to D.C. Superior Court located at 500 Indiana Avenue, NW; PSA located at 633/601Indiana Avenue, NW; DC Jail, any D.C. DBH community mental health or substance use treatment facility, CSOSA Re-Entry and Sanctions Center located at 1900 Massachusetts Avenue, SE, and any D.C. any area detoxification facility, other D.C. area residential treatment programs, or any D.C. area halfway house. The Contractor must provide round trip transportation from the Contractors facility to the client’s court appointments at the D.C. Superior Court located at 500 Indiana Avenue, NW or the D.C. District Court located at 333 Constitution Avenue, NW. If requested, the Contractor must transport the client from the Contractors facility to one of the above referenced locations following discharge from treatment. All transportation must include accommodation of clients who require wheelchairs, or similar devices for mobility.

• The Contractor must provide three (3) nutritionally balanced meals and an evening snack, seven (7) days per week.

• The Contractor must ensure that clients have access to routine and emergency medical care while in treatment at no additional cost to the Government. This section does not require the Contractor to fund such services.

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Contractor must not bill the Agency for routine medical care performed by the Contractor.

However, it requires that clients have reasonable access to necessary medical care while in residence. The Contractor is not required to get PSA approval before allowing clients to leave the facility for emergency care but must do so for routine care. Notification of emergency care must be provided to the PSO and the PSO’s supervisor by telephone immediately and provide written notification within one (1) business day.

• The Contractor must make referrals or otherwise ensure that clients are able to access necessary ancillary services.

• The Contractor must ensure that appropriate numbers of qualified personnel are on-site and accessible at all times, 24-hours per day. Qualified clinical personnel must be on-site and accessible at least 16 hours each day, Monday through Friday and at least 8 hours per day on weekend days. If program does not employ clinical personnel during overnight hours, appropriate numbers of support or monitoring personnel must be on-call and available to respond telephonically and in-person if clinical issues requiring immediate attention arise. All programs must adhere to the staffing patterns that are required by appropriate state licensing body where the treatment program operates.

• The Contractor must provide services to support clients with co-morbid conditions and special populations to include the hearing-impaired, visually impaired, mobility-impaired clients, pregnant woman, and non-English Speaking clients.

• Contractor must have the ability to provide all services in the defendant’s preferred language.

The Contractor must provide written discharge summaries to the PSO and COR within 24 hours of discharge from treatment.

• The Contractor's program must meet all federal, state, and local requirements and must provide, at a minimum:

• Community-based transitional and education services that promote a drug-free lifestyle; individual and group counseling sessions of at least five (5) hours per week.

• Assistance in acquiring stable, permanent employment, including assistance with obtaining GED, employment and computer training.

• Assistance in the reunification of the client with their children, family, and community.

• Relapse prevention, parenting, and other educational services and training to the client and their family.

8.2 TREATMENT FOR THE VISUALLY & HEARING IMPAIRED (OPTIONAL)

The Contractor must provide professional treatment services to individuals with varying degrees of hearing impairment. When required the Contractor must employ or contract with personnel skilled in American Sign Language (ASL); have mechanisms for rousing sleeping residents and alerting them to emergencies; and include media (e.g., treatment related DVDs or on demand curriculum) that include captioning or braille.

The services required include ASL interpreters/translators for hearing-impaired clients while participating in treatment sessions. The location of services will be within the local geographical area of the Washington, DC Metropolitan area. Interpreters will be required to meet clients at the service location and must remain with the clients during the scheduled treatment hours.

ASL services “when or if needed” is anticipated to be required for up to 90 days for Residential Treatment However, this is not a guaranteed minimum.

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8.3 ADDITIONAL REQUIRED (MANDATORY)

Spanish Language and Culturally Specific Treatment: The predominant limited-English proficiency population that the Pretrial Services Agency for DC serves is Spanish speaking. The language component will consist of Spanish speaking case managers/therapists, Alcoholics Anonymous (AA) and Narcotics Anonymous (NA) meetings conducted in Spanish, group therapy conducted in Spanish, and case management services conducted in Spanish, e.g., documents, treatment plans, assessments, discharge summaries, etc. The cultural component will consist of immigration/legal assistance, family counseling, assimilation into American society/culture, separation anxiety (familial and cultural), English as a second language (ESL) and literacy instruction, job readiness, life skills, domestic violence, anger management, and gender specific groups, e.g., men's groups and women's groups. The Contractor must provide all modalities of treatment (IOP, Residential, and Transitional Housing) that are offered in English-to-English speaking clients in Spanish to those Spanish speaking and limited-English proficiency clients.

