RFP - LCSW - 36C26223R0143 - VALLHS.pdf

PAGE 1 OF 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. UEI: EFT:

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. NOV 2021)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

36C26223R0143 06-20-2023

Melissa Renteria 562-766-2222 07-11-2023

11:00AM PDT

36C262

Department of Veterans Affairs

Network Contracting Office 22

4811 Airport Plaza Drive

Suite 600

Long Beach CA 90815

X 100

X

Y

561320

$30 Million

N/A

X

Department of Veterans Affairs

VA Loma Linda Healthcare System

(VALLHS)

11201 Benton St

Loma Linda CA 92357

36C262

Department of Veterans Affairs

Network Contracting Office 22

4811 Airport Plaza Drive

Financial Services Center

Submit Invoices Electronically to:

www.Tungsten-Network.com

See CONTINUATION Page

This Solicitation is for Licensed Clinical Social Workers at the VA Loma Linda Healthcare System.

This procurement is set aside 100% for SDVOSBs. Only offers from SDVOSBs will be considered for award.

Direct all questions via email to Melissa.Renteria@va.gov no later than 06/27/2023 at 11:00AM PST.

Submit proposal via email to Melissa.Renteria@va.gov

Subject Line: 36C26223R0143_Company Name

Proposal deadline: 07/11/2023 at 11:00AM PST

See CONTINUATION Page

X 1

Michael Kahyai, Contracting Officer

36C26223R0143

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 STATEMENT OF WORK

B.4 IT CONTRACT SECURITY

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (DEC 2022)

C.2 52.216-18 ORDERING (AUG 2020)

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.4 52.216-22 INDEFINITE QUANTITY (OCT 1995)

C.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.6 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ... 34

C.7 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.8 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR

1984)

C.9 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

C.10 VAAR 852.211-76 LIQUIDATED DAMAGES – REIMBURSEMENT FOR DATA

BREACH COSTS (FEB 2023) ALTERNATE I (FEB 2023)

C.11 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR VERIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (NOV 2022)

C.12 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING –

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (NOV 2022)

C.13 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(NOV 2018)

C.14 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) . 41

C.15 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.16 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAR 2023)

C.17 MANDATORY WRITTEN DISCLOSURES

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 WAGE DETERMINATION

D.2 IMMIGRATION AND NATIONALITY ACT OF 1952 – AS AMMENDED

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAR 2023)

E.2 ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL

ITEMS

E.3 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.4 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.5 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

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

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

E.8 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.9 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.10 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

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/UEI:

b. GOVERNMENT: Michael Kahyai, Contracting Officer 36C262

Network Contracting Office 22

4811 Airport Plaza Drive

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, or

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Monthly

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.

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

AMENDMENT NO DATE

B.2 PRICE/COST SCHEDULE

This is an indefinitely delivery, indefinite quantity (IDIQ) contract with fixed-price line items.

Prices in this schedule represent an all-inclusive rate including labor, incidental costs, overhead, and insurance premium payments for applicable insurance coverage. Costs not incorporated into the contractor’s price will not be reimbursed by the Government.

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

The period of performance for the resulting IDIQ contract is estimated to be September 1, 2023, through August 31, 2024. Item information for each contract year is included below.

*The current year pricing will apply to any extension pursuant to FAR 52.217-8*

ITEM INFORMATION

ITEM # DESCRIPTION OF SERVICES QTY UNIT UNIT PRICE AMOUNT

0001 Licensed Clinical Social Workers

(LCSW) - 6 FTE

Base Year 09/01/2023 – 08/31/2024

12,480 HR

1001 LCSW - 6 FTE

Option Year 1 09/01/2024 – 08/31/2025

2001 LCSW - 6 FTE

Option Year 2 09/01/2025 – 08/31/2026

3001 LCSW - 6 FTE

Option Year 3 09/01/2026 – 08/31/2027

4001 LCSW - 6 FTE

Option Year 4 09/01/2027 – 08/31/2028

GRAND

TOTAL

B.3 STATEMENT OF WORK

1. BACKGROUND.

The Contractor shall provide six (6) Full-Time-Equivalent Licensed Clinical Social Workers

(LCSW) in support of the VA Loma Linda Healthcare System (VALLHS) at the main hospital campus at 11201 Benton St. Loma Linda, CA 92357. The Contractor shall provide LCSWs working in the Acute Mental Health Section for Veterans presenting to the VALLHS

Emergency Department, Access Clinic, and the Acute Psychiatric Unit (APU). Contract

LCSWs primary focus shall be on Veteran care.

