RFP - 36C26220R0175 Opioid Substituition Treatment Services (2).docx

36C26220R0175

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

10-05-2020 Tashodra Rogers, Contracting Officer 562 766 2246 10-23-2020

3:00PM

00262 Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815

X

621420 $16.5 Million

N/A

Department of Veterans Affairs VA Greater Los Angeles Healthcare System 11301 Wilshire Blvd.

Los Angeles CA 90073 00262 Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815

Department of Veterans Affairs Financial Services Center P.O. Box 149971

Austin TX 78714-9971

Please see enclosed schedule of services and price.

Tashodra Rogers Contracting Officer

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR: Name and Position Title: ____________________________ Company Name: __________________________________ Address: _________________________________________ Telephone: _______________________________________ Email: __________________________________________

b. GOVERNMENT: Tashodra Rogers - Contracting Officer Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815

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

3. INVOICES: Invoices shall be submitted 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:

Page 1 of

B.2 NOTIFICATION TO OFFERORS

1. Offerors shall complete and return all information designated in the enclosed FAR clause 52.212-1, Instructions to Offerors – Commercial Items, paragraph b, prior to the time specified in block 8 of SF1449 in order to be considered for award. Offerors should also reference the enclosed addendum to FAR clause 52.212-1, and 52.212-2 Evaluation – Commercial Items, regarding requirements for proposal submissions. Failure to follow instructions may preclude the offeror from further consideration.

2. Offerors should thoroughly review the specifications and be familiar with the requirements of the solicitation prior to submitting proposals in order to be fully aware of the scope of services required. Failure to do so will not relieve the successful offeror from performing in accordance with the strict intent and meaning of the specifications without additional cost to the Government.

3. INQUIRIES: Direct all inquiries via email only to the Contracting Officer, Tashodra Rogers, at Tashodra.Rogers@va.gov no later than October 13, 2020 by 3:00 PM PST. An amendment will be issued to address all questions on or about October 15, 2020.

4. BACKGROUND. The Veterans Affairs Greater Los Angeles Healthcare System (VAGLAHS) has a requirement for Contract Opioid Substitution Treatment Services for Veteran beneficiaries suffering from substance abuse.

B.3 SCHEDULE OF SERVICES AND PRICE

This is an indefinite delivery, indefinite quantity, (IDIQ) fixed-price contract. Prices in this schedule represent an all-inclusive rate including labor, supervision, facilities, and supplies necessary for the performance of this contract. Costs not incorporated into the contractor’s price will not be reimbursed by the Government.

The guaranteed minimum amount for this contract is $500.00. The maximum aggregate value of the order that can be placed under this contract is $1,000,000.00. The Government does not guarantee that it will place any orders under this contract in excess of the guaranteed minimum amount.

The previous option year pricing will apply to any extension pursuant to FAR 52.217-8

Base Year: January 1, 2021 – December 31, 2021

Price

Option Period One (1): January 1, 2022 – December 31, 2022

Option Period Two (2): January 1, 2023 – December 31, 2023

Option Period Three (3): January 1, 2024 – December 31, 2024

Option Period Four (4): January 1, 2025 – December 31, 2025

B.3 STATEMENT OF WORK (SOW)

1. General Responsibilities.

1.1. Contractor shall provide Commercially available Opiate Substitution Courtesy Dosing, Methadone only, for weekends and Holidays, in accordance with all applicable laws, regulations, and contract terms.

1.2. The contractor shall furnish all facilities, equipment, supplies, management, personnel, training, supervision and labor required for the performance of this contract.

1.3. Contractor facility(s) shall be within Los Angeles County, CA and service provided within a 2.5-mile radius of 351 E. Temple St., Los Angeles, CA 90012 is preferred.

1.4. The contractor shall furnish a valid copy of liability insurance and all required licenses in accordance with FAR clause contained therein, to the VA Contracting Officer before commencing work under this contract. Coverage shall be consistent with commercial standards and the risks associated with the performance of all services required by the contract.

1.5. Contractor shall furnish the services covered by this contract from 7:00 AM to 9:45 AM on weekend days, and from 6:00 AM to 9:00 AM on holidays.

