36C10D24Q0284.docx

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

VA

3064-000016 36C10D24Q0284 08-23-2024 Raymond Tracey 716-218-6579 09-12-2024

5:00 PM

EDT

00101 Department of Veterans Affairs Veterans Benefits Administration Acquisition Directorate 1800 G Street NW Washington

DC

20006 X X 624310 $15 Million N/A X 00101 Department of Veterans Affairs Veterans Benefits Administration Veterans Readiness & Employment Program 201 W. Houston Street 4th Floor.

New York

NY

10014 00101 Department of Veterans Affairs Veterans Benefits Administration Acquisition Directorate 1800 G Street NW Washington

DC

20006

See Section A.1 for Invoice Instructions

See CONTINUATION Page Contractor shall provide all supplies, services, facilities, transportation, and supervision to provide Discrete Services CH 31 Veterans, Comprehensive Independent Living Living Assessment (CILA) Services in accordance with the Performance Work Statement (PWS).

This requirement is set aside for Service-Disabled Veteran Owned Small Business (SDVOSB) .

All questions pertaining to this solicitation shall be submitted VIA email to raymond.tracey@va.gov no later than 08-30-2024 at 10:00 AM ET.

See CONTINUATION Page X X Raymond S. Tracey

VBA15L14630

Table of Contents

A.2 CONTRACT ADMINISTRATION DATA

(continuation from Standard Form 1449, block 18A.)

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer Department of Veterans Affairs Veterans Benefits Administration Acquisition Directorate VBA Northeast District Contracting Team 1800 G. Street N.W.

Washington DC 20006

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

[X] 52.232-33 Payment by Electronic Funds Transfer—System for Award Management

3. INVOICES: Invoices shall be submitted in arrears:

c. Other [X] Payment provided under the terms of each order will be made Monthly in arrears for all services rendered and/or deliverables submitted and approved by the VA.

A.3 INVOICING INSTRUCTIONS:

General invoicing instructions are included here.

Payment provided under the terms of this contract will be made Monthly in arrears for all services rendered and/or deliverables submitted and approved by the VA.

GOVERNMENT INVOICE ADDRESS:

TUNGSTEN (OB10) ELECTRONIC INVOICE SUBMISSION

FSC e-INVOICE PROGRAM THROUGH AUSTIN PORTAL

FSC MANDATORY ELECTRONIC INVOICE SUBMISSION FOR AUSTIN PAYMENTS

Please include in all invoices the Task Order Number 36C10E23P0088 All invoices need to also be submitted using the same line item format in the contract or order.

Vendor Electronic Invoice Submission Methods:

Fax, email and scanned documents are not acceptable forms of submission for payment requests. Electronic form means an automated system transmitting information electronically according to the accepted data transmissions below.

1. VA’s Electronic Invoice Presentment and Payment System – The Financial Services Center (FSC) in Austin, TX uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission. Please go to this website: http://www.tungsten-network.com/US/en/veterans-affairs/ to begin submitting electronic invoices, free of charge.

2. A system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) chartered by the American National Standards Institute (ANSI). The X12 EDI Web site is http://www.x12.org.

Vendor e-Invoice Set-up Information:

Please contact Tungsten at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center in Austin, TX for payment processing. If you have questions about the payment status of a properly submitted invoice, the e-invoicing program, or Tungsten, please contact the FSC at the phone number or email address listed below.

· Tungsten e-Invoice setup information: 1-877-489-6135

· Tungsten e-Invoice email: VA.Registration@tungsten-network.com

· VA TUNGSTEN Number: AAA544240062

· FSC e-Invoice contact information: 1-877-353-9791

· FSC e-Invoice email: vafsccshd@va.gov

· FSC Internet: http://www.fsc.va.gov/einvoice.asp

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SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 PRICE/COST SCHEDULE

ITEM INFORMATION

40.00

In accordance with (IAW) the attached Performance Work Statement (PWS), contractor shall provide Discrete Services, which includes comprehensive independent living (CILA) assessments. Estimated quantity.

