ATTACHMENT 2 - Solicitation Amendment 36C24422Q0615_9-22-2022.pdf

PAGE 1 OF1. 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. UEI: EFT:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

36C24422Q0615 09-15-2022

Stanley Kwasny 412-822-3781 09-26-2022

12:00 PM EDT

00244 Department of Veterans Affairs Network Contracting Office 4 Contract Specialist: Stanley Kwasny stanley.kwasny@va.gov

Contract POC: Stanley Kwasny stanley.kwasny@va.gov

X 100

X

541930

$8 Million

N/A

X

Department of Veterans Affairs VISN 04, VA Medical Centers and CBOCs

Reference Statement of Work for Medical Center and Outpatient Clinic locations.

36C244

Department of Veterans Affairs Network Contracting Office 4

Austin Payment Center Department of Veterans Affairs

PO Box 149971 Austin TX 78714-9971

(877) 353-9791 (512) 460-5429

See CONTINUATION Page

Contractor shall provide written and verbal language translation and American Sign Language translation service for nine (9), VISN-04, VA Medical Centers in accordance with the attached Statement of Work (SOW).

This RFQ will result in an estimated (5) year, Firm-Fixed Price, Indefinite-Delivery / Indefinite-Quantity (IDIQ) contract with no option years.

This RFQ is a 100% Veteran Owned Small Business Set-Aside

Anticipated Period of Performance: 09/30/2022 - 09/29/2027.

Anticipated Funding Years Funding Year 1: 09/30/2022 - 09/29/2023.

Funding Year 2: 09/30/2023 - 09/29/2024.

Funding Year 3: 09/30/2024 - 09/29/2025.

Funding Year 4: 09/30/2025 - 09/29/2026.

Funding Year 5: 09/30/2026 - 09/29/2027.

See CONTINUATION Page

X X

Cynthia Laemmerhirt Contracting Officer

VHAPTHKwasnS Highlight

VHAPTHKwasnS Highlight

VHAPTHKwasnS Highlight

VHAPTHKwasnS Highlight

36C24422Q0615

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 STATEMENT OF WORK

B.4 IT CONTRACT SECURITY

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (NOV 2021)

C.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.3 52.216-18 ORDERING (AUG 2020)

C.4 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.5 52.216-22 INDEFINITE QUANTITY (OCT 1995)

C.6 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.7 VAAR 852.219-77 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (SEP 2021)

(DEVIATION)

C.8 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

BUSINESS ASSOCIATE AGREEMENT BETWEEN THE DEPARTMENT OF

VETERANS AFFAIRS VETERANS HEALTH ADMINISTRATION, , AND

C.9 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2022) (JUL 2020) (DEVIATION)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2021)

E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.3 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

E.4 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.5 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.6 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2022) (JUL 2020)

(DEVIATION)

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 36C244 Cynthia Laemmerhirt Department of Veterans Affairs Network Contracting Office 4 Contract Specialist: Stanley Kwasny stanley.kwasny@va.gov

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award

Management, or [] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Monthly 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.

Austin Payment Center Department of Veterans Affairs

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

AMENDMENT NO DATE

VHAPTHKwasnS Highlight

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVIC

ES

QUANTIT

Y

UNI

T UNIT PRICE AMOUNT

0001 3,400.00 EA ________________

Language Translation - Off Site Estimated 3,400 minutes Total for 9 Stations for 5 years To be utilized by all sites:

Altoona, Butler, Coatesville, Erie, Lebanon, Philadelphia, Pittsburgh, Wilkes-Barre, Wilmington Contract Period: Base POP Begin: 09-30-2022 POP End: 09-29-2027 PRINCIPAL NAICS CODE: 541930 - Translation and Interpretation Services PRODUCT/SERVICE CODE: R608 - Support - Administrative:

Translation and Interpreting

0002 850.00 EA ________________

American Sign Language - Off Site

Estimated 850 minutes Total for 9 Stations for 5 years

To be utilized by all sites:

Altoona, Butler, Coatesville, Erie, Lebanon, Philadelphia, Pittsburgh, Wilkes-Barre, Wilmington Contract Period: Base POP Begin: 09-30-2022 POP End: 09-29-2027 PRINCIPAL NAICS CODE: 541930 - Translation and Interpretation Services PRODUCT/SERVICE CODE: R608 - Support - Administrative:

Translation and Interpreting

0003 60.00 HR ________________

Written Translation - Off Site

Estimated 60 hours Total for 9 Stations for 5 years

To be utilized by all sites:

Altoona, Butler, Coatesville, Erie, Lebanon, Philadelphia, Pittsburgh, Wilkes-Barre, Wilmington Contract Period: Base POP Begin: 09-30-2022

POP End: 09-29-2027 PRINCIPAL NAICS CODE: 541930 - Translation and Interpretation Services PRODUCT/SERVICE CODE: R608 - Support - Administrative:

Translation and Interpreting

0004 250.00 HR ________________

American Sign Language - On Site Estimated 50 Hours per year for 5 years Atoona VAMC Contract Period: Base POP Begin: 09-30-2022 POP End: 09-29-2027 PRINCIPAL NAICS CODE: 541930 - Translation and Interpretation Services PRODUCT/SERVICE CODE: R608 - Support - Administrative:

Translation and Interpreting

0005 250.00 HR ________________

American Sign Language - On Site

Estimated 50 Hours per year for 5 years

Butler VAMC Contract Period: Base POP Begin: 09-30-2022 POP End: 09-29-2027 PRINCIPAL NAICS CODE: 541930 - Translation and Interpretation Services PRODUCT/SERVICE CODE: R608 - Support - Administrative:

Translation and Interpreting

0006 250.00 HR ________________

American Sign Language - On Site

Estimated 50 Hours per year for 5 years

Coatesville VAMC Contract Period: Base POP Begin: 09-30-2022 POP End: 09-29-2027 PRINCIPAL NAICS CODE: 541930 - Translation and Interpretation Services PRODUCT/SERVICE CODE: R608 - Support - Administrative:

Translation and Interpreting

0007 250.00 HR ________________

American Sign Language - On Site

Estimated 50 Hours per year for 5 years

Erie VAMC Contract Period: Base POP Begin: 09-30-2022 POP End: 09-29-2027 PRINCIPAL NAICS CODE: 541930 - Translation and Interpretation Services PRODUCT/SERVICE CODE: R608 - Support - Administrative:

Translation and Interpreting

0008 250.00 HR ________________

American Sign Language - On Site

Estimated 50 Hours per year for 5 years

Lebanon VAMC Contract Period: Base POP Begin: 09-30-2022 POP End: 09-29-2027 PRINCIPAL NAICS CODE: 541930 - Translation and Interpretation Services PRODUCT/SERVICE CODE: R608 - Support - Administrative:

Translation and Interpreting

0009 250.00 HR ________________

American Sign Language - On Site

Estimated 50 Hours per year for 5 years

Philadelphia VAMC Contract Period: Base POP Begin: 09-30-2022 POP End: 09-29-2027 PRINCIPAL NAICS CODE: 541930 - Translation and Interpretation Services PRODUCT/SERVICE CODE: R608 - Support - Administrative:

Translation and Interpreting

0010 250.00 HR ________________

American Sign Language - On Site

Estimated 50 Hours per year for 5 years

Pittsburgh VAMC Contract Period: Base POP Begin: 09-30-2022 POP End: 09-29-2027 PRINCIPAL NAICS CODE: 541930 - Translation and Interpretation Services

PRODUCT/SERVICE CODE: R608 - Support - Administrative:

Translation and Interpreting

0011 250.00 HR ________________

American Sign Language - On Site

Estimated 50 Hours per year for 5 years

Wilkes-Barre VAMC Contract Period: Base POP Begin: 09-30-2022 POP End: 09-29-2027 PRINCIPAL NAICS CODE: 541930 - Translation and Interpretation Services PRODUCT/SERVICE CODE: R608 - Support - Administrative:

Translation and Interpreting

0012 250.00 HR ________________

American Sign Language - On Site

Estimated 50 Hours per year for 5 years

Wilmington VAMC Contract Period: Base POP Begin: 09-30-2022 POP End: 09-29-2027 PRINCIPAL NAICS CODE: 541930 - Translation and Interpretation Services PRODUCT/SERVICE CODE: R608 - Support - Administrative:

Translation and Interpreting

GRAND TOTAL ________________

B.3 STATEMENT OF WORK

Statement of Work Veterans Integrated Service Network 4

Written and Verbal Language Translation and American Sign Language Translation

SECTION 1. GENERAL INFORMATION

1.1 Background

1.1.1 The Department of Veterans Affairs (VA) provides services to Veterans of multi linguistic backgrounds. Foreign language interpretation is required in order to receive unbiased, accurate information regarding the care of the Veteran patient. Lack of adequate availability of interpreter services can adversely affect patient care when providers are unable to communicate with patients and/or their family members. In adherence to the VA’s core values of Integrity, Commitment, Advocacy, Respect, and Excellence, it is only fitting that the VA fulfill its mission by providing Veterans a lifeline of communication in receiving their healthcare.