2. GENERAL REQUIREMENTS.

2.1. Contract LCSWs performance shall be monitored by the Senior Supervisory Social

Worker over the Acute Mental Health Section, who will be an employee on the VALLHS

Leadership will receive regular reports updating on the quality of clinical and administrative services provided by contract LCSWs. Contract LCSWs shall openly participate in consultation with the VA’s designated leads regarding complex situations and ethical and legal matters. The contract LCSWs shall provide direct and indirect services to eligible Veterans including clinical assessments, treatment, and determining priorities requiring independent judgment, improving organizational and communication skills, and shall utilize an interdisciplinary approach in the provision of these services.

2.2. Contract LCSW’s shall be directed to the needs of Veterans confronted with crisis, homelessness, substance abuse, life-threatening illnesses, traumatic losses, chronic diseases, and/or disabilities including chronic mental illness. This includes assessments for possible hospitalization, including 5150 certifications, addressing social and environmental concerns that can cause challenges in participating in treatment or impede the Veteran’s success and healthy living. The contracted LCSW functions within the policies of VALLHS and shall perform the following duties:

2.2.1. The contracted LCSWs will evaluate the Veteran to determine whether acute psychiatric hospitalization is indicated by assessing strengths, limitations, abilities, preferences, risk factors, internal/external supports and service needs.

The contracted LCSWs shall demonstrate an understanding of diagnosis and the range of treatment and skills needed for all adult patients including geriatric patients related to their physical limitations, psychological needs and age associated illnesses and conditions.

2.2.2. The contracted LCSWs shall develop a psychosocial assessment of the

Veteran in collaboration with the interdisciplinary treatment team, the Veteran, family members and significant others. The goal of the assessment is to highlight the Veteran's strengths, limitations, abilities, preferences, risk factors, internal/external supports and service needs in order to optimize the Veteran’s functional status. It is the responsibility of the contracted LCSWs to participate in the treatment planning process with the Veteran and the interdisciplinary treatment team based on this assessment.

2.2.3. The contracted LCSWs will partner with Emergency Department (ED)

Psych Provider to facilitate admission to APU as indicated.

2.2.4. The contracted LCSWs, working with the interdisciplinary treatment team, shall participate in developing a mutually agreed upon treatment plan with the

Veteran and family (when possible), which includes Veteran-centered goals, objectives and interventions.

2.2.5. The contracted LCSWs are subject matter expert on VA and/or community resources. The contracted LCSWs shall provide appropriate resources, based on assessment and expressed needs, to Veterans being discharged home or transferred to another facility.

2.2.6. Throughout the course of treatment, the contracted LCSWs shall collaborate with other service providers in reassessing the Veteran’s needs. The contracted LCSWs is responsible for educating the Veteran and/or caregiver of the available services and assisting them in establishing the appropriate referrals based on the Veteran’s preference or that of the surrogate decision maker.

2.2.7. The contracted LCSWs shall understand the intricacies of bureaucracy and act as an advocate when it serves the best interest of the Veteran/family.

When appropriate, the contracted LCSWs will educate and encourage the

Veteran/family to advocate on their own behalf, thus fostering a sense of independence and empowerment.

2.2.8. The contracted LCSWs is experienced in making rapid assessments and developing crisis management plans for admission to mental health inpatient programs. The contracted LCSWs have access to multiple resources in addition to previously developed resources to meet the demands of a crisis.

2.2.9. The contracted LCSWs shall document, and report suspected cases of abuse within the required timeframe and in conjunction with a discussion with the designated Senior Supervisory Social Worker.

2.2.10. The contracted LCSWs shall provide education related to VA and community resources, entitlements, advance directives/living wills, mental health treatment preferences and shall refer Veterans/families to the appropriate interdisciplinary team member for identified health education needs.

2.2.11. The contracted LCSWs shall review the progress notes from the other providers to accurately determine the strengths and limitations of each Veteran being referred for mental health services. The contracted LCSWs shall educate the

Veteran, family, and team of all options available to them and will collaborate on the preferred option.

2.2.12. The contracted LCSWs shall provide the Veteran and their caregiver with ongoing supportive counseling, and individual, family and group psychotherapy throughout admission/ED visit.

2.2.13. The contracted LCSWs shall complete incident reports, inquiries/controlled correspondences, and reports with the support and guidance of the designated social work lead.

