S02 - 36C25224Q0126.1.pdf

PAGE 1 OF 1. REQUISITION NO.

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

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

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

None

36C25224Q0126

6. SOLICITATION ISSUE DATE

6-27-2024

Jerri Schuster 414-844-4800 Ext 43244 07-12-2024

12:00 PM CST

36C252

Department of Veterans Affairs

Great Lakes Acquisition Center (GLAC)

115 S 84th Street, Suite 101

Milwaukee WI 53214-1476

X 100

X

541110

$15.5 Million

N/A

X

36C252

See schedule.

36C252

Department of Veterans Affairs

Great Lakes Acquisition Center (GLAC)

115 S 84th Street, Suite 101

Milwaukee WI 53214-1476

Department of Veterans Affairs

Financial Services Center

PO Box 149971

Austin TX 78714-9971

877-353-9791 512-460-5540

See CONTINUATION Page

Guardianship legal services at the Clement J. Zablocki VA

Medical Center (Milwaukee, WI) and the Edward Hines, Jr. VA

Hospital (Hines, IL). One five-year order period with five five pricing periods IDIQ.

See Addendum to 52.212-1.

Projected Pricing Periods:

Pricing Period 1: 8/1/2024 - 7/31/2025 Pricing Period 2: 8/1/2025 - 7/31/2026 Pricing Period 3: 8/1/2026 - 7/31/2027 Pricing Period 4: 8/1/2027 - 7/31/2028 Pricing Period 5: 8/1/2028 - 7/31/2029

$0.00

See CONTINUATION Page

X

X 1

Jim Hedman

VA-VHA-RPOC-2023-0064

36C25224Q0126

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 (continuation from Standard Form 1449)

B.1 PRICE/COST SCHEDULE

ITEM INFORMATION

B.2 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2023)

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

C.3 52.216-18 ORDERING (AUG 2020)

C.4 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.5 52.216-22 INDEFINITE QUANTITY (OCT 1995)

C.6 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.7 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

C.8 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.9 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-

OWNED SMALL BUSINESS EVALUATION FACTORS (JAN 2023) (DEVIATION)

C.10 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (OCT 2019)

C.11 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

C.12 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(NOV 2018)

C.13 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ..33

C.14 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (DEC 2023) (DEVIATION) (JAN 2024)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

BUSINESS ASSOCIATE AGREEMENT BETWEEN THE DEPARTMENT OF

VETERANS AFFAIRS VETERANS HEALTH ADMINISTRATION, Clement J. Zablocki

VAMC, Edward Hines, Jr. VA Hospital, AND

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (SEP 2023)

E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.4 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

E.5 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.6 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

(OCT 2018)

E.7 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.8 VAAR 852.273-70 LATE OFFERS (NOV 2021)

E.9 VAAR 852.273-74 AWARD WITHOUT EXCHANGES (NOV 2021)

E.10 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.11 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA (continuation from Standard Form 1449)

OFFERORS MUST COMPLETE AND RETURN ALL INFORMATION DESIGNATED HEREIN

PRIOR TO THE TIME SPECIFIED IN BLOCK 8 OF SF 1449 IN ORDER TO BE CONSIDERED

FOR AWARD.

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

AMENDMENT NO DATE

1. CONTRACT ADMINISTRATION: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

VENDOR

ADDRESS

CITY, STATE, ZIP

POC NAME, TITLE

PHONE

FAX

E-MAIL

SAM UEI

CAGE CODE

b. GOVERNMENT: JERRI SCHUSTER, CONTRACT SPECIALIST

CONTRACTING OFFICE CODE: 36C252

DEPARTMENT OF VETERANS AFFAIRS

GREAT LAKES ACQUISITION CENTER

115 S. 84TH ST., STE 100

MILWAUKEE WI 53214

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

a. FAR 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER – SYSTEM

FOR AWARD MANAGEMENT (OCT 2018)

3. INVOICES:

a. Invoices shall be submitted upon completion of service in arrears in accordance with: 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(NOV 2018)

b. Payments shall be made in arrears upon receipt of a properly prepared invoice

c. The VA has mandated electronic invoice submission to the Veterans Affairs

Financial Services Center (VAFSC). VAFSC has partnered with Tungsten

Network e-Invoicing network, for submissions of all electronic invoices to VA.

