HCHV SOW 12-5-2024.pdf

STATEMENT OF WORK (SOW) Date: 12/5/2024

Name: Amanda Doemland

Department: SWS-Homeless Department Chief/Supervisor: Kym Grey

1. PURPOSE: This contract is for a Health Care for Homeless Veterans (HCHV) Contracted Residential

Services (CRS). The contractor shall provide CRS for Veterans/Beneficiaries of VISN 20 VA Southern

Oregon Rehabilitation Center and Clinics (SORCC).

2. BACKGROUND: The Veterans Integrated Service Network (VISN) 20 provides a full range of medical services, mental health services and therapeutic housing programs to Veterans in White City, Oregon. Within the VA SORCC catchment area, the Heath Care for Homeless Veterans program provides interim housing to those Veterans requiring an interim step while receiving intensive outpatient services;

addressing issues relating to their homelessness, and while waiting to access permanent housing resources. It is understood that the type of Veterans to be cared for under this contract will normally require care and services over and above the level of room and board. Specific to aging Veterans (over age 50) it is expected that the contractor will assist with light self-care including, but not limited to, offering adult briefs, and providing daily cues for hygiene, self-care, medication, and eating. Homeless Veterans may have ongoing mental illness, depression, schizophrenia, post-traumatic stress disorder (PTSD), and/or substance dependencies. The facilities shall not be used for detoxification, medical respite, or other hospital level treatment. Veterans will receive all medical, mental health medications from the VA or fee- based providers as requested from the Veteran.

3. SERVICES TO BE PROVIDED:

A. Basic Services: The Contractor shall furnish each Veteran who has been approved as eligible by the

VA and admitted for care under this contract with the following basic services:

1. Room and Board: Room and Board shall be accessible to the Veteran 7 days a week and 24 hours per day. Accommodations will include a bed and other furnishings such as a dresser, storage locker and lock or designated locked secured space, and personal linens (towels, pillows, blankets, and bed sheets, etc.). Storage space will accommodate two bags of belongings and all prescribed medical equipment. Should a Veteran abandon his/her belongings, the contractor will make three documented attempts to contact the Veteran before disposing of Veterans items.

2. Nutrition: At least three nutritious meals, 7 days a week will be provided for the Veteran. In addition, there will be availability of snacks of nourishing quality (e.g., fruits, vegetables, protein sources, etc.), between meals and bedtime for those requiring or desiring additional food, even when it is not medically indicated. Contractor will provide alternative meals for Veterans with dietary restrictions if medically indicated (e.g., diabetic, renal, and soft mechanical diets) and reasonable accommodation for Veterans with cultural/religious preferences around food (e.g., Kosher, Halal, etc.). Food shall be prepared, served, and stored under sanitary conditions. The facility shall provide storage space in an onsite refrigerator for Veterans to store and freely access personal food. The facility shall establish and maintain sanitary procedures for washing dishes, cleaning equipment and work areas, and disposing of waste. To support recovery plans, Veterans may be allowed to prepare their own meals with on-site supervision.

3. Laundry: Laundry facilities and necessary detergent free of charge and adequate for residents to do their own laundry or to have laundry done at minimum one time per week. Should a Veteran have difficulty doing his or her own laundry, the facility will provide guidance. Should a Veteran refuse to wash his or her clothes, this will not be grounds for discharge but rather be addressed as a therapeutic opportunity.

B. Therapeutic and Rehabilitative Services: Each Veteran will have a Recovery Plan completed by the

Contractor with input from the Veteran and the VA HCHV staff. Therapeutic and rehabilitative services will be stated in the plan of care. Services which the Contractor must be able to furnish or provide will include:

1. Milieu: The agency will cultivate a milieu of trust and safety. This includes a tolerance for relapses, regression, and personal unpredictability. As a part of the engagement strategy, Veterans will be invited to participate in the activities of everyday life, including meals, chores, recreation activities, and socializing. These activities must maintain a therapeutic significance. Such opportunities will be offered, not required nor demanded and modeled by staff. Veteran's resistance to participate in these activities will not be grounds for discharge.

