SPECIAL NOTICE
Q -- Intent to Sole Source to CNH Sequoia Transitional
- Notice Date
- 4/3/2020 12:19:59 PM
- Notice Type
- Special Notice
- NAICS
- 623110
— Nursing Care Facilities (Skilled Nursing Facilities)
- Contracting Office
- 261-NETWORK CONTRACT OFFICE 21 (36C261) MATHER CA 95655 USA
- ZIP Code
- 95655
- Solicitation Number
- 36C26120Q0492
- Archive Date
- 05/03/2020
- Point of Contact
- Zachary Wulf 559-225-6100 x5957 zachary.wulf@va.gov
- E-Mail Address
-
zachary.wulf@va.gov
(zachary.wulf@va.gov)
- Awardee
- null
- Description
- NOTICE OF INTENT TO SOLE SOURCE Department of Veterans Affairs (VA) Network Contracting Office (NCO 21) intends to award a sole source, firm fixed price with economic price adjustment, indefinite-delivery-indefinite-quantity contract to Sequoia Transitional Care Nursing Home.�� All responsible sources may submit a may capability statement, proposal, or quotation by April 10, 2020 no later than 11:59 PM PST which shall be considered by the agency. As prescribed in VHA Handbook 1143.2, for more than 35 years the CNH Program has maintained two cornerstones:��some level of patient choice in choosing a nursing home close to the veteran s home and family, and a unique approach to local oversight of CNHs.��In light of this Program,�the VA does not intend to move the Veterans or disrupt their care. A Justification and Approval (J&A) will be executed by the Head of the Contracting Activity (HCA) for the contract and will be posted to�www.fbo.gov�as required by Federal Acquisition Regulation (FAR) 13.01(a)(1)(iii).� Period of Performance: June 01, 2020 through May 31, 2025 ��������Contractors shall complete the� Price-Cost Schedule for the purpose of market research.�� ��������Contractors shall provide sufficient data showing they have previously performed the required services identified in the Performance Work Statement (PWS).� ���� Contractors shall provide sufficient data showing that they can meet all of the requirements listed within the PWS. PRICE SCHEDULE Contractor shall provide Nursing Home Care services for eligible Veterans at contractor s place of business within the Reedley, CA area. All services shall be provided in accordance with the specifications, terms and conditions contained herein. The guaranteed minimum, for the contract is one room for one veteran for one day. The maximum of the contract, inclusive of ordering periods, shall not exceed $2,000,000.00. The Government does not guarantee that it will place any orders under this contract in excess of the guaranteed minimum award amount. (NOTE: The reference to the published rate means the date the rates are published and distributed, not the effective dates. In other words, if the rates are effective August 1, but they are not published until the subsequent March, then the rates for this contract would change in March.) PERIOD OF PERFORMANCE: June 01, 2020 through May 31, 2025 ITEM NUMBER DESCRIPTION OF SUPPLIES/SERVICES UNIT PER DIEM RATE 0001 BED HOLD (State Medicaid Daily Rate = VA BASE) DY Reimbursed at Current State Medicaid without Supplement 0002 RESPITE (State Medicaid Daily Rate = VA BASE) DY Reimbursed at Current State Medicaid without Supplement 0003 HOSPICE CARE DY Reimbursed at Current State Medicaid daily rate plus ___% 0004 REDUCED PHYSICAL FUNCTION, BEHAVIOR & COGNITIVE PERFORMANCE DY Reimbursed at Current State Medicaid daily rate plus ___% 0005 CLINICALLY COMPLEX DY Reimbursed at Current State Medicaid daily rate Plus ___% 0006 SPECIAL CARE HIGH DY Reimbursed at Current State Medicaid daily rate Plus ___% 0007 SPECIAL CARE LOW DY Reimbursed at Current State Medicaid daily rate Plus ___% 0008 EXTENSIVE SERVICES DY Reimbursed at Current State Medicaid daily rate Plus ___% 0009 REHABILITATION DY Reimbursed at Current State Medicaid Plus ___% 0010 REHABILITATION + EXTENSIVE SERVICES DY Reimbursed at Current State Medicaid daily rate Plus ___% PERFORMANCE WORK STATEMENT 1. The nursing home shall ensure that care meets the health needs and promotes the maximum well-being of VA patients. Nursing home care will be furnished to ensure the total medical, nursing and psycho-social needs of VA beneficiaries. Physician visits, laboratory, x-ray and other special services for VA patients will be at the same frequency as that provided to other patients at the nursing home receiving the same or comparable level of care. In addition, the care provided will include room, meals, nursing care and other services or supplies commensurate with VA authorized level of care, without extra charge. The per die rate(s) established in this contract will include the cost of medical care, drugs, laboratory, x-ray and other special services authorized by VA, unless otherwise specifically expected. 2. Full attention shall be given to motivating and education patients to achieve and maintain independence in the activities of daily living, to the maximum extent possible. Every effort shall be made to keep patients ambulatory and to achieve an optimal level of self-care. 3. Absences of the patient from the nursing homes in excess of 48 hours will not be reimbursable except with prior approval of the placing VA facility. 4. If a VA patient is receiving care at a Community Nursing Home (CNH) pursuant to this contract and that patients requires hospitalizations due to an acute condition or an emergency, the CNH will immediately take steps necessary to either admit the patient to an appropriate VA Medical Center (VAMC), or to arrange for emergency transport to nearest non-Federal emergency room provided VA authorization. At the onset of such a situation with a VA patient an employee at the CNH facility will immediately contact the appropriate VAMC Emergency Room and obtain instructions as follows: 4.1 If hospitalization of an emergent nature is required and the patient's condition is critical the VAMC Emergency Room will either: Arrange to transport the Patient to the VAMC Emergency Room; OR The CNH will be instructed by the VAMC Emergency Room to contact 911 for ambulance transport to the closest, non-Federal hospital emergency room. It is agreed that readmission to a VA facility will be accomplished once the patient's condition is sufficiently stabilized to permit admission to VA. 4.2 If hospitalization of an emergent nature is required and the patient s condition is so critical that there is not sufficient time to contact the VAMC Emergency Room, it is agreed that hospitalization in a non-Federal facility may be accomplished provided the VA is notified in accordance with this contract; and VA notification must be made within 72 hours of the emergency admission of the patient to non-Federal facility. NOTE: FAILURE TO COMPLY WITH THE TERMS OF THIS CONTRACT MAY RESULT IN THE NURSING HOME BECOMING RESPONSIBLE FOR ANY ADDITIONAL EXPENSES 5. If a VA patient is receiving care at a Community Nursing Home (CNH) pursuant to this contract and that patient requires hospitalization for a pre-authorized, non-emergent procedure. It is agreed that readmission to a VA facility will be accomplished as soon as the patient s condition is sufficiently stabilized to permit admission to VA. 6. If a Veteran is hospitalized from the nursing home, the nursing home and VA facility will arrange to hold a bed in reserve, only when such a decision is in the best interest of the patient and the VA; or the patient may be responsible for making these arrangements. The number of covered bed hold days will be determined by VA on a case-by-case basis, but will not exceed the number of bed hold days allowed by state Medicaid regulations. Payment will follow state Medicaid regulations. The VA facility will include payment for these ""bed hold"" days only when the conditions above are met. 7. The VA facility will approve leave days (days away from the nursing home) for long-term placements. The leave must be part of a therapeutic plan and pre-approved by the VA. Leave days at VA expense are limited to 14 days per calendar year, with no more than 2 days per month allowed; except the patient may take up to 5 days per calendar year for an emergency, such as a death in the family, however these 5 days will count toward the total 14 days per year. Payment will follow state Medicaid regulations. Exceptions may be approved by the VA facility director or designee. 8. In the event a VA beneficiary receiving nursing home care under this contract dies, the nursing home will promptly notify the VA office authorizing admission and immediately assemble, inventory, and safeguard the patient's personal effects pending further guidance by VA. With the concurrence of the VA office authorizing admission, the nursing home will: All funds, deposits, and effects left by VA patients upon the premises of the nursing home shall be delivered by the nursing home to the person or persons entitled there to under the laws currently governing the nursing home for making disposition of funds and effects left by patients, unless the beneficiary died without leaving a will, heirs or next of kin capable of inheriting. When disposition has been made, the itemized inventory with a notation as to the disposition of the funds and effects will be immediately forwarded to the VA office authorizing admission. Should a deceased patient have no will, heirs, or next of kin, his/her personal property and funds wherever located vests in and becomes the property of the United States in trust. In these cases the nursing home will forward inventory of any such property and funds in its possession to the VA office authorizing admission, and will hold them (except articles of clothing necessary for proper burial) under safeguard until instructions are received from VA concerning disposition. 9. It is agreed that VA will have the right to on-site reviews of the nursing home and all appurtenances by authorized VA representative(s) to ensure that acceptable standards are maintained and that the necessary care to maintain the well-being of the patient is rendered. 10. The nursing home shall accept referral of and shall provide all services specified in this contract for any person determined eligible by the VA Chief Medical Director of his/her designee, regardless of the race, color, religion, sex, or national origin of the person for whom such services are ordered. In addition, the nursing home warrants that subcontracting will not be resorted to as a means of circumventing this provision. Additionally, the nursing home shall not maintain nor provide dual or segregated patient facilities which are segregated on the basis of race, creed, color or national origin. The nursing home shall neither require such segregated use by written or oral policies, nor tolerate such use by written or oral policies, nor tolerate such use by local custom. The term facilities shall include but not be limited to rooms, wards, sections, eating areas, drinking fountains, and entrances and other like areas. It is agreed that VA will have the right to inspection of the nursing home and all appurtenances by authorized VA representative (s) to ensure that acceptable standards are maintained and that the necessary care to maintain the well-being of the patient is rendered. 