S02 36C25624Q0794_1.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

36C25624Q0794 05-08-2024

Thomas Kovarovic 850-226-1921 05-28-2024

3PM CDT

36C256

Department of Veterans Affairs

Network Contracting Office 16

Central Arkansas Veterans HCS

2200 Fort Roots Drive, Bldg 41, Room 200

North Little Rock AR 72114 1706

X

623220

$19 Million

N/A

X

36C667

Department of Veterans Affairs

Overton Brooks VA Medical Center

510 East Stoner Avenue

Shreveport LA 71101

36C256

Department of Veterans Affairs

Network Contracting Office 16

Central Arkansas Veterans HCS

FSC e-Invoice Payment http://www.fsc.va.gov/fsc/einvoice.asp

Invoice Setup Information 1-877-489-6135 invoice must be submitted electronically

1-877-489-6135

See CONTINUATION Page

The Overton Brooks VA Medical Center has a requirement for residential housing for Substance Use and Disorders Service

(SUDS) program in the Shreveport, LA area.

The period of performance is from 15 June 2024 through

14 June 2029.

This solicitation is being issued as tiered evaluation with the following tiers: (1) SDVOSB concerns, (2) VOSB concerns,

(3) small business concerns with HUBZone small business concerns and 8(a) participants having priority; and (4) large business concerns. If award cannot be made, the solicitation will be cancelled and the requirement resolicited.

The order of priority for awarding contracts to small business concerns is established in 38 U.S.C. § 8127(i).

All questions must be received by 05-17-2024 at 12:00PM CDT

See CONTINUATION Page

X X

Thomas Kovarovic

Contracting Officer

36C25624Q0794

Table of Contents

SECTION A ...................................................................................... Error! Bookmark not defined.

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

AND COMMERCIAL SERVICES ...................................... Error! Bookmark not defined.

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE SCHEDULE

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 (NOV 2023)

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

1984)

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

2022)……………………………………………………………………………………………..35

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

C.9 VAAR 852.211-76 LIQUIDATED DAMAGES – REIMBURSEMENT FOR DATA

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

C.10 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-

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

C.11 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (OCT 2019)

C.12 VAAR 852.219-70 VA SMALL BUSINESS SUBCONTRACTING PLAN MINIMUM

REQUIREMENTS (JAN 2023) (DEVIATION)

C.13 VAAR 852.219-74 VA NOTICE OF TOTAL SET-ASIDE FOR VERIFIED

VETERAN-OWNED SMALL BUSINESSES (NOV 2022)

C.14 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (NOV 2022)

C.15 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(NOV 2018)

C.16 VAAR 852.237-70 INDEMNIFICATION AND MEDICAL LIABILITY INSURANCE

(OCT 2019)

C.17 VAAR 852.237-74 NON-DISCRIMINATION IN SERVICE DELIVERY (OCT 2019)

C.18 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) . 45

C.19 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.20 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (FEB 2024)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (SEP 2023)

E.2 ADDENDUM TO 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (SEP 2023)

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 52.209-7 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 852.209-70 ORGANIZATIONAL CONFLICTS OF INTEREST (OCT 2020) . 69

E.9 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

(OCT 2018)

E.10 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.11 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FEB 1998)

E.12 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.13 ADDENDUM TO 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2021)

E.14 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (FEB 2024)

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:

b. GOVERNMENT: Contracting Officer 36C256

Department of Veterans Affairs

Network Contracting Office 16

Central Arkansas Veterans HCS

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 in Arrears

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

Requests.

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

AMENDMENT NO DATE

B.2 PRICE SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES

ESTIMATED

QUANTITY UNIT UNIT PRICE

ESTIMATED

AMOUNT

6,570.00

EA

Estimated Eighteen Beds (fourteen (14) male and (4) female patients) Substance Use Disorder Services Residential Community-Based Housing.

Estimated18 Veterans X Proposed Rate X 365 Days Contract Period: Base POP Begin: 06-15-2024 POP End: 06-14-2025 PRINCIPAL NAICS CODE: 623220 - Residential Mental Health and Substance Abuse Facilities PRODUCT/SERVICE CODE: G099 - Social - Other

Substance Use Disorder Services Residential Community-Based Housing.

Estimated18 Veterans X Proposed Rate X 365 Days Contract Period: Base POP Begin: 06-15-2025 POP End: 06-14-2026 PRINCIPAL NAICS CODE: 623220 - Residential Mental Health and

Substance Use Disorder Services Residential Community-Based Housing.

