36C24219Q0218.docx

36C24219Q0218

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

528-19-3-4716-0003 36C24219Q0218 01- 4-2019 Harsch, Michelle Michelle.Harsch@va.gov 585-297-1460 x72469 02- 1-2019 4:00pm Department of Veterans Affairs Network Contracting Office (NCO) 2 2875 Union Road Suite 3500 Cheektowaga NY 14227 X X 624410 $7.5 Million X N/A X Department of Veterans Affairs WNY Healthcare System Buffalo VAMC 3495 Bailey Avenue Buffalo NY 14215 Department of Veterans Affairs Network Contracting Office (NCO) 2 2875 Union Road Suite 3500 Cheektowaga NY 14227

Tungsten Network http://www.tungsten-network.com/us/en /veterans-affairs

See CONTINUATION Page Child care services at the Buffalo VAMC Children's Waiting Center as specified in the Statement of Work included herewith.

See CONTINUATION Page

528-3690162-4716-850100 SPR0RP1A1

X X X One Michelle A. Harsch Contracting Officer Table of Contents

B.3 STATEMENT OF WORK…………………………………………………………………...11

D.2 WAGE DETERMINATIONS……………………………………………………………….45

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C242 Michelle A. Harsch

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.

Tungsten Network http://www.tungsten-network.com/us/en/veterans-affairs

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

B.2 IT CONTRACT SECURITY

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY

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.

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, 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 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 employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination.

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 the 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'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 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 the 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 Contracting Officer 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. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract.

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

f. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12.

g. If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship.

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

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

j. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA's prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response.

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

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

4. 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/ subcontractor shall immediately notify the COR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/ subcontractor has access.

b. To the extent known by the contractor/subcontractor, the contractor/ 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/subcontractor considers relevant.

c. With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach. Notifications need to be made in accordance with the executed business associate agreement.

d. In instances of theft or break-in or other criminal activity, the contractor/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 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/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.

5. 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 SPI the contractor/subcontractor processes or maintains under this contract.

b. The contractor/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 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 $15,000.00 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.

6. 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-day's 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.

9. 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, Appendix E 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 [to be defined by the VA program official and provided to the contracting officer for inclusion in the solicitation document - e.g., any role-based information security training required in accordance with NIST Special Publication 800-16, Information Technology Security Training Requirements.]

b. The contractor shall provide to the contracting officer and/or the COR a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required.

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.

(End of Clause)

B.3 STATEMENT OF WORK

Background Secretary Eric K. Shinseki announced an initiative in July 2011 to open pilot childcare sites at three medical centers. The childcare pilot program was authorized by Congress to help relieve the difficulty some Veterans have in making VA appointments when they are also responsible for providing care to young children.

It is the intent of the Department of Veterans Affairs (VA) to continue to provide hourly childcare services to Veteran patients’ dependents (infants and children up to 12 years old) while the Veteran is seeing VA healthcare providers (scheduled appointments only). This will reduce the difficulty Veteran patients may have keeping their appointments because of unavailable or inadequate childcare support. Infants (six weeks to one year), as well as children (toddler to 12 years), will be allowed for drop off at the VA Child Waiting Center for the duration of the patient’s scheduled appointment up to a maximum of three hours per visit, at no additional charge to the Veteran patient.

A. Scope of Work:

The contractor shall provide childcare services for infants and children of Veteran patients during their scheduled appointment(s) time at the Buffalo VAMC, 3495 Bailey Avenue, Building 1, 4th Floor, Buffalo, NY 14215.

B. Schedule:

The contractor shall provide services from 8:00AM-4:30PM, Monday through Friday. Hours over and beyond shall be addressed via project meetings between contractor and Buffalo WNY Healthcare System designees before actual start date of the services. Services are not available on the following national holidays observed by the Federal Government:

· New Year’s Day, January 1

· Martin Luther King Jr.’s Birthday, third Monday in January

· President’s Day, third Monday in February

· Memorial Day, last Monday in May

· Independence Day, July 4

· Labor Day, first Monday in September

· Columbus Day, second Monday in October

· Veteran’s Day, November 11

· Thanksgiving Day, fourth Thursday in November

· Christmas Day, December 25

The contractor shall recognize any other day designated as a holiday by Federal Statute or Executive Order (e.g., the Friday/Monday after a specific holiday, etc.), or by the Medical Center Director or designee.