Contract Period: Base POP Begin: 09-16-2024 POP End: 09-15-2025 PRINCIPAL NAICS CODE: 624310 - Vocational Rehabilitation Services PRODUCT/SERVICE CODE: R499 - Support - Professional: Other

40.00

IAW the attached PWS, contractor shall provide Discrete Services, which includes comprehensive independent living (CILA) assessments. Estimated quantity.

Contract Period: Option 1 POP Begin: 09-16-2025 POP End: 09-15-2026

40.00

IAW the attached PWS, contractor shall provide Discrete Services, which includes comprehensive independent living (CILA) assessments. Estimated quantity.

Contract Period: Option 2 POP Begin: 09-16-2027 POP End: 09-15-2028

40.00

IAW the attached PWS, contractor shall provide Discrete Services, which includes comprehensive independent living (CILA) assessments. Estimated quantity.

Contract Period: Option 3 POP Begin: 09-16-2028 POP End: 09-15-2029

40.00

IAW the attached PWS, contractor shall provide Discrete Services, which includes comprehensive independent living (CILA) assessments. Estimated quantity.

Contract Period: Option 4 POP Begin: 09-16-2029 POP End: 09-15-2030

B.2 DELIVERY SCHEDULE

Veteran readiness and Employment (306/28) 245 West Houston St. RM 301 New York, NY 10014 4805

USA

212-807-3039 damaris.acevedo1@va.gov

Support Services Division 245 West Houston Street New York, NY 10014 4805

USA

(212) 807-3039

Support Services Division 245 West Houston Street New York, NY 10014 4805

USA

Support Services Division 245 West Houston Street New York, NY 10014 4805

USA

Support Services Division 245 West Houston Street New York, NY 10014 4805

USA

36C10D24Q0284 NOTE: Any quantities that are stated as estimated quantities are not-to-exceed line items. The contractor shall only be paid for actual quantities/services rendered. No adjustment to quantities, estimated or otherwise, shall be made without an official contract modification. The schedule represents the quantities estimated to be ordered over the delivery period. Quotes will be evaluated based on the estimated quantities. If the actual quantity of the unit priced item varies above or below the estimated quantity, the contracting officer (CO) will consider an adjustment in the task order price, which may be executed with a bilateral modification. At the end of the period of performance (e.g., Base Period, Option Year 1, etc.) and after the contractor submits the final invoice for that period, the CO will issue a unilateral modification that specifies actual quantities and de-obligates any excess funding.

Page 1 of Page 1 of

B.3 PERFORMANCE WORK STATEMENT (PWS)

DEPARTMENT OF VETERANS AFFAIRS

VOCATIONAL REHABILITATION AND EMPLOYMENT DIVISION

DISCRETE IL SERVICES FOR

Independent Living Assessment Services

1.0 BACKGROUND

Program Office: Department of Veterans Affairs, Veterans Readiness & Employment Program (VR&E Division), 201 W. Houston Street 4th Floor, New York, NY 10014.

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. To accomplish this responsibility, the Vocational Rehabilitation and Employment Service Division (VR&E) within each Veterans Benefit Administration (VBA) Regional Office’s (RO) jurisdiction undertakes an initial evaluation of the Service member/Veteran to determine his or her entitlement for these services and assist and develops, in cooperation with the Service member/Veteran, an Individualized Written Plan of Services. Rehabilitation plans include: an Individualized Written Rehabilitation Plan (IWRP) that outlines training and job placement services needed to achieve employment goals; an employment placement under an Individualized Employment Assistance Plan (IEAP); an Individualized Extended Evaluation Plan (IEEP) to determine feasibility for employment, or if employment is not possible, services to enhance the Veteran’s independence in daily living under an Individualized Independent Living Plan (IILP).

The VA is charged with providing assistance to Veterans with service-connected disabilities through 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 VR&E services. Specialized services may also be required to complement services typically provided by VBA Staff.

