36C10E19Q0298-002.docx

36C10E19Q0298

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.

DUNS:

DUNS+4:

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. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

VA

36C10E19Q0298 08-28-2019 Terri L. Jeane 615.983.4355 09-11-2019 3:00 pm CST 00101 Department of Veterans Affairs Veterans Benefits Administration Office of Acquisition 1800 G. Street N.W.

Washington

DC

20006 X X 624310 $11 Million N/A X 00101 Department of Veterans Affairs Veterans Benefits Administration Office of Acquisition 1800 G. Street N.W.

Washington

DC

20006 00101 Department of Veterans Affairs Veterans Benefits Administration Office of Acquisition 1800 G. Street N.W.

Washington

DC

20006

All invoices must be emailed to:

See CONTINUATION Page The Contractor shall provide Vocational Rehabilitation Chapter 31 Services - Discrete Services - Independent Living (IL) Assessment to eligible Veterans pursuant to the terms and conditions contained herein.

All questions must be submitted to terri.jeane@va.gov no later than 11:00 a.m. (CST) on September 4, 2019.

All question and answers will be published in Amendment to the solicitation.

This will be a requirements contract which will consist of a Base Year and four (4) Option Years; all being twelve (12) months each.

See CONTINUATION Page X Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C10E Department of Veterans Affairs Veterans Benefits Administration Office of Acquisition 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:

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

All invoices must be emailed to:

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

Page 1 of Page 1 of

PERFORMANCE WORK STATEMENT

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. Rehabilitation plans include: Individualized Written Rehabilitation Plans (IWRP) that outline training and job placement services needed to achieve employment goals; employment placement under an Individualized Employment Assistance Plan (IEAP); 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 Veterans Benefits Administration (VBA), Department of Veterans Affairs (VA) is charged with providing assistance to service-connected disabled Veterans through 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.

In order to provide these services, VR&E requires contractor assistance to provide discrete services to provide for the specialized needs of Veterans.

The objective of this contract is to assist Veterans to live as independently as possible in their homes and communities.

B. GENERAL

Department of Veterans Affairs, Veterans Benefits Administration (VBA), is conducting a national program for Vocational Rehabilitation and Employment Services (VR&E). This contract will be for a base period from TBD, 2017 through TBD, 2018, and four one-year option periods that may extend the period of performance through TBD, 2022 (TBD will be the date the contract is awarded ). Under the terms of any contract awarded as a result of this solicitation, 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. It is understood that no obligation will be incurred under this contract by the Government for any services or benefit to, or on behalf of, a Veteran without prior authorization issued by the designated VR&E official.

C. BASIS FOR AWARDS

1. Past Performance

1. Price.

D. GEOGRAPHICAL SERVICE AREAS FOR COUNSELING SERVICES

Requests for counseling services shall be referred by VBA to Contractors from among those Veterans living in the State of Missouri/ VR&E Station 331 jurisdiction.

Contractors must be available to provide services within major population areas no more than fifty (50) miles from the following metropolitan areas of Saint Louis, Kansas City, Springfield, Fort Leonard Wood, and 100 miles in rural areas, from the Veteran’s residence for at least 90% of all referrals made under this solicitation. Travel Cost outside the aforementioned parameters shall be included in the vendors proposed price for any of the services provided.

E. QUALIFICATION REQUIREMENTS FOR COUNSELORS

1. 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 http://www.crccertification.com.

1. 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 life of this contract. Résumés are also required for Contractor personnel performing Employment Services, demonstrating a minimum of two years job placement experience. 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.

1. 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.

II. SCOPE/PERFORMANCE REQUIREMENTS

A. GENERAL 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.

1. DISCRETE SERVICES

1. Discrete Services – As requested, the Contractor shall provide Discrete Services. This includes specific or unique services necessary to develop the information essential to completion of the initial assessment or evaluation. The services include (but are not limited to) Independent Living assessments or other professional services deemed necessary by the VA counselor.

1. 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: achievement of independence in daily living.

1. Rehabilitation Objectives:

0. The rehabilitation objective for a Veteran in an Independent Living track is to achieve an increase in his/her independence and to be able to live in a safer home environment. Emphasis shall be placed upon assistance designed to assure that the Veteran is able to increase their independence and safety.

1. 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.