Should the VA Children’s Waiting Center not open due to weather conditions; local radio and television stations shall announce this information and the Contracting Officer Representative (COR) will confirm. The Children’s Waiting Center shall adjust its schedule accordingly.

Veterans shall call the contractor 24 hours in advance or more to schedule appointments for their dependent children.

Contractor personnel shall register parents, and check-in/check-out children to ensure the three (3) hour window is clearly understood by the Veteran. In extenuating circumstances, it may be possible for a child to stay longer. Veterans shall complete a brief registration form upon arrival and provide essential information about the child: name, age, special needs, allergies, contact information for the Veteran(s), and an additional emergency contract number.

C. Caregiver to Child Ratio:

Minimum Staff: Child Ratios Based on Group Size (for infants, toddlers, and preschoolers)

D. Contractor Personnel:

The contractor shall not permit any employee who fails to comply with all applicable requirements and standards to provide services under this contract.

The following documents shall be submitted to the CO and the COR for each proposed contractor employee that will be performing under this contract at VAMC Buffalo prior to commencement of services:

1. List of proposed personnel and the job title they will be performing.

1. Applications or Resumes for all proposed personnel.

1. Copy of professional certifications that are current and valid for the positions to be held.

1. Additionally, but not limited to, year of pertinent experience, employment history; current health condition, immunization history, references etc.

0. Point of Contact (POC) - The contractor shall have one (1) person that will serve as a Contracts Manager or Contracts Representative that shall be available via telephone five (5) days a week, Monday through Friday, 8:00 AM until 4:30 PM, excluding Federal Holidays.

0. Training Requirements - In addition to NY State requirements, employees shall also complete additional VA training in compliance with the Continuous Readiness in Information Security Program (CRISP) to include annual VA Security & Privacy Training and signing the Rules of Behavior agreement within 15 days of award date.

0. Work Schedule - The contractor representative shall provide a list by date and time with individual contractor employee names for those days the Contractor shall be providing services. This list shall be provided to the COR prior to the contract effective date. The Contractor shall submit work schedule changes to the COR.

0. Should there be an emergency where the child/caregiver ratio is exceeded; the contractor is required to immediately provide staff for additional coverage not to exceed 15. Those additional staff required to provide emergency coverage shall have already completed the required background checks and shall have a valid government identification card as well as completed mandatory VA training. Child/Caregiver ratios (see Table above) will be monitored by VA, and any compliance issues will be reported to the COR.

0. Personnel Qualifications - Personnel must be at least 18 years of age, and must demonstrate experience working with children. It is preferred that providers have at least one (1) year experience in caring for infants and/or children ages six (6) weeks to 12 years.

0. Contractor personnel shall present a neat appearance and be easily recognized as contractor employees who shall wear ID badges visible at all times. The Government shall issue identification badges in accordance with Medical Center memorandum CM07-010 Medical Center Identification that will clearly identify the individuals as being contractor employees.

0. Contractor personnel must be courteous and helpful at all times, and conduct themselves professionally when communicating face-to-face, on the phone, electronic mail, and written correspondence.

0. At all times that services are provided at the VA site, a minimum of one (1) contractor employee shall be American Red Cross Cardiopulmonary Resuscitation (CPR) and First Aid Certified, and able to furnish proof of certifications.

0. Child Care Center Director - The contractor shall provide a Children’s Waiting Center Director who shall provide program administration, and be responsible for the recruitment, hire and supervision of staff and oversight over all aspects of the childcare program.

