SOLICITATION NOTICE
G -- Transitional Contract Residential Beds for Homeless Veterans
- Notice Date
- 7/30/2010
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 624229
— Other Community Housing Services
- Contracting Office
- VA CARIBBEAN HEALTHCARE SYSTEM;NETWORK CONTRACTING ACTIVITY 8;TRES RIOS BLDG., SAN PATRICIO;27 Gonzalez Giusti Ave, Suite 600;Guaynabo PR 00968
- ZIP Code
- 00968
- Solicitation Number
- VA24810RP0545
- Response Due
- 8/17/2010
- Archive Date
- 10/16/2010
- Point of Contact
- Socary Rodriguez
- E-Mail Address
-
1-7582
- Small Business Set-Aside
- N/A
- Description
- STATEMENT OF WORK A. PURPOSE.. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.. The Veterans Affairs Caribbean Healthcare System in San Juan, Puerto Rico ( VA ), requires contractors to provide services as part of its Community Based Health Care for Homeless Veterans (HCHV) program. The goal of the HCHV program is to remove homeless Veterans from the street or habitation unfit for Veterans and place them in community-based, residential environments with sufficient therapeutic services to meet the needs of those Veterans.. B. BACKGROUND.. Through the HCHV program, VA provides case management services to Veterans and facilitates their access to a broad range of medical, mental health, and rehabilitative services. The purpose of this solicitation is to obtain offers from contractors who can provide care, treatment and rehabilitative services to veterans suffering from serious mental illness, including veterans who are homeless, in community-based treatment facilities offering a safe and secure environment that supports their rehabilitation goals. The Contractor will be required to provide therapeutic and rehabilitative services, but will not be required to provide detoxification or other hospital level treatment those services will be provided by the VA at VA facilities.. C. SERVICES TO BE PROVIDED. BASIC SERVICES:. VA has a need of ten (10) beds for our transitional residential program (7 seven beds for men and 3 three beds for women) to any given vendor that could meet the needs of homeless veterans as well as the high quality standards and expectations of the Department of Veterans Affairs to end homelessness among our population.. The contractor shall furnish each Veteran referred for care under this contract with the following basic services:. a. ROOM AND BOARD: Room and Board to include a bed and other furnishings such as a dresser, storage, and personal linens (towels and bed sheets). Meals to include at least three (3) nutritionally adequate meals a day, 7 days a week and availability of nutritious snacks between meals and bedtime for those requiring or desiring additional food, when it is not medically contraindicated.. b. LAUNDRY FACILITIES: Laundry facilities for residents to do their own laundry or to have laundry done.. c. THERAPEUTIC AND REHABILITATIVE SERVICES: Therapeutic and Rehabilitative Services determined to be needed by each individual Veteran referred for treatment as stated in the plan developed by the contractor, with input from the Veteran and the VA Homeless Program Coordinator (or designee). Services which the contractor must be able to furnish shall include:. (1)Structured group activities as appropriate examples include group therapy, social skills training, Alcoholics Anonymous, Narcotics Anonymous, vocational counseling and physical activities as appropriate.. (2)Collaboration with the VA program staff, which will provide supportive psychosocial services.. (3)Individual professional counseling, including counseling on self care skills, adaptive coping skills and, as appropriate, vocational rehabilitation counseling, in collaboration with VA program and community resources.. (4)Assistance to develop responsible living patterns, to maintain an acceptable level of personal hygiene and grooming, and to achieve a more adaptive level of psychosocial functioning, upgraded social skills, and improved personal relationships.. (5)Support for an alcohol/drug abuse-free lifestyle provided in an environment conducive to social interaction and the fullest development of the resident s rehabilitative potential.. (6)Assistance to gain and to apply knowledge of the illness/recovery process in an environment supportive of recovery models.. (7)A program that promotes community interaction.. (8)Monitoring of medications, if necessary.. In addition, the Contractor shall provide treatment and discharge planning reflecting a team assessment of health, social and vocational needs and the involvement of the Veteran, the VA staff and appropriate community resources in resolving problems and setting goals.. An individual case record will be created for each referred Veteran. Case records shall be maintained in security and confidence as required by the Confidentiality of Alcohol and Drug Abuse Patient Records (42 CFR part 2) and the Confidentiality of Certain Medical Records (38 USC 7332). Case records and data normally maintained and included in a medical record as a function of compliance with State or community licensing standards will be made available on a need to know basis to appropriate Department of Veterans Affairs staff members involved with the treatment program of the Veterans concerned.. The contractor shall comply with applicable requirements of the Confidentiality of Alcohol and Drug Abuse Patient Records (42 CFR Part II) and the Confidentiality of Certain Medical Records (38 USC 7332).. The contractor shall comply with the principles listed in 38 CFR 17.707(b) to provide housing and supportive services in a manner that is free from religious discrimination.. 