2 THIS IS A SOURCES SOUGHT NOTICE (a) The Government does not intend to award a contract on the basis of this Sources Sought or to otherwise pay for the information solicited. (b) Although proposal, offeror, contractor, and offeror may be used in this sources sought notice, any response will be treated as information only. It shall not be used as a proposal. (c) Any information received from a contractor in response to this Sources Sought may be used in creating a solicitation. Any information received which is marked with a statement, such as proprietary or confidential, intended to restrict distribution will not be distributed outside of the Government, except as required by law. (d) This Sources Sought is issued for the purpose of collecting information about the availability of the desired services listed within the Draft-Statement of Work (SOW). (e) Contractors that feel they have an equal product are encouraged to email full information to Charles Simon at
[email protected]. Contractors shall identify the FSC and NAICS code for the product being offered as well as their size status. Contractors shall include the terms and conditions of the warranty for all proposed equal products. Draft-Statement Of Work Health Technician for VA Palo Alto Health Care System s Homeless Veterans Rehabilitation Program 1.0 General Information. The Veterans Affairs Palo Alto Health Care System (VAPAHCS) requires a full-time Contractor to provide a health technician to perform direct care services primarily in the Homeless Veterans Rehabilitation Program (HVRP) at the Domiciliary located at Menlo Park Division (MPD) of the VAPAHCS at 795 Willow Road, Building 347, Menlo Park, California, 94025. 1.1 General Tasks. The Contractor shall serve primarily as a Health Technician (HT) in HVRP, a 6-month, 70-bed residential rehabilitation treatment program. They may also be assigned on an as need basis to provide clinical coverage for the First Step Program (FSP), a 3-month, 30 bed, substance abuse residential rehabilitation program, also located at MPD. The HT shall focus on conducting psychoeducational groups, individual counseling and other program responsibilities. The HT shall work closely with the HVRP Program Manager and interdisciplinary treatment team. The HT should also possess basic computer skills, including word processing and spreadsheet skills. 2.0 Work Schedule. The contractor will work 40 hours per week, or as agreed upon by the site and the registry agency. The usual schedule will be evenings (3:30pm-midnight) and/or nights. 2.1 Different hours and weekend hours may be needed to accommodate program needs, but the total hours worked per week will be 40. 2.2 The HT may be assigned to perform services on Federal holidays. Holidays are identified as the following Federal holidays are observed by the United States Government New Year s Day, Martin Luther King Day, President s Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, Christmas Day, and any other specifically declared by the President of the United States. When a holiday falls on a Sunday, the following Monday will be observed as a legal holiday. When a holiday falls on a Saturday, the preceding Friday is observed by U.S. Government agencies. 3.0 Period of Performance. The contract shall be for a period of (12) twelve months. 4.0 Scope of Work 4.1 Orientation. The contractor will learn about HVRP, FSP, and the Domiciliary Service by reviewing program information, shadowing existing program staff, reviewing Domiciliary Service Policies and Procedures, and through participation on the interdisciplinary treatment team. 4.2 Direct Client Care. 4.2.1 The HT will facilitate or co-facilitate the daily community meeting and/or evening community meeting depending on work schedule. 4.2.2 The HT will facilitate or co-facilitate clinical groups and classes, using the existing class format, on topics such as communication skills, problem solving, relapse prevention, 12-step facilitation, process groups, and emotion regulation. The HT will be assigned group(s) to co-facilitate based on program need and clinical expertise 4.2.3 The HT will meet with Veterans individually to provide counseling and coaching. Focus of counseling will be problem solving, identifying treatment goals, and assisting Veterans with treatment contract completion. HT anticipated to meet with at least 3-5 individual Veterans per week. 4.3 Treatment Team Participation. The HT will attend all required staff meetings, including daily staff meetings, twice monthly HT/Addiction Therapist meetings, monthly Domiciliary Service meetings and other meetings as assigned. This includes sharing responsibility for facilitating the treatment team meeting, taking meeting minutes, and providing input into treatment team discussions. 4.4 Documentation. 4.4.1 The HT will complete all required clinical documentation. Typical documentation includes treatment progress notes, treatment plans, notes indicating treatment plan change, and other clinical notes as needed. 