1.1.2 The Veterans Health Administration (VHA) has a recurring need for off-site virtual, telephonic, written, and verbal language translation services, as well as American Sign Language (ASL) translation service. These services will be used in support of Veterans and patients associated with Veterans Integrated Service Network (VISN) 4; all nine of its medical centers and the associated Community Based Outpatient Clinics (CBOCs).

1.2 Performance Period

09/30/2022 – 09/29/2027

1.3 Type of Contract

Firm-Fixed-Price Indefinite Delivery Indefinite Quantity. 5-year base contract, no option years.

1.4 Order Format

1.4.1 Task orders will be placed by the VA Medical Center or CBOC needing the desired service. Each individual task order will describe the tasks and services required.

1.4.2 If the Contractor services are needed As Soon As Possible (ASAP), the facilities task order will be placed within forty-eight (48) hours upon completion of services.

1.4.3 Unless otherwise agreed to, all services delivered by the Contractor under this contract must be accompanied by delivery tickets or sales slips, provided by the Contractor, and shall contain the following information at a minimum:

Name of Contractor Contract Number Order Number Task/Delivery Order Number Date the Service was Provided What Service was Provided Who Ordered the Service

1.4.4 Invoices shall be submitted to the facility duty section that places the task order.

1.5 Authorized Facilities

The following VA Medical Centers and CBOCs will have access to the translation services under this contract:

Facility Address City, State, Zip Code

James E. Van Zandt VA Medical Center 2907 Pleasant Valley Boulevard Altoona, PA, 16602 Johnstown VA Clinic 598 Galleria Drive Johnstown, PA, 15904 DuBois VA Clinic 5690 Shaffer Road DuBois, PA, 15801 State College VA Clinic 2581 Clyde Avenue State College, PA, 16801 Huntingdon County VA Clinic 13903 William Penn Highway Mapleton Depot, PA, 17052 Indiana County VA Clinic 1570 Oakland Avenue, Suite 100 Indiana, PA 15701

Abie Abraham VA Clinic 353 North Duffy Road Butler, PA 16001 Butler VA Medical Center 325 New Castle Road Butler, PA 16001 Michael A. Marzano VA Outpatient Clinic 295 North Kerrwood Drive, Suite 110

Hermitage, PA 16148

Lawrence County VA Clinic 1750 New Butler Road New Castle, PA 16101 Armstrong County VA Clinic 11 Hilltop Plaza Kittanning, PA 16201 Clarion County VA Clinic 56 Clarion Plaza, Suite 115 Monroe Township, PA 16214

Cranberry Township VA Clinic 900 Commonwealth Drive, Suite 900 Cranberry Township, PA 16066

Erie VA Medical Center 135 East 38th Street Erie, PA 16504 Crawford County VA Clinic 16954 Conneaut Lake Road Meadville, PA 16335 Ashtabula County VA Clinic 2044 Lambros Lane Ashtabula, OH 44004 McKean County VA Clinic 14 Foster Brook Boulevard Bradford, PA 16701 Venango County VA Clinic 464 Allegheny Boulevard Franklin, PA 16323 Warren County VA Clinic 3 Farm Colony Drive Warren, PA 16365

University Drive Campus University Drive C Pittsburgh, PA 15240 H. J. Heinz Campus 1010 Delafield Road Pittsburgh, PA 15240 Belmont County VA Clinic 67800 Mall Ring Road, Suite 215 St. Clairsville, OH 43950 Westmoreland County VA Clinic 5274 Route 30, Suite 10 Greensburg, PA 15601 Beaver County VA Clinic 300 Brighton Avenue, Suite 110 Rochester, PA 15074 Washington County VA Clinic 1500 West Chestnut Street, Suite 450 Washington, PA 15301 Fayette County VA Clinic 627 Pittsburgh Road, Suite 2 Uniontown, PA 15401