Tungsten Network electronic invoicing is free to all VA vendors. In order to submit electronic invoices, all VA vendors must register with Tungsten Network by submitting an email to VA.Registration@Tungsten-Network.com or calling

1-877-489-6135 for Enrollment.

d. Contractor shall submit an electronic invoice by the tenth (10th) of the following month services were performed to the Veterans Affairs Financial Services Center

(VAFSC) e-Invoice through the website at https://portal.Tungsten-

Network.com/Login.aspx. For questions regarding the submission of VA electronic invoices, Tungsten Network customer service may be contacted at 1-

877-489-6135.

e. All invoices shall reference the vendor name and address, customer name, contract number, appropriate obligation/funding order number, description of services provided, quantity, unit price, and total invoice amount (any additional info). Invoices shall also include any payment discount terms.

4. GOVERNMENT INVOICE ADDRESS (See SF1449 Block 18):

a. All invoices from the contractor shall be submitted electronically in accordance with 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

b. Facsimile, e-mail, and scanned documents are not acceptable forms of submission for payment requests.

c. VA’s Electronic Invoice Presentment and Payment System – The Veterans Affairs Financial Services Center (VAFSC) uses a third-party contractor, Tungsten Network e-Invoice, to transition vendors from paper to electronic invoice submission. Please go to this website: http://www.tungsten-network.com/customer-campaigns/veteransaffairs/ to begin submitting electronic invoices, free of charge.

d. As of July 1, 2020, the VA10091 form has been eliminated and the VAFSC is requiring our vendors to update and add their information in the Customer

Engagement Portal (CEP) at https://www.cep.fsc.va.gov/. This is for new vendors being added to FMS only.

e. For assistance setting up e-Invoice, the below information is provided:

* Tungsten Network e-Invoice Setup Information: 1-877-489-6135

* Tungsten Network e-Invoice email: VA.Registration@Tungsten- Network.com

* FSC e-Invoice Contact Information: 1-877-353-9791

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

5. ACQUISITION OF COMMERCIAL ITEMS:

This Request for Quote (RFQ) solicitation is issued under the authority of FAR Part

13.5 Simplified Procedures for Certain Commercial Items in which simplified acquisition procedures in FAR Part 13 will be used. FAR Part 14 and 15 will not be used. From this RFQ, the Government intends to award a firm fixed price contract where the contractor provides a price that is not subject to any adjustment on the basis of the contractor’s cost experience in performing the contract.

6. CONTRACT MINIMUM AND MAXIMUM:

This is a multiple year Indefinite Delivery, Indefinite Quantity (IDIQ) contract. The guaranteed minimum is $225.00. The contract ceiling amount is $750,000.00.

7. RFQ QUESTIONS:

In order to maintain integrity of this solicitation and subsequent award date, all offerors are advised that any question and answer requests must be submitted in a mailto:VA.Registration@Tungsten-Network.com https://portal.tungsten-network.com/Login.aspx https://portal.tungsten-network.com/Login.aspx http://www.tungsten-network.com/customer-campaigns/veteransaffairs/ http://www.tungsten-network.com/customer-campaigns/veteransaffairs/ https://www.cep.fsc.va.gov/ mailto:VA.Registration@Tungsten-Network.com mailto:VA.Registration@Tungsten-Network.com mailto:vafsccshd@va.gov written form via e-mail to the Contract Specialist, Jerri Schuster, jerri.schuster@va.gov, no later than 7/05/2024 at 12:00 PM LOCAL TIME.