4.4.2 The HT will complete daily pass down log for his/her shift. This includes the pertinent medical and clinical information from a particular shift. 4.5 Program Evaluation/Program Development. The HT may assist with data entry and data collection in support of compliance with all accrediting bodies (e.g. Joint Commission, Commission on Accreditation of Rehabilitation Facilities) and VA policy and procedures. Other Program Responsibilities/Shift Specific Responsibilities. The contractor will complete all other duties required of HVRP HT Staff. Specific duties include, but are not limited to: completing building rounds per program policy, conducting observed urine drug screens, transporting urine drug screens to the lab for processing, conducting room searches for contraband per program policy, conducting safety drills for community residents and staff per program policy, submitting work orders to address building maintenance issues, regular communication with nursing and other clinical staff throughout the shift, speaking directly to nursing or the HT assigned to the next shift before ending shift and completion of electronic Patient Event Reports (ePERs). 4.7 Interpersonal Effectiveness. The HT will work effectively with Veterans, VA volunteers, staff, and other health care providers as measured by absence of written complaints. They will follow VA s Code of Conduct. 4.7 Completion of VA Annual Mandatory Trainings. VA Privacy and Information Security Awareness; Emergency Preparedness; Hazardous Materials; Infection Control; Privacy and Health Insurance Portability and Accountability Act (HIPPA) Training; Safety; Security; Compliance and Business Integrity; Green Environmental Management System (GEMS); Medical Equipment Management; Utilities Management; Staff and Patient Boundaries; Compliance and Business Integrity (CBI ) Awareness; Prevention of Workplace Harassment/No FEAR. 4.7.1The Compliance and Business Integrity Training & Education Contract (Revenue Cycle) Employees includes the following training: 4.7.1.1 Awareness Training: Contractor employees shall complete initial compliance awareness training under this contract as well as complete annual compliance awareness refresher training in the Talent Management System. 4.7.1.2. Remedial Training: When notified, contract employees must complete remedial training and education to address any detected compliance exceptions. 4.7.1.3 Proof of Training: Contract employees are responsible for submitting proof of awareness and remedial training completed to the Contracting Officer s Technical Representative (COR) for this contract. The COR will retain proof of training in accordance with applicable Records Control Schedule. 4.8 Participation in Scheduled Meetings to Review and Evaluate Services Provided. The HT meets with Contracting Officer s Representative (COR) at her request on at least a bi-annual basis to review and evaluate services provided. 5.0 Contractor s Staffing Requirement, Qualifications and Required Training. 5.1 Contractor personnel performing under this contract shall meet or exceed recognized National Standards as established by the Joint Commission and shall perform the services in accordance with the ethical, professional, and technical standards of the VA. 5.2 Contractor personnel shall perform services in accordance with ethical, professional, and technical standards of the healthcare industry consistent with VA policy, regulations, procedures and protocol. Contractor personnel shall be technically proficient in the skills necessary to fulfill the requirements stated herein including the ability to understand, speak, read and write the English language. 5.3 Education. Certification in Addiction Studies and/or Certification in Drug and Alcohol Counseling strongly desired but not required. 5.4 Experience. At least 1 year experience working with homeless individuals and/or individuals with substance use disorders (SUD). 5.5 Training. Documentation verifying the content of training, qualifications, etc. shall be given to the COR as soon as possible after award of contract. COR will review this documentation and she or designated staff may contact the contractor s employee for an interview to ensure clinical fit with the program. The COR will confirm with contractor if the employee provided is acceptable. If they are not acceptable, the contractor will need to provide another employee for the COR to consider. Security clearance for any contractor personnel will not begin until the COR approves them as acceptable. 5.6 All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and its systems. The COR will be responsible for ensuring and documenting that this requirement is satisfied. 5.6.1 Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, Appendix E relating to access to VA information and information systems. 5.6.2 Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training. 