VA246-17-R-1646-003.docx

VA246-16-R-0964

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.

DUNS:

DUNS+4:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

VA246-17-R-1646

03-01-201 Christian A. Rosado Ramirez 757-251-4698 02-28-2019 4:30 pm 36C246 Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667 X 624120 $27.5 Million X N/A X Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667 36C246 Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667

Durham VA Medical Center 508 Fulton Street Durham, NC 27705 Attn: Ivey Chavis Solicitation for Adult Day Health Care X X 1(one) Marchelle Peyton Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

(Continuation from Standard Form 1449, block 18A.)

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer: Marchelle Peyton Department of Veterans Affairs VISN 6 Centralized Acquisition Service 100 Emancipation Drive Hampton VA 23667

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

3. INVOICES: Invoices shall be submitted in arrears:

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

1. Durham VA Medical Center 508 Fulton Street Durham, NC 27705 Attn: Ivey Chavis Fax: 919-286-6886 Mail Code: 122

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

5. All Adult Day Care Facilities must invoice using the CMS 1450 (UB-04) or HCFA 1500 form.

These forms must be original documents and can be downloaded free from the following site.

https://www.cms.gov/medicare/cms-forms/cms-forms/cms-forms-list.html

6. All claims and supporting documentation should be mailed to the locations, numbers and to the attention of the individuals listed below:

7. Claim Submission: Submit claims (invoices) and all documentation for payment to the VA facility-authorizing placement:

a. Durham VA Medical Center 508 Fulton Street Durham, NC 27705 Attn: Ivy Chavis Fax: 919-286-6886 Mail Code: 122

8. Claim Filing Instructions for Preauthorized Care. Claims submitted to VA for payment consideration must include a completed original CMS 1500 and/or CMS1450 (UB-04) billing forms to include at a minimum, the following patient and provider information:

1. Patient’s Name (including middle initial)

1. Patient’s Address (including zip code)

1. Patient’s Social Security Number

1. Provider’s Name

1. National Provider Identifier (NPI) Number

1. Provider Taxonomy Code(s), if known

1. Tax Identification Number (TIN/EIN)

1. Professional Status of Provider (MD, PA, NPA, etc.)

1. Facility Address where care was provided

1. Remit to (mailing address) where payment should be sent

1. All appropriate medical coding

1. All other health insurance information

1. Date(s) of service

1. Per Diem Rate

* The daily/weekly/monthly Attendance Log (sign in/ sign out sheets) signed by the Veteran/Next of Kin/ appropriate staff must be attached to the invoice. Failure to include this information may result in delayed payments.

9. TRANSPORTATION

1. Transportation rates are authorized by Title 38 U.S.C. 111A through the end of each year. If this law is rescinded or otherwise amended by Congress, these services will be removed from this Basic Ordering Agreement contract through modification to this BOA, and will be effective 10/01/2018

1. The Contractor is responsible to ensure any transportation services provided pursuant to the BOA complies with all pertinent provisions of Federal, State and local statues, rules and regulations.

1. Transportation is defined as either a one way or round trip to/from the Veterans residence and the ADHC facility. The VA reserves the right to return a claim with a request for additional information. Preauthorized claims must be submitted within 6 years of treatment date.

10. AUTHORIZATIONS

1. Authorizations for nursing home care will be accomplished on VA Form 10-7078, Authorization and Invoice for Medical and Hospital Services. Each authorization validity period will be from the initial effective date to disposition. Any extension to the original authorization validity period, regardless of the number of days, requires a new VA Form 10-7078.

1. VA reserves the right to return a claim with a request for additional information. Preauthorized claims must be submitted within 6 years of treatment date.

B.2 TERMS AND CONDITIONS OF THIS AGREEMENT

This is an Basic Ordering Agreement contract for the period from 03/01/2018 to _03/01/2019_, in accordance with FAR 16.7. A contract is formed, in accordance with the terms and conditions of this agreement, when VA agrees to place a patient in the Adult Day Health Care facility (ADHC) and the ADHC agrees to accept the patient. Upon acceptance by the contractor of beneficiaries of Department of Veterans Affairs (VA), all terms and conditions of this agreement shall apply during such time as a VA patient attends that ADHC at the expense of VA.

Upon acceptance of a VA patient by the ADHC, if and when requested by the Contracting Officer or authorized representative, the contractor shall furnish all services herein described, at the per diem rates for the services specified on the authorization for that veteran. VA schedule descriptions are defined in Section D of this agreement. The Department of Veterans Affairs is obligated only to the extent and validity period authorized on the VA Form 10-7078, Authorization and Invoice for Medical and Hospital Services. Any extension to the original authorization validity period, regardless of the number of days, requires a new VA Form 10-7078.