Estimated18 Veterans X Proposed Rate X 365 Days Contract Period: Base POP Begin: 06-15-2026 POP End: 06-14-2027 PRINCIPAL NAICS CODE: 623220 - Residential Mental Health and

Substance Use Disorder Services Residential Community-Based Housing.

Estimated18 Veterans X Proposed Rate X 365 Days Contract Period: Base POP Begin: 06-15-2027 POP End: 06-14-2028

PRINCIPAL NAICS CODE: 623220 - Residential Mental Health and

Substance Use Disorder Services Residential Community-Based Housing.

Estimated18 Veterans X Proposed Rate X 365 Days Contract Period: Base POP Begin: 06-15-2028 POP End: 06-14-2029 PRINCIPAL NAICS CODE: 623220 - Residential Mental Health and

EST. GRAND TOTAL

B.3 STATEMENT OF WORK

1. SCOPE

The overall scope is to establish contractual agreement to provide room, board, transportation and other Substance Use and Disorder Services (SUDS) treatment supportive services to patients enrolled in SUDS and deemed eligible for such services as determined by the

Department of Veterans Affairs, Overton Brooks VA Medical Center (OBVAMC), 510 E. Stoner

Ave., Shreveport, LA medical center director or his designee. The period of performance will be from 15 June 2024 through 14 June 2029, a five (5) year fixed price Indefinite Delivery/Indefinite

Quantity (ID/IQ) contract with five (5) 1-Year ordering periods.

BASIC SERVICES: Services shall be furnished to beneficiaries for whom such care is specifically authorized by the Department of Veterans Affairs (DVA). It is understood that the type of patients to be provided services under this contract will normally require services above the level of simple room and board. Residence/Building/Housing is preferred to be within a five-mile radius of hospital for transportation purposes. In the event there is an emergency, proximity is of utter importance. Also, transportation to and from meetings will be more feasible from this central location.

1.1 The contractor shall furnish each veteran authorized care under this contract, with provision of an alcohol and drug free environment, provide introduction to available recovery-based programs, and supportive social activities to enhance current engagement in

Department of Veteran Affairs (DVA) treatment or rehabilitative services. It is further understood that beneficiaries receiving services under this contract shall be provided access to basic health and hygiene maintenance opportunity, monitoring of medication compliance, appliances and materials for laundry needs and any other service or supplies without additional charge.

1.2 The contractor shall provide housing and supportive services free from any religious discrimination.

1.3 The contractor shall provide each Veteran appropriate space and security for themselves and their belongings.

1.4 The per diem rate established will be an all-inclusive rate. The contractor shall have the capability to house a minimum of fourteen (14) male and (4) female patients from the date of contract award.

2. AUTHORITY

The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract.

3. OBJECTIVES

Unless specifically included in this contract, the monthly rate established will include the services listed in this document and will also include all services or supplies normally provided.

by the facility without extra charge.

Contractor to provide beds with a monthly rate based on the negotiated cost for each veteran per bed used. Contractor shall bill only the number of beds that are filled each evening (if a veteran did not occupy the bed for the night, the rate would be pro-rated based on the number of days the veteran resided in the facility, by dividing the monthly rate by the number of days in that month).

The estimated budget covers a five (5) year contract funded by annual (1-Year) ordering periods. The budget estimate is based on historical data and an assessment of future needs.

The contract will not represent a commitment to, or imply funding for, specific option periods or business areas. All option periods and business areas will be authorized and/or funded on an individual basis.

4. REQUIREMENTS

4.1 DIETETIC SERVICES

4.1.1 Patient dietary needs shall be met in accordance with sound medical practice. A minimum of three (3) nutritious meals or their equivalent shall be served daily at regular times with not more than a 14-hour span between evening meal and breakfast of the following day. Between-meal or bedtime snacks of nourishing quality shall be offered.

4.1.2 There shall be evidence that food is prepared, served, and stored under sanitary conditions.

4.1.3 Sanitary procedures shall be established and maintained for washing dishes, cleaning equipment and work areas, and for proper waste disposal.

4.2 TRANSPORTATION: Transportation will be provided to outside Alcoholics Anonymous (AA), Narcotics Anonymous (NA), and Celebrate Recovery meetings a minimum of five (5) times per week. Substance Use Disorder Services (SUDS) will provide the list of required meetings. Veterans will also be provided transportation the first Saturday of each month to attend Intergroup Eating/Speaker Meeting.

