36C24427Q0002 Erie Phone Answering.pdf

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. 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

36C24427Q0002

Ralph Mielnik 412-654-3583 07-03-2026

1200 EDT

36C244

Department of Veterans Affairs

Network Contracting Office 4

1010 Delafield Road

Pittsburgh PA 15215

X 100

X

561421

$19 Million

N/A

X

Erie VAMC

135 East 38th Street

Erie PA 16504

36C244

Network Contracting Office 4

Austin Payment Center

VAAR 852.232-72

Electronic Submission of Payment Request https://www.fsc.va.gov/fsc/einvoice.asp

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

See CONTINUATION Page

Phone Answering Services at Erie VA Medical Center.

24/7 coverage for all shifts. See CONTINUATION PAGE for schedule of services.

See CONTINUATION Page

X X

Nicholas Guzenski

Contracting Officer

36C24427Q0001

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 PERFORMANCE WORK STATEMENT

B.3 IT CONTRACT SECURITY

B.4 PRICE/COST SCHEDULE

ITEM INFORMATION

SECTION C - CONTRACT CLAUSES

C.1 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.2 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ...26

C.3 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS

(DEVIATION APR 2026)

C.4 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.5 52.232-18 AVAILABILITY OF FUNDS (APR 1984)

C.6 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)

(DEVIATION)

C.7 52.245-2 GOVERNMENT PROPERTY INSTALLATION OPERATION SERVICES

(APR 2012)

C.8 VAAR 852.204-72 PERSONNEL VETTING AND CREDENTIALING (DEVIATION)

(MAR 2026)

C.9 VAAR 852.211-76 LIQUIDATED DAMAGES – REIMBURSEMENT FOR DATA

BREACH COSTS (FEB 2023) ALTERNATE I (FEB 2023)

C.10 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)

(DEVIATION)

C.11 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

C.12 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(NOV 2018)

C.13 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.14 VAAR 852.222-71 COMPLIANCE WITH EXECUTIVE ORDER 13899

(DEVIATION)(APR 2025)

C.15 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ..49

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.2 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.3 52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION)

E.4 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.5 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS

AND CERTIFICATIONS (NOV 2025) (DEVIATION)

E.6 VAAR 852.252-70 SOLICITATION PROVISIONS OR CLAUSES INCORPORATED

BY REFERENCE (JAN 2008)

E.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

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

Network Contracting Office 4

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

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.

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

AMENDMENT NO DATE

B.2 PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT

Department Veteran Affairs

Erie VA Medical Center

Erie, Pennsylvania

1. GENERAL REQUIREMENTS AND INTRODUCTION.

1.1 . Currently, Erie VA Medical Center (Erie VAMC) has an immediate need for Telephone

Operators. The effort required under this Performance Work Statement (PWS) will require the Contractor to provide all labor and supervision to perform non-personal

Telephone Operator Switchboard services to the Erie VAMC and its primary satellite locations which are located in Warren, PA; Bradford, PA; Meadville, PA: Venango, PA;

Franklin, PA and Ashtabula, OH. All work will be performed at the Erie VAMC located at 135 E. 38th Street.

1.1.1 The duties would include, but are not limited to operating office machines, alarm monitoring, and delivering messages. The operators shall utilize Cisco phone Model 8841 and Automatic Call Distribution switchboard system, facility paging system. The Contractor shall be able to manage scope, schedule, and is expected to facilitate any action from inception to closure by tasking, tracking, supporting required functions/other personnel/activities, etc. The individuals for the positions are to provide comprehensive telephone and telecommunications support to the VAMC and all associated sites.

1.1.2 Contract personnel shall provide comprehensive telephone and telecommunications support to the Erie VAMC and all associated sites by processing incoming, outgoing, networked and interoffice calls regarding hospital services, patient information, call-offs, and providing emergency notification information.

1.1.3 Work includes a considerable amount of telecommunications support assignments, which involves strong customer service in recognizing and routing patient and other inquiries to the correct Erie VAMC location and program.