2.2.14. The contracted LCSWs shall perform other ancillary duties as requested by the designated social work lead and/or the Clinical or Administrative Directors.

2.2.15. The contracted LCSWs shall maintain and update resource files in assigned areas of community resource needs such as transportation, meal programs, housing/shelters, adult daycare, support groups, Department of Public

Social Services, extended care facilities, and other resources as required by

VALLHS.

2.2.16. The contracted LCSWs shall document patient-care activities in VALLHS

Medical Records in accordance with Departmental standards and VA policies.

2.2.17. The contracted LCSWs shall comply with the VALLHS Medical Center and Service line directives, procedures, policies, and statistical requirements.

2.2.18. The contracted LCSWs shall possess working knowledge of medical and psychiatric diagnostic treatment and procedural terminology.

2.2.19. The contracted LCSWs shall communicate with staff at other VA facilities and community agencies. With the consent of the Veteran, provide needed medical/psychosocial information to support referrals for continuity of care.

2.3. The VALLHS Senior Supervisory Social Worker or designee shall make the final determination that contracted LCSWs meet qualification standards required for this contract. If a contracted LCSWs is rejected by VALLHS, the Contractor shall be required to propose substitute acceptable personnel. The VALLHS determination is conclusive and not subject to further review through dispute resolution procedures.

3. QUALIFICATIONS.

3.1. The contract LCSWs shall meet the following qualifying criteria:

3.1.1. Hold a master’s degree in social work granted by a graduate program fully accredited by the Council on Social Work Education (CSWE).

3.1.2. Have prior social work experience, preferably in a healthcare facility setting.

3.1.3. Be licensed through the State of California’s Board of Behavioral

Sciences (BBS) at the advanced practice level. License must be current and unencumbered. Proof must be provided prior to the first assignment, and at the licensure renewal date. This also applies to any other required certificates.

3.1.4. Have clear verbal and written communication in English.

3.1.5. Have the ability to use computers for basic word processing functions, e.g., Microsoft Office, Microsoft Excel, etc.

4. LICENSED CLINICAL SOCIAL WORKER WORKLOAD.

4.1. The total number of encounters required for each contracted LCSW per month is at a minimum of 50 and is subject to change due to vacancies, increase in demand for services (increased workload), unanticipated illnesses, and vacation coverage.

5. CREDENTIALING AND PRIVILEDGING REQUIREMENTS.

5.1. Initial applications for clinical privileges shall include credential action history, malpractice history, and complete copies of the below-listed documents. Copies shall be submitted by the Contractor to the VALLHS through the Contracting Officer’s

Representative (COR) for each contracted LCSWs expected to perform under the contract upon and as requested by the Government. Additionally, the Contractor shall make all proposed LCSWs available for interview by the Government during the credentialing process. Required documentation includes:

5.1.1. Copy of valid, current, unrestricted license or certification by the CA

Board of Behavioral Sciences (BBS) to practice as an independent LCSW through the state of California.

5.1.2. Current Advanced Cardiac Live Support (ACLS) or Advanced

Resuscitation Training (ART) certification, if applicable.

5.1.3. A signed consent for release of information.

5.1.4. A copy of the proposed LCSWs curriculum vitae, accompanied by that individual’s affidavit of the truthfulness of the same indicating experience, timing, and technical expertise in the type of care to be rendered.

5.1.5. Certification of current, physical examination for each proposed LCSW.

The certification shall contain a signed statement by the examining physician that the contracted LCSW is free of any contagious diseases. The examination shall comply with public health regulations covering immunization and blood test requirements. Physical examination shall be current within thirty (30) calendar days prior to application for privileges.

5.1.6. Reappointment shall occur no less than every two (2) years, in accordance with VA Handbook 1100.

5.2. Only complete credential applications will be accepted by the Government for processing. Incomplete applications will be returned to the Contractor without action.

5.3. The Contractor shall take specific action including Primary Source Verification, to ensure that proposed contracted LCSW applications contain the required prerequisites for privileging and do not include any disqualifying impediments for privileges at the VA.

This is the sole responsibility of the Contractor and is non-delegable.

6. GOVERNMENT EQUIPMENT.

6.1. The VA will provide government-furnished computers and phonelines.

6.2. The contracted LCSWs will be required to follow rules, regulations, and policies related to using government-furnished information and technology.

6.3. The VA will provide office space and equipment necessary to complete the tasks of the work required for this contract.

7. STANDARD OF CONDUCT.

7.1. The Government reserves the right to refuse acceptance of Contract LCSWs whose personal or professional conduct jeopardizes patient care or interferes with the regular and ordinary operation of the facility. Breaches of conduct include but not limited to intoxication or debilitation resulting from drug use, theft, patient abuse, dereliction, negligence in performing directed tasks, other abuse, or other conduct resulting in formal complaints by patients or staff members to designated Government

Representatives. Standards for conduct shall mirror those prescribed by current Federal

Personnel Regulations.

7.2. Complaints concerning contract personnel’s conduct with Government employees or patients will be dealt with by the Contractor and the COR. The Contracting Officer is the final authority on validating complaints. In the event that contract personnel are involved and named in a validated complaint, the Government reserves the right to refuse acceptance of the services of such personnel. This does not preclude refusal in the event of incidents involving physical or verbal abuse. The final arbiter on questions of acceptability is the Contracting Officer.

8. CONFLICTS OF INTEREST.

8.1. The Contractor shall not employ any person who is an employee of the United States

Government if the employment of that person would create a conflict of interest. The

Contractor shall not employ any person who is an employee of the Department of

Veterans Affairs (DVA) unless such person seeks and receives approval in accordance with the DVA regulations. Nor shall the Contractor employ any person who, as a member, would create a conflict of interest or the appearance of a conflict of interest, particularly with regard to influencing the negotiations or terms of the contract. In any such case, the VA must review the matter and give its approval in accordance with agency ethics rules.

9. CONTRACTOR LIASON.

9.1. The Contractor shall designate one (1) employee as a liaison who shall be responsible for the performance of the work under the resulting contract. The liaison shall have full authority to act for the Contractor on all matters relating to the daily operation of the resulting contract. The liaison may be a contracted LCSW performing under the resulting contract. An alternate may be designated, but the Contractor shall identify, in writing, those times when the alternate shall act as the liaison. Contractor Liaison:

Contractor Liaison:

Phone Number:

Fax Number:

Email:

Alternate Contractor Liaison:

Phone Number:

Fax Number:

Email:

10. EMERGENCIES OR COMPLICATIONS.

10.1. Contract personnel shall report any unusual incidents within 24 hours to the

Senior Supervisory Social Worker or designee.

10.2. Contract personnel shall verbally report all accidents, malfunctions, injuries, and deaths related to the delivery of services immediately to the COR and direct supervisor.

The Contractor may be required to provide evidence of follow-up through a written report of the incident, describing the event, analysis of cause and effect, and corrective action taken. If such a report is requested by the COR, this shall be done within three

(3) working days of the verbal report.

11. ARRANGEMENT FOR REPLACEMENT STAFF.

11.1. The Contractor shall provide scheduled services throughout the contract period.

In the event of the absence of the Contractor’s personnel for any reason, the Contractor shall coordinate an alternate with the COR. The alternate shall be fully credentialed and privileged by the VALLHS credentialing and privileging office prior to performance.

12. ALTERNATE SOURCES.

12.1. If routine services are disrupted for more than two (2) consecutive scheduled shifts or emergency response requests, the Government reserves the right to procure such services from an alternate source, until routine services are restored by the

Contractor. When the Government exercises its right to procure these services from an alternate source, the Contractor shall reimburse the Government for all charges in excess of the amount that would have normally been incurred.

12.2. A copy of the other source’s timesheet or other verifiable documentation shall be used as the basis for any reimbursement. The total amount to be reimbursed will be verified by the COR and deducted from the Contractor’s next month's invoice for services.

13. IDENTIFICATION BADGE.

13.1. An identification (ID) badge will be issued by the VA to contract LCSWs who provide services under the resulting contract. The appropriate ID badge shall be worn at all times while on Government facility grounds and clearly displayed on the outermost garment.

14. GOVERNMENT TRAINING AND ORIENTATION.

14.1. The VA will provide a briefing to familiarize contract personnel with the policies and procedures on the first scheduled duty day or within a period acceptable to the VA.

14.2. The Contractor shall ensure that all contract LCSWs attend and participate in VA or any other mandatory training including but not limited to VA Privacy, VA Rules of

Behavior, VA Cyber Security Diversity, Total Quality Improvement, Annual Fire Safety, and Infection Control.