Residence/Building/Housing is preferred to be within a five-mile radius of hospital for transportation purposes. In the event there is an emergency, proximity is of utter importance. Also, transportation to and from meetings will be more feasible from this central location.

4.3 MEDICATIONS:

4.3.1. Medications must be distributed by gainfully employed person(s) working within the facility who are not residents. Medications shall not be accessed by patient without staff member present. Medication cabinet and door to medication room shall be always secured.

Patient self-administration of medication shall be supervised with the supervisor maintaining written records of medications taken by patients. Any refusal of medication will be reported during daily morning report to SUDS staff.

4.3.2 Medications and narcotics shall be locked up, stored and controlled properly, and proper issuance upon orders from physician, shall be provided for and recorded. Contractor will maintain medication log, by the appropriate personnel, with both patient and staff signature to ensure patient is receiving/offered medication.

4.3.3 EMERGENCIES

It is agreed that the transitional house will notify the authorizing VA Medical Center immediately when a medical emergency requiring hospitalization occurs. It is agreed that the transitional house will attempt to encourage emergency transport personnel to transport veteran patients to an appropriate VA facility when possible. When such admission to the authorizing facility is not feasible because of the nature of the emergency, it is agreed that hospitalization at a non-federal hospital may be accomplished provided VA authorization is obtained or notification is furnished to the VA within 72 hours after admission. If medical care or hospitalization of a non-emergency nature is required, it is agreed that prompt transportation to a VA Medical Center will be provided by the transitional house.

4.4. FOR VETERANS WHO LEAVE:

The Contractor shall notify SUDS Program Coordinator or designee of absences from the facility. Absences more than forty-eight (48) hours shall not be reimbursable without prior approval by the SUDS Program Coordinator.

4.5 PERFORMANCE BASED SERVICE ASSESSMENTS: The contractor shall comply with all requirements located in the Performance Based Service Assessment located in the

Quality Assurance Surveillance Plan (QASP). The contractor will be assessed per the requirements.

4.6. PHASE IN/PHASE OUT PERIODS: The Contractor shall have personnel on board at time of awarded contract to provide required services to Veterans, minimize any decreases in productivity and to prevent possible negative impacts on additional services. During the phase in period, the contractor must become familiar with performance requirements to commence full performance.

5. SPECIALIZED MEDICAL RESOURCES PROVIDED TO VA MEDICAL CENTER

5.1 The Contractor agrees with the terms and conditions stated herein, to furnish residential treatment services to eligible veterans of the Department of Veterans Affairs, Overton Brooks

VA Medical Center and provide services specified and at the prices specified in the

Price/Cost Schedule.

5.2. The services specified in the PWS may be changed by written modification with mutual agreement of contractor and government.

5.3. Other necessary personnel for the operation of the services contracted for by the

OBVAMC will be provided by Contractor at levels mutually agreed upon which are compatible with the safety of the patient and personnel and with quality medical care programming.

5.4. The contractor shall employ sufficient staff (i.e., numbers and positions) to carry out the responsibilities of this contract.

5.5. The services to be performed by the Contractor will be under the direction of the responsible staff to ensure compliance with the terms of the contract.

5.6. Term of Contract: This contract will go from “date of award” for a five (5) year ordering period. The Government may extend the term of this contract by written notice to the contractor.

5.7. The Contractor as defined herein shall furnish the services covered by this contract. The

Contractor will be required to provide said services on a 24/7 basis.

5.8 It is expressly understood by OBVAMC and Contractor that their responsibilities to one another shall be contingent upon the availability of funds appropriated to VA and that such responsibilities shall be terminated if said funds cease to be available.

5.9. The parties hereto agree that all client/veteran information shall be treated as confidential except between the parties hereto, and to comply with all applicable state and

Federal laws, policies and regulations regarding the confidentiality of information.

5.10. The Contractor understands and agrees that it will maintain and make available any/all books, records, audit working papers, audits, patient records, etc., which are directly relevant to any/all funds received from OBVAMC for at least three fiscal years beyond the end of the current fiscal year or until completion/resolution of any audit issues or questioned costs relative to the current fiscal year, whichever is longer. Said documentation shall be readily available to all appropriate Federal agencies.