1. PERSONNEL. The contractor will employ sufficient personnel to carry out the policies, responsibilities, and the program for the facility. There must be, as a minimum, at least one case manager with experience in mental health and substance abuse, one facility manager/project manager, one registered nurse, and one continuous security guard on duty 24 hours, seven days a week.. Contractor shall provide a structured emergency plan in the event of an urgent situation and specify which qualified personnel will be on call 24 hours a day, 7 days a week to mitigate risk for the Government.. The Contractor shall assign to this contract personnel that by education and training (and, when required, certification or licensure) are qualified to provide the Basic Services required by this SOW.. The Contractor must identify each person functioning as Key Personnel under this contract, and provide to the VA a description of the services to be provided by such person, together with a resume summarizing that person s relevant skills and experience.. During the first ninety (90) calendar days of contract performance, the Contractor shall make NO substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. Within 14 days after substitutions necessitated by situations described above, the Contractor shall provide resumes for the substitute key personnel. For substitutions proposed by the Contractor after the initial 90 calendar day period, the Contractor shall provide resumes for the substitute personnel, together with any other additional information requested by the Contracting Officer, at least 15 days before the substitution is to occur. The Contracting Officer shall notify the Contractor within fifteen (15) calendar days after receipt of all required information if the VA refuses to accept the substitute key personnel. The VA reserves the right to refuse or revoke acceptance of key personnel if personal or professional conduct, or lack of required skills or experience, jeopardizes patient care or interferes with the regular and ordinary operation of the facility.. Temporary substitutions of key personnel shall be permitted in accordance with the Contractor s contingency plan. The Contractor s contingency plan to be utilized if personnel leave Contractor s employment or are unable to continue performance in accordance with the terms and conditions of the resulting contract must be submitted as part of the Contractor s offer.. All Contractor staff providing services to Veterans under this contract must undergo the appropriate background investigation as required by the VA. Before receiving an initial referral of Veterans under the contract, the Contractor shall submit a listing of all Contractor personnel proposed to provide services to Veterans under the contract. The VA will provide the necessary background information forms to the Contractor or to the Contractor s employees after receiving a list of names and addresses.. i.Upon receipt, the VA Contracting Officer will review the completed forms for accuracy and forward the forms to proper federal authorities to conduct background investigations.. ii.The VA facility shall pay for investigations conducted by the Office of Personnel Management (OPM) in advance. However, the Contractor is required to reimburse the VA for the cost of the investigations. The estimated cost for a Low Risk Level Background Investigation is $200 per employee. The VA shall recover the cost of the investigations from the Contractor through offsets against amounts invoiced or against the guaranteed minimum payment, as appropriate.. iii.The VA Contracting Officer shall forward the completed background investigations to the Office of Security and Law Enforcement for adjudication. The Office of Security and Law Enforcement shall notify the Contracting Officer and Contractor after adjudicating the results of the background investigations received from the investigating office.. iv.The COTR shall be responsible for verifying that investigations have been completed or are in the process of being requested before Veterans are referred to the Contractor s facilities.. 2. REFERRALS. A. The VA is responsible for determining eligibility of Veterans prior to referral to the Contractor for treatment. A written referral (hard copy, fax or e-mail are acceptable) signed by an authorized VA ordering officer shall be provided to the Contractor for each Veteran referred for services under the contract.. B. 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.. C. It is understood that the Contractor will not be paid for care provided to a referred Veteran beyond the period authorized in the referral, unless an extension of the authorization is provided in writing by the VA.. D. The initial referral period for a Veteran may be up to 30 days, depending upon the needs of the Veteran as mutually determined by the Veteran, the Contractor s staff, and VA Homeless Program Coordinator or designee. An extension of the referral period could be for additional 30 days up to a total of 6 months, may be authorized by the VA Homeless Program Coordinator or designee, provided that funding is available. Treatment periods in excess of 6 months for individual Veterans must be authorized by the Medical Center Director or designee.. 3. ABSENCES AND CANCELLATION. A. The contractor shall notify the VA of unauthorized absences by a referred Veteran from the facility. Should a Veteran absent himself/herself from the Contractor s facility in an unauthorized manner, payment for services for that Veteran shall be continued for a maximum period of two days, provided there is an active outreach attempt on the part of the Contractor s staff to return the Veteran to the facility and there is a reasonable belief that the Veteran will return. Management of program dropout will be an element of quality assurance review of this program. Absences of the Veteran from the facility in excess of two days will not be reimbursable unless authorized in advance by the VA Homeless Program Coordinator.. B. VA reserves the right to remove any or all Veterans from the facility at any time, without additional cost, when it is determined to be in the best interest of the VA or the Veteran.. The contractor shall notify the authorizing VA facility immediately when a medical emergency occurs that requires hospitalization of a referred Veteran. It is agreed that the Veteran will be admitted to the appropriate VA facility. When such admission is not feasible because of the nature of the emergency, it is agreed that hospitalization in a non-federal hospital may be accomplished provided that VA authorization is obtained. If hospitalization of a non-emergency nature is required it is agreed that admission to the appropriate VA facility will be accomplished promptly.. The contractor shall notify the authorizing VA facility immediately of any incidents involving veterans residing in the residential program. The contractor shall notify the VA case manager by telephone during the hours of 8:00am and 4:30pm. For all incidents that occur after normal business hours, the contractor should notify the Administrator on Duty (AOD). The contractor shall provide the HCHV case manager and the COTR with a copy of the incident report within 24 hours. The contractor shall maintain a copy of the incident report in the Veteran s case record.. 