1.1.4 Work includes experience/knowledge of Microsoft office software to include

Outlook, Excel, Word and Teams. The Contractor shall be able to manage scope, schedule, and is expected to facilitate any action from inception to closure by tasking, tracking, supporting required functions/other personnel/activities, etc.

1.1.5 Regularly provides excellent customer service to a variety of difficult calls requiring personal involvement on the part of the employee, such as threatening, abusive, or distraught callers. Shall index patient/employee locations via computer terminal and operate emergency equipment pertinent to patient, alarms, police, fires, elevator and disasters.

1.1.6 All routine incoming calls, both internal and external, shall be answered with

(5) rings. All emergency response calls shall be answered within (2) rings and emergencies communicated within 15 seconds. All emergencies must be communicated a minimum 3 times via emergency paging system.

1.1.7 Contracted operator will answer all phone calls with the proper greeting, “Hello, Erie VA operator, my name is [your name]. How may I direct your call?” or “Good morning/Good evening, Erie VA operator, this is

[your name]. How may I direct your call?

1.2 Definitions/Acronyms - Terms used in this contract shall be interpreted as follows unless the context expressly requires a different meaning and/or interpretation. In case of a conflict in language between the Definitions and other sections of this contract, the language in this section shall be governed by the Contracting Officer (CO).

1.2.1 Point of Contact (POC)- The person from the medical center to take necessary action to ensure Contractor performs in accordance with and adheres to the specifications contained in the contract and to protect the interest of the Government. The POC shall report to the CO promptly any indication of non-compliance in order that appropriation action can be taken.

The POC has been briefed on the avoidance of personal services and those actions that represent personal services, as well. To counter the circumstances that infer personal services and to preserve the non-personal nature of this contract, the Contractor shall adhere to the following guidelines in the performance of the contract.

1.2.2 CPARS- Contractor Performance Assessment Reporting System

1.2.3 HIPAA- Health Insurance Portability and Accountability Act

1.2.4 POP- Period of Performance

1.2.5 PWS- Performance Work Statement

1.2.6 QASP- Quality Assurance Surveillance Plan

1.2.7 VA- Veterans Affairs

2. PERSONNEL QUALIFICATIONS AND REQUIREMENTS

2.1 All Contract personnel shall have a minimum of high school diploma with a minimum one - two years of call center experience and have knowledge and understanding of medical terminology in the related technical fields described.

2.2 All Contract personnel shall receive training in VA procedures and policies. No contract personnel shall be assigned to work under the contract until initial orientation and training are completed.

2.3 All Contract personnel shall be required to wear an identification badge provided by VA.

2.4 Personnel rosters shall be provided to the CO. Personnel not shown on the roster as a primary or alternate shall not be permitted to work at VA facility. A copy of the roster shall be provided to VA Police Service.

2.5 Erie VAMC reserves the right to restrict any Contactor employees from performing services under this Contract who do not meet the required qualifications for the services they are to perform, who violate federal and/or any applicable regulations, or are identified as a potential threat to security, safety, health and/or operational mission of the VA and its veteran population. The restriction of such Contractor personnel shall not relieve the

Contractor from performing all the required services, in accordance with all terms, conditions and schedules contained herein.

2.5.1 The CO certifies that the Contractor shall comply with any and all legal provisions contained in the Immigration and Nationality Act of 1952, As Amended; its related laws and regulations that are enforced by Homeland Security, Immigration and Customs

Enforcement and the U.S Department of Labor as these may relate to non-immigrant foreign nationals working under contract or subcontract for the Contractor while providing services to Department of Veterans Affairs patient referrals.

2.5.2 While performing services for the Department of Veterans Affairs, the Contractor shall not knowingly employ, contract or subcontract with an illegal alien; foreign national non-immigrant who is in violation their status, as a result of their failure to maintain or comply with the terms and conditions of their admission into the United States.