5.11. The Contractor understands that this contract cannot be assigned to any person, group, organization, or agency.

5.12. The Contractor understands and agrees that no percentage of this work may be contracted, subcontracted, granted, sub-granted, or otherwise transferred or paid to any other person, entity, or contractor without specific prior written authorization from the

Contracting Officer.

5.13. The Contractor understands and agrees that VA may perform background checks on the Contractor and Contractor employees, agents, volunteers, etc. The Contractor agrees to obtain necessary authorization permitting OBVAMC to perform background checks. The

Contractor further understands and agrees that OBVAMC reserves the right to immediately terminate this contract if it is the sole opinion the safety or well-being of any of its clients/patients is compromised.

5.14. OBVAMC will be liable for payment for only those services provided. If the contract is terminated, payment will be authorized only for those services provided prior to the date of contract termination. Under no circumstances will the OBVAMC be responsible for payment of services received.

5.15. The Contractor agrees, in accordance with the terms and conditions stated herein, to furnish to the Department of Veteran Affairs, Overton Brooks VAMC, 510 East Stoner

Avenue, Shreveport, Louisiana, the services specified and at the prices specified in the Price

Schedule of Contract.

6. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES

6.1. GENERAL: The Contractor shall furnish all supplies, equipment, facilities, and services required to perform work under this contract that are not listed under Section 3 of this SOW.

6.2. STAFFING: There shall exist sufficient staff in numbers and position qualifications to carry out the policies, responsibilities, and programs of the facility. Contractor employees shall not be considered government employees for any purpose. Contractor employees are not under the direct control or supervision of the government. Contract award shall not result in a personal services contract. As minimum, there must be a full-time administrative staff member or designee on duty and on the premises or residing at the house and available for emergencies 24 hours a day, 7 days per week.

6.3. LAUNDRY FACILITIES: Laundry facilities for residents to do their own laundry. Washers and dryer will be provided. If facilities require coinage, this will be provided as well.

6.4. VETERAN RIGHTS: Contractor personnel and volunteers shall be expected to treat referred Veterans with dignity and respect and abide by standards of conduct mirroring those prescribed by current federal personnel regulations. The Contractor shall comply with the VA

Patient's Bill of Rights as set forth in 38 CFR 17.34a (copy available upon request).

6.5. FACILITY

6.5.1. FACILITY MAINTENANCE: It is the responsibility of the Contractor to properly maintain its facilities and the VA shall have no responsibility for paying or reimbursing the Contractor for such expenses. The contract facility must:

6.5.1.1. Have a current occupancy permit issued by the local and state governments in the jurisdiction where the facility is located.

6.5.1.2. Follow existing standards of State safety codes and local, and/or State health and sanitation codes. Be licensed under State or local authority.

6.5.1.3. Be equipped with operational air conditioning /heating systems. Be clean, free of dirt, grime, mold, or other hazardous substances and damaged noticeably distract from the overall appearance.

6.5.1.4. Be equipped with first aid equipment and an evacuation plan in case of emergency.

6.5.1.5. Have windows and doors that can be opened and closed in accordance with manufacturer standards.

6.5.2. FACILITY STANDARDS: The Contractor facility must meet fire safety requirements, as follows:

6.5.2.1. The building must meet the requirements of the applicable residential occupancy chapters of the current version of NFPA 101, National Fire Protection

Association's Life Safety Code. Any equivalencies or variances must be approved by the appropriate Veterans Health Administration Veterans Integrated Service Network

(VISN) Director.

6.5.2.2. All residents in the facility must be mentally and physically capable of leaving the building, unaided, in the event of an emergency.

6.5.2.3. Fire drills must be held at least quarterly. Residents must be instructed in evacuation procedures when the primary and/or secondary exits are blocked. A written fire plan for evacuation in the event of fire shall be developed and reviewed annually. The plan shall outline the duties, responsibilities, and actions to be taken by the staff and residents in the event of a fire emergency. This plan shall be implemented during fire drills.

6.5.2.4. A written policy regarding tobacco smoking in the facility shall be established.

6.5.2.5. Portable fire extinguishers shall be installed at the facility. Use NFPA 10, portable fire extinguishers, as guidance in selection and location requirements of extinguishers.

6.5.2.6. Requirements for fire protection equipment and systems shall be in accordance with NFPA 101. All fire protection systems and equipment, such as the fire alarm system, smoke detectors, and portable extinguishers, shall be inspected, tested, and maintained in accordance with the applicable NFPA fire codes and the results documented.