2. Group activities: Structured group activities, as appropriate, shall occur two times per month -examples include group therapy, life" skills training, social skills training, financial workshops, Alcoholics Anonymous, Narcotics Anonymous, vocational counseling, and physical activities as appropriate. For the purposes of this contract "House Meetings" and VA Housing Resource Groups may not be counted as a structured group activity, these should have a therapeutic value and facilitation shall be the responsibility of the Contractor. Should a Veteran have mental health, medical, family and/or employment obligations which directly conflicts with this requirement alternate group activates will be arranged and/or the Contractor will clearly document efforts made to accommodate the Veteran. Unwillingness to participate in these groups will not be considered grounds for program discharge.

3. VA Coordination: Collaboration and coordination with HCHV program staff, as needed, will include coordination of supportive psychosocial services. Contractor staff will treat VA staff with respect and will work with assigned VA staff to resolve issues around quality of care and contract compliance with respect. Coordinated efforts must be made with the VA HCHV staff around medical, mental health, admission, and discharge needs. Contractor staff will make an active effort to establish relationships with key stakeholders, providers, and partners in VA.

4. Case Management: Interventions will be Veteran-Centered. A thorough assessment of Veteran's psychosocial needs and written Recovery Plan will be developed within 72 business hours of admission for each Veteran. Information from the assessment will be integrated into the Veterans'

Recovery Plan. Recovery Plans will also include an assessment of possible crisis for the Veteran such as harm to self, verbal abuse or acts of violence or any other medical or psychiatric crisis. Staff will take proactive measures to prevent these instances, to avert crisis and keep these incidents at a minimum. Contractor will be proactive to ensure staff are trained in de-escalation techniques. Ongoing

Care Plan Coordination will be expected between the Case Manager and VA HCHV staff. The Case

Manager will be expected to coordinate with the VA HCHV staff to ensure Veterans' goals, as expressed in both the agency and VA HCHV staff intake, are reflected in the Recovery Plan. Every 30

Days the Case Manager, the Veteran, and the VA HCHV staff will meet to review and update recovery plans and discuss discharge date extension requests.

5. Recovery: Support for a healthy lifestyle provided in an environment conducive to social interaction and the fullest development of the resident's rehabilitative potential. Assistance to gain and to apply knowledge of the recovery process in an environment supportive of recovery models including a focus on Harm Reduction rather than strict abstinence and supportive of a Housing First approach. Pursuant to these principles, drug testing may not be used to discharge or discipline a Veteran but may be used as a clinical intervention to modify behavior or assess behavioral issues.

6. Discharge planning: Begins at admission in collaboration with VA HCHV staff. Securing permanent housing will be the primary discharge goal for every Veteran, and resources will be coordinated for discharge to a successful community placement throughout the duration of the Veteran's stay. All discharges will be handled therapeutically. Regardless of the reason for discharge, the same process will occur:

a. Veteran will be involved in the discharge planning process.

b. Veterans must also be in active search and/or apply for independent housing within the first month of admission.

c. Veteran will be provided with clear information regarding the discharge.

d. Contractor will assess Veteran for overall safety and take appropriate action if necessary.

e. If the Veteran does not have a housing plan, contractor staff will arrange for transitional or temporary housing in collaboration with Veteran and VA HCHV staff.

f. Contractor will obtain the Veteran's forwarding address and/or contact phone number and supply to VA staff prior to discharge from the program.

C. Outcomes: The contractor shall focus on the successful completion of residential programming as part of the goal of effectively ending homelessness among Veterans. This will be evidenced by minimizing the number of negative exits/discharges from the housing program. Negative exits are when Veterans are asked to leave the program for rule violations, prior to successful completion of the program.

Quality Assurance Surveillance Plan (QASP)

1. The contractor shall focus on discharging Veterans directly to permanent housing in the community with a target of 50 percent or more discharges to permanent housing.

2. A target of 30 percent or less for Veterans leaving the program with a negative discharge.

3. Bed occupancy> 75%

D. Staffing: The non-VA community-based provider must employ sufficient professional staff and other personnel to carry out the policies and procedures of the program. There will be at a minimum, an employee on duty and available, or residing at the program and available for emergencies, 24 hours a day, 7 days a week. Staff interaction with residents should convey an attitude of genuine concern and caring. Contractor shall provide service for Veteran residents as requested Sunday through Saturday including coverage on recognized Federal Holidays (see below).