In order to provide these services, VR&E requires Contractor assistance in the following area: Comprehensive Independent living Assessment. The objective of this contract is to assist Veterans to live as independently as possible in their homes and communities.

Under the terms of this contract, an authorized VR&E official will be responsible for: (1) Approval of a rehabilitation plan and (2) Approval or authorization of any specific expenditure or benefit to, or on behalf of, the Veteran whose case is referred to the Contractor. The Government will not incur any or be obligated for any services or benefit to, or on behalf of, a Veteran without prior authorization issued by the designated VR&E official.

2.0 PERIOD OF PERFORMANCE

The Period of Performance (POP) for any resultant contract shall be 12 months base from date of award, with four (4) 12 months option periods. The exercising of any option periods is at the sole discretion of the Government.

Contract performance shall not commence before Security Investigations Center (SIC) confirmation is received that the necessary background investigative documents are complete, and that the background investigation has begun (see section 10.J). Once the Contractor’s background investigation has been initiated, contract performance may commence. All required Independent Living Assessments must be completed within thirty (30) calendar days after the New York Regional Office (NYRO) makes a referral for services, and the final reports must be submitted within thirty (30) calendar days after completion of the assessments.

(CILA) requests shall be issued in accordance with this contract will be issued by a Contracting Officer (CO). Referrals issued under the resultant contract will be issued by delegated staff members within the VR&E Division, to meet the NYRO’s anticipated needs.

3.0 GEOGRAPHICAL SERVICE AREAS FOR COUNSELING SERVICES

Contractors must be available to provide Independent Living Assessments, (CILA), at the following counties, which encompass the NYRO’s geographical jurisdiction (exact addresses to be provided after award):

· Albany

· Bronx

· Clinton

· Columbia

· Delaware

· Dutchess

· Essex

· Franklin

· Fulton

· Greene

· Hamilton

· Kings

· Montgomery

· Nassau

· New York

· Orange

· Otsego

· Putnam

· Queens

· Rensselaer

· Richmond

· Rockland

· Saratoga

· Schenectady

· Schoharie

· Suffolk

· Sullivan

· Ulster

· Warren

· Washington

· Westchester Travel expenses to all locations must be calculated in accordance with Federal Travel Regulations and be included in the quoted price.

4.0 QUALIFICATION REQUIREMENTS FOR COUNSELORS

Contract Counselors, in the performance of services under this contract, shall use standard counseling principles and procedures generally recognized within the counseling profession by the Commission on Rehabilitation Counselor Certification at https://www.crccertification.com.

Each Contract Counselor recommended to perform counseling services under this contract must be approved by the VR&E Officer prior to the provision of any services under this contract. Contract Counselors must possess a minimum of a master’s degree in Rehabilitation Counseling, Counseling Psychology, Counselor Education, or a closely related counseling discipline, from an accredited college or university. Contractor shall submit, to VA, curriculum vitae, résumé, or a verifiable form of documentation for each Contract Counselor proposed under this solicitation and for any proposed Counselor during the performance of this contract. Only those individual Contract Counselors, Case Managers, and Project Staff that meet the minimum qualifications of the contract and have been approved by the VR&E Officer, shall perform services on this contract.

The Government reserves the right to examine and approve or disapprove the Contractor’s staff based on information provided in credentials and/or résumés. The Government reserves the right to examine and approve or disapprove the Contractor’s staff based on information provided in credentials and/or résumés. The COR will notify the Contractor of acceptance of newly proposed employees within 10 days of receipt of credentials, diplomas, and résumés.

The Contractor shall require its Counselor(s) to attend free online training sessions given by the VA. VA shall sponsor the courses. This training is required for continued performance under the contract by any Contract Counselor. The Contractor shall report annually to VA the names of courses taken, date of any course, and the provider of said course for each Contract Counselor proposed to work or working under this contract.

