36C10E20Q0244.docx

36C10E20Q0244

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 ATTA

CHED

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. SIGNAT

URE 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

101-20-4-4690-0048 36C10E20Q0244 08-05-2020 Jorge Martin 314-253-5386 08-21-2020

11:59 AM

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

Washington DC 20006 X X 541611 $16.5 Million N/A X 00101 Department of Veterans Affairs Veterans Benefits Administration Loan Guaranty Service (LGY) 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

See Block 15 and Page 2 for details.

See CONTINUATION Page The Department of Veterans Affairs is soliciting quotes from SDVOSB vendors for Regulatory Drafting & Impact Analysis Services.

See Solicitation's Price & Cost Schedule for details.

See CONTINUATION Page 101-3600151-4690-305000-2580 020006000 X Jorge L. Martin

VA-VBA-2019-0D54E390

A.2 CONTRACT ADMINISTRATION DATA

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 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:

TUNGSTEN (OB10) ELECTRONIC INVOICE SUBMISSION

FSC e-INVOICE PROGRAM THRU AUSTIN PORTAL

FSC MANDATORY ELECTRONIC INVOICE SUBMISSION FOR AUSTIN PAYMENTS

Please include Purchase Order Number and Obligation number on all invoices. Please reference the obligation number when uploading on Tungsten.

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.

• 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.

• 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

• http://www.fsc.va.gov/einvoice.asp ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

36C10E20Q0244

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES

BASE YEAR PERIOD OF PERFORMANCE: 12 MONTHS

EA

EA

NTE

$10,000.00

NTE

BASE YEAR TOTAL _________________________

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES

OPTION 1: PERIOD OF PERFORMANCE: 12 MONTHS

NTE

$10,000.00

OPTION YEAR 1 TOTAL _________________________

ITEM

DESCRIPTION OF

SUPPLIES/SERVICES

OPTION 2: PERIOD OF PERFORMANCE: 12 MONTHS

NTE

$10,000.00

OPTION YEAR 2 TOTAL _________________________

ITEM

DESCRIPTION OF

SUPPLIES/SERVICES

OPTION 3: PERIOD OF PERFORMANCE: 12 MONTHS

NTE

$10,000.00

OPTION YEAR 3 TOTAL _________________________

ITEM

DESCRIPTION OF

SUPPLIES/SERVICES

OPTION 4: PERIOD OF PERFORMANCE: 12 MONTHS

NTE

$10,000.00

OPTION YEAR 4 TOTAL _________________________

GRAND TOTAL ________________________________

NOTE: NUMBER OF ASSIGNMENTS ARE ESTIMATES ONLY FOR SOW TASKS 3, 4 AND 5. The schedule represents the quantities estimated to be ordered for these tasks over the delivery period. Actual quantities ordered may vary among line items but may not exceed the stated estimates without a modification.

B.2 DELIVERY SCHEDULE

Veterans Benefits Administration 1800 G St, NW, Washington DC 20006

B.3 STATEMENT OF WORK

A. GENERAL INFORMATION

1. Title of Project: Regulatory Drafting and Impact Analysis Services

2. Scope of Work: The contractor shall provide all resources necessary to accomplish the deliverables described in the statement of work (SOW), except as may otherwise be specified.

Specific regulatory project needs are subject to change based on Loan Guaranty Service (LGY), Veterans Benefits Administration (VBA), and Department of Veterans Affairs (VA) leadership priorities. Currently, however, regulatory and economic analysis services are needed to support the following priority projects in fiscal year 2021:

· Regulatory Implementation of Public Law 115-174, specifically, the proposed rule addressing VA interest rate reduction refinance loans (IRRRLs) and qualified mortgage (QM) status. To be based, in part, upon guidance that was already developed and implemented.

· Enforcement Regulations for Loan Origination, including assessing impact of policies related to implementing an enforcement suite that includes lender scorecards, lender lockout, limited denial participation, and penalties.

· Mandatory Electronic Submission of Loan Origination Documents When Reporting Loan. Continues LGY’s push towards electronic data ingestion of the Uniform Closing Dataset (UCD) and Uniform Residential Loan Application (URLA), among other datasets, to enhance data collection and oversight capabilities within LGY.

· Servicer Tier Ranking reform addressing incentives for successful loss-mitigation.

· Proposed rule clarifying circumstances when VA will exercise its authority to not publish a new Net Value cost factor.

Regardless of the specific project, the following services will be required:

· Analyzing agency objectives and implications of alternative policies.

· Technical writing and editing in drafting regulations, information collection requests, and regulatory impact analyses.

· Supporting compliance with the Administrative Procedure Act (APA) and applicable statutory requirements and executive orders.

· Analyzing and summarizing public comments.

· Conducting regulatory impact analyses, to include research, collecting, and analyzing pertinent internal and external housing and economic data.

· Conducting research regarding the application of the Regulatory Flexibility Analysis, drafting justification for non-application or conducting/drafting initial analysis for publication, if appropriate.

· Supporting LGY during the OMB clearance process.

3. Background: Loan Guaranty Service (LGY) is working on a number of high priority regulations designed to ensure VA home loans remain competitive with other mortgage products while providing appropriate protections for Veteran and military borrowers. Because the regulatory process can take upwards of 18-24 months under the best of circumstances, it is critical that LGY maintain momentum on these projects. The contractor will provide support that ensures there are individuals focused on regulatory priorities including the development and drafting of rulemaking packages. Additionally, the contractor will provide additional experience and resourcing to assist in drafting economic analysis documents that conform with all applicable laws, regulations, directives, and Executive Orders. Recent interactions with the Office of Management and Budget (OMB), to include its latest review of LGY’s interim final rule on VA cash-out refinance loans, revealed that future VA regulatory impact analyses will require more robust economic analyses that are on par with agencies that have teams solely devoted to economic forecasting and data analysis.

4. Performance Period: The period of performance is one year, from date of award, with (4) consecutive 12-month option years. Work at the government site shall not take place on Federal holidays or weekends unless directed by the Contracting Officer (CO).

5. Type of Contract: Firm-Fixed Price

6. Place of Performance: Work must be performed at the government’s site. 1800 G Street NW Washington, DC 20006

B. CONTRACT AWARD MEETING

The contractor shall not commence performance on the tasks in this SOW until the CO has conducted a kickoff meeting or has advised the contractor that a kickoff meeting is waived.

C. GENERAL REQUIREMENTS

1. For every task, the contractor shall identify in writing all necessary subtasks (if any), together with associated sub-milestone dates. The contractor's subtask structure shall be reflected in the detailed project management plan (PMP).

2. All written deliverables will be phrased in layperson language. Statistical and other technical terminology will not be used without providing a glossary of terms.

3. Unless otherwise specified within the SOW’s section D, tasks, where a written milestone deliverable is required in draft form, the VBA will complete their review of the draft deliverable within 15 business days from date of receipt. The contractor shall have 8 business days to deliver the final deliverable from date of receipt of the government’s comments.

D. SPECIFIC MANDATORY TASKS AND ASSOCIATED DELIVERABLES

Task One: The contractor shall provide a detailed PMP and briefing for the project team, which presents the contractor's plan for completing the SOW’s tasks. The contractor's plan shall be responsive to this SOW and describe, in further detail, the approach to be used for each aspect of the resulting contract. Given that each priority regulation will be in various stages of completion at the onset of this contract, the initial version of the PMP should include a general approach to completing a rulemaking package, including the development and drafting of a proposed regulation, regulatory impact analysis, and any other associated documents, the public comment period and a plan for reviewing/analyzing such comments and preparing the final rulemaking package. This general approach should include specific milestones and deliverables within the rulemaking process, a proposed timeline for completing each milestone/deliverable, and the level of resources needed to complete each deliverable. The contractor shall keep the PMP up to date throughout the period of performance, to include providing more specific timelines and plans for specific rulemakings, once assigned.