Coatesville VA Medical Center 1400 Black Horse Hill Road Coatesville, PA 19320 Delaware County VA Clinic Marville Center 4883 West Chester Pike Newton Square, DE 19073 West Norriton VA Clinic 2495 General Armstead Ave, Suite A Norristown, PA 19403

Corporal Michael J. Crescenz VA Medical Center 3900 Woodland Avenue Philadelphia, PA 19104 Philadelphia VA Domiciliary 1425-1429 Snyder Avenue Philadelphia, PA 19145

Burlington County VA Clinic 3000 Lincoln Drive, Suite E Marlton, NJ 08053 Victor J. Saracini VA Outpatient Clinic 433 Caredean Drive Horsham, PA 19044 Gloucester County VA Clinic 211 County House Road Sewell, NJ 08080 Camden VA Clinic 300 South Broadway, Suite 103 Camden, NJ 08103 Chestnut Street VA Clinic 4219 Chestnut Street Philadelphia, PA 19104 Fourth Street VA Clinic 213 North 4th Street Philadelphia, PA 19106 West Philadelphia CBOC 6232 Market Street Philadelphia, PA 19104

Lebanon VA Medical Center 1700 South Lincoln Avenue Lebanon, PA 17042 Cumberland County VA Clinic 5070 Ritter Road Mechanicsburg, PA 17055

Lancaster County VA Clinic 212 Willow Valley Lakes Drive, Suite 208 Willow Street, PA 17584

Berks County VA Clinic Ridgeview Professional Center 2762 Century Boulevard, Suite 120

Wyomissing, PA 19610

York VA Clinic 2251 Eastern Boulevard, Suite 101 York, PA 17402 Schuylkill County VA Clinic 1410 Laurel Boulevard, Suite 2 Pottsville, PA 17901

Fort Indiantown Gap VA Clinic 1 Garrison Road, Building 4-114 Fort Indiantown Gap, Annville, PA 17003

Wilkes-Barre VA Medical Center 1111 East End Boulevard Wilkes-Barre, PA 18711 Allentown VA Clinic 3110 Hamilton Boulevard Allentown, PA 18103 Sayre VA Clinic 1537 North Elmira Street Sayre, PA 18840 Williamsport VA Clinic 1705 Warren Avenue, Suite 304 Williamsport, PA 17701 Tobyhanna VA Clinic Tobyhanna Army Depot, Building 220 Tobyhanna, PA 18466 Columbia County VA Clinic 301 West Third Street Berwick, PA 18603 Northampton County VA Clinic 701 Slate Belt Boulevard Bangor, PA 18013 Wayne County VA Clinic 600 Maple Avenue, Suite 2 Honesdale, PA 18431

Wilmington VA Medical Center 1601 Kirkwood Highway Wilmington DE, 19805 Sussex County VA Clinic 21748 Roth Avenue Georgetown, DE 19947

Kent County VA Clinic 1198 South Governors Avenue, Suite 201 Dover, DE 19904

Cape May County VA Clinic 1 Munro Avenue Cape May, NJ 08204 Atlantic County VA Clinic 1909 New Road Northfield, NJ 08225 Cumberland County VA Clinic 79 West Landis Avenue Vineland, NJ 08360 Wilmington VA Mobile Clinic 1601 Kirkwood Highway Wilmington DE, 19805

1.6 Payments

1.6.1 Invoices shall be submitted monthly in arrears. The Contracting Officer Representative (COR) or Facility Point of Contact (POC) is responsible for acceptance of services and/or the processing of any reports for the services provided to the government.

1.6.2 Payments to the Contractor will be issued monthly following receipt of invoice and acceptance of services.

1.7 Administration

1.7.1 The Contracting Officer (CO) is the only person authorized to approve changes or modify any of the requirements under this contract. The Contractor shall communicate with the CO on all matters pertaining to contract administration. Only the CO is authorized to make commitments or issue changes that will affect price, quantity, or quality of performance in this contract. In the event the Contractor effects any such change at the direction of any person other than the CO, the change shall be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof. All changes to the contract will be issued via an amendment and/or modification in writing from the CO to the Contactor.

1.7.2 On behalf of the Contracting Officer (CO), the COR and/or the Facility POC is responsible for the general administration of individual orders, review, and acceptance/denial of all services provided. The COR or Facility POC will serve as the Government point of contact concerning information exchange, submission review, and payment.