Medication-Assisted Treatment: Medication Assisted Treatment: Contractors that currently provide medication assisted therapies as an adjunct to psychosocial treatment may respond to this section. The medication assisted treatment slots that the Government may choose to procure are limited to those medications approved by the Federal Drug Administration (FDA) for the treatment of substance use related disorders. To date this includes the opioid-agonist methadone, the partial opioid-agonist buprenorphine, and the opioid-antagonist naltrexone (ReVia®, Vivitrol®, and Depade®), Disulfiram (Antabuse®), and Acamprosate Calcium (Campral®).

Wellness/Holistic health focused care: Contractors who augment evidence-based practices with program components focusing on wellness/holistic health may respond to this section. Typical components of holistic care emphasize physical, nutritional, environmental, emotional, social, and spiritual and lifestyle issues. To qualify, these elements must be a substantial component of the treatment offering and the core of the treatment philosophy. Residential providers must incorporate these elements into their milieu, including meals and recreation. In all cases, staff that specialize in personal wellness and holistic health must be included as employees or on-site contractors. These specialists include health educators, nutritionists, physicians, or nurse practitioners who practice holistic medicine, and similar specialties.

Youthful African American Male (i.e., 18 to 25-year-old): Contractors who specialize in providing treatment services culturally relevant and specific to African American young adult males may respond to this section. Such services may include but are not limited to specialized interventions and staff to engage and assist this population whose presenting problems may include, in addition to substance abuse, Motivational Syndrome, street-related risky behavior (e.g., low level drug dealing, gang activity), employment problems, lack of high school diploma, teen fatherhood issues, trauma-related difficulties, and transitioning to adulthood issues.

Treatment for the Visually and Hearing Impaired: Contractors who currently provide professional treatment services to individuals with varying degrees of hearing impairment. The contractor must employ or contract with personnel skilled in American Sign Language (ASL); have mechanisms for rousing sleeping residents and alerting them to emergencies; and include media (e.g., treatment related DVDs) that include captioning or braille.

Lesbian, Gay, Bisexual, Transgendered (LGBTQ+ Focused Treatment: Such services may include, but are not limited to LGBTQ+-appropriate sleeping, bathing, and restroom facilities, as well as specialized interventions and staff to engage and assist this population whose presenting issues may include, in addition to substance abuse, sexual orientation and gender identity difficulties, family of origin/family of choice matters, discrimination and homophobia, domestic violence, barriers to employment, housing, & essential services, and HIV/AIDS-related and other personal health concerns.

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Co-Occurring Enhanced Treatment: Programs, provided in accordance with ASAM (Third Edition, 2013), designed to treat clients who have more unstable or disabling co-occurring mental disorders in addition to their substance related disorders. In contrast to co-occurring capable services, co-occurring enhanced services place their primary focus on the integration of services for mental and substance use disorders in their staffing, services, and program contents such that both unstable substance use and mental health issues can be adequately addressed by the program.

HIV Risk Assessment, Risk Reduction, and Referral for Counseling and Treatment: Programs designed to identify clients who are at risk for HIV and to develop a plan of action to reduce risk, including referral for counseling and/or treatment.

Substance Use Disorder Treatment for People with Cognitive Disabilities: Contractors who currently provide substance use disorder treatment services to individuals with varying degrees of cognitive disabilities may respond to this section. Programs need to demonstrate an organizational commitment to assist those with disabilities; apply specific measures to eliminate barriers (either physical or procedural) to treatment; and develop treatment plans that consider the particular needs and problems of people with cognitive disabilities.

Substance Use Disorder Treatment – Gender Specific Programing for Women: Contractors who currently provide gender specific treatment to adult women with substance use disorders and trauma issues. Programs need to demonstrate an organizational commitment to assist these women and are incorporating gender-specific programing and utilizing best practices.

Virtual Learning: It is defined as a learning environment in educational technology that is a web-based platform.

The virtual learning experience is enhanced with computers and/or the internet both outside and inside of a facility of an organization. The Government supports the use of virtual, as necessary. When requested by the Government, the Contractor will provide virtual learning treatment. The contractor may be requested to provide the virtual learning on-site at Pretrial Services or at an alternate off-site location as deemed appropriate by the vendor.