Deliverable One: A detailed PMP and briefing

Task Two: The contractor shall coordinate and facilitate weekly briefings and meetings with the government client to discuss current project status, assignments, roadblocks, and other related issues. Contractor shall provide meeting minutes within 1 business day of the conclusion of each meeting. In addition to weekly meetings, the contractor shall provide the Contracting Officer Representative (COR) with monthly written progress reports. Monthly written progress reports delivered to the COR by the second workday following the end of each calendar month throughout the project’s duration.

Deliverable Two: Monthly written progress reports.

Task Three: Approximately 4 times during the performance period, the contractor shall complete an analysis of agency objectives and implications of alternative policies associated with proposed regulatory changes to LGY programs, including home loan guarantee benefits, direct and vendee loan programs, and specially adapted housing. In conducting any analysis, the contractor shall: consider the current statutory and regulatory framework for the relevant LGY program; conduct sufficient background research and gathering of relevant data, if appropriate, to understand the need for regulatory and/or programmatic change; explore and define alternative policies to address the program goal(s) through independent research and collaboration with relevant LGY personnel, and; support any recommendations with relevant data and analysis. Any requested analysis shall be delivered to the government in a written format that is appropriate to the issue being researched. Generally, this will include a written issue paper, planning/course of action document, or other written document needed to facilitate high level public policy decision making. Regardless of format, the written deliverable must clearly convey the contractor’s analysis, including appropriate citation to any source(s) used to support the analysis. The contractor must also deliver any underlying research and data to the government for administrative recordkeeping purposes. All written analyses will be delivered to the government for review within 30 calendar days after assignment by the government, or as otherwise discussed. The government will provide the contractor with feedback on any written analysis within 10 business days, unless otherwise specified, and further revisions will, in turn, be submitted back to the government within 5 business days, unless otherwise specified.

Deliverable Three: A written issue paper, planning/course of action document and underlying research and data.

Task Four: Approximately 4 times during the performance period, the contractor shall complete technical writing and editing of draft rulemaking packages, to include the regulatory text and preamble, as well as all relevant supporting documentation. For each rulemaking, the contractor shall complete a Paperwork Reduction Analysis and any supporting forms/calculations/documentation, a Regulatory Flexibility Act (RFA) analysis (with either the analysis drafted for publication or a written justification for non-application of the RFA), and the regulatory impact analysis. Any work shall be done in compliance with the Administrative Procedure Act (APA), applicable statutory requirements and executive orders, the Federal Register Document Drafting Handbook, VA and GPO style guides, and any other document templates or instructions provided by the government. The regulatory impact analysis must be conducted in accordance with OMB Circular A-4 and all applicable executive orders and the contractor is responsible for conducting appropriate research, as well as collecting and analyzing pertinent internal and external housing and economic data. Rulemaking documents will be submitted to the government in the appropriate written format and in compliance with any applicable technical drafting guides, templates, and other requirements. The rulemaking documents shall include: the Federal Register publication (and all parts), the regulatory impact analysis, and an executive summary, if appropriate. The contractor must also deliver any underlying research and data to the government for administrative recordkeeping purposes. All rulemaking documents will be submitted to the government for review within 45 calendar days after assignment by the government, or as otherwise discussed, with the government providing feedback to the contractor within 15 business days, unless otherwise specified. Any revisions will, in turn, be submitted back to the government within 8 business days, unless otherwise specified.

Deliverable Four: Rulemaking documents and any underlying research and data.

