INDIANAPOLIS TRAINING IDIQ
Added: Oct 03, 2017 2:58 pm COMBINED SYNOPSIS SOLICITATION This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. VA101V-17-Q-0417 The solicitation incorporates provisions and clauses in effect tough Federal Acquisition Circular 2005-95 This solicitation is set-aside exclusively for Service-Disabled Veteran-Owned Small Business concerns. To be considered for award prospective offerors must be a verified SDVOB concern in the VA Center for Verification and Evaluation (CVE) Veteran Information Pages (VIP) pages at the date and time set for receipt of offers. An Offeror who is not a verified SDVOB concern at the date and time set for receipt of offers will have their offer rejected as non-responsive, and will not be considered for award. The applicable NAIC Code for this solicitation is 813920 (Professional Organizations) small business standard $15 million. Indefinite delivery contract for tutoring services. ITEM NO. DESCRIPTION QTY UNIT UNIT PRICE AMOUNT 0001 The contractor shall provide all supplies, services, equipment, tools, labor, facilities, transportation, and supervision to Provide tutoring services as required in accordance with the attached Statement of Work. Period of Performance: 10/01/2017-09/30/2018 1 JB $___________ $___________ 1001 Option Year One the contractor shall provide all supplies, services, equipment, tools, labor, facilities, transportation, and supervision to Provide tutoring services as required in accordance with the attached Statement of Work. Period of Performance: 10/01/2018-09/30/2019 1 JB $___________ $___________ 2001 Option Year Two the contractor shall provide all supplies, services, equipment, tools, labor, facilities, transportation, and supervision to Provide tutoring services as required in accordance with the attached Statement of Work. Period of Performance: 10/01/2019-09/30/2020 1 JB $___________ $___________ 3001 Option Year Tee the contractor shall provide all supplies, services, equipment, tools, labor, facilities, transportation, and supervision to Provide tutoring services as required in accordance with the attached Statement of Work. Period of Performance: 10/01/2020-09/30/2021 1 JB $___________ $___________ 4001 Option Year Four the contractor shall provide all supplies, services, equipment, tools, labor, facilities, transportation, and supervision to Provide tutoring services as required in accordance with the attached Statement of Work. Period of Performance: 10/01/2021-09/30/2022 1 JB $___________ $___________ Description of Requirement STATEMENT OF WORK BACKGROUND The Department of Veterans Affairs (VA) has authority, pursuant to Title 38 USC Chapter 31, to provide all services and assistance necessary to enable eligible Veterans with service-connected disabilities to achieve independence in daily living, and to the maximum extent feasible, to become employable and to obtain and maintain suitable employment. The Veterans Benefits Administration (VBA), Department of Veterans Affairs (VA) Vocational Rehabilitation and Employment (VR&E) Division is charged with providing assistance to service-connected disabled Veterans tough offering vocational rehabilitation and employment (VR&E) services, to include tutorial assistance determined necessary to accomplish the purposes of the rehabilitation program in the individual case In order to provide tutorial assistance, VR&E requires contractor assistance as described below. PROJECT TITLE: Provide Tutorial Services for eligible VR&E veterans for the US Department of Veterans Affairs, Indianapolis Regional Office. 3. PWS PERFORMANCE WORK STATEMENT TUTORING SERVICES SECTION I. BACKGROUND A. INTRODUCTION The Department of Veterans Affairs (VA) has authority, pursuant to Title 38 USC Chapters 18, 31, 35 and 36, to provide all services and assistance necessary to enable eligible Veterans with service-connected disabilities to obtain and maintain suitable employment and, if not employable, achieve independence in daily living to the maximum extent feasible. In the discharge of this responsibility, each Vocational Rehabilitation and Employment Service Division (VR&E) within the VBA Regional Office (RO) undertakes an initial evaluation of the Veteran to determine his or her entitlement for these services and assistance and develops, in cooperation with the Veteran, an Individualized Written Plan of Services. The Veterans Benefits Administration (VBA), Department of Veterans Affairs (VA) is charged with providing assistance to service-connected disabled Veterans tough vocational rehabilitation and employment (VR&E) services. In order to assure services in close geographic proximity to Veterans and to provide timely services when staff turnover occurs, Contractor assistance may be required to supplement vocational rehabilitation and employment services. Specialized services may also be required to complement services typically provided by VA staff. QUALIFICATION REQUIREMENTS FOR TUTORING PROVIDERS Tutors, in the performance of services under this contract, must be approved by the Contracting Officer prior to the provision of any services under this contract. Tutors must, at a minimum, possess a bachelor s degree or higher-level degree from an accredited university. Transcripts shall be provided by the Contractor to verify the educational qualifications of tutors providing assistance under this contract. Optimally, the degree should be in the same or similar area in which they are providing tutoring services. For example, someone providing Math tutoring should possess a degree in Mathematics, Engineering, Computer Science, or similar Math related field. The Government reserves the right to examine, and approve or disapprove the Contractor s staff based on information provided in transcripts and/or résumés. The COTR will notify the Contractor of acceptance of newly proposed employees within 10 days of receipt of transcripts, diplomas, and résumés. SECTION II. SCOPE/PERFORMANCE REQUIREMENTS A. GENERAL REQUIREMENTS The contractor shall provide all services, materials, labor, tools, equipment, transportation, facilities, and supervision to provide Tutoring Services in accordance with this Performance Work Statement. All services shall be performed in accordance with the contract terms and conditions set forth herein. 