HCHV SOLICITATION 36C25921R0100 - 09.23.2021.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

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 78

36C25921R0100

6. SOLICITATION ISSUE DATE

9-23-2021

Concesa Hubbard 303-712-5774 TIME 10-18-2021

5:00 PM MDT

00259

Department of Veterans Affairs

Network Contracting Office 19

NCO 19

6162 South Willow Drive, Suite 300

Greenwood Village CO 80111

X

624221

$12 Million

N/A

X

00259

Department of Veterans Affairs

NCO 19

6162 South Willow Drive, Suite 300

Greenwood Village, CO 80111

00259

Department of Veterans Affairs

Network Contracting Office 19

NCO 19

6162 South Willow Drive, Suite 300

Greenwood Village CO 80111

Department of Veterans Affairs

Financial Service Center

PO Box 149971

Austin TX 78714-9971

See CONTINUATION Page

Firm-Fixed Price Requirements Contracts for Health Care for Homeless Veterans (HCHV) services in accordance with the

Performance Work Statement (PWS) to support the Eastern

Colorado Health Care System, Cheyenne Health Care System, and Montana Health Care System (Kalispell, Missoula, Butte, Helena, and Billings.

At least or a minimum of 7 separate Requirements contracts will be awarded; 1 for each location listed in the PWS.

The Period of Performance for the Requirements Contracts will be for a base period of 12 months, with the option of four (4) twelve (12) month Option Periods.

Base: 10/01/2021 - 09/30/2022

OY 1: 10/01/2022 - 09/30/2023

OY 2: 10/01/2023 - 09/30/2024

OY 3: 10/01/2024 - 09/30/2025

OY 4: 10/01/2025 - 09/30/2026

The aggregate total value of orders placed under these seven (7) contracts shall not exceed $9,000,000.00.

See CONTINUATION Page

X

X 1

36C25921R0100

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 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN

2011)

B.3 PRICE/COST SCHEDULE – EASTERN COLORADO

B.3 PRICE/COST SCHEDULE – FORT COLLINS, CO

B.3 PRICE/COST SCHEDULE – KALISPELL, MT

B.3 PRICE/COST SCHEDULE - MISSOULA, MT

B.3 PRICE/COST SCHEDULE - BILLINGS, MT

B.3 PRICE/COST SCHEDULE – BUTTE, MT

B.3 PRICE/COST SCHEDULE – HELENA, MT

B.4 PERFORMANCE WORK STATEMENT (PWS)

SECTION C - CONTRACT CLAUSES

C.1 MANDATORY WRITTEN DISCLOSURES

C.2 IT CONTRACT SECURITY

C.3 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT

2018)

C.4 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2021) (JUL 2020)

(DEVIATION)

C.5 52.216-18 ORDERING (OCT 1995)

C.6 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.7 52.216-21 REQUIREMENTS (OCT 1995)

C.8 52.216-32 TASK-ORDER AND DELIVERY-ORDER OMBUDSMAN (SEP 2019)

C.9 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.10 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

C.11 52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL

BUSINESS CONCERNS (MAR 2020) (JUN 2020) (DEVIATION)

C.12 52.224-1 PRIVACY ACT NOTIFICATION (APR 1984)

C.13 52.224-2 PRIVACY ACT (APR 1984)

C.14 52.232-18 AVAILABILITY OF FUNDS (APR 1984)

C.15 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (DEC 2013)

C.16 52.237-3 CONTINUITY OF SERVICES (JAN 1991)

C.17 52.246-4 INSPECTION OF SERVICES—FIXED-PRICE (AUG 1996)

C.18 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.19 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.20 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

C.21 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND

COMPLIANCE (JUL 2018)

C.22 VAAR 852.237-7 INDEMNIFICATION AND MEDICAL LIABILITY INSURANCE

(JAN 2008)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

E.2 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.3 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (OCT 2015)

E.4 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

ADDENDUM TO 52.212-2 EVALUATION-COMMERCIAL ITEMS (JAN 1999)

E.5 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

ITEMS (FEB 2021) (JUL 2020) (DEVIATION)

E.6 52.216-1 TYPE OF CONTRACT (APR 1984)

