36C10E22Q0078_1.docx

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

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. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

VA

F36B362-22-0000011 36C10E22Q0078 04-15-2022 Edward Bradford 254-878-8971 04-28-2022

5:00 PM

CDT

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

Washington DC 20006 X X 561320 $30 Million N/A X 00101 Department of Veterans Affairs Veterans Benefits Administration 1800 G Street Washington DC 20006 00101 Department of Veterans Affairs Veterans Benefits Administration Acquisition Division 1800 G. Street N.W.

Washington DC 20006

All invoices must be emailed to:

Tungsten / OB10 See invoicing instructions.

See CONTINUATION Page The Contractor shall provide Reader Assistance Services for the Houston Regional Office in accordance with the Statement of Work.

Quoters must submit required documents, parts I through IV as listed in Section E.1 Addendum to 52.212-1 to be considered responsive.

Questions are due by 12pm CST Thursday, April 21, 2022.

Quotes are due by 5pm CST Thursday, April 28, 2022.

Questions and quotes to be emailed to Edward.Bradford@va.gov See CONTINUATION Page X X X Edward Bradford

VA-VBA-2020-209D9525

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: TDB

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

Tungsten / OB10 See invoicing instructions.

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

B.2 Statement of Work (SOW)

Veterans Benefits Administration Houston Regional Office 6900 Almeda Road Houston, Texas 77030

1. BACKGROUND

The Department of Veterans Affairs (VA) Regional Office in Houston, Texas has a diverse pool of employees which contributes to the strength of the Regional Office and enables the VA to assist and provide benefits to those who have served our nation honorably.

Our goal is to have an agreement in place for the appropriate services that will afford an equal opportunity to contribute to the team’s effort by contracting a reader to support a Vocational Rehabilitation Counselor (VRC) with a visual impairment.

2. SCOPE OF WORK

The contractor will be required to provide remote reader services. Remote reader services will not exceed 30 hours per week. Services will be coordinated with the VRC with at least 2 business days advance notification.

The VRC will provide a weekly schedule to the contractor, including the number of estimated hours needed each day services will be required. If the reader anticipates being unavailable for more than one week at a time, an alternate/backup reader, who has met all contract requirements and has taken all mandatory VA training courses and background checks will need to be provided.

The contractor must provide one individual/alternate to perform reader duties to a VRC with a visual impairment. Reader responsibilities will include the following duties:

· Reading electronic and hard copy documents orally, such as PDF documents, handwritten documents, medical records/evidence, etc. Reads all required fields, including fields that are blank to provide the VRC an opportunity to ensure documents and forms are completed as required. Additionally, will read any document that is an electronic document that the screen reader software is unable to identify.

· As required, will read outgoing communication (such as email, email attachments, images, letters, forms, awards, decisions, or instructions to claimants) for; grammatical accuracy, correct attachments accompany emails, dates, addresses or internal routing, as well as ensuring appropriate signatures are completed.

· Reading information on computer monitor when accessibility issues impact the ability to complete requirements in electronic applications and programs such as, but not limited to Compensation and Pension Record Interchange (CAPRI), CWINRS, electronic Virtual Assistant (eVA), Training Management System (TMS), VBMS, Invoice Payment Processing System (IPPS), Case Management application, Information Technology (IT) electronic requests for support, SharePoint, and SHARE screens beyond the screen reader software is required.

3. TIMEKEEPING

The contractor is required to maintain a current Service Hour Log (see ATTACHMENT – SERVICE HOUR LOG). Each day service is rendered, an entry must be added to Part 2 of the log and validated. The date, times and total hours worked will be entered and validated by the contract employee’s and the initials of the VA Employee receiving the services.

4. KEY PERSONNEL

The contractor shall demonstrate the ability to provide qualified and experienced personnel in the completion of this requirement. Key project personnel shall have successfully participated in the completion of similar projects.

Job skills and requirements for Reader

· Must be at least age 18.

· Must be able to work in a professional office environment or at alternate approved work location, to include virtual environment.

· Must possess exceptional reading, computer, grammar, and communication skills.

· Must be customer service oriented.

· Must always maintain a neat and clean appearance.

The contractor shall identify key personnel with a resume detailing experience consistent with this SOW.

NOTE: Key personnel may not be added nor removed from the task without express approval of the Houston Regional Office contract administrator. The contract administrator will provide approval via electronic mail when the contract employee may begin work.

5. TRAINING

a. All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and its systems:

1) Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, relating to access to VA information and information systems;

2) Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training;

3) Successfully complete the appropriate VA privacy training and annually complete required privacy training; and

4) Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system access.

b. The contractor shall provide to the contract administrator a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee within one (1) week of the initiation of the agreement.

c. Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete.

6. PERIOD OF PERFORMANCE

The contract will be a period of 12 months, with four (4) one-year optional periods. The start date will be a mutually agreed upon date, but services will be required soon after contract has been awarded but not until Background Investigation has commenced. If necessary, the Government reserves the right to terminate the contract within the base period or any optional period(s) of performance if the services are no longer needed.

7. HOURS OF OPERATION

The contractor is responsible for reader services, between the hours of 7:30 am – 4:00 pm Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The contractor will be available up to 30 hours per week as mutually agreed upon and scheduled in advance during the Hours of Operation as stated above.

8. Equipment

Government issued computer equipment will not be necessary to support this contract. The computer equipment used by the contractor to access the VA network and provide remote services will be provided by the contractor.

9. PRIMARY PLACE OF PERFORMANCE

Reader services will be provided remotely. The contractor may provide services from the contractor’s private residence or from a suitable facility that will not interrupt services being provided.

10. TRAVEL

Travel is not required.

11. RECOGNIZED/OBSERVED HOLIDAYS

Birthday of Martin Luther King, Jr.

Washington’s Birthday

Memorial Day

Juneteenth National Independence Day

Independence Day

Labor Day

Columbus Day

Veterans Day

Thanksgiving Day

Christmas Day

12. POINTS OF CONTACT

Kelly Shupak, VR&E Officer Phone: 713-383-1982 Email: kelly.shupak@va.gov Seketha Cook, Assistant VR&E Officer Phone: 713-383-2352 Email: seketha.cook@va.gov

Evette Ned, Supervisory VRC Phone: 713-383-1999 ext 4216 Email: evette.ned@va.gov

Nikisha Porter, Supervisory VRC Phone: 713-383-1999 Ext. 4343 Email: nikisha.porter@va.gov

Dawn Jackson, Management Analyst Phone: 713-383-1983 Email: dawn.jackson1@va.gov

Samuel Gonzales, Program Analyst Phone: 713-383-1988 Email: samuel.gonzales@va.gov

Mikea Morin, SSD Chief Phone: 713-383-1935 Email: mikea.morin@va.gov Eva Law, Finance Supervisor-SSD Phone: 713-383-1888 Email: eva.law@va.gov

Herbert King, COR Phone: 713-383-1882 Email: herbert.king@va.gov

13. INVOICING INSTRUCTIONS

General invoicing instructions are included here.

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

GOVERNMENT INVOICE ADDRESS:

TUNGSTEN (OB10) ELECTRONIC INVOICE SUBMISSION

FSC e-INVOICE PROGRAM THROUGH AUSTIN PORTAL

FSC MANDATORY ELECTRONIC INVOICE SUBMISSION FOR AUSTIN PAYMENTS

Please include in all invoices the Contract/Purchase Order Number, or Task/Delivery Order Number.

All invoices need to also be submitted using the same line item format in the contract or order.

Vendor Electronic Invoice Submission Methods:

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

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

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

Vendor e-Invoice Set-up Information:

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

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

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

· VA TUNGSTEN Number: AAA544240062

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

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

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

The contractor will also submit an invoice via email to SSD24.VBAHOU@va.gov.

The invoice is required to include the following information:

1) Name and address of company

2) Invoice date

3) Invoice number

4) Name and address of facility being billed

5) Name of individual performing services

6) Copy of completed Service Hour Log (attached below)

7) Total number of hours being billed

8) Total invoice cost

9) Name of VA official to whom payment is being sent

10) Name, title, phone number, and email address of individual to be contacted regarding question about invoice

14. SECURITY

The contractor shall comply with all VA and tenant agency security requirements in the building(s) where work may be performed. Strict security and personnel access control shall be maintained. Contractor personnel shall avoid restricted and controlled areas.

15. BACKGROUND INVESTIGATIONS

All contract personnel 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. At a minimum, this agreement requires the individuals to undergo a National Agency Check & Inquiries (NACI). The level of background security investigation will be in accordance with VA Directive 0710 dated June 4, 2010 and is available at:

http://www.va.gov/vapubs/viewPublication.asp?Pub_ID=487&FType=2

The level of background investigation and clearance required by contract personnel for this effort is NACI. Work may not commence until the appropriate background investigation has commenced.

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, which authorizes them to work in the U.S., and are able to read, write, speak, and understand the English language.

Contract personnel 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 A form immediately after the agreement has been accepted for all personnel working to the contract administrator.

The contractor performance shall not commence before confirmation is received that the investigative documents are complete, and that the background investigation has begun. Once the contract personnel background investigation has been initiated, performance may commence. The contract administrator will forward the contractor a copy of the Certificate of Eligibility (form 4236) when the investigation has been favorably completed and adjudicated.

The contractor, if notified of an unfavorable adjudication by the Government, shall withdraw personnel from consideration from working under this agreement.

16. STANDARDS OF CONDUCT

The contractor shall be responsible for maintaining satisfactory standards of their personnel’s competency, conduct, appearance, and integrity and shall be responsible for taking such disciplinary action with respect to its personnel as may be necessary.

Weapons, Firearms, and Ammunition. Contractors are prohibited from possessing weapons, firearms, or ammunition, on themselves or with-in their privately owned vehicle while parked at the government facility.

Reporting Requirements. Contract personnel shall immediately report to an appropriate government authority any information or circumstances of which they are aware may pose a threat to the security of the Department of Veterans Affairs personnel, contract personnel, resources, and classified or unclassified VA information.

The contractor must not employ persons for work on this contract if such personnel are considered by the contract administrator to be a potential threat to the health, safety, security, general well-being, or operational mission of the installation and its population.

Contract personnel must present a neat appearance. All personnel must wear appropriate business attire and agency provided security badges (if required).

The contractor must not employ any person who is an employee of the U.S. Government if employing that person would create a conflict of interest. Additionally, the contractor must not employ any person who is an employee of the government facility, unless such person seeks and receives approval according to the Federal Acquisition Regulations (FAR) and VA Acquisitions Regulations (VAAR).

Contract personnel may at no time prevent VA Regional Office employees from completing day-to-day operations. At no time can service to Veterans, Servicemembers, or dependents be halted or impeded.

Work Area. Contract personnel shall, always, keep work areas free from accumulation of equipment, files, and materials. Upon completion of the job or when away from the work site, contract personnel shall leave the work area and premises in a clean, neat, safe and workmanlike condition. Contract personnel are responsible for removal and proper disposal of all job-related material at a permitted site.

Emergency Services. The government will provide fire and police services. There are no emergency medical services available at the Regional Office. Contract personnel shall contact the contract administrator, who in turn will contact the appropriate authorities. Should the appropriate authorities deem the matter an emergency, they will dial 911 for emergency medical, fire, and/or police services.

Emergency/Special Event Services. In the event of any building emergency where evacuation is required, all contract personnel will be required to follow the Federal Building evacuation process as noted in the Occupant Emergency Plan.

REMOVAL FROM CONTRACT WORK - The contractor administrator or a designated representative may require the contractor to remove any of their personnel from GSA controlled buildings or other real property should it be determined that the individual(s) is either unsuitable for security reasons or otherwise unfit to work on federally controlled property. This shall include, but not be limited to, instances where a contract employee is determined, in the Government's sole discretion, to be incompetent, careless, insubordinate, unsuitable or otherwise objectionable.

Contract personnel may also be removed where the continued employment of contractor employee personnel in connection with the Government work is deemed, in the Government's sole discretion, contrary to the public interest, inconsistent with the best interests of security, or a potential threat to the health, safety, security, general well-being or operational mission of the facility and its population.

Where a contractor employee is granted a temporary suitability determination and an unfavorable final suitability determination is later rendered, the Government may insist on the employee’s removal from the work site and from other work in connection the agreement.

The contractor shall be responsible for providing replacement personnel, at no additional cost to the Government, in cases where removal of employees becomes necessary.

VA INFORMATION AND INFORMATION SYSTEM

SECURITY/PRIVACY LANGUAGE

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.

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. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor’s employee. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination.

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 or 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 the VA. This clause expressly limits the contractor and 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 contractor’s or 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’s information is returned to the VA or destroyed in accordance with VA’s sanitization requirements. VA reserves the right to conduct on-site 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 agreement, contractor or subcontractor must not destroy information received from VA, or gathered/created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor or 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, and applicable VA Records Control Schedules. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the contract administrator within 30 days of termination of this agreement.

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 the VA information or information systems after execution of the contract, or if National Institute of Standards and Technology (NIST) issues or updates applicable Federal Information Processing Standards (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 or 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. The contractor or 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.

h. The contractor’s or subcontractor’s firewall and Web services security controls, if applicable, shall meet or exceed VA’s minimum requirements. VA Configuration Guidelines are available upon request.

i. Except for uses and disclosures of VA information authorized by this agreement for performance of the agreement, the contractor or 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’s prior written approval. The contractor or subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the contract administrator for response.

j. Notwithstanding the provision above, the contractor or 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 or subcontractor is in receipt of a court order or other requests for the above-mentioned information, that contractor or subcontractor shall immediately refer such court orders or other requests to the contract administrator for response.

k. For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require Certification and Accreditation (C&A) or a Memorandum of Understanding or Interconnection Support Agreement (MOU-ISA) for system interconnection, the contractor or subcontractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the contract administrator, if applicable.

SECURITY INCIDENT INVESTIGATION

a. The term “security incident” means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor or subcontractor shall immediately notify the contractor administrator of any known or suspected security or privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor or subcontractor has access. The contract administrator will report the information to the Information System Security Officer (ISSO) and Privacy Officer.

b. To the extent known by the contractor or subcontractor, the contractor’s or subcontractor’s notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor or subcontractor considers relevant.

c. In instances of theft or break-in or other criminal activity, the contractor or subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement. The contract administrator can be contacted to provide information necessary to make the report. The contractor, its employees, and its subcontractors and their employees shall 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 or subcontractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident.

LIQUIDATED DAMAGES FOR DATA BREACH

a. Consistent with the requirements of 38 U.S.C. §5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any Sensitive Personal Information (SPI) the contractor or subcontractor processes or maintains under this contract.

b. The contractor or subcontractor shall provide notice to VA of a “security incident” as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination.

c. Each risk analysis shall address all relevant information concerning the data breach, including the following:

1) Nature of the event (loss, theft, unauthorized access);

2) Description of the event, including:

a) Date of occurrence;

b) data elements involved, including any Personally Identifiable Information (PII), such as full name, social security number, date of birth, home address, account number, disability code;

3) Number of individuals affected or potentially affected;

4) Names of individuals or groups affected or potentially affected;

5) Ease of logical data access to the lost, stolen or improperly accessed data in light of the degree of protection for the data, e.g., unencrypted, plain text;

6) Amount of time the data has been out of VA control;

7) The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons);

8) Known misuses of data containing sensitive personal information, if any;

9) Assessment of the potential harm to the affected individuals;

10) Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; and

11) Whether credit protection services may assist record subjects in avoiding or mitigating the results of identity theft based on the sensitive personal information that may have been compromised.

d. Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the VA liquidated damages in the amount of $37.50 per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following:

1) Notification;

2) One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports;

3) Data breach analysis;

4) Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution;

5) One year of identity theft insurance with $20,000.00 coverage at $0 deductible; and

6) Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs.

SECURITY CONTROLS COMPLIANCE TESTING

On a periodic basis, VA, including the Office of Inspector General, reserves the right to evaluate any or all of the security controls and privacy practices implemented by the contractor under the clauses contained within the contract. With 10 working-days’ notice, at the request of the government, the contractor must 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) as determined by VA in the event of a security incident or at any other time.

ATTACHMENT – SERVICE HOUR LOG

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Reader Assistance Services IAW the SOW.

This is a bulk-funded order for reader assistance services, not to exceed $ TBD. The amount obligated is based on an estimated annual quantity of hours needed. The contractor shall only invoice for the actual number of hours of reader assistance services provided. The final annual total will be reflected via a bilateral modification based on actual usage.

Contract Period: Base POP Begin: 06-01-2022 POP End: 05-31-2023 PRINCIPAL NAICS CODE: 561320 - Temporary Help Services PRODUCT/SERVICE CODE: R699 - Support - Administrative: Other

Reader Assistance Services IAW the SOW.

This is a bulk-funded order for reader assistance services, not to exceed $ TBD. The amount obligated is based on an estimated annual quantity of hours needed. The contractor shall only invoice for the actual number of hours of reader assistance services provided. The final annual total will be reflected via a bilateral modification based on actual usage.

Contract Period: Option 1 POP Begin: 06-01-2023 POP End: 05-31-2024

Reader Assistance Services IAW the SOW.

This is a bulk-funded order for reader assistance services, not to exceed $ TBD. The amount obligated is based on an estimated annual quantity of hours needed. The contractor shall only invoice for the actual number of hours of reader assistance services provided. The final annual total will be reflected via a bilateral modification based on actual usage.

Contract Period: Option 2 POP Begin: 06-01-2024 POP End: 05-31-2025

Reader Assistance Services IAW the SOW.

This is a bulk-funded order for reader assistance services, not to exceed $ TBD. The amount obligated is based on an estimated annual quantity of hours needed. The contractor shall only invoice for the actual number of hours of reader assistance services provided. The final annual total will be reflected via a bilateral modification based on actual usage.

Contract Period: Option 3 POP Begin: 06-01-2025 POP End: 05-31-2026

Reader Assistance Services IAW the SOW.

This is a bulk-funded order for reader assistance services, not to exceed $ TBD. The amount obligated is based on an estimated annual quantity of hours needed. The contractor shall only invoice for the actual number of hours of reader assistance services provided. The final annual total will be reflected via a bilateral modification based on actual usage.

Contract Period: Option 4 POP Begin: 06-01-2026 POP End: 05-31-2027

36C10E22Q0078

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(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 Federal Acquisition Regulation (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) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience.