36C24519Q0109-001.docx

36C24519Q0109

OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL

BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SI

GN 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. SIGN

ATURE OF OFFEROR/CONTRACTOR

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

AUTHORIZED FOR

LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

581-19-1-424-0008 36C24519Q0109 01-22-2019 George Sherrin | George.sherrin@va.gov 304-263-0811 ext. 4701 01-25-2019 Department of Veterans Affairs

VAMC (581)

1540 Spring Valley Dr.

Huntington WV 25704 X X 492110 1500 Employees N/A X Department of Veterans Affairs

VAMC (581)

1540 Spring Valley Dr Huntington WV 25704 Department of Veterans Affairs

VAMC (613)

VISN 5 Contract Satellite Office 510 Butler Avenue, Building 306A Martinsburg WV 25405

PAYMENT WILL BE

MADE BY

FSC e-Invoice Payment Invoice must be submitted electronically http://www.fsc.va.gov/einvoice.asp

Contractor to provide courier services to transport pharmacy supplies, sterile processing supplies and equipment.

Ordering Period 1 - Feb 1, 2019 - Jan 31, 2020 Ordering Period 2 - Feb 1, 2020 - Jan 31, 2021 Ordering Period 3 - Feb 1, 2021 - Jan 31, 2022 Ordering Period 4 - Feb 1, 2022 - Jan 31, 2023 Ordering Period 5 - Feb 1, 2023 - Jan 31, 2024 This solicitation is being issued as a tiered evaluation for SDVOSB concerns, or in the alternative, as a tiered evaluation for VOSB concerns. If award cannot be made, the solicitation will be canceled and requirement resolicited.

The Government anticipates a single award ID/IQ contract with yearly task orders.

WD 15-4367 and labor category 31043 - Driver Courier apply to this solicitation.

X George Sherrin Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C245 Department of Veterans Affairs

VAMC (581)

1540 Spring Valley Dr.

Huntington WV 25704

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

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

PAYMENT WILL BE MADE BY

FSC e-Invoice Payment Invoice must be submitted electronically http://www.fsc.va.gov/einvoice.asp

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

B.2 STATEMENT OF WORK

COURIER SERVICE

HERSHEL WOODY WILLIAMS VAMC

HUNTINGTON, WEST VIRGINIA

Contractor shall furnish Courier Services to the Hershel Woody Williams Veterans Administration Medical Center (hereinafter referred to as VAMC) in accordance with all terms, conditions and provisions listed in this Statement of Work (SOW). This contract shall be an ID/IQ contract with yearly task orders. The primary intent of this contract is for transportation of Pharmcy Supplies, Sterile Processing Supplies and Equipment as well as other general items as required by VAMC to and from various establishments within the VAMC catchment area.

Definition(s):

Add on service – Service not pre-scheduled but provided to the contractor daily requiring a 45 minute response time or better. These are services which are needed after the scheduling deadline provided by hospital staff (i.e. emergency room runs, clinic add on appointments, etc.)

Administrative Officer of the Day (AOD) – VA employee who acts as the administrator during all hours that are not normal working hours. Normal working hours are 8:00 a.m. to 4:30 p.m. Monday through Friday, excluding holidays.

Base Rate – Base rate is defined as the rate paid for one-way transportation from a designated pick-up point to a designated delivery point. This rate will be paid for all authorized one-way trips ordered under the contract action, with employees receiving at minimum the Department of Labor Service Contract Act wage rates during all phases of the trip made on behalf of the Government. The Base Rate shall constitute full compensation for one-way trips which do not exceed the “Mileage threshold”.

Beneficiary – Veterans and other members determined to be eligible for benefits by the VA.

Contracting Officer – VA official with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings.

Contracting Officer’s Representative (COR) – A person delegated by the Contracting Officer to act for him/her in furnishing technical guidance and advice or generally supervise the work to be performed under the contract.

Gender – For the purpose of equal rights, wherever the masculine gender is used in this solicitation, and the resulting contract, it shall be considered to include both masculine and feminine gender.

Mileage Rate – Mileage rate for Courier Services is the rate paid for each mile traveled beyond the specified Mileage Threshold. This rate applies to loaded, one-way transportation as well as no load trips outside the 30-mile radius of VAMC. In no event shall the Contractor receive this rate for miles traveled within the specified mileage threshold.

Mileage Threshold – The mileage threshold is defined as a 30-mile radius of the VAMC. For all one-way trips and no loads within a 30-mile radius of the VAMC, the contractor will receive the flat rate awarded for that trip. The Contractor will also receive the mileage charge awarded for any one-way trips and no loads in excess of the flat rate outside the 30 mile radius of the VAMC. In no event shall the Contractor receive reimbursement for mileage charge for any mileage inside the 30-mile radius of VAMC. Mileage charges are only applicable outside the 30-mile radius of the VAMC.

No service or no load charge – A no service mileage rate is applicable when a driver is dispatched to pick up an item(s) and for various possible reasons, the run is not completed, at no fault of the driver. A no service form will be completed by the driver and submitted to COR or designee (staff who approved the no-service) for signature/concurrence. When the VAMC travel office provides reasonable notification a no load charge will not apply. Reasonable notification is defined as when the travel office notifies the contractor of cancellation within 30 minutes of the pickup time for trips within 20-mile radius and prior to driver departure for trips beyond 20-mile radius.

Waiting – Waiting as used in this contract is defined as the time required and verified by authorized medical facility personnel, for the Contractor to wait at designated pick-up and/or delivery points in performing contract services.

Waiting/Waiting Grace Period – Waiting as used in this contract is defined as the time required and verified by authorized medical facility personnel, for the contractor to wait at designated pickup and/or delivery points in performing contract services. Waiting will be charged in fifteen (15) minute increments. Waiting Grace Period – The waiting grade period is defined as fifteen (15) minutes prior to the time waiting charges commence. The base rate for medical transportation services shall include a fifteen (15) minute waiting grade period at origin and destination.

A. QUALIFICATIONS:

A.1 Proposals will be considered only from offerors who are regularly established in the business called for (Courier Service) and who are financially responsible and have the necessary equipment and personnel to furnish service in the volume required for all the items under this contract. Successful offeror shall meet all requirements of Federal, State, or City codes regarding operations of this type of service.

A.2 Offerors must submit with proposal a letter fully describing the following information:

REQUIRED SUBMISSIONS: The successful offeror shall submit the following information to the Contracting Officer prior to contract award and prior to exercise of any option to this contract:

(1) A letter fully describing the make of vehicle(s), model, year, and ID number vehicle(s) which the bidder agrees to furnish under this proposal. The Contractor shall notify the Contracting Officer in writing of any vehicle(s) added, removed, or altered after award of contract.

(2) The letter shall include location and telephone number of offeror’s establishment where calls will be received and vehicle(s) will be available for dispatch.

(3) The letter shall also contain identify the metering device or method offeror proposes to use in determining mileage.

(4) The offeror shall submit a copy of the current annual safety inspections, required by the State of West Virginia, if vehicle is licensed in the state of West Virginia, for each vehicle.

(5) The inspections must be completed by a certified mechanic at any State (West Virginia) licensed inspection facility. The offeror shall furnish proof of compliance to the Contracting Officer prior to award of contract. State vehicle inspection requirements shall not be accepted as sole certification of vehicle safety.

(6) Certificate of Insurance as described in statement of work, paragraph N.

A.3 MILEAGE: Mileage is computed for out of town runs beginning or ending at the Metro limit. Unless specifically approved by Travel for extenuating circumstances, requests for payment of mileage determined not reasonable by the VAMC will not be paid. Contractor must ensure that pickups and drop-offs are scheduled so that the total distance traveled will result in the most economical charges to the Government.

A.4 INSPECTION OF CONTRACTOR FACILITIES/VEHICLES: The Government reserves the right to thoroughly inspect and investigate the facilities, vehicles, and business references, of any offeror and to reject any proposal, irrespective of price, that shall be administratively determined to be lacking in any of the essentials necessary to ensure acceptable standards of performance.

B. DRIVERS:

B.1 All Contractor’s drivers shall be required to wear, in a readily observable area on the employee, a Contractor supplied photo identification badge containing the name of the driver or attendant, and the Contractor’s business name, or company uniform, that is acceptable to the Contracting Officer, which identifies the drivers and attendants while performing any aspect of service prescribed in this contract. Records of each employee as to character (criminal background check performed) and physical capabilities (Health Certificate or statement of health from a private physician) must be maintained and made available to the Contracting Officer upon request. Contractor shall be responsible for appropriate driver screening and selection criteria when employing drivers. Such screening shall include but not limited to testing drivers for prohibited drug use and alcohol misuse, and a criminal background check to the maximum extent permitted by law. Failure to comply with this provision may be grounds for Termination Cause in accordance with FAR 52.212-4(m). .

B2. All Contractor’s drivers shall maintain a valid operator or chauffeur’s license, required to operate the type of vehicle necessary to perform the service, as required by the State of West Virginian, Kentucky & Ohio. Contractor shall provide, upon request of the Contracting Officer, a copy of the valid license of all drivers performing under this contract.

B.3. Contractor drivers shall not text message while driving. Reference FAR 52.223-18.

C. CONTRACTOR CONDUCT:

C.1 The VA places the highest priority on the treatment of its beneficiaries. The Contractor, Contractor’s employees, and Contractor’s representatives shall treat each person with respect, concern and a professional approach to the dignity as an individual. All communication both verbal and non-verbal by the Contractor’s personnel, with and in the presence of others, shall be conducted in a professional manner. Failure to comply with this provision may be grounds for Termination for Cause in accordance with FAR 52.212-4(m).

C.2 The Contractor’s personnel shall conduct themselves in a professional manner while performing any aspect of service related to this contract at or on the grounds of the VA Medical Center. All VA Medical Center rules and regulations shall be adhered to by the Contractor or Contractor’s personnel while said persons are at or on the grounds of the medical center. Failure to comply with this provision may be grounds for Termination for Cause in accordance with FAR 52.212-4(m).

D. VEHICLES:

D.1 All vehicles shall be equipped to allow for direct communication, at all times, between the drivers and staff of the VA Medical Center. This equipment may be mobile telephone, cellular telephone, or radio dispatch which would allow linking to the VA Medical Center by telephone. Contractor shall provide any telephone numbers or special access codes or devices to Travel Section in order to comply with the provision for direct communication.

D.2 TEMPERATURE REQUIREMENTS: All vehicles shall be equipped with properly functioning heater and/or air conditioning, with adequate capacity to transport required cargo. Contractor shall not place a vehicle into service under this contract that does not protect the cargo from outside temperatures that are not suitable for the cargo being transported. Failure to comply with the provision may be grounds for Termination for Cause in accordance with FAR 52.212-4(m). Contractor must maintain proper temperature in vehicles to preserve medical supplies, specimens and films. Insulated transport containers will be provided by the VA for pickup/delivery of specimens. The VA shall furnish all types of appropriate containers (coolers) which are labeled biohazard for test specimens. All vehicles shall operate heating and air conditioning to maintain a temperature between 65 and 85 degrees Fahrenheit (room temperature) while transporting laboratory specimens or materials. Transport containers are engineered for safe storage within a “room temperature” condition for a short period of time; vehicles shall not be left in extreme heat or cold while laboratory materials, specimens and/or radiologic films are being transported D.3 All vehicles shall be equipped with secured fire extinguishers, first aid kits, and two (2) flashlights that are readily available and operable for use in event of an emergency. Each vehicle shall contain a minimum of two (2) sanitary blankets.