SECTION 2. SCOPE OF WORK

Definitions:

Interpreter – Oral / Verbal Translator – Written

2.1 The objective of the contract is to provide ASL interpretation, as well as written and/or verbal language translation/interpretation via virtual video meeting, telephone, or in person twenty-four (24) hours a day, seven (7) days a week, three hundred and sixty-five (365) days a year with or without advanced notice or scheduling.

2.2 The Contractor shall provide written language translation via virtual video meeting, telephone, and/or in person twenty-four (24) hours a day, seven (7) days a week, three hundred and sixty-five (365) days a year with or without advanced notice or scheduling. The Contractor will provide a hard copy of the translation to the facility POC via encrypted electronic mail (e mail). The e mail delivery method must ensure that Personally Identifiable Information (PII) is protected, and The Health Insurance Portability and Accountability Act (HIPAA) is adhered to.

2.3 The Contractor shall provide verbal language interpretation via virtual video meeting, telephone, and/or in person twenty-four (24) hours a day, seven (7) days a week, three hundred and sixty-five (365) days a year with or without advanced notice or scheduling.

2.4 The Contractor shall provide ASL interpretation via virtual video meeting, telephone, and/or in person twenty-four (24) hours a day, seven (7) days a week, three hundred and sixty-five (365) days a year with or without advanced notice or scheduling.

2.5 Contractor shall provide interpreters that are fluent and certified in the specified language being translated.

2.6 Contractor shall ensure interpreters are available twenty-four (24) hours a day, seven (7) days a week, three hundred and sixty-five (365) days a year to translate 100% of medical terminology to guarantee exact understanding of treatments, procedures, medication names/dosage requirements, and other instructions required for care of the Veteran and/or patient, or for obtaining informed consent.

2.7 The Contractor shall provide interpreters who are fluent in a multitude of languages, including but not limited to the following:

Arabic Cantonese Chinese Creole Farsi French German Hindi Indonesian Korean Mandarin Russian Serbian Somali Spanish Vietnamese

Note: It is generally not possible to know in advance when support for a specific language will be necessary due to the unpredictable dynamics of a complex care environment.

2.8 The Contractor shall provide interpreters that are fluent and certified in American Sign Language (ASL) translation.

2.9 The contractor shall provide a single, toll-free, nation-wide access number. Conference calling system/services provided must accommodate a minimum of five (5) parties in a call at the standard per minute rate agreed on.

2.10 Services shall be prompt, reliable, and easy for VA clinical staff to access whenever needed.

2.10.1 If service is needed ASAP the translator shall be available within five (5) minutes via video or telecommunications and within a reasonable amount of time in person, preferably within thirty (30) minutes.

2.10.2 If service is scheduled, the translator needs to arrive fifteen (15) minutes before scheduled time.

2.11 The Contractor shall provide identification number to be utilized by the requestor in order to obtain services.

2.12 Contractor shall know how to translate medical terminology to ensure exact understanding of treatments, procedures, medication names/dosage requirements, and other instructions required for care of the Veteran patient, or for obtaining informed consent.

2.13 Services shall be available 100% off site, twenty-four (24) hours a day, seven (7) days a week, three hundred and sixty-five (365) days a year to include all Federal Holidays and without advance notice to the Contractor.

2.14 The contractor shall provide a quarterly report to the CO and/or COR. The report shall include, but not limited to, the following items:

Type of services provided per facility Total number of those services provided per facility Total Cost of those services provided per facility The individual that requested the service at each facility

2.15 Any video aspect of the service provided by the contractor shall comply with VA Office of Information and Technology (OIT) rules and regulations. The virtual video meeting formats mentioned in this scope of work must be approved by the VA OIT.

2.15.1 The contractor shall only connect to the VA network if/when requested by the VA to provide translation services via mechanisms and modalities that have been reviewed and approved by VA OIT, Information Security Officer (ISO), and/or the Privacy Officer via a Memorandum of Understanding (MOU), Interconnection Agreement, and/or Business Associate Agreement.

SECTION 3. TRAINING

3.1 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:

3.1.1 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;

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

3.1.3 Successfully complete the appropriate VA privacy training and annually complete required privacy training; and

3.1.4 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]. Refer to Section 9.

3.2 The contractor shall provide to the CO, COR, and/or the facility POC 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.

3.3 Failure to complete the mandatory annual training and sign the Contractor 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.

SECTION 4. SECURITY REQUIREMENTS

4.1 All Contracted personnel shall have in their possession a cross-cut paper shredder to destroy any VA sensitive information the Contracted personnel writes down while conducting telephonic interpretation to the customer. This information shall be destroyed immediately upon completion of telephonic interpretation.