5.0 KEY PERSONNEL

5.1 CERTIFICATION FOR KEY PERSONNEL

The key personnel listed below are considered essential by the Government and to the work being performed under the contract and shall not be replaced or substituted after award. The exception to the replacements may occur due to circumstances beyond the Contractor's control such as death, illness or the like and must be of equal or better qualifications and approved by the COR. The Contractor and/or Key Personnel shall be insured, licensed and/or certified if required by the state or local statute for the state of New York. The following are the list of Key Personnel:

· Counselors Only those individuals that meet the qualifications of the contract, and have been approved by the COR shall perform services under the contract. Under no circumstances will anyone to include interns be approved to provide professional services under the contract.

6.0 SCOPE/PERFORMANCE REQUIREMENTS

The Department of Veterans Affairs intends to procure contract support for Vocational Rehabilitation and Employment (VR&E) Services. The Government’s objective for this contract is to both supplement and complement the services provided to Veterans and service members under Title 38 United States Code Chapter 31 and individuals under Title 38 United States Code Chapters 18, 35, and 36 by VA’s regional Vocational Rehabilitation and Employment Service (VR&E) offices within VBA.

6.1 DISCRETE SERVICES REQUIREMENTS

Discrete Services for the purpose of this request includes comprehensive independent living (CILA) assessments. For the independent living assessments, a locally licensed occupational therapist (OT) or Certified Rehabilitation Counselor will be required.

The following Discrete Services are required for Veterans who have already been approved to receive them: Comprehensive Independent Living Assessment (CILA.)

This flat-rate package is for an in-home assessment of an individual's ability to care for oneself on a daily basis and live independently at home and in the community. The initial appointments must take place within thirty (30) calendar days after receipt of award and the final reports must be submitted within thirty,

(30) calendar days after completion of the assessments. The report must correspond with the requirements as identified in M28 below.

Page 1 of Page 1 of M28C

(Change Date August 15, 2013) If the Preliminary Independent Living Assessment (PILA) indicates that the claimant may have impairments in ADL or suggests the claimant may have unmet IL needs, the VRC must coordinate the completion of a Comprehensive Independent Living Assessment (CILA). The CILA must be completed by an individual certified to evaluate IL needs. In accordance with 38 U.S.C. 3120 and 38 CFR 21.294, the person or facility conducting the evaluation must have a “demonstrated ability” to provide IL services. This is customarily evidenced by specialized IL experience and/or training.

The CILA evaluation must examine further into the issues identified on the PILA, and any other issues that were not identified during the assessment process. It must identify issues that may cause potential barriers to live independently. The evaluation must be conducted in the claimant’s home. When feasible, the CILA should also address issues that could potentially increase the claimant’s ability to obtain and maintain suitable employment.

1. Relevant Information for the Comprehensive Assessment (Change Date August 15, 2013) The comprehensive IL assessment requires the analysis of information from a variety of sources, such as:

· Medical records

· Functional capacity testing

· Consultations with medical providers

· Social service evaluations and/or reports

· Home based healthcare reports.

· Specialized IL assessments, such as occupational therapy or physical therapy evaluations

· Rehabilitation engineer reports

· Family members and caregivers (with the claimant’s permission)

2. Conducting the Comprehensive Assessment (Change Date August 15, 2013) The VRC may refer the claimant to a VA contract counselor to complete the CILA. A local contract agreement must be set in place to provide this service. The CILA may also be completed by VHA if those services are available at the local VHA facility.

The comprehensive evaluation must address specific issues, which may include, but is not limited to the following:

· Mobility - Ability to move efficiently from place to place within the home and community, which includes accessible means of transportation, if appropriate.

· Communication - Accurate and efficient transmission and/or reception of information, both verbally and non-verbally, which includes the claimant’s use of a telephone or adaptive equipment to communicate with family members, medical providers, friends, and others in the community.

· Self-Care - Skills necessary to fulfill basic needs, such as access health care, safety, food preparation, hygiene, grooming, and money management.

