36C24618R0826-001.docx

36C24618R0826

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

590-18-3-898-0856 36C24618R0826 07/09/18 Marchelle D. Peyton 757-728-7013 7/31/18 Noon Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667 x 621330 $7 Million X N/A X Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667 Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667

Department of Veterans Affairs Financial Services Center

PO BOX 149971

Austin TX 78714-9971 See CONTINUATION Page Peer Recovery Services for the Clay Hunt Community Outreach Pilot See CONTINUATION Page X x Marchelle D. Peyton

NC0615L3-2782

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 (90C) Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor should be mailed to the following address:

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.

Department of Veterans Affairs Financial Services Center

PO BOX 149971

Austin TX 78714-9971 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011)

This solicitation includes FAR 52.219-4 Notice of Price Evaluation Preference for HubZone Small Business Concerns. Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by VA to assist in assessing the contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to contractor's offices where the contractor's business records or other proprietary data are retained and to review such business records regarding the contractor's compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

B3. SCHEDULE OF SERVICES.

The Hampton VA Medical Center is in need of Peer Recovery Services for Veterans and Military Service Members who are transitioning out of the military in fulfillment of the Clay Hunt SAV Act of 2015 Section 5 enhancement of 2018. The contractor shall furnish Peer Recovery Services for (1) Active duty Military Service Members, Reservists, and National Guard personnel transitioning out the of the military, and (2) Veterans who have not yet linked to VA services. The contract facility will be located within the Hampton Roads community or within a 50-mile radius of the Hampton VA Medical Center. The contract facility must have a current permit or license required by the authority having jurisdiction.

Base Year: October 1, 2018 to September 30, 2019

B4. PERFORMANCE WORK STATEMENT

The contractor shall provide Peer Recovery Services to include but not limited to, individual and group peer counseling, Veteran “X”/Orders Home Peer-Led Program implementation, Wellness Recovery Action Plan (WRAP®) facilitation, suicide prevention/personal crisis planning, outreach to Department of Defense Installations, state and local agencies, and outreach to community, military and Veteran organizations that provide support to transitioning military service members and families. A special emphasis is outreach to those individuals above who reside in rural areas. The contractor should employ a licensed mental health professional to provide clinical supervision.

The contractor shall furnish services to (1) Active duty Military Service Members, Reservists, and National Guard personnel transitioning out the of the military, and (2) Veterans who have not yet linked to VA services, and (3) family members of those described in (1) and (2).

The contractor will serve individuals who meet the following criteria:

1.1. An individual who is transitioning from Department of Defense active duty or reserve military service in the Army, Air Force, Navy, and Marine Corps.

1.2. An individual who is transitioning from Homeland Security active duty or reserve Coast Guard

1.3. An individual who is transitioning from State National Guard status

1.4. Individual Veterans who are not yet linked with VA services

1.5. Family members of individuals noted above

1.6. Special emphasis on individuals described above who reside in rural areas

2. REQUIREMENTS

The contractor will provide a minimum of (5) full-time Peer Recovery Specialists. Peer recovery specialists will serve as members of the VISN 6 Clay Hunt SAV Act Program Community Oriented Transitioning Military and Veteran Peer Network. Peer Recovery Specialists will meet at least monthly with the entire body of the Community Oriented Transitioning Military and Veteran Peer Network.

Peer Recovery Specialists will meet the following criteria:

2.1. Have completed Virginia Department of Behavioral Health and Developmental Services 72-hour Peer Recovery Specialist training

2.2. Successfully completed agency background checks

2.3. Possess a valid state driver’s license consistent with agency policies

2.4. Be one of the following:

2.4.1. honorably discharged Veteran of the armed forces

2.4.2. spouse or dependent of an active duty or Veteran-status individual

2.5. a willingness to pursue Virginia state certification as a Certified Peer Recovery Specialist

2.6. awareness of military transitioning issues

3. PEER RECOVERY SPECIALIST (PRS) DUTIES ARE AS FOLLOWS:

The contractor shall furnish each Peer Recovery Specialist employed under this contract with the following supportive services:

The contractor will provide VA with the following at prescribed intervals

4. REFERRALS

Although peer services are voluntary, the PRSs will generate referrals to peer services through outreach contacts as described above. In addition, the Clay Hunt SAV ACT Program Peer Liaison and Peer Network Mentor may refer individuals to the PRSs.

5. CONDUCT

The contractor shall make available to the VA documentary information deemed necessary by the VA to conduct utilization review audits for the mandated evaluation study as required by the Section 5 of Public Law 114-2; including participation data, and data pertaining to past and current mental health-related hospitalizations and fatalities.

The contractor shall conduct assessment of health, social and vocational needs and the involvement of transitioning military member, Veteran, or family member to appropriate community resources in resolving problems and setting goals.

The contractor shall notify the authorizing VA facility immediately when a medical emergency occurs that requires hospitalization of an individual receiving care under this contract.

