Q--Vet Center Consultant - CSS
Department of Veterans Affairs, Charleston VAMC | Published February 1, 2016 - Deadline February 16, 2016
This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.
(ii) The solicitation number is VA247-16-R-0268 and is issued as a Request for Proposal (RFP).
(iii) The provisions and clauses incorporated into this solicitation document are those in effect through Federal Acquisition Circular 2005-85 Effective: January 4, 2016. Provisions and clauses incorporated by reference have the same force and effect as if they were given in full text. The full text of the Federal Acquisition Regulations (FAR) and Veterans Affairs Acquisition Regulations supplement (VAAR) can be accessed on the Internet at https://acquisition.gov/far/ and http://www.va.gov/oal/library/vaar/index.asp.
(iv) This solicitation is issued as 100% Small Business Set-Aside. The North American Industry Classification System (NAICS) code is 621330, Offices of Mental Health Practitioners, (except Physicians), Psychiatric Clinical Consultant Services (size standard $7.5 M).
The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personnel services necessary to perform Psychiatric Clinical Consultant Services at Montgomery Vet Center (4405 Atlanta Highway, Montgomery, AL). For a performance period of twelve (12) months from date of award or until all hours have been exhausted, whichever occurs first plus four (4) option years.
MONTGOMERY VET CENTER
PERFORMANCE WORK STATEMENT
EXTERNAL CONSULTATION SERVICES (NONPERSONAL SERVICES)
1. GENERAL DESCRIPTION OF SERVICES. The Contractor shall provide clinical consultation services to Vet Center clinical staff providing counseling to veterans and their families. These services are performed for the Montgomery Vet Center, 4405 Atlanta Highway, Montgomery, AL 36109.
1.1. DESCRIPTION OF WORK.
1.1.1 Description of Services/Introduction. The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personnel services necessary to perform clinical consultation services as defined in the Performance Work Statement.
1.1.2 Background. The contractor shall provide clinical consultation services to Montgomery Vet Center counselors specifically related to the post military readjustment to civilian life.
1.2. Specific Tasks. Provides clinical consultation to Vet Center staff members that provide readjustment counseling for psychosocial difficulties related to post-war readjustment from military duty.
1.3 Basic Service. Duties and responsibilities of contractor included, but not limited to:
a. Provide clinical consultation in accordance with the requirements of the contract and VA authorization form (VAF 10-5565b).
b. Schedule the initial consultation session within 15 working days from the time the client receives authorization.
c. Conduct periodic evaluation of the quality and effectiveness of services provided.
***Note*** Contractors are specifically prohibited as followings:
1. Contractor will not actively outreach or solicit clients
2. Contractor will refrain at all times from personal, financial, or business relationships with clients, family members or significant others of such clients or former clients insofar as such personal relationships may compromise the professional neutrality and effectiveness of the counseling relationship. Contractor will adhere to the professional standards of their relevant licensing body.
1.4.1 The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with FAR Subpart 42.5. The contracting officer, COR and other Government personnel, as appropriate may meet periodically with the contractor to review the contractor's performance. At these meetings the contracting officer will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the government of any problems. Appropriate action shall be taken to resolve outstanding issues. Meetings shall be at no additional cost to the government.
The COR will be identified by separate letter and is responsible for monitoring all technical aspects of the contract. COR duties are outlined in the delegation memo issued by the Contracting Officer.
***NOTE*** The Contracting Officer is the only person authorized to change the terms and conditions to the contract.
2. WORK HOURS:
2.1 The Contractor shall meet with the clinical team bi-monthly for a minimum of two (2) hours per session not to exceed four (4) hours per month at the Montgomery Vet Center during business hours as follows:
7 am to 5:30 pm, Monday through Friday, excluding Federal Holidays or when the facility is closed due to local or national emergencies, administrative closings, or similar Government-directed facility closings. Scheduling shall be arranged at time of award with the contractor. When inclement weather, schedule conflicts or family emergencies make it impossible for the contractor to meet at the time, the Contractor shall be required to give at least two hour notice and seek to reschedule at the earliest possible date.