5.6.3 Successfully complete the appropriate VA privacy training and annually complete required privacy training. 5.6.4 The Contractor shall provide to the COR a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee within one week of the initiation of the contract and annually thereafter, as required. 5.6.5. Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for 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. 6.0 HT s Knowledge and Abilities. The HT shall have or possess: 6.1 Knowledge of behavior patterns common to persons who have experienced homelessness and/or to persons diagnosed with a SUD. 6.2 Ability to work with patients and families who are experiencing a variety of psychiatric, medical, and social problems utilizing individual, group, and family counseling skills. 6.3 Knowledge of patients' rights particularly in the area of confidentiality and release of information. 6.4 Knowledge of counseling techniques and their application in rehabilitation. In addition, the contractor must have knowledge and understanding of problems common to SUDs and/or homelessness. 6.5 Ability to establish and maintain effective working relationships with clients, staff, and representatives of community agencies. Ability to communicate effectively, both orally and in writing, with people from varied backgrounds. 6.6 Basic skill in the use of computer software applications for drafting documents, data management, and tracking. Ability to learn and utilize software programs in use by VA (e.g. Computerized Patient Record System, Mental Health Suite, Microsoft Word, Outlook, Vista, Excel, etc.) 6.7 Knowledge of community resources, how to make appropriate referrals to community and other governmental agencies for services, and ability to coordinate services. 7.0 Customer Service. 7.1 Contractor personnel meets the needs of customers while supporting the VA mission. 7.2 Contractor personnel consistently communicates and treats customers (Veterans, their representatives, visitors, and all VA staff) in a courteous, tactful, and respectful manner. 7.3 Contractor personnel provides the customer with consistent information according to established policies and procedures. 7.4 Handles conflict and problems in dealing with the consumer constructively and appropriately. 8.0 Age, Developmental, & Cultural Needs of Patients. 8.1 The age of patients treated and cared for are between the ages of 18-60 years of age .The position requires contractor personnel to possess or develop an understanding of the particular needs of these types of patients. Sensitivity to the special needs of all patients in respect to age, developmental requirements, and culturally related factors must be consistently achieved. 8.2 The social worker takes into consideration age-related differences of the various Veteran populations served. 8.2.1 Young adults (20-40), in general, have normal physical functions and lifestyles. They will establish relationships with significant others and are competent to relate to others. 8.2.2 Middle age people (40-65) are those who may have physical problems and may have changes in lifestyles because children have left home or there is a change in occupation goals. 8.2.3 Older adults (65-75) are those who may be adapting to retirement and changing physical abilities. Chronic illnesses may also develop. 8.2.4 Middle older adults (75-85) are those who may be adapting to the decline in speed of movement, reaction time and sensory abilities. Also, these individuals may have an increased need to depend on others. 8.2.5 Old Adults (85 and over) are those with increasing physical problems. 9.0 VAPAHCS Rights of Refusal 9.1 VAPAHCS reserves the right to refuse to accept any contractor employee who fails to perform in accordance with the contract requirements, or who fails to adapt to the VAPAHCS work environment. 9.2 VAPAHCS reserves the right to refuse or dismiss contract personnel whose personal or professional conduct jeopardizes patient care or the regular and ordinary operation of the facility. Reasons for refusal or dismissal include, but are not limited to, unsatisfactory performance prior to and/or during the term of the contract, failure to receive favorable adjudication during a VA background investigation, failure to satisfy the requirements of the contract, physical or verbal abuse to patients, staff, or visitors, intoxication or debilitation resulting from drug use, theft, patient abuse, dereliction or negligence in performing directed tasks, ethical misconduct, conduct resulting in formal complaints by patients or other staff members, and any other valid reason considered objectionable. 10.0 Contractor s Quality Control Plan (QCP). 