B. PERFORMANCE REQUIREMENTS/GOALS

1. DESCRIPTION

Discrete Services includes independent living (IL) assessments. For the independent living assessments, a locally licensed occupational therapist (OT) or Certified Rehabilitation Counselor will be required. Contractor personnel and/or IL specialists may need to travel to remote locations. The services offered by the VR&E program are governed by 38 U.S.C. 3104. Independent living services are outlined in 38 CFR 21.160. In independent living planning, services are individualized and designed to assist the individual achieve the maximum level of independence possible, and when feasible, to increase the individual’s potential to return to work. The need for any supplies or equipment being considered to address an independent living need must be substantiated by results of both the preliminary and comprehensive independent living assessments

The following Discrete Services may be ordered on an as needed basis:

1. Independent Living (IL) Assessments: The Contractor shall provide, as a flat rate package, independent living (IL) assessments, 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. The average number of hours to complete independent living (IL) assessments is 4 hours.

1. A variety of services are available to assist in meeting the individual’s IL needs, to include:

1. Assistive technology Assessment

1. Medical and Mental health services Assess personal adjustment issues the individual or family may be experiencing as a result of the effects of the disability (ie). See 38 CFR 21.155 for guidance on the delivery of services to an individual’s family.

1. Identifying Appropriate Housing Accommodations

1. Coordination with Community-Based Resources

1. Equipment to Increase Independence in Activities of Daily Living VA prosthetics and/or Home Improvements and Structural Alterations (HISA) grant programs are the primary providers for equipment to increase independence in daily living. However, the VRC may provide equipment needed to increase activities of daily living as indicated on the Preliminary Independent Living Assessment if such equipment is not provided by prosthetics and/or HISA.

Examples of this type of equipment include, but are not limited to the following:

• Grab bars to increase independence and safety with bathing and toileting

• Shower chairs

• Raised toilet seats

• Shoe horns

• Grabbers to extend reach and mobility

Limitations:

1. Mobility Aids If the preliminary or comprehensive independent living needs assessment indicates that the individual would benefit from a mobility device, such as a wheelchair or mobility scooter, the VRC must send a medical referral to the prosthetics staff at the VA medical center and request a mobility assessment. The referral is made via VAF 28-8861, Request for Medical Services-Chapter 31. If the VA physician agrees that the mobility device is needed and arrangements cannot be made to provide the device through the VHA, VR&E may provide the device as part of an IILP. However, in no circumstance, should a tractor, mower, or similar equipment be identified as a mobility device or as a solution to an independent living need, and authorized as part of an IILP.

2. Avocational Needs The preliminary independent living assessment investigates the impact of the individual’s disability on avocational pursuits. If the preliminary or comprehensive evaluation indicates that the individual has limitations in the pursuit of avocational interests, the VRC may address those needs in the IILP.

Services may be provided in support of an avocational activity that the individual can no longer perform due to the effects of a disability(ies). For example, the individual may have been active in sports, but is no longer able to perform this activity due to physical limitations. In this situation, the VRC may provide resources for community adaptive sports or adaptive equipment to enable the individual to continue the activity in an effort to increase community involvement, as well as functional ability and mobility.

a. Definition:

Avocational is defined as activities or hobbies outside one’s main occupation that are done for enjoyment that enables or enhances the individual’s ability to engage in family and/or community activities that are integral to the achievement of the goals of the IILP.

b. Eligibility Criteria:

The following criteria must be met before providing services designed to support the pursuit of an avocational interest:

1. The disability condition(s) limits or prevents participation in the avocational interest.

2. The activity must have been previously performed for a significant amount of time, defined as over a twelve-month period.

3. A medical and/or mental health provider must provide documentation that continued support of the activity is not contraindicated.

4. An expert consultation to identify accommodations required to enable continued support of the activity must be completed by a qualified person, such as an occupational therapist.

5. The pursuit of the avocational interest must improve the individual’s independence in daily living in a measurable and verifiable manner.

6. The individual must have the ability and resources to sustain the activity or pursuit after the period of rehabilitation services are completed.

Limitations:

1. Number of Avocational Needs Services related to an avocational activity should not expand to more than one type of activity. For example, if adaptive sports equipment is provided for one avocational activity, then additional services for other avocation activities may not be provided even if the individual expresses interest in other activities.

2. Updating or Replacing Existing Equipment:

The VRC should not update or replace existing equipment that enables participation in an avocational activity. For example, providing a more complex camera or an updated computer program is prohibited.

3. Independent Living Services to Service members It is important to note that Service members who are entitled to independent living services under Public Law 110-181, National Defense Authorization Act of 2008 as extended by Public Law 112-56, Vow to Hire Heroes Act, can only receive independent living services that focus on the transition to civilian life, not retention in the military.

4. Participation in Medical Marijuana Programs Plan goals may not include provision of medical marijuana or tools for its cultivation or consumption. IILPs may not include training or other services related to the medical marijuana industry, which are likewise prohibited in employment plans.

2. PAYMENT

A flat rate for Independent Living Assessments is payable if complete services are delivered within performance standards. All payments shall be contingent upon meeting the performance standards in Section II.