The contractor shall notify the authorizing VA facility immediately of any incidents involving individual participating in the program. If the facility is co-located within a community based facility, incidents involving other individuals, i.e., sentinel events leading up to or resulting in causalities should be reported to the authorizing VA facility within 24 hours. The contractor shall notify the COR by telephone during the hours of 8:00am and 4:30pm, Monday-Friday. For all incidents that occur after normal business hours, the contractor should notify the Administrator on Duty (AOD). The contractor shall provide the COR with a copy of the incident report within 24 hours. The contractor shall maintain a copy of the incident report. The contractor will provide updates and findings on Incident Investigations continuously (at least once per week).

The following acts are not permissible, by anyone providing services under this contract or while on facility premises:

6.1 Use of intoxicating liquors, narcotics or controlled substances of any kind (excluding doctors’ prescriptions which do not impair driver’s driving ability) while on duty or reporting for duty while under the influence of liquors, narcotics or controlled substance of any kind (excluding doctors’ prescriptions which do not impair driver’s driving ability).

6.2 Gambling in any form

6.3 Carrying of pistols, firearms or concealed weapons

6.4 Smoking and other uses of tobacco while on duty

6.5 Resorting to physical violence to settle a dispute with a fellow employee, individual, or the general public while on duty

6.6 Spitting in prohibited places or any other unsanitary, offensive or insensitive practices or behavior

6.7 Use of loud, indecent or profane language and/or making threatening or obscene gestures toward individuals or other employees.

6.8 Stopping for personal business, including use of restroom facilities, while vehicle is occupied by an individual. The driver shall not leave the vehicle with the key in the ignition at any time

6.9 Engaging individuals in a verbal confrontation in an attempt to settle a disagreement. Should a disagreement arise while transporting an individual, the driver is to contact his dispatcher/supervisor via the radio system.

6.10 Soliciting or accepting tips from individuals, companions or others at any time

6.11 Engaging in personal relationships with individuals participating in peer recovery services

6. COMPLAINTS HANDLING

The COR shall monitor the services provided. The contractor shall educate its staff and individuals participating in peer recovery services on its grievance procedures as well as its client’s rights as specified by the agency. The contractor shall cooperate with the COR in providing information and answering questions in a timely manner when requested.

The contractor shall notify the COR of all participant complaints within 24 hours. All complaints received by the COR directly from the participant should be forwarded to the contractor and shall be investigated promptly by COR and agency quality assurance department. After investigation and disposition, the contractor shall respond to the COR within five (5) business days with resolution.

7. POLICY

The contractor agrees to accept referral of and to provide all services specified in this contract for any person determined eligible by the Clay Hunt SAV Act Program, regardless of race, color, religion, sexual orientation or national origin of persons for whom such services are ordered. In addition, the contractor warrants that subcontracting will not be resorted to as a means of circumventing this provision.

It is agreed that the VA readily has access to all records concerning the Clay Hunt SAV Act Program participants care. All individual records should be kept in a locked filing cabinet in a locked office area. Contractor staff should not utilize flash drives and/or any other removable devices to store participant’s personal information. Contractor computers should be user name and password protected with Ctrl-Alt-Delete access and with a timed lock-out setting. Contractor’s hard drive that stores Veteran information should be encrypted with FIPS 140-2 compliance for encryption. All Veteran data should be backed up weekly on an external hard drive. The hard drive should be stored in a locked cabinet in a locked office. The C& A requirements do not apply and a Security Accreditation package is not required.

Upon death of the individual receiving peer recovery services, records will be retained by the contractor for a period of at least three years.

The contractor will not accept food stamps or welfare from program participants.

The contractor warrants that all applicable fire laws are being complied with and there are no recommendations of fire officials, which have not been resolved.

The contractor shall comply with the VA Veteran's Bill of Rights as set forth in the Code of Federal regulations, Section 17.34a, Title 38 (copy is available upon request).

B.5 SPECIAL CONTRACT REQUIREMENTS

Under the authority of Public Law 104-262 and 38 USC 8153, the contractor agrees to provide Health Care Resources in accordance with the terms and conditions stated herein, to furnish to and at the Department of Veterans Affairs Medical Center, , the services and prices specified in the Section entitled Schedule of Supplies/Services of this contract.

1. SERVICES:

a. The services specified in the Sections entitled Schedule of Supplies/Services and Special Contract Requirements may be changed by written modification to this contract.

b. Other necessary personnel for the operation of the services contracted for at the VA will be provided by the VA at levels mutually agreed upon which are compatible with the safety of the patient and personnel and with quality medical care programming.

c. The services to be performed by the contractor will be performed in accordance with VA policies and procedures and the regulations of the medical staff by laws of the VA facility.

2. TERM OF CONTRACT:

This contract is effective one year from date of award plus zero (0) one-year options that may be exercised by the VA. The contract is subject to the availability of funds. The contractor shall perform no services after September 30 of any year until the Contracting Officer authorizes such services in writing.

3. QUALIFICATIONS:

Personnel assigned by the Contractor to perform the services covered by this contract shall be licensed in a State, Territory, or Commonwealth of the United States or the District of Columbia. All licenses held by the personnel working on this contract shall be full and unrestricted licenses. The qualifications of such personnel shall also be subject to review by the VA Chief of Staff and approval by the VA Facility Director.