B.3 RATE DETERMINATION

The per diem rate is established by Virginia Department of Medical Assistance Services plus a fair market amount (percentage) to cover the cost of supplies, services, and equipment above that the provider under Medicaid established based on the local state Medicaid agency (SMA). Rates established after the effective date of this contract will constitute a modification to the contract, which normally coincide with the start of the state fiscal year (SFY).

The VA will use these published rates to determine rate increases, if any are awarded based on the economic price adjustment clause and establish the base year contract rate.

B.4 PRICE SCHEDULE

03/01/2018 – 02/28/2019

*Bathing

*Patient Care

*Transportation

*Wheelchair Assist Transport

I concur and submit the rates above for the contract period of this firm fixed-price contract with each option year and contract extension as pre-priced. I understand the Economic price adjustment clause and the wage determination rule for my specific state and county. I am aware of the Service Contract Act and its impact on this contract. Further, I understand that the Department of Medical Services (DMAS) for the State of _________ is the determining agency for increases based on annual letter issuances at the beginning of each fiscal year.

(Signature Block of Authority) Date

B.5 PAYMENTS

Payments made by VA under this contract constitute the total cost of adult day health care (ADHC). No additional charges will be billed to Medicare Part B, the beneficiary or his/her family, either by the ADHC facility or any third part furnishing services or supplies required for such care, unless and until specific prior authorization in writing is obtained from the VA facility authorizing placement. The contractor will not solicit contributions, donations, or gifts from patients or family members.

B.6 DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

Community Contract Adult Day Health Care (ADHC) will be furnished to beneficiaries for whom such care is specifically authorized by the Department of Veterans Affairs Medical Center. It is understood that the type of patient to be cared for under this contract will receive these services as a substitute for institutionalization. The purposes for providing CADHC: to enable functionally impaired individuals to reside in supportive home environments rather than in nursing home facilities; to facilitate the return of older Veterans to their home and coordinate long term care there by reducing readmissions to hospitals and nursing homes; to maintain the elder Veteran at the highest level of functioning possible; and to provide support to the family and other caregivers of elder Veterans. The care provided will include; nursing, Social Work services, assistance with activities of daily living (ADL), activity therapy, case management, and nutrition service including meals.

CADHC FACILITY GUIDELINES:

1. CADHC provides therapeutically focused care during daytime hours with the goal of improving the health and functional status of frail, elderly Veterans with disabling physical and mental disorders who are attempting to remain in the community and avoid institutionalization.

1. CADHC will be provided, in a protective setting during part of the day but less than 24-hours, through contract arrangements with facilities licensed or certified or state approved by and in good standing with the State’s Department of Human Resources and other states agencies as appropriate as a Contract Adult Day Health Care (Medical/Dementia) (CADHC) facilities.

1. The Contract Nursing Home Program Coordinator/Social Worker (CNH Coordinator/Social Worker or designee) will coordinate annual inspections of all CADHC facilities as outlined in VA regulations.

1. All facilities must meet the latest edition of the Life Safety Code.

1. CADHC staffing/patient ratio must meet the highest standards of the state licensing body or at a minimum 1 staff member to every 6 patients:

· At a minimum, the center must employ an RN four hours per day and two full time certified nursing assistants. The RN must be on call for questions or concerns during the remaining hours the center is open.

· The center must demonstrate an ability to provide quality care in a safe environment to Veteran clients who are in the target population of this program.

1. A CADHC facility must agree to conditions in VA’s contract.

1. Bathing will be authorized and paid on a per bath or shower basis. Veterans usually receive no more than three baths or showers per week.

1. Invoices: CMMS 1500 Forms is preferred. All invoices must include the full name and address of the CADHC facility and shall reflect the patient’s name, social security number, number of days billed, level of care category, per diem rate, HCPC Code/Health Care Common Procedure Coding System, Diagnosis Code/ICD 10, Federal Tax ID#, Failure to include this information may result in delayed payments.

VA MEDICAL CENTER GUIDELINES:

1. Certain Veterans may be required to pay a copayment for CADHC Services, which will be determined prior to the referral being made to a CADHC facility.

