36C10X22R0027 0003.docx

5. PROJECT NUMBER (if applicable)

CODE

7. ADMINISTERED BY

2. AMENDMENT/MODIFICATION NUMBER

CODE

6. ISSUED BY

8. NAME AND ADDRESS OF CONTRACTOR

4. REQUISITION/PURCHASE REQ. NUMBER

3. EFFECTIVE DATE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED

PAGE OF PAGES

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED

BPA NO.

1. CONTRACT ID CODE

FACILITY CODE

CODE

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

E. IMPORTANT:

is extended,

(a) By completing Items 8 and 15, and returning __________ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY is not extended.

12. ACCOUNTING AND APPROPRIATION DATA

(REV. 11/2016)

is required to sign this document and return ___________ copies to the issuing office.

is not, A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

15C. DATE SIGNED

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER

Contractor

16C. DATE SIGNED

14. DESCRIPTION OF AMENDMENT/MODIFICATION

16B. UNITED STATES OF AMERICA

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER

16A. NAME AND TITLE OF CONTRACTING OFFICER

15B. CONTRACTOR/OFFEROR

STANDARD FORM 30

PREVIOUS EDITION NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.243 (Type or print) (Type or print) (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

(Number, street, county, State and ZIP Code) (If other than Item 6) (Specify type of modification and authority) (such as changes in paying office, appropriation date, etc.)

(If required)

(SEE ITEM 11)

(SEE ITEM 13)

(X)

CHECK

ONE

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

(Signature of person authorized to sign) (Signature of Contracting Officer)

06/13/2022

36C10X Strategic Acquisition Center - Frederick Department of Veterans Affairs

5202 Presidents Court, Suite 103 Frederick MD 21703

36C10X Strategic Acquisition Center - Frederick Department of Veterans Affairs

5202 Presidents Court, Suite 103 Frederick MD 21703 To all Offerors/Bidders

36C10X22R0027 05-16-2022

X

The purpose of this amendment is to respond to vendor questions and revise documents.

Questions and Answers

Section

In Amendment Number 0001 issued on 6 June 2022, an additional sentence was added to Solicitation Section A(7)(b) (page 208)

Can the government confirm the scope of training delivery and stakeholders that the immersive experience training will be delivered to?

In section 2. scope of work, it states: "the contractor shall design, develop, test and validate a virtual, immersive environment that enables training related to the prevention of sexual harassment for VA employees". However, the required outcomes under that section state in #6 a tool for VA employee empathy training related to prevention of sexual harassment, and #8 Provide a more distributive and virtual experience, by which patient may utilize the technology, in concert with clinical staff as appropriate, without having to be physically present at a VA facility. Section 7.1 states "The prototype shall allow pilot testing with VA clinicians and care teams at the point of care".

Can you please confirm the scope of who the training should be delivered to and by whom? If the government requires multiple stakeholders to be delivered the training, will it be required to create different training to meet the needs of each stakeholder group?

Yes. The two end-user groups are: VA Staff and Veterans. PWS updated to reflect.

6 now states: Leverage Immersive Technology to advance the utilization of augmented, mixed, or virtual reality as a tool for VA employee and patient empathy training related to prevention of sexual harassment

Also, to clarify, removed “clinician” and inserted employee.

See attached document: Attachment A Pricing Revised

See attached document: TOPR 2 REVISED.

TOPR 2 REVISED 06132022.docx Innovation in Immersive Technology: Simulation for the Prevention of Sexual Harassment Training

B.3 PERFORMANCE WORK STATEMENT

Title: Innovation in Immersive Technology: Immersive Simulation Training to Prevent Sexual Harassment

1. BACKGROUND

Office of Healthcare Innovation and Learning (OHIL) is the catalyst for enabling the discovery and spread of mission-driven health care innovation to advance care delivery and service that exceeds expectations, restores hope, and builds trust within the Veteran community. As part of the VHA Office of Discovery, Education and Affiliate Networks (DEAN), OHIL leverages the collective power of innovation champions from across VA, academia, non-profit and industry to operationalize innovation in the nation’s largest integrated health care system

The Department of Veterans Affairs recognizes the value of the empathy training and the many benefits to VA staff and Veteran caregivers. In service to VA staff, Veteran caregivers, and Veterans, the Prevention of Sexual Harassment training could provide individualized and personalized opportunities for empathy building, especially in sensitive circumstances.