3. CONTRATOR STAFF CONDUCT/COMPLAINTS HANDLING. Contractor personnel 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).. The VA reserves the right to exclude Contractor staff members from providing services to Veterans under this contract based on breaches of conduct, including conduct that jeopardizes patient care or interferes with the regular and ordinary operation of the facility. 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 Veterans or other staff members to designated Government representatives. The Contractor and Contracting Officer s Technical Representative shall deal with issues raised concerning contractor personnel conduct. The Contracting Officer shall be the final arbiter on questions of acceptability and in validating complaints.. 4. LOCATION AND TRANSPORTATION The facility must be located in San Juan, Puerto Rico or situated in a close municipality from the San Juan metropolitan area.. The Contractor shall assist the Veterans with local transportation to scheduled meetings and appointments. The Contractor will be expected to help the Veteran access public transportation, including providing information and instructions necessary to enable Veterans to utilize public transportation. If VA staff determines that adequate public transportation is not available or appropriate for a Veteran, the Contractor shall arrange for alternative transport by car.. 5. FACILITY. A. 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:. i.Have a current occupancy permit issued by the local and state governments in the jurisdiction where the facility is located.. ii.Be in compliance with existing standards of State safety codes and local, and/or State health and sanitation codes.. iii.Be licensed under State or local authority.. iv. Have handicapped accessibility by ADA Law Authority.. v.Where applicable, be accredited by the State.. be equipped with operational air conditioning /heating systems. vi.Be kept clean free of dirt, grime, mold, or other hazardous substances and damaged noticeably detract from the overall appearance.. vii.Be equipped with first aid equipment and an evacuation plan in case of emergency.. viii.Have windows and doors that can be opened and closed in accordance with manufacturer standards.. B. The contractor facility must meet fire safety requirements, as follows:. i.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.. ii.All residents in the facility must be mentally and physically capable of leaving the building, unaided, in the event of an emergency. iii.Fire exit 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 exit drills.. iv.A written policy regarding tobacco smoking in the facility shall be established and enforced.. v.Portable fire extinguishers shall be installed at the facility. Use NFPA 10, Portable Fire Extinguishers, as guidance in selection and location requirements of extingushers.. vi.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.. vii.The annual inspection by a VA team required by paragraph 7 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.. 7. INSPECTION OF FACILITY AND PROGRAM. Prior to the award of a contract and annually during the contract term, a multidisciplinary VA team consisting of a social worker, dietitian, registered nurse, a representative of the VA Police, and a Facilities Management Safety Officer, and other subject matter experts as determined necessary by the medical center director or HCHV Coordinator shall conduct a survey of the Contractor s facilities to be used to provide Veterans food, shelter, and therapeutic services to assure the facility provides quality care in a safe environment. Inspections may also be carried out at such other times as deemed necessary by the Department of Veterans Affairs.. The contractor will be advised of the findings of the inspection team. If deficiencies are noted during any inspection, the contractor will be given a reasonable time to take corrective action and to notify the Contracting Officer that the corrections have been made. A contract will not be awarded until noted deficiencies have been eliminated. Failure by the Contractor to take corrective action within a reasonable time will be reported to the VA Contracting Officer. If corrections are not made to the satisfaction of the VA, the Contracting Officer will consult with the appropriate officials so that suitable arrangements can be made to discontinue plans to award a contract, or to discharge or transfer patients and to terminate the existing contract, as appropriate.. The inspection of the Contractor facilities will include inspection for conformity to the current Life Safety Code as described in paragraph 6, and will also include the following:. General observation of residents to determine if they maintain an acceptable level of personal hygiene and grooming.. Assessment of whether the facility meets applicable fire, safety and sanitation standards.. Determining whether the facility is in attractive surroundings conducive to social interaction and the fullest development of the resident's rehabilitative potential.. Observation of facility operations to see if appropriate organized activity programs are available during waking hours (including evenings) and degree to which a high level of activity is observed in the facility, such as individual professional counseling, physical activities, assistance with health and personal hygiene.. Seeking evidence of facility-community interaction, demonstrated by the nature of scheduled activities or by information about resident flow out of the facility, e.g., community activities, volunteers, local consumer services, etc.. Observation of staff behavior and interaction with residents to determine if they convey an attitude of genuine concern and caring.. Inspecting the types of meals and other nutrition provided to residents to see if appetizing, nutritionally adequate meals are provided in a setting, which encourages social interaction and if nutritious snacks between meals and bedtime are available for those requiring or desiring additional food, when it is not medically contraindicated.. Making a spot check of veterans records to ensure accuracy with respect to veterans length of stay and services provided to the veterans.. All Department of Veterans Affairs reports of inspection of residential facilities furnishing treatment and rehabilitation services to eligible veterans shall, to the extent possible, be made available to all government agencies charged with the responsibility of licensing or otherwise regulating or inspecting such institutions.. Subsequent Inspections Subsequent inspections of the residential treatment setting will be made on a yearly basis by an interdisciplinary team including the VA medical facility personnel as the Director considers necessary to ensure that the setting provides quality care in a safe environment. As site visits are accomplished by VA program personnel, attention will be directed to the adequacy of veterans' records, and include a review of patient.. 8. CONTRACT CHANGES/TECHNICAL DIRECTIONS.. 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. 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.. The COTR will be responsible for the overall technical administration of this contract as outlined in the COTR Delegation of Authority, including monitoring of the Contractor s performance.. 9. QUALITY OF SERVICE REQUIREMENTS:. Quality Control Program:. The quality control program is the driver for quality. The contractor is required to develop a comprehensive program of inspections and monitoring actions.. The contractor, not the government, is responsible for management and quality control actions to meet the terms of the contract. Contractor shall provide an adequate quality control system which addresses organizational, personnel, process controls, emergency plans, documents/records, incident tracking, assessments, process improvements, and facilities and safety mechanisms.. Contractor s Quality Improvement Monitors. In order to assure quality of service to our veterans, the Government is entitled to:. 1.Conduct utilization review audits for the mandated national evaluation study. 2. Provide satisfaction surveys among veterans. 3.Verify quality of patient care for veterans through written documentation. 4.Ensure confidentiality of patient record information. 5.Monitor the completeness and accuracy of financial records. 6. Assess capacity of retention in the length of stay of veterans referred and regular discharges. 7. Assessment of treatment outcome at periodic intervals. 8. Evaluate the residential treatment setting's ability to consistently ensure the presence of staff capable of providing services required under the terms of the contract.. 10. INSTRUCTIONS TO OFFERORS PROVISION:. 52.212-1, Instructions to Offerors Commercial, applies to this acquisition. Sealed offers for furnishing the required services may be mailed to the address or hand-carried to the address shown below. Proposals must be received no later than AUGUST 17, 2010 at 3:00 PM EST.. Address for Hand-Delivered Proposals:. DEPARTMENT OF VETERANS AFFAIRS, VA CARIBBEAN HEALTHCARE SYSTEM, SERVICE AREA OFFICE EAST, NETWORK CONTRACTING ACTIVITY 8, SUITE 600, TRES RIOS BLDG., SAN PATRICIO, #27 J. GONZALEZ GIUSTI AVE., GUAYNABO, PR 00968. Late submissions, modifications and withdrawals will be handled as described in provision 52.212-1 Instructions to Offerors Commercial Items .. Telegraphic offers (submitted by telegram or mailgram) will not be accepted Facsimile offers will not be accepted. Any offers submitted by any form of electronic commerce will not be accepted.. Central Contractor Registration (CCR): As stated in 52.212-1(k), prospective awardees are required to be registered in the Central Contractor Registration (CCR) database. Offerors are encouraged to go to the CCR database at http://www.ccr.gov and start the registration process as soon as possible to avoid possible delays should the contractor be selected as a prospective awardee.. Multiple Awards/Award without Discussions: As stated in 52.212-1(g), each offer should contain the best terms from a price and technical standpoint, as the Government intends to evaluate offers and make awards to offerors without holding discussions. The Government intends to enter into multiple fixed price indefinite quantity indefinite delivery contracts for the required services. The Government may issue additional solicitations for this same requirement until it believes that sufficient capacity to meet the needs of Veterans is available under contracts placed in response to such solicitations.. Amendments to this Solicitation: Offerors are encouraged to monitor the Federal Business Opportunities website with respect to this solicitation because any amendments to this Solicitation will be posted on that website (www.fbo.gov).. Format of Proposal: Offerors should review this entire solicitation before submitting a proposal to ensure that their proposals meet all requirements. Specific guidance on proposal preparation is provided in Section 52.212-1 of this solicitation.. Questions: All questions regarding this solicitation must be submitted to the contract specialist in writing by e-mail to socary.rodriguez@va.gov. All responses to questions will be incorporated into a written amendment posted to the Federal Business Opportunities website (www.fbo.gov).. SCHEDULE OF PRICES:. The contractor shall provide to the Department of Veterans Affairs community-based residential treatment including therapeutic transitional housing and support services to Veterans diagnosed with serious mental illness, in accordance with all terms, conditions, provisions and requirements listed herein. This rate provided for line items 1 through 5 shall be inclusive of all basic services as may be necessary in the treatment of the veteran. Basic services shall be as defined in the Statement of Work. Supplemental