Additionally, the Contractor is required to comply with all “E-Verify” requirements consistent with “Executive Order 12989” and any related pertinent Amendments, as well as applicable Federal Acquisition Regulations.

2.5.3 The Contractor shall furnish qualified personnel as required by the Contract specifications to accomplish all services under this contract.

2.5.4 Contractor employees shall not represent themselves as VA employees while performing under this contract.

2.5.5 Employees are required to have a Security Clearance, and this will be reflected in individual task orders. Failure to maintain favorable security status will be grounds for immediate removal, and further performance under this contract will not be permitted.

Contractor shall submit required forms and documentation to the Veteran Health

Administration Security Clearance Office for clearance processing.

2.5.6 The Government shall be authorized to restrict the employment of any contract employee, or prospective employee, who is identified as a potential threat to the health, safety, security and general well-being of the mission.

2.5.7 Contracted employees shall complete VA Information Security and Privacy and

HIPAA training.

2.6 The Contractor shall provide safety and health program management in accordance with the

OSHA standards.

3. HOURS OF OPERATION

3.1 Work shall be performed twenty-four (24) hours a day, seven (7) days a week, fifty-two (52) weeks a year, including all holidays. The normal work week will be Sunday through Saturday and will consist of no more than 40 hours per week. The Contractor shall maintain full-service coverage levels during inclement weather, local or federal office closings, and early dismissals.

Services shall not be suspended or reduced due to weather unless explicitly authorized in writing by the CO.

3.2 The Contractor shall provide coverage appropriate for the workload with the concurrence of the using service and final concurrence of the CO. The contractor is responsible for all scheduling and will be required to provide coverage for all planned tours. The following is the minimum required FTE coverage:

Monday- Friday Tour FTE

8:00AM - 4:30PM 2

4:00PM - 12:00PM 1

12:00AM - 8:00AM 1

Holiday and Weekend Tour FTE

8:00AM - 4:30PM 1

4:00PM - 12:00PM 1

12:00AM - 8:00AM 1

3.3 The contractor will be required to perform services on all federal holidays and any approved unplanned holiday:

New Year's Day Labor Day

Martin Luther King' s Birthday Columbus Day

Washington's Birthday Veterans Day

Memorial Day Thanksgiving Day

Independence Day Christmas Day

Juneteenth

4. PARKING

4.1 The Erie VAMC parking for employees and contractors is free and no charges will be incurred.

5. PERFORMANCE STANDARDS, QUALITY ASURANCE (QA) AND QUALITY

IMPROVEMENTS

5.1 The Contractor shall have a Quality Control Program to assure requirements of the contract are provided as specified. The Contractor shall provide two copies of the program to the CO within one month from the onset of contract performance and changes thereafter as they occur.

The program shall include, but not limited to the following:

5.1.1 A method(s) for identifying and preventing deficiencies in the quality of services performed before the level of performance becomes unacceptable.

5.1.2 The Government will monitor the Contractor's performance under this contract using the quality assurance procedures in the POC’s Surveillance Plan.

5.1.3 The Contractor shall meet with the POC according to a schedule established by the

POC.

5.1.4 A Performance Evaluation Meeting will be held bi-monthly to discuss and resolve any deficiencies to the contract. Other concerns of either the POC, CO or the Contractor will also be discussed during these meetings.

6. TELEPHONE/SWITCHBOARD OPERATORS TASKS

6.1 Answer and process all incoming internal and external calls.

6.1.1 Answer incoming calls politely, efficiently and in a friendly manner, even during heavy workload and crises periods. Emergency calls will take precedence.

6.1.2 Incoming calls shall be routed appropriately throughout the facility. Operators shall become familiar with the functions of the different services within the facility to proficiently address caller inquiries and accurately transfer calls or provide telephone extension to the caller.

6.1.3 Responsible for immediate, professional responses to and recording of the following: emergency alarms, codes, bomb threats, fires and disasters. They shall also be required to receive and transmit over two-way radios.