Extended reality (XR) applications are among the most exciting technologies being explored in healthcare today. By driving adoption of XR technology in federal healthcare, providers will be at the forefront of this revolutionary industry and will be able to offer the latest technological advancements to our nation’s Veterans.

2. SCOPE OF WORK

The contractor shall design, develop, test and validate a virtual, immersive environment that enables training related to the prevention of sexual harassment for VA employees. Work will include the development of a working prototype – including functionality across multiple head-mounted displays– to validate the virtual and immersive experience, done so in collaboration with VA clinical experts who will determine utility and feasibility of this solution in a pilot study.

The required outcomes for the proposed Immersive Technology solution are:

1. Untethered head-mounted display

1. Head-mounted display agnostic platform, specifically adaptable to any VA-network approved head-mounted displays

1. Customizable experiences considerate of factors related to social determinants of health, geographic region, and appropriate sexual harassment-related considerations

1. Hardware and software compatibility capable of screen-casting, both eye-gaze and hand controller manipulation, embedded data collection (such as, but not limited to, patient perceptions of the immersive experience, pre- and post-assessments, etc.)

1. Functionality for individual and/or group education and training sessions

1. Leverage Immersive Technology to advance the utilization of augmented, mixed, or virtual reality as a tool for VA employee and patient empathy training related to prevention of sexual harassment

1. Account for a market analysis for a minimum viable product (MVP) which draws on the utilization of advance networks to render images in high fidelity (e.g., 5G, Wi-Fi 6)

1. Provide a more distributive and virtual experience, by which a VA employee and/or patient, in concert with clinical staff as appropriate, may utilize the technology, without having to be physically present at a VA facility.

3. CONTRACT TYPE

This task order is hybrid to include Labor Hour, Time and Material and Firm Fixed Price CLINs.

4. PERIOD OF PERFORMANCE

The period of performance is for a 12-month base plus 3, 12-month option periods.

Base Period: September 30, 2022, to September 29, 2023

Option Period 1: September 30, 2023, to September 29, 2024

Option Period 2: September 30, 2024, to September 29, 2025

Option Period 3: September 30, 2025, to September 29, 2026

Any work at the Government site shall not take place on Federal holidays or weekends unless directed by the Contracting Officer (CO).

The following are legal public holidays:

New Year’s Day, January 1.

Birthday of Martin Luther King, Jr., the third Monday in January.

Washington’s Birthday, the third Monday in February.

Memorial Day, the last Monday in May.

Juneteenth National Independence Day, June 19.

Independence Day, July 4.

Labor Day, the first Monday in September.

Columbus Day, the second Monday in October.

Veterans Day, November 11.

Thanksgiving Day, the fourth Thursday in November.

Christmas Day, December 25.

The Contractor shall provide services during the hours of operation (paragraph 4.2 below), except for the following federal holidays set by law (USC Title 5 Section 6103). This list of holidays relates to Government duty days and is not intended to supplement or otherwise alter the provisions of any Wage Determination regarding applicable paid holidays.

If any of the above falls on a Saturday, then Friday shall be observed as a holiday. Similarly, if one falls on a Sunday, then Monday shall be observed as a holiday.

5. PLACE OF PERFORMANCE

The tasks under this PWS shall be performed remotely OR at a VA facility to be determined (TBD) by VA based upon requirements of designated content. Potential sites include:

Atlanta VA Healthcare System

1670 Clairmont Rd, Decatur, GA 30033

Central Virginia VA Healthcare System

1201 Broad Rock Blvd, Richmond, VA 23224

VA Orlando Health Care System 13800 Veterans Way, Orlando, FL 32827

VA Palo Alto Healthcare System

3801 Miranda Ave, Palo Alto, CA 94304

VA Puget Sound Healthcare System

1660 S Columbian Way, Seattle, WA 98108

VA Sierra Nevada Healthcare System

975 Kirman Ave, Reno, NV 89502

Western North Carolina VA Healthcare System

1100 Tunnel Road, Asheville, NC 28805

National Simulation Center 13800 Veterans Way, Orlando, FL 32827

6. TRAVEL

The Government anticipates travel under this effort. Travel must be pre-approved in writing by the Contracting Officer’s Representative (COR) and in accordance with Federal Travel Regulations. Each Contractor invoice must include copies of all receipts that support the travel costs claimed in the invoice. Local travel within a 50-mile radius from the contractor’s facility is considered the cost of doing business and will not be reimbursed. This includes travel, subsistence, and associated labor charges for travel time. Travel performed for personal convenience and daily travel to and from work at the Contractor’s facility will not be reimbursed. Travel, subsistence, and associated labor charges for travel time for travel beyond a 50-mile radius of the Contractor’s facility are authorized for reimbursement on a case-by-case basis and must be pre-approved by the COR and must be planned and executed according to Federal Travel Regulations. General and Administrative expenses will not be reimbursed.

The FTR can be referenced at:

http://www.gsa.gov/portal/ext/public/site/FTR/file/FTRTOC.html/category/21865/hostUri/portal

7. IMMERSIVE TECHNOLOGY FOR PREVENTION OF SEXUAL HARASSMENT TRAINING

7.1 Development (T&M and FFP)

The Contractor shall develop, configure and install the Prevention of Sexual Harassment Training Environment prototype to be used for testing and validation. The prototype shall allow pilot testing with VA Veterans clinicians and care teams at the point of care and VA staff at a minimum of two (2) and maximum of eight (8) VA facilities with at least ten (10) end-users per facility. The Contractor shall provide an End-User Feedback Report that summarizes the clinician employee and patient experience findings and benefits and brief VA stakeholders and leadership. Experimental development (or prototyping) or enhancement of solutions pursuant to this task does not encompass production for clinical use or subsequent deployment in production which may require dedicated IT or software development.

The Contractor shall provide the COR with Monthly Progress Reports in electronic form in Microsoft Word format. The report shall include detailed instructions/explanations for each required data element, to ensure that data is accurate and consistent. These reports shall reflect data as of the last day of the preceding Month.

The Monthly Progress Reports shall cover all work completed during the reporting period and work planned for the subsequent reporting period. The report shall also identify any problems that arose and a description of how the problems were resolved. If problems have not been completely resolved, the Contractor shall provide an explanation including their plan and timeframe for resolving the issue. The report shall also include an itemized list of all Electronic and Information Technology (EIT) deliverables and their current Section 508 conformance status. The Contractor shall keep in communication with VA accordingly so that issues that arise preventing progression of the deliverables are transparent to both parties to prevent escalation of outstanding issues.

The estimated number of hours required for this task is as follows:

Labor Category

Number of Hours

Senior Software Engineer

Junior Software Engineer

Immersive Artist

Deliverable:

A. Immersive Simulation Training to Prevent Sexual Harassment Monthly Progress Report to include hours worked (T&M)

B. Immersive Simulation Training to Prevent Sexual Harassment Design File (FFP)

C. End-User Feedback Report (FFP)

7.2 Demonstration of Prototype Tool for Prevention of Sexual Harassment (FFP)

The Contractor shall hold a Prototype Demonstration Meeting. The Government will have 15 business days to review and comment on the product prototype. For the Prototype Demonstration Meeting the Contractor shall specify dates and times, Prototype Demonstration Meeting Agenda (shall be provided to all attendees at least five business days prior to the meeting), Prototype Demonstration Meeting Minutes (shall be provided to all attendees within three business days after the meeting), and provide any Prototype Demonstration Meeting Materials. The meetings shall take place via teleconference. The Contractor shall invite the CO, CS, COR, VA SMEs, and the VA PM.

Deliverables:

A. Prototype Evaluation Meeting Agenda

B. Prototype Evaluation Meeting Minutes

C. Prototype Evaluation Meeting Materials (e.g. PowerPoint presentations and any other handouts)

7.3 Pilot Evaluation (FFP)

The Contractor shall develop a Pilot Evaluation Plan and execute the Evaluation for the testing of the solution and further development of Prevention of Sexual Harassment tools. To successfully complete the Evaluation of the testing of the solution, the Contractor must: test the solution at a minimum of two (2) and maximum of eight (8) VA facilities with at least ten (10) end-users per facility; and gather feedback from each end-user based on content, stylization, receptivity, feasibility, and potential scalability. Upon completion of the Evaluation, the Evaluation Report shall include a full report of findings from testing the solution and a list of recommendations for what further development would be necessary to make the solution acceptable, feasible, and scalable, based on the assessment.

Deliverables:

A. Pilot Evaluation Plan to include Prototype Experience for Prevention of Sexual Harassment Training, Pilot testing checklist and End-User Feedback Report

B. Pilot Benefits and Impact Report

7.4 MONTHLY PROGRESS REPORT (FFP)

Deliverable:

A. Monthly Progress Report

7.4 TECHNICAL KICKOFF MEETING (FFP)

The Contractor shall hold a technical kickoff meeting within 10 business days after contract award. The Contractor shall present, for review and approval by the Government, the details of the intended approach, work plan, and project schedule for each effort. The Contractor shall specify dates and times, Technical Kickoff Meeting Agenda (which shall be provided to all attendees at least five business days prior to the meeting), and Technical Kickoff Meeting Minutes (which shall be provided to all attendees within three business days after the meeting). The Contractor shall also provide Technical Kickoff Meeting Materials (PowerPoint presentations and any other handouts) at least five business days prior to the meeting. The meeting shall take place via teleconference. The Contractor shall invite the CO, Contract Specialist (CS), COR, VA Subject Matter Experts (SMEs) and the VA Program Manager.

Deliverable:

1. Technical Kickoff Meeting Agenda

2. Technical Kickoff Meeting Minutes

3. Technical Kickoff Meeting Materials

8. DELIVERY SCHEDULE

Deliverable

Quantity

Delivery Date

A. Immersive Simulation Training to Prevent Sexual Harassment Monthly Progress Report

30 Days after contract award and monthly thereafter

B. Immersive Simulation Training to Prevent Sexual Harassment Design File

90 Days after contract award

C. End User Feedback Report

1 per facility (min. of 2, max. of 8)

Within 5 business days of each end-user test.

A. Prototype Evaluation Meeting Agenda

At least 5 business days prior to the Meeting

B. Prototype Evaluating Meeting Minutes

Within 3 business days of the Meeting

C. Prototype Evaluation Meeting Materials (e.g. PowerPoint presentations and any other handouts)

Within 3 business days of the Meeting

A. Pilot Evaluation Plan to include Prototype Experience for Prevention of Sexual Harassment Training, Pilot testing checklist and End-User Feedback Report

1 per test facility (min. of 2, max of 8).

180 Days after contract award

B. Pilot Benefits and Impact Report

180 Days after contract award and updated twice monthly thereafter

A. Technical Kickoff Meeting Agenda

Within 5 business days of task order award.

B. Technical Kickoff Meeting Minutes

Within 3 business days of meeting.

C. Technical Kickoff Meeting Materials

Within 5 business days of task order award.

9. KEY PERSONNEL

Skilled experienced professional and/or technical personnel are essential for successful contractor accomplishment of the work to be performed under this effort. These are defined as individuals crucial to the successful performance of the orders issued and the programs being supported by those orders and are those persons identified as key personnel in accordance with solicitation requirements. The Contractor agrees that the key personnel shall not be removed, diverted, or replaced from work without prior notification of the CO. Contractor staff shall be fully qualified and have the level of experience necessary to accomplish the requirements of this PWS, as well as those requirements outlined in Section 7.0. All work performed on this task order must be performed by persons who possess the labor qualifications--identified in the base IDIQ--that correspond to these LCATS.

· Senior Program Manager

· Subject Matter Expert - Clinical (Nursing Executive)

· Subject Matter Expert – Clinical (Physician)

· Immersive Artist

· Senior Software Engineer

· Junior Software Engineer

Substitution of Personnel: Any personnel the contractor offers as substitutes shall have the ability and qualifications, including educations and experience, equal to or better than the key personnel whose biography was submitted with the successful proposal. Requests to substitute personnel shall be provided to the CO for review and approval. All notification of substitutions in key personnel shall be submitted to the CO at least 15 business days prior to making and change in key personnel, to the maximum extent practicable. The notification shall be in writing and shall provide a detailed explanation of the circumstances necessitating the proposed substitution. The contractor shall submit a complete biography/resume for the proposed substitute, and any other information requested by the CO. The CO will evaluate such requests and promptly notify the contractor of approval or disapproval thereof in writing.

10. OTHER DIRECT COSTS

Other Direct Costs (ODCs) are anticipated under this task order and listed below.

Description

Stand Alone VR Setup with Controllers, necessary for the end-user to experience the Immersive Simulation

Storage Cases for the VR Setup, Laptop/tablet, and all other related peripheral devices

Companion Laptop/Tablet to enable screen-casting of the Immersive Simulation to a viewing audience

Setup/Shipping

Indexed Scalable Content Library (Database, Storage Authentication)

Wireless Hotspot Peripheral Device

Unlimited Data Plans

All ODCs must be pre-approved by the COR and reimbursed at cost via invoice to the contractor. No General and Administrative expenses are authorized.

11. GOVERNMENT- FURNISHED EQUIPMENT/ MATERIALS/ FACILITIES/ INFORMATION

The Government will provide adequate physical workspace for up to three contractor personnel and will furnish the following: desk, encrypted laptop, phone, electronic mail (e-mail) account, and use of the Government telephone, facsimile machine, and copier, as required by this task order. The use of contractor equipment in Government facilities must be approved by Program Office.

The contractor shall adhere to all VA security requirements for any VA issued equipment and all contractor personnel that will receive and utilize VA issued laptops shall sign a VA property loan form and all associated documentation prior to receiving the equipment. All VA policies related to networked computer use will apply. Personal identification verification (PIV) cards shall be required for all contractor personnel with VA network access/accounts. Contractor personnel shall complete VA’s Privacy and Information Security Awareness and Rules of Behavior training before networked computer access will be granted.

Prior to the use of any Government-furnished equipment, the Contractor shall complete all mandatory training courses on the VA training site, currently the VA Talent Management System (TMS), and will be tracked therein. The TMS may be accessed at https://www.tms.va.gov. If an individual does not have a TMS profile, go to https://www.tms.va.gov and click on the “Create New User” link on the TMS to gain access.

The VA laptop computers must comply with all rules/requirements regarding patches and updates and must be returned to VA at the conclusion of the task order.

12. QUALITY ASSURANCE SURVEILLANCE PLAN

Performance Standards define required performance for specific tasks. The Government performs surveillance to determine if the contractor exceeds, meets or does not meet these standards. The Government may utilize the Performance Based Service Assessment Survey, provided as Attachment E, or other methods to compare contractor performance to the Acceptable Levels of Performance (ALPs).

12.1 METHODS OF SURVEILLANCE

Various methods exist to monitor performance. The COR shall use any or several of the surveillance methods listed below in monitoring performance under this task order.

1. 100% Inspection (evaluates all outcomes) - Each month, the COR shall review all of the contractor’s performance/generated documentation and document results accordingly. This assessment shall be placed in the COR’s QA file.

2. Random Sample - The COR shall review a random sampling of the contractor’s performance/generated documentation and document your results accordingly. This assessment shall be placed in the COR’s QA file.

3. Validated Customer Complaint or Validated Below Average ALP in a Specific Area - Each month, the COR shall review the contractor’s performance/generated documentation corresponding to a validated customer complaint or validated inability to perform in accordance with the ALP in a specific area and document your results accordingly. This assessment shall be placed in the COR’s QA file.

12.2 FREQUENCY OF MEASUREMENT

During task order performance, the COR will periodically analyze whether the frequency of surveillance is appropriate for the work being performed, and at a minimum shall be twice a year.

12.3 ACCEPTABLE PERFORMANCE LEVELS (APLS)

Requirement

Measurement

Standard

Method of Inspection

A. Immersive Simulation Training to Prevent Sexual Harassment Monthly Progress Report

Monthly Training Status Report

90% On Time Delivery

Inspection by COR

B. Immersive Simulation Training to Prevent Sexual Harassment Design File

Design File delivered with work conforming to requirements and customer inputs

95% On time Delivery

Inspection by PM/SME/COR

A. Prototype Experience for Prevention of Sexual Harassment Empathy Training

Training sessions adapted and delivered to the VA providers and team

95% On time Delivery

Inspection by PM/SME/COR

B. Pilot testing checklist

Coordinated development of a pilot checklist for documenting any issues and ongoing corrective actions

95% On time Delivery

Inspection by PM/SME/COR

C. End-User Feedback Report

Guides the pilot and summarizes the clinician employee and patient experience findings and benefits

90% On time Delivery

Inspection by COR

A. Prototype Evaluation Meeting Agenda

Agenda detailing the sequence of the demonstration of the package and salient features of the product

95% On time Delivery

Inspection by COR

B. Prototype Evaluation Meeting Minutes

Minutes reflecting the output and discussion, problems, and resolutions of the Evaluation Meeting

90% On time Delivery

Inspection by COR

C. Prototype Evaluation Meeting Materials (e.g. PowerPoint presentations and any other handouts)

Materials and working aids designed to assist in the understanding of the demonstration.

95% On time Delivery

Inspection by COR

A. Pilot Evaluation Plan

Outlines how the pilot site participants and contractor will evaluate the pilot, report issues and test issue solutions.

95% On time Delivery

Inspection by PM/SME/COR

B. Pilot Benefits and Impact Plan

Plan outlining how the benefits to the VA and Veterans will be measured

95% On time Delivery

Inspection by PM/SME/COR

Monthly Progress Report

Monthly status reports are submitted by the

5th day of each month. Reports provide any issues and concerns that need to be resolved.

90% On time Delivery

Inspection by COR

D. Technical Kickoff Meeting Agenda

Agenda detailing the Kickoff Meeting participants, understanding of the task order, communications, issues and expectations.

95% On time Delivery

Inspection by COR

E. Technical Kickoff Meeting Minutes

Minutes reflecting the output and discussion, problems, and resolutions of the Kickoff Meeting

90% On time Delivery

Inspection by COR

F. Technical Kickoff Meeting Materials

Materials and working aids designed to convey the understanding of the task order

95% On time Delivery

Inspection by COR

12.4 DOCUMENTING PERFORMANCE

Acceptable Performance

The Government shall document acceptable performance in accordance with the chart above. Any report may become a part of the supporting documentation for any contractual action.

Unacceptable Performance

When unacceptable performance occurs, the COR shall inform the CO. This will always be in writing although when circumstances necessitate immediate verbal communication, that communication will be followed in writing. The COR shall document the discussion and place it in the COR file.

When the CO determines formal written communication is required, the COR shall prepare a Contract Discrepancy Report (CDR), and present it to the contractor's program manager.

The contractor shall acknowledge receipt of the CDR in writing to the CO. The CDR will state how long after receipt the contractor has to take corrective action. The CDR will also specify if the contractor is required to prepare a corrective action plan to document how the contractor shall correct the unacceptable performance and avoid a recurrence. The CO shall review the contractor's corrective action plan to determine acceptability.

Any CDRs may become a part of the supporting documentation for any contractual action deemed necessary by the CO.

13. SECURITY AND PRIVACY REQUIREMENTS

13.1 POSITION/TASK RISK DESIGNATION LEVEL(S)

Position Sensitivity

Background Investigation (in accordance with Department of Veterans Affairs 0710 Handbook, “Personnel Suitability and Security Program,” Appendix A)

Low / Tier 1

Tier 1 / National Agency Check with Written Inquiries (NACI) A Tier 1/NACI is conducted by OPM and covers a 5-year period. It consists of a review of records contained in the OPM Security Investigations Index (SII) and the DOD Defense Central Investigations Index (DCII), Federal Bureau of Investigation (FBI) name check, FBI fingerprint check, and written inquiries to previous employers and references listed on the application for employment. In VA it is used for Non-sensitive or Low Risk positions.

Moderate / Tier 2

Tier 2 / Moderate Background Investigation (MBI) A Tier 2/MBI is conducted by OPM and covers a 5-year period. It consists of a review of National Agency Check (NAC) records [OPM Security Investigations Index (SII), DOD Defense Central Investigations Index (DCII), FBI name check, and a FBI fingerprint check], a credit report covering a period of 5 years, written inquiries to previous employers and references listed on the application for employment; an interview with the subject, law enforcement check; and a verification of the educational degree.

High / Tier 4

Tier 4 / Background Investigation (BI) A Tier 4/BI is conducted by OPM and covers a 10-year period. It consists of a review of National Agency Check (NAC) records [OPM Security Investigations Index (SII), DOD Defense Central Investigations Index (DCII), FBI name check, and a FBI fingerprint check report], a credit report covering a period of 10 years, written inquiries to previous employers and references listed on the application for employment; an interview with the subject, spouse, neighbors, supervisor, co-workers; court records, law enforcement check, and a verification of the educational degree.

The position sensitivity and the level of background investigation commensurate with the required level of access for the following tasks within the Performance Work Statement are:

Position Sensitivity and Background Investigation Requirements by Task

Task Number

Tier1 / Low / NACI

Tier 2 / Moderate / MBI

Tier 4 / High / BI

INSERT TASK #

|X|

The Tasks identified above and the resulting Position Sensitivity and Background Investigation requirements identify, in effect, the Background Investigation requirements for Contractor individuals, based upon the tasks the particular Contractor individual will be working. The submitted Contractor Staff Roster must indicate the required Background Investigation Level for each Contractor individual based upon the tasks the Contractor individual will be working, in accordance with their submitted proposal.