Services available from the contractor shall be separately priced, at a firm fixed rate, as stated in the Schedule of Services. Supplemental Services shall only be provided when specifically authorized in the Veteran s written referral for services.The contractor shall provide to the Department of Veterans Affairs community-based residential treatment including therapeutic transitional housing and support services to Veterans diagnosed with serious mental illness, in accordance with all terms, conditions, provisions and requirements listed herein. This rate provided for line items 1 through 5 shall be inclusive of all basic services as may be necessary in the treatment of the veteran. Basic services shall be as defined in the Statement of Work. Supplemental Services available from the contractor shall be separately priced, at a firm fixed rate, as stated in the Schedule of Services. Supplemental Services shall only be provided when specifically authorized in the Veteran s written referral for services.:. This is an indefinite delivery, indefinite quantity contract because it is impossible to determine with any certainty the amount of services that will be required under this contract. It is understood that no obligation will be incurred by the Department of Veterans Affairs except for services rendered under this contract pursuant to referrals issued by the Department of Veterans Affairs for residential treatment for specific beneficiaries.:. All deliverables and other documentation required by the Statement of Work shall be provided by the Contractor at no additional cost to the charges stated for Basic Services. :. The minimum value of services and maximum value of services to be provided under this contract are minimum one 1 homeless veteran and maximum 10 homeless veterans during each contract year.:. Please submit your proposal based on ONE BASE YEAR and ONE OPTION YEAR. :. CONTRACT PERIOD BASE YEAR- OCTOBER 1, 2010- SEPTEMBER 30, 2010 :. :. 1. Provide residential housing and health care to homeless veterans:. Note : USE THIS LINE ITEM, if your facility has the capability to provide housing for men and:. women homeless veterans.:. Estimated Maximum Quantity of Patients: 10:. Duration of Need: 12 months:. Provide Per Diem Cost per patient and Total Cost for 10 patients:. 2. Provide residential housing and health care to homeless veterans::. NOTE : USE THIS LINE ITEM, if your facility has the capability to provide housing for MEN ONLY.:. Estimated Maximum Quantity of Patients: 7:. Duration of Need: 12 months:. Provide Per Diem Cost per patient and Total Cost for 7 patients:. 3. Provide residential housing and health care to homeless veterans::. NOTE : USE THIS LINE ITEM, if your facility has the capability to provide housing for WOMEN ONLY.:. Estimated Maximum Quantity of Patients: 3:. Duration of Need: 12 months:. Provide Per Diem Cost per patient and Total Cost for 3 patients:. CONTRACT PERIOD OPTION YEAR 1- OCTOBER 1, 2011- SEPTEMBER 30, 2012 :. 1. Provide residential housing and health care to homeless veterans:. Note : USE THIS LINE ITEM, if your facility has the capability to provide housing for men and women homeless veterans.:. Estimated Minimum Quantity of Patients:1:. Estimated Maximum Quantity of Patients: 10:. Duration of Need: 12 months:. Provide Per Diem Cost per patient and Total Cost for 10 patients:. 2. Provide residential housing and health care to homeless veterans::. NOTE : USE THIS LINE ITEM, if your facility has the capability to provide housing for MEN ONLY. Estimated Minimum Quantity of Patients:1:. Estimated Maximum Quantity of Patients: 7:. Duration of Need: 12 months:. Provide Per Diem Cost per patient and Total Cost for 7 patients:. 3. Provide residential housing and health care to homeless veterans::. NOTE : USE THIS LINE ITEM, if your facility has the capability to provide housing for WOMEN ONLY.:. Estimated Minimum Quantity of Patients:1:. Estimated Maximum Quantity of Patients: 3:. Duration of Need: 12 months:. Provide Per Diem Cost per patient and Total Cost for 3 patients:. EVALUATION CRITERIA PROVISION. A)The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government taking into consideration non-price factors and price. The following factors shall be used to evaluate offers:. 1.Technical Capability:. Contractor must present evidence of their technical capability to provide immediate transitional housing, case management, structured clinical and mental program services for our homeless veteran population.. 2.Past Performance:. The Government will review available past performance data in the Past Performance Information Retrieval System (PPIRS), The National Institute of Health (NIH), and Contractor Performance System (CPS). However, the Government reserves the right to obtain past performance information from any available source and may contact customer other than those identified by the offeror when evaluating past performance.. Please include references of agencies that have purchased similar services. Past performance with VA or other Government agencies is preferred. Please include facility, point of contact information, purchase order or reference number, and dollar value. Those not submitting past performance references will be given a neutral rating.. 3.Price:. Government reserves the right to award without discussions, and contract award will be based on the best interest of the Government. Vendors shall submit the most favorable terms.. The Government decided that on weighting non-price factors, technical, and past performance combined are significantly more important than price.. CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO COMMERCIAL ITEMS ALL CONTRACTS:. 52.209-8 UPDATES OF INFORMATION REGARDING RESPONSIBILITY MATTERS (APR 2010). 52.216-18 ORDERING (OCT 1995). 52.216-22 INDEFINITE QUANTITY (OCT 1995). 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999). 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000). 