6.1.4 Follow instruction if a bomb threat is received. Written procedures and formats for this type of reporting are currently established in the telephone office.

6.1.5 Operate centralized telephone system to receive and connect incoming and outgoing calls utilizing the Erie VAMC computerized equipment and telecommunications software.

6.1.6 Provides customer service to a variety of difficult calls requiring personal involvement on the part of the employee, such as threatening, abusive, or distraught callers.

6.1.7 Operates the internal and external paging system to facilitate paging requests of authorized personnel.

6.1.8 Responds to alarms appropriately based on hospital policy, announce emergency response codes, activate paging systems, dispatch information regarding alarms, operate two-way radios, and perform calmly, competently, and quickly in emergency situations.

6.2 Assist in placing various types of outgoing calls and coordinating and patching through one or more stations when necessary.

6.2.1 Assist facility staff and patients, when necessary, in placing calls. Calls shall include, but are not limited to, commercial and Federal Telecommunication Systems

(FTS) calls.

6.2.2 Politely, efficiently and in a friendly manner explain to users why calls cannot be completed as requested, when a situation of this type arises.

6.3 Reporting Telephone Equipment Malfunctions:

6.3.1 Maintain a log of all telephone equipment malfunctions and/or complaints regarding telephone service.

6.3.2 Upon request of callers, verify telephone equipment malfunctions and report them by entering a “yourIT” ticket.

6.3.3 Tests the computer and telecommunications equipment for operation, monitoring, and controlling operations during processing, and takes prompt action in response to programmed instructions, machine failures, or unscheduled halts.

6.4 Performs work in support of the facility communication system and are responsible for operating on the following systems: Telephone systems, prioritizing calls, public address system, telephone devices for deaf (TDD), and emergency communications equipment (two-way radios).

6.5 Accurately utilizes the features of the telephone consoles, headsets, telephones and other related equipment. Activates and controls standardized computer system and peripheral equipment specifically related to telephonic operations.

6.6 Performs appropriate system maintenance procedures. Input collections and/or changes to data stored in the system. Monitors the errors and initiates corrective action. Assists in training other personnel in the proper use, operation, and care of computer and telecommunications equipment.

7. CONTRACTOR’S RESPONSIBLITIES

7.1 Contractor shall always, including periods of excessively heavy workload and during absences of contract personnel, provide adequate coverage wherein telephone service is not impeded.

7.2 Contractor shall also provide the following:

7.2.1 Providing training to subordinate employees.

7.2.2 Prepare vacation schedules.

7.2.3 Monitor contract personnel time and leave to include call outs and lateness.

7.2.4 Correct deficiencies.

7.2.5 Maintain discipline within the area.

7.4 Contractor must make the Contracted employees aware of hazards (Infectious disease, Tuberculosis, Blood borne pathogens, etc.) that are part of the nature of working in a Medical

Center with a wide variety of patients treated. The Contractor must ensure that the Contracted employees understand the importance of practicing good Fire and Safety working practices. The

Contractor shall provide rosters of employees who have completed training for these hazards to the CO.

7.5 All Contract employees, providing services at the Erie VAMC are required to comply with the facilities immunization policy. As such, Contract employees must submit proof of health care requirements (as indicated below). No Contract employee will be authorized to commence work until all health care requirements are met and cleared by the VA Employee Health.

8. GENERAL REQUIREMENTS

8.1 The award for services under this PWS will be limited to the services in the contract line items awarded in the task orders.

8.1.1 Organizational Conflict of Interest (OCI): Contractor and subcontractor personnel performing work under this contract may receive or have access to Protected Health

Information (PHI). The Contractor shall notify the CO immediately whenever it becomes aware that such access to participation may result in any actual or potential PHI disclosure and shall promptly submit a plan to the CO to avoid or mitigate any such PHI.

The Contractor’s disclosure notification will be determined to be acceptable solely at the discretion of the CO and in the event the Contracting Officer unilaterally determines that any such PHI cannot be satisfactorily avoided or mitigated, the CO may affect other remedies as he/she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the PHI.