11. It is agreed that duly authorized representatives of VA will provide follow up supervision visits to Veterans placed to assure the continuity of care to assist in the Veteran s transition back to the community. It is understood that these visits do not substitute for nor relieve the nursing home in any way of the responsibility for the daily care and medical treatment of the Veteran. 12. All medical records concerning the veteran's care in the nursing home will be readily accessible to VA. Upon discharge or death of the patient, medical records will be retained by the nursing home for a period of at least three years following termination of care. Patient records will be maintained in conformance with the Privacy Act of 1974 (5 U.S.C. 552a). A medical record shall be maintained for each patient that includes at least the following: 12.1 Admission identification record. 12.2 VA Form 10-0415, VA Geriatrics and Extended Care (GEC) Referral form, or State-approved referral form. 12.3 Admitting evaluation (including diagnosis by nursing home physician). 12.4 Physician orders. 12.5 Progress notes. The physician orders/notes shall be charted immediately after patient is seen. 12.6 Special reports (laboratory, x ray, activity, etc.). 12.7 SMA Patient Assessment Form (* * * *only if SMA level of care is used** * *). 12.8 Minimum Data Set (MDS) information, provided to VA upon admission and every six months thereafter. 13. The beneficiary will be provided nursing home care at the expense of VA for a period not in excess of that stated in the referral form, unless an extension of the authorization is provided in writing by the placing VA facility. 14. The authorization agreement, VA Form 10-7078, for the affected patient will terminate whenever a VA patient is re-hospitalized for 15 calendar days or more, whether in a VA or in a non-Federal facility. A new authorization agreement will be required at the time the patient returns. 15. Level of Care Classification Effective Records: The level of care classification and associated per diem rate will remain in effect for each placement until and unless one of the following events takes place: 15. 1 The recipient is discharged and subsequently qualifies for a new admission assessment. 15.2 The nursing home submits an assessment requesting a change in the level of care classification and approves it. Classification changes may also occur based on a determination by VA. VA will make the determination whether classification changes require readmission to VA. 16. The VA, at its sole option will monitor the professional care and administrative management of services provided to VA beneficiaries under this agreement, through one or any combination of the following methods; reviews of state agencies reports, on-site review of the nursing home by staff and/or on-site monitoring of VA patients. It is agreed that the Nursing Home shall provide VA copies of all state agency reports when requested and cooperate fully with VA s quality improvement-quality assurance program functions relating to this agreement, including VA s on-site review and monitoring. It is further agreed that the VA will have the right to inspect contractor s employee personnel files. The VA contracting Officer shall make all final determinations as to the contractor s reasonable cooperation with VA and compliance with these requirements. It is understood that certain internal quality indicator/quality assurance information is not available for VA review. Current quality measure and current individual MDS information will be made available. 17. In the event a VA beneficiary receiving nursing home care under this contract decides to leave the facility, as soon as possible the nursing home will, but not to exceed 48 hours, notify the VA office authorizing admission that the VA beneficiary has voluntarily left the facility. 18. In the event a VA beneficiary receiving nursing home care under this contract desires to leave the facility for 24 hours or more [excludes scheduled appointment and off-site medical treatment] on a pass, the nursing home must obtain approval from the VA office authorizing admission BEFORE the VA beneficiary is granted a pass and allowed to leave the facility. 19. The nursing home is RESPONSIBLE FOR SUPERVISING VA BENEFICIARIES HOUSED AT THEIR FACILITY WHETHER THE BENEFICIARY IS AT THE FACILITY OR HAS BEEN TRANSPORTED TO A CLINIC OR OTHER TREATMENT FACILITY TO THE DOCTOR , OR TO THE VAMC. 19.1 The nursing home is responsible for complying with all the rules, policies and regulations expressed by the state in which they operate as they relate to nursing facilities providing 24 hours per day protective oversight to their residents. 19.2 If a veteran is sent to an outpatient appointment at the VA (or admission exam where admission is not a certainty) the nursing home must make a judgment as to whether the veteran needs physical assistance due to disability or oversight due to confusion. The nursing home must assure that adequate oversight is provided during the trip to the VA or while in the outpatient clinic. 19.3 Oversight can be provided by a family member, clergy person, volunteer or any other person who, in the judgment of the nursing home can responsibly and capably provide the necessary oversight. However, someone from the facility or a family member or volunteer must be with a resident who evidences any mental confusion or who would have a problem negotiating his/her way through the outpatient clinic process. 