15. PERSONAL HYGIENE AND CLOTHING.

15.1. In performance of this contract, contract LCSWs shall be neat, clean, well-groomed, and shall exercise good personal hygiene. Appropriate and professional attire shall be worn at all times. Athletic and athletic-style garments (i.e., denim, jogging suits, sweat suits, running shorts, t-shirts, or flip-flops) shall not be worn by contract LCSWs.

Contract LCSWs will be required to comply with VALLHS dress code for social workers.

16. IMMUNIZATION WAIVER/EXEMPTIONS.

16.1. Waivers and exemptions may be granted in accordance with VA guidelines.

17. DRUG SCREENING.

17.1. Contract LCSWs are subject to random drug testing. They are also subject to drug testing when there is a reasonable suspicion that they use or are impaired by illegal drugs while on duty. Reasonable suspicion of drug use or impairment includes, but is not limited, to the following:

17.1.1. Observable phenomena, such as direct observation of drug use, possession, or the physical symptoms of being under the influence of a drug.

17.1.2. A pattern of abnormal conduct or erratic behavior.

17.1.3. Arrest of conviction for drug-related offense or the identification of a contracted LCSW as the focus of a criminal investigation into illegal drug possession, use or trafficking.

17.1.4. Information provided by a reliable and/or credible source or information independently corroborated.

17.1.5. Newly discovered evidence that the contracted LCSW tampered with a drug test.

18. PATIENT SENSITIVITY.

18.1. Contract LCSWs shall respect and maintain the basic rights of patients, demonstrating concern for personal dignity and human relationships.

19. MEDICAL RECORDS.

19.1. The Contractor understands that clinical or other medical records of VA beneficiaries treated by contracted LCSWs under the resulting contract are VA records.

Contract LCSWs who obtain access to hardware or media which may manipulate or store drug or alcohol abuse data, sickle cell anemia treatment records, records or tests or treatment for infection for HIV, medical quality assurance records, or any other sensitive information as defined by the Department of Veteran Affairs (DVA), shall not have access to the records unless absolutely necessary to perform their contractual duties. Any individual who has access to these data shall disclose them to no one, including other employees of the Contractor not involved in the performance of the particular contractual duty for which access was obtained.

20. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA).

20.1. The contracted LCSWs shall ensure its personnel takes all reasonable precautions to safeguard Veteran information from unauthorized access or modification, in both electronic and hard-copy formats. The contracted LCSWs assigned to provide services under the resulting contract agree to take all reasonable precautions to safeguard patient information from unauthorized access or modification, in both electronic and hard-copy formats. This includes not only electronic security measures such as “strong” user passwords on computer systems, but also physical barriers to prevent unauthorized use of computer work-stations; it additionally includes that hard copy Veteran files are stored in secured lockable areas, that files are in lockable cabinets, that the cabinets can, in fact, be locked (i.e., keys are available, and the locking mechanisms work properly), and that reasonable measures are taken to ensure patient privacy and confidentiality. This precaution also includes the proper transfer of patient information via electronic means, such as faxing or system-to-system transmission.

20.2. Contract LCSWs shall make sure no patient information of any type is given to outside parties, agencies, or organizations of any type without the expressed, written consent of the patient and the VA and only in capacities directly related to the provision of the services contracted in this instrument. The contracted LCSWs shall also ensure that only the minimum necessary patient information is used to provide appropriate service to the correct patient. The Contractor is subject to the same penalties and liabilities for unauthorized disclosures of such records as VA personnel.

20.3. The Contractor understands that all parties are bound by the requirements of the

HIPAA which provide guidance on the protection of patient privacy and confidentiality.

This Act mandates that all Government agencies and those bodies with whom they contract must be in compliance with the directives of the Act.

21. QUALITY ASSURANCE AND PERFORMANCE MONITORING.

21.1. The Government will monitor the Contractor’s performance under this contract to ensure compliance. Any incidents as evidenced by the monitoring procedures will be forwarded immediately by the COR to the Contracting Officer. In addition, the COR will forward the summary evaluation of the Contractor’s performance to the Contracting

Officer annually and once performance ends.

21.2. Timeliness and productivity measures will be rated based on productivity and workload reports and the average performance of like peers. Any concerns or negative trends will be immediately reported to the Contracting Officer, along with reports of positive trends and productivity.

21.3. Customer Service will be measured based on documented, substantiated, patient and/or staff complaints or compliments. Any substantiated customer service complaint will be immediately reported by the COR to the Contracting Officer. Reported compliments and positive feedback will also be reported through the Contracting Officer to reinforce this performance.

22. THE JOINT COMMISSION.

22.1. The Contractor’s personnel shall be subject to the same quality assurance standards in meeting or exceeding current recognized National Standards as established by The Joint Commission (TJC). Copies of the quality assurance standards are on file in the VALLHS Quality Management department and will be available to the

Contractor. The Contractor shall perform services in accordance with the ethical, professional, and technical standards of the healthcare industry as consistent with VA policy, regulations, and procedures.

22.2. The personnel provided by the Contractor shall be technically proficient in the skills necessary to fulfill the Government’s requirements, including the ability to speak, understand, read and write English fluently. Contract personnel shall be responsible for compliance with all procedures in accordance with applicable VALLHS written policies, procedures, Bylaws of the Medical Staff, and protocols. Copies of the Bylaws will be available to all Contractor personnel and are located within the Quality Management department. They shall not introduce new procedures or services without prior recommendation and approval of the Chief of Staff (COS) or authorized representative(s) and through the Contracting Officer.

22.3. The Contractor is required to maintain records that document the competence/ performance level of Contractor employees working on the resulting contract in accordance with TJC accreditation and other regulatory body requirements. The

Contractor will provide a current copy of the competence assessment checklist and annual performance evaluation to the COR at the time of award or upon request, for each Contractor employee working on the resulting contract.

23. HEALTH AND HUMAN SERVICES – OFFICE OF INSPECTOR GENERAL (HHS/OIG

REQUIREMENTS)

23.1. To ensure that the individuals providing services under the resulting 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 the resulting 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 OIG list and are NOT listed. During the performance of the resulting contract, the Contractor is prohibited from using any individual or business listed on the List of Excluded Individuals/Entities.

24. EVIDENCE OF INSURANCE COVERAGE.

24.1. Before commencing work under this contract, the Contractor shall furnish certification to the Contracting Officer that the insurance coverage required per VA

Acquisition Regulation (VAAR) 852.237 has been obtained. Such evidence of insurance will not be waived.

25. CONTRACTOR PERSONNEL POLICY.

25.1. The Contractor shall assume full responsibility for the protection of its personnel furnishing services under the resulting contract. To carry out this responsibility, the

Contractor shall provide the following to contracted personnel:

25.1.1. Worker’s compensation

25.1.2. Professional liability insurance

25.1.3. Health examinations

25.1.4. Income tax withholdings

25.1.5. Social Security withholdings

25.2. Payment for any leave, including sick leave or vacation time is considered the sole responsibility of the Contractor. The Contractor shall comply with 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 VALLHS employees for any purpose and shall be considered employees of the Contractor. There is no employer-employee relationship between the VA and the Contractor or the Contractor’s employee(s).

26. COMPUTER SECURITY.

26.1. In the performance of official duties, if the contract LCSWs have regular access to printed and electronic files containing sensitive data that must be protected under the provisions of the Privacy Act of 1974 and other applicable laws, federal regulations, VA statutes and policy, and VHA policy, the contracted LCSWs are responsible for:

26.1.1. Protecting the data from unauthorized release or from loss, alteration, or unauthorized deletion.

26.1.2. Following applicable regulations and instructions regarding access to computerized files, release of access codes, etc., as set out in the access agreement which the contracted LCSWs shall sign.

27. OVERTIME AND HOLIDAY PAY.

27.1. Any overtime and/or holiday pay that may be entitled to the Contractor’s LCSWs shall be the sole responsibility of the Contractor and shall not be billed to, nor reimbursed by, the Government.

28. NATIONAL HOLIDAYS.

28.1. Normal working hours are defined as 8:00 am to 4:30 pm, Monday through

Friday. Normal weekly requirements per Full Time Equivalent (FTE) shall be 40 hours.

Payment for coverage shall be for actual hours worked.

New Year’s Day January 1

Martin Luther King Jr. Day Third Monday in January

President’s Day Third Monday in February

Memorial Day Last Monday in May

Juneteenth June 19

Independence Day July 4

Labor Day First Monday in September

Columbus Day Second Monday in October

Veterans Day November 11

Thanksgiving Day Fourth Thursday in November

Christmas Day December 25

28.2. Listed below are the eleven national holidays:

28.3. When one of the holidays falls on a Sunday, the following Monday shall 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. Also, included would be any day specifically declared by the President of the United States of America as a national holiday.