2. The Contractor will provide instruction as set forth in paragraphs (3) and (4) below, during the period of performance prescribed on each referral made under this contract. The specific tutoring that the contractor shall be required to provide services in shall also be stated on each referral form. This contract shall only apply to veterans who are approved and designated by the Department of Veterans Affairs as being entitled to vocational rehabilitation training under Chapter 31, Title 38, U.S.C. The Contractor shall make contact with the Veteran within seven calendar days of the date of the referral, and shall commence the tutoring session as soon as the schedule of the Veteran permits. The Contractor will provide such courses of instruction at the fees indicated on Schedule B, Schedule of Prices. The Contractor shall furnish outright to the veteran, as needed, such books, supplies, and other equipment as are necessary for the satisfactory pursuit and completion of the courses as referred to in paragraph (1) above. Prior to the furnishing of additional books, supplies or other equipment deemed necessary to satisfactorily complete the course for which the Veteran is receiving tutoring, the Contractor shall obtain written approval from the Contracting Officer. The Department of Veterans Affairs will compensate the Contractor for the books, supplies, and equipment provided in arrears. B. PERFORMANCE REQUIREMENTS/GOALS As part of the services provided under this contract, the Contractor shall provide a written monthly report, or a final report for tutoring services lasting less than 30 calendar days, for each Veteran referred to the Contractor. The report shall describe the Veteran s progress in course for which the Contractor is providing tutoring. The Contracting Officer shall also monitor the performance of the Contractor based on the Contractor Performance Plan. SECTION III. CONTRACTOR PERFORMANCE PLAN REQUIREMENTS TASKS PERFORMANCE STANDARD ACCEPTABLE QUALITY LEVEL INDICATOR SURVEILLANCE METHOD TUTORING SERVICES Eligible Veterans will be Contractor shall contact the Timeliness and 90% Veteran is contacted Review of monthly contacted with seven (7) calendar Veteran introduce their quality: 95% within 7 calendar reports, and feedback days after receipt of referrals from company and arrange for the days after referral from Veterans the COTR or Contracting Officer date and time for the initial and authorization; tutoring session. Contractor shall also discuss what the Veteran is contacted Veteran could expect during with a follow-up attendance, and any materials reminder within 24 and supplies the Veteran will hours of the initial need. tutoring session. The Contractor shall provide one- Contractor shall determine the Veterans Achieve 90% Grade Reports Review of monthly on-one tutoring sessions in weakness and areas requiring Minimum Passing Submitted by the reports, and feedback accordance with the referral. improvement by the Veteran for Grade for the Course School or Veteran to from Veterans successful completion of the the Rehabilitation course stated in the referral. Counselor Contractor shall provide tutoring services in order to strengthen areas of improvement. The goal of the sessions shall be to and to enhance the Veteran s ability to successfully complete course work with minimal assistance, and to increase the Veteran s confidence in his/her ability to successfully complete course examinations. SECTION IV. SPECIAL CONTRACT REQUIREMENTS GENERAL REQUIREMENTS The Contractor shall be aware of the following information and/or comply with the following requirements when providing service under this contract: Unless otherwise specified, all timelines in the contract refer to calendar days. All references to Veterans in this document also pertain to Servicemembers who qualify for services. When social security numbers (SSNs) are required, the Contractors can only use the last four digits of the social security number of any individual serviced under this contract. No obligation will be incurred under this contract by the Government for any service or benefits provided to, or on behalf of, a Veteran without prior authorization issued by the COTR or Contracting Officer. Under no circumstance may a contractor provide services in the absence of a referral for a specific Veteran. Under no circumstances may a contractor engage in outreach or other activities designed to solicit referrals. The Contractor shall adhere to all VA policy and related regulations, including VA Directive and Handbook 6500 entitled Information Security Program. For this policy, the Contractor shall substitute the word Contractor for VA employee/employee. Prior to