4.2 Contractor may not have access to the VA network. Contractor owned computer equipment including laptops are not permitted to be connected to the VA network.

4.3 Contractor must complete VA Privacy and Information Security Awareness and Rules of Behavior training prior to the performance of the contract and annually thereafter. Training must be completed in VA’s Training Management System (TMS) system (https://www.tms.va.gov/).

Contractors must use the TMS Managed Self Enrollment method to complete the training in

TMS.

4.4 The COR and/or facility POC must ensure that all contractors are validated in the PIH domain. Proof of training completion must be verified and tracked by the COR and/or facility

POC.

SECTION 5. CONTRACTOR PERSONNEL

5.1 The Contractor must not employ persons for work on this contract if such employee is considered by the CO, COR, or facility POC to be a potential threat to the facility’s operational mission or the health, safety, security, general well-being of the VISN 4 VA Medical Centers’ employees, facility population, and all Veteran beneficiaries.

5.2 Contractor personnel must be clean and present a neat appearance. Hair must be neatly trimmed and combed.

SECTION 6 ACCESSABILITY

Pass and badge requirements may vary amongst the VISN 4 facilities. To ensure compliance, the Contractor must obtain facility requirements from the COR or facility POC prior to work commencement. The Contractor must comply with all registering, credentialing, and identification procedures when entering any VA owned or controlled property, to include but not limited to, pre-registering and submitting a fee for credentialing to any third-party vendor(s) used to register, schedule, and identify contracted service providers.

SECTION 7. INFECTION CONTROL

Contractor must comply with the applicable facility’s Infection Control Policy, Tuberculosis Surveillance Policy, Flu Policy, and Infectious Disease Policy. Guidance and policy requirements will be provided by the COR, facility POC, or the facility’s Infection Prevention and Control Office. Costs incurred to establish and maintain Contractor compliance will be borne by the Contractor.

SECTION 8. RECORDS MANAGEMENT

This contract DOES NOT require Records Management language.

SECTION 9. VA INFORMATION AND INFORMATION SYSTEM

SECURITY/PRIVACY LANGUAGE FOR INCLUSION INTO CONTACTS, AS

APPROPRIATE

9.1 Contractor may not have access to the VA network. Contractor owned electronic devices (laptop, tablet, smartphone, etc.) may not be used to record any information while performing contracted services.

9.2 The following language from VA Handbook 6500.6 is required in this contract:

• Appendix C: Paragraphs #3a, #6a, #7a, #7d, #9(all)

9.3 A Business Associate Agreement (BAA) is required if a national level BAA is not already in place

9.4 All Contractors must receive Privacy training annually using one of the following methods:

• Complete “VA Privacy Training for Personnel without Access to VA Computer Systems or Direct Access to or Use to VA Sensitive Information” training by using VA’s TMS system (https://www.tms.va.gov/). Contractors may use the TMS Managed Self Enrollment method to complete the training in TMS. The COR must ensure that all contractors are validated in the PIH domain.

• Complete the hard copy version of “VA Privacy Training for Personnel without Access to VA Computer Systems or Direct Access to or Use to VA Sensitive Information”.

Signed training documents must be submitted to the COR. Training must be completed prior to the performance of the contract and annually thereafter. Proof of training completion must be verified and tracked by the COR.

Comment [MTM1]: 6500 review stated…This contract DOES NOT require Records Management language

Comment [MTM2]: Copied from the

Information System Security Officer (ISSO) and Privacy Officer (PO)

Contractor may not have access to the VA network. Contractor owned electronic devices (laptop, tablet, smartphone, etc) may not be used to record any information while performing contracted services.

The following language from VA Handbook 6500.6 is required in this contract:

• Appendix C: Paragraphs #3a, #6a, #7a, #7d, #9(all)

A Business Associate Agreement (BAA) is required if a national level BAA is not already in place

All Contractors must receive Privacy training annually using one of the following methods:

• Complete “VA Privacy Training for Personnel without Access to VA Computer Systems or Direct Access to or Use to VA Sensitive Information” training by using VA’s TMS system (https://www.tms.va.gov/). Contractors may use the TMS Managed Self Enrollment method to complete the training in TMS. The COR must ensure that all contractors are validated in the PIH domain.