1.6. The Contracting Officer Representative (COR) will evaluate the contractor's performance by using the VA Quality Assurance Surveillance Plan (QASP).

1.7. The Government will provide the contractor the necessary VA referral authorization for each patient assigned, along with approved VA dosing orders.

1.8. The VA will not reimburse the contractor for "no show" Veterans.

2. Functional Responsibilities.

2.1. The contractor's Licensed Vocational Nurse (LVN) or Licensed Psychiatric Technician (LPT) will dispense the weekend/holiday dose of methadone necessary for each patient.

2.2. The Contractor shall contact the VA OTP/Methadone Treatment Program Director or designee each day preceding a weekend or holiday to confirm receipt of the dosing list and orders, and prior to close of business on weekends or holidays will transmit via fax to the VA a report consisting of:

2.2.1. Actual dosing records

2.2.2. A list of no shows and

2.2.3. Any patient medical or behavioral incidents

2.3. The contractor is required to meet with the COR at least quarterly. Meetings will be documented in the COR contract file with written minutes signed by the contractor and COR. Should the contractor not agree with the minutes, such non-concurrence shall be provided in writing to the COR within 10 calendar days after the receipt of the minutes.

2.4. Incidents of behavioral conflict between VA patients and contractor staff, other VA patients, or other non-VA patients will be reported in the weekly report to the COR.

2.5. The contractor shall be responsible for creating, maintaining, and disposing of all required records and reports for performance of this contract. If requested by the Government, the contractor shall provide the original record or a reproducible copy of any such records within five working days of the receipt of request. HIPAA requirements shall be complied with at all times.

2.6. Patient lists shall be treated as privileged information. Lists and/or names of patients shall not be disclosed to or revealed in any way for any use outside the treatment services designated in this contract without prior written permission by the Contracting Officer. The contractor shall comply with HIPAA standards and only release medical information obtained during the course of this contract to other VA or OTA staff involved in the care and treatment of that individual patient or as authorized by VA Release of Information Section.

2.7. If routine services are disrupted for more than three (3) consecutive weeks, the Government reserves the right to procure such services from another source until services are restored by the contractor. When the Government exercises its right to procure these services from another source, the Government will reduce the contractor's invoice at an equivalent amount to that incurred. A copy of the other source's service ticket will be used as the basis for this reduction. The Government will furnish the contractor a copy of this ticket upon the contractor's request.

3. HHS/OIG: to ensure that the individuals providing services under the contract have not engaged in fraud or abuse regarding Section 1128 and 1128 A of the Social Security Act regarding Federal health care programs, the contractor is required to make a monthly check (and keep a record) of the Health and Human Services-Office of the Inspector General (HHS/OIG) list of excluded individuals/entities on the OIG websites (http:www.exclusions.oig.hhs.gov/) and also (http://www.epls.arnet.gov/) for all key staff providing services or having authority under this contract. Further, the contractor is required to certify in its proposal that all persons listed in the contractor's current proposal have been compared against the 010 list and are NOT listed. During the performance of this contract, the contractor is prohibited from using any individual or business listed on the list of excluded individuals/entities and must submit a report to the CO within three business days of a positive result on any check, including resultant action(s) taken by the contractor.

4. EMERGENCY PLAN

4.1. If a veteran is in need of emergency medical care, the Contractor shall call 911 and follow the directions of emergency medical response personnel. The Contractor shall immediately notify by telephone the VA West Los Angeles Medical Center's Medical Administrative Officer of the Day (MAOD: 310-478-3711, ext. 40501) concerning any emergency situations pertaining to VA patients. Report of the incident must be faxed to the COR and the VA Los Angeles Ambulatory Care Center Opiate Treatment Program Director within one (1) business day of occurrence.

4.2. If events are identified as high risk or a significant patient safety issue, the Contractor shall actively participate in the resultant VA Root Cause Analysis Process, holding all facts confidential per the Joint Commission/VA requirements.

5. PERSONNEL & POLICY

5.1. The contractor's employees shall be subject to the same quality assurance standards of a quality meeting or exceeding current recognized national standards as established by CARF, COA, and/or Joint Commission. The contractor shall perform services in accordance with the ethical, professional and technical standards of the healthcare industry. The contractor's employees shall be technically proficient in the skills necessary to fulfill the Government requirements, to include the ability to speak, understand, read and write English fluently.