*NOTE: FEDERAL HOLIDAYs - The 10 holidays observed by the Federal Government include New Year's Day, Martin Luther King's Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus day, Thanksgiving Day, Veterans Day, Christmas Day, and any other day specifically declared by the President of the United States to be a Federal Holiday.
3. CONTRACT TERMS:
This contract is effective for the period of performance of 12 months from contract award or until the hours have been exhausted, whichever occurs first. The contract is subject to the availability of VA funding. No service shall be performed by the contractor beyond the contract expiration date unless specifically authorized to do so (in writing) by the Contracting Officer.
4. LOCATION OF WORK:
Work will be performed at the Montgomery Vet Center, Montgomery, AL.
5. OTHER REQUIREMENTS:
5.1. All services shall be performed in accordance with standards of The Joint Commission, Montgomery Vet Center, Montgomery AL policies and procedures, VA regulations, and Rules and Bylaws of the Vet staff.
5.2. The services specified herein may be changed by written modification to this contract. The modification will be prepared by the Contracting Officer, and will not become effective until after execution by both the Contractor and the Contracting Officer.
5.3. The Contract Provider shall be present and performing services at the Montgomery Vet Center, Montgomery, AL, for each scheduled tour of duty.
5.4. Contract Providers performing services under this contract shall not be considered VA employees for any purpose, and shall be considered employees of the Contractor or subcontractor.
The contractor is responsible to provide and fill for absent employee or otherwise provide coverage for absent contractor personnel.
Payment for any holidays and leave, including sick leave, shall not be paid by the VA.
5.5. The Contractor shall assume full responsibility for the protection of its personnel furnishing services under this contract. To carry out this responsibility, the contractor shall provide worker's compensation, Professional Liability Insurance, malpractice insurance, employee health/infection control program and appropriate immunizations, income tax withholding and social security payments for these personnel. The parties agree that the contractor, its employees, agents and subcontractors shall not be considered VA employees for any purpose. Although, in accordance with FAR 37.401(b), "The Government may evaluate the quality of professional and administrative services provided," the government retains no control over the medical, professional aspects of services rendered (e.g., professional judgments, and diagnosis for specific medical treatment). The Contractor shall maintain during the term of his contract liability insurance issued by a responsible insurance carrier of not less than $1,000,000 per specialty occurrence (see VAAR clause 852.237-7). At the request of the Contracting Officer, the Offeror shall furnish evidence of its insurability concerning this medical liability insurance requirement.
6.1. Contract Provider proposed by the contractor to perform the services covered in this contract shall have a master's degree, licensed in the State of Alabama and will be a Licensed Clinical Social Worker, Clinical Nurse, Licensed Psychiatrist, Licensed Nurse Practitioner, or a Licensed Professional Counselor. Experience in individual, group, and family counseling is preferred, with specific experience in diagnosis and treatment of Trauma and PTSD from combat and sexual assault.
6.2. External consultants providing services at the VA shall meet all qualifications outlined in the VA Credentialing and Privileging regulations in accordance with VHA Handbook 1500.01.
6.3. Offers will be considered only from offerors who are regularly established in the business called for and who, in the judgment of the Contracting Officer, are financially responsible and able to show evidence of their responsibility, ability, experience, equipment, facilities, and personnel directly employed or supervised by them to render prompt and satisfactory service in the volume required for all items under this contract. By the signing of this offer, the offeror is certifying that he/she shall meet all requirements of Federal, State, or local laws, codes, and/or regulations regarding the operation of this type of service.
6.4. Any sub-contractor(s) utilized by the contractor(s) for the provision of services required under this contract must meet the same qualifications specified herein for the contractor(s). The contractor(s) must obtain approval from the Contracting Officer with input from the COR (based on the selection process) for any sub-contractor(s) to be utilized for the provision of services required under this contract.
6.5. The Consultant shall possess basic proficiency in spoken and written English.
7. PERFORMANCE MEASURES:
7.1. Outcome. The contractor shall provide qualified personnel who shall fulfill the requirements of the contract to provide services that meet or exceed currently recognized standards as established by the JCAHO.
7.2. Standards. Performance standards define desired services. The Government performs surveillance to determine if the contractor exceeds, meets or does not meet these standards.