1. VAMC referrals will be faxed to CADHC facilities by the CADHC Program Coordinator and include the following: a provider referral, Adult Day Health Care Medical Report, a diet order or nutrition assessment, current tuberculin test or chest x-ray and other pertinent information as determined by the CADHC Team prior to Veteran’s arrival.

1. The CADHC Registered Nurse (RN) or SW will be assigned the responsibility of making rotational, onsite follow-up visits at least quarterly and PRN to ensure that adequate and safe care is being provided, assess the need for continuation of CADHC and monitor occurrences of falls, other injuries, medication errors, restraint use, weight loss greater than 5%, dehydration, and loss of ADL function. Visits will be documented in the VAMC patients’ electronic record by VA RN and/or SW.

1. At a minimum, if the Veteran attends or not, the Veteran’s chart must be reviewed, and treatment plan discussed with program staff.

1. Patient/Family Satisfaction will also be assessed on all Veterans enrolled by the CADHC Team member during quarterly and PRN visits, if the Veteran is in attendance or absent during the visit.

1. Specific complaints from Veteran or family members will be noted and follow-up made as appropriate by the CADHC Team.

1. Other VAMC professional team members may also make follow-up visits when indicated by the patients’ discharge plan or upon recommendations of the CADHC Team.

1. CADHC Veterans are followed as an outpatient and assigned to a group practice at the VA Medical Center (VAMC).

1. CADHC will be approved for a contract period up to one (1) year. This contract period may be extended if assessment indicates medical/therapeutic benefit.

1. The CADHC Interdisciplinary Team (IDT) will make annual assessments of need for CADHC which will be documented in the VA electronic record.

1. The CADHC Inspection Team, prior to patient placement and annually thereafter, will evaluate the CADHC facilities.

1. The Contract Nursing Home Program Coordinator/Social Worker (CNH Coordinator/SW) will coordinate annual inspections of all CADHC facilities as outlined in VA regulations.

1. At minimum, the team will consist of a RN, Coordinator/SW, Fire and/or Safety Officer, and Dietician other team members may include someone from Environmental Management Service and the Contracting Officer. The team will recommend approval, disapproval, or termination of contracts.

1. The VA Social Worker or designee will annually certify need for continued CADHC.

1. In Incident Reporting the facility shall notify the Home and Community Based Programs (HCHB) Community Health Nurse Coordinator (CHNC) or Social Worker (SW) by telephone or fax within 24 hours (or on the next business day if a weekend/holiday) in the event of any of the following incidents to a Veteran that VA has placed in its program: fall with injury, elopement resulting in missing patient; medication error resulting in injury or illness; patient abuse confirmed or under investigation; any other adverse event resulting in injury. The facility shall provide to the HCBC CHNC or SW a copy of the incident report that it is required to submit to its assigned DSS Adult Day Care Coordinator. This copy is to be mailed or faxed to VA when it is submitted to DSS. A copy of any required corrective action plans required by DSS as a result of the incident shall be mailed or faxed to VA within 10 business days of submission to DSS.

1. Annual Inspection of the facility shall provide to the HCBC Coordinator a copy of its annual inspection by DSS/DHSR, including corrective action plan (if needed) within 10 business days of receipt by the facility.

CADHC RESPITE

1. CADHC Respite is also authorized under this contract per VA Regulations Public Law 106-117. CADHC Respite shall not exceed the CADHC per diem rate and is defined as greater than 4 hours in adult day health care.

1. A Veteran admitted to CADHC Respite will receive services applicable to the standards of the VA CADHC contract.

1. Veterans admitted to CADHC Respite will be assessed and screened under CADHC guidelines, clinical criteria, and eligibility criteria.

1. CADHC Respite Referrals will be initiated by the VA Medical Center in accordance with local policy. Each referral will contain an individualized plan of care.

CADHC PATIENT GUIDELINES

1. Absences of the patient from the contractor’s ADHC Program will not be reimbursed. The Contractor’s ADHC Program will meet the VA standards for ADHC as promulgated in 38 CFR 17.51(c) through 17.51(e).

1. Unless specifically excluded in this contract, the per diem rate established will include the services listed in the paragraph above and will also include all services or supplies normally provided other patients by the facility without extra charge. It is agreed that the VA may readily have access to all medical records concerning the Veteran’s care in the CADHC Program.