5.2. The contractor shall assume full responsibility for the protection of its personnel furnishing services under this contract. To carry out this responsibility, the contractor shall provide the following to the personnel:

5.2.1. Worker’s compensation

5.2.2. Professional Liability Insurance

5.2.3. Health examinations

5.2.4. Income Tax Withholdings

5.2.5. Social Security Withholdings

5.3. Payment for any leave, including sick leave or vacation time is considered the responsibility of the contractor. The contractor shall follow all existing local, state, federal and/or union laws/regulations relevant to fringe benefits and premium pay for their employees. Such personnel shall not be considered VA employees for any purpose.

6. ORDERING ACTIVITIES AND OFFICES

6.1. The contractor shall not accept any instructions issued by any other person(s) other than the Contracting Officer or the Contracting Officer Representative acting within the limits of his/her authority. Only those services specified herein are authorized. Before performing any service of a non-contract nature, the contractor shall advise the contracting officer of the reasons for additional work. Changes to the contract may be made only in writing by the Contracting Officer.

6.2. VA shall designate a Contracting Officer Representative (COR) to monitor contractor performance and assist in contract administration. A delegation of authority (DOA) delineating the responsibilities and limitations of the COR shall be provided. Any commitment or changes, which affect the price, quantity, authority to amend, render decision on questions of fact in dispute and related contract administration problems are duties of the contracting officer and cannot be re-delegated.

7. HEALTH REQUIREMENTS

7.1. Contractor certifies that his/her employees have received the following testing/immunizations within the past year and will maintain coverage during the contract period:

7.1.1. Tuberculosis Testing — the PPD test or radiological exam shall be repeated annually

7.1.2. Rubella Testing — all contract personnel shall provide proof of immunization for measles, mumps, rubella, or rubella titer of 1:8 or greater. If the titer is less than 1:0, the rubella immunization must be administered with follow-up documentation to the COR.

7.1.3. Immunizations — for purposes of infection control, all contract employees shall take required immunizations and any health action required by generally accepted public health standards and any immunizations necessitated by any outbreaks in the area/community. Contract personnel will not be allowed to perform duty until immunization documentation is provided to the COR.

7.1.4. Health Restrictions — contract employees shall have no health or physical disability restrictions which interfere with the performance of duties.

8. CONFIDENTIALITY

8.1. Contractor shall maintain its own records at the contractor facility.

8.2. All contractor personnel shall observe the requirements imposed by HIPAA and Federal regulations on protecting the confidentiality of patient information.

9. RELEASE OF MEDICAL INFORMATION

9.1. The contractor shall only release medical information obtained during the course of this contract to other contractor employees or VA employees involved in the care and/or treatment of VA patients on the weekend/holiday dosing list. Patient demographics shall be treated as privileged information. Lists, names, and/or social security numbers of patients shall not be disclosed or revealed in any way, for any use outside the contractor's facility. Any changes to these contract terms must be with prior express written permission of the Contracting Officer.

9.2. Transcribed reports containing personal identifiers, as identified below, when not used as an official document, must be shredded by the contractor.

9.3. The contractor is subject to the provisions of the Privacy Act of 1974 (Public Law 93-579); the comprehensive Alcohol and Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1972 (Public Law 93-282); the Drug Abuse Office and Treatment Act of 1972 (Public Law 93-255); and all other Federal or State statues regarding confidentiality of patient information.

9.4. VA shall be provided access to medical records in the contractor's facility regarding a veteran's dosing under this contract.

10. INVOICE AND PAYMENT

10.1. The Contractor shall submit invoices monthly in arrears. Invoices shall include, at a minimum, the information requested in FAR clause 52.212-4 Contract Terms and Conditions — Commercial Items, paragraph (g) Invoice and any additional details necessary to identify services rendered.

10.2. A Customer Copy of invoice (clearly marked NOT FOR BILLING PURPOSES) with patient data, (e.g.: names, last four digits of SSN or other identification number), dosage administered, date service(s) performed, and unit price for each dose, shall be sent to the COR.