19.4 In the absence of any other person, the nursing facility should send a staff member to assure protective oversight. This judgment is made by the nursing home and does not preclude ""dropping off"" a mentally alert and physically capable resident for a medical appointment or some other activity, to be picked up at a later time. 19.5 When the veteran is in the outpatient clinic at the VA, s/he still is considered a resident the nursing facility that is thereby responsible to provide physical assistance and protective oversight. The VA's responsibility in the outpatient clinic is for treatment only. 20. If at any time the contract nursing home receives a Notice of Non-Compliance or a Notice of Sub-Standard Care resulting from the federal survey, the contract nursing home will notify the Community Nursing Home Care Coordinator by telephone within 24 hours of the receipt of such assignment. In the absence of the Community Care Coordinator, The Chief, Social Work Service at the VA will be notified by Coordinator explaining the circumstances surrounding the assignment of the notice of Non-Compliance or Notice of Sub-Standard care, within 72 hours. 21. Transportation to and from the VA hospital for outpatient and admission appointments can be provided by the VA. The VA, however, does not insist that transportation be provided by the VA in all cases. Those patients who have family or others capable of transporting and providing supervision to the veteran in the outpatient area at the VA are encouraged to do so. If no other means are available, the VA will be responsive to requests by the nursing home for transportation. 22. Handling of Records 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. The C&A requirements do not apply, and that a Security Accreditation Package is not required. No VA sensitive information is provided to the contractor; VA staff obtains information about Veteran care and needs through reviewing medical records and through conversation with skilled nursing staff employees. 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 6, 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. Information or records accessed and/or created by the Contractor 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. The Contractor 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 the VA officials, 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 VA officials. 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 above paragraph, within seven (7) calendar days of the termination of this contract. The Contractor shall follow all VA policies regarding the retention of records. As an alternative, the Contractor may deliver the records to VA for retention. The Contractor 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 COTR will be responsible for ensuring and documenting that this requirement is satisfied. 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. VA has unrestricted access to the records generated by the contractor pursuant to this contract. 23. 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. 24. Estimated Quantities: The quantities of days specified in this agreement are estimates, based upon the projected workload during the period of performance. VACCHCS does not imply or guarantee that any fixed number of days will be required during the contract period. VACCHCS will not be obligated to reimburse the contractor for any specified amount of services, but will be obligated to make payment for any services received in the quality and quantity as requested. 25. Invoicing and Payment: GOVERNMENT INVOICE ADDRESS: All invoices from the contractor shall be mailed to the following address: VA CENTRAL CALIFORNIA HEALTH CARE SYSTEM (VACCHCS) ATTN: SUSAN SHILLING Business Administrative Services, (136) 2615 E. Clinton Ave. Fresno, CA 93703 Work days: Work days will be based on a mutually agreeable schedule. Invoices rendered by the contractor to VACCHCS for services furnished under this agreement, will be invoiced in full for each month in which services were performed. All payments made under this contract will be made monthly in arrears in accordance with FAR Clause 52.212-4. No advance payments will be authorized. Payment made during all periods of this agreement shall constitute the total cost for services rendered by the contractor, shall not exceed the amounts specified in the Schedule of Supplies and Services without written request and the written approval from the Contracting Officer. All invoices applicable to this agreement must be submitted no later than thirty (30) days after the end of the contract period. Any problems regarding unpaid invoices should be directed to the Contracting Officer. Invoices will be submitted for services, on a monthly basis. At a minimum, each invoice must contain the following: A brief written synopsis of oversight, audit or other services provided during the month, dates services were provided, name of contract person(s) who provided services, Contract Line Item Number (CUN), quantity, unit, unit price, and total cost of services provided, contract number, and remittance address. All invoices must include the name, title and phone number of person to be notified in the event of defective invoicing. Invoices shall be submitted in accordance with, and at the prices specified in the continuation of SF Form 1449, Schedule of Supplies and Services of this agreement. The payment for any leave, including sick leave or vacation time, is the responsibility of the contractor. Periods of any absences are not paid by the VA.
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