Contracting will issue a consolidated response via solicitation amendment to https://sam.gov Contract Opportunities within 2 business days to all parties.

8. CONTRACTING OFFICER AUTHORITY:

The Contracting Officer is the only person authorized to approve changes or modify any of the requirements under this contract. The Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer is authorized to make commitment or issue changes that will affect price, quantity or quality of performance of this contract. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change shall be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred thereof.

9. IDENTIFICATION, PARKING, SMOKING AND VA REGULATIONS:

a. All VA property is considered Federal property and all Federal laws are applicable.

b. It is the responsibility of the Contractor to park in the appropriate designated parking areas. Information on parking is available from the VA Police Section. The VA will not invalidate or make reimbursement for parking violations of the Contractor under any conditions.

c. All VA facilities are drug free. Possession of drugs, to include Marijuana and all Marijuana bi-products are prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court.

d. All contractor personnel are required to adhere to all VA rules and regulations.

e. Smoking is prohibited on the entire campus, both inside and outside the VA Facility

f. Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court.

g. VHA DIRECTIVE 1192: This Veterans Health Administration (VHA) directive establishes policy and provides guidance for the prevention of seasonal influenza in VHA facilities through the vaccination or masking of health care personnel (HCP). AUTHORITY: Title 38 United States Code (U.S.C.) 7301(b), 7318(b).

Contractor is responsible in ensuring that all aspects of this directive are implemented, including providing face masks and influenza vaccines for all employees working at a VA facility.

mailto:jerri.schuster@va.gov https://sam.gov/

B.1 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM DESCRIPTION

EST

QTY UNIT UNIT PRICE AMOUNT

16.00 EA __________________ __________________

Perm Guardianship/Protective Placement Contract Period: Base Est Ordering Period Begin: 08-01-2024 Est Ordering Period End: 07-31-2025 PRINCIPAL NAICS CODE: 541110 - Offices of Lawyers PRODUCT/SERVICE CODE: R418 - Support - Professional:

Legal

0002 1.00 EA __________________ __________________

Perm Guardianship/Protective Placement/Involuntary Med Adm Contract Period: Base Est Ordering Period Begin: 08-01-2024 Est Ordering Period End: 07-31-2025 PRINCIPAL NAICS CODE: 541110 - Offices of Lawyers PRODUCT/SERVICE CODE: R418 - Support - Professional:

Legal

0003 3.00 EA __________________ __________________

Temp and Perm Guardianship/Protective Placement Contract Period: Base Est Ordering Period Begin: 08-01-2024 Est Ordering Period End: 07-31-2025 PRINCIPAL NAICS CODE: 541110 - Offices of Lawyers PRODUCT/SERVICE CODE: R418 - Support - Professional:

Legal

0004 6.00 EA __________________ __________________

Guardianship of Estate only Contract Period: Base Est Ordering Period Begin: 08-01-2024 Est Ordering Period End: 07-31-2025 PRINCIPAL NAICS CODE: 541110 - Offices of Lawyers PRODUCT/SERVICE CODE: R418 - Support - Professional:

Legal

0005 1.00 EA __________________ __________________

Guardian Ad Litem (GAL) Fee Contract Period: Base Est Ordering Period Begin: 08-01-2024 Est Ordering Period End: 07-31-2025 PRINCIPAL NAICS CODE: 541110 - Offices of Lawyers PRODUCT/SERVICE CODE: R418 - Support - Professional:

Legal

1001 17.00 EA __________________ __________________

Perm Guardianship/Protective Placement Contract Period: Base

Est Ordering Period Begin: 08-01-2025 Est Ordering Period End: 07-31-2026 PRINCIPAL NAICS CODE: 541110 - Offices of Lawyers PRODUCT/SERVICE CODE: R418 - Support - Professional:

Legal

1002 1.00 EA __________________ __________________

Perm Guardianship/Protective Placement/Involuntary Med Adm Contract Period: Base Est Ordering Period Begin: 08-01-2025 Est Ordering Period End: 07-31-2026 PRINCIPAL NAICS CODE: 541110 - Offices of Lawyers PRODUCT/SERVICE CODE: R418 - Support - Professional:

Legal

1003 4.00 EA __________________ __________________

Temp and Perm Guardianship/Protective Placement Contract Period: Base Est Ordering Period Begin: 08-01-2025 Est Ordering Period End: 07-31-2026 PRINCIPAL NAICS CODE: 541110 - Offices of Lawyers PRODUCT/SERVICE CODE: R418 - Support - Professional:

Legal

1004 7.00 EA __________________ __________________

Guardianship of Estate only Contract Period: Base Est Ordering Period Begin: 08-01-2025 Est Ordering Period End: 07-31-2026 PRINCIPAL NAICS CODE: 541110 - Offices of Lawyers PRODUCT/SERVICE CODE: R418 - Support - Professional:

Legal

1005 1.00 EA __________________ __________________

Guardian Ad Litem (GAL) Fee Contract Period: Base Est Ordering Period Begin: 08-01-2025 Est Ordering Period End: 07-31-2026 PRINCIPAL NAICS CODE: 541110 - Offices of Lawyers PRODUCT/SERVICE CODE: R418 - Support - Professional:

Legal

2001 18.00 EA __________________ __________________

Perm Guardianship/Protective Placement Contract Period: Base Est Ordering Period Begin: 08-01-2026 Est Ordering Period End: 07-31-2027 PRINCIPAL NAICS CODE: 541110 - Offices of Lawyers PRODUCT/SERVICE CODE: R418 - Support - Professional:

Legal

2002 1.00 EA __________________ __________________

Perm Guardianship/Protective Placement/Involuntary Med Adm Contract Period: Base Est Ordering Period Begin: 08-01-2026 Est Ordering Period End: 07-31-2027 PRINCIPAL NAICS CODE: 541110 - Offices of Lawyers PRODUCT/SERVICE CODE: R418 - Support - Professional:

Legal

2003 5.00 EA __________________ __________________

Temp and Perm Guardianship/Protective Placement Contract Period: Base Est Ordering Period Begin: 08-01-2026 Est Ordering Period End: 07-31-2027 PRINCIPAL NAICS CODE: 541110 - Offices of Lawyers PRODUCT/SERVICE CODE: R418 - Support - Professional:

Legal

2004 8.00 EA __________________ __________________

Guardianship of Estate only Contract Period: Base Est Ordering Period Begin: 08-01-2026 Est Ordering Period End: 07-31-2027 PRINCIPAL NAICS CODE: 541110 - Offices of Lawyers PRODUCT/SERVICE CODE: R418 - Support - Professional:

Legal

2005 1.00 EA __________________ __________________

Guardian Ad Litem (GAL) Fee Contract Period: Base Est Ordering Period Begin: 08-01-2026 Est Ordering Period End: 07-31-2027 PRINCIPAL NAICS CODE: 541110 - Offices of Lawyers PRODUCT/SERVICE CODE: R418 - Support - Professional:

Legal

3001 19.00 EA __________________ __________________

Perm Guardianship/Protective Placement Contract Period: Base Est Ordering Period Begin: 08-01-2027 Est Ordering Period End: 07-31-2028 PRINCIPAL NAICS CODE: 541110 - Offices of Lawyers PRODUCT/SERVICE CODE: R418 - Support - Professional:

Legal

3002 1.00 EA __________________ __________________

Perm Guardianship/Protective Placement/Involuntary Med Adm Contract Period: Base Est Ordering Period Begin: 08-01-2027 Est Ordering Period End: 07-31-2028 PRINCIPAL NAICS CODE: 541110 - Offices of Lawyers PRODUCT/SERVICE CODE: R418 - Support - Professional:

Legal

3003 6.00 EA __________________ __________________

Temp and Perm Guardianship/Protective Placement Contract Period: Base Est Ordering Period Begin: 08-01-2027 Est Ordering Period End: 07-31-2028 PRINCIPAL NAICS CODE: 541110 - Offices of Lawyers PRODUCT/SERVICE CODE: R418 - Support - Professional:

Legal

3004 9.00 EA __________________ __________________

Guardianship of Estate only Contract Period: Base Est Ordering Period Begin: 08-01-2027 Est Ordering Period End: 07-31-2028 PRINCIPAL NAICS CODE: 541110 - Offices of Lawyers PRODUCT/SERVICE CODE: R418 - Support - Professional:

Legal

3005 1.00 EA __________________ __________________

Guardian Ad Litem (GAL) Fee Contract Period: Base Est Ordering Period Begin: 08-01-2027 Est Ordering Period End: 07-31-2028 PRINCIPAL NAICS CODE: 541110 - Offices of Lawyers PRODUCT/SERVICE CODE: R418 - Support - Professional:

Legal

4001 20.00 EA __________________ __________________

Perm Guardianship/Protective Placement Contract Period: Base Est Ordering Period Begin: 08-01-2028 Est Ordering Period End: 07-31-2029 PRINCIPAL NAICS CODE: 541110 - Offices of Lawyers PRODUCT/SERVICE CODE: R418 - Support - Professional:

Legal

4002 1.00 EA __________________ __________________

Perm Guardianship/Protective Placement/Involuntary Med Adm Contract Period: Base Est Ordering Period Begin: 08-01-2028 Est Ordering Period End: 07-31-2029 PRINCIPAL NAICS CODE: 541110 - Offices of Lawyers PRODUCT/SERVICE CODE: R418 - Support - Professional:

Legal

4003 7.00 EA __________________ __________________

Temp and Perm Guardianship/Protective Placement Contract Period: Base Est Ordering Period Begin: 08-01-2028 Est Ordering Period End: 07-31-2029

PRINCIPAL NAICS CODE: 541110 - Offices of Lawyers PRODUCT/SERVICE CODE: R418 - Support - Professional:

Legal

4004 10.00 EA __________________ __________________

Guardianship of Estate only Contract Period: Base Est Ordering Period Begin: 08-01-2028 Est Ordering Period End: 07-31-2029 PRINCIPAL NAICS CODE: 541110 - Offices of Lawyers PRODUCT/SERVICE CODE: R418 - Support - Professional:

Legal

4005 1.00 EA __________________ __________________

Guardian Ad Litem (GAL) Fee Contract Period: Base Est Ordering Period Begin: 08-01-2028 Est Ordering Period End: 07-31-2029 PRINCIPAL NAICS CODE: 541110 - Offices of Lawyers PRODUCT/SERVICE CODE: R418 - Support - Professional:

Legal

GRAND TOTAL __________________

B.2 DELIVERY SCHEDULE

Clement J. Zablocki VA Medical Center 5000 W National Ave Milwaukee, WI 53295

Edward Hines, Jr. VA Hospital 5000 S 5th Ave Hines, IL 60141

Task Order Process

This is an indefinite delivery, indefinite quantity contract. The rates for legal services/guardian support shall be based on the quote that was submitted at the time of solicitation. At no point will invoices for additional services or fees not on this contract be certified.

The CO will furnish the contractor with the names of individuals delegated OO authority by separate letter upon issuance of the contract or agreement, see VAAR 808.470.

When COs appoint OOs after award, the CO will furnish the contractor with an updated list of individual OOs authorized to place orders against the contract or agreement, see

VAAR 816.570. OOs may not negotiate contract terms and conditions, determine price reasonableness, or determine best value. OOs are responsible for issuing and administering orders placed under the contract or agreement identified in the appointment letter. OOs do not have authority to modify any of the terms and conditions in the contract or agreement. The CO must approve any changes in or deviations from the terms and conditions of the contract or agreement in writing prior to placing orders invoking those terms and conditions. The contractor shall accept orders against the contract or agreement only from the CO or authorized OOs and fulfilling orders from persons other than the CO or OO may result in an unauthorized commitment.