52.246-4 INSPECTION OF SERVICES--FIXED-PRICE (AUG 1996). VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008). VAAR 852.203-71 DISPLAY OF DEPARTMENT OF VETERAN AFFAIRS HOTLINE POSTER (DEC 1992). VAAR 852.216-70 ESTIMATED QUANTITIES (APR 1984). VAAR 852.237-7 INDEMNIFICATION AND MEDICAL LIABILITY INSURANCE (JAN 2008) VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984). VAAR 852.271-70 NONDISCRIMINATION IN SERVICES PROVIDED TO BENEFICIARIES (JAN 2008). VAAR 852.273-75 SECURITY REQUIREMENTS FOR UNCLASSIFIED INFORMATION TECHNOLOGY RESOURCES (Interim - October 2008). VAAR 852.273-76 ELECTRONIC INVOICE SUBMISSION (Interim - October 2008). CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://www.acquisition.gov/far/index.html http://www.va.gov/oamm/oa/ars/policyreg/vaar/index.cfm (End of Clause) 52.224-1PRIVACY ACT NOTIFICATIONAPR 1984 52.224-2PRIVACY ACTAPR 1984 52.232-35DESIGNATION OF OFFICE FOR GOVERNMENTMAY 1999 RECEIPT OF ELECTRONIC FUNDS TRANSFER INFORMATION 52.232-37MULTIPLE PAYMENT ARRANGEMENTSMAY 1999 (End of Addendum to 52.212-4) 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (APR 2010). CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS. BUSINESS ASSOCIATE AGREEMENT BETWEEN THE DEPARTMENT OF VETERANS AFFAIRS, VETERANS HEALTH ADMINISTRATION. Whereas, (Business Associate) provides homeless veteran transitional housing, case management, and therapeutic and rehabilitative services to the Department of Veterans Affairs, Veterans Health Administration (Covered Entity); and. Whereas, in order for Business Associate to provide homeless veteran transitional housing, case management, and therapeutic and rehabilitative services to Covered Entity, Covered Entity discloses to Business Associate Protected Health Information (PHI) and Electronic Protected Health Information (EPHI) pursuant to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), Pub. L. 104-191, 110 Stat. 1936 (1996), and its implementing regulations, 45 C.F.R. Parts 160, 162, and 164 ( the HIPAA Privacy and Security Rules ); and. Whereas, the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, 123 Stat. 115 (2009), pursuant to Title XIII of Division A and Title IV of Division B, called the Health Information Technology for Economic and Clinical Health (HITECH) Act, provides modifications to the HIPAA Privacy and Security Rules; and. Whereas, Department of Veterans Affairs Veterans Health Administration is a Covered Entity as that term is defined in the HIPAA implementing regulations, 45 C.F.R. 160.103; and. Whereas,, including its employees, officers, contractors, subcontractors, or any other agents, as a recipient of PHI from Covered Entity in order to provide homeless veteran transitional housing, case management, and therapeutic and rehabilitative services to Covered Entity, is a Business Associate of Covered Entity as that term is defined in the HIPAA implementing regulations, 45 C.F.R. 160.103; and. Whereas, pursuant to the Privacy and Security Rules, all Business Associates of Covered Entities must agree in writing to certain mandatory provisions regarding the Use and Disclosure of PHI and EPHI; and. Whereas, the purpose of this Agreement is to comply with the requirements of the Privacy and Security Rules, including, but not limited to, the Business Associate Agreement requirements at 45 C.F.R. 164.308(b), 164.314(a), 164.410, 164.502(e), and 164.504(e), as may be amended.. NOW, THEREFORE, Covered Entity and Business Associate agree as follows:. 1.Definitions. Unless otherwise provided in this Agreement, capitalized terms and phrases that are defined in the Privacy and Security Rules have the same meanings as set forth in the Privacy and Security Rules. When the phrase Protected Health Information and the abbreviation PHI are used in this Agreement, they include the phrase Electronic Protected Health Information and the abbreviation EPHI. . 2.Ownership of PHI. PHI provided by Covered Entity to Business Associate and its contractors, subcontractors, or other agents, or gathered by them on behalf of Covered Entity; under this Agreement are the property of Covered Entity.. 3. Scope of Use and Disclosure by Business Associate of Protected Health Information. Unless otherwise limited herein, Business Associate may:. A. Make Uses and Disclosures of PHI that is disclosed to it by Covered Entity or received by Business Associate on behalf of Covered Entity as necessary to perform its obligations under this Agreement and all applicable agreements, provided that such Use or Disclosure would not violate the HIPAA Privacy Rule if made by Covered Entity and complies with Covered Entity s minimum necessary policies and procedures;. B.Use the PHI received in its capacity as a Business Associate of Covered Entity for its proper management and administration and to fulfill any legal responsibilities of Business Associate;. C. Make a Disclosure of the PHI in its possession to a third party for the proper management and administration of Business Associate or to fulfill any legal responsibilities of Business Associate; provided, however, that the Disclosure would not violate the HIPAA Privacy Rule if made by Covered Entity, or is Required by Law; and Business Associate has received from the third party written assurances that (a) the information will be held confidentially and used or further disclosed only for the purposes for which it was disclosed to the third party or as Required By Law, (b) the third party will notify Business Associate of any instances of which it becomes aware in which the confidentiality of the information may have been breached, and (c) the third party has agreed to implement reasonable and appropriate steps to safeguard the information;. D. Engage in Data Aggregation activities, consistent with the HIPAA Privacy Rule; and. E. De-identify any and all PHI created or received by Business Associate under this Agreement, provided that the de-identification conforms to the requirements of the HIPAA Privacy Rule.. 4.Obligations of Business Associate. In connection with its Use or Disclosure of PHI, Business Associate agrees that it will:. A.Consult with Covered Entity before making the Use or Disclosure whenever Business Associate is uncertain whether it may make a particular Use or Disclosure of PHI in performance of this Agreement;. B.Ensure any employee, officer, contractor, subcontractor, or other agent of Business Associate who has access to PHI receives at a minimum annual privacy and security awareness