New Year's Day Martin Luther King's Birthday President's Day Memorial Day

Juneteenth Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day

Christmas Day

E. Critical Incident Reporting: The Contractor shall be responsible for compliance with following VA policies and procedures regarding incident reporting. 1. Critical Incidents include the following:

(1) medication errors (2) use of seclusion; (3) use of restraint; ( 4) incidents involving injury; ( 5) communicable disease; (6) infection control; (7) aggression or violence; (8) use and unauthorized possession of weapons; (9) wandering; (10) elopement; (11) vehicular accidents; (12) biohazardous accidents; (13) unauthorized use and possession of legal or illegal substances (on premises); (14) abuse;

(15) neglect; (16) suicide and attempted suicide; (17) sexual assault; (18) overdose; (19) other sentinel events.

a. At the time of a critical incidents, the staff at the contract facility will take immediate action to ensure the safety of the Veteran(s). If an event has the potential to place other Veterans, employees, or visitors at risk, staff at the contract facility must act immediately to contain the situation and safeguard those at risk.

b. Critical incidents shall be verbally reported by phone to the VA HCHV staff as soon as possible, no later than the following day from the time of the contract staff learning of the incident. Receipt of a voicemail will not be an acceptable substitution for the verbal notification requirement.

c. A written incident report shall be filed as soon as possible, and no later than 24 hours following the incident either by fax or encrypted email. The filing of an incident report to the VA shall not preclude the contract facility from reporting incidents appropriately to law enforcement, regulatory agencies, nor following its internal reporting procedures.

d. Incident reports will include the following: name(s) of the individuals involved, date/time of incident, description of incident, corrective action initiated (if warranted), report number and contact information of any law enforcement involvement with the incident.

F. Absences and Cancellation: The contractor shall notify the authorizing VA staff of Veteran absences from the facility. 1. Absences of the Veteran from the facility more than forty -eight (48) hours will not be reimbursable except those with the prior approval of the VA HCHV staff. Should a Veteran be referred to a residential treatment facility and not present for admission, the contractor should notify the VA facility coordinator immediately to determine next steps. If a Veteran fails to return to their contracted bed, the contractor should notify the VA HCHV staff by next business day. Payment for services for that Veteran to the contract facility would be continued for a maximum period of two days (48 hours) provided an active outreach attempt on the part of the contract facility staff to return the Veteran to the CRS program is ongoing.

a. VA reserves the right to remove any or all Veterans from the facility at any time without additional cost, when it is determined to be in the best interest of the VA or the Veteran.

b. If a Veteran is admitted to and discharged from the HCHV interim housing on the same day, payment will be made for one day.

G. Admission, Intake and Length of Stay: HCHV Program will ensure that internal admission processes and procedures allow for timely and whenever possible, same-day placement of homeless Veterans into available beds. VA HCHV staff must verity Veteran’s eligibility for program participation within one business day from admission. In the event, that a Veteran is admitted to an HCHV CRS program but subsequently found to be ineligible, the VA HCHV staff must immediately work with the Veteran to secure other placement within available VA or community programs. VA will pay for a maximum of four day from the day of admission to allow the provider and VA HCHV staff time to locate and arrange an alternative placement.

1. Same-day intake

a. Staff must be notified by 3:00 PM with a phone call followed by Columbia Risk Assessment, intake documents to include any accessibility or special needs documents.

b. Intake must be at VRC no later than 4:00 PM coordinated by VA HCHV staff. There may be up to two intakes that can occur on the same day.

c. Veterans who are under the influence of alcohol or drugs will not be admitted for intake. If a

Veteran arrives under the influence, an appointment will be scheduled for intake the following day. If the Veteran arrives under the influence again, they will not be admitted and will be referred to Low Demand Services. Staff will determine “Under the influence” as evidenced by behavior.