E.7 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.8 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

1. Contract Administration: All contract administration matters will be handled by the following individuals: (Please write or type the Contractor’s name and address, Point of Contact, email address and telephone number under 1a.)

a. CONTRACTOR:

b. GOVERNMENT:

Concesa Hubbard (Contract Specialist)

Department of Veterans Affairs

Network Contracting Office 19

6162 South Willow Drive, Suite 300

Greenwood Village, CO 80111

Concesa.Hubbard@va.gov

Telephone No. 303-712-5774

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

[X] 52.232-33, Payment by Electronic Funds Transfer – System for Award Management

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Monthly in Arrears

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

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

AMENDMENT NO DATE

6. PERIOD OF PERFORMANCE: The Period of Performance of this contract shall be an initial performance period of one (1) year. The Solicitation will also contain terms and conditions authorizing up to four (4) twelve (12) month option periods to extend the term of the contract, if it is determined to be in the best interest of the Government.

mailto:Concesa.Hubbard@va.gov

7. CONTRACT TYPE: Requirements Contract FAR 16.503.

8. PLACE OF PERFORMANCE: The Places of Performance are as stated in the Performance Work

Statement, Paragraph IV Requirement, Section A. Location.

B.2 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND

COMPLIANCE (JUN 2011)

This solicitation includes FAR 52.219-4 Notice of Price Evaluation Preference for HUBZone Small

Business Concerns. Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by VA to assist in assessing the contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to contractor's offices where the contractor's business records, or other proprietary data are retained and to review such business records regarding the contractor's compliance with this requirement. All support contractors conducting this review on behalf of

VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

B.3 PRICE/COST SCHEDULE – EASTERN COLORADO

CONTRACT LINE ITEM NUMBER STRUCTURE

*Note: Bed day of care (BDOC) has been defined as a Veteran residing at the contractor’s facility and receiving associated treatment support services.

EASTERN COLORADO (Colorado Springs, Denver, Pueblo)

BASE YEAR: OCTOBER 1, 2021– SEPTEMBER 30, 2022

CLIN

DESCRIPTION

EST QTY

UNIT

UNIT

PRICE

TOTAL EST. PRICE

Provide HCHV services in accordance with the PWS

3,576

BDOC

OPTION YEAR 1: OCTOBER 1, 2022 – SEPTEMBER 30, 2023

UNIT

UNIT

OPTION YEAR 2: OCTOBER 1, 2023 – SEPTEMBER 30, 2024

UNIT

UNIT

OPTION YEAR 3: OCTOBER 1, 2024 – SEPTEMBER 30, 2025

UNIT

UNIT

PRICE

TOTAL EST. PRICE

OPTION YEAR 4: OCTOBER 1, 2025 – SEPTEMBER 30, 2026

UNIT

UNIT

TOTAL EST. BASE PLUS OPTION YEARS: $

B.3 PRICE/COST SCHEDULE – FORT COLLINS, CO

CONTRACT LINE ITEM NUMBER STRUCTURE

*Note: Bed day of care (BDOC) has been defined as a Veteran residing at the contractor’s facility and receiving associated treatment support services.

FORT COLLINS, COLORADO

UNIT

UNIT

Provide HCHV services in accordance with the

PWS

3,750

UNIT

UNIT

UNIT

UNIT

UNIT

UNIT

UNIT

UNIT

B.3 PRICE/COST SCHEDULE – KALISPELL, MT

CONTRACT LINE ITEM NUMBER STRUCTURE

*Note: Bed day of care (BDOC) has been defined as a Veteran residing at the contractor’s facility and receiving associated treatment support services.

KALISPELL, MONTANA

UNIT

UNIT

1,460

UNIT

UNIT

UNIT

UNIT

UNIT

UNIT

UNIT

UNIT

B.3 PRICE/COST SCHEDULE - MISSOULA, MT

CONTRACT LINE ITEM NUMBER STRUCTURE

*Note: Bed day of care (BDOC) has been defined as a Veteran residing at the contractor’s facility and receiving associated treatment support services.