10.1 The Contractor shall establish a complete quality control (QC) program that insures all requirements are provided as specified in all sections of this contract. One copy of the Contractor s QCP shall be provided to the COR for review prior to contract performance. The contractor s QCP shall include but not be limited to the following: 10.1.1 A statement describing how the contractor will meet the basic requirements of this contract (i.e. staffing levels, time to respond to an incident, equipment requirements) shall be provided to COR 15 days after effective date of Contract award and whenever there are major turnover of personnel. A major turn-over would be determined by the COR. 10.1.2 A method for identifying deficiencies in the quality of services performed before the performance deficiency becomes unacceptable. 10.1.3 A method of recording or logging the daily activities of the contractor, which would demonstrate the contractor's ability to maintain the minimum requirements of this contract. 10.2 The Government will monitor the contractor's performance using the contractor s QCP and the Government s Quality Assurance Surveillance Plan (QASP) as established by the COR. 10.3 The Contractor shall provide monthly QC assurance report. It shall include the results of the reviews, identification of problems and a plan of correction. 11.0 Quality Assurance Monitoring. The COR or designated representative will monitor the contractor s performance to assure that the performance thresholds and standards of performance are met in accordance with the statement of work and the Quality Assurance Surveillance Plan (QASP). In accordance with FAR 52.212-4 (a) Inspection/Acceptance the Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The COR may require replacement of nonconforming contract staff or re-performance of nonconforming services at no increase in contract price. 11.1 The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance standards describe the minimum acceptable level of the service required for each task. These thresholds are critical to mission success. 11.2 The COR will evaluate the services required by each task order to ensure compliance. 11.2.1 The contractor personnel shall perform all work required in a satisfactory manner in accordance with the statement of work (SOW). The COR will not consider work to be completed until all deficiencies have been corrected. 11 .4 The COR will receive complaints from facility personnel and pass them on to the contractor s quality inspector for correction. 12.0 Government Furnished Property: 12.1. The government shall furnish equipment and supplies required for performance under this contract at the VA facility with the exception of a vehicle. 12.2. Contract personnel shall be responsible for requesting necessary supplies and be responsible for the routine maintenance of government furnished equipment. 13.0 Security Requirements. The security requirements do apply and a Security Accreditation package is required. 13.1 The contractor, their personnel, and their subcontractors shall be subject to the Federal laws, regulations, standards, and VA Directives and Handbooks regarding information and information system security as delineated in this contract. 13.2 Privacy Act. Contractor personnel shall be responsible for safeguarding all confidential information. The Contractor shall keep all information confidential pursuant to, and comply with all provisions of, the Privacy Act of 1974, HIPAA, the Freedom of Information Act, M-1, Part 1, Chapter 9 and other VA regulations. 13.3 Additional information to identify the patient and type of document will be provided by the COR or designated representative as needed. Violation of the Privacy Act of 1974 may involve the imposition of criminal penalties. contractor personnel shall protect against loss or misuse of all information and documents. Contractor personnel shall insure the confidentiality of all patient information, and shall be held liable in the event of breach of confidentiality. 13.4 Contractor personnel shall ensure the confidentiality of all patient and provider information. Contractor personnel shall not retain information longer than herein required sensitive or patient identifying data and shall comply with all directives and regulations pertaining to the Privacy Act of 1974, Freedom of Information Act, and VA Manual M-1, Par, Chapter 9. Contractor and all contract employees shall be required to sign confidentiality statements. 13.6 Computer Security. Contractor personnel shall protect printed and electronic files containing sensitive data in accordance with the provisions of the Privacy Act of 1974 and other applicable laws, Federal regulations, VA statutes and policy, and VHA policy. 