36C10E20Q0281.docx

36C10E20Q0281

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

101-20-4-5814-0083 36C10E20Q0281 09-01-2020 Paul Luetke 267-760-3322 09-14-2020

15:00 ET

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

Washington

DC

20006 X X 541820 $16.5 Million Net 30 Days N/A X 00101 Department of Veterans Affairs Veterans Benefits Administration Office of Field Operations 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

Reference PWS:

16.0 PAYMENT PROCEDURES

202-632-8974 See CONTINUATION Page Contractor shall provide Virtual Teletown Hall Support servives for the Veterans Benefits Administration in accordance with the Performance Work Statement.

Quoter’s must submit required documents, Part 1 thru 4 Listed in Section E.5 Para. “Quote Preparation Instructions” To be considered responsive.

Only verified SDVOSBs in the VIP database when a quote is submitted and at the time of contract award will be considered for award and unverified firms will be considered non-responsive and ineligible for award.

The NAICS for this Procurenment is 541820.

See CONTINUATION Page 101-3690151-5894-304000-2580 020010000 X X 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.

Reference PWS:

16.0 PAYMENT PROCEDURES

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

36C10E20Q0281

Page 1 of Page 1 of

B.2 PERFORMANCE WORK STATEMENT

VIRTUAL TELETOWN HALL TELECONFERENCE OUTREACH

1.0 INTRODUCTION

The Department of Veterans Affairs (VA) Veterans Benefits Administration (VBA) is seeking contractor services to support VBA's teleconference outreach strategy to support VBA’s three priorities: 1) Provide Veterans (and survivors, family members and service members where applicable) with the benefits they have earned in a manner that honors their service, 2) Ensure we are strong fiscal stewards of the money entrusted to us, and 3) Foster a culture of collaboration.

Key communications, outreach, and areas of focus may include any of VBA’s programs and services, including but not limited to those administered under the Office of Transition and Economic Development, Education Service, Compensation Service, Pension and Fiduciary Service, Loan Guaranty Service, Insurance Service, Appeals Management Office, Vocational Rehabilitation and Employment, and the Office of the Under Secretary for Benefits. VBA's outreach programs and activities are designed to ensure that important benefit information is provided to the right person at the right time and in the right way to improve ease of access and put Service members, Veterans, and their family members in control of how, when, and where they wish to be served.

VA requires an outreach contract to meet statutory requirements under Title 38 U.S.C. §6301, which requires VA to proactively provide information to eligible Veterans and dependents and providing them with timely and appropriate assistance to assist them in understanding benefits and services so that they may achieve a rapid social and economic transition to civilian life and obtain a higher standard of living for themselves and their dependents.

In its communications and outreach to various targeted populations, VBA strives to maximize the integration and efficient coordination of outreach activities, messaging, and materials to improve information flow, service delivery, and ultimately improve the experience of Veterans interacting with VA.

2.0 BACKGROUND

VBA’s outreach mission is operating in a period of rapid change. VA is serving a shrinking, but increasingly diverse population of Veterans. Public expectations about VA access and customer service is at the forefront of public dialogue. Furthermore, technological advances in all VBA benefit disciplines are changing the way VA communicates, learns, and interacts internally as an organization and externally with its partners and its customers. Current and future services must respond to these dynamic realities.

To enhance the Veteran experience, VA requires an accessible approach to reach more Veterans where they live. Many veterans live in areas with limited access to the Internet or with a limited skill set in terms of emerging technologies. Many refer to the relative inequality between those who have more and less access to bandwidth as the “digital divide.” The VA will attempt to overcome the hurdles associated with the digital divide by entering into a contract that provides teleconference services that respond to the concerns of Veterans. The teleconferences will be hosted by senior leadership from the Department of Veterans Affairs with program management, technical support, in-call staffing, analysis, and reporting provided by the contractor.