MISSOULA, MONTANA

UNIT

UNIT

UNIT

UNIT

UNIT

UNIT

UNIT

UNIT

UNIT

UNIT

B.3 PRICE/COST SCHEDULE - BILLINGS, MT

CONTRACT LINE ITEM NUMBER STRUCTURE

*Note: Bed day of care (BDOC) has been defined as a Veteran residing at the contractor’s facility and receiving associated treatment support services.

BILLINGS, MONTANA

UNIT

UNIT

3,650

UNIT

UNIT

UNIT

UNIT

UNIT

UNIT

UNIT

UNIT

B.3 PRICE/COST SCHEDULE – BUTTE, MT

CONTRACT LINE ITEM NUMBER STRUCTURE

*Note: Bed day of care (BDOC) has been defined as a Veteran residing at the contractor’s facility and receiving associated treatment support services.

BUTTE, MONTANA

UNIT

UNIT

2,190

UNIT

UNIT

UNIT

UNIT

UNIT

UNIT

UNIT

UNIT

B.3 PRICE/COST SCHEDULE – HELENA, MT

CONTRACT LINE ITEM NUMBER STRUCTURE

*Note: Bed day of care (BDOC) has been defined as a Veteran residing at the contractor’s facility and receiving associated treatment support services.

HELENA, MONTANA

UNIT

UNIT

2,920

UNIT

UNIT

UNIT

UNIT

UNIT

UNIT

UNIT

UNIT

B.4 PERFORMANCE WORK STATEMENT (PWS)

I. BACKGROUND

A. The U.S. Department of Veterans Affairs (VA) is seeking providers to assist with the provision of short-term emergency residential placement aimed at prevention of homelessness through the Health Care for Homeless Veterans (HCHV’s) program as required by VHA

Handbook 1162.09. The central goal of the HCHV program is to reduce homelessness among

Veterans by conducting outreach and then engaging them in treatment, rehabilitation and other

VA programs and non-VA community programs that provide prevention and support services.

The contracted service described herein is designed to serve homeless Veterans in need of immediate placement in a safe environment.

II. PROGRAM SCOPE

A. This requirement is intended for community-based contractors currently operating residential facilities with demonstrated experience serving homeless individuals. The target population for HCHV Contract Residential Services is homeless Veterans. The VA may complement the non-VA community-based provider’s program with added treatment services such as participation in VA outpatient programs.

B. A VA Contracting Officer Representative (COR) / HCHV program staff will be assigned to each contractor facility and be identified by the VA medical center HCHV program. They will act as the liaison for all client related issues between the contractor and the VA HCHV team. They will not provide direct supervision.

II. DEFINITIONS

A. Homelessness:

As defined in 38 U.S.C. 2002(1) and section 103(a) of The McKinney-Vento Homeless

Assistance Act, 42 U.S.C. 11302(a) as amended by S. 896 The Homeless Emergency

Assistance and Rapid Transition to Housing (HEARTH) Act of 2009. The term “homeless" or "homeless individual" does not include any individual imprisoned or otherwise detained pursuant to an Act of Congress or a state law.

B. Veteran:

A Veteran is, for the purpose of HCHV Contract Residential Services Program, a person who served in the active military, naval, or air service, and who was discharged or released under conditions other than dishonorable and is enrolled or eligible for VA health care under 38

CRF 17.36 or 17.37. An eligible veteran must meet the criteria specified in 38 CFR 63.3 to qualify for benefits under the HCHV program.

C. Veteran Family:

“Veteran family” refers to a Veteran with a household composed of two or more related persons. The term “Veteran family” also includes one or more persons living with the VA health care eligible Veteran who are determined to be important to the Veteran’s care or wellbeing.

D. Per Diem:

Means that the VA shall pay for eligible Veteran’s stay in a residential treatment bed and associated treatment services for each day (date of admission is that first day) the Veteran resides at the facility and receives services. Unless specifically excluded in this contract, the rate established shall include the services listed in this document and shall also include the services or supplies normally provided other patients by the facility without extra charge. It is the contractor’s responsibility to have appropriate systems of verification of services in place to justify invoices and payments.