2. Screening

a. CRS Contract staff will screen and place the Veteran in HCHV without VA HCHV screening once they have verified the Veteran's eligibility through SQUARES. VA HCHV Liaison will be alerted via email when this process is initiated to place a Veteran. This may occur when there are time constraints or other instances when not feasible to have Veteran seen by VA HCHV staff

(example. Holiday).

b. VA Liaisons will complete their intake process within 72 hours of admission but will prioritize for timeliness.

c. VA Liaison will do their due diligence and refer Veterans to appropriate Programs (Low Demand) if Veterans are deemed actively using them so as not to disrupt the HCHV Program's current residents.

3. HCHV house rules regarding Sobriety and Relapse.

a. Upon admission to the program, veterans are instructed that substance use is not allowed. If a relapse occurs, the veteran should remain out of the house and contact the staff. The staff will then work with the veteran on interventions and their return to the house.

b. If a veteran returns to the house under the influence, bypassing the guidelines, they will be removed and referred to the Homeless Department and Low Demand if a bed is available.

The HCHV interim housing service will need to accommodate ten (10) Veterans for room and board. Services shall be provided as Veteran stabilizes and identifies his next steps. Length of stay will range from 30 to 90 days, depending upon the needs of the Veteran as mutually determined by the Veteran, the contracted residential staff, and VA HCHV staff. A Veteran may be extended for additional time on a case-by-case basis depending on clinically indicated need.

H. Documentation: The Contractor shall provide treatment and discharge planning reflecting a team assessment of health, social and vocational needs and the involvement of the Veteran, the VA staff and appropriate community resources in resolving problems and setting goals. An individual case record will be created for each referred Veteran. The contractor shall make available to the VA, documenta tion information deemed necessary by the VA to conduct utilization review audits for the mandated national evaluation study as required by Section 2 of Public Law 100-6; to verify quality of care for Veterans, to assure confidentiality of care for Veterans, to assure confidentiality of Veteran record information, and to determine the completeness and accuracy of financial records.

The files shall include:

a. Reasons for referral

b. All essential identifying data relevant to the resident and his/her family including a socio -cultural assessment, progress reports or notes, and documentation of any case management interventions or patient care conferences

c. For sites who implement Medication Monitoring- Copies of any medical prescriptions issued by physicians, including orders, if any, for medications to be taken. Contractor must be in compliance with HCHV inspection requirements.

d. Case management notes written in a professional manner (i.e. SMART, SOAP, SNAP) will include the following: 1) A written and thorough Housing Needs Assessment, 2) Financial

Plan, 3) Discharge Plan, and Individual Care Plan with attendant goals and document ed activity indicating Veteran and Case Manager is actively working on identified goals.

e. Final summaries on each resident who leaves the program, to include reasons for leaving, the resident’s future plans, and follow-up locator information.

f. Extension approval if relevant

g. Waivers as appropriate

I. COMPLAINTS HANDLING: The Contracting Officer Representative (COR) shall monitor the service provided. Contractor shall cooperate with the COR in providing information and answering questions in a timely manner when requested. Contractor shall refer complaints received directly from the Veteran(s) to the HCHV Coordinator. All complaints received by the COR and forwarded to the Contractor shall be investigated promptly. After investigation and disposition, Contractor shall respond to the COR within five working days after receipt by the Contractor.

J. TRANSPORTATION: The facility shall assist the Veteran with transportation to scheduled meetings and appointments including information and instructions so that they can utilize public transportation when possible.

4. ADDITIONAL CONTRACT REQUIREMENTS

A. Contractor must pass annual inspections per the HEALTH CARE FOR HOMELESS VETERANS

CONTRACTED PROVIDER INSPECTION FORM (VA Form 10-10115a;

attached in Section D).

B. The contract facility must have a current occupancy permit by the authority having jurisdiction.

C. The contractor shall provide to the VA, HCHV CRS, in accordance with all terms and conditions, provisions and requirements listed herein for the sum listed in the Price/Cost Schedule. This rate is inclusive of all services as may be necessary in the services provided to the Veteran. Unless specifically excluded in this contract, the per diem rate established will include the services listed is this document and will also include all services normally provided other Veterans by the facility without extra charge.

D. If a Veteran is admitted to and discharged from the service facility on the same day, payment will be made for one day.

E. The contractor shall comply with the principles listed in 3 8 CPR 17. 707(b) to provide housing and supportive services in a manner that is free from all forms of discrimination.