Task Five: To the extent that any rulemakings undergo a public comment period during the performance period, the contractor shall conduct an analysis of all public comments received by the government. The contractor’s analysis shall include reviewing, cataloging, and summarizing each public comment for LGY in such manner that will facilitate leadership review and decision making about the next rulemaking stage. Any public comments must be catalogued and summarized in a single document that is easily searchable and may be filtered by issue area/regulatory concern. All public comments must also be summarized in more detail in a written document such that VA can provide an appropriate written response in a subsequent rulemaking document. All comment summary documents will be submitted to the government for review within 30 calendar days after the end of any public comment period.

Deliverable Five: Comment summary documents

Task Six: To the extent that any rulemakings undergo review by the Office of Management and Budget’s (OMB) Office of Regulatory and Information Affairs (OIRA) during the performance period, the contractor shall support LGY during the OMB clearance process.

E. SCHEDULE FOR DELIVERABLES

Deliverable No.

One Item

A detailed PMP and briefing

Quantity

Delivery Date

Within 10 calendar days from the contract effective date

F. TRAVEL

Travel and per diem shall be reimbursed in accordance with VA/Federal Travel Regulations. Each contractor invoice must include copies of all receipts that support the travel costs claimed in the invoice. Travel must be pre-approved by the COR. Travel must be priced separately in the price schedule. Local travel within a 50-mile radius from the contractor’s facility is considered the cost of doing business and will not be reimbursed. This includes travel, subsistence, and associated labor charges for travel time. Travel performed for personal convenience and daily travel to and from work at the contractor’s facility will not be reimbursed. Travel, subsistence, and associated labor charges for travel time for travel beyond a 50-mile radius of the contractor’s facility are authorized on a case-by-case basis and must be pre-approved by the COR.

G. GOVERNMENT FURNISHED PROPERTY AND INFORMATION

· The Government will provide office space, if determined appropriate, as well as any relevant program documentation. The Government’s issuance of Government Furnished Equipment (GFE) is limited to Contractor personnel requiring direct access to the network. When necessary and in accordance with FAR clause 52.245-1, the Government will furnish desktops or laptops, for use by the Contractor to access VA networks, systems, or applications. Additionally, when needed, the Government will transfer responsibility of contractor GFE, previously sponsored by another COR, to be associated with the COR of this contract.

· The overarching goal is to determine the most cost-effective approach to providing needed access to the VA environment. Contractor personnel shall adhere to all VA system access requirements for on-site and remote users in accordance with VA standards, local security regulations, policies and rules of behavior. GFE shall be approved by the COR on a case-by-case basis prior to issuance.

· The Government will not provide information technology (IT) accessories including but not limited to Mobile Wi-Fi hotspots/wireless access points, additional or specialized keyboards or mice, laptop bags, extra charging cables, extra Personal Identity Verification card readers, peripheral devices, or additional Random-Access Memory (RAM). The Contractor is responsible for providing these types of IT accessories in support of the contract as necessary and any VA installation required for these IT accessories shall be coordinated with the COR.

· It is anticipated that Government furnished information will be required for contractor performance of this requirement. In accordance with the SOW, Government-furnished Information (GFI) is being provided to the Contractor(s) as follows:

· The Government will provide office space, telephone service, IT communication devices and commodities, VA network access when authorized contract staff work at a Government location as required to accomplish the tasks associated with this SOW. All procedural guides, reference materials, and program documentation for the project and other Government applications will also be provided on an as-needed basis.

· The contractor shall request other Government documentation deemed pertinent to the work accomplishment directly from the Government officials with whom the contractor has contact.

· The contractor shall consider the COR as the final source for needed Government documentation when the contractor fails to secure the documents by other means. The contractor is expected to use common knowledge and resourcefulness in securing all other reference materials, standard industry publications, and related materials that are pertinent to the work.