3.0 SCOPE

The contractor shall provide all resources necessary to accomplish the work and produce the deliverables in the Performance Work Statement (PWS). The contractor shall support the delivery of teleconference events for unique veteran target markets as defined by Nielsen. The scope of the Government’s current outreach effort is designed to reach 210 national markets. The contractor shall provide a summary of the Nielsen markets that it is able to reach. The contractor shall provide specific deliverables to include call lists of Veterans that are scrubbed through the National “Do Not Call” registry. The contractor will engage with local news outlets for each event to include scheduling and coordinating radio, TV, newspaper, magazine or virtual online interviews. Actual teleconference events require back end support to include technical support staff with the ability to immediately respond and resolve issues before and during each event. The contractor shall provide a designated crisis support staffer with expertise in all technical aspects of the platform used to run the events. Additionally, the contractor shall provide audio recordings of each event as well as detailed analytics reports for each call to include the names and phone numbers of everyone who asked a question, how many people attended each event, how many questions were recorded, audio recordings of each question recorded, and the cumulative and overall numbers for each category listed here. The Government requires recordings and analytics reports for each event.

4.0 PERFORMANCE DETAILS

4.1. Period of Performance: The period of performance shall be a six-month base period and (4) six-month option periods.

4.2. Place of Performance: All work shall take place at the contractor's facility(ies) with the exception of mandatory in-person meetings located at 1800 G Street NW in Washington, D.C. Travel to mandatory in-person meetings is reimbursable in accordance with Section 5.0 of the PWS assuming that the Government preapproves the travel.

No documents may be transferred or communicated outside of the United States, and all work must be performed in the United States.

5.0 TRAVEL

Travel may be required in support of some of the deliverables in this contract. The government will reimburse travel up to but not to exceed $10,000 per contract period in accordance with Federal Travel Regulations. Each contractor invoice claiming travel expenses should include copies of all receipts that support the travel costs claimed. Travel must be approved in advance by the Contracting Officer (CO) or the Contracting Officer Representative (COR) prior to the date of travel. Travel should be priced separately in the price schedule. Local travel within a 50-mile radius of VBA Headquarters in Washington, DC 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 VBA Headquarters or the contractor’s facility will not be reimbursed. Travel, subsistence, and associated labor charges for travel time for travel beyond the 50-mile radius of VBA Headquarters will be authorized on a case-by-case basis for mission requirements and must be approved by the CO or COR. All reimbursable travel must be preapproved by the CO or COR.

6.0 SPECIFIC TASKS AND DELIVERABLES

6.1. General Requirements

The following general requirements apply:

1) All written deliverables will be in plain language. Statistical and other technical terminology will not be used without providing a glossary of terms.

2) Where a written milestone deliverable is required in draft form, the contractor will deliver the product within five business days, or otherwise mutually determined by the parties without sacrificing quality. VBA will complete their review of the draft deliverable no later than five business days from the date of receipt. The contractor shall have three business days to deliver the final deliverable from date of receipt of the government's comments.

3) A Work Breakdown Structure, Project Schedule, and Risk and Issue Management Plan will be supplied to the Government within 10 days of contract award. This effort and referred to as the Project Management Plan under Task One.

6.2. Specific Mandatory Task and Associated Deliverables

Description of Task and Associated Deliverables: The contractor shall provide the specific deliverables described below within the performance period stated in Section 4.1 of this PWS.

6.2.1. Task One: Project Management Plan: The Project Management Plan is a detailed calendar of events that lists the dates and times of each planned engagement to include a list of the staff that will be on hand, identified by role. The plan shall explain how the system utilized for these events will work, who the team working on the events will be (identified by role), and a calendar of events concurrent with the agreed upon pricing for each item. The plan submitted shall satisfy the points of the contract as well as stay within the limits of expenditure as defined by the contract. The level of outreach in terms of the number of Veterans the VA attempts to reach is at the discretion of the VA within the parameters of the contract.

6.2.1.1. Task One Deliverables - CLIN 0001:

Deliverable: Project Management Plan

6.2.2. Task Two: Project Management Services: The contractor shall host weekly meetings regarding the quality and performance of each engagement and generally stay on task with all deliverables as defined in this work statement. The contractor shall provide dedicated support and availability to address items and concerns as they arise. Weekly meetings to be coordinated by the contractor with staff from VBA.

6.2.2.1 Task Two Deliverables - CLIN 0002:

Deliverable: Project management via non-personal services to include weekly meetings and deliverable coordination.