1. If the VA Medical Center and the Contractor agree that the VA shall provide services under 38 CFR 17.51(f), the agreement will be incorporated into the contract and either the per diem rate will be re-established, or direct payment made to the United States to reflect the cost of VA’s contribution. It is agreed that duly authorized representatives of the VA will provide follow-up supervised visits to Veterans placed to assure the continuity of care and to assist in Veterans transition back into the community. It is understood that these visits do not substitute nor relieve the contractor in any way of the responsibility for the daily care and medical treatment of the Veteran. Upon discharge of death of the patient, medical records on all Department of Veterans Affairs beneficiaries will be retained by the contractor for a period of at least three (3) years following termination of care at the Department of Veterans Affairs expense.

1. The Government may evaluate the quality of professional and administrative services provided, but retains no control over the medical/professional aspects of services rendered (e.g. professional judgments, diagnosis for specific medical treatment) in accordance with FAR 37.401(b).

1. It is agreed that the contractor agrees and warrants that that it does not maintain nor provide dual or segregated patient facilities which are segregated on the basis of race, creed, color or national origin. The contractor may neither require such segregated use by written or oral policies nor tolerate such by local custom. The term “facilities” shall include but not be limited to room, wards, sections, eating areas, drinking fountains, and entrances.

1. It is agreed that the VA will have the right to inspection of the contractor’s CADHC facility and all appurtenances by an authorized representative(s) designated by the VA to determine whether acceptable standards are maintained and that adequate care is being rendered. If deficiencies are noted during any inspection, the Contractor will be advised of the inspection team’s findings and given a reasonable amount of time to take corrective action. Any deficiencies will be documented and MUST be corrected within the timeframe specified by the inspection team. The Contractor will notify the Contracting Officer when correction(s) have been made. However, if inspection deficiencies are found prior to award of the contract, the contract will not be awarded until noted deficiencies have been eliminated and/or resolved.

1. The contractor agrees to accept referral of and to provide all services specified in this contract for any person determined eligible by the VA Under Secretary for Health, or his designee, regardless of race, color, religion, sex, or national origin of person for whom such services are ordered. In addition, the contractor warrants that subcontracting will not be resorted to as a means of circumventing this provision.

1. It is agreed that the VA may readily have access to all medical records concerning the Veteran’s care in the CADHC Program.

1. It is understood that the beneficiary may be provided CADHC at the expense of the VA for a period not in excess of that stated in the treatment referral plan/authorization received from the VA, unless an extension of the authorization is provided in writing by the appropriate VA Medical Center.

1. It is agreed that the Contractor will submit a report each month on the attendance (daily log sheets), along with a monthly invoice for beneficiaries receiving care under the contract. The caregivers will be requested to sign the daily log sheets, a report of services rendered during each month.

1. It is understood that payment made by the Department of Veterans Affairs under this contract will constitute the total cost of CADHC. The contractor agrees that no additional charges will be billed to the beneficiary or his family, whether by the contractor or any third party furnishing services or supplies for such care, unless and until specific prior authorization in writing is obtained by the Department of Veterans Affairs facility that authorized payment.

1. The contractor warrants all applicable fire laws are being complied with and there are no recommendations of fire officials which have not been resolved.

1. It is impossible to determine the exact or estimated amount, which will be expended under the contract. It is understood that no obligation will be incurred by the Department of Veterans Affairs under this contract until authorization are issued for CADHC for specific beneficiaries. The Department of Veterans Affairs agrees to make payment on a timely basis for services rendered in accordance with such authorizations upon receipt of billing submitted by the Contractor at the completion of each month’s services. If a beneficiary is admitted to and discharged from the contractor’s CADHC program on the same calendar day payment will be made for one day. Invoices shall be submitted to the Department of Veterans Affairs facility authorizing admission of the patient.

1. The Contractor shall cooperate with VA Quality Improvement activities. The VA shall have access to the Contractor’s medical records to the extent permitted by State Laws. The VA allows open practitioner-patients communications regarding appropriate treatment alternatives without penalizing the contractor for discussing medically necessary or appropriate care for the patient.

1. Contractors to the Department of Veteran Affairs may be unintentionally exposed to sensitive information. Information may be overheard, seen on documents or electronic devices, or observed that could potentially violate the privacy and confidentiality of our Veterans, employees, volunteers, and their families. Regulations such as, but not limited to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), Freedom of Information Act (FOIA), and Privacy Act of 1974 have been enacted to protect sensitive information from being improperly disclosed. Information should not be divulged or released to anyone unless specifically authorized by this contract or its’ attached documents in accordance with the contracted services. Failure to comply with applicable statutes and regulation can result in the termination of this contract and civil and criminal penalties, including fines and imprisonment. All suspected or actual breeches of privacy and confidentiality should be reported immediately to the Contracting Officer, Contracting Officer’s Representative (COR) or the Facility Privacy Officer.

PERSONNEL POLICY:

(1) Responsibility: The contractor shall be responsible for protecting the personnel furnishing CADHC services under this contract and, thus, shall provide the following to carry out this responsibility:

a. Worker’s Compensation

b. Professional Liability Insurance

c. Health Examinations

d. Withholding Income tax

e. Social Security Payments.

(2) Non-VA Employee: The parties agree that such personnel shall not be considered VA employees for any purpose and shall be considered employees of the Contractor.

VA MEDICAL CENTER RESPONSIBILITIES:

(A) Record-Keeping System:

(1) Establishment/Maintenance: The Chief, Extended Care Service Line, or his/her designee, shall establish and maintain a record-keeping system that will contain the date(s) when CADHC services were provided to VA beneficiaries and confirmation from the Contractor and caregivers of the dates CADHC services were performed.

(2) Certification of Invoices: VAMC’s record-keeping system shall be the basis of determination that services were received by the Government in the certification of invoices for payment. Absences of the patient from the CADHC program will not be reimbursed.

ADULT DAY HEALTHCARE RESPONSIBILITIES:

Electronic Information Systems (EIS) (Record-Keeping System):

1. Citations to pertinent laws, codes and regulations such as 44 U.S.C Chapter 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228.

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

3. Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government ‘IT’ equipment and/or Government records.

4. Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act.

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

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

7. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

8. Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.].

9. No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.

10. Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under or relating to this contract. The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.

B.7 SPECIAL CONTRACT REQUIREMENTS

1. Under the authority of Public Law 104262 and 38 USC 8153, the contractor agrees to provide Health Care Resources in accordance with the terms and conditions stated herein, to furnish the services and prices specified in the Section entitled Schedule of Supplies/Services of this Basic Ordering Agreement (BOA).

a. The services specified in Section B. - Schedule of Supplies/Services may be changed by written modification to this BOA. The modification shall be prepared by the Contracting Officer (CO) and, prior to becoming effective, shall be signed by both parties.

b. The services to be performed by the contractor shall be performed in accordance with VA policies, procedures and regulations of the medical facility.

c. The Government reserves the right to refuse acceptance of Contractor, if personal or professional conduct jeopardizes patient care. Breaches of conduct include intoxication or debilitation resulting from drug use, theft, patient abuse, dereliction or negligence in performing directed tasks, or other conduct resulting in formal complaints by patient. Standards for conduct shall mirror those prescribed by current federal personnel regulations. The Contracting Officer and Contracting Officer Representative (COR) shall deal with issues raised concerning contract personnel’s conduct. The final arbiter on questions of acceptability is the Contracting Officer.

d. The Contracting Officer shall resolve complaints concerning Contractor relations with the Government employees or patients. The Contracting Officer is the final authority on validating complaints. In the event that the Contractor is involved and named in a validated patient complaint, the Government reserves the right to refuse acceptance of the services of such personnel. This does not preclude refusal in the event of incidents involving physical or verbal abuse.

e. Contractor shall, in writing, keep the COR informed of any unusual circumstances in conjunction with the BOA and the COR will inform the Contracting Officer.

2. TERMS OF THE BASIC ORDERING AGREEMENT:

The BOA is effective for one (1) year starting at the effective date of award with four (4) one (1) year option periods.

a. The Contracting Officer will be the only person authorized to approve changes or modify any of the requirements under this BOA. The Contractor shall communicate with the Contracting Officer on all matters pertaining to BOA administration. Only the Contracting Officer will be authorized to make commitments or issue changes that affect price, quantity, or quality of performance of this BOA. 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 unauthorized by the local VAMC and no adjustment will be made in the BOA price to cover any increase in costs incurred as a result thereof.

b. The COR will be responsible for the overall administration of this BOA as outlined in the COR Delegation of Authority.

3. MANAGEMENT AND SUPERVISION:

a. The Contractor shall be responsible for supervising the daily services provided under this contract by the Contractor’s staff.

b. The Contractor shall have written policies and procedures regarding staff positions.

c. The VAMC will provide to the Contractor policies, procedures and processes necessary to allow cooperative functioning between the agency and VAMC. Updates and refreshers will be provided to the Contractor upon request and when policy procedures or process changes.

4. RECORD KEEPING:

1. The Durham VAMC , shall establish and maintain a record keeping system that will record the services performed by the Contractor. Any incidents of Contractor non-compliance as evidenced by the monitoring procedure shall be forwarded immediately to the Contracting officer.