Ordering officers (OOs) will be authorized to place orders under this contract. Fulfilling orders from persons other than the CO or OO may result in loss or delay in payment for supplies/services provided under such orders. Orders will be placed via Electronic Data

Interchange (EDI) if possible. If the vendor cannot set up EDI, specific ordering procedures will be modified into the contract after award.

At no time shall service be rendered without a new signed SF-1449 by the CO for each ordering period year.

Scope of Work for Guardianship Services

Objectives: The purpose of this procurement is to retain a private attorney or law firm

(herein called “contractor”) to provide legal services for legal guardians for in-patient

Veterans lacking decision-making capacity.

Scope: The contractor will:

• Secure appropriate documents as needed and petition the courts for legal guardianship of non-decisional Veterans who are inpatients and otherwise cannot be placed or discharged.

• Assist in identifying a guardian who can best represent the Veterans interest, including corporate guardians, family members, or other responsible parties.

• Tailor guardianships to the individual need of the patient and to be as unrestrictive of the person's rights as possible.

• Work closely with designated Social Work Department to ensure proper patient information is conveyed. (Vendor will have access to patient social security numbers and birth dates in addition to name and possible medical history).

• Make independent judgments and recommendations about whether guardianship is the least restrictive way to meet the need for decision-making support.

• Appear in court if applicable to the case. Ensure that involved health care professionals attend court hearings as needed to support the guardianship.

• Invoice the VA when guardianship process is complete.

• Provide copy of final guardianship documentation to the designated Social Work Department.

Qualifications

• Contractor shall be an active member of the Wisconsin State Bar Association and Illinois State Bar Association in good standing.

• The Contractor shall be regularly established in the business of Guardianship, Special Proceedings regarding Health Care Proxies, and who in the judgment of the Contracting Officer are financially responsible and able to show evidence of their reliability, ability, experience, equipment, facilities, and personnel directly employed or supervised by them to render prompt and satisfactory service.

Cases Pending at Contract Expiration: Cases which are in the possession of the contractor prior to expiration date of this contract shall be completed within the terms and conditions of this contract.

Case Type Descriptions:

LIN Case Type Description

-001 Perm Guardianship/Protective Placement

Guardian is assigned for full authority to place Veteran in a nursing home of the guardian’s choosing and is the person contacted for medical decision making. The limited guardian of person gives the Veteran some capacity to make decision on where he would go (in his case, he discharged to assisted living) and the guardian is able to apply for Medicaid on his/her behalf and set up the payments for assisted living.

-002

Perm Guardianship/Protective Placement/Involuntary Med Adm

Guardian is assigned for full authority to place Veteran in a nursing home of the guardian’s choosing and is the person contacted for medical decision making. Protective placement is requested when a Veteran needs placement in the community (least restrictive - anything from group home to ALF to CNH). So, if they are in the hospital and require placement, are not decisional, or, if the Veteran has a previously established power of attorney for health care indicating they are not to be placed in a long-term care facility, then guardianship with protective placement is sought, allowing the guardian to seek placement and sign them in. Involuntary Med administration is the court mandating the Veteran to take medications.

-003 Temp and Perm Guardianship/Protective Placement

Guardian is assigned for full authority to place Veteran in a nursing home of the guardian’s choosing and is the person contacted for medical decision making on a temporary basis. Temporary guardianship is requested usually when a Veteran needs to be moved to the next level of care quickly, or, if it is thought that the Veteran will regain decisionality soon (i.e., a medical condition will improve). See above for “Perm Guardianship/Protective Placement.”

-004 Guardianship of Estate Only

Guardianship of Estate Only is requested for a court appointed guardian to manage a Veterans “estate,” finances, etc.

-005 Guardian Ad Litem (GAL) Fee

If GAL is required.