6.5.2.7. The annual inspection by a VA team shall include a fire and safety inspection conducted at the facility unless a review of past Department of Veterans

Affairs inspections or inspections made by the local authorities indicates that a fire and safety inspection would not be necessary, in which case the fire and safety inspection may be waived by the VA.

6.5.3. CONTRACT HOUSING/ ASSESSMENT OR SURVEYS REQUIREMENTS

6.5.3.1 Access/Availability: An adequate number of slots shall be available in a ready state to accommodate planned admissions.

6.5.3.2 Quality Care: Facility shall meet relevant accreditation standards of Joint

Commission (JC)

6.5.3.3 Patient Safety: All patient safety incidents shall be reported to the SUDS

Program Coordinator within 24 hours of the incident. Patient safety must be investigated, confirmed, and resolved. Updates, findings, and status reports shall be provided at least monthly. The results of patient safety incident investigations, conclusions, findings, and status reports on any corrective actions shall be reported to the SUDS Program

Coordinator. Updates, findings, and status reports shall be provided at least monthly.

6.5.3.4 Patient Satisfaction: Contractor shall assess patient satisfaction and solicits complaints and suggestions regarding the quality of care. Patient satisfaction results are reported to COR on at least a quarterly basis. Issues and complaints requiring more immediate action are brought to SUDS Program Coordinator’s attention within a week.

6.5.4 Extension of Contract Period and Changes to Contract

6.5.4.1 An extension not to exceed six months may be granted only by the Government, with the concurrence of the contractor. Notice of an extension must be served in writing by the Government thirty days prior to the scheduled expiration date. The extension is granted subjected to the availability of funds.

6.5.4.2 The Contracting Officer is the only person authorized to approve changes or modify any of the requirements of this contract. The Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the

Contracting Officer is authorized to make commitments or issue changes that shall affect price, quantity, or quality of performance of this contract.

6.5.4.3 The Contract Officer Representative (COR) will be responsible for the overall technical administration of this contract as outlined in the COR Delegation of Authority.

IN THE EVENT THE CONTRACTOR AFFECTS ANY SUCH CHANGE AT THE DIRECTION

OF ANY PERSON OTHER THAN THE CONTRACTING OFFICER WITHOUT AUTHORITY,

NO ADJUSTMENT SHALL BE MADE IN THE CONTRACT PRICE TO COVER AN

INCREASE IN COSTS INCURRED AS A RESULT THEREOF

7. SUPPLEMENTAL SERVICES

Unless specifically excluded in this contract, the per diem rate established will include the services listed in this document and will also include all services or supplies normally provided other patients by the facility without incurred cost to the Government. It is impossible to determine the exact or estimated amount which will be incurred. Therefore, no obligation will be incurred by the Department of Veterans Affairs under this contract unless a specific authorization for veterans is issued by the VAMC for services rendered in accordance with such authorization upon receipt of proper invoices by the residential treatment center at the completion of each month's service.

8. REFERRALS

8.1 The VA is responsible for determining eligibility of Veterans prior to referral to the Contractor for treatment. The SUDS Program Coordinator or Acting Lead shall identify and refer all patients to the Contractor.

8.2 A list of authorized VA ordering officials for the contract shall be provided to the Contractor upon award of the contract. Ordering officials may be added or deleted from the list during the term of the contract at the discretion of VA Contracting Officer. The Contractor shall be provided an updated list of authorized VA ordering officials whenever such changes are made.

8.3 It is understood that the beneficiary may be provided transitional housing services at the expense of the Department of Veterans Affairs for a period not more than that stated in the length of treatment contracted unless an extension of the authorization is provided in writing by the appropriate Department of Veterans Affairs station.

8.4 Absences of patients from housing facility due to hospitalization or a personal emergency more than 48 hours shall not be reimbursable except with the prior written approval of the

Substance Use Disorder Services Program Coordinator.

9. FACILITY ASSESSMENT

The Contractor’s Facility Is Required to Undergo and Pass Annual Inspection by OBVAMC

Designated Inspection Team.

9.1. It is agreed that the Department of Veterans affairs shall have the right to inspect housing and all appurtenances by an authorized representative(s) designated by the Department of

Veterans Affairs, to determine whether acceptable standards are maintained and that adequate services are being rendered.