6.2.3. Task Three: Individual Event Media Scheduling and Preparation Report: The contractor shall provide a proposed call list of Veterans’ phone numbers for each event. The call list must be scrubbed through the “National - Do Not Call” registry and the scrubbed list shall be provided by the contractor for each engagement. The list will be loaded into the call system by the contractor’s technical staff. VBA will attempt to contact on average 40,000 stakeholders per event; however, the number of calls does fluctuate based on the size of the target market. VBA is able to provide approximately 80% of the contact numbers through its internal resources. The contractor is responsible for providing approximately 20% of the contact numbers in accordance with the planned level of outreach for each event. The contractor-supplied number of phone numbers translates to approximately 600,000 of the attempted phone contacts outlined in deliverable four.

The contractor shall secure media interviews to promote the event. Interviews must be secured and accomplished prior to the event. The Government will provide senior personnel to serve as interviewees.

6.2.3.1. Task Three Deliverables - CLIN 0003:

Deliverable: Project management via non-personal services to include completed interviews and preparation reports.

6.2.4. Task Four: Bulk Order of Automated Call Invitations: The contractor’s system will call out to the Veteran lists created in Task Three. The platform must allow the caller’s host to make a message to be heard by each Veteran. The system must provide a defined functionality to make a recording for each Veteran who receives a dial out to hear a message from the VBA that welcomes the Veteran to opt into the call. The message will play prior to opting into the call. A standing call-in number shall also be provided to designated VBA staff. The VBA will preapprove the number of calls that are attempted and the contractor shall invoice the VA for the actual number of calls attempted as priced in this task.

6.2.4.1. Task Four Deliverable – CLIN 0004:

Deliverable: Attempted calls to veterans to be allocated at the Government’s discretion for each event.

6.2.5. Task Five: Individual Event Coordination, Staffing, and Execution: A list of technical staff with their roles clearly defined shall be provided. Each individual event will be coordinated by the 15th of each month for the following month and each event will be executed from beginning to end for the duration of 1 hour. A platform manager shall be on the call to handle errors with the system when needed. A communications advisor will be present to advise on messaging and generate reports after each call. Each event should be executed to its planned completion and provide full system functionality for the duration of each call. A successful event is defined as full system functionality for the duration of each individual event.

6.2.5.1 Task Five Deliverable – CLIN 0005:

Deliverable: Successfully completed event in the agreed upon time frame

6.2.6. Task Six: Individual Event Audio Recording: A full audio recording will be made available for each event and delivered with the Analytics report, no later than 6 hours after each event.

6.2.6.1. Task Six Deliverables – CLIN 0006: Audio Recording

Deliverable: Individual audio recording provided in an acceptable format on per event basis

6.2.7. Task Seven: Analytics Reporting: A full report including the name, phone number and recording of each question shall be delivered to include a spreadsheet and back end access to the system’s recording tools that create reports on metrics in the following categories:

- Overall number of attendees

- How many voicemails left

- How many call outs were performed

- How many people stayed on the call for at least 1 minute

6.2.7.1. Task Seven Deliverable – CLIN 0007: Analytics Reporting Deliverable: Individual event analytics report on a per event basis

7.0 REPORTING REQUIREMENTS

7.1 Deliverable Format/Acceptability

Unless otherwise directed by the CO or the COR in writing, all deliverables shall be submitted to the Office of Strategic Engagement COR. If requested, the Contractor shall be responsible for providing the number of hardcopy deliverables to the COR for each submittal. The Contractor shall be paid for completed deliverables submitted in accordance with agreed-upon delivery dates and accepted by the COR. Acceptability criteria are provided in section 8.0. All deliverables must be compliant with Section 508 of the Rehabilitation Act of 1973 (1998 Amendments) according to the requirements for each such deliverable.

7.2 File Formats

Graphics must be in an acceptable format accessible through the VA network and firewall. The COR will provide guidance (upon request) on acceptable formats at the time of the project, as IT systems frequently change. Graphic standards dictating certain artistic choices may arise during the course of this contract, imposed by policy at the VA Department level. These standards may apply to logos, colors, and other design elements. The Contractor must be prepared to adapt for new projects at that point forward to accommodate these Departmental policies. If not implemented by the time of the award of this contract, the VA Graphics Standards policy in draft form being considered for adoption can be provided by the COR at the commencement of work as informal guidance.