D.4.All vehicles shall be well maintained in a clean and orderly condition. Vehicles must be free from physical damage; odor, debris and accumulation (which may constitute an accident or fire hazard). Each vehicle shall have a daily maintenance/safety checklist. Checklists shall be maintained at the contractor’s establishment and made available for inspection upon request.

D.5 All vehicles shall be smoke free and provide for the proper ventilation of the cargo.

D.6 All vehicles shall be maintained with a professional appearance that is representative of the services being performed on behalf of the Department of Veterans Affairs.

D.7 The Contracting Officer reserves the right to prohibit specific vehicles from being used to perform transportation services under this contract. This determination will be at the sole discretion of the Contracting Officer and will be based on documented evidence.

D.8 Each vehicle shall be equipped with flashing warning lights activated by the opening and loading doors and a properly functioning audible back-up signal.

E. CONTRACTOR’S QUALITY CONTROL PROGRAM (QCP)

E.1 The contractor shall establish and maintain quality control program to ensure all contract requirements are met. The Contractor’s QCP shall include the following or have incorporated into during performance of the contract, at a minimum:

E.2 All items must be transported in accordance with all local, state and federal regulations including any specified regulations for oxygen cylinders or bio-hazardous materials. All efforts shall be made to assure that all items are delivered without spoilage/damage from temperature conditions, rough handling and/or negligence. Passengers, excluding necessary vendor personnel, shall not be transported simultaneously with VA packages, lab specimens, bio-hazardous materials or compressed gases. Laboratory specimens, radiology films and other documents for transport contain protected personal information and are to be opened or viewed only by authorized government personnel.

E.3 The CONTRACTING OFFICER SHALL BE NOTIFIED at the earliest time available, but no later than the next business day, via direct communication of Contractor’s knowledge of any conditions which may adversely affect the Contractor’s ability to perform under the terms and conditions as stated in the specifications of this requirement, For example, union strikes, vehicle problems, licenses, or anything that might jeopardize the terms and conditions of this contract should be reported to the Contracting Officer.

E4. Should specimens be lost or broken, the contractor shall be required to submit a written report to the Contracting Officer within twenty-four (24) hours explaining the circumstances. Failure to provide the report with the specific time frame will cause further review by the Government to determine if the infraction warrants suspension/termination of the contract.

E5. The Contractor shall be required to maintain a record/log of courier pickups and deliveries, indicating time and date of pickups, number of shipping containers from each location, along with signatures from the sending and receiving location personnel. The VA shall be responsible for an up-to-date list of personnel authorized to send or receive items covered by this contract. Time/date, number of containers, and signature information will be duplicated on the Contractor’s invoice. If the Contractor’s proposal includes an electronic/facsimile/automated system of courier tracking, it must also demonstrate how the record log can be accessed when needed. There may be an occasion where the exact time of delivery and name of the person receiving the item is imperative for an investigation into patient services. The Contractor shall provide any such information upon request by the Contracting Officer or COR. Documents shall be available for a period of one year from the date the courier service was provided.

E6. 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.

1. CONTRACT ADMINISTRATION

F1. Notwithstanding the Contractor's responsibility for total management during the performance of this contract, the administration of the contract will require maximum coordination between the Government and the Contractor.

F2. The Contracting Officer is the only person authorized to approve changes or modify any of the requirements of this contract. The Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer is authorized to make commitments or issue changes that shall affect price, quantity or quality of performance of this contract.

F3. The COR shall be responsible for the overall technical administration of this contract as outlined in the COR Delegation of Authority.

F4. In the event the contractor effects any such change at the direction of any person other than the contracting officer without authority, no adjustment shall be made in the contract price to cover an increase in costs incurred as a result thereof.

(j) EVIDENCE OF INSURANCE COVERAGE: Before award of the contract, the Contractor shall furnish to the Contracting Officer a certificate of Insurance which shall contain an endorsement to the effect that cancellation of, or any material change in, the policies which adversely affect the interest of the Government in such insurance, shall not be effective unless a 30-day written notice of cancellation or change is furnished the Contracting Officer.