13.2 CONTRACTOR PERSONNEL SECURITY REQUIREMENTS

13.2.1 Contractor Responsibilities:

A. The Contractor shall prescreen all personnel requiring access to the computer systems to ensure they maintain the appropriate Background Investigation, and are able to read, write, speak and understand the English language.

B. The Contractor shall bear the expense of obtaining background investigations. Within 3 business days after award, the Contractor shall provide a roster of Contractor and Subcontractor employees to the COR to begin their background investigations in accordance with the ProPath template. The Contractor Staff Roster shall contain the Contractor’s Full Name, Date of Birth, Place of Birth, individual background investigation level requirement (based upon Section 7.0 Tasks), etc. The Contractor shall submit full Social Security Numbers either within the Contractor Staff Roster or under separate cover to the COR. The Contractor Staff Roster shall be updated and provided to VA within 1 day of any changes in employee status, training certification completion status, Background Investigation level status, additions/removal of employees, etc. throughout the Period of Performance. The Contractor Staff Roster shall remain a historical document indicating all past information and the Contractor shall indicate in the Comment field, employees no longer supporting this contract. The preferred method to send the Contractor Staff Roster or Social Security Number is by encrypted e-mail. If unable to send encrypted e-mail, other methods which comply with FIPS 140-2 are to encrypt the file, use a secure fax, or use a traceable mail service.

C. The Contractor should coordinate the location of the nearest VA fingerprinting office through the COR. Only electronic fingerprints are authorized.

D. The Contractor shall ensure the following required forms are submitted to the COR within 5 days after contract award:

1. For a Tier 1/Low Risk designation:

0. OF-306

0. DVA Memorandum – Electronic Fingerprints

1. For Tier 2/Moderate or Tier 4/High Risk designation:

1. OF-306

1. VA Form 0710

1. DVA Memorandum – Electronic Fingerprints

The Contractor personnel shall submit all required information related to their background investigations (completion of the investigation documents (SF85, SF85P, or SF 86) utilizing the Office of Personnel Management’s (OPM) Electronic Questionnaire for Investigations Processing (e-QIP) after receiving an email notification from the Security and Investigation Center (SIC).

The Contractor employee shall certify and release the e-QIP document, print and sign the signature pages, and send them encrypted to the COR for electronic submission to the SIC. These documents shall be submitted to the COR within 3 business days of receipt of the e-QIP notification email. (Note: OPM is moving towards a “click to sign” process. If click to sign is used, the Contractor employee should notify the COR within 3 business days that documents were signed via eQIP).

E. The Contractor shall be responsible for the actions of all personnel provided to work for VA under this contract. In the event that damages arise from work performed by Contractor provided personnel, under the auspices of this contract, the Contractor shall be responsible for all resources necessary to remedy the incident.

F. A Contractor may be granted unescorted access to VA facilities and/or access to VA Information Technology resources (network and/or protected data) with a favorably adjudicated Special Agreement Check (SAC) or “Closed, No Issues” (SAC) finger print results, training delineated in VA Handbook 6500.6 (Appendix C, Section 9), and, the signed “Contractor Rules of Behavior.” However, the Contractor will be responsible for the actions of the Contractor personnel they provide to perform work for VA. The investigative history for Contractor personnel working under this contract must be maintained in the database of the Office of Personnel Management (OPM).

G. The Contractor, when notified of an unfavorably adjudicated background investigation on a Contractor employee as determined by the Government, shall withdraw the employee from consideration in working under the contract.

Failure to comply with the Contractor personnel security investigative requirements may result in loss of physical and/or logical access to VA facilities and systems by Contractor and Subcontractor employees and/or termination of the contract for default.

Identity Credential Holders must follow all HSPD-12 policies and procedures as well as use and protect their assigned identity credentials in accordance with VA policies and procedures, displaying their badges at all times, and returning the identity credentials upon termination of their relationship with VA.

Contractor employees shall complete a VA Systems Access Agreement if they are provided access privileges as an authorized user of the computer system of VA.

13.2.3 Physical Security and Safety Requirements

The Contractor and their personnel shall follow all VA policies, standard operating procedures, applicable laws and regulations while on VA property. Violations of VA regulations and policies may result in citation and disciplinary measures for persons violating the law.

a. The Contractor and their personnel shall wear visible identification at all times while they are on the premises.

b. VA does not provide parking spaces at the work site; the Contractor must obtain parking at the work site if needed. It is the responsibility of the Contractor to park in the appropriate designated parking areas. VA will not invalidate or make reimbursement for parking violations of the Contractor under any conditions.

c. Smoking is prohibited inside/outside any building other than the designated smoking areas.

d. Possession of weapons is prohibited.

e. The Contractor shall obtain all necessary licenses and/or permits required to perform the work, with the exception of software licenses that need to be procured from a Contractor or vendor in accordance with the requirements document. The Contractor shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract.

13.2.4 Confidentiality and Non-Disclosure

0. The Contractor shall follow all VA rules and regulations regarding information security to prevent disclosure of sensitive information to unauthorized individuals or organizations.

0. The VA CO will be the sole authorized official to release in writing, any data, draft deliverables, final deliverables, or any other written or printed materials pertaining to this contract. The Contractor shall release no information. Any request for information relating to this contract presented to the Contractor shall be submitted to the VA CO for response.

0. Contractor personnel recognize that in the performance of this effort, Contractor personnel may receive or have access to sensitive information, including information provided on a proprietary basis by carriers, equipment manufacturers and other private or public entities. Contractor personnel agree to safeguard such information and use the information exclusively in the performance of this contract. Contractor shall follow all VA rules and regulations regarding information security to prevent disclosure of sensitive information to unauthorized individuals or organizations as enumerated in this section and elsewhere in this Contract and its subparts and appendices.

0. Contractor shall limit access to the minimum number of personnel necessary for contract performance for all information considered sensitive or proprietary in nature. If the Contractor is uncertain of the sensitivity of any information obtained during the performance this contract, the Contractor has a responsibility to ask the VA CO.

0. Contractor shall train all of their employees involved in the performance of this contract on their roles and responsibilities for proper handling and nondisclosure of sensitive VA or proprietary information. Contractor personnel shall not engage in any other action, venture or employment wherein sensitive information shall be used for the profit of any party other than those furnishing the information. The sensitive information transferred, generated, transmitted, or stored herein is for VA benefit and ownership alone.

0. Contractor shall maintain physical security at all facilities housing the activities performed under this contract, including any Contractor facilities according to VA-approved guidelines and directives. The Contractor shall ensure that security procedures are defined and enforced to ensure all personnel who are provided access to patient data must comply with published procedures to protect the privacy and confidentiality of such information as required by VA.

0. Contractor must adhere to the following:

1) The use of “thumb drives” or any other medium for transport of information is expressly prohibited.

2) Controlled access to system and security software and documentation.

3) Recording, monitoring, and control of passwords and privileges.

4) All terminated personnel are denied physical and electronic access to all data, program listings, data processing equipment and systems.

5) VA, as well as any Contractor (or Subcontractor) systems used to support development, provide the capability to cancel immediately all access privileges and authorizations upon employee termination.

6) Contractor PM and VA PM are informed within twenty-four (24) hours of any employee termination.

7) Acquisition sensitive information shall be marked "Acquisition Sensitive" and shall be handled as "For Official Use Only (FOUO)".

8) Contractor does not require access to classified data.

0. Regulatory standard of conduct governs all personnel directly and indirectly involved in procurements. All personnel engaged in procurement and related activities shall conduct business in a manner above reproach and, except as authorized by statute or regulation, with complete impartiality and with preferential treatment for none. The general rule is to strictly avoid any conflict of interest or even the appearance of a conflict of interest in VA/Contractor relationships.

0. VA Form 0752, Confidentiality of Sensitive Information Non-Disclosure Agreement, shall be completed by all Contractor employees that receive Government furnished laptops, and shall be provided to the CO before any work is performed. In the case that Contractor personnel are replaced in the future, their replacements shall complete VA Form 0752 prior to beginning work.

13.3 APPLICABLE VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE (per VA HANDBOOK 6500.6, APPENDIX C, MARCH 12, 2010)

13.3.1 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.

13.3.2 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.

13.3.3 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 contract, Contractor/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 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 contract.

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.