3. REPORTS

Reports for hourly packages are due within each thirty days post referral.

1. CONTRACTOR PERFORMANCE PLAN

REQUIREMENTS

TASKS

PERFORMANCE STANDARD

ACCEPTABLE QUALITY LEVEL

INDICATOR

SURVEILLANCE METHOD

SERVICE GROUP E – DISCRETE SERVICES

Veterans receive the appropriate specialized services as deemed necessary by the VA. See Section II, B for additional details.

Discrete services are short-term, unique services needed for Veterans during the rehabilitation process. They include:

· Independent Living Assessment: This flat-rate package is for an in-home assessment of an individual's ability to care for themselves on a daily basis and live independently at home and in the community. The report will correspond with requirements in M28RR Manual.

95% of Veterans receive the appropriate specialized services identified by the VA.

90%

The initial appointment will take place within 10 calendar days of referral and the final report will be submitted within 30 days of referral.

Veterans will be contacted to confirm receipt of appropriate services/ referrals; review monthly reports.

IV. SPECIAL CONTRACT REQUIREMENTS

A. GENERAL REQUIREMENTS

The Contractor shall be aware of the following information and/or comply with the following requirements when providing service under this contract:

0. Unless otherwise specified, all timelines in the contract refer to calendar days.

0. All references to Veterans in this document also pertain to Service members who qualify for services.

0. Independent Living case management meetings are to be held at the Veteran’s home, unless the Veteran specifically requests an alternate location.

0. Counselors providing Independent Living Assessment Services shall provide résumés and proof of certifications for all areas, including Occupational Therapy and Rehabilitation Engineering. Under no circumstances will interns be approved to provide professional services under this contract.

0. The Contractor shall maintain a file upon completion or suspension of services that will be maintained and destroyed in accordance with VA Security Requirements as described elsewhere in this Performance Work Statement (PWS).

0. Contractors will be available to provide services within major population areas no more than 50 miles one way in major metropolitan areas, and 100 miles one way in rural areas, from the Veteran’s residence in at least 90% of all referrals made under this contract. The referral package provided by VA will include the application and relevant Veteran contact information. Rating and medical/psychological information will be provided, if available. All social security numbers will be redacted, with the exception of the last 4 digits used for identification purposes.

0. 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.

0. 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 a designated VR&E official. 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.

0. The Contractor shall not authorize additional services or supplies outside of those detailed in the VA’s request for service.

0. 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.

11. 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.

12. 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:

1. Veteran’s Name

1. Last four digits of the Veteran’s SSN

1. Type of document(s) and date(s)

1. Date of destruction

1. Means of destruction (preferably shredded)

1. Name and position of individual who destroyed the documents

1. 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.

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

1. For appointments/meetings that are missed or rescheduled by the Veteran, the Contractor shall notify the VA counselor immediately.

1. Reports will be submitted to VA via either hardcopy or electronically. Invoices shall be required to be submitted electronically only.

1. 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.

B. REFERRAL PROCEDURES:

The Contracting Officer shall award a contract for a Not-To-Exceed (NTE) amount, to cover the anticipated need for the services provided by the contractor. Specific referrals (See Attachment B) against the contract shall specify the exact service to be provided for each case. The referral is the individual referral issued by the local VR&E staff for each case, and shall draw down on the NTE amount identified in the Contract. The individual referral will indicate the specific services required by Contract Line Item Number (CLIN) and price. The Contractor shall then perform work under this contract as specified in the written referral issued by VR&E. Cost for such services is on a firm-fixed price basis, in accordance with pricing for each service in the Schedule of Prices. Each referral will be assigned a separate referral number used to track each referral against the corresponding contract. NTE contract do not bind the government to order a specific amount of services but instead serve as a government estimate of services anticipated to be ordered. Individual referrals are specific service “orders” and may be revoked at any time by the government. The contract will be issued by the Contracting Officer. Referrals will be issued by the COR (VR&E Officer) and/or his/her designee(s).

Each referral request shall include:

1. Contract Number and referral tracking number issued by VA

1. Veteran’s Name and last 4 digits of SSN

1. Benefit chapter

1. Name of Provider

1. Description of the work to be performed (Task/SOW)

1. Identification of the period of performance and required due dates

1. Date, total cost authorized, and proper cost code for the provided service

1. Fiscal year, if payments are to be charged against a prior year obligation

1. Authorizing VA signature

Contractor shall provide the results of all assessments in a written report/invoice to the VR&E Officer within 30 calendar days after referral by VA unless otherwise specified, in accordance with the attached SOW and Contractor Performance Plan (see Section III). All deliverable items (reports, case files, documentation, etc.) shall be packaged and shipped in a manner that the package shall reach the destination in satisfactory condition. The package shall be marked with the appropriate contract number, referral number, brief item description and designated Government point of contact(s) but shall not include any visible Veteran personally identifiable information. All services must be invoiced within 30 days of acceptance of deliverables. Final invoices must be received within 30 days of final services. Should the contractor be unable to complete the services requested, they must inform the COR, in writing, within 5 business days as to why services cannot be completed. The services may then be cancelled at VA’s discretion. Failure to notify VA of delays or reasons for incompletion may result in forfeiture of any payment against the referral) and negative performance rating.