• Complete the hard copy version of “VA Privacy Training for Personnel without Access to VA Computer Systems or Direct Access to or Use to VA Sensitive Information”. Signed training documents must be submitted to the COR. Training must be completed prior to the performance of the contract and annually thereafter. Proof of training completion must be verified and tracked by the COR.

B.4 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. INFORMATION SYSTEM DESIGN AND DEVELOPMENT

a. Information systems that are designed or developed for or on behalf of VA at non-VA facilities shall comply with all VA directives developed in accordance with FISMA, HIPAA, NIST, and related VA security and privacy control requirements for Federal information systems. This includes standards for the protection of electronic PHI, outlined in 45 C.F.R. Part 164, Subpart C, information and system security categorization level designations in accordance with FIPS 199 and FIPS 200 with implementation of all baseline security controls commensurate with the FIPS 199 system security categorization (reference Appendix D of VA Handbook 6500, VA Information Security Program). During the development cycle a Privacy Impact Assessment (PIA) must be completed, provided to the COR, and approved by the VA Privacy Service in accordance with Directive 6507, VA Privacy Impact Assessment.

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

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

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

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

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

g. The contractor/subcontractor agrees to:

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

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

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

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

(2) Include this Privacy Act clause, including this subparagraph (3), in all subcontracts awarded under this contract which requires the design, development, or operation of such a

SOR.

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

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

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

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

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

j. The vendor shall notify VA within 24 hours of the discovery or disclosure of successful exploits of the vulnerability which can compromise the security of the Systems (including the confidentiality or integrity of its data and operations, or the availability of the system). Such issues shall be remediated as quickly as is practical, but in no event longer than days.

k. When the Security Fixes involve installing third party patches (such as Microsoft OS patches or Adobe Acrobat), the vendor will provide written notice to the VA that the patch has been validated as not affecting the Systems within 10 working days. When the vendor is responsible for operations or maintenance of the Systems, they shall apply the Security Fixes within days.

l. All other vulnerabilities shall be remediated as specified in this paragraph in a timely manner based on risk, but within 60 days of discovery or disclosure. Exceptions to this paragraph (e.g.

for the convenience of VA) shall only be granted with approval of the contracting officer and the VA Assistant Secretary for Office of Information and Technology.

5. INFORMATION SYSTEM HOSTING, OPERATION, MAINTENANCE, OR USE

a. For information systems that are hosted, operated, maintained, or used on behalf of VA at non-VA facilities, contractors/subcontractors are fully responsible and accountable for ensuring compliance with all HIPAA, Privacy Act, FISMA, NIST, FIPS, and VA security and privacy directives and handbooks. This includes conducting compliant risk assessments, routine vulnerablity scanning, system patching and change management procedures, and the completion of an acceptable contingency plan for each system. The contractor's security control procedures must be equivalent, to those procedures used to secure VA systems. A Privacy Impact Assessment (PIA) must also be provided to the COR and approved by VA Privacy Service prior to operational approval. All external Internet connections to VA's network involving VA information must be reviewed and approved by VA prior to implementation.

b. Adequate security controls for collecting, processing, transmitting, and storing of Personally Identifiable Information (PII), as determined by the VA Privacy Service, must be in place, tested, and approved by VA prior to hosting, operation, maintenance, or use of the information system, or systems by or on behalf of VA. These security controls are to be assessed and stated within the PIA and if these controls are determined not to be in place, or inadequate, a Plan of Action and Milestones (POA&M) must be submitted and approved prior to the collection of PII.

c. Outsourcing (contractor facility, contractor equipment or contractor staff) of systems or network operations, telecommunications services, or other managed services requires certification and accreditation (authorization) (C&A) of the contractor's systems in accordance with VA Handbook 6500.3, Certification and Accreditation and/or the VA OCS Certification Program Office. Government- owned (government facility or government equipment) contractor-operated systems, third party or business partner networks require memorandums of understanding and interconnection agreements (MOU-ISA) which detail what data types are shared, who has access, and the appropriate level of security controls for all systems connected to VA networks.

d. The contractor/subcontractor's system must adhere to all FISMA, FIPS, and NIST standards related to the annual FISMA security controls assessment and review and update the PIA. Any deficiencies noted during this assessment must be provided to the VA contracting officer and the ISO for entry into VA's POA&M management process. The contractor/subcontractor must use VA's POA&M process to document planned remedial actions to address any deficiencies in information security policies, procedures, and practices, and the completion of those activities.