performance, all contract employees and subcontract staff providing direct or indirect assistance to Veterans under this contract must have a background check initiated per the security section of this contract. In addition, required security/privacy training must be completed and required security rules of behavior and supplemental contractor rules of behavior must be signed and returned to VA. All documents released by Contractors back to the regional office, VR&E Division, will contain the Veteran s name and only the last four digits of the social security number. The Contractor shall retain certification of the destruction of all records containing Veteran s information. Destruction procedures must comply with VA requirements, outlined in Section IV, VA Information and Information System Security/Privacy Requirements. The Contractor shall provide the VR&E Division a certificate of destruction at the appropriate regional office upon expiration of the retention date of the documents that contains: Veteran s Name Last four digits of the Veteran s SSN Type of document(s) and date(s) Date of destruction Means of destruction (preferably sedded) Name and position of individual who destroyed the documents For appointments/meetings that are missed or rescheduled by the Veteran, the Contractor shall notify the Contracting Officer. Invoices may not be submitted until VA certifies acceptable performance of deliverables. VA will review deliverables within 5 business days of receipt and provide notification of acceptance or need for corrective action. Invoices will include certification of accepted deliverables. PLACE OF COUNSELING/PROVISION OF SERVICES The place of counseling shall be acceptable to Contracting Officer and the Veteran. The counseling location shall meet all applicable requirements for accessibility mandated by the Americans with Disabilities Act of 1990, and subsequent amendments. When available, VA may offer meeting space for contract counselors to meet privately with Veterans. C. GEOGRAPHIC COVERAGE The contractor may be required to provide services under this contract in any of the following geographic areas: Indianapolis, Indiana Area Counties: Boone, Hamilton, Hancock, Shelby, Johnson, Morgan, Hendricks, Marion, and Madison Southwest-Evansville Area Counties: Posey, Vanderbush, Gibson, Pike, Warrick, Spencer, Crawford, Orange, Dubois, Martin, Davies, and Knox West Central-Lafayette Indiana Area Counties: Warren, Tippecanoe, Fountain, Montgomery, Putnam, Parke, Vermillion, Vigo, Clay, Owen, Sullivan, and Green Southeast- Columbus, Indiana Area Counties: Monroe, Brown, Lawrence, Bartholomew, Jackson, Washington, Harrison, Floyd, Clark, Scott, Jennings, Jefferson, Ripley, Decatur, Switzerland, and Dearborn. East Central-Richmond, Indiana Area Counties: Henry, Wayne, Rush, Franklin, Fayette, and Union. Central- Marion, Indiana Area Counties: Grant, Delaware, Randolph, Jay, Blackford, Carroll, Clinton, Cass, Miami, Howard, Clinton, Fulton, and Tipton Fort Wayne Area Counties: Allen, Adams, Wells, Huntington, Wabash, Kosciusko, Whitley, Noble, Dekalb, Stueben, Lagrane, and Elkhart. Northwest-South Bend/Gary, Indiana Counties St. Joseph, Marshall, Starke, Pulaski, White, Jasper, Newton, Benton, Laporte, Porter, and Lake. INVOICING INSTRUCTIONS The Contractor shall submit an original invoice and tee copies to the address designated below to receive invoices. Invoices should be submitted in arrears per deliverable only once a month. An invoice must include: Address/POC to direct payment to: ERIC DAVIDSON DEPARTMENT OF VETERANS AFFAIRS SUPPORT SERVICES DIVISION (326/24) 575 N. PENNSYLVANIA ST. INDIANAPOLIS, IN 46204-1563 Name and address of the Contractor; Invoice date and contractor unique invoice number; Contract number, task order number, contract line item number, and referral order number. Contractors must provide a separate invoice for each Veteran. Description, span of time/dates when billed services were rendered to veterans, quantity, unit of measure, unit price and extended price of the service(s) rendered. For example: May 1 May 31, 2012 Tutoring Services for John E. Doe 12 HR $25,00 $300.00 Name, title, and phone number of person to be notified in event of defective invoice. Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. § 3903) and Office of Management and Budget (OMB) Circular A-125, Prompt Payment; Only invoices for services rendered in accordance with this contract may be submitted for payment; 8. Payment are not allowable and must be repaid to the VA if invoiced services are duplicate billings, not received by veterans and/or do meet the requirements under the contract. Failure to meet requirements include such issues as not meeting performance standards, not fully completing services specified in issued task orders, not submitting documentation of services related to VA-accepted deliverables under the contract, or for services which cannot be confirmed as appropriate by Veterans; PRIVACY PROTECTION RIGHTS The Contractor shall advise the Veteran of the Protection of Privacy, before services commence, and have the Veteran sign VA Form 28-8739a, Protection of Privacy Information Statement (to be provided upon assignment of each task with original to file and copy to the Veteran). If the Veteran declines to sign the statement, but opts to continue the evaluation process, the fact that he/she has been orally advised of the contents of the Protection of Privacy Statement shall be documented in the Contractor s report and the counseling and evaluation may continue. Invoices must NOT include the Veteran s Social Security number as identification. The last four numbers or case number are acceptable. VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY REQUIREMENTS GENERAL All Contractors and Contractor personnel shall be subject to the same Federal security and privacy laws, regulations, standards and VA policies as VA, including the Privacy Act, 5 U.S.C. §552a, and VA personnel, regarding information and information system security. Contractors must follow policies and procedures outlined in VA Directive 6500, Information Security Program which is available at: http://www1.va.gov/vapubs and its handbooks to ensure appropriate security controls are in place. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS The Contractor will not have access to VA Information and/or VA Information Systems. The C&A Requirements do not apply and a security accreditation package is not required. SECURITY REQUIREMENTS FOR UNCLASSIFIED INFORMATION TECHNOLOGY RESOURCES The contractor and their personnel shall be subject to the same Federal laws, regulations, standards and VA policies as VA personnel, regarding information and information system security. These include, but are not limited to Federal Information Security Management Act (FISMA), Appendix III of OMB Circular A-130, and guidance and standards, available from the Department of Commerce s National Institute of Standards and Technology (NIST). This also includes the use of common security configurations available from NIST s Web site at: http://checklists.nist.gov. To ensure that appropriate security controls are in place, Contractors must follow the procedures set forth in VA Information and Information System Security/Privacy Requirements for IT Contracts located at the following Web site: http://www.iprm.oit.va.gov. VA INFORMATION CUSTODIAL REQUIREMENTS VA information provided to the Contractor for either the performance or administration of this contract shall only be used for those purposes. No other use is permitted without the CO s express written authorization. This clause expressly limits the Contractor s rights to use data as described in Rights in Data - General, FAR 52.227-14(d)(1). The Government shall retain the rights to all data and records produced in the execution or administration of this contract. Information generated by the Contractor as part of the contractor s normal business operations, such as medical records created in the course of providing treatment, is subject to review by the Office of General counsel OCG to determine if the information is the property of VA and subject to VA policy. If the information is determined by OCG to not be the property VA, the restrictions required for VA information will not apply. VA information will not be co-mingled with any other data on the contractors/subcontractors information systems/media storage systems in order to ensure VA requirements related to media sanitization can be met. VA also reserves the right to conduct on-site inspection of information destruction/media sanitization procedures to ensure they are in compliance with VA policy requirements. Prior to termination or completion of this contract, Contractor will not destroy information received from VA or gathered or created by the Contractor in the course of performing this contract without prior written approval by the CO. A Contractor destroying data on VA s behalf must do so 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, and applicable VA Records Control Schedules Contractor will receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of this contract and applicable federal and VA information confidentiality and security laws, regulations and policies. Applicable federal information security regulations include all Federal Information Processing Standards (FIPS) and Special Publications (SP) issued by the National Institute of Standards and Technology (NIST). 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 after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies, including FIPS or SP, in this contract. Contractors collecting, storing, or disseminating personal identifiable information (PII) or protected health information (PHI) data must conform to all pertinent regulations, laws, and VA directives related to privacy. Contractors must provide access for VA privacy reviews and assessments and provide appropriate documentation as required. The Contractor shall not make copies of VA information, electronic or otherwise, except as necessary to perform the terms of the agreement or to preserve electronic information stored on Contractor electronic storage media for restoration in case any electronic equipment or data used by the Contractor needs to be restored to an operating state. 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 terminate the contract for default or terminate for cause under Federal Acquisition Regulation ( FAR ) part 12. The Contractor will store, transport or transmit VA sensitive information in an encrypted form, using a VA-approved encryption application that meets the requirements of NIST s FIPS 140-2 standard. The Contractor s firewall and Web services security controls, if applicable, shall meet or exceed VA s minimum requirements. VA directives are available on the VA directives Web site at http://ww1.va.gov/vapubs/. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor 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 will refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA Contracting Officer for response. Notwithstanding the provision above, the contractor shall not release medical quality assurance records protected by 38 U.S.C. 5705 or records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus protected under 38 U.S.C. 7332 under any circumstances, including in response to a court order, and shall immediately refer such court orders or other inquiries to the VA contracting officer for response. The Contractor shall not use technologies banned in VA in meeting the requirements of the contract (e.g., Bluetooth-enabled devices). 5. SECURITY INCIDENT INVESTIGATION The term security incident means an event that has, or could have, resulted in loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor shall immediately (within 1 hour) notify the COTR and simultaneously, the VA Network Security Operations Center (vansoc@va.gov) and the designated ISO/Privacy Officer for the contract of any known or suspected security/privacy incident, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor has access. To the extent known by the contractor, the contractor s notice to VA will identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information/assets were placed at risk or compromised), and any other information that the contractor considers relevant. Contractor will simultaneously report the incident to the appropriate law enforcement entity(ies) of jurisdiction in instances of theft or break-in. The contractor, its employees, and its subcontractors and their employees will 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 will cooperate with VA in any civil litigation to recover VA information, to obtain monetary or other compensation from a third party for damages arising from any incident, or to obtain injunctive relief against any third party arising from, or related to, the incident. To the extent practicable, contractor shall mitigate any harmful effects on individuals whose VA information was accessed or disclosed in a security incident. In the event of a data breach with respect to any sensitive personal information processed or maintained by the contractor or subcontractor under the contract, the contractor is responsible for liquidated damages to be paid to VA SECURITY CONTROLS COMPLIANCE TESTING On a periodic basis, the VA, including the VA Office of Inspector General, reserves the right to evaluate any or all of the security controls implemented by the contractor under the clauses contained within the contract. With 10 working-day s notice, at the request of the Government, the contractor will fully cooperate and assist in a Government-sponsored security controls assessment at each location wherein VA information is processed or stored, or information systems are developed, operated, maintained, or used on behalf of VA, including those initiated by the Office of Inspector General. The Government may conduct a security control assessment on shorter notice (to include unannounced assessments) determined by VA in the event of a security incident or at any other time. PHYSICAL SECURITY If the contract requires taking VA data to a contractor site and the data contains Personally Identifiable Information, the Contractor will provide an independent physical security assessment of their facility to the COTR prior to commencing work. General guidelines for physical security can be found in VA Directive 0730, Section 6 (Physical Security) and VA Memorandum (Subj: IT Oversight & Compliance Information Physical Security Assessments) dated October 24, 2007. TRAINING All Contractor and subcontractor personnel requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and networks: Sign and acknowledge understanding of and responsibilities for compliance with the National Rules of Behavior related to access to VA information and information systems, and Contractor Rules of Behavior (supplement), Successfully complete VA Cybersecurity Awareness training and annual refresher training as required, Successfully complete VA General Privacy training and annual refresher training as required, and d) Successfully complete any additional cybersecurity or privacy training as required for VA personnel with equivalent information system access. The Contractor shall provide to the COTR a copy of the training certificates and signed Rules of Behavior for each applicable employee within one week of the initiation of the contract and annually thereafter, as required. These online courses are located at https://www.lms.va.gov/plateau/user/login.jsp. Failure to complete this mandatory training within the timeframe required will be grounds for suspension or termination of all physical and/or electronic access privileges and removal from work on the contract until such time as the training is completed. 