29. PAYMENTS.

29.1. The Contractor shall accept payment for services rendered under the resulting contract as payment in full. VA beneficiaries shall not under any circumstances be charged nor their insurance companies charged for services rendered by the

Contractor, even if VA does not pay for those services.

30. INVOICE AND PAYMENT.

30.1. Upon verification of services, payment will be authorized by the COR. Payment is to be made monthly in arrears. All invoices from the Contractor shall be submitted in accordance with the instructions per VAAR 852.232-72, Electronic Submission of

Payment Requests. Invoices submitted for payment shall be reviewed for accuracy, verified against time records and attendance logs, and shall be subject to approval by the Government prior to remittance of payment.

30.2. Any discrepancies found will be brought to the attention of the Contractor and shall be resolved. A corrected invoice must then be submitted by the Contractor as instructed by the Government. Patients shall not be invoiced for services. The invoice

MUST be itemized to include the following information:

30.2.1. Name and address of Contractor

30.2.2. Contractor’s tax ID number

30.2.3. LCSW Name

30.2.4. Date and Hours worked

30.2.5. Fees being charged for services rendered

30.2.6. Extended amount due

30.2.7. Invoice number, date, obligation number, and task order number

30.3. Payment for services rendered by the Contractor will be made monthly upon receipt of a proper invoice. When inadequate invoices are received (those lacking any of the essential items listed above), the vendor will be notified in writing within seven (7) calendar days of receipt of such bills, that these bills cannot be processed for payment until a proper invoice is submitted (Prompt Payment Act – Public Law 97-177).

30.4. The itemized invoice shall be verified for certification of the services rendered during the billing period. The COR will certify the Contractor’s invoice for payment of services rendered.

30.5. The Contractor shall access the VA’s Electronic Invoice Presentment and

Payment System. The Financial Service Center (FSC) uses a third-party Contractor, OB10, to transition vendors from paper to electronic invoice submission. Please go to this website: http://www.tungsten-network.com/US/en/veterans-affairs/ to begin submitting electronic invoices, free of charge.

30.6. The contractor shall have a system that conforms to the X12 Electronic Data

Interchange (EDI) formats established by the Accredited Standards Center (ASC) chartered by the American National Standards Institute (ANSI). The X12 EDI Website

(Home | X12).

30.7. The Contractor may contact FSC at the phone number or email address listed below with any questions about the e-invoicing program or OB10:

30.7.1. OB10 e-Invoice Setup Information: 1-877-489-6135

30.7.2. OB10 e-Invoice email: VA.Registration@ob10.com

30.7.3. FSC e-Invoice Contact Information: 1-877-353-9791

30.7.4. FSC e-invoice email: vafsccshd@va.gov

30.8. This provision shall survive the termination or ending of the contract. The

Contractor shall not bill, charge, collect a deposit from, seek compensation, remuneration, or reimbursement from, or have any recourse against, any person or entity other than VA for services provided pursuant to the resulting contract. It shall be considered fraudulent for the Contractor to bill other third-party insurance sources

(including Medicare) for services rendered to Veteran enrollees under the resulting contract.

31. CONTACTOR PERSONNEL SECURITY REQUIREMENTS.

31.1. Position risk and sensitivity Designations. The position sensitivity for the resulting contract has been designated as LOW RISK. Position Risk and Sensitivity Designations are directly tied to background investigative requirements. A position designated as Low

Risk requires a National Agency Check with Inquiries (NACI).

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

31.3. VHA Handbook 0710, Personnel Suitability and Security Program, 0710_D_2018-10-11.pdf, appointees and contract personnel appointed to

Low/Moderate/High-Risk positions must be subjects of a background investigation conducted by the Office of Personnel Management (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.

31.4. The cost for such investigations shall be borne by the Contractor, either in advance or as reimbursement to the Government. The level of sensitivity will be determined by the Government on the basis of the type of access required. The level of sensitivity will determine the depth of investigation and cost.

31.5. 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 one-hundred and eighty (180) days or less under a single contract or series of contracts. However, a

Security Access Clearance (SAC) background screening shall be required for appropriate preliminary checks In Accordance With (IAW) VA Directive 0710, Personnel

Security and Suitability Program, 0710_D_2018-10-11.pdf.

31.6. Security Incident Investigation.

31.6.1. 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 Information Security Officer (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 the system(s) to which the

Contractor/ Subcontractor has access.

31.6.2. 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.

31.7. 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.

B.4 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.

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…