This is an RFQ with quantities for each case (i.e., not hourly).

Security and Privacy

Please provide acknowledgement that if contract is awarded to your company that you understand and accept the following security and privacy measurements:

• Your company will be required to sign the VA Rules of Behavior.

• Your company will be required to successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training.

• Contractor must adhere to the provisions of Public Law 104-191, Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the National Standards to Protect the Privacy and Security of Protected Health Information

(PHI).

• The level of background investigation commensurate with the required level of access is low risk (NACI) a Please provide completed Certificates of Investigation.

• Contractor shall have an approved Business Associate Agreement (BAA) with VA. A signed BAA will be required by the time services commence. If the BAA is not signed the VA has the right to terminate the contract in accordance with the terms and conditions of this Contract at no cost to the Government.

HIPAA Compliance

Contractor must adhere to the provisions of Public Law 104-191, Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the National Standards to Protect the Privacy and Security of Protected Health Information (PHI). As required by HIPAA, the Department of Health and Human Services (HHS) has promulgated rules governing the security and use and disclosure of protected health information by covered entities, including the Department of Veterans Affairs (VA). In accordance with HIPAA, the Contractor may be required to enter into a Business Associate Agreement (BAA) with VA.

Confidentiality of Patient Records

The Contractor is a VA Contractor and will assist in the provision of health care to patients seeking such care from or through VA. As such, the Contractor is considered as being part of the Department health care activity. Contractor is considered to be a VA contractor for purposes of the Privacy Act, Title 5 U.S.C. 552a. Further, for the purpose of VA records access and patient confidentiality, Contractor is considered to be a VA contractor for the following provisions: Title 38 U.S.C. 570I, 5705, and 7332. Therefore, Contractor may have access, as would other appropriate components of the VA, to patient medical records including patient treatment records pertaining to drug and alcohol abuse, HIV, and sickle cell anemia, to the extent necessary to perform its contractual responsibilities. However, like other components of the Department, and not withstanding any other provisions of the sharing agreement, the Contractor is restricted from making disclosures of VA records, or information contained in such records, to which it may have access, except to the extent that explicit disclosure authority from VA has been received. The Contractor is subject to the same penalties and liabilities for unauthorized disclosures of such records of the VA.

The records referred to above shall be and remain the property of the VA and shall not be removed or transferred from the VA except in accordance with 5 U.S.C.552a (Privacy Act), 38 U.S.C. 5701 (Confidentiality of claimant's records), 5 U.S.C. 552 (FOIA), 38 U.S.C. 5705 (Confidentiality of Medical Quality Assurance Records) 38 U.S.C. 7332 (Confidentiality of certain medical records) and federal laws, rules and regulations. Subject to applicable federal confidentiality or privacy laws, the Contractor, or their designated representatives, and designated representatives of federal regulatory agencies having jurisdiction over Contractor, may have access to VA 's records, at VA's place of business on request during normal business hours, to inspect and review and make copies of such records.

Contractor Personnel Security Requirements: Background Investigation

NACI (required if order exceeds 180 days and moderate or high risk)

All contractor employees who require access to the Department of Veterans Affairs' Contractors computer systems or have access to sensitive information shall be the subject of a background investigation. The contractor is encouraged to have its employee immediately download the background investigation packet from http://www.va.gov/vabackground investigations upon notification of task order award. A contractor's employee shall not commence working at VA under contract until the Contracting Officer receives notification from the VA Office of Security and Law Enforcement that the contract employee's application was received complete. A favorable adjudication from the VA Office of Security and Law Enforcement must be received in order for a contractor employee to continue contract performance. This requirement is applicable to all subcontractor personnel.

Position Sensitivity - The position sensitivity has been designated as low risk.

Background Investigation - The level of background investigation commensurate with the required level of access is National Agency Check with Written Inquiries (NACI).

The contractor or their employees shall submit a complete background investigation packet through the Electronic Questionnaires for Investigations Process (e-QIP).