10.3. Invoices submitted for payment shall be reviewed for accuracy, verified against patient records, time records and attendance logs and shall be subject to approval by the Government prior to remittance of payment. Any discrepancies found shall be brought to the attention of the Contractor for resolution. A corrected copy of the invoice must be submitted by the Contractor, as instructed by the Government.

10.4. Invoices shall include all charges for care provided and payment made shall constitute total cost for services rendered. No additional charges are to be billed to the patient, the patient's family, or patients' insurance by the Contractor, the facility or by any other party furnishing services for such care, unless otherwise authorized by the Government.

11. COMMUNICATION

11.1. The contractor shall ensure that his/her employees maintain open and professional communication with members of the VA Greater Los Angeles Healthcare System. Complaints validated by the VAGLAHS Chief of Staff (COS) and Organizational Performance, shall be reported in writing to the CO, and the COR, and forwarded to the contractor for action.

11.2. Failure by the contractor to correct validated complaints in a timely manner, when raised by the VAGLAHS staff and the CO, shall be considered a failure to perform, and if significant, contract default procedures will be initiated by the VA Contracting Officer.

12. CONTRACTOR PERSONNEL SECURITY REQUIREMENTS

12.1. The Office of Security and Law Enforcement provides Department-wide policy on the assignment of appropriate position sensitivity designations associated with Department of Veterans Affairs (VA) positions involving national security and public trust responsibilities, and on the level of background investigations required for applicants for, and incumbents of, those positions.

12.2. JAW VA 0710 Handbook, appointees and contract personnel appointed to Low/Moderate/High Risk positions must be subjects of a background investigation conducted by OPM and receive a favorable adjudication from the VA Office of Security and Law Enforcement to ensure compliance with such policy. If such investigation has not been completed prior to contract commencement, the Contractor shall be responsible for the actions of those individuals performing under the contract.

12.3. Should the contract require Contractor's personnel to maintain U.S. citizenship, the Contractor shall be responsible for compliance. Regardless of U.S. citizenship requirements, Contractor's personnel are required to read, write, speak, and understand the English language, unless otherwise specified in this contract or agreed to by the Government.

12.4. The cost for such investigations shall be borne by the Contractor, either in advance or as reimbursement to the Government. The level of sensitivity shall be determined by the Government on the basis of the type of access required. The level of sensitivity will determine the depth of the investigation and the cost thereof. At this time, the current estimated costs for such investigations are as follows:

LEVEL OF

SENSITIVITY

BACKGROUND

INVESTIGATION LEVEL

APPROXIMATE

COST

12.5. The Contractor shall be required to furnish all applicable employee information required to conduct the investigation, such as, but not limited to, the name, address, and social security number of the Contractor's personnel. The VA will provide all the necessary instructions and guidance for submission of the documents required to conduct the background investigation. Background investigations shall not be required for contract personnel assigned to Low Risk/non-sensitive positions for 180 days or less under a single contract or series of contracts. However, a Security Access Clearance (SAC) background screening will be required for appropriate preliminary checks IAW VA Directive 0710.

13. TIMELINESS

13.1. Contractor’s nurse or psychiatric technician will dose Veteran’s under this contract within 25 minutes of their check-in with the contractor’s staff.

14. THE JOINT COMMISSION AND/OR COA AND/OR CARF GUIDELINES

14.1. The Contractor must perform the required work in accordance with, The Joint Commission and/or CARF and/or COA standards. The Contractor is required to develop and maintain the following documents for each Contractor employee working on the contract:

14.1.1. Credentials and qualifications for the job;

14.1.2. A current competency assessment checklist (an assessment of knowledge, skills, abilities and behaviors required to perform a job correctly and skillfully);

14.1.3. Proof of knowledge and skills required to provide care for certain patient populations, as appropriate;

14.1.4. Current performance evaluation supporting ability of Contractor employee to successfully perform the work required in this solicitation;

14.1.5. Listing of relevant continuing education for the last two years.

14.2. The Contractor will provide current copies of these records annually, to the VA Contracting Officer's Representative (COR), or upon request, for each Contractor employee working on the contract.

15. QUALITY ASSESSMENT STANDARDS

15.1. Non-acceptance of contract personnel does not relieve the Contractor from satisfying and fulfilling the Contract requirements.