1. Documentation of services performed shall be reviewed prior to certifying payment. The VAMC shall pay for services actually performed and in strict accordance with Section B, Schedule of Supplies/Services above.

c. Contractor’s employee must complete and perform the required services as specified.

5. QUALITY ASSURANCE:

The Department of Veterans Affairs is allowed according to public law 99-272 and 101 508, to seek reimbursement from health insurance carriers for the cost of medical care and treatment provided to veterans for their non-service connected conditions. The contractor may not bill any veteran or their health insurance carrier for care provided to a veteran while employed by or working under contract with the Department of Veterans Affair.

6. CONTRACTING WITH PARTIES LISTED ON THE OIG LIST OF EXCLUDED INDIVIDUALS/ENTITIES:

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

7. TORT CLAIMS:

Individual(s) providing the services under the contract are not covered by the Federal Tort Claims Act. When an individual(s) providing the services has been identified as a provider in a tort claim, the individual(s) providing the services is responsible for notifying the Contractor’s legal counsel and/or insurance carrier. Any settlement or judgment arising from an individual(s) providing the services action or non-action is the responsibility of the Contractor and/or insurance carrier.

8. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (HIPAA):

In accordance with 45 CFR 164.502(e), the Privacy Rule includes exceptions to the Business Associate standard. This BOA and its requirements meet the following exception and do not require a Business Associate agreement in order for Covered Entity to disclose Protected Health Information to: a health care provider for treatment. Based on this exception, a Business Associate agreement is not required for this contract. The Contractor must adhere to all VA security policies and applicable confidentiality statutes, include 38 U.S.C. 5701, 38 U.S.C. 5705, 38 U.S.C. 7332, 5 U.S.C. 552a (Privacy Act), as well as 45 U.S.C. Parts 160, 162 and 164 (Health Insurance Portability and Accountability Act).

9. CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS):

1. FAR 42.1502 direct all Federal agencies to collect past performance information on contracts. The Department of Veterans Affairs has implemented use of the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15

1. The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

1. Please furnish the Contracting Officer with the name, position title, phone number, and email address for each person designated to have access to your firm’s past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official. The report information must be protected as source selection sensitive information not releasable to the public.

1. When your Contractor Representative(s) (Past Performance Points of Contact) are registered in CPARS, they will receive an automatically-generated email with detailed login instructions. Further details, system requirements, and training information for CPARS are available at www.cpars.gov. The CPARS User Manual, registration for online training for Contractor Representatives may be found at this site.

1. You have 14 calendar days following the Assessing Official signature date to submit comments before the evaluation is made available in the Past Performance Information Retrieval System (PPIRS). You have a total of 60 calendar days following the Assessing Official signature date to submit comments. Any comments that you submit will be posted to PPIRS. If you do not sign and return the evaluation within 60 calendar days the evaluation will be returned to the Assessing Official, you will no longer be able to provide comments and the evaluation will be annotated as follows: 'The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this evaluation.' Partially completed comments that were not signed and returned to the Government within 60 calendar days will be removed from the evaluation.

1. The following guidelines apply concerning your use of the past performance evaluation:

(1) Protect the evaluation as “source selection information.” After review, transit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the Contracting Officer for instructions.

(2) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

(3) Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determination, production readiness reviews, or other similar purposes.

1. If you wish to discuss a past performance evaluation, you should request a meeting in writing to the Contracting Officer no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 30-day review period.

1. A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been completed.

10. CONTRACTOR PERSONNEL SECURITY REQUIREMENTS:

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE FOR INCLUSION INTO CONTRACTS, AS APPROPRIATE

A. GENERAL

1. Contractors 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.

B. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

1. A contractor shall request logical (technical) or physical access to VA information and VA information systems for their employees only to the extent necessary to perform the services specified in the contract, agreement, or task order.

2. All contractors 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.

3. The contractor 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. The Contracting Officer must also be notified immediately by the contractor prior to an unfriendly termination.

C. VA INFORMATION CUSTODIAL LANGUAGE

1. Information made available to the contractor by VA for the performance or administration of this contract or information developed by the contractor 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 rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1).

2. VA information should not be co-mingled, if possible, with any other data on the contractor’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.

3. Prior to termination or completion of this contract, contractor 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 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.

a. The contractor 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.

b. The contractor 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 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.

c. 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.

d. The contractor 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.

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

f. 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 must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response.

g. Notwithstanding the provision above, the contractor 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.