9.1. Contract housing will adhere to all applicable fire laws and ensure compliance. There shall be no outstanding recommendations of fire officials which have not been resolved. It is agreed that the Department of Veterans Affairs shall have the right to inspection of housing and all appurtenances by an authorized representative(s) designated by the Department of Veterans

Affairs, to determine whether acceptable safety standards are maintained.

10. HHS/OIG

10.1. To ensure that the individuals providing services under the contract have not engaged in fraud or abuse regarding Sections 1128 and 1128A of the Social Security Act regarding federal health care programs, the Contractor is required to check the Health and Human Services –

Office of Inspector General, List of excluded individuals/entities on the OIG website

(www.hhs.gov/oig) for each person providing services under the contract.

10.2. Further the Contractor is required to certify in its quote that all persons listed in the

Contractor’s quote have been compared against the OIG list and are not listed. During the performance of this contract the Contractor is prohibited from using any individual or business listed on the List of Excluded Individual/Entities.

11. TORT CLAIMS

Contractor employees are not covered by the Federal Tort Claims Act. When a Contractor employee has been identified as a provider in a tort claim, the Contractor employee is responsible for notifying the Contractor’s legal counsel and/or insurance carrier along with the

Contracting Officer. Any settlement or judgment arising from a contractor employee’s action or non-action is the responsibility of the Contractor and/or insurance carrier.

12. RECORD KEEPING

12.1 The Program Office shall establish and maintain a record keeping system that will record the services performed by the Contractor's employee(s). Any incidents of Contractor non-compliance as evidenced by the monitoring procedure shall be forwarded immediately to the

Contracting Officer.

12.2 Documentation of services performed shall be reviewed prior to certifying payment. The

Program Office shall pay for services performed and in strict accordance with Schedule of

Supplies/Services above. Contract monitoring and record-keeping procedures shall be sufficient to ensure proper payment and allow audit verification that services were provided.

13. HIPAA COMPLIANCE

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

Insurance Portability and Accountability Act (HIPAA) of 1996. This includes both Privacy and

Security Rules published by the Department of Health and Human Services (HHS). As required by HIPAA, HHS has promulgated rules governing the use and disclosure of protected health information by covered entities. The covered entity component of VA is the Veterans Health

Administration (VHA). In accordance with HIPAA, the Contractor may be required to enter into a Business Associate Agreement (BAA) with VHA.

14. GOVERNMENT EVALUATION

14.1. The Government shall evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government must do to ensure that the Contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

14.2. The Contracting Officers Representative (COR) shall provide quarterly monitoring of such items as quality of service, timeliness of performance, customer service, cost control, and business relations supporting documentation. The COR will provide vendor with feedback regarding problems with quality or performance as monitoring indicates is appropriate.

15. SCHEDULE-SUPPLIES OR SERVICES

Substance Use Disorder (SUD) Contractor will provide transportation, meals, room, and board, for outpatient detoxification and rehabilitation patients in accordance with statement of work and all terms, conditions, and provisions of this contract. Payments will be made monthly, in arrears upon receipt of a proper invoice at the office designated to receive the invoice. The daily rate (cost of patient per day) is an all-inclusive rate, and no other payment will be made for services provided.

The number of patient days is an estimate of the number of Overton Brooks VA Medical Center’s patients’ times the number of days each patient will be in the contractor’s facility. This is not a guaranteed number, and the contractor will be paid for only the actual number of patients receiving service up to the amount of contract funding.

16. ACCESS TO PROTECTED HEALTH INFORMATION

In performance of official duties, the Contractor shall have regular access to printed and electronic files containing sensitive data, which shall be protected under the provision of the Privacy Act of

1974 (5 U.S.C. 552a), and other applicable laws, Federal Regulations, Veterans Affairs statutes, and policies. The Contractor is responsible for protecting that data from unauthorized release or from loss, alteration, or unauthorized deletion, and for following all applicable regulations and instructions regarding access to computerized files, release of access codes, etc., as set out in a computer access agreement which the Contractor should have on file each employee to include employee’s acknowledgement and signature. See Section C, VAAR Clause 852.273-75 for further information regarding information technology security requirements.

16.1 SUBPART 839.2 – INFORMATION AND INFORMATION TECHNOLOGY SECURITY

REQUIREMENTS

839.201 Contract clause for Information and Information Technology Security:

16.8.1 Due to the threat of data breach, compromise or loss of information that resides on either VA-owned or contractor-owned systems, and to comply with Federal laws and regulations, VA has developed an Information and Information Technology Security clause to be used when VA sensitive information is accessed, used, stored, generated, transmitted, or exchanged by and between VA and a contractor, subcontractor or a third party in any format.

(e.g., paper, microfiche, electronic or magnetic portable media).

16.8.2 In solicitations and contracts where VA Sensitive Information or Information Technology will be accessed or utilized, the CO shall insert the clause found at 852.273-75, Security

Requirements for Unclassified Information Technology Resources.

16.9 SECURITY REQUIREMENTS FOR UNCLASSIFIED INFORMATION TECHNOLOGY

RESOURCES (INTERIM- OCTOBER 2008)

As prescribed in 839.201, the contractor, their personnel, and their subcontractors shall be subject to the Federal laws, regulations, standards, and VA Directives and Handbooks regarding information and information system security as delineated in this contract.

16.10 REFERENCES

16.10.1 VA Affairs Handbook 6500, Risk Management Framework for VA Information Systems

– Tier 3: VA Information Security Program, 10 Mar 2015.

16.10.2 Veteran Health Administration Procurement Manual (VHA PM) – 11/3/2014.

16.10.3 VA Handbook 1901.01, Health Information Management and Health Records – 19 Mar

15.

16.10.4 VHA Handbook 1605.5, Business Associate Agreements – 22 July 2014

16.10.5 Privacy Act of 1974 (5 U.S.C. 552a).

(END OF STATEMENT OF WORK)

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 Federal Acquisition Regulation (FAR) part 12.

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

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

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

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

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

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

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

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

4. INFORMATION SYSTEM DESIGN AND DEVELOPMENT

a. Information systems that are designed or developed for or on behalf of VA at non-VA facilities shall comply with all VA directives developed in accordance with FISMA, HIPAA, NIST, and related VA security and privacy control requirements for Federal information systems. This includes standards for the protection of electronic PHI, outlined in 45 C.F.R. Part 164, Subpart

C, information and system security categorization level designations in accordance with FIPS

199 and FIPS 200 with implementation of all baseline security controls commensurate with the

FIPS 199 system security categorization (reference Appendix D of VA Handbook 6500, VA

Information Security Program). During the development cycle a Privacy Impact Assessment

(PIA) must be completed, provided to the COR, and approved by the VA Privacy Service in accordance with Directive 6507, VA Privacy Impact Assessment.

b. The contractor/subcontractor shall certify to the COR that applications are fully functional and operate correctly as intended on systems using the VA Federal Desktop Core Configuration

(FDCC), and the common security configuration guidelines provided by NIST or the VA. This includes Internet Explorer 7 configured to operate on Windows XP and Vista (in Protected Mode on Vista) and future versions, as required.

c. The standard installation, operation, maintenance, updating, and patching of software shall not alter the configuration settings from the VA approved and FDCC configuration. Information technology staff must also use the Windows Installer Service for installation to the default

"program files" directory and silently install and uninstall.

d. Applications designed for normal end users shall run in the standard user context without elevated system administration privileges.

e. The security controls must be designed, developed, approved by VA, and implemented in accordance with the provisions of VA security system development life cycle as outlined in NIST

Special Publication 800-37, Guide for Applying the Risk Management Framework to Federal

Information Systems, VA Handbook 6500, Information Security Program and VA Handbook

6500.5, Incorporating Security and Privacy in System Development Lifecycle.

f. The contractor/subcontractor is required to design, develop, or operate a System of Records

Notice (SOR) on individuals to accomplish an agency function subject to the Privacy Act of

1974, (as amended), Public Law 93-579, December 31, 1974 (5 U.S.C. 552a) and applicable agency regulations. Violation of the Privacy Act may involve the imposition of criminal and civil penalties.

g. The contractor/subcontractor agrees to:

(1) Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies:

(a) The Systems of Records (SOR); and

(b) The design, development, or operation work that the contractor/ subcontractor is to perform;

(1) Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the redesign, development, or operation of a

SOR on individuals that is subject to the Privacy Act; and

(2) Include this Privacy Act clause, including this subparagraph (3), in all subcontracts awarded under this contract which requires the design, development, or operation of such a

SOR.

h. In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a SOR on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a SOR on individuals to accomplish an agency function. For purposes of the Act, when the contract is for the operation of a SOR on individuals to accomplish an agency function, the contractor/subcontractor is considered to be an employee of the agency.

(1) "Operation of a System of Records" means…