13.6.1 Contractor personnel shall protect data from unauthorized release or from loss, alteration, or unauthorized deletion and adhere to applicable regulations and instructions regarding access to computerized files, release of access codes, etc. 13.6.2 Contractor personnel shall use word processing software to execute several office automation functions such as storing and retrieving electronic documents and files; activating printers; inserting and deleting text, formatting letters, reports, and memoranda; and transmitting and receiving e-mail. 13.6.3 Contract personnel shall maintain, access, release, and otherwise manage the information contained on VA information/computer systems in accordance with all VA/VHA security policies, applicable VA confidentiality statutes (Title 38 U.S.C. Section 5701 and Title 38 U.S.C Section 7332) and the respective regulations implementing these statutes, and Federal statutes and/or regulations applicable to Federal agency records. Copies of this information discussed in the aforementioned paragraphs can be provided to the Contractor and contract personnel upon request. 13.6.4 Contractor personnel shall use the Veterans Health Information and Technology Architecture (VistA) to access information in the Medical Center Computer System. 13.6.4.1 VistA access codes are confidential and are to be protected by the end user. Sharing of these access codes or misuse of VA information/computer systems is a Federal crime and may result in criminal penalties. When contract personnel no longer provides services to VA under the contract or no longer needs access to VA information systems, the Contractor shall immediately inform the COR so that the appropriate contract person s access codes can be deactivated. The COR will be responsible for ensuring that such access codes are deactivated. 13.7. Contract personnel with access to VA information/computer systems shall take reasonable safeguards, both physical and electronic, to safeguard the information and prevent unauthorized disclosures. Should contract personnel know, or suspect, that VA information/computer security was compromised or that VA information was, or could possibly be, disclosed to an unauthorized party, contract personnel must immediately report such knowledge or suspicion to the COR, who will then immediately notify the appropriate VA officials. 13.8. The Contractor shall make its internal policies and practices regarding the safeguarding of medical and/or electronic information available to VA, and any other Federal agencies with enforcement authority over the maintenance and safeguard of such records, upon request. 13.9 The Contractor shall follow all of the previously mentioned statutes and respective regulations implementing these statutes as well as VA Directive 6504 - Restrictions on Transmission, Transportation and Use of, and Access to VA Data Outside a VA Facility, VA Directive 6601 Removable Storage Media, and any other VA/Veterans Health Administration (VHA) policies and procedures governing the information discussed in this section of the contract. Copies of the information discussed in the aforementioned paragraphs may be viewed by contract personnel in the Office of Information Security (see the Information Security Officer). 13.10. Any changes in the laws, regulations, or VA/VHA policies or procedures governing the information covered by this section of the contract, during the term of this contract, shall be deemed to be incorporated into this contract. 13.11 Security Incident Investigation. The term security incident means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/subcontractor shall immediately notify the COR and simultaneously, the designated Information Safety Officer (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. 13.12 Liquidated Damages for Data Breach: 13.12.1 Consistent with the requirements of 38 U.S.C. §5725, a contract may require access to sensitive personal information (SPI). If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract. 13.12.2 Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the VA liquidated damages in the amount of $37.50 per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following: 13.12.2.1 Notification. 13.12.2.2 One year of credit monitoring services consisting of automatic daily monitoring of at least three relevant credit bureau reports. 13.12.2.3 Data breach analysis. 13.12.2.4 Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution. 13.12.2.5 One year of identity theft insurance with $20,000.00 coverage at $0 deductible. 13.12.2.6 Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs. 13.13 All contractor personnel, who require access to Department of Veterans Affairs (VA) computer systems and will work more than six (6) months (180 days) under this contract, shall be the subject of a background investigation and must receive a favorable adjudication from the VA SIC.  This requirement is applicable to all subcontractor personnel requiring the same access.  If the investigation is not completed prior to the start date of the contract, the contractor will be responsible for the actions of those individuals they provide to perform work for VA. 13.14 Position Sensitivity - The position sensitivity has been designated as Low Risk 14.15 Background Investigation - The level of background investigation commensurate with the required level of access is NACI 13.16 Contractor Responsibilities. In order to conduct a background investigation the contractor shall submit or have their contract personnel submit the following required forms to the COR. The COR will arrange a time for contract personnel to complete fingerprint verification. 13.16.1. Standard Form 85, Questionnaire for Non-Sensitive Positions 13.16.2. Standard Form 86A, Continuation Sheet for Questionnaires 13.16.3. Optional Form 306, Declaration for Federal Employment 13.16.4. Electronic Fingerprint Verification OR FD 258, U.S. Department of Justice Fingerprint Applicant Chart 14.0 Access to VA Information and VA Information Systems 14.1. A contractor/subcontrator 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. 14.2. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures. 14.3. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor s employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination. 15.0 VA Information Custodial Language 15.1. 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). 15.2. Prior to termination or completion of this contract, contractor/subcontractor must not destroy information received from VA, or gathered/created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract. 15.3. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract. 15.4. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12. 15.5. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA s prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response. 16.0 Handling of Records 16.1 All records will remain the property of the VA under their exclusive control. Control and jurisdiction of the patient shall remain with the VA. All documentation shall be completed in accordance with VAPAHCS policy and procedures. 16.2 By performing services under this contract, the Contractor is considered part of the VA healthcare activity for purposes of the following statutes and respective regulations implementing these statutes: Title 5 U.S.C Section 552a (Privacy Act), Title 38 U.S.C. Section 5701, Title 38 U.S.C. Section 5705, Title 38 U.S.C Section 7332, and Public Law 104-191 (HIPAA). Contract personnel shall have access to patient medical records and general files only to the extent necessary to perform their contractual duties. Contract personnel shall only release medical information obtained during the course of this contract to those VA medical staff members involved in the necessary care and treatment of the individual patient in which the information pertains. Notwithstanding any other clause and/or provision of this contract, if a request for release or disclosure of information is not necessary for the care and treatment of an individual patient, the contractor and contract personnel shall not disclose any information contained in general files, patient records, and/or any other individually identifiable health information, including information and records generated by the contractor in performance of this contract, except pursuant to explicit instruction and written approval from VA. For the purposes of this paragraph, instruction to disclose or copy such records and/or information may only be provided by the following: VA Regional Counsel and Chief, Health Information Management Service/Privacy Officer through the VA Contracting Officer. Violation of the aforementioned statutes may result in criminal and/or civil penalties. 16.3 Contract personnel who obtain access to hardware or media which may manipulate or store drug or alcohol abuse data, sickle cell anemia treatment records, records or tests or treatment for or infection with HIV, medical quality assurance records, or any other sensitive information protected under the statues and implementing regulations previously mentioned in paragraph 16.2, above, shall not have access to the records unless absolutely necessary to perform their contractual duties. Any contract person who has access to the previously mentioned data and/or information must not disclose it to anyone, including other contract personnel not involved in the performance of the particular contractual duty for which access to this data and/or information was obtained. 16.4 Information or records accessed and/or created by contractor personnel in the course of performing services under this contract are the property of the VA and shall not be accessed, released, transferred, or destroyed except in accordance with applicable federal law, regulations, and/or VA/VHA policy. Contractor personnel will not copy information contained in VA information systems, either by printing to paper or by copying to another digital format, without the explicit instruction and written approval from of the officials listed in paragraph 18.1., above, except as is necessary to make single copies in the ordinary course of providing patient care. The Contractor will not commingle the data from VA information systems with information from other sources. Contractor shall report any unauthorized disclosure of VA information to the officials listed in paragraph 16.2, above. 