15.2. Cost quoted in the contract is all inclusive of all incidental costs. This contract represents a firm-fixed price service contract. Services performed outside the scope of this contract are not authorized and will not be reimbursed by the Government.

16. VETERAN SENSITIVITY

16.1. The Contract health care provider shall respect and maintain the basic rights of veterans, demonstrating concern for personal dignity and human relationships.

16.2. Complaints shall be investigated individually. Contract health care providers receiving more than two (2) verified complaints from COR, Veteran Advocate, HCC, Case Managers or social workers related to sensitivity within any consecutive three (3) month period shall require the contract health care provider to complete a sensitivity training class before continuing to provide services under this contract. Contract health care provider's participation in sensitivity training class shall be the sole responsibility of the Contractor at no expense to the Government. Depending upon the nature and severity of the complaint, the government reserves the right to suspend performance of subject contract health care provider or prohibit performance altogether, as deemed appropriate.

17. CONTRACTOR POINT OF CONTACT

17.1. The Contractor shall designate a Contractor Point of Contact (CPOC) who shall be responsible for the performance of the work under this contract. The liaison shall have full authority to act for the Contractor on all matters relating to the daily operation of this contract. The liaison may be a contract health care provider performing under this contract. An alternate may be designated, but the Contractor shall identify, in writing, those times when the alternate shall act as the liaison.

17.2. Contractor shall provide (CPOC) information prior to contract award. The CPOC may be a provider providing care in accordance with this statement of work. An alternate may be designated, but the contractor shall identify, in writing, those times when the alternate shall be the CPOC. The CPOC or alternate shall be available by telephone, seven days a week, 24-hours per day, including Federal holidays.

18. NATIONAL HOLIDAYS

18.1. Listed below are the ten legal National Holidays:

18.1.1. New Year's Day

18.1.2. Martin Luther King's Birthday

18.1.3. President's Day

18.1.4. Memorial Day

18.1.5. Independence Day

18.1.6. Labor Day

18.1.7. Columbus Day

18.1.8. Veterans Day

18.1.9. Thanksgiving Day

18.1.10. Christmas Day

18.2. When one of the holidays falls on Sunday, the following Monday will be observed as a national holiday. When a holiday falls on a Saturday, the preceding Friday is observed as a national holiday by U.S. Government Agencies. Additionally, any day specifically declared by the President of the United States of America as a National Holiday.

19. DEFINITIONS & ABBREVIATIONS: The following terms, when used in the contract shall be construed and/or interpreted as follows, unless the context expressly requires a different construction and/or interpretation. In the event of a conflict in language between the definitions and the other sections of this contract, the language in specifications shall govern.

19.1. Service location: Any location at which a patient obtain service covered by the contractor pursuant to this contract.

19.2. Subcontract: A contract entered into by the contractor with any other organization or person who agrees to perform any function or service for the contractor specifically related to securing or fulfilling the contractor's obligations to VA under the term of this contract.

19.3. Contracting Officer. Government employee assigned the responsibility of executing, administrating and providing direction on a contract.

19.4. Contracting Officer Technical Representative (COR). Government employee to whom the contracting officer delegates limited authority for certain contractual-related decisions.

19.4.1. Delegation of Authority as outlined in Veterans Acquisition Regulations (VAAR) 801.603-70. In carrying out the responsibilities outlined in the Federal Acquisition Regulations (FAR) the contracting officer may designate another Government contracting officer, or other Government employee to furnish technical guidance and advice or generally supervise work under a Government contract.

19.5. ADTP- Addictive Disorder Treatment Program

19.6. AS1- Addictions Severity Index

19.7. ASAM - American Society of Addiction Medicine

19.8. COA — Council on Accreditation

19.9. CARF - Commission on Accreditation of Rehabilitation Facilities

19.10. HHS/OIG — Health and Human Services/Office of the Inspector General

19.11. FIPPAA - Public Law 104-191, Health Insurance Portability and Accountability Act of 1996

19.12. JCAHO — Joint Commission on Accreditation of Healthcare Organizations

19.13. OTA — Opiate Treatment Agency

19.14. VA OTP — Veterans Affairs Opiate Treatment Program

19.15. QA — VA's Quality Assessment, which periodically checks the contractor's QC program effectiveness in ensuring performance standard are maintained and evaluates performance.