Additional guidance and information will be provided through e mail from the VA Office of Security and Law Enforcement.

The following required forms must be submitted through the e-QIP system to the VA Office of Security and Law Enforcement before contract performance begins:

(i) e-QIP Signature Pages (two) (print, sign and submit)

(ii) Optional Form 306, Declaration for Federal Employment

(iii) Electronic Fingerprint Form (FD 258) or electronic fingerprints

Fingerprinting is required with the background investigation. Fingerprinting can be done at the local VA Facility. The Electronic Fingerprint Verification Form must be submitted with the above required forms.

The Contractor shall inform the contract employee that when filling out the application, that there should be no gaps in employment history. Any gaps in employment history may result in OPM rejecting the documentation for investigation and delay contract performance.

The contractor, when notified of an unfavorable determination by the Government, shall withdraw the employee from consideration from working under the contract, and at the request of the VA, submit another employee for consideration.

The contractor may utilize a private investigating agency if such agency possesses an OPM and Defense Security Service certification. A Cage Code number must be provided to the VA Office of Security and Law Enforcement. VA Office of Security and Law Enforcement will verify the information and advise the contracting officer whether contractor's access to the computer systems can be authorized.

All contractor employees and subcontractors are required to complete VA's Privacy training annually. All Contractor employees and subcontractors requiring access to VA computer network are required to complete Cyber Security training courses annually either on-line or hard copy. Documented proof must be provided to the Contracting Officer.

The contractor will notify the COR immediately when their employee(s) no longer require access to VA computer systems.

Government Responsibilities

The CO will request the contractor employee's background investigation by the Office of Security and Law Enforcement.

The Office of Security and Law Enforcement will notify the contractor with instructions for the Contractor's employees, coordinate the background investigations, and notify the contracting officer and contractor of the results of the investigations.

The VA facility will pay for requested investigations in advance. A bill for collection will be sent to the contractor to reimburse the VA facility. The contractor will reimburse the VA facility within 30 days. If timely payment is not made within 30 days from date of bill for collection, then VA shall deduct the cost incurred from the contractors 1st month's invoice(s) for services rendered.

All contractor employees are subject to the same level of investigation as VA employees who have access to VA Sensitive Information. The level of background investigation commensurate with the level of access needed to perform in accordance with the statement of work is: Special Agreement Check (SAC) & National Agency Check with Inquiries (NACI). This requirement is applicable to all subcontractor personnel requiring the same access.

See fees associated with background investigations here: https://www.dcsa.mil/Personnel-

Security/Billing-Rates-Resources/. The SAC fingerprints is $20. This fee is the responsibility of the Contractor and will be billed accordingly.

https://www.dcsa.mil/Personnel-Security/Billing-Rates-Resources/ https://www.dcsa.mil/Personnel-Security/Billing-Rates-Resources/

SECURITY LANGUAGE

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 is 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

Federal Acquisition Regulation (FAR) part 12.

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

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

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

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

j. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA' s prior written approval. The contractor / subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response.

k. Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus.

If the contractor/subcontractor is in receipt of a court order or other requests for the above-mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response.

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

4. SECURITY INCIDENT INVESTIGATION

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

b. To the extent known by the contractor/subcontractor, the contractor/subcontractor's notice to

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

c. With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach. Notifications need to be made in accordance with the executed business associate agreement.

d. In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement. The contractor, its employees, and its subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with

VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident.

5. LIQUIDATED DAMAGES FOR DATA BREACH

a. Consistent with the requirements of38 U.S.C. §5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract.

b. The contractor/subcontractor shall provide notice to VA of a "security incident" as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination.

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

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

(2) Description of the event, including:

(a) date of occurrence;

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

(3) Number of individuals affected or potentially affected;

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

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

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

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

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

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

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

Privacy Incidents, as appropriate; and

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

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

(1) Notification;

(2) One year of credit monitoring services consisting of…