0. The Children’s Waiting Center Director must be readily available to provide guidance, and function as liaison with VAMC Buffalo (i.e. Fire; Safety; Executive Leadership; VA Child Care POC; and Public Relations Officer). In the event that the Children’s Waiting Center Director is unavailable due to planned administrative leave or emergency, an employee with similar credentials shall be designated as the Acting Director. The COR will be advised in advance of any planned absences that require designation and/or substitution of staffing and provide concurrence.

0. The Children’s Waiting Center Director shall be responsible for providing a staffing contingency plan for emergency and routine leave coverage that meets staffing experience; certification requirements; and child/care giver ratios to the COR for concurrence.

E. Continue Readiness Information Security Program (CRISP) Requirements:

All contractor and subcontractor employees performing work under this contract are required to complete VA’s privacy policy and information security trainings. The Contractor must provide training completion certificates within thirty (30) calendar days of award or exercise of any option period. Completion of VA’s privacy policy and information security training is required annually. Again, the contractor must provide training completion certificates to the COR on an annual basis to be maintained on file by VA.

The same requirements apply to compliance training and VHA will provide those materials to the contractor.

Contractor shall have a Quality Assurance Plan. This plan must address how the contractor handles actual or potential privacy violations and breaches to include reporting such incidents to the Buffalo VA Medical Center COR. The plan must address handling sensitive information received on paper or in any form that cannot be destroyed by the contractor.

1. Background Investigation – The level of background investigation commensurate with the required level of access is a National Agency Check with written inquiries (NACI).

Contractor Responsibilities:

1. The contractor shall bear the expense of obtaining background investigations. If the investigation is conducted by the Office of Personnel Management (OPM), the contractor will reimburse the Buffalo VA Medical Center within thirty (30) calendar days.

1. The contractor shall prescreen all personnel requiring access to the sensitive information to ensure they maintain a U.S. citizenship and are able to read, write, speak and understand the English language.

1. Upon award, the contractor shall provide the following information for each employee proposed to provide work under this contract: full name; SSN; DOB; e-mail address; city, state and country of birth; and occupation.

1. Contractor employees, when prompted by an email from the VA VSC Security, shall follow the electronic link to the forms that are required to be completed to initiate the background investigation. Employees shall complete the required forms and email to the address provided, and timely.

1. An email reminder will be sent to all parties on the 20th day if the completed forms are not received by the VA VSC Security. If the completed forms are not received by the 40th day, the VA will terminate the application process and the affected contractor employee must be removed from the contract.

1. The contractor, when notified of an unfavorable determination by the Government, shall withdraw the employee from consideration for working under this contract.

1. Failure to comply with the contractor personnel security requirements shall result in termination of the contract for default.

Government Responsibilities:

1. The VA Contracting Officer will provide a security package to the contractor with the forms required to be completed to initiate the background investigation.

1. Upon receipt, the VA will review the completed forms for accuracy and forward the forms to VA Security Officer to conduct the background investigation within 15 days.

1. The VHA facility will pay for the investigations conducted by OPM in advance. In these instances, the contractor shall reimburse the VHA facility within thirty (30) days upon receiving a Bill of Collection (BOC).

1. The VA Security Office will notify the VHA CO and contractor after adjudicating the results of the background investigation received from OPM.

1. The CO will ensure that the contractor provides evidence that investigations have been completed or are in the process of being requested.

G. Performance Standards for Quality Assurance - Performance standards define desired services. The Government performs surveillance to determine if the contractor exceeds, meets or does not meet these standards.

The Performance Requirements Summary Matrix below shall be used with the standards listed to monitor and compare contractor performance to the Acceptable Quality Level (AQL).

Weekly review of staffing schedule and registration sign-in sheets Exercise of Option Period and/or past performance

Weekly review of staffing schedule and registration sign-in sheets Exercise of Option Period and/or past performance

Exercise of Option Period and/or past performance

Exercise of Option Period and/or past performance

Exercise of Option Period and/or past performance

1. VAMC BUFFALO shall create a questionnaire to survey Veteran feedback regarding the use of the childcare program. The survey shall be provided by the Contractor to each Veteran after services have been received.