Requests for virtual treatment learning will be determined by the government and should not be considered as an alternative to standard in-person treatment. Virtual learning will be primarily used in case of unavoidable, emergent situations as deemed by the Government. In the event it is determined virtual treatment learning will be employed, the contractor must be ready and able to provide virtual treatment learning services to our clients. The contractor must have readily available to them a platform that supports virtual learning i.e. Zoom, Free Conference Call, etc. It is incumbent upon the contractors to make certain that all of their learning platforms are HIPPA compliant.

9.0 Certification/License & Practice Requirements:

9.1 The Contractor must ensure that the Contract support staff providing services maintain all required certification and licenses throughout the duration of this Contract for all substance use disorders facilities and treatment programs through the appropriate licensing board for the state or jurisdiction where the treatment program operates within the geographical location of the Washington, DC Metropolitan area. This includes the following:• The Maryland Department of Health, Behavioral Health Administration

• District of Columbia Department of Behavioral Health

• Virginia Department of Behavioral Health and Developmental Services,

9.2 The Contractor must provide the core services listed in the D.C. Department of Behavioral Health Certification Standards for Substance Use Treatment Disorders and Recovery Providers.

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9.3 All treatment programs must maintain accreditation by one of the following: The Joint Commission, Commission on Accreditation of Rehabilitation Facilities (CARF), or a comparable accrediting body requiring at least the minimum standards as described by The Joint Commission or CARF.

9.4 Certification/license must be maintained throughout the contract period of performance and must comply with any subsequent revisions or additions by the certifying authority for mental health and substance use disorders programs.

9.5 The contractor must provide verification and ensure that all certifications are compliant and maintained. The contractor must provide copies of all certifications/licenses changes, to the Government’s Contracting Officer’s Representative (COR) within 30 days of the change or revision.

9.6 The Contractor must develop or have in place policies and procedures to both detect and prevent instances of a client being in possession of contraband and use of illegal drugs or alcohol while in treatment. The fact that contraband is found on a client’s person or in them possession or that they tests positive for illegal drugs or alcohol must not necessarily be grounds for expulsion. The Contractor must create or have in place a graduated response/sanction regimen to address these infractions internally.

All program responses/sanctions to contraband or drug and alcohol use violations must be discussed with the Pretrial Services Officer (PSO) no later than the next business day of the infraction and before any decision is made about, the clients continued participate in the program.

10.0 Personnel: Staffing Requirements

10.1 All Contractor personnel who handle Personally Identifiable Information (PII) must adhere to PSA’s personnel security requirements.

10.2 At minimum, contractor personnel must possess qualifications and certifications/licensure required by the District of Columbia Department of Health, Maryland Department of Health, and the Virginia Board of Counseling.

10.3 The Contractor must have a clinical supervisor that possess at least a four-year degree and have documented experience as a clinical supervisor and must have the appropriate clinical licensure/certification to provide clinical supervision

10.4 .The Contractor’s staff must avoid ethically inappropriate interactions, transactions or relationships with clients being treated under this contract. This should include notification to the Government of any personal relationships that might exist between the contractors (and staff) and clients. The contractor must immediately report any improprieties or the appearance of an impropriety to the COR, as soon as possible, after the incident but not later than one business day by telephone and two business days in writing. Upon resolution of the incident, the contractor must notify the COR of the disposition.

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11.0 DELIVERABLES

The Contractor must forward attendance information to the Government ( Assistant Pretrial Services Officer (A/PSO;

Contract Officer Representative (COR)) via email or facsimile each day clients are scheduled to attend sessions. The attendance report must include the clients scheduled to attend, those who attended, and those who failed to attend.

Deliverable Format Recipient

Determination of admission Submit via email within two (2) business days of receipt of the referral.

Submit to the assigned A/PSO/COR in writing.

Treatment Plans Submit via email within three (3) business days of admission.

Submit to the assigned A/PSO/COR in writing.

Unusual Incident Reports Submit orally/telephonically as soon as possible and not later than within one (1) business day and in writing via email within two (2) business days.

Submit in writing to the COR and assigned A/PSO/COR.

Notify assigned A/PSO orally/telephonically/COR.

Drug testing and program infractions

Submit orally/telephonically within one (1) business day and in writing via email within two (2) business days.

Submit written notification to COR and assigned A/PSO.

Submit oral/telephonic notification to the assigned A/PSO/COR.

Written discharge summary to include an evaluation of the client’s program performance and a recommendation regarding aftercare treatment.

Submit in writing via email within one (1) business day prior to discharge from substance use disorders and inpatient treatment.

Submit to COR and assigned A/PSO in writing.

Unapproved program withdrawal by the client or early treatment termination by the program.

Notify immediately orally/telephonically and provide written notification via email within one (1) business day.

Submit to COR and assigned A/PSO in writing. Notify assigned A/PSO orally/telephonically.

Program violations and adverse actions taken.

Submit immediately orally/telephonically and not later than within one (1) business day and in writing via email within two

(2) business days.

Submit in writing to COR and assigned A/PSO.

Notify assigned A/PSO orally/telephonically.

Program denial upon in-person assessment.

Submit oral notification immediately and written justification within 24-hours via email.

Submit in writing to COR and assigned A/PSO.

Confirmation of client arrival and admittance.

Submit in writing within 24-hours. Submit in writing to the COR and assigned A/PSO.

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The Contractor must report unusual incidents to the PSO) and the COR as soon as possible, not later than within one (1) business day by telephone and in writing within two (2) business days. An unusual incident (UI) is an event, which affects staff (PSA employees or Contractor’s staff) or clients. Examples of UIs include but are not limited to the following:

• Client death, serious illness, injury or incapacitation;

• Hospitalization or emergency room visits;

• Unexplained absence of a client from a residence or program;

• Client criminal charge, arrest or incarceration;

• Alleged physical, sexual, emotional, or verbal abuse of or by a client involving

Contractor staff or other patients;

• Staff negligence or malpractice;

• Fire;

• Theft;

• Destruction or other loss of property;

• Sudden or serious problems in the maintenance of the treatment facility;

• Chronic complaints from clients’ families or clients’ themselves;

• Infestations or outbreak of communicable disease;

• Requests for information regarding clients from the media/press, attorneys, law enforcement or

Government officials outside PSA; and

• Client behavior requiring an unusual amount of attention from Contractor’s staff not typical for the treatment of the presenting problem.

The Contractor must provide written and oral notification for all clients in treatment in the following instances:

When a client tests positive for any drug or fails to comply with any other major program requirements, the Contractor must notify the assigned PSO and COR as soon as possible and not later than within one business day by telephone and in writing within two business days after the major infraction to ensure sufficient time to prepare the appropriate response.

Within one business day prior to a client’s discharge from substance use disorders treatment, the Contractor must submit to the PSO written discharge summary, including an evaluation of the client’s program performance and a recommendation for (or not for) follow-up treatment.

The Contractor must notify the Government by calling the assigned PSO, immediately and provide written notification within one business day, if a client leaves the program against medical advice or is discharged early for any reason.

The Contractor must report telephonically any adverse action taken or considered against a client to the PSO and COR as soon as possible and not later than the next business day when a client’s actions or behavior poses a threat to the client, other clients or the treatment community. A written report of the incident and any adverse action taken or considered is submitted to the PSO and COR within two business days of the incident.

To the extent allowed by relevant laws and regulations, the Contractor must have the right to refuse to treat any client who, after assessment, does not fit the Contractor’s target treatment population, including those who are determined to be too medically or mentally unstable to be treated by the Contractor or who have recurrent medical or other appointments that unduly interfere with treatment. The Contractor must provide to the COR and the PSO written justification for any refusal within twenty-four (24) hours of the refusal.

However, the Contractor who provides residential services must provide at least twenty-four (24) hours of room and board for the client, if requested by the COR, and as long as such care is deemed safe by the Contractor.

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The Contractor must have policies and procedures in place to ensure that clients admitted for substance use disorder treatment services have access to all medical services as defined by the American Society of Addition Medicine (ASAM) Fourth Addition, 2023

The Contractor must have policies and procedures in place to ensure that substance use disorder treatment services are dually diagnosed capable as described by the American Society of Addiction Medicine (ASAM) Fourth Addition, 2023.

The Contractor must not remove a client from treatment without concurrence from the Pretrial Service Officer (PSO) unless the client poses a threat to him or herself, other person(s), or property.

The Contractor must notify the Government within 24 hours written documentation of a client’s arrival and admission to treatment services.

12.0 Quality Assurance Surveillance Plan

A Quality Assurance Surveillance Plan (QASP) may be incorporated into the contract. If incorporated, the Government will evaluate the Contractor's performance under this contract using the method of surveillance deemed appropriate. If the Contracting Officer and/or Contracting Officer's Representative reveals contract terms and/or conditions are not being met, the discrepancy will be brought to the attention of the Contractor for correction. If the Contractor fails to correct any deficiencies under the contract, the Government must have the right to (1) require the Contractor to immediately take all the necessary steps to ensure performance of the service in conformity with the requirements of the contract, and (2) reduce the monthly fee payable under the contract by the amount to reflect the reduced value at the services performed, or (3) have the necessary work accomplished by the Government forces or other means, and reduce the Contractor's payment in the amount of the expenses incurred.

13.0 Meetings

The contractor must plan to meet with the COR/Program Manager as needed monthly to discuss any contractor related matters related to the performance and client management. Contractor must provide updates as agreed upon with the COR.

14.0 Special Instructions

1. Confidential Treatment of Sensitive Information

1.1. The vendor must guarantee strict confidentiality of the information/data that it is provided by the Government during the performance of the contract. The Government has determined that the information/data that the vendor will be provided during the performance of the contract is of a sensitive nature. The vendor and its subcontractors performing under this requirement must not copy, release, publish, or disclose non-public Agency information to unauthorized personnel, and must protect such information in accordance with provisions of the following laws and any other pertinent laws and regulations governing the confidentiality of such information:

• The Federal Acquisition Regulations (FAR)

• 18 U.S.C. 641 (Criminal Code: Public Money, Property or Records)

• 18 U.S.C. 1905 (Criminal Code: Disclosure of Confidential Information)

• 5 U.S.C. 552a (Privacy Act of 1974)

• Public Law 96-511 (Paperwork Reduction Act)

• Public Law 104-191, 110 Stat 1936 (HIPAA, The Health Insurance Portability and Accountability Act of 1996)

• Public Law 107-204, 116 Stat 745 (SOX, The Sarbanes-Oxley Act of 2002)

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Disclosure of the information/data, in whole or in part, by the contractor can only be made after receiving prior written approval from the Contracting Officer. Whenever the contractor is uncertain with regard to the proper handling of information/data under the contract, the contractor must obtain a written determination from the Contracting Officer.

Sensitive Information is any information, which if lost, compromised, or disclosed, could result in substantial harm, embarrassment, inconvenience, or unfairness to an individual, the Government, or the Government's interests. Sensitive Information is subject to stricter handling requirements because of the increased risk if the data are compromised. Some categories of Sensitive Information include Financial, Medical or Health, Substance Use, Legal, Strategic and Business, Human Resources, Personally Identifiable Information (PII), and Sensitive PII. These categories of information require appropriate protection as stand-alone information and may require additional protection in aggregate. When sending the Government information containing PII and Sensitive PII via email, you must use encrypt the email.

The Government when sending the contractor PII and Sensitive PII emails, will automatically be encrypted.

15.0 Records Management

In accordance to records management policy this requirement conforms to the following pertinent laws, codes and regulations; 44 U.S.C chapters 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228. In addition: Contractor must treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency must have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

a) Contractor must not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records.

b) Contractor must not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act.

c) Contractor must not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.

d) The Government Agency owns the rights to all data/records produced as part of this contract.

e) The Government Agency owns the rights to all-electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

f) Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.].

g) No disposition of documents will be allowed without the prior written consent of the Contracting Officer.

The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.

h) Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, this contract. The contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.

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16.0 Government Furnished Property or Information

17.1 No government equipment will be provided to off-site vendors. All services and furnishings will be provided by the off-site treatment vendor. Further, the contractor must establish and maintain complete and current client records. The records must document care provided and must be kept confidential in a secure space where access is limited to staff providing clinical and supervisory services within the facility. The Contractor must disclose client records only in accordance with 42 C.F.R Part 2. Where disclosure is permitted under those regulations, disclose only if disclosure is consistent with the policies and procedures of the Government or other certification authority.

17.2 The Contractor must establish and maintain complete and current client records. The records must document care provided and must be kept confidential in a secure space where access is limited to staff providing clinical and supervisory services within the facility. The Contactor must disclose client records only in accordance with 42 C.F.R. Part 2 where disclosure is permitted under those regulations, disclose only if disclosure is consistent with the policies and procedures of the Government or other certification authority.