19.16. QC — The contractor's quality control program, which is in place to ensure the quality of contract performance and correct any discrepancies which occur, within need for VA intervention.

20. REGULAR MEETINGS: Quarterly or other increments, as mutually agreed upon between the VA and the Contractor, shall be conducted. More frequent meetings may occur as needed. The Contractor, upon request, shall provide quality data and information related to services provided and participate in the VA's Performance Improvement program when requested to do so.

21. CONFLICT OF INTEREST & ETHICS. The Contractor shall not employ any person who is an employee of the United States Government if the employment of that person who create a conflict of interest. The Contractor shall not employ any person who is an employee of the Department of Veterans Affairs (VA) unless such person seeks and receives approval in accordance with VA Regulations and public law. Nor shall the Contractor employee any person who is a member of the immediate family of a VA employee employed at the VA Health Care System if the employment of that family member would create a conflict of interest or appearance of a conflict of interest, particularly with regard to influencing the contract negotiations, terms of the contract, or the work carried out under the contract. In any such case, the VA must review the matter and give its approval in accordance with agency ethics rules. Contractor shall ensure no violation of ethics occurs between VA staff, VA patients and families of VA staff. Staff shall not accept, solicit, allow or invite gifts, gratuities, sales of items, etc. Any occurrence shall be reported to the COR along with corrective action taken, and the reports will be kept on file for the duration of the contract.

22. MODIFICATIONS AND AMENDMENTS. This agreement outlines the procedures of a healthcare process to be used in the treatment of enrolled VA patients. VA and the Contractor shall work closely with each other to identify and/or clarify any clinical, administrative or quality issues that may arise. The Contracting Officer is the only authority authorized to issue any modification and/or supplemental agreements needed to reflect any changes to which the parties mutually agree.

23. HEALTH AND HUMAN SERVICES-OFFICE OF INSPECTOR GENERAL. To ensure that the individuals providing services under the contract have not engaged in fraud or abuse regarding Sections 1128 and 1128A of the Social Security Act regarding federal health care programs, the contractor is required to check the Health and Human Services- Office of Inspector General (HHS/OIG), List of Excluded Individuals/Entities on the OIG Website (www.hhs.gov/oig) for each person providing services under this contract. Further the Contractor is required to certify in its proposal that all persons listed in the contractor's proposal have been compared against the CMG list and are not listed. During the performance of this contract the Contractor is prohibited from using any individual or business listed on the List of Excluded Individuals/Entities.

24. HIPAA COMPLIANCE. Contractor must adhere to the provisions of Public Law 104.191, Health Insurance Portability and Accountability Act (HIPPA) of 1996 and the National Standards to Protect Privacy and Security of Protected Health Information (PHI). As required by HIPPA, the Department of Health and Human Services (HHS) has promulgated rules governing the security and use disclose of protected health information by covered entities, including the Department of Veterans Affairs (VA). In accordance with 45 CFR 164.502(e), the Privacy Rule includes exceptions to Business Associate Standard. This requirement meets the exception and does not require a Business Associate agreement in order to cover entity to disclose Protected Healthcare Information to a health care provider for treatment.

25. GEOGRAPHIC LOCATION/ACCESSIBLITY. Contractor shall adhere to ADA compliance requirements to enable access for patients using wheelchairs (manual & motorized, as well as other mobility aid devices. Contractor shall provide a map of location to include public transportation availability and "closest bus stops".

26. ACCREDITATION. The Contractor must be accredited in the state of California, by either the Council on Accreditation (COA) or the Commission on Accreditation of Rehabilitation Facilities (CARF) and meet Joint Commission standards.

27. LICENSING

27.1. The Contractor must be licensed and maintain:

27.1.1. Compliance with the California Department of Alcohol and Drug Programs licensing, certification and Drug Medi-Cal Certification requirements.

27.1.2. Compliance with California Department of Mental Health regulations including California Code of Regulations Title IX, Rehabilitative and Developmental Services.