8.1.2 Government-Furnished Equipment (GFE): All equipment and supplies needed to carry out the above duties to be provided by the Government. The Government will provide various paging and alarm systems, two-way radios, workspace, copier, computer, and refrigerator for use by the contractor.

8.1.3 Disclosures: The contractor shall make no public announcement or disclosure relative to information contained or developed under this contract, except as authorized by the CO or the Public Affairs Office (PAO) associated with the Government project specific agency or installation. All data generated under this contract shall become the property of the Government and distribution to any other source by the Contractor is prohibited unless authorized by the CO.

8.1.4 The C&A (certification and accreditation) requirements do not apply, and a

Security Accreditation package is not required.

8.1.5 Travel: If travel is required, actual travel costs will not be reimbursed in accordance with the Federal Travel Regulations and the Government Joint Travel Regulations (JTR) in accordance with FAR 31.205-46

8.1.6 Quality Assurance (QA): The Government shall perform QA of the Contractor’s performance under this contract using the method of surveillance specified in the Quality

Assurance Surveillance Plan (QASP). The Government shall conduct QA inspections on customer service, call response/abandonments and calls handled. The Government reserves the right to perform QA inspections at any time and reject any/all final products submitted. The Government will identify tasks and methods of surveillance which will be reflected in the QASP. The QASP can be reviewed as a separate attachment.

8.1.7 Performance Metrics: The performance evaluation of the contractor will be based on the performance metrics below. Specific performance metrics will be addressed within each task order. Performance for each evaluation criteria will be scored as superior, acceptable, marginal, or unacceptable. Evaluation will be based on the criteria listed in the table below and measured against objectives established in each individual task order: quality, timeliness, safety, conformance, and management.

Performance

Standard

Superior

Performance

Acceptable

Performance

Marginal

Performance

Unacceptable

Performance Quality Contractor exceeds the requirements in the PWS for the milestone/deliver able.

Contractor meets the requirements in the

PWS for the milestone/deliverable.

Deliverables

/milestones are met within one training session

Contractor does not meet the requirements in the PWS for the milestone/ deliverable.

Deliverables/milestone s require more than two repeated training sessions.

Contractor does not meet the requirements in the PWS for the milestone/deliverable.

Milestone/deliverable is never accepted.

Timeliness Contractor provides acceptable milestones/ deliverables.

Contractor provides milestone/deliverable according to the schedule.

behind the project schedule, but not causing a delay in the construction schedule.

behind the project schedule resulting in a delay.

Performance delays

>10% deviation from project schedule.

Conformance Conformance with the PWS and other contractual obligations in an excellent manner

Meets the standard for superior performance except for minor differences or omissions that do not negatively impact the project.

Commits significant exception to best practices or major omission that requires additional work to resolve or minor delays to the project milestones/schedule.

Commits multiple exceptions to best practices and/or major omissions that result in regulatory intervention, threat of fine or stop work, with major disruption in project milestones/ schedule.

Management Labor

Management is optimally effective and ensures complete compliance with requirements of the PWS.

Planning and control of labor is mostly effective and ensures sound compliance with requirements of the PWS.

Significant lapse in planning and/or control of labor which requires some rework or minor delays to the project.

Multiple lapses in planning and/or control of labor, which require CO or

POC intervention to resolve and have a significant impact on project milestones and schedule.

8.2 Review of the work performed shall be identified in each task order award. However, review criteria are expected to fall under two categories of being either Positive or Negative. Under each category:

(1) Positive

• Positive performance evaluation

• Report on good performance in the Contractor Performance Assessment

Reporting System (CPARS).

(2) Negative

• Negative Performance evaluation

• Report on poor performance in CPARS

• Government determination not to award optional performance periods.

8.3. Smoking is not permitted anywhere on VA property, including buildings and grounds.

8.4 Guide dogs for visually impaired contracted employees are allowed on VA property.

8.5 The VA provides housekeeping services, manages the disposition of any VA-furnished property, and replaces GFE at the VA’s expense unless it is determined that circumstances surrounding the loss, damage, or destruction were other than through fair wear and tear.

9. INVOICE/PAYMENT

9.1 No advance payments under this contract will be authorized. All invoices shall follow the instructions in this subsection. Failure to do could result in a delay in payment.

9.2 Invoice requirements and supporting documentation: Supporting documentation and invoice must be submitted no later than the 15th of the month. Subsequent changes or corrections shall be submitted by separate invoice. In addition to information required for submission of a “proper” invoice in accordance with FAR 52.212-4 (g), all invoices must include (if applicable to contract and corresponding CLINs):

9.2.1 Name and Address of Contractor.

9.2.2 Invoice Date and Invoice Number.

9.2.3 Contract Number and Purchase/Task Order Number.

9.2.4 Date of Service.

9.2.5 Rate.

9.2.6 Quantity of hours worked.

9.2.7 Total Price.

B.3 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 30 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 15 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. Security deficiencies must be corrected within the timeframes approved by the government. Contractor/subcontractor procedures are subject to periodic, unannounced assessments by VA officials, including the VA Office of Inspector General. The physical security aspects associated with contractor/ subcontractor activities must also be subject to such assessments. If major changes to the system occur that may affect the privacy or security of the data or the system, the C&A of the system may need to be reviewed, retested and re- authorized per VA Handbook 6500.3. This may require reviewing and updating all of the documentation (PIA, System Security Plan, Contingency Plan). The Certification Program

Office can provide guidance on whether a new C&A would be necessary.

e. The contractor/subcontractor must conduct an annual self assessment on all systems and outsourced services as required. Both hard copy and electronic copies of the assessment must be provided to the COR. The government reserves the right to conduct such an assessment using government personnel or another contractor/subcontractor. The contractor/subcontractor must take appropriate and timely action (this can be specified in the contract) to correct or mitigate any weaknesses discovered during such testing, generally at no additional cost.

f. VA prohibits the installation and use of personally-owned or contractor/ subcontractor-owned equipment or software on VA's network. If non-VA owned equipment must be used to fulfill the requirements of a contract, it must be stated in the service agreement, PWS, or contract. All of the security controls required for government furnished equipment (GFE) must be utilized in approved other equipment (OE) and must be funded by the owner of the equipment. All remote systems must be equipped with, and use, a VA-approved antivirus (AV) software and a personal (host-based or enclave based) firewall that is configured with a VA-approved configuration. Software must be kept current, including all critical updates and patches. Owners of approved OE are responsible for providing and maintaining the anti-viral software and the firewall on the non-VA owned OE.

g. All electronic storage media used on non-VA leased or non-VA owned IT equipment that is used to store, process, or access VA information must be handled in adherence with VA

Handbook 6500.1, Electronic Media Sanitization upon: (i) completion or termination of the contract or (ii) disposal or return of the IT equipment by the contractor/subcontractor or any person acting on behalf of the contractor/subcontractor, whichever is earlier. Media (hard drives, optical disks, CDs, back-up tapes, etc.) used by the contractors/ subcontractors that contain VA information must be returned to the VA for sanitization or destruction or the contractor/subcontractor must self-certify that the media has been disposed of per 6500.1 requirements. This must be completed within 30 days of termination of the contract.

h. Bio-Medical devices and other equipment or systems containing media (hard drives, optical disks, etc.) with VA sensitive information must not be returned to the vendor at the end of lease, for trade-in, or other purposes. The options are:

(1) Vendor must accept the system without the drive;

(2) VA's initial medical device purchase includes a spare drive which must be installed in place of the original drive at time of turn-in; or

(3) VA must reimburse the company for media at a reasonable open market replacement cost at time of purchase.

(4) Due to the highly specialized and sometimes proprietary hardware and software associated with medical equipment/systems, if it is not possible for the VA to retain the…