III. REQUIREMENTS

A. Location

Contractors with residential facilities will provide HCHV services to qualified veterans that are located below:

1. Colorado Springs, CO (80901-80997); Pueblo, CO (81001-81012);

Metro Denver (80012, 80014, 80022, 80033, 80123, 80127, 80202-80239)

2. Fort Collins, CO (80521-80528)

3. Billings, MT (59101-59117)

4. Butte, MT (59701-59750)

5. Helena, MT (59601-59604 & 59620-59626)

6. Kalispell, MT (59901-59904)

7. Missoula, MT (59801-59812)

Ideally these facilities should be in centralized locations, near public transportation, and near areas that provide employment.

B. Facilities and Services

All contractor facilities and associated onsite services shall pass initial inspection per

Attachment 1, VHA Handbook 1162.09 Appendix A-1, prior to contract award. Veterans cannot be serviced in these facilities until initial inspection has been passed. In addition, contractor facilities must pass an annual VA inspection IAW Attachment 1, VHA Handbook 1162.09, Appendix A-1. Also, Contractor facilities must operate in compliance with all Federal, state, and local laws. The VA reserves the right to re-inspect any facility and associated services at any time under the terms of this contract.

C. Veterans Eligibility Admission Criteria

1.To be eligible for HCHV Contracted Residential Services, a Veteran must meet the requirements of 38 U.S.C. 2031(a) and 38 CFR 63.3 and be referred to the location by a VA medical center.

2.The HCHV Coordinator, Social Worker or VA designated employee (case worker) refers eligible patients to the HCHV contractor.

3.Only Veterans referred by HCHV program staff will be accepted into the facility under the HCHV program.

4.Veterans shall be screened for entry into HCHV Contracted Residential Services to determine medical and psychiatric stability and their suitability for entry into the facility.

5.Obtain a Release of Information (ROI) from the Veteran allowing communication with the VA regarding the Veteran’s treatment needs and ongoing care.

6.When a Veteran is determined to be ineligible or if the level of care is not, collaborate with the Veteran and the HCHV program staff to arrange for provision of care through other VA or community resources.

7.Veterans cannot be denied entry into HCHV Contracted Residential Services based solely upon length of current abstinence from alcohol or non-prescribed controlled substances, the number of previous treatment episodes, the time interval since the last program entry, the use of prescribed controlled substances, or legal history. The screening process must consider each of these special circumstances and determine whether the program can meet the individual Veteran's needs while maintaining the program's safety, security, and integrity.

8.The VA shall only pay for eligible beneficiaries of NCO 19, that is only Veterans whom the VA medical center HCHV personnel refers to the contractor, or for whom the VA medical center HCHV personnel authorizes the provision of services. In the case of contractors providing residential treatment and services to Veteran families, the VA shall only pay for the eligible Veteran.

9. The VA pays for each eligible Veteran’s exclusive use of a residential treatment bed within a facility. Therefore, the contractor may not bill the VA and the VA will not pay for beds that are used by more than one person at a time, such as in shifts.

D. Facilities and Services

1. Veterans shall be placed in other permanent housing within 60 to 90 days from the date of admission, but not more than 180 days from the date of admission. Contractors shall not bill for Veterans whose length of stay exceeds 180 days from the date of admission without prior approval from the COR/HCHV program staff. Extension Requests are due prior to the expiration of any authorized period of service. These requests will need to be documented and approved by the COR/HCHV program staff.

2. In the event that a Veteran’s length of stay exceeds 180 days from the date of admission and there is not approval from the COR/HCHV program staff, the contractor shall retain the responsibility for finding suitable permanent housing in the community at its own expense prior to the Veteran’s discharge from the program.

3. Veterans may be discharged from HCHV Contract Residential Care programs for positive or negative reasons. The date of discharge shall be approved by the COR/HCHV program staff for billing purposes. The contractor shall provide discharge planning and referrals for each Veteran, regardless of character of discharge from the facility, to appropriate community resources and services based upon a team assessment of health, social and vocational needs and the involvement of Veterans’ families as appropriate.