training that conforms to the requirements of Covered Entity;. C.Develop and document policies and procedures and use reasonable and appropriate safeguards to prevent use or disclosure of PHI other than as provided by this Agreement;. D.To the extent practicable, mitigate any harmful effect of a Use or Disclosure of PHI by Business Associate in violation of this Agreement that is known or, by exercising reasonable diligence, should have been known to Business Associate;. E.Maintain a system or process to account for any Security Incident, Privacy Incident, or Use or Disclosure of PHI not authorized by this Agreement of which Business Associate becomes aware;. F.Notify Covered Entity within 24 hours of Business Associate s discovery any incident which may potentially be a data breach, including a HIPAA Electronic Transactions and Code Sets, Privacy, Security or Standard Identifier Incident, or Use or Disclosure of PHI, whether secured (PHI which has been destroyed or in the alternative has been rendered unreadable, unusable or undecipherable) or unsecured (PHI not secured through the use of a technology which renders it unusable, unreadable, or indecipherable through methodology specified by HHS in guidance issued under 13402(h)(2) of the HITECH Act), not provided for by this Agreement and promptly provide a report to Covered Entity within ten (10) business days of the notification;. (1) An incident will be considered any physical, technical or personal activity or event that increases risk of inappropriate or unauthorized use or disclosure of PHI or causes Covered Entity to be considered non-compliant with the HIPAA Privacy and Security Rules;. (2) A breach, as defined in 45 C.F.R. 164.402, is an unauthorized acquisition, access, use or disclosure of PHI in a manner not permitted under the HIPAA Privacy Rule which compromises the security or privacy of the PHI by posing a significant risk of financial, reputational, or other harm to the individual;. (3) A breach, consistent with 45 C.F.R. 164.410(a)(2), will be treated as discovered as of the first day on which such breach is known to Business Associate or, by exercising reasonable diligence, would have been known to Business Associate, or any employee, officer, contractor, subcontractor, or other agent of Business Associate;. (4) Notification will be made by Business Associate to the Director, Health Data & Informatics by telephone, 202-461-5839 or secure fax of any HIPAA Electronic Transactions and Code Sets, Privacy, Security or Standard Identifier Incident, or Use or Disclosure of PHI not provided for by this Agreement; and. (5) A written report of the incident, submitted to the Director, Health Data & Informatics within ten (10) business days after initial notification, will document the following:. (a). The identification of each individual whose PHI has been, or is reasonably believed by Business Associate to have been accessed, acquired, used, or disclosed during the breach;. (b). A brief description of what occurred, including the date of the breach and the date of the discovery of the breach (if known);. (c). A description of the types of secured and/or unsecured PHI that was involved;. (d). Any steps that Business Associate believes individuals should take to protect themselves from potential harm resulting from the breach;. (e). A description of what is being done to investigate the breach, to mitigate further harm to individuals, and the reasonable and appropriate safeguards being taken to protect against future breaches; and. (f). Any other information described in 45 C.F.R. 164.404(c);. (g). This report should be documented as a letter and sent to:. Director, Health Data & Informatics. Department of Veterans Affairs Veterans Health Administration. Office of Information (19F) 810 Vermont Avenue NW Washington, DC 20420 Phone: 202-461-5839 Fax: 202-273-9386. G.Implement administrative, physical, and technical safeguards and controls for the PHI that Business Associate receives, maintains, or transmits on behalf of Covered Entity, including policies, procedures, training, and sanctions, in compliance with Federal Information Security Management Act (FISMA), Pub. L. No. 107-347, 116 Stat. 2946 (2002); the HIPAA Privacy and Security Rules, 45 C.F.R. Parts 160, 162, and 164; standards and guidance from the Office of Management and Budget and the National Institute of Standards and Technology; and other laws, regulations, and policies pertaining to safeguarding VA Sensitive Data;. H.Require contractors, subcontractors, or other agents to whom Business Associate provides PHI received from Covered Entity to agree to the same restrictions and conditions that apply to Business Associate pursuant to this Agreement, including implementation of administrative, physical, and technical safeguards and controls, including policies, procedures, training and sanctions, in compliance with the above-referenced legal authorities;. I.If Business Associate maintains PHI in a Designated Record Set or Privacy Act System of Records, within ten (10) business days of receiving a written request from Covered Entity:. (1) Make available PHI in the Designated Record Set or System of Records necessary for Covered Entity to respond to individuals requests for access to PHI about them that is not in the possession of Covered Entity;. (2) Incorporate any amendments or corrections to the PHI in the Designated Record Set or System of Records in accordance with the Privacy Act and the HIPAA Privacy Rule; and. (3) Maintain the information necessary to document the disclosures of PHI sufficient to make an accounting of those disclosures as required under the Privacy Act, 5 U.S.C. 552a, and the HIPAA Privacy Rule, and within ten (10) days of receiving a request from Covered Entity, make available the information necessary for Covered Entity to make an accounting of Disclosures of PHI about an individual in the Designated Record Set or System of Records;. J.Utilize only contractors, subcontractors, or other agents who are physically located within a jurisdiction subject to the laws of the United States and ensure that no contractor, subcontractor, or agent maintains, processes, uses, or discloses PHI received from Covered