F. 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.

5.CONDUCT:

A. The following acts are not permissible by contracting facility staff providing services under this contract or while on facility premises:

1. Use of intoxicating liquors, narcotics, or controlled substances of any kind (excluding doctors' prescriptions which do not impair ability to perform contract) while on duty or reporting for duty while under the influence of liquors, narcotics, or controlled substance of any kind (excluding doctors' prescriptions which do not impair performance).

2. Gambling in any form.

3. Carrying of pistols, firearms, or concealed weapons.

4. Smoking and other uses of tobacco while on duty.

5. Resorting to physical violence to settle a dispute with a fellow employee, Veteran(s), or the general public while on duty.

6. Spitting in prohibited places or any other unsanitary, offensive, or insensitive practices or behavior.

7. Use of loud, indecent, or profane language and/or making threatening or obscene gestures toward

Veteran(s) or other employees.

7. Engaging Veteran(s) in a verbal confrontation to settle a disagreement.

8. Soliciting or accepting tips from Veteran( s ), companions, or others at any time.

6. FACILITY REQUIREMENT

A. Facility shall be equipped with operational air conditioning/heating systems.

B. Facility shall be kept clean, free of dirt, grime, mold, or other hazardous substances and free of damage.

C. Facility shall be equipped with first aid kid, fire extinguisher fully charged non -expired, fire/carbon alarms, evacuation plan in case of emergency.

D. Facility shall have windows and doors that can be opened and closed in accordance with manufactu rer standards.

E. Lockers and/or locked spaces with locks for medication storage; refrigerator for medication storage.

F. VA SORCC will not incur any cost associated with the contractor providing inadequate or faulty equipment.

G. The contract facility must have a current occupancy permit by the authority having jurisdiction .

7.POLICIES

A. It is agreed that the VA readily have access to all records concerning the Veteran's care in the facility.

It is agreed that duly authorized representatives of the VA will provide follow-up supervision visits to

Veterans placed to assure the continuity of care and to assist in the Veteran's transition. It is understood that these visits do not substitute nor relieve the facility in any way of the responsibility for the daily care and treatment of the Veteran. Upon discharge or death of the Veteran, records on all VA beneficiaries will be retained by the facility for a period of at least three years following termination of care at VA expense.

B. The facility shall not accept food stamps or welfare from Veterans.

C. The facility warrants that all applicable fire laws are being complied with and there are no recommendations of fire officials, which have not been resolved.

D. Fire exit routes need to be visible/posted in each residential room and common areas.

E. The VA HCHV staff will assess Veterans for program entry and work in collaboration with contractor for acceptance and program entry dates. Veterans will be homeless and be medically vulnerable and/or fragile

(e.g., chronically mentally ill Veterans whose psychiatric disorder is manifested by chronic alcohol or other drug abuse).

F. Before referring any Veteran, the VA shall have provided the contracted agency with a signed Release of

Information (ROI) from the Veteran applicant as well as that Veteran's clinical assessment, physical and laboratory studies, and confirmation of mental health and substance abuse disorders risk factors.

8. INSPECTION AND ACCEPTANCE

A. It is agreed that the Veterans Affairs (VA) will have right to inspection of the residential Interim Housing properties and all appurtenances by an authorized representative(s) designated by the VA.

B. In the cases of complexes of non-VA community health care facilities, it is imperative that all components of the program be inspected by the VA team prior to award of the contract as is required for an integrated primary site. Each of the community health care facilities identified in the complex as contact recipients will also be subject to the requirement for contracting, safety and record keeping described in other parts of this document as applying to the residential interim housing .

C. The contractor shall be advised of the finding of the inspection team. If deficiencies are noted during any inspection, the facility shall be given a reasonable time to take corrective action and to notify the

Contracting Officer that the corrections have been made. A contract will not be awarded until noted deficiencies have been eliminated.

D. The VA shall monitor the contractor's program and inspect the contractor's facility to ensure compliance with this agreement. Any unsatisfactory conditions noted during an inspection of contract facility shall be reported in writing to the VA Contracting Officer through the Medical Center Director. If corrections are not made to the satisfaction of the VA, the Contracting Officer will consult with the appropriate officials so that suitable arrangements can be made to discharge or transfer Veterans and to terminate the contract.