C. BASIS FOR ISSUANCE OF REFERRALS

All referrals issued in accordance with this contract will be issued by the COR or his/her designee in VR&E Divisions, to meet the Regional Office’s anticipated needs, on the following basis, listed in descending order of importance:

1. Geography - The geographic location of the Contractor most convenient to the Veteran receiving the services.

1. Past Performance – The quality of the Contractor’s performance under this contract.

1. Workload - The Contractor’s existing workload under this contract, and the Contractor’s ability to handle the contract workload.

1. The Contractor’s price for the required services in accordance with the price schedule at Schedule B, Supplies/Services

1. Referrals against the contract will be issued by the COR or his/her designee(s).

D. INVOICING INSTRUCTIONS:

The contract shall email all invoice in arears to the contracting officer and courtesy copy the COR.

E. APPLICABLE REFERENCES

The following references are applicable to this PWS:

1. Chapters 18, 31, 35 and 36 of Title 38, United States Code www.va.gov/

1. M28R, Vocational Rehabilitation and Employment Manual (http://www.warms.vba.va.gov)

1. Website for VR&E Program Information (http://www.vetsuccess.gov)

1. Commission on Rehabilitation Counselor Certification (http://www.crccertification.com)

F. PRIVACY PROTECTION RIGHTS

1. The Contractor shall advise the Veteran of the Protection of Privacy, before services commence, and have the Veteran sign VA Form 288739a, Protection of Privacy Information Statement (to be provided upon assignment of each task with original to file and copy to the Veteran).

1. 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.

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

V. VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY REQUIREMENTS

A. 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.

B. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

VA will supply the Contractor with the minimum logical (technical) and/or physical access to VA information and VA information systems for employees and sub-contractors, (1) to perform the services specified in the contract, (2) to perform necessary maintenance functions for electronic storage or transmission media necessary for performance of the contract, and (3) for individuals who first satisfy the same conditions, requirements, and restrictions that comparable VA employees must meet to have access to the same type of VA information.

All Contractors and subcontractors working with VA Sensitive Information are subject to the same investigative requirements as those of regular VA appointees or employees who have access to the same types of information. The level of background security investigation will be in accordance with VA Directive 0710, Handbook 0710, which are available at:http://www1.va.gov/vapubs, and VHA Directive 0710 and Implementation Handbook 0710.01, which are available at:http://www1.va.gov/vhapublications/index.cfm. Contractors are responsible for screening their employees. The following are VA's approved policy exceptions for meeting VA background screenings/investigative requirements for certain types of Contractor personnel:

· Contractor personnel not accessing VA information resources, such as personnel hired to maintain the medical facility grounds, construction contracts, utility system contractors, etc.

· Contractor personnel with limited and intermittent access to equipment connected to networks on which no VA sensitive information resides

C. 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.

D. 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).

E. 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 COR 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

F. 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.

G. 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 COR 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.

H. 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:

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, and Contractor Rules of Behavior (supplement),

1. Successfully complete VA Cybersecurity Awareness training and annual refresher training as required,

1. Successfully complete VA General Privacy training and annual refresher training as required, and

1. Successfully complete any additional cybersecurity or privacy training as required for VA personnel with equivalent information system access.

The Contractor shall provide to the COR 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.

I. 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.

J. 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.

1. CONTRACTOR RESPONSIBILITIES

3. 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 through 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 three 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.

3. Immediately after contract award, the Contractor must submit a completed Attachment C form (VBA Contractor Background Investigation Request Worksheet) for all contract employees working the contract, who have access to, VA systems, or privacy data, to the COR.

3. 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.

3. 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.

3. Contractors who have current favorable background investigation conducted by OPM or Defense Security Service (DSS) may be accepted through reciprocation. However, it does not preclude the Contractor from submitting a completed Attachment C form immediately after contract or task order award for all contract employees working the contract to the COR.

3. 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 COR 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.

3. 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.

3. 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.

3. 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).

2. GOVERNMENT RESPONSIBILITIES

0. After the COR has received Attachment C form(s) from the Contractor, SIC will send an e-mail notification to the Contractor and their POC…