The Quality Assurance requirement includes performance standards. The Government shall use these standards to determine contractor performance and shall compare contractor performance to the Acceptable Quality Level (AQL). The services do not include direct client services, only consultation to staff that provide readjustment counseling for psychosocial difficulties related to post-war readjustment from military duty. Acceptable measures include: Attends Clinical meetings 2 times a month 90%, Competes HIPAA and VA Privacy training 100%; Clinicians are satisfied with quality of consultation 95%, Contractor will bill VA the Financial Service Center, monthly 100%. The contractor should coordinate with the COTR for assistance in facilitating referrals to VA medical providers.
7.3. How Measured. The Vet Center team and COR will monitor provider performance through surveying staff satisfaction with the quality of consultation and by logging contractor's attendance, invoicing and training.
7.3.1 The following ratings shall be used: The number of standards that are determined to be below target and the degree of standards below target determine the overall acceptability of performance.
a. ACCEPTABLE PERFORMANCE. The government shall document positive performance. Any report may become a part of the supporting documentation for any contractual action.
b. UNACCEPTABLE PERFORMANCE. When unacceptable performance occurs, the COR shall inform the contractor. This will normally be in writing unless circumstances necessitate verbal communication. In any case, the COR shall document the discussion and place it in the COR file.
When the COR determines formal written communication is required, the COR shall prepare the Contract Discrepancy Report (CDR), and present it to the contractor's program manager.
The contractor shall acknowledge receipt of the CDR in writing. The CDR will specify if the contractor is required to prepare a corrective action plan to document how the contractor shall correct the unacceptable performance and avoid a recurrence. The CDR will also state how long after receipt the contractor has to present a corrective action plan to the COR. The Government shall review the contractor's corrective action plan to determine acceptability.
Any CDRs may become part of the supporting documentation for any contractual action deemed necessary by the CO.
8. VA Information Security and HIPPA Privacy Act Requirements
8.1 General: Contractors, contractor personnel, subcontractor's personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.
8.2. Access to VA Information and VA Information Systems
a. A contractor/sub-contractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement or task order.
b. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directives and Handbook 0710, Personnel Suitability and Security Program. The office for Operations, Security, and Preparedness is responsible for these policies and procedures.
c. Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared US defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness.
d. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor prior to an unfriendly termination.
8.3. VA information Custodial Language
a. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d)(1)
b. VA information should not be co-mingled, if possible, with any other data on the contractor's/subcontractor's information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA's information is returned to the VA or destroyed in accordance with VA's sanitization requirements. VA reserves the right to conduct on-site inspections of contractor and subcontractor IT procedures are in compliance with VA directive requirements.
c. Prior to termination or completion of this contract, contractor/subcontractor must not destroy information received from VA, or gathered/created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of the VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, records and information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract.
d. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies, If Federal or VA information and 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 the contract.
e. The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operation state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed.
f. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition (FAR) part 12.403.
g. If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA handbook 1600.01, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship.
h. The contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated.
i. The contractor/subcontract's firewall and Web services security controls, if applicable, shall meet or exceed VA's minimum requirements. VA Configuration Guidelines are available upon request.
j. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to ta qualifying order of a court of competent jurisdiction, or (ii) with VA's prior written approval. The contract/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response.
k. Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C .5705, confidentiality of medical quality-assurance records and/or Title 38 U.S.C .7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests the VA contracting officer for response.
l. For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require C&A or an MOU-ISA for system interconnection, the
contractor/subcontractor must complete Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the COR.
8.4 SECURITY INCIDENT INVESTIGATION
a. The term "security incident: means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information , or an action that breaches VA security procedures. The contractor/subcontractor shall immediately notify the COTR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access.
b. To the extent known by the contractor/subcontractor, the contractor/subcontractor's notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant.
c. With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach. Notifications need to be made in accordance with the executed business associate agreement.
d. In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity of jurisdiction, including the VA OIG and Security and Law Enforcement. The contractor, its employees, and its subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to the incident.