E. Subsequent inspections of the interim housing program must be made yearly by a multidisciplinary team including such VA Medical Center personnel as the Director considers necessary to assure the facility provides quality care in a safe environment. As the VA program personnel accomplish site visits, attention will be directed to the adequacy of Veterans' records. Site visits will also include a spot check of records to ensure contractor invoices accurately reflect the Veteran's length of stay.

9. SAFETY: The COR will inspect the facility for conformity to the current Life Safety Code and submit to the team and will focus on an assessment of the quality of life within the Interim Housing programs, giving attention to the following factors:

A. General observation of residents indicates that they maintain an acceptable level of personal hygiene and grooming.

B. The facility meets applicable fire, safety, and sanitation standards in attractive surroundings conducive to social interaction and the fullest development of the resident's rehabilitative potential.

C. Veterans are not permitted to bring unauthorized guest into the residential Interim Housing program without permission.

10. INFECTION CONTROL REQUIREMENTS

A. Tuberculosis Testing - All contractor personnel shall provide documentation of a Purified Protein Derivative (PPD) test performed within the past year. In case of a past positive PPD test, a negative chest radiographic report to rule out active tuberculosis shall be provided. The PPD test shall be repeated annually.

B. OSHA Regulation Concerning Occupational Exposure to Bloodborne Pathogens - The contractor shall provide training or a self-study training module to its personnel; provide Hepatitis B vaccination series at no cost to its personnel who elect to receive it; maintain and distribute an exposure determination and control plan to its personnel; maintain required records; and ensure that proper follow-up evaluation is provided following an exposure incident.

C. VA shall notify the Contractor of any significant communicable disease exposures to its employees as appropriate. The Contractor's occupational health provider shall adhere to current CDC/illCPAC

Guideline for Infection Control in health care personnel (AJIC 1998; 26:289 -354) for disease control. If the employees of the contracting agency suffer a communicable disease, the Contractor shall provide follow up documentation of employee's clearance to return to the workplace prior to their return.

11. CONFIDENTIALITY OF PATIENT RECORDS

A. The Contractor is a VA contractor and shall assist in the provision of health care to Veterans seeking such care from or through VA. As such, the Contractor is considered as being part of the Department health care activity. Contractor is a VA contractor for purposes of the Privacy Act, Title 5 U.S.C. 552a.

Further, for VA records access and patient confidentiality

B. Contractor is a VA contractor for the following provisions: Title 38 U.S.C. 5701, 5705, and 7362.

Therefore, Contractor may have access, as would other appropriate components of VA, to patient medical records including patient treatment records pertaining to drug and alcohol abuse, HIV, and sickle cell anemia, to the extent necessary to perform its contractual responsibilities. However, like other components of the

Department, and notwithstanding any other provisions of the contract, the Contractor is restricted from making disclosures of VA records, or information contained in such records, to which it may have access, except to the extent that explicit disclosure authority from VA has been received. The Contractor is subject to the same penalties and liabilities for unauthorized disclosures of such records as VA.

C. The records referred to above shall be and remain the property of VA and shall not be removed or transferred from VA except in accordance with U.S.C.55 la (Privacy Act), 38 U.S.C. 5701 (Confidentiality of claimants' records), 5 U.S.C. 552 (FOIA), 38 U.S.C. 5705(Confidentiality of Medical Quality Assurance

Records) 38 U.S.C. 7332 (Confidentiality of certain medical records) and federal laws, rules, and regulations.

Subject to applicable federal confidentiality or privacy laws, the Contractor, or their designated representatives, and designated representatives of federal regulatory agencies having jurisdiction over

Contractor, may have access to VA 's records, at VA's place of business on request during normal business hours, to inspect and review and make copies of such records.

12. CONTRACTING WITH PARTIES LISTED ON THE OIG LIST OF EXCLUDED

INDIVIDUALS/ENTITIES

A. In accordance with The Health Insurance Portability and Accountability Act (IBP AA) and the

Balanced Budget Act (BBA) of 1977, the Office of inspector General has established a list of parties and entities excluded from Federal health care programs. Specifically, the listed parties and entities may not receive Federal Health Care program payments due to fraud and/or abuse of the Medicare and Medicaid programs.