2. VAMC BUFFALO shall monitor staff training; certifications and performance by reviewing contractor’s records. Any questions or concerns regarding performance regarding these reports will be immediately addressed with contractor verbally and in writing. Government personnel, such as Inspector General, VA, or other personnel designated by the CO, are authorized to observe/review/assess contractor operations. The Government reserves the right to conduct and oversee announced and unannounced observations and inspections of the child development programs.

3. The contractor must prepare a health care plan that protects and promotes the health of children using the drop-in center. A health check of each child must be carried out by a person who is competent to recognize symptoms of illness and communicable diseases upon arrival to the program. The following rules for exclusion must be followed: Fevers of 100 degrees Fahrenheit, Diarrhea, unidentified skin rash, diaper rash, excessive productive cough or vomiting. Any child exhibiting any of these conditions must be denied admission to the program that day. Contractor shall not administer medication to any child.

4. The contractor shall comply with all applicable laws, regulations and policies regarding child care and all other aspects of this contract. Any future amendments, updates or revisions to these standards shall be implemented upon receipt with no added cost to the contract.

5. The Contracting Officer and the COR shall have access to, and the right to examine, any of the Contractor’s pertinent books, documents, papers or other records involving transactions related to this contract during the contract period and for a period of three years after final contract payment.

1. The contractor is responsible for initiating and maintaining all program policy and operating records to include daily, weekly, monthly, and yearly attendance figures, child and employee records, and inspection reports. There may be other ad hoc reports that are not defined at this time. The COR will request reports and assign suspense dates as when the reports must be submitted. Reoccurring reports must be submitted to the COR within five-(5) working days of the following month.

1. Any records created by the contractor as a result of services performed under this contract shall remain as Contractor records.

6. The contractor shall work with the COR to develop and update a contingency and disaster plan for the center on an annual basis to be approved by the safety officer. This plan should incorporate any specific Buffalo VAMC policies and/or procedures.

7. The Contractor shall establish and enforce internal controls relative to key control, training requirements, security of child and employee records, physical security, video surveillance, and any other internal controls in compliance with VA guidelines and policies necessary for the efficient and safe operation of the program which will be provided as needed or requested.

8. Customer Service - Service patrons should address issues and concerns about children and the care provided in the Child Care Center to the Child Care Center Director. The Care Center Director is responsible for the daily operations of the Center and has the authority and responsibility to resolve all program and management issues. The Contractor is responsible for ensuring customer satisfaction. The Director will contact the COR within 24 hours of receiving the customer’s issue(s). Patrons have the right to contact the COR at any time with regards to customer service.

9. The contractor shall comply with all applicable state and federal confidentially statues.

H. Physical Security - The contractor must be responsible for safeguarding all Government property provided for contractor use. At the end of each work period all Government facilities, equipment, and materials must be secured.

I. Physical Access Control - The contractor must establish and implement methods of making sure all identification badges and any keys issued to the contractor personnel by the Government are not lost or misplaced and are not used by unauthorized persons. The contractor must not duplicate any keys issued by the Government.

In accordance with memorandum CM07-010 Medical Center Identification, contractor personnel must immediately report to the COR or Contracting Officer any occurrences of lost identification badges/keys or duplicated keys. In the event keys, other than master keys, are lost or duplicated, the contractor may be required, upon written direction of the Contracting Officer, to re-key or replace the affected lock or locks without cost to the Government. The Government may, however, at its option, replace the affected lock or locks or perform re-keying and deduct the cost of such from the payment due the contractor. If a master key is lost or duplicated, all locks and keys for that system must be replaced by the Government and the total cost deducted from the monthly payment due the contractor.

The contractor must prohibit the use of identification badges and keys issued by the Government by any persons other than the contractor’s employees. Opening of locked areas by contractor employees to permit entrance of persons other than contractor employees engaged in performance of contract work requirements in those areas is prohibited.

In cases of theft, the contractor will notify the COR in writing within one hour upon discovery. The contractor shall provide the necessary security and precautions to safeguard and protect all Government equipment, property and supplies. The contractor, at no cost to the Government, will replace any lost or stolen items. Replacement equipment shall be identical in quality to that which was originally furnished by the Government and shall meet all Consumer Product Safety Commission standards. In addition, in cases of theft the contractor will notify the COR within one hour upon discovery.

The contractor must control access to all Government provided lock combinations to preclude unauthorized entry. The contractor shall sign for and receive from the Government the initial keys and locks for Government furnished facilities. The contractor shall develop a key control system that limits access to all keys, outlines accountability procedures and ensures keys are returned when employment is terminated. The contractor is responsible for securing the physical facility and grounds which includes all equipment and furnishings both indoors and outdoors. The contractor shall reimburse the Government for replacement of locks and keys when the contractor loses or duplicates a master key, all locks will be replaced at the contractor’s expense. The contractor will conduct a quarterly accountability inspection for locks and keys and provide a written report with the results of the inspection to the COR the first day of operation, and 20-days after each quarter thereafter. The contractor shall report the occurrence of a lost, stolen, or misplaced key to the VA Police & Security Service and COR within 24 hours after discovery of such loss, theft, or misplacement.

J. Government Furnished Property (GFP) and Services - The Government will furnish the Child Care facility for use by the contractor to perform the requirements of this contract. Facilities are designed and equipped to meet VA fire, safety, health, and sanitation standards and program needs.

The contractor is responsible for notifying the COR of any Government Funded Property (GFP) that the contractor believes to be necessary to perform the contract and for notifying the COR of any maintenance, repair, or replacement of GFP.

1. Facilities: The Government will make structural alterations as may be required in order to conform to applicable health, safety, and sanitation requirements or modified use of the facility.

1. Maintenance: The Government will provide the maintenance of all Government-furnished facilities and of all built-in real property (sinks, toilets, kitchen equipment, built-in cabinets, lighting, light bulb replacements, washers and dryers, sprinkler systems, air conditioning and heating systems, and will pay for utilities (heat, air conditioning, electricity, and water).

All requests for building maintenance shall be made to the COR. The contractor shall make no structural alterations to the facility. The contractor shall return the facility to VA in the same condition as received, minus fair wear and tear. Inspections of the site will be completed by the COR on a Quarterly basis and a written report of findings will be provided to the Contractor. Any issues attributable to the contractor neglect or abuse will be noted, and may be subject to correction at the contractor’s expense.

The contractor shall be responsible for the cost of maintenance repairs in case of damages incurred as a result of the contractor’s misuse or neglect.

1. Utilities: The Government shall provide water, septic, trash, telephone, and electric.

1. Sanitation Services: The Government shall provide a daily cleaning service, hours to be determined. Contractor shall maintain a clean environment throughout the day. Contractor shall be solely responsible for meeting all required kitchen, health, and sanitation standards for food operations, food preparation, and food storage procedures.

1. The Government will provide grounds maintenance (snow removal, grass-cutting, pest control, and garbage collection from the dumpsters), security, and fire protection.

1. Supplies: The Government will provide a supply of books, puzzles, manipulative toys, glue, colors, etc. These short-term items are all considered consumables. The Government may supplement contractor toys, equipment, and materials with Government-provided items to enhance the developmental program. Telephone will also be provided.

1. Safety: The Government shall provide external security via the VA Police & Security Services and fire protection and prevention via the VA Fire Department.

The COR will supply an inventory list that confirms all Government-furnished equipment provided to the contractor.

K. Liability - The liability, if any, of the United States for injury or loss of property, or personal injury or death shall be governed exclusively by the provisions of the Federal Tort Claims Act. Liability Insurance coverage documentation shall be provided to the CO, and shall represent coverage for the minimum allowable for entities providing childcare services.

L. Identification, parking, smoking and VAMC Regulations - The vendor's FSE shall wear visible identification at all times while on the premises of the VAMC.