9.1. The contractor/sub-contractors will complete the following training courses through the VA's Talent Management System (TMS). The two courses are VA-1-176 VA privacy and Information Security Awareness and Rules of Behavior, VA-10203 Privacy and HIPAA training. These two courses must be maintained current annually on or before the anniversary of the last time the course was completed.
9.2. The contractor shall provide the contracting officer and/or COR a copy of the training certificate. Failure to complete the mandatory annual training within the timeframe required may be subject suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete.
10.1. To ensure that the individuals providing services under this contract have not engaged in fraud or abuse regarding Sections 1128 and 1128A of the Social Security Act regarding federal health care programs, the contractor is required to check the Health and Human Service - Office of Inspector General, List of excluded individuals/entities on the OIG Website (http://exclusions.oig.hhs.gov) for each person providing services under this contract. Further the contractor is required to certify in its proposal that all persons listed in the contractor's proposal have been compared against the OIG list and are not listed. During the performance of this contract the Contractor is prohibited from using any individual or business listed on the List of Excluded Individuals/Entities.
11. HIPAA COMPLIANCE.
11.1. The Contractor must adhere to the provisions of Public Law 104-191, Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the National Standards to Protect the Privacy and Security of Protected Health Information (PHI). A business associate agreement is not required in this case.
12.1 Submit invoices monthly in arrears, not later than five (5) working days of the following month.
12.1.1 Reimbursement will only be made for authorized in-person counseling sessions.
12.1.2 Payment will only be made for services actually performed and in strict accordance with the schedule of price/cost at section B.3 of the contract.
12.1.3 Invoices will be addressed to Financial Management Services (FMS), Austin, Texas. Invoices will not be furnished to the VA client, beneficiary, the insurer or any third party.
12.2 Invoices shall include the following information:
a. Contract Number
b. Dates of Service
c. Name of Contractor
d. Line item number and description of service rendered. (Invoice must mirror the contract line item)
The estimated Performance Period is as follows:
Base Year: 02-25-2016 through 02-24-2017.
Option Year One: 02-25-2017 through 02-24-2018
Option Year Two: 02-25-2018 through 02-24-2019
Option Year Three: 02-25-2019 through 02-24-2020
Option Year Four: 02-25-2020 through 02-24-2021
Delivery FOB Destination to the Montgomery Vet Center, Montgomery, AL
The Government anticipates awarding a single firm fixed price contract resulting from this solicitation to the lowest priced technically acceptable offer that conforms to all solicitation requirements. Award without discussions is contemplated and all offerors are encouraged to submit their best offer with their initial submission. Submitted technical offers (not including separate pricing information) shall not exceed 25 single-sided pages and any pages beyond this amount will be removed and not evaluated.
As a minimum, offers must include-
1. Offerors must return provision 52.212-3 with their proposal. Offerors may either (1) complete all relevant portions of the provision or (2) complete paragraph (b) of the provision and indicate that it has completed official representations and certifications online at https://www.sam.gov. These pages will not be counted against the 25 page limitation of the submitted offer
2. Company name and phone number
3. Company point of contact name, email address and phone number
4. Company Mailing address and Remit to address, if different than mailing address
5. Acknowledgment of any Solicitation Amendments
6. Offeror's Federal Tax ID Number
7. Offeror's DUNS number
8. Business size
9. Equipment Place of Manufacture (include US city, state and ZIP+4; or foreign country)
10. Offeror must provide copies of licenses and certifications
11. A detailed statement regarding technical capabilities and qualifications, and any additional supporting literature.
The proposals will be evaluated based on lowest price technically acceptable proposals. All evaluation factors (core requirements) except price, are in effect, evaluated on a "Go, No Go" basis. Your proposal will either meet ALL core requirements or fail.
To be considered technically acceptable for award each offeror must provide the following items or information with their submitted quote/offer:
1. Technical Excellence and Management Capabilities:
a. Offeror shall provide documentation that confirms the company is registered in the System for Award Management (SAM) located at https://www.sam.gov (including their Online Representations and Certifications) and does not have any Active Exclusions that would make them ineligible for award.
b. Offeror shall provide 1 copy of the company's Business License and 1 copy of their Certificate of Insurance.
c. Offeror shall provide a written description in sufficient detail to allow the Government to ascertain the Offerors capability to meet, in addition to the items listed in the cost/price schedule, the requirements indicated in the SOW/Delivery Instructions and should include at a minimum the following information:
(1) Ability to meet the required delivery timeframes. Include a description of ability to respond to medical emergency requirement and include the minimum amount of time necessary to respond.