7.3 Electronic Delivery of Materials

Due to limitations of VA's mail gateway and mailbox size restrictions, files more than 2 MB shall be delivered via a file-sharing service such as box.net and remain available for the Government to download for no less than 14 days after the first working day on which notice of the file's location is emailed to the COR and Government Project Manager. This requirement shall apply to all materials identified anywhere in this Performance Work Statement.

Files submitted for review shall be delivered in pdf format sized for printing on 8.5 x 11-inch paper. Narrative text documents may be provided in Word or pdf format. When production of materials has been completed as evidenced by Government final approval, regardless of whether or not an attendant campaign is under way, within a week after approval, Contractor shall furnish the Government copies as follows:

Any files identified above shall also be provided in their original, modifiable native file format (e.g., InDesign, Photoshop, Adobe Illustrator, etc.). Other files shall be provided as follows: for straight text, Word; for video, dv versions; and for audio, .mp3 or .aiff versions. All pieces shall be provided at highest resolution or quality available. Nothing in this section shall supersede format requirements identified in a Work Order and shall be additive to said requirements.

For any material not covered above, Contractor shall furnish all such material in progress under the same conditions at least two weeks before the expiration of the contract.

7.4 Deliverable Schedule

The contractor shall complete each deliverable by the delivery date specified by the official notification of task in meeting or email by authorized VA personnel (includes COR, CO, project manager, senior VA leaders), task order (if available), or the date assigned by the government after notification provided for services outlined in the PWS. VBA will provide as much notice as possible to achieve the task, and the contractor will respond within a business day regarding their ability to meet the timeline. Imposed deadlines will meet generally accepted industry standards.

If for any reason the schedule time for a deliverable cannot be met, the contractor is required to explain why (include the original deliverable due date) in writing to the COR, including a firm commitment of when the work shall be completed. This notice to the COR shall cite the reasons for the delay and the impact on the overall project. The COR will then work with contractor and parties involved, or notify the CO. If the CO is notified, the CO will then review the facts and issue a response in accordance with applicable regulations.

8.0 EXPECTED OUTCOMES OF DELIVERABLES

The Government’s goal is to ensure that the teleconference outreach efforts result in specific outcomes. The Government shall use generally accepted industry standards to determine whether the performance standards/service levels have been met. If the contractor has not met the minimum requirements, it may be asked to develop a corrective action plan to show how and by what date it intends to bring performance up to the required levels. The contractor is responsible for management and quality control actions to meet the terms of the contract. The role of the government is quality assurance to ensure contract standards are achieved. The table below provides a framework for how the Government will ensure that the deliverables align with the desired outcomes:

Project Management Plan

CLIN 0001

Project Management Services

CLIN 0002

Individual event preparation report inclusive of vendor generated call list, integrated and filtered Government call list with data validation, and the recommend script

CLIN 0003

Bulk order of automated call invitations allocated at the Government’s discretion to each event

CLIN 0004

Individual event coordination, staffing, and execution on a per event basis

CLIN 0005

Individual event question audio recording on a per event basis

CLIN 0006

Individual event analytics report and recording on a per event basis

CLIN 0007

The contracting officer’s representative (COR) is designated in writing by the CO to act as his or her authorized representative to assist in administering a contract. COR limitations are contained in the written appointment letter. The COR is responsible for technical administration of the project and ensures proper government surveillance of the contractor’s performance. The COR is not empowered to make any contractual commitments or to authorize any contractual changes on the government’s behalf. Any changes that the contractor deems may affect contract price, terms, or conditions shall be referred to the CO for action. The COR will have the responsibility for completing documentation used to record the inspection and evaluation of the contractor’s work performance. Government surveillance may occur under the inspection of services clause for any service relating to the contract.

9.0 ADMINISTRATIVE REQUIREMENTS

The Contractor shall complete standard administrative tasks (e.g. background investigation forms, staff roster, mandatory training) as outlined in the base contract and task order. For every task, the Contractor shall identify in writing all necessary subtasks (if any), associated costs by task, together with associated sub milestone dates. The Contractor's subtask structure shall be reflected in the proposal and detailed project management plan (PMP).

The contractor shall meet with designated VBA staff upon request and for the allocated time determined by the COR at a location determined by VBA staff to determine the scope of the project and the specific needs of the agency. Meeting minutes will be required to the Government POC within two weeks. The Contractor shall follow VBA procedures for requesting access to VBA subject matter experts (SME) and any other required VBA personnel, so that VBA can provide these resources. The Contractor shall coordinate closely with the COR for VBA personnel requirements. Contractor meeting requests shall be submitted at least two weeks before any proposed dates. For all planned actions in the request, the following shall be submitted:

o Number and type of VBA personnel required o Hours required o Dates required o Activity supported o Location of activity

10.0 GENERAL INFORMATION

The Contractor shall demonstrate a quality assurance program to ensure all deliverables meet quality requirements. The Contractor shall take corrective action when any task associated with the order is found deficient or substandard. The cost of correction is to be borne by the Contractor.

11.0 PERSONNEL

11.1 Key Personnel

Certain skilled, experienced professional and/or technical personnel are essential for accomplishing the work to be performed. These individuals are defined as "Key Personnel" and are those persons whose resumes were submitted and marked by the Contractor as "Key Personnel" under the technical Capability Management Approach factor. Substitutions shall only be accepted if in compliance with the "Substitution of Key Personnel" provision identified below.

Key Personnel for this requirement are noted below:

- Program Manager: Must possess at least seven years of Project/Program Management experience with complex communications programs. A Project Management Institute Project Management Professional certification or relevant bachelor’s degree is required. Contractor may work from Contractor site.

- Platform Manager: The technical expert that will serve as the liaison between support staff and VBA staff. The platform manager must possess working knowledge of the sensitivities regarding Veterans, PTSD and the potential for self-harm.

- Crisis Manager: Must possess full working knowledge of the entire system used for the events and be able to overcome problems with the system’s functionality before and during each event. This individual does not have to be specifically designated to each event but the contractor must provide, on-demand access as issues with the system arise before or during each event.

- Communications Advisor: On hand during each call to provide support and to complete messaging analysis after each event.

The contractor is encouraged to outline extra technical staff that will be available for each call. The contractor must possess the ability to call on extra technical staff should there be a problem with the system before or during each event. The support staff should be outlined in the contractor’s response via a basis of effort/mix of labor matrix that includes the proposed labor categories and the number of labor hours/personnel proposed to meet the intent of the PWS. Unlike key personnel, resumes for supporting staff are not required. The mix of labor and proposed level of effort will be evaluated as part of the technical evaluation.

11.2 Substitution of Key Personnel

All Contractor requests for approval of substitutions hereunder shall be submitted in writing to the COR, or Authorized Designee, and the CO at least fifteen calendar days in advance of the effective date, whenever possible, and shall provide a detailed explanation of the circumstances necessitating the proposed substitution, a complete resume for the proposed substitute, and any other information requested by the CO necessary to approve or disapprove the proposed substitution. New personnel shall not commence work until all necessary security requirements have been fulfilled and resumes provided and accepted. The COR and the CO will evaluate such requests and promptly notify the Contractor of approval or disapproval in writing. Any substituted personnel shall have the equivalent or better qualifications as stated in the PWS than the personnel they may replace, subject to VA review and approval.

12.0 PAST PERFORMANCE

Interim and final contractor performance reports will be prepared on this contract in accordance with FAR46. The final performance report will be prepared at the time of completion of work.

Interim and final reports will be provided to the contractor as soon as practicable after completion. The contractor will be permitted thirty days to review the document and to submit additional information or a rebutting statement. Any disagreement between the parties regarding a report will be referred to the CO, whose decision will be final. Copies of the reports, contractor responses, and review comments, if any, will be retained as part of the contract file, and it may be used to support future award decisions.

