This is a Sources Sought Notice/Request for Information (RFI) for a requirement to provide Veterans Affairs Maryland Health Care System (VAMHCS) legal representation for the filing and disposition of guardianship cases when a Veteran lacks capacity to speak on their own behalf and there is no family either willing or able to act on the Veteran s behalf with regards to making health care decisions and/or managing financial affairs. The Government may use the responses to this RFI for information and planning purposes. The SOW describes only the currently contemplated possible scope of services and may vary from the work scope in a final SOW included in any Request for Quote (RFQ). This RFI will obtain information regarding the availability and capability of qualified businesses: Large Business, Service-Disabled Veteran-Owned, Small Business, Veteran-Owned Small Business, small business sources; HUB Zone 8(a), Women-Owned, or small disadvantaged business concerns; and their size classification relative to the North American Industry Classification System (NAICS) code 541110. The responses to this announcement will assist in determining the availability of small businesses in consideration of a socio-economic set-aside. Interested parties submitting a response to this inquiry must include the following information: 1. Name and address of company 2. Primary point of contact, including phone number and e-mail address 3. Applicable socioeconomic categories and any pertinent information, which demonstrates firm s ability to meet the requirement 4. Experience. Brief descriptions of legal representation in healthcare capacity 5. Business size (the applicable NAICS code for this requirement is 541110 6. Product and Service Code: R418 7. SAM CAGE/Unique Entity ID under which the company is registered in sam.gov and Veterans Small Business Certification 8. Estimated cost of service Responses are due no later than September 16, 2024 @ 3:00PM EST. Point of contact: Charles Willis; email: Charles.willis@va.gov DISCLAIMER This RFI is issued solely for information and planning purposes only and does not constitute a solicitation. All information received in response to this RFI that is marked as proprietary will be handled accordingly. In accordance with FAR 15.201(e), responses to this notice are not offers and cannot be accepted by the Government to form a binding contract. Responders are solely responsible for all expenses associated with responding to this RFI. STATEMENT OF WORK Provide Legal Guardianship Services for Veterans 1. Objective The Contractor shall provide to the Veterans Affairs Maryland Health Care System (VAMHCS) legal representation for the filing and disposition of guardianship cases when a Veteran lacks capacity to speak on their own behalf and there is no family either willing or able to act on the Veteran s behalf with regards to making health care decisions and/or managing financial affairs. 2. Background The US Department of Veterans Affairs (VA) has committed to providing Veterans with high-quality health care in the most appropriate care setting. This goal is supported by the White House and the Veterans Health Administration. The VAMHCS is seeking a Contractor to assist with the provision of petitions for guardianship. Guardianship is required to ensure that the Veteran has a legal representative to speak on their behalf, and to take the necessary steps to apply for available financial resources and complete applications for admission into appropriate care settings when the Veteran s care needs change. This represents one of the VA s most significant efforts to provide care in the least restrictive environment of care. Our goal is to ensure that Veterans can receive care in an appropriate setting that meets their unique needs. The VA Office of General Counsel and the Health Law Group have not given permission for the local Office of General Counsel to provide these services, which is why outside legal counsel is being sought. The Contractor will file petitions with the Circuit Court of Maryland for Veterans who have been determined by two medical providers to lack the capacity to make decisions for themselves regarding their care. The providers will complete Physician Certificates attesting to the above. 3. Description The VAMHCS is seeking a Contractor to assist with guardianship petition process. The Contractor shall file guardianship petitions to the Circuit Court of Maryland on behalf of the VAMHCS within 14 days of receiving physician certificates. The Contractor shall submit all notifications to interested parties as part of the petition process within 5 business days. The Contractor shall represent the VAMHCS in any court hearings related to the petition for guardianship. The Contractor shall help prepare any VAMHCS staff that are required to testify at the guardianship hearings. The Contractor shall make available to the VAMHCS, copies of records and filings with the court within 2 business days. VAMHCS program staff will collaborate with the Contractor and provide required medical records and expert testimony. The Contractor shall provide weekly updates on the status of the petition. The Contractor shall comply with the VA Patient s Bill of Rights as set forth in Section 17.34a, Title 38, Code of Federal Regulations. The Contractor shall provide invoices in accordance with promote payment act, in a timely manner. 4. Task Order Task Order under this contract will be issued by a warranted contracting officer, or warranted purchase card holder, if the Contractor accepts purchase cards, for each guardian case. 5. Records: Contractor 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/AIDS, medical quality assurance records, or any other sensitive information protected under 38 U.S.C. Para. 4132 or Para. 3305, as defined by the Department of Veterans Affairs shall not have access to the records unless necessary to perform their contractual duties. Any individual who has access to these data shall disclose them to no one, including other employees of the Contractor not involved in the performance of the contractual duty for which access was obtained. Violation of these statutory provisions, as stated in department regulations by which the Contractor s employees must agree to abide may involve imposition of criminal penalties. 6. Technical Evaluation The Contractor must be licensed to practice as a lawyer in the State of Maryland and demonstrate experience with filing guardianship petitions with the Circuit Court on behalf of health care organizations.