27.1.3. DEA registration for opiate treatment program.

27.1.4. U.S. Dept. of Health & Human Services - Substance Abuse and Mental Health Services Administration (SAMHSA) license.

27.2. Contractor Licensed Vocational Nursing (LVN) staff must:

27.2.1. Hold licensure by the California Board of Vocational Nursing & Psychiatric Technicians and be in assignments within their scope as recognized by that body.

27.2.2. Have at least one-year experience within the scope of this contract

27.2.3. Be trained in Basic Life Support (BLS), (American Heart Association preferred) for all technical and professional staff involved in direct patient care of VA veterans under this contract.

27.3. Contractor Licensed Psychiatric Technician (LPT) staff must:

27.3.1. Hold licensure by the California Board of Vocational Nursing & Psychiatric Technicians and be in assignments within their scope as recognized by that body.

27.3.2. Have at least one-year experience within the scope of this contract.

27.3.3. Be trained in Basic Life Support (BLS), (American Heart Association preferred) for all technical and professional staff involved in direct patient care of VA veterans under this contract.

28. FACILITY

28.1. In accordance with 29 CFR, part 1925, none of the services required by this contract shall be performed in building, surroundings, or under any working conditions provided or controlled by the contractor, that are deemed unsanitary, hazardous, or otherwise dangerous to the health and safety of the contractor's employees or VA beneficiaries. The minimum standards for facilities furnishing Opiate Substitution Treatment Services under this contract shall be those listed in the latest edition of 42 CFR (Code of Federal Regulations) and Life Safety Code (NFPA 101).

28.2. The contractor shall not maintain, nor provide, dual or segregated patient facilities based on race, creed, color, national origin, or religious belief. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by local custom. The term facilities shall include but not be limited to rooms, wards, sections, eating areas, drinking fountains, and entrances. The VA shall have the right to inspect the facility and all appurtenances by authorized representative(s) designated by the VAGLAHS to determine whether acceptable standards are maintained, and adequate care is being rendered.

28.3. Contractor will provide proof of a valid Fire Inspection.

29. SITE INSPECTION

29.1. The purpose of the inspection visit is to ensure the safety and suitability of equipment anticipated to be used for VA patient care.

29.2. The VA Greater Los Angeles Healthcare System may conduct an inspection of facility(s) prior to and any time during the contract performance. The Contractor shall permit on-site visits by VA to assure compliance with contract requirements.

29.3. Contractor shall make all records, accreditations, licenses, documents and/or inspection reports available for VA review at any time.

30. CONTRACT PERFORMANCE MONITORING.

30.1. The contractor's QC on contract performance shall be monitored through a variety of mechanisms. A log will be maintained by the COR and updated in the contract file quarterly, relative to problems or complaints associated with this contract. The log will document what resolution is reached regarding each issue, whether accomplished in a timely manner, and indications of effective contractor QC to avoid repeat occurrences. All measurement of performance will be noted on the COR's annual score card and used to determine award of option years to the contractor.

30.2. At a minimum, the following performance will be reviewed by the VA COR:

30.2.1. Invoices will be routinely checked for overall accuracy and certified by the COR prior to payment, and a detailed audit (this will include a cross check against VA's records of patients approved for treatment and verification of billed charges) of 6% of patients, selected randomly from those processed will be done quarterly for the performance rating. Problems will be reported to the contractor for correction by re-performance.

30.2.2. Contractor will maintain and provide updated copies of insurance, licenses, and accreditations (s). 100% compliance is required.

30.2.3. Contractor shall comply with HIPAA/Privacy Act and also VA patient incident reporting. Instances of failure with minor infractions shall not exceed 2 per quarter.

30.2.4. Contractor will dose VA patients in a timely manner. VA will audit 100% of VA patient electronic records generated by contractor's dispensing equipment/computer software for compliance, on a monthly basis for the first 3 months of the contract, and quarterly thereafter.

30.2.5. VA patients will receive accurate doses of Methadone. VA will audit contractor's calibration documentation, on a monthly basis for the first 3 months of the contract, and quarterly thereafter.

30.2.6. Contractor will document VA patient care received. VA will monitor utilizing indirect observation and 100% weekly review of documentation received for the first 3 months of the contract, and quarterly thereafter.

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount…