Draft SOW - VAPIHCS Guardianship.docx

STATEMENT OF WORK

1. OBJECTIVE

The Contractor shall provide to the Department of Veterans Affairs (VA) legal representation for the filing and disposition of guardianship cases when a Veteran under the care of VA Pacific Islands Health Care System (VAPIHCS) lacks capacity to speak on their own behalf, and there is no family either willing or able to act on the Veteran’s behalf. The ordering period for these services shall be five years from the date of award. Term will be on or about the below:

2. Background The US Department of Veterans Affairs (VA) is committed to providing Veterans with high-quality health care to be provided in the most appropriate care setting. This goal is supported by VA Central Office (VACO) and the White House. The VA Pacific Islands Health Care System (VAPIHCS) is seeking a Contractor to assist with the provision of emergency petitions for guardianship. In cases when Veterans lack decisional capacity and have no next of kin to make decisions for them, guardianship may be required to ensure that the Veteran has a legal representative to speak on their behalf, to take the necessary steps to apply for available financial resources, and to complete applications for admission into appropriate care settings when the Veteran’s care needs change. This represents an effort by VA to provide care in the least restrictive environment of care, and to ensure that Veterans can receive care in an appropriate setting that meets their care needs.

The Department of Veterans Affairs Office of General Counsel and the Health Law Group have not given permission for the local Office of General Counsel to provide these services, which is why outside legal counsel is being sought.

The contractor will fill petitions with the Hawaii Family Court for Veterans who have been determined to lack the capacity to make decisions for themselves regarding their care. The providers will complete the Physician Certificates attesting to the above. The need for assistance with petitioning for guardianship for Veterans under VA PIHCS care is intermittent and infrequent but requires the availability of the contracted attorney when a case is identified.

3. Description The VA Pacific Islands Health Care System is seeking a Contractor to assist with guardianship petition process.

1. The Contractor shall file guardianship petitions to the Hawaii Family Court on behalf of VAPIHCS.

2. The Contractor shall submit all notifications to interested parties as part of the petition process.

3. The Contractor shall represent the VAPIHCS in any court hearings related to the petition for guardianship.

4. The Contractor shall help prepare any VAPIHCS staff that are required to testify at the guardianship hearings.

5. The Contractor shall make available to the VA copies of records and filings with the court.

6. VA program staff will collaborate with the contractor, who will provide required medical records and expert testimony.

7. The Contractor shall comply with the VA Patient’s Bill of Rights as set forth in Section 17.34a, Title 38, Code of Federal Regulations.

8. The Contractor shall provide invoices in accordance with Prompt Payment Act, in a timely manner.

4. Task Orders Task Orders under this contract will be issued by a warranted contracting officer, or warranted purchase card holder, if the contractor accepts purchase cards, for each guardian case.

5. Confidentiality:

VA will provide the contractor access to pertinent patient medical information, within the existing privacy rules and regulations, for the purpose of providing coordinated comprehensive primary care. The contractor shall ensure the confidentiality of all patient information. Patient information is Protected Health Information (PHI). The term “Protected Health Information” or the abbreviation “PHI” shall include the term” Electronic Protected Health Information” and the abbreviation “EPHI”.

The contract shall be subject to the regulations issued by the Department of Health and Human Services, as mandated by the Health Insurance Portability and Accountability Act (HIPAA) of 1996, Business Associates Agreement (BAA) in accordance with IL 049-03-7 and the Privacy Act of 1974. Federal Acquisition Regulations 52.224-1 Privacy Act Notification and 52.224-2 Privacy Act are provided in full text in the Addendum to FAR clause 52.212-4. The Contractor is not authorized to release any medical record information. The VA is the sole entity authorized to release this information upon written request from the patient. Reference Policy Memorandum No. 136-48-06, dated Sept. 8, 2006, Release of Medical Information (available upon request).

6. Records:

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 or tests or treatment for or infection with HIV/AIDS, medical quality assurance records, or any other sensitive information protected under 38 U.S.C. Para. 4132 or Para. 3305, as defined by the Department of Veterans Affairs shall not have access to the records unless absolutely necessary to perform their contractual duties. Any individual who has access to these data shall 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. Violation of these statutory provisions, as stated in department regulations by which the contractor’s employees must agree to abide may involve imposition of criminal penalties. The C&A requirements do not apply, and that a Security Accreditation Package is not required.

7. Contract Performance Assessment Reporting System (CPARS) This contract will require reporting in Contractor Performance Assessment Reporting System (CPARS); therefore, the contractor shall provide a Point of Contact (POC) to the contracting officer at time of award who will be responsible for managing reports/CPARs on this contract and will be assigned the role as “contractor representative” within CPARS.

This system is used Federal-agency wide as a solution for the collection of Contractor Past Performance Information (PPI). This is being implemented throughout Veterans Health Administration (VHA) in an attempt to be in compliance with the requirements of FAR part 42 for documenting contractor performance assessments and evaluations.

Past performance information is relevant information for future source selection purposes regarding a contractor’s actions under previously awarded contracts. It includes, for example, the contractor’s record of conforming to contract requirements and to standards of good workmanship; the contractor’s record of forecasting and controlling costs; the contractor’s adherence to contract schedules, including the administrative aspects of performance; the contractor’s history of reasonable and cooperative behavior and commitment to customer satisfaction; the contractor’s record of integrity and business ethics, and generally, the contractor’s business-like concern for the interest of the customer. Each contractor is required to register in the Contractor Performance Assessment Reporting System (CPARS) @ https://www.cpars.gov. The Contracting Officer/Contracting Officer Representative will evaluate the contractor's performance annually. The report shall be assigned in CPARS to the contractor's designated representative (contractor representative) for comment. The contractor representative will have thirty (30) days to submit any comments and then re-assign the report to the VA Contracting Officer acting as the Assessing Official within CPARS. Failure to register and respond within the thirty days will result in the Government's evaluation being placed on file in the database with a statement that the contractor failed to respond.

Technical Evaluation The contractor must be licensed to practice as a lawyer in the State of Hawaii and demonstrate experience with filing guardianship petitions with the Family Court on behalf of health care organizations.

Inherently Government Functions Statement The services to be procured do not include inherently governmental functions pursuant to the definition of an inherently governmental function in paragraph 3 of Office of Federal Procurement Policy (OFPP) Policy Letter 11-01, do not appear on the list of inherently governmental functions in Appendix A of the Policy Letter, and do not otherwise qualify as an inherently governmental function taking into consideration the tests for identifying inherently governmental functions in paragraph 5-1 of the Policy Letter. The function to be contracted for is not closely associated with an inherently governmental one and the required services are not critical as defined in paragraph 3 of the Policy Letter.