B. Therefore, all offerors shall review the OIG List of Excluded Individuals/Entities on the OIG web site at www.hhs.gov/oig to ensure that the proposed candidate(s) and/or firm(s) are not listed. Offerors should note that any excluded individual or entity that submits a claim for reimbursement to a Federal health care program, or causes such a claim to be submitted, may be subject to a Civil Monetary Penalty (CMP) of $10,000 for each item or service furnished during a period that the person or entity was excluded and may also be subject to triple damages for the amount claimed for each item or service.

C. CMP's may also be imposed against health care providers and entities that employ or enter contracts with excluded individuals or entities to provide items or services to Federal program beneficiaries.

D. By signing the offer/bid, the Contractor certifies that he/she has reviewed the OIG List of Excluded

Individuals/Entities and that the proposed candidate(s) and/or firm is not listed as of the date the offer/bid was signed.

13. HIPAA COMPLIANCE

A. Contractors and any subcontractors must adhere to the provisions of Public Law 104 -191, Health

Insurance Portability and Accountability Act (HIPP A) of 1996. This includes both the Privacy and

Security Rules published by the Department of Health and Human Services (HHS). As required by

HIPPA, HHS has promulgated rules governing the use and disclosure of protected health information by covered entities. The covered entity component of the Department of Veterans Affairs is the Veterans

Health Administration Business Associate Agreement (BAA) with the VHA.

B. Business associates must follow VHA privacy policies and practices. All contractor and business associates must receive privacy training annually. For contractors and business associates who do not have access to VHA computer systems, this requirement is met by completing VHA National Privacy

Policy training, other VHA approved privacy training or contractor furnished training that meets the requirements of the HHS Standards for Privacy of Individually Identifiable Health Information as determined by VHA. For this contract, the contract project manager will need to be able to show documentation at the annual inspection, that the staff working with Veterans have been educated on the contractors' privacy rules and regulations and are aware of how to protect sensitive health information.

For contractors and business associates who are granted access to the VHA or Department of Veteran

Affairs grounds, this requirement is met by completing VHA National Privacy Policy training or other VHA approved privacy training. Proof of training is required.

14. CONTRACT ADMINISTRATION DATA: The contracting officer is the only person authorized to approve changes or modify any of the requirements under this contract. The contractor shall communicate with the contracting officer on all matters pertaining to contract administration. Only the contracting officer is authorized to make commitments or issue changes which will affect price, quantity, or quality of performance of this contract. In the event the contractor effects any such change at the direction of any person other than the contracting officer, the change shall be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.

15. INVOICING

A. The contractor shall electronically submit an original monthly invoice by the fifteenth (15th) of the month for the previous month's service. Invoices shall cite applicable item numbers from the schedule of supplies and services. Invoices for one-time services shall be submitted upon the completion of the services. Invoices shall only have item number, quantity, and pricing. A separate report will need to be submitted to COR that details Veteran information.

B. Written deliverables and copies of all correspondence requiring a signature shall be sent to the COR and the

CO

C. The VA Fiscal Service Center (V AFSC) requires the following information for the invoice to be considered valid for payment. Invoices without the required information will be returned:

i. Vendor name, invoice number, and date

ii. Remittance address (address where the payment is to be issued)

iii. Station Number, Purchase Order Number (PO#)

iv. Contract number

v. Itemized description of goods or services, quantity, and unit price

vi. Total dollar amount of invoice

vii. Discount or net terms

D. The VAFSC can accommodate electronic funds transfer (EFT) payments and maintains an online

Vendor Inquiry System that allows vendors direct access to payment status. If you are interested in either of those services, please contact our customer support help desk on the VAFSC Vendor web site at http://www.tungstennetwork.com/US/eVeterans-affairs/

16. PRIVACY 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.

1. Citations to pertinent laws, codes and regulations such as 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.

2. Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

3. Contractor shall 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.

4. Contractor shall 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.

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

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

7. 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.

8. 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.].

9. 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.

10. 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 inform.

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.