9. CONTRACTOR PERSONNEL SECURITY All contract employees who require access to the VA site(s) and/or access to VA local area network (LAN) systems shall be the subject of a background investigation and must receive a favorable adjudication from the VA Security and Investigations Center (SIC). These requirements are applicable to all subcontractor personnel requiring the same NACI Background Investigation. The level of background security investigation will be in accordance with VA Directive 0710 dated September 10, 2004 and is available at: http://www1.va.gov/vapubs/viewPublication.asp?Pub_ID=85&Ftype=2. BACKGROUND INVESTIGATION The contract employee level of background investigation and clearance required for this effort is NACI. Work may not commence until the appropriate background investigation has commenced. Contractor Responsibilities The Contractor shall bear the expense of obtaining background investigations. The cost of the background investigations is as follows: Low Risk (NACI) $230, Moderate Risk (MBI) $825, High Risk (BI) $3015. VA will pay for investigations processed tough the VA SIC and conducted by the Office of Personnel Management (OPM) in advance; however, the Contractor shall reimburse the full cost of background investigations to VA within 30 days of Bill of Collections from VA. VA shall send up to tee plus one final delinquent notice to the Contractor. If the Contractor does not adhere to the Bill of Collections, future invoices may be subject to be offset by VA to recoup background investigation costs. Immediately after contract or task order award, the Contractor must submit a completed Attachment D form (VBA Contractor Background Investigation Request Worksheet) for all contract employees working the contract, who have access to VA facilities, VA systems, or privacy data, to the COTR. The Contractor and Contractor point of contact (POC) will receive an email notification from SIC identifying the website link that includes detailed instructions regarding completion of the background clearance application process and what level of background was requested. Reminder notifications will be sent if the complete package is not submitted by the due date. The Contractor shall prescreen all personnel who require access to VA site(s) and/or access to VA LAN systems to ensure they maintain a U.S. citizenship or Alien Registration that authorizes them to work in the U.S. and are able to read, write, speak, and understand the English language. Contractors who have current favorable background investigation conducted by OPM or Defense Security Service (DSS) may be accepted tough reciprocation. However, it does not preclude the Contractor from submitting a completed Attachment D form immediately after contract or task order award for all contract employees working the contract to the COTR. Contract performance shall not commence before SIC confirmation that it received the investigative documents, that they are complete, and that the background investigation has begun. Once the Contractor s background investigation has been initiated, contract performance may commence. The COTR will notify and forward the Contractor a copy of the Certificate of Eligibility (form 4236) to the Contractor when the investigation has been favorably completed and adjudicated. The Contractor, if notified of an unfavorable adjudication by the Government, shall withdraw the employee from consideration from working under the contract. Failure to comply with the Contractor personnel security requirements may result in termination of the contract for default. If the security clearance investigation is not completed prior to the start date of the contract, the contract employee may work on the contract with an initiated status while the security clearance is being processed. However, the Contractor will be responsible for the actions of those contract and subcontract employees they provide to perform work for VA. In the event damage arises from work performed by Contractor personnel, under the auspices of the contract, the Contractor will be responsible for resources necessary to remedy the incident. Should the Contractor use a vendor other than OPM or DSS to conduct investigations, the investigative company must be certified by OPM/DSS to conduct Contractor investigations. The Vendor Cage Code number must be provided to the VA SIC, which will verify the information and conclude whether access to the Government s site(s) and/or VA LAN systems can be. The investigative history for Contractor personnel working under this contract must be maintained in the databases of either OPM or the Defense Industrial Security Clearance Organization (DISCO). Government Responsibilities After the COTR has received Attachment D form(s) from the Contractor, SIC will send an e-mail notification to the Contractor and their POC identifying the website link that includes detailed instructions regarding completion of the background clearance application process and what level of background was requested. SIC will also send reminder notifications to the Contractor and their POC if the complete package is not submitted by the due date. Upon receipt of required investigative documents, SIC will review the investigative documents for completion and initiate the background investigation by forwarding the investigative documents to OPM to conduct the background investigation. If the investigative documents are not complete, SIC will return the package to the Contractor with corrective instructions. VA will pay for investigations processed tough the VA SIC and conducted by OPM in advance; however, the Contractor shall reimburse the full cost of background investigations to VA within 30 days of Bill of Collections from VA. VA shall send up to tee plus one final delinquent notice to the Contractor. If the Contractor does not adhere to the Bill of Collections, future invoices may be subject to be offset by VA to recoup background investigation costs and may be considered grounds for default. The COTR will notify and forward the Contractor a copy of the Certificate of Eligibility (form 4236) when the investigation has been favorably completed and adjudicated. The