4. Veteran residents who leave the facility without prior notice or permission will be considered to have an unexcused absence. If the Veteran does not return to the facility after 24 hours, he/she will be discharged from the program by the COR/HCHV program staff. The contractor will not be expected to hold the bed and will be reimbursed for the discharge date. The discharge date is the day the 24-hour absence ends; the contractor can bill for the 24 hours that the bed was held in anticipation of the Veteran’s return. It is the contractor’s responsibility to immediately notify the COR/HCHV program staff when a Veteran’s unexpected absence from the facility exceeds 24 hours.

5. Veteran residents will be allowed up to three (3) consecutive days of excused absence from the facility. The contractor will be expected to hold the bed and will be reimbursed for the three days of absence. An excused absence is defined as an absence that is planned and benefits the Veteran’s clinical treatment or community reintegration. Absences will only be considered excused if the COR/HCHV program staff is informed in advance of the absence and concurs with the rationale for it. Documentation must be provided to the Veteran and the COR/HCHV program staff that indicates permission for the absence, the required date and time of return to the facility, and contractor staff emergency contact information.

Copies of this documentation must be kept on file with the contractor for verification, billing and audit purposes.

6. Discharges shall be IAW VHA Handbook 1162.09.

E. Nutrition

The contractor shall provide nutritious meals three times a day seven days a week 365 to include two snacks a day and IAW Attachment 1, Attachment 1, VHA 10-10115A

Inspection Packet.

IV. RECORDS AND REPORTS

A. The contractor shall provide to the COR/ HCHV program staff a copy of their staff’s resume and a signed copy of Attachment 4 Contractor Rules of Behavior, for each employee and when a new employee joins the team or as requested.

B. 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. Contractor shall adhere to Attachment

3, Records Control Schedule (RCS) 10-1 for classification, retention, and disposals of records pertaining to care of veterans utilizing the facility. Contractor shall contact COR/HCHV program staff prior to disposing of any veterans’ records. The contractor shall be responsible for the following records and reports:

1. 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 printed names/signatures and monitored so as to provide a full accounting of a Veteran’s stay and treatment services received. These sign-in sheets shall be emailed a minimum of weekly to the COR/HCHV program staff for review.

2. An initial Individualized Treatment Plan shall be completed within two (2) weeks of program admission. Individualized treatment plans are developed through a joint effort of the Veteran, the contractor, and the HCHV program staff and is signed by the Veteran and the

COR/HCHV program staff. Treatment plans shall be developed for each Veteran based on input from HCHV program staff assessments, other VA clinical data, and the Veteran.

Updated Individual Treatment Plans 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.

3. 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, reasons for leaving, the Veteran’s future plans, after-care referrals and connections, and follow up locator information. Due within 48 business hours of Veteran discharge.

4. Contractor shall document any incidents in writing and notify the COR/HCHV program staff of all critical incidents at their facility including death occurring with a Veteran within 24 hours or next business day of being informed or aware of the incident, if not sooner. Once the COR/HCHV program staff is notified of critical incident, the HCHV program staff may determine the need for a written report.

5. Contractor shall secure and provide file plan for veterans’ records associated with care.

Secure shall mean the contractor has implemented physical measures, policies, and procedures to protect the contracted entity’s electronic and physical records, from natural and environmental hazards, as well as unauthorized intrusion pertaining to veterans. File plan shall include at a minimum “location of file”, “date of admission”, and “date of discharge

V. PERFORMANCE OBJECTIVES:

A list of performance objectives and performance thresholds that will be verified by the

COR/HCHV program staff will be identified by the PWS at the time of contract award. The performance objectives and performance thresholds represent the minimum acceptable level of performance. The performance objectives represent the most significant tasks to this contract and do not excuse the contractor from performance of other responsibilities identified in the

PWS.

SECTION C - CONTRACT CLAUSES

C.1 MANDATORY WRITTEN DISCLOSURES

Mandatory written disclosures required by FAR clause 52.203-13 to the Department of Veterans Affairs, Office of Inspector General (OIG) must be made electronically through the VA OIG Hotline at http://www.va.gov/oig/contacts/hotline.asp and clicking on "FAR clause 52.203-13 Reporting." If you experience difficulty accessing the website, call the Hotline at 1-800-488-8244 for further instructions.