13.0 CONTRACTING OFFICER REPRESENTATIVE (COR)

Performance of work under this contract is subject to the technical direction of the COR. The term “technical direction” includes, without limitation, direction to the contractor that directs or redirects the labor effort, shifts the work between work areas or locations, and/or fills in details and otherwise serves to ensure that tasks outlined in the contract are accomplished satisfactorily.

Technical direction must be within the scope of the contract specification(s)/work statement. The COR does not have authority to issue technical direction that:

(1) Constitutes additional work outside the contract specification(s)/work statement;

(2) Constitutes a change as defined in the “Changes” clause of this contract;

(3) Causes an increase or decrease in the contract price, or the time required for contract performance;

(4) Changes any of the terms, conditions, or specification(s)/work statement of the contract;

(5) Interferes with the contractor's right to perform under the terms and conditions of the contract; or

(6) Directs, supervises or otherwise controls the actions of the contractor's employees.

Technical direction may be oral or in writing. The Contractor shall proceed promptly with performance resulting from the technical direction issued by the COR. If, in the opinion of the contractor, any direction of the COR or the designated representative falls within the limitations of above, the contractor shall immediately notify the Contracting Officer no later than the beginning of the next Government workday.

14.0 VA INFORMATION AND SYSTEM SECURITY/PRIVACY LANGUAGE

APPLICABLE PARAGRAPHS TAILORED FROM: VA HANDBOOK 6500.6, CONTRACT SECURITY, APPENDIX C, THE VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE, MARCH 12, 2010

14.1 GENERAL

Contractors, Contractor personnel, Subcontractors, and Subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.

14.2 ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

a. A Contractor/Subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, Subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order.

b. All Contractors, Subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for Contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.

c. Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness.

d. Custom software development and outsourced operations must be located in the U.S. to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates (e.g. Business Associate Agreement, Section 3G), the Contractor/Subcontractor must state where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor.

e. The Contractor or Subcontractor must notify the CO immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the Contractor or Subcontractor’s employ. The CO must also be notified immediately by the Contractor or Subcontractor prior to an unfriendly termination.

f. The C&A requirements do not apply, and that a Security Accreditation Package is not required.

14.3 VA INFORMATION CUSTODIAL LANGUAGE

a. Information made available to the Contractor or Subcontractor by VA for the performance or administration of this contract or information developed by the Contractor/Subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of VA. This clause expressly limits the Contractor/Subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1).

b. VA information should not be co-mingled, if possible, with any other data on the Contractors/Subcontractor’s information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the Contractor must ensure that VA information is returned to VA or destroyed in accordance with VA’s sanitization requirements. VA reserves the right to conduct onsite inspections of Contractor and Subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements.

c. Prior to termination or completion of this contractor, Contractor/Subcontractor must not destroy information received from VA, or gathered/created by the Contractor in the course of performing this contractor without prior written approval by VA. Any data destruction done on behalf of VA by a Contractor/Subcontractor must be done in 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, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the Contractor that the data destruction requirements above have been met must be sent to the VA CO within 30 days of termination of the contractor.

d. The Contractor/Subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract.

e. The Contractor/Subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on Contractor/Subcontractor electronic storage media for restoration in case any electronic equipment or data used by the Contractor/Subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed.

f. 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 withhold payment to the Contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12.

g. If a VBA contract is terminated for cause, the associated Business Associate Agreement (BAA) must also be terminated and appropriate actions taken. Absent an agreement to use or disclose protected health information, there is no business associate relationship.

h. The Contractor/Subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated.

i. The Contractor/Subcontractor’s firewall and Web services security controls, if applicable, shall meet or exceed VA minimum requirements. VA Configuration Guidelines are available upon request.

j. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the Contractor/Subcontractor 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 prior written approval. The Contractor/Subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA CO for response.

k. Notwithstanding the provision above, the Contractor/Subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the Contractor/Subcontractor is in receipt of a court order or other requests for the above mentioned information, that Contractor/Subcontractor shall immediately refer such court orders or other requests to the VA CO for response.

l. For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require Assessment and Authorization (A&A) or a Memorandum of Understanding-Interconnection Service Agreement (MOU-ISA) for system interconnection, the Contractor/Subcontractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the COR.