COTR will also notify the Contractor of an unfavorable adjudication by the Government. H. CONFIDENTIALITY AND NONDISCLOSURE It is agreed that: The preliminary and final deliverables and all associated working papers, application source code, and other material deemed relevant by the VA which have been generated by the contractor in the performance of this task order are the exclusive property of the U.S. Government, and shall be submitted to the COTR at the conclusion of the task order. The CO will be the sole authorized official to release verbally or in writing, any data, the draft deliverables, the final deliverables, or any other written or printed materials pertaining to this task order. The contractor shall release no information. Any request for information relating to this task order presented to the contractor shall be submitted to the CO for response. Press releases, marketing material or any other printed or electronic documentation related to this project, shall not be publicized without the written approval of the CO. Period of Performance: 60 Days from issuance of the notice to proceed FAR 52.212-1, Instructions to Offerors Commercial Items, applies to this solicitation. The following provisions and clauses are added as addenda: 52.252-1 Solicitation Provisions Incorporated By Reference (FEB 1998) VAAR 852.270-1 Representatives of Contracting Officers (JAN 2008) FAR 52.212-2, Evaluation Commercial Items, applies to this solicitation. Offers will be evaluated on price only. FAR 52.212-3, Offeror Representations and Certifications Commercial Items applies to this solicitation. Offerors shall submit a completed copy of FAR 52.212-3 with its Offer. FAR 52.212-4, Contract Terms and Conditions Commercial Items applies to this solicitation. The following provisions and clauses are added as addenda: 52.252-2 Clauses Incorporated By Reference (FEB 1998) 52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011) Insurance Work on a Government Installation (JAN 1997) (a) Workers compensation and employer s liability. Contractors are required to comply with applicable Federal and State workers compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer s liability section of the insurance policy, except when contract operations are so commingled with a contractor s commercial operations that it would not be practical to require this coverage. Employer s liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers compensation to be written by private carriers. (See 28.305(c) for treatment of contracts subject to the Defense Base Act.) (b) General liability. (1) The contracting officer shall require bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence. (2) Property damage liability insurance shall be required only in special circumstances as determined by the agency. (c) Automobile liability. The contracting officer shall require automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims. 52.232.40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) VAAR 852.203-70 Commercial Advertising (JAN 2008) VAAR 852.219-10 VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (DEVIATION) (JUL 2016) Limitations on Subcontracting - Monitoring and Compliance This solicitation includes VAAR Clause 852.219-10, VA Notice of Service-Disabled Veteran-Owned Small Business Set-Aside. Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by VA to assist in assessing the contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to contractor's offices where the contractor's business records or other proprietary data are retained and to review such business records regarding the contractor's compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement. VAAR 852.232-72 Electronic Submission of Payment Requests (NOV 2012) VAAR 852.237-70 Contractor Responsibilities (APR 1984) 52.212-5, Terms and Conditions Required to Implement Executive Orders Commercial Items, applies to this solicitation. The following provisions and clauses are selected as appropriate to this solicitation: Paragraph b clauses applicable: (4) 52.204-10 Reporting Executive Compensation & First Tier Subcontract Awards (OCT 2015) (8) 52.209-6 Protecting the Government s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (OCT 2015) (22) 52.219-28 Post-Award Small Business Program Representation (DEC 2015) (27) 52.222-21 Prohibition of Segregated Facilities (FEB 1999) (28) 52.222-26 Equal Opportunity (APR 2015) (30) 52.222-36 Equal Opportunity for Workers with Disabilities (JUL 2014) (33) 52.222-50 Combating Trafficking in Persons (MAR 2015) (44) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (51) 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) (58) 52.232-34 Payment by Electronic Funds Transfer Other than Central Contractor Registry (MAY 1999) Paragraph c clauses applicable: (1) 52.222-41 Service Contract Labor Standards (MAY 2014) (2) 52.222-42 Statement of Equivalent Rates for Federal Hires (MAY 2014) (THIS IS NOT A WAGE DETERMINATION) EMPLOYEE CLASS WAGE + FRINGE BENEFITS 15120-Tutor $18.66+$4.41 (8) 52.222-55 Minimum Wages Under Executive Order 13658 (JAN 2017) (9) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) N/A N/A Offers are due not later than 09/08/2017 @ 3:00 PM EST. Offers must be submitted electronically to eric.c.davidson@va.gov. For additional information, please contact the Contracting Officer, Eric Davidson (317) 916-3855 eric.c.davidson@va.gov.
VA101V17Q0417 Department of Veterans Affairs Veterans Benefits Administration
10/3/17, 2:58 PM