· Self-Direction - Ability to organize, structure, and manage activities in daily living. Adequate self-direction requires that the claimant be able to plan, initiate, and monitor behavior with respect to an identified outcome.

· Interpersonal Skills - Ability to interact in a socially acceptable manner with family, service providers, neighbors, and others encountered in routine interactions in the community.

· Productive Activities - Ability to perform activities which contribute to family and/or community.

The VRC must document the findings of the CILA in the VR&E record or by uploading the contractor report. This information will lead to the development of the ILLP.

The average number of hours to complete a Comprehensive Independent Living Assessment is four (4) hours.

3. Reviewing Results of the Comprehensive Assessment (Change Date August 15, 2013) The VRC may utilize the VRP to assist with reviewing the results of the comprehensive IL assessment to ensure that the evaluation has identified the issues that need to be addressed in the IILP. The VRP can provide technical assistance in the development of the IILP to ensure that the proposed plan of services will enable the claimant to achieve maximum independence. Refer to 38 CFR 21.60, 38 CFR 21.62, and M28C.II.A.4 for additional information on the use of the VRP.

The VRC must review the findings of the CILA, including the VRP’s recommendations if applicable, with the claimant. The information gathered during the CILA must be used in the development of the ILLP unless the reasons for not including them have been established and documented.

6.2 PERFORMANCE GOALS

Services to be performed under the terms and conditions of this contract are restricted to the major rehabilitation track for those Veterans whose primary rehabilitative objectives include: (1) achievement of independence in daily living.

Rehabilitation Objectives:

The rehabilitation objective for a Veteran for whom the achievement of a vocational goal has been determined to be infeasible is: (1) to enable the Veteran to achieve independence in daily living; or (2) to reduce the level of assistance required from others. The Contractor, in the case of an individual found by the VA to qualify for a program of independent living service, shall assess and recommend all services and assistance necessary to enable the Veteran to achieve maximum independence in daily living.

7.0 SPECIFIC TASKS AND DELIVERABLES

The Contractor shall perform the following:

A. Comprehensive Independent Living Assessment - For the one (1) discrete service above, VBA will provide case-related information as needed from the Counseling Evaluation Rehabilitation (CER) file to the Contractor, for each of the twelve (12) assessments that are required. Assessments must be accomplished within 30 calendar days after receipt of award.

B. Comprehensive Evaluation Report will include necessary pictures that may require modification to address reasonable accommodation - Final reports must be submitted within thirty (30) calendar days after completion of the assessments. The report must correspond with the requirements as identified in M28 (see attachment).

8.0 SPECIAL CONTRACT REQUIREMENTS

A. The referral package provided by VA will include the application and relevant Veteran contact information. The Contracting Officer (CO) will contact the Contractor and provide the contact information of the assigned Counselor to the Veteran for each referral. The Counselor will then provide the application and relevant Veteran contact information to the Contractor. The rating and medical/psychological information will be provided, if available from the Counselor to the Contractor. All written correspondence between Counselor and Contractor shall be encrypted or discussed on a secure telephone line and SSN shall be redacted, except for the last 4 digits used for identification purposes. When SSNs are required, the Contractors can only use the last four digits of the social security number of any individual serviced under this contract. There shall be no Veteran information including name, social security number (SSN) including last 4 digits, address, etc. on contracts or invoices.

B. 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 employer/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.

C. 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, outlined in Section 10.0 herein, 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 shredded)

· Name and position of individual who destroyed the documents.

D. Routine package shipping services for all VR&E files are to be provided by United Parcel Service (UPS) or Federal Express (Fed Ex) Ground Service. Both companies provide security tracking services. There may be occasions where the file is needed urgently, and an express shipping option is necessary.

F. All shipments of materials containing sensitive Veteran data must be made utilizing appropriate shipping materials. Boxes should be sturdy, in good repair and taped security. No personally identifiable veteran information may be visible on the exterior of shipping packages.