14.4 INFORMATION SYSTEM DESIGN AND DEVELOPMENT

a. Information systems that are designed or developed for or on behalf of VA at non-VA facilities shall comply with all VA directives developed in accordance with FISMA, HIPAA, NIST, and related VA security and privacy control requirements for Federal information systems. This includes standards for the protection of electronic PHI, outlined in 45 C.F.R. Part 164, Subpart C, information and system security categorization level designations in accordance with FIPS 199 and FIPS 200 with implementation of all baseline security controls commensurate with the FIPS 199 system security categorization (reference VA Handbook 6500, Risk Management Framework for VA Information Systems – Tier 3: VA Information Security Program, and the TIC Reference Architecture). During the development cycle a Privacy Impact Assessment (PIA) must be completed, provided to the COR, and approved by the VA Privacy Service in accordance with Directive 6508, Implementation of Privacy Threshold Analysis and Privacy Impact Assessment.

b. The Contractor/Subcontractor shall certify to the COR that applications are fully functional and operate correctly as intended on systems using the VA Federal Desktop Core Configuration (FDCC), and the common security configuration guidelines provided by NIST or VA. This includes Internet Explorer 11 configured to operate on Windows 7 and future versions, as required.

c. The standard installation, operation, maintenance, updating, and patching of software shall not alter the configuration settings from the VA approved and FDCC configuration. Information technology staff must also use the Windows Installer Service for installation to the default “program files” directory and silently install and uninstall.

d. Applications designed for normal end users shall run in the standard user context without elevated system administration privileges.

e. The security controls must be designed, developed, approved by VA, and implemented in accordance with the provisions of VA security system development life cycle as outlined in NIST Special Publication 800-37, Guide for Applying the Risk Management Framework to Federal Information Systems, VA Handbook 6500, and VA Handbook 6500.5, Incorporating Security and Privacy in System Development Lifecycle.

f. The Contractor/Subcontractor is required to design, develop, or operate a System of Records Notice (SOR) on individuals to accomplish an agency function subject to the Privacy Act of 1974, (as amended), Public Law 93-579, December 31, 1974 (5 U.S.C. 552a) and applicable agency regulations. Violation of the Privacy Act may involve the imposition of criminal and civil penalties.

g. The Contractor/Subcontractor agrees to:

(1) Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies:

(a) The Systems of Records (SOR); and

(b) The design, development, or operation work that the Contractor/Subcontractor is to perform;

(2) Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the redesign, development, or operation of a SOR on individuals that is subject to the Privacy Act; and

h. In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a SOR on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a SOR on individuals to accomplish an agency function. For purposes of the Act, when the contract is for the operation of a SOR on individuals to accomplish an agency function, the Contractor/Subcontractor is considered to be an employee of the agency.

(1) “Operation of a System of Records” means performance of any of the activities associated with maintaining the SOR, including the collection, use, maintenance, and dissemination of records.

(2) “Record” means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history and contains the person’s name, or identifying number, symbol, or any other identifying particular assigned to the individual, such as a fingerprint or voiceprint, or a photograph.

(3) “System of Records” means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual.

i. The vendor shall ensure the security of all procured or developed systems and technologies, including their subcomponents (hereinafter referred to as “Systems”), throughout the life of this CONTRACTS and any extension, warranty, or maintenance periods. This includes, but is not limited to workarounds, patches, hot fixes, upgrades, and any physical components (hereafter referred to as Security Fixes) which may be necessary to fix all security vulnerabilities published or known to the vendor anywhere in the Systems, including Operating Systems and firmware. The vendor shall ensure that Security Fixes shall not negatively impact the Systems.

j. The vendor shall notify VA within 24 hours of the discovery or disclosure of successful exploits of the vulnerability which can compromise the security of the Systems (including the confidentiality or integrity of its data and operations, or the availability of the system). Such issues shall be remediated as quickly as is practical based upon the severity of the incident.

k. When the Security Fixes involve installing third party patches (such as Microsoft OS patches or Adobe Acrobat), the vendor will provide written notice to VA that the patch has been validated as not affecting…