(2) Ability to meet compliance and regulation requirements.
(3) Quality control measures.
(4) Ability to supply/deliver all the items in the Schedule/Price list no later than
February 24, 2017.
2. Offeror shall submit a completed price that clearly indicates the unit price and total price for each line item identified in this solicitation. Base year and four options for a total of five years. Include the total of all annual costs on the final pricing sheet.
3. Past Performance: All offerors must have at least three years of past performance performing the type of work described in the Statement of Work/Delivery Instructions. To be considered relevant and recent, the past performance should be of a similar scope of this requirement and must have been recent (within the past three years). Each offeror must provide a list of the points of contact, and phone numbers of at least three references (government preferred) for past performance.
(End of Evaluation Criteria)
ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS
Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.
The following clauses are incorporated into 52.212-4 as an addendum to this contract:
52.252-2 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):
(End of Clause)
CONTRACT TERMS AND CONDITIONS-COMMERCIAL Date
52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS APR 2014
52.212-1 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER
COMMERCIAL AND GOVERNMENT ENTITY CODE
OPTION TO EXTEND SERVICES
INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS MAY 2011
52.224-1 MINIMUM WAGES UNDER EXECUTIVE ORDER 13658
PRIVACY ACT NOTIFICATION DEC 2014
52.232-18 PRIVACY ACT
AVAILABILITY OF FUNDS APR 1984
52.237-3 CONTINUITY OF SERVICES JAN 1991
52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
As prescribed in 17.208(g), insert a clause substantially the same as the following:
(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 66 months.
(End of clause)
52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR1984)
As prescribed in 32.706-1(b), insert the following clause:
Funds are not presently available for performance under this contract beyond 02/24/2017. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond 02/24/2017, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.
(End of clause)
852.203-70 COMMERCIAL ADVERTISING (JAN 2008)
The bidder or offeror agrees that if a contract is awarded to him/her, as a result of this solicitation, he/she will not advertise the award of the contract in his/her commercial advertising in such a manner as to state or imply that the Department of Veterans Affairs endorses a product, project or commercial line of endeavor.
(End of Clause)
852.203-71 DISPLAY OF DEPARTMENT OF VETERAN AFFAIRS HOTLINE POSTER (DEC 1992)
(a) Except as provided in paragraph (c) below, the Contractor shall display prominently, in common work areas within business segments performing work under VA contracts, Department of Veterans Affairs Hotline posters prepared by the VA Office of Inspector General.
(b) Department of Veterans Affairs Hotline posters may be obtained from the VA Office of Inspector General (53E), P.O. Box 34647, Washington, DC 20043-4647.
(c) The Contractor need not comply with paragraph (a) above if the Contractor has established a mechanism, such as a hotline, by which employees may report suspected instances of improper conduct, and instructions that encourage employees to make such reports.
(End of Clause)
852.237-7 INDEMNIFICATION AND MEDICAL LIABILITY INSURANCE (JAN 2008)
(a) It is expressly agreed and understood that this is a non- personal services contract, as defined in Federal Acquisition Regulation (FAR) 37.101, under which the professional services rendered by the Contractor or its health-care providers are rendered in its capacity as an independent contractor. The Government may evaluate the quality of professional and administrative services provided but retains no control over professional aspects of the services rendered, including by example, the Contractor's or its health-care providers' professional medical judgment, diagnosis, or specific medical treatments. The Contractor and its health-care providers shall be liable for their liability-producing acts or omissions. The Contractor shall maintain or require all health-care providers performing under this contract to maintain, during the term of this contract, professional liability insurance issued by a responsible insurance carrier of not less than the following amount(s) per specialty per occurrence: *_$1,000,000.00_. However, if the Contractor is an entity or a subdivision of a State that either provides for self-insurance or limits the liability or the amount of insurance purchased by State entities, then the insurance requirement of this contract shall be fulfilled by incorporating the provisions of the applicable State law.
(b) An apparently successful offeror, upon request of the Contracting Officer, shall, prior to contract award, furnish evidence of the insurability of the offeror and/or of all health- care providers who will perform under this contract. The submission shall provide evidence of insurability concerning the medical liability insurance required by paragraph (a) of this clause or the provisions of State law as to self-insurance, or limitations on liability or insurance.
(c) The Contractor shall, prior to commencement of services under the contract, provide to the Contracting Officer Certificates of Insurance or insurance policies evidencing the required insurance coverage and an endorsement stating that any cancellation or material change adversely affecting the Government's interest shall not be effective until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer. Certificates or policies shall be provided for the Contractor and/or each health- care provider who will perform under this contract.
(d) The Contractor shall notify the Contracting Officer if it, or any of the health-care providers performing under this contract, change insurance providers during the performance period of this contract. The notification shall provide evidence that the Contractor and/or health-care providers will meet all the requirements of this clause, including those concerning liability insurance and endorsements. These requirements may be met either under the new policy, or a combination of old and new policies, if applicable.
(e) The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts for health-care services under this contract. The Contractor shall be responsible for compliance by any subcontractor or lower-tier subcontractor with the provisions set forth in paragraph (a) of this clause.
(End of Clause)
852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)
The contractor shall obtain all necessary licenses and/or permits required to perform this work. He/she shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract. He/she shall be responsible for any injury to himself/herself, his/her employees, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by his/her employees fault or negligence, and shall maintain personal liability and property damage insurance having coverage for a limit as required by the laws of the State of California. Further, it is agreed that any negligence of the Government, its officers, agents, servants and employees, shall not be the responsibility of the contractor hereunder with the regard to any claims, loss, damage, injury, and liability resulting there from.
(End of Clause)
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (JAN 2016)
As prescribed in 12.301(b)(4), insert the following clause:
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)
(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).
__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
x (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note).
__ (5) [Reserved].
x (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).
__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).
x (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).
__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).
__ (10) [Reserved].
__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).
__ (ii) Alternate I (Nov 2011) of 52.219-3.
__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
__ (ii) Alternate I (JAN 2011) of 52.219-4.
__ (13) [Reserved]
__ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).
__ (ii) Alternate I (Nov 2011).
__ (iii) Alternate II (Nov 2011).
__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
__ (ii) Alternate I (Oct 1995) of 52.219-7.
__ (iii) Alternate II (Mar 2004) of 52.219-7.
x (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).
_ (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637(d)(4)).
__ (ii) Alternate I (Oct 2001) of 52.219-9.
__ (iii) Alternate II (Oct 2001) of 52.219-9.
__ (iv) Alternate III (Oct 2015) of 52.219-9.
__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).
__ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).
__ (20) 52.219-16, Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).
x (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).
__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).
__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).
x (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
x (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2016) (E.O. 13126).
x (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
x (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).
x (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).
x (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
x (31) 52.222-37, Employment Reports on Veterans (OCT 2015) (38 U.S.C. 4212).
x (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
__ (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).
__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
__ (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
__ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (36)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Oct 2015) of 52.223-13.
__ (37)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun 2014) of 52.223-14.
__ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).
__ (39)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun 2014) of 52.223-16.
x (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).
__ (41) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).
__ (42)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
__ (ii) Alternate I (May 2014) of 52.225-3.
__ (iii) Alternate II (May 2014) of 52.225-3.
__ (iv) Alternate III (May 2014) of 52.225-3.
__ (43) 52.225-5, Trade Agreements (NOV 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
x (44) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
__ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
__ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
__ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
__ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
__ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
__ (50) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) (31 U.S.C. 3332).
x (51) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).
__ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
__ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
__ (54)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).
__ (ii) Alternate I (Apr 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
_ x (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).
__ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).
__ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
__ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).
__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).
__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).
__ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.
(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)
(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).
(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(viii) 52.222-37, Employment Reports on Veterans (Oct 2015) (38 U.S.C. 4212)
(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).