16.5. If this contract is terminated for any reason, the Contractor will provide VA with all individually identifiable VA patient treatment records or other information in its possession, as well as any copies made pursuant to paragraph 16.4, above, within seven (7) calendar days of the termination of this contract. 16.6. Contractor personnel shall follow all of the previously mentioned statutes and respective regulations implementing these statutes as well as VHA Handbook 1605.1 - Privacy and Release of Information and any other VA/VHA policies and procedures governing the information discussed in this section of the contract. Copies of the information discussed in the aforementioned paragraphs may be viewed by contract personnel in the Office of Health Information Management (see the Privacy Officer). All contract personnel with access to any of the previously mentioned records (electronic or paper) will be required to complete VHA Privacy Policy Training before accessing such record systems. This training must also be completed annually. The COR will be responsible for ensuring and documenting that this requirement is satisfied. 16.7. Any changes in the laws, regulations, or VA/VHA policies or procedures governing the information covered by this section of the contract, during the term of this contract, shall be deemed to be incorporated into this contract. 16.8. VA has unrestricted access to the records generated by the contractor pursuant to this contract. 17.0 HIPAA Compliance. Under HIPAA Privacy and Security Rules, the Contractor providing services under this contract is considered to be a covered entity, and thus is not required to enter into a Business Associate Agreement with VA. However, the Contractor must observe Public Law 104-191 and all respective regulations implementing this law while providing services under this contract. 18.0 Health and Safety. Contractor personnel shall: 18.1 Foster a high profile of the VA Occupational Safety and Health Program by assuring employee awareness of potential safety hazards, promptly reporting injuries and effecting corrective actions necessary to eliminate safety and health hazards in the work area. 18.2 Use appropriate equipment and supplies. 18.3 Maintain safe and orderly work areas. 18.4 Report any and all injuries or accidents to COR and fill out appropriate forms. 18.5 Follow Life Safety Management (fire protection) procedures. 18.6 Report safety hazards, accidents and injuries to COR within 24 hours of occurrence. 18.7 Review and adhere to hazardous materials (Material Safety Data Sheets) and waste management protocols as required. 18.8 Follow Emergency Preparedness plans. 18.9 Follow security policies/procedures. 18.10 Comply with Federal, State and Local environmental regulations and other requirements preventing pollution, minimizing waste, and conserving cultural and natural resources. 18.11 Use infection control practices for disease prevention (i.e. hand washing, universal precautions and isolation procedures. 18.12 Provide evidence of Tuberculin (TB) inoculation prior to start of work. 19.0 Environment of Care. 19.1 Contractor personnel shall implement and monitor OSHA goals for Life Safety Management, health and the environment procedures. 19.2 Contractor personnel shall implement, monitor and review hazardous materials via Material Safety Data Sheets (MSDS), waste management and fire protection. 19.3 Contractor personnel shall implement and monitor Emergency Preparedness plan. 19.4 Contractor personnel shall implement and monitor security policies and procedures. 19.5 Contractor personnel hall implements and monitor compliance with Federal, State and Local environmental and other requirements preventing pollution, 20.0 Infection Control. Contractor personnel shall implement and monitor infection control practices for disease prevention (i.e. hand washing, universal precautions/isolation procedures, including TB requirement/precautions. 21.0 Universal Precautions. By signing this instrument, the contractor certifies that all contractor employees assigned to work for the VAPAHCS are current in Universal Precautions and are aware of pertinent OSHA and Universal Precautions Regulations. 22.0 Identification, Parking, Smoking, and VA Regulations. Contractor personnel shall wear visible identification, provided by the VAPAHCS, at all times while on the VAPAHCS premises. It is the responsibility of the contractor personnel to park in the appropriate designated parking areas. Information on parking is available from the VA Police. The VAPAHCS will not invalidate or make reimbursement for parking violations of contractor personnel under any conditions. Smoking is prohibited inside any buildings at the VAPAHCS. Possession of weapons, illegal drugs or alcohol is prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VAPAHCS regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court. 