C.2 IT CONTRACT SECURITY

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY

1. GENERAL

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

2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

a. A contractor/subcontractor shall request logical (technical) or physical access to VA information and

VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order.

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

Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.

c. Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The

Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security

Service (DSS). Verification of a Security Clearance must be processed through the Special Security

Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness.

d. Custom software development and outsourced operations must be located in the U.S. to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the contractor/subcontractor must state where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S.

may be an evaluation factor.

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

f. Contractor shall secure and provide file plan for veterans’ records associated with care (30 days after contract award). Secure shall mean the contractor has implemented physical measures, policies, and procedures to protect the contracted entity’s electronic and physical records, from natural and environmental hazards, as well as unauthorized intrusion pertaining to veterans. File plan shall include at a minimum “location of file”, “date of admission”, and “date of discharge”.

g. Contractor shall adhere to Records Control Schedule 10-1 dated May 2016 for classification, retention, and disposals of records pertaining to care of veterans utilizing the facility. Contractor shall contact

Contracting Officer and COR prior to disposing of any veterans’ records.

3. VA INFORMATION CUSTODIAL LANGUAGE

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

(1).

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

c. Prior to termination or completion of this contract, contractor/ subcontractor must not destroy information received from VA, or gathered/ created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration

(NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its

Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA

Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract.

d. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or

Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract.

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

f. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal

Acquisition Regulation (FAR) part 12.

g. If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements.

Absent an agreement to use or disclose protected health information, there is no business associate relationship.

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

i. The contractor/subcontractor's firewall and Web services security controls, if applicable, shall meet or exceed VA's minimum requirements. VA Configuration Guidelines are available upon request.

j. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations:

(i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA's prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response.

k. Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38

U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above-mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response.

l. For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require C&A or an MOU-ISA for system interconnection, the contractor/subcontractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the COR.

4. SECURITY INCIDENT INVESTIGATION

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

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

c. With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach.

Notifications need to be made in accordance with the executed business associate agreement.

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

5. LIQUIDATED DAMAGES FOR DATA BREACH

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

b. The contractor/subcontractor shall provide notice to VA of a "security incident" as set forth in the

Security Incident Investigation section above. Upon such notification, VA must secure from a non-

Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination.

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

(1) Nature of the event (loss, theft, unauthorized access);

(2) Description of the event, including:

(a) date of occurrence;

(b) data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code;

(3) Number of individuals affected or potentially affected;

(4) Names of individuals or groups affected or potentially affected;

(5) Ease of logical data access to the lost, stolen or improperly accessed data in light of the degree of protection for the data, e.g., unencrypted, plain text;

(6) Amount of time the data has been out of VA control;

(7) The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons);

(8) Known misuses of data containing sensitive personal information, if any;

(9) Assessment of the potential harm to the affected individuals;

(10) Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy

Incidents, as appropriate; and

(11) Whether credit protection services may assist record subjects in avoiding or mitigating the results of identity theft based on the sensitive personal information that may have been compromised.

d. Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the VA liquidated damages in the amount of $37.50 per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following:

(1) Notification;

(2) One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports;

(3) Data breach analysis;

(4) Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution;

(5) One year of identity theft insurance with $20,000.00 coverage at $0 deductible; and

(6) Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs.

6. SECURITY CONTROLS COMPLIANCE TESTING

On a periodic basis, VA, including the Office of Inspector General, reserves the right to evaluate any or all of the security controls and privacy practices implemented by the contractor under the clauses contained within the contract. With 10 working-days’ notice, at the request of the government, the contractor must fully cooperate and assist in a government-sponsored security controls assessment at each location wherein VA information is processed or stored, or information systems are developed, operated, maintained, or used on behalf of VA, including those initiated by the Office of Inspector General. The government may conduct a security control assessment on shorter notice (to include unannounced assessments) as determined by VA in the event of a security incident or at any other time.

7. TRAINING

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

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

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

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

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

Technology Security Training Requirements.]

b. The contractor shall provide to the contracting officer and/or the COR a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required.

c. Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete.

(End of Clause)

C.3 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.

(…