Entity in any way that will remove the PHI from such jurisdiction. Any modification to this provision must be approved by Covered Entity in advance and in writing;. K.Provide satisfactory assurances that the confidentiality, integrity, and availability of the PHI provided by Covered Entity under this Agreement are reasonably and appropriately protected;. L. Upon completion or termination of the applicable contract(s) or agreement(s), return and/or destroy, at Covered Entity s option, the PHI gathered, created, received, or processed during the performance of the contract(s) or agreement(s). No data will be retained by Business Associate, or contractor, subcontractor, or other agent of Business Associate, unless retention is required by law or regulation and specifically permitted by Covered Entity. As deemed appropriate by and under the direction of Covered Entity, Business Associate shall provide written assurance that all PHI has been returned to Covered Entity or destroyed by Business Associate. If immediate return or destruction of all data is not possible, Business Associate shall notify Covered Entity and assure that all PHI retained will be safeguarded to prevent unauthorized Uses or Disclosures;. M.Be liable to Covered Entity for liquidated damages in the event of a data breach involving any PHI maintained or processed by Business Associate under this Agreement;. N.Be liable to Covered Entity for any civil or criminal penalties imposed on Covered Entity under the HIPAA Privacy and Security Rules in the event of a violation of the Rules as a result of any practice, behavior, or conduct by Business Associate;. O.For the purpose of determining compliance with this Agreement and underlying agreements, Business Associate will make available to Covered Entity its practices, policies and procedures; and. P.Make available to the Secretary of Health and Human Services Business Associate s internal practices, books, and records, including policies and procedures, relating to the Use or Disclosure of PHI for purposes of determining Covered Entity s compliance with the Privacy and Security Rules, subject to any applicable legal privileges.. 5.Obligations of Covered Entity. Covered Entity agrees that it:. A.Has obtained, and will obtain, from Individuals any consents, authorizations, and other permissions necessary or required by laws applicable to Covered Entity for Business Associate and Covered Entity to fulfill their obligations under this Agreement;. B.Will promptly notify Business Associate in writing of any restrictions on the Use and Disclosure of PHI about Individuals that Covered Entity has agreed to that may affect Business Associate s ability to perform its obligations under this Agreement; and. C.Will promptly notify Business Associate in writing of any change in, or revocation of, permission by an Individual to use or disclose PHI, if such change or revocation may affect Business Associate s ability to perform its obligations under this Agreement;. 6.Material Breach and Termination.. A. Termination for Cause. Upon Covered Entity s knowledge of a material breach by Business Associate, Covered Entity shall either:. (1) Provide an opportunity for Business Associate to cure the breach or end the violation;. (2) Terminate this Agreement and underlying contract(s) if Business Associate does not cure the breach or end the violation within the time specified by Covered Entity;. (3) Immediately terminate this Agreement and underlying contract(s) if cure is not possible; or. (4) If Business Associate has breached a material term of this agreement and neither termination nor cure is feasible, Covered Entity will report the violation to the Secretary of Health and Human Services.. B. Termination Upon Review. This Agreement may be terminated by Covered Entity, if appropriate, upon review as defined in Section 12 of this Agreement.. C. Automatic Termination. This Agreement will automatically terminate upon completion of the Business Associate s duties under all underlying agreements or by mutual written agreement to terminate underlying agreements.. D. Effect of Termination. Termination of this Agreement will result in cessation of activities by Business Associate involving PHI under this Agreement.. 7.Amendment. Business Associate and Covered Entity agree to take such action as is necessary to amend this Agreement for Covered Entity to comply with the requirements of the Privacy and Security Rules or other applicable law.. 8.No Third Party Beneficiaries. Nothing expressed or implied in this Agreement is intended to confer, nor shall anything herein confer, upon any person other than the parties and their respective successors or assigns, any rights, remedies, obligations, or liabilities whatsoever.. 9.Other Applicable Law. This Agreement does not and is not intended to abrogate any responsibilities of the parties under any other applicable law.. 10. Effect of Agreement. With respect solely to the subject matter herein, in the case of any conflict in terms between this Agreement and any other previous agreement or addendum between the parties, the terms of this Agreement shall control and supersede and nullify any conflicting terms as it relates to the parties. 11. Effective Date. This Agreement shall be effective on last signature date below.. 12. Review Date.The provisions of this Agreement will be reviewed by Covered Entity every two years from Effective Date to determine the applicability of the agreement based on the relationship of the parties at the time of review.. Department of Veterans Affairs COMPANY/ORGANIZATION. Veterans Health Administration By:. By:. Name:. Name: Title:. Title: Date:. Date: SOLICITATION PROVISIONS. 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JUN 2008). 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (APR 2010). 52.216-1 TYPE OF CONTRACT (APR 1984). 52.233-2 SERVICE OF PROTEST (SEP 2006). VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (JAN 2008). VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (JAN 1998). 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998). 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-- COMMERCIAL ITEMS (AUG 2009).
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