23.0 Emergency Health Services. The VAPAHCS will render emergency health services for an incapacitating injury or otherwise serious illness occurring while on duty. All services, to include wages earned during period of initial medical evaluation provided by the VAPAHCS, will be reimbursed by the Contractor. The Contractor will furnish the VAPAHCS with the necessary injury/illness form(s) for reporting purposes. The VAPAHCS for statistical and/or billing purposes will retain a copy of the complete form(s). 24.0 Responsibility. The Government may evaluate the quality of professional and administrative services provided, but retains no control over the medical, professional aspects of services rendered (e.g., professional judgments). 25.0 Liability and Insurance. 28.1 Liability for damages resulting from the official conduct of contractor personnel providing services under this contract shall be governed by applicable federal laws, rules and regulations. Such damages might include, but are not limited to loss of equipment or property and for personal injury or death. Tort Claims against the government under this contract shall be filed in accordance with the Federal Tort Claims Act, 28 U.S.C. 2671-2680. 28.2 Contractor shall provide worker s compensation, professional liability insurance, health insurance, and Federal and State income tax withholding and any other employee requirements mandated by local, state and federal law or agencies. 26.0 Organizational Relationship. 29.1 The Parties agree that contractor personnel working under this contract shall not be considered Government employees. 29.2 Contractor personnel shall work under the direction of the Chief, Domiciliary Service and/or Designee. 29.3 Contractor personnel shall act in a thoroughly professional manner at all times. They shall work in harmony with other members of the professional and technical staff, in keeping with the established patterns of interaction at the VAPAHCS. Tact and courtesy are mandatory when interacting with patients and staff. 27.0 Designation of Contracting Officer Representative (COR). 30.1 The Contracting Officer (CO) will appoint a Contracting Officer Representative (COR) to perform tasks related to the execution and surveillance of this contract. The COR will be designated to represent the CO in furnishing technical guidance and advice under this contract. The foregoing is not be construed as authorization to interpret or furnish advice and information to contractor relative to the financial or legal aspect of the contract. Those matters are the responsibility of the CO and shall not be delegated. 30.2 The CO is responsible for the administration of this contract. The CO is the only individual authorized, to extent indicated in this contract, to take actions on behalf of the Government, which may result in changes in the contract terms, to include deviation from the statement of work, details, and performance schedules. Communications pertaining to contractual matters shall be addressed to the CO. No changes in or deviation from the scope of work shall be affected without a written modification to the contract executed by the CO. No oral statements of any person whosoever will in any matter or degree, modify or otherwise affect the terms of this contract. 30.3 The contractor will receive a copy of Delegation Letter which will identify the COR appointed by the CO. 30.4 The COR will be Cecilia Alcaraz, Administrative Specialist, Domiciliary Service. Contract compliance will be monitored by the COR and clinical performance will be monitored by the Program Manager. 28.0 Payments and Invoicing 31.1 In order to adequately document services provided under this contract, the COR or a designee will collect and manage data related to contract costs and performance. The COR/designee is responsible for certifying invoices for services provided. All invoices shall be sent to the VA facility for certification before being sent to Austin for payment. A system for clear and accurate documentation of hours worked for billing purposes will be established with agreement between the COR/designee and the Vendor. 31.2 Billing/Invoicing: The Contractor shall submit invoices on a monthly basis in the arrears. All invoices shall include Contract number, Purchase Order number, Order Date, Period of Performance, and Description of Services (which should include the number of hours worked). Invoices shall provide significant detail to enable reconciliation. Billing is mandated to submit electronic invoices via OB10. 31.3 Once awarded, the contractor shall register with OB10 to submit invoices timely and accordingly. Instructions will be provided in the award letter/email/contract from the CO. First time users should heed the warning that this process is lengthy and detailed. 31.4 Adhere to the instructions stated on the Continuation sheet of the SF1449 and VAAR Clause 852.232-72 Electronic Submission of Payment Requests (NOV 2012). End of Statement