G. Prior to making a referral, the counselor shall notify the veteran the referral is being made and outline to the veteran the expectation of full participation. The contractor shall be responsible for setting up the initial appts. If the Veteran is a no show-no call, then the contractor shall advise the counselor. The counselor shall make contact with the Veteran and the counselor can aide with setting up the 2nd appointment, given the contractor provides various dates/times of availability.

H. Invoices may not be submitted until VA certifies acceptable performance of Independent Living Comprehensive Evaluation Report. Contract number and obligation number shall be added to all invoices before submittal to Contracting Officer.

VA will review the report within 5 business days of receipt and provide notification of acceptance or need for corrective action. Invoices will include certification of accepted Independent Living Comprehensive Evaluation Report.

8.1 GUARANTEED MINIMUM (MULTIPLE AWARD) AND CONTRACT MAXIMUM

The following is for a 5-year contract which includes the Base Period with 4-year options.

9.0 PRIVACY PROTECTION RIGHTS

A. 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).

B. 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.

C. Invoices must NOT include the Veteran’s Social Security number as identification. The last four numbers or case number are acceptable.

10.0 SECURITY

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; and VA Handbook 6500.6. See attached VA 6500.6 Appendix C, which is incorporated in the resulting purchase order to ensure appropriate security controls are in place.

Contractor Personnel Security

a. Any individual who requires access to the VA site(s), personally identifiable information (PII) and/or access to VA local area network (LAN) systems shall be the subject of a favorable fingerprint check (SAC) adjudicated by VBA Personnel Security Office (PERSEC). Individuals are required a background investigation and must receive a favorable adjudication from the VA Personnel Security and Adjudication Center (PSAC). These requirements are applicable to all sub-contractor personnel requiring any Background Investigation (BI) conducted by Defense Counterintelligence Security Agency (DCSA).

b. The level of BI will be in accordance with VA Directive 0710 dated June 4, 2010 and is available at http://www.va.gov/vapubs/viewPublication.asp?Pub_ID=487&FTyp.

Background Investigation: The Contractor employee level of BI required for this effort is:

Low Risk (T1) Security – Employees Moderate Risk (T2) – Managers and Directors Note: The position sensitivity should reflect the results from the completion of the PDAT versus the title of the individual.

Investigation Documents: Immediately after contract award, the COR will provide the Contractor with the following background investigation documents to be completed by the Contractor and returned thru the COR to VBA PERSEC to begin the background investigations process for all contract employees working on the contract who will have access to VA/VBA facilities, VA systems, or privacy data:

1. Background Investigation Request Worksheet

1. Optional Form 306 – Declaration of Federal Employment

1. VBA Contractor Fingerprint Request Form

1. VA Form 0710 – Authorization for Release of Information Fair Credit Report (if T2 or higher)

1. (SC) Self-Certification Form (if applicable)

1. VA Form 0711 – Request for Personal Identity Verification Card

1. SIC Contractor Background Request Form (unsigned)

Submitting Completed Package: Upon receipt of documents listed above from the COR, the COR will submit the background investigation package to VBA’s Personnel Security Specialist. Upon notification of favorable fingerprint results, the COR should request the official VA email account and will be notified of all background investigation requirements preventing the Contractor from an immediate onboard. Thereafter, the Contractor shall receive an email notification from DCSA including detailed instructions regarding completion of the background clearance application process in the Electronic Questionnaires for Investigations Processing (e-QIP) system. e-QIP is an online, internet accessible system, where the Contractor employee shall complete the security questionnaire required for OPM to process background investigation. Once the e-QIP is released by VBA PERSEC, scheduled by OPM, the Contractor may begin work while the background investigation is ongoing.

Reciprocation: Contractors who have current favorable background investigation previously conducted by OPM or DCSA may be accepted through reciprocation. When a previous personnel security clearance is currently held, it does not preclude the Contractor form submitting a complete Background Investigation Package as stated above to the COR immediately after contract award for all Contractor employees who will be working on the contract.

Pre-Screen: 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.