H. CONTRACTOR EXPERIENCE REQUIREMENTS – KEY PERSONNEL

These skilled experienced professional and/or technical personnel are essential for successful contractor accomplishment of the work to be performed under this contract and subsequent task orders and options. These are defined as key personnel and are those persons whose resumes were submitted. The contractor agrees that the key personnel shall not be removed, diverted, or replaced from work without approval of the CO and COR. Key personnel for this contract include:

A Senior Economic Consultant with at least 15 years of experience and training in drafting economic analysis documents and managing economic analysis projects to include the following knowledge and experience:

· Supervising other staff

· Serving as a liaison between the company’s staff members and client

· Planning and managing long term projects involving junior staff members

· from economic research to development of economic impact analysis for

· proposed rulemaking and final rule documents

· Knowledge of and expertise in economic impact analysis in conformance

· with all applicable laws, regulations, directives, and Executive Orders

· Knowledge of and expertise in housing and economic policy and data, to include government housing programs such as FHA, VA, secondary markets mortgage-backed securities, and conventional mortgage markets

A Junior Economic Consultant with at least 6 years of experience and training in drafting economic analysis documents and conducting economic analysis projects to include the following knowledge and experience:

· Experience participating in regulatory economic impact analysis projects, such as economic research, cost-benefit analysis, market research, and drafting impact analysis in conformance with all applicable laws, regulations, directives, and Executive Orders

· Knowledge of and expertise in housing and economic policy and data, such as government housing programs such as FHA, VA, secondary markets, mortgage-backed securities, and conventional mortgage markets

A Regulatory Consultant with least 4 years of experience and training in drafting regulatory documents and managing regulatory projects to include the following knowledge and experience:

· Experience participating in regulatory projects, such as: regulatory research, development of proposed rules, analysis of public comments, and development of any related guidance and other regulatory materials (e.g., agency guidance documents, issue papers, and other documents needed to facilitate high level public policy decision making)

· Knowledge and experience in meeting requirements of Federal Register publication

Any personnel the contractor offers as substitutes shall have the ability and qualifications equal to or better than the key personnel being replaced. Requests to substitute personnel shall be approved by the COR and the CO. All requests for approval of substitutions in personnel shall be submitted to the COR and the CO within 30 calendar days prior to making any change in key personnel. The request shall be written and provide a detailed explanation of the circumstances necessitating the proposed substitution. The contractor shall submit a complete resume for the proposed substitute, any changes to the rate specified in the order (as applicable) and any other information requested by the CO needed to approve or disapprove the proposed substitution.

The CO will evaluate such requests and promptly notify the contractor of approval or disapproval thereof in writing.

I. SECURITY

VA Information and Information System Security/Privacy Requirements

General

All Contractors and Contractor personnel shall be subject to the same Federal security and privacy laws, regulations, standards and VA policies as VA, including the Privacy Act, 5 U.S.C. §552a, and VA personnel, regarding information and information system security. Contractors must follow policies and procedures outlined in VA Directive 6500, Information Security Program; and VA Handbook 6500.6, Contract Security. See attached VA 6500.6 Appendix C which is incorporated in the resulting contract to ensure appropriate security controls are in place.

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 Personnel Security Adjudication Center (PSAC). These requirements are applicable to all subcontractor personnel requiring the same level of Background Investigation.

The level of background security investigation will be in accordance with VA Directive 0710 dated May 2, 2016 and is available at http://www.va.gov/vapubs/.

Background Investigation

The contract employee level of background investigation required for this effort is: Tier 1. Investigations conducted to this standard are for positions designated as low risk, non sensitive, and for physical and/or logical access, pursuant to Federal Information Processing Standards Publication 201 and Homeland Security Presidential Directive (HSPD) 12, using Standard Form (SF) 85, or its successor form.

1. VA shall bear the expense of obtaining background investigations or reciprocals of previous investigations held that meet or exceed the required investigation level. The cost of background investigations is based on the current Office of Personnel Management (OPM) rate at the time the application is processed at OPM. VA will pay for investigations or reciprocals processed through the VA PSAC and conducted by OPM in advance.