(k) INVOICING: The Contractor shall coordinate billing arrangements with the COR semi-monthly on the 1st and 15th. Billing documents shall include a printed report that shall contain the contract number, date, time, patient’s name and address, mileage, etc. The COR will forward the certified invoices to the Manager, Financial Services, for transmittal to VA Data Processing Center, Austin, Texas. Invoices shall be submitted monthly. The Contractor shall maintain a log, which will show pickup point and destination, and departure/arrival times if waiting time is claimed. If detours are encountered due to road construction or other obstruction, invoice shall so be noted.

(l) SERVICE CONTRACT ACT OF 1965: All service employees who will be employed in the performance of the contract awarded as a result of this solicitation shall be paid no less than the wages shown on the Wage Determination which is incorporated and made a part of this solicitation and resulting contract.

(m) NATIONAL HOLIDAYS: The ten holidays observed by the Federal Government are: New Year’s Day; Washington’s Birthday; Martin Luther King’s Birthday; Memorial Day; Independence Day; Labor Day; Columbus Day; Veterans Day; Thanksgiving Day; Christmas Day; or any other day specifically declared by the President of the United States to be a national holiday.

F5. TOLL CHARGES: It is agreed and understood that the prices quoted in the schedule do not include any ferry, bridge, tunnel or road toll charges. Any such legitimate toll charges incurred shall be limited to ONE WAY ONLY and shall be listed separately on the Contractor’s invoices.

1. PERFORMANCE STANDARD:

G1. Contractor must maintain a 99% satisfaction rate per 100 trips to be considered as providing acceptable performance. Acceptable performance is considered as having no more than one (1) valid complaint per 100 trips. Validity of complaint is to be determined by the COR. Valid complaints in excess of 1% per quarter may be grounds for termination (FAR Clause 52.212-4(m). Performance tracking will be monitored by the COR on a quarterly basis.

H. MANTOUX TESTING:

1. Contractor must provide evidence of negative PPD test within fourteen (14) calendar days prior to employee beginning service. If an earlier PPD test was given over twelve (12) months previously, the current test shall be a 2-step Mantoux test.

1. Contractor must provide medical evidence that employee is disease free for those employees having a positive PPD.

1. Regular annual re-testing program for TB must be established and maintained for all contract employees that may be used in performance of this contract. Contractor must provide evidence of re-tests for each contract employee to the Contracting Officer within ten (10) calendar days of retest.

1. The Mantoux testing requirements apply to Contractor employees providing services during any absence from duty of scheduled employees for any reason.

1. In no circumstance will an employee be allowed to begin duty without prior submission of the required testing certification.

I. HEPATITIS B VACCINATION:

1. The employer shall make available the Hepatitis B vaccine and vaccination series within ten (10) days of employment to all contract employees who have occupational risk and follow-up to all contract employees who have an exposure incident

1. The Contractor shall bear all costs associated with vaccinations.

1. V A Form 10-5549c, Information about Hepatitis B Vaccine (Recombinant), Consent Form, or VA Form 10-5549d. Hepatitis B Vaccine Declination (Mandatory) (Attachment B) shall be submitted to the Contracting Officer within thirty (30) days of waiver, or completion of the first in the series of the Hepatitis B Vaccine, and at completion of the vaccination series. These forms shall be provided to the contractor upon award of the contract.

J. INFECTION CONTROL COMPLIANCE:

J1. Contractor shall provide written certification of training to employees used in performance of this contract and Contractor compliance with the Blood borne Pathogens Standards. 29 CFR Part 1910.1030 (copy available on request). Certification must be received by the Contracting Officer prior to employee being assigned for duty.

(a) The infection control compliance requirements apply to Contractor employees providing services during any absence from duty of scheduled employees for any reason.

(b) In no circumstance will an employee be allowed to begin duty without prior submission of the required training certification.

(c) 29 CFR part 1910.1030 is OSHA’s standard requiring employers to:

(1) Develop written exposure-control plans;

(2) Train all employees on occupational risks;

(3) Maintain records on employee training;

(4) Use warning labels;

(5) Implement proper work methods including “Universal Precautions”, (i.e. proper care and disposal of personal protective equipment such as the use and disposal of latex gloves);

(6) Offer Hepatitis B Vaccine (HBV) to employees;

(7) Provide medical evaluations following employee’s exposure incident; and,

(8) Supply personal protective clothing and equipment i.e., gloves and goggles SPECIAL CONTRACT REQUIREMENTS (Paragraphs Q through Z) K. THE JOINT COMMISSION COMPETENCY REQUIREMENTS: The Contractor shall be responsible to ensure that contractor employees (and/or subcontractor employees) coming to the work site shall receive the information required to perform their duties.

c. Contractor shall be responsible to ensure Contractor employees (and/or subcontractor employees) providing work on this contract are fully trained and completely competent to perform the required work.

L. HIPAA COMPLIANCE:

M. CONTRACTOR PERSONNEL SECURITY REQUIREMENTS:

a. All Contractor employees will have a National Agency Check conducted. This requirement is applicable to all Contractor and Subcontractor personnel. If the investigation is not completed prior to the start date of the contract, the contractor will be responsible for the actions of those individuals they provide to perform the work for VA.

(1) Position Sensitivity – The position sensitivity has been designated as LOW RISK

(2) Background Investigation – The level of background investigation commensurate with the required level of access is National Agency Check with Written Inquiries

b. Contractor Responsibilities:

(1) The contractor shall bear the expense of obtaining background investigations. If the investigation is conducted by the Office of Personnel Management (OPM), the contractor shall reimburse VA within 30 days from receipt of a bill of collection. Background investigations from investigating agencies other than OPM are permitted if the agencies possess an OPM and Defense Security Service certification. A Cage Code number must be provided to the Office of Security and Law Enforcement, which will verify the information and advise the contracting officer whether access to the computer systems can be authorized.

(2) The Contractor shall prescreen all personnel requiring access to the computer systems to ensure they maintain a U.S. citizenship, or are otherwise lawfully admitted to, and working in the United States, and are able to read, write, speak and understand the English language.

(3) After award and prior to contract performance, contractor will submit to the contracting officer:

(a) List of names of contractor personnel.

(b) Social Security Numbers of contractor personnel

(c) Dates of birth of contractor personnel

(d) Contractor personnel email addresses

(e) Contractor personnel places of birth

(d) Contractor’s point of contact, physical mailing address, telephone and email address

(4) Contractor shall notify the Contracting Officer prior to changing/adding new contract personnel by submitting the above information.

(5) The Contractor shall submit or have Contractor employees submit the following required forms to the VA Office of Security and Law Enforcement within 30 days of receipt:

(a) Standard Form 85P, Questionnaire for Public Trust Positions

(b) Standard Form 85P-S, Supplemental Questionnaire for Selected Positions

(c) FD 258, U.S. Department of Justice Fingerprint Applicant Chart

(d) VA Form 0710, Authority for Release of Information Form

(e) Optional Form 306, Declaration for Federal Employment

(f) Optional Form 612, Optional Application for Federal Employment

(6) The Contractor, when notified of an unfavorable determination by the Government, shall withdraw the employee from consideration from working under the contract.

(7) Failure to comply with the contractor personnel security requirements may result in termination of the contract for cause.

(8) Government Responsibilities:

(a) The VA Office of Security and Law Enforcement will provide the necessary forms to the Contractor or to the Contractor’s employee(s) after receiving a list of names and addresses.

(b) Upon receipt, the VA Office of Security and Law Enforcement will review the completed forms for accuracy and forward the forms to OPM to conduct the background investigation.

(c) The VA Office of Security and Law Enforcement will notify the contracting officer and contractor after adjudicating the results of the background investigations received from OPM.

(d) The Contracting Officer will ensure that the Contractor provides evidence that investigations have been completed or are in the process of being requested.

N. VA Cyber Security And Privacy Training Requirements For Contractor Employees:

a. Definitions. As used in this clause –

(1) "Information technology resources” means any equipment or interconnected system or subsystem of equipment, including telecommunications equipment that is used in the automatic acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information.

(2) “VA sensitive information” means all VA Department data, on any storage media or in any form or format, which requires protection due to the risk of harm that could result from inadvertent or deliberate disclosure, alteration, or destruction of the information. The term includes information whose improper use or disclosure could adversely affect the ability of an agency to accomplish its mission, proprietary information, records about individuals requiring protection under various confidentiality provisions such as the Privacy Act and the HIPAA Privacy Rule, and information that can be withheld under the Freedom of Information Act. Examples of VA sensitive information include the following: individually-identifiable medical, benefits, and personnel information; financial, budgetary, research, quality assurance, confidential commercial, critical infrastructure, investigatory, and law enforcement information; information that is confidential and privileged in litigation such as information protected by the deliberative process privilege, attorney work-product privilege, and the attorney-client privilege; and other information which, if released, could result in violation of law or harm or unfairness to any individual or group, or could adversely affect the national interest or the conduct of federal programs.

c. The Contractor shall provide a copy of VA Cyber Security training certificates and VA General Privacy training certificates for each applicable employee to the Contracting Officer prior to contract performance and annually thereafter. These online courses are located at the following web site: https://www.lms.va.gov

d. All Contractor employees that have access to VA sensitive information shall annually complete VA General Privacy training. The Contractor shall provide a copy of VA General Privacy training certificates for each applicable employee to the Contracting Officer prior to contract performance and annually thereafter. This course is available online at: https://www.lms.va.gov

e. Failure to complete mandatory training within the timeframe required will be grounds for suspension or termination of all physical and/or electronic access privileges and removal from work on the contract until such time as the training is completed. In addition, the contract may be terminated for cause should the Contractor fail to meet mandatory training requirements.

O. PERSONAL SECURITY VERIFICATION (PIV) CARD AND/OR SECURITY BADGE REQUIREMENTS FOR CONTRACTOR EMPLOYEES:

Definitions. As used in this clause –

(1) “Access” means routine, unescorted physical entry into, and to the extent authorized, mobility within a Government facility. Also, it means the ability to obtain, view, read, modify, delete, and/or otherwise make use of information technology.

(2) “Facility and Government facility” mean buildings, including areas within buildings, owned, leased, shared, occupied, or otherwise controlled by the federal government.

(3) “Information technology” means any equipment or interconnected system or subsystem of equipment, including telecommunications equipment that is used in the automatic acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information. This includes both major systems/applications and general support systems as defined by OMB Circular A-130, owned by VA or owned and operated on VA’s behalf by another party.

a. Access to VA Facilities or Systems.

(1) General. The performance of this contract requires Contractor employees to have routine, unescorted access to VA facilities. All such employees who do not already possess a current Security Badge or PIV Card acceptable to VA shall be required to provide personal information, undergo an FBI National Criminal History Fingerprint Check, and obtain a Security Badge or PIV Card prior to being permitted access to any such facility in performance of this contract. No Contractor employee will be permitted routine, unescorted access to a VA facility without a proper Security Badge or PIV Card.

(2) Citizenship-related requirements. If required by the contract, each affected Contractor employee as described in paragraph (a) shall be a United States (U.S.) citizen. Otherwise, each affected contractor employee as described in paragraph (a) shall be:

(A) A United States (U.S.) citizen; or

(B) A national of the United States (see 8 U.S.C. 1408); or

(C) An alien lawfully admitted into the United States for permanent residence as evidenced by an Alien Registration Receipt Card Form I–151.

(3) Background information.

(A) Each Contractor employee that has access to VA facilities or systems shall complete the attached Special Agreement Check (SAC) Worksheet (see attachment) and deliver to the VA office responsible for fingerprinting and processing the Contractor employee(s). The Contracting Officer’s Technical Representative will provide instructions to the contractor regarding the local procedures for fingerprinting and obtaining a Security Badges or PIV card.

(B) After completion of the fingerprint check, the Contracting Officer will notify the Contractor in writing if any Contractor employee is determined to be unsuitable to be given access to a government facility or VA system. If so notified, the Contractor shall not allow such employees to perform work on this contract.

(4) Security Badge or PIV Cards.

(A) VA will issue a Security Badge or PIV Card to each Contractor employee who is to be given routine, unescorted access to VA facilities or access to VA systems and does not already possess a Security Badge or PIV Card. VA will not issue the Security Badge or PIV Card until the Contractor employee has successfully cleared the FBI National Criminal History Fingerprint Check.

(B) Security Badge or PIV Cards shall identify individuals as contractor employees. Contractor employees shall display their Security Badge or PIV Cards on their persons at all times while working in a VA facility and shall present their cards for inspection upon request by VA officials or VA security personnel.

(C) The Contractor shall be responsible for all Security Badge or PIV Cards issued to the Contractor’s employees and shall immediately notify the Contracting Officer if any Security Badge or PIV Card(s) cannot be accounted for. The Contractor shall notify the Contracting Officer immediately whenever any Contractor employee no longer has a need for his/her VA-issued Security Badge or PIV Card (e.g., employee terminates employment with the Contractor, employee’s duties no longer require access to VA facilities). In such cases, the Contracting Officer will instruct the Contractor on how to return the Security Badge or PIV Card. Upon expiration of this contract, the Contracting Officer will instruct the Contractor on how to return all VA-issued Security Badge or PIV Cards not previously returned. The Contractor shall not return Security Badge or PIV Cards to any person other than the individual(s) named by the Contracting Officer.

(5) Control of access. VA shall have and exercise full and complete control over granting, denying, withholding, and terminating access of Contractor employees to VA facilities and systems. The Contracting Officer will notify the Contractor immediately when VA has determined that an employee is unsuitable or unfit to be permitted access to a VA facility or system. The Contractor shall immediately notify such an employee that he/she no longer has access to any VA facility or system, shall retrieve the employee’s Security Badge or PIV Card from the employee, and shall provide a suitable replacement employee in accordance with the requirements of this clause. The Government may not be able to give the Contractor the reason for requiring the removal of the unsuitable contractor employee. The Government shall not be responsible for any costs incurred by the Contractor as a result of removing such employee from the subject contract.

(6) Termination. Failure on the part of the Contractor to comply with the terms of this clause may result in termination of this contract for default.

P. CONTRACTOR SPECIAL AGREEMENT CHECK (SAC):

a. A Special Agreement Check (SAC) is an FBI criminal history check of fingerprints which is initiated prior to entry on duty for all new Contractor employees who perform services for at least ten (10) days and who:

1. Provide direct and/or ancillary healthcare services at VA facilities

1. Have access to VA computer/information systems

1. Have access to sensitive information

b. The SAC Form is attached and should be completed by the contractor when there is a change in contractor employee’s performing services against this contract. The SAC will be completed by HR or designated service for contractor employees prior to or on the first day on which the contractor employees begin work under the contract, on-site at the VA facility. The COR indicates on the form whether contractor employees require computer access and signs the form. The COR ensures the SAC form is provided to human resources (HR) or designated service prior to or at the time of fingerprinting of contract personnel. HR or designated service at the facility does the fingerprinting of contractor employees and signs the form and returns the form to the COR who will then ensure that the contracting officer is aware the SAC has been completed by HR.

c. If the fingerprint report requires adjudication of “potentially actionable issues” (i.e., if there is a “hit”) with respect to the Contractor employees, HR should contact the COR who will then notify the Contracting Officer so that a determination can be made as to whether remove or retain the Contractor employee from performance against the contract.

Q. VA INFORMATION AND VA INFORMATION SYSTEMS SECURITY ACCESS

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.VA INFORMATION CUSTODIAL LANGUAGE