Contractor Performance: Contract performance shall not commence before

1. The VBA has confirmed favorable fingerprint results, or

1. PSAC confirms that it has received the Contractor’s investigative documents, The documents are complete, and that the background investigation information has been released to OPM for scheduling of the background investigation, or

1. VBA or the PSAC has confirmed that the verified investigation will be reciprocated.

Copy of Certificate of Investigation (COI): The COR will notify and forward the Contractor a copy of the Certificate of Investigation when the background investigation has been favorably completed or a Certificate of Eligibility (Form 4236) if the investigation has been reciprocated. 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, the Contractor personnel security requirements may result in termination of the contract for default.

Responsibility: The Contractor shall be responsible for the actions of those contract and subcontract employees it provides to perform work for the VBA. In the event damage arises from work performed by Contractor employees the Contractor will be responsible for resources necessary to remedy the incident.

Vendor Selection: Should the Contractor use a vendor other than OPM or DCSA to conduct background investigations, the investigative company must be certified by OPM/DCSA to conduct Contractor background investigations. The Vendor Cage Code number must be provided to the VA PSAC, which will verify the information and conclude whether access to the Government’s site(s) and/or VA LAN systems can be granted.

Investigative History: The investigative history for Contractor personnel working under this contract must be maintained in the databases of either OPM or DCSA.

Government Responsibilities:

· After the VBA PERSEC has quality controlled the BI package from the Contractor, the VBA PERSEC will send a courtesy e-mail notification to the Contractor and the COR identifying the e-QIP email from DCSA including detailed instructions regarding completion of the BI application process and the level of background that was requested.

· Upon receipt of required background investigative documents, VBA PERSEC will review the background investigative documents for completion and initiate the background investigation by forwarding the background investigative documents to OPM to conduct the BI. If the background documents are not complete, VBA PERSEC will notify the Contractor and COR of deficiencies and include corrective instructions.

· VBA PERSEC will pay for background investigations and reciprocals processed through the VA PSAC and conducted by OPM in advance.

· The COR will notify and forward the Contractor a copy of the Certificate of Investigation when the BI has been favorably adjudicated or a Certificate of Eligibility (Form 4236) if the investigation has been reciprocated. The COR will also notify the Contractor of an unfavorable adjudication by the Government.

Training

a. All Contractor and sub-contractor personnel requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and networks:

1) Sign and acknowledge understanding of and responsibilities for compliance with the National Rules of Behavior related to access to VA information and information systems.

2) Successfully complete any cyber security or privacy training as required for VA personnel with equivalent information and/or system access.

b. The Contractor shall provide to the Contracting Officer a copy of the training certificates and signed Rules of Behavior for each applicable employee within 30 days from the date TMS access is granted and annually thereafter, as required. These online courses are located at https://www.tms.va.gov/learning/user/login.jsp

11.0 CONFIDENTIALITY AND NONDISCLOSURE

It is agreed that:

1. 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 COR at the conclusion of the task order.

2. 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. No information shall be released by the contractor. Any request for information relating to this task order presented to the contractor shall be submitted to the CO for response.

3. 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.

12.0 TASK ORDER START-UP

The following schedule of events shall be adhered to after contract award:

A. Submit finalized Key Personnel Credential Checklist for Key Personnel. The following documents must accompany the completed Personnel Checklist – 5 business days:

1. Résumés, which cannot exceed a total of two pages in length per person proposed, which must provide information on education, and experience in vocational and rehabilitation, job placement, and/or assessment as appropriate and identify the position the person will hold in the Offeror’s organization after award.

2. Copies of transcripts and all relevant license/certifications per person proposed. Include the location of the office in which their work will be performed. All proposed personnel must meet the minimum qualification requirements outlined in the PWS.

3. Personnel Employment Status: Verification that all key personnel proposed is either current employees of the Offeror or encloses a copy of a commitment letter.