2. Immediately after contract or task order award, the COR will provide the Contractor with the following background investigation documents to be completed by the Contractor and returned to the COR to begin the background investigation process for all contract employees working on the contract who will have access to VA facilities, VA systems, or privacy data:

a. Background Investigation Request Worksheet

b. Optional Form 306 –

c. Declaration of Federal Employment

d. Fingerprint Request Form

3. Upon receipt of the above-stated documents from the COR, the PSAC will perform preliminary onboarding review and process the request through the VA-Personnel Security Adjudication Center Resource Site. Upon notification of favorable fingerprint results by the PSAC, the contractor may begin work while the background investigation is ongoing. Thereafter, the Contractor will receive an email notification from the PSAC identifying the website link that includes 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 the background investigation.

4. Contractors who have a current favorable background investigation previously conducted by OPM or Defense Security Service (DSS) may be accepted through reciprocation. When a previous clearance is currently held, it does not preclude the vendor from submitting a complete Background Investigation Package as stated above to the COR immediately after contract or task order award for all contract employees who will be working on the contract.

5. 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.

6. Contract performance shall not commence before:

· The PSAC has confirmed favorable fingerprint results, or

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

· PSAC has confirmed that the verified investigation will be reciprocated.

7. The COR will notify and forward the Contractor a copy of the 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 with the Contractor personnel security requirements may result in termination of the contract for default.

8. 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.

9. 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

PSAC, which will verify the information and conclude whether access to the Government’s site(s) and/or VA LAN systems can be granted.

10. The investigative history for Contractor personnel working under this contract must be maintained in the databases of either OPM or the Defense Industrial Security Clearance Organization (DISCO).

Government Responsibilities

1. After the PSAC has adjudicated the background investigation package from the Contractor, the PSAC will send an e-mail notification to the Contractor and their POC identifying the e-QIP website link that includes detailed instructions regarding completion of the background clearance application process and the level of background that was requested.

2. Upon receipt of required investigative documents, PSAC will review the investigative documents for completion and initiate the background investigation by forwarding the investigative documents to OPM to conduct the background investigation. If the investigative documents are not complete, the PSAC will notify the vendor of deficiencies and include corrective instructions.

3. VA will pay for investigations and reciprocals processed through the VA PSAC and conducted by OPM in advance, however, the Contractor shall reimburse the full cost of background investigations/reciprocals 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 and may be considered grounds for default.

4. The COR will notify and forward the Contractor a copy of the 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.

J. 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 has 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.

K. NON-PERSONAL SERVICES:

The Government shall neither supervise contractor employees nor control the method by which the contractor performs the required tasks. It shall be the responsibility of the contractor to manage its employees and to guard against any actions that are of the nature of personal services or give the perception of personal services. If the contractor believes that any actions constitute, or are perceived to constitute personal services, it shall be the contractor's responsibility to notify the Contracting Officer (CO) immediately.

L. QUALITY CONTROL PLAN

The Contractor shall develop, maintain, enforce and document a Quality Control Plan (QCP). The QCP shall ensure the Government receives the level of quality that is consistent with the requirements specified in this contract. The QCP shall be sufficiently detailed to provide the Contractor’s methodology for identifying and recruiting qualified personnel. The QCP shall also provide the Contractor’s methodology for resolving problems identified. The QCP shall also provide the Contractor’s methodology for establishing an internal feedback system for support personnel, and for resolving problems identified by that feedback system. The QCP shall demonstrate and validate that the services or deliverables to be provided under the contract are completed with acceptable quality level. The QCP shall address Quality Management Approach, Quality Assurance, Quality Control and Quality Standards.

M. CHANGES TO STATEMENT OF WORK

Any changes to this SOW shall be authorized and approved only through written correspondence from the CO. A copy of each change will be kept in a project folder along with all other products of the project. Costs incurred by the contractor through the actions of parties other than the CO shall be borne by the contractor.

36C10E20Q0244

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SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6)…