B. Performance begins day of 5 business days after contract award.

13.0 APPLICABLE REFERENCES

In the performance of the tasks associated with this Performance Work Statement (PWS), the Contractor must always comply with the following:

Chapters 18, 31, 35 and 36 of Title 38, United States Code https://www.gpo.gov/fdsys/browse/collectionUScode.action?collectionCode=USCODE

M28R, Vocational Rehabilitation and Employment Manual (https://benefits.va.gov/WARMS/M28R.asp)

Website for VR&E Program Information (https://www.benefits.va.gov/vocrehab/ ) Commission on Rehabilitation Counselor Certification (https://www.crccertification.com) 38 CFR 21.283 (https://edocket.access.gpo.gov/cfr_2004/julqtr/pdf/38cfr21.284.pdf Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

(End of Clause)

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days from contract expiration date.

(End of Clause)

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days from contract expiration date; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

(End of Clause)

C.4 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

(End of Clause) C.5 VAAR 852.211-76 LIQUIDATED DAMAGES - REIMBURSEMENT FOR DATA BREACH COSTS (FEB 2023)

(a) Definition. As used in this clause, ‘‘contract’’ means any contract, agreement, order or other instrument and encompasses the definition set forth in FAR 2.101.

(b) Non-disclosure requirements. As a condition of performance under a contract, order, agreement, or other instrument that requires access to sensitive personal information as defined in VAAR 802.101, the following is expressly required—

(1) The Contractor, subcontractor, their employees or business associates shall not, directly or through an affiliate or employee of the Contractor, subcontractor, or business associate, disclose sensitive personal information to any other person unless the disclosure is lawful and is expressly permitted under the contract; and

(2) The Contractor, subcontractor, their employees or business associates shall immediately notify the Contracting Officer and the Contracting Officer’s Representative (COR) of any security incident that occurs involving sensitive personal information.

(c) Liquidated damages. If the Contractor or any of its agents fails to protect VA sensitive personal information or otherwise engages in conduct which results in a data breach, the Contractor shall, in place of actual damages, pay to the Government liquidated damages of [$37.50] per affected individual in order to cover costs related to the notification, data breach analysis and credit monitoring. In the event the Contractor provides payment of actual damages in an amount determined to be adequate by the Contracting Officer, the Contracting Officer may forgo collection of liquidated damages.

(d) Purpose of liquidated damages. Based on the results from VA’s determination that there was a data breach caused by Contractor’s or any of its agents’ failure to protect or otherwise engaging in conduct to cause a data breach of VA sensitive personal information, and as directed by the Contracting Officer, 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 the following:

(1) Notification related costs.

(2) Credit monitoring reports.

(3) Data breach analysis and impact.

(4) Fraud alerts.

(5) Identity theft insurance.

(e) Relationship to termination clause, if applicable. If the Government terminates this contract, purchase order, or agreement, in whole or in part under clause 52.249–8, Default—Fixed-Price Supply and Service, or any other related FAR or VAAR clause included in the contract, in addition to the required liquidated damages for data breach related expenses specified in paragraph (c) above, the Contractor is liable for excess costs for those supplies and services for repurchase as may be required under the Termination clause.

(End of Clause)

C.6 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)

(a) Definition. for the Department of Veterans Affairs, ‘‘Service-disabled Veteran-owned small business concern or SDVOSB’’:

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled Veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled Veterans or eligible surviving spouses (see VAAR 802.201, Surviving Spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled Veterans (or eligible surviving spouses) or, in the case of a service-disabled Veteran with permanent and severe disability, the spouse or permanent caregiver of such Veteran;

(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been certified for ownership and control pursuant to 38 U.S.C. 8127, 13 CFR 128, and is listed as certified in the SBA certification database at https://veterans.certify.sba.gov/; and

(v) The business agrees to comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size, government contracting, and the Veteran Small Business Certification Program at 13 CFR parts 121, 125, and 128.

(2) The term ‘‘Service-disabled Veteran’’ means a Veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

(3) The term ‘‘small business concern’’ has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632).

(4) The term ‘‘small business concern…