4. WORK HOURS:

a. The services covered by this contract shall be furnished by the contractor as defined herein. The contractor will not be required, except in case of emergency, to furnish such services during off-duty hours as described below.

b. The following terms have the following meanings:

(1) Work hours: Normally Monday through Friday, 8:00 a.m. - 4:30 p.m., However, work schedules may be varied to meet the needs of the clientele that are being served. This may mean that personnel may be asked at times to meet with clientele in the evening.

(2) National Holidays: The 10 holidays observed by the Federal Government are:

New Years Day Martin Luther King’s Birthday Presidents Day Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Christmas AND any other day specifically declared by the President of the United States to be a national holiday.

3. PERSONNEL POLICY:

The contractor shall be responsible for protecting the personnel furnishing services under this contract. To carry out this responsibility, the contractor shall provide the following for these personnel:

- general liability

- workers compensation

- professional liability insurance

- health examinations

- income tax withholding, and

- social security payments.

The parties agree that the contractor, its employees, agents and subcontractors shall not be considered VA employees for any purpose.

4. RECORD KEEPING:

The VA Medical Center, shall establish and maintain a record keeping system that will record the hours worked by the contractor employee(s).

5. KEY PERSONNEL AND TEMPORARY EMERGENCY SUBSTITUTIONS:

The Contractor shall assign to this contract the following key personnel:

a. During the first ninety (90) days of performance, the Contractor shall make NO substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer, in writing, within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period of the contract, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

b. The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes shall have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on the proposed substitutes. The contract will be modified to reflect any approved changes of key personnel.

c. For temporary substitutions where the key person will not be reporting to work for three (3) consecutive work days or more, the Contractor will provide a qualified replacement for the key person. This substitute shall have comparable qualifications to the key person. Any period exceeding two weeks will require the procedure as stated above.

3. TERMS OF THE CONTRACT:

The contract is effective 10/01/2018 through 09/30/2019.

a. The Contracting Officer will be the only person authorized to approve changes or modify any of the requirements under this contract. The Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer will be authorized to make commitments or issue changes that affect price, quantity, or quality of performance of this contract. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change shall be considered unauthorized by the local VAMC and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.

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

4. KEY PERSONNEL AND TEMPORARY EMERGENCY SUBSTITUTIONS:

The Contractor shall assign to this contract the following key personnel: Five (5) Peer Recovery Specialist and Five (5) Peer Supervisors.

0. During the first ninety (90) days of performance, the Contractor shall make NO substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer, in writing, within 5 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period of the contract, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

0. The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes shall have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 5 calendar days after receipt of all required information of the decision on the proposed substitutes. The contract will be modified to reflect any approved changes of key personnel.

0. For temporary substitutions where the key person will not be reporting to work for three (3) consecutive work days or more, the Contractor shall provide a qualified replacement for the key person. This substitute shall have comparable qualifications to the key person.

5. CONTRACTING WITH PARTIES LISTED ON THE OIG LIST OF EXCLUDED INDIVIDUALS/ENTITIES:

1. In accordance with The Health Insurance Portability and Accountability Act (HIPAA) and the Balanced Budget Act (BBA) of 1977, the Office of Inspector General has established a list of parties and entities excluded from Federal health care programs. Specifically, the listed parties and entities may not receive Federal Health Care program payments due to fraud and/or abuse of the Medicare and Medicaid programs.

b. Therefore, all offerors shall review the OIG List of Excluded Individuals/Entities on the OIG web site at www.hhs.gov/oig to ensure that the proposed candidate(s) and/or firm(s) are not listed. Offerors should note that any excluded individual or entity that submits a claim for reimbursement to a Federal health care program, or causes such a claim to be submitted, may be subject to a minimum and maximum Civil Monetary Penalty (CMP) for each item or service furnished during a period that the person or entity was excluded and may also be subject to treble damages for the amount claimed for each item or service. CMP’s may also be imposed against health care providers and entities that employ or enter into contracts with excluded individuals or entities to provide items or services to Federal program beneficiaries.

c. By signing the offer, the Contractor certifies that he/she has reviewed the OIG List of Excluded Individuals/Entities and that the proposed candidate(s) and/or firm are not listed as of the date the offer was signed.

6. MANAGEMENT AND SUPERVISION:

a. The Contractor shall be responsible for supervising the daily services provided under this contract by the Contractor’s staff.

b. The Contractor shall have written policies and procedures regarding staff credentials.

c. The VAMC will provide to the Contractor policies, procedures and processes necessary to allow cooperative functioning between the agency and VAMC. Updates and refreshers will be provided to the Contractor upon request and when policy procedures or process changes.

d. The Contractor shall complete background investigations to ensure that employees do not have a record of criminal offenses or substantiated incidents of patient abuse; and, if required to perform their duties, employees are properly licensed and insured to operate motor vehicles.

7. QUALITY ASSURANCE:

8. TORT CLAIMS:

Individual(s) providing the services under the contract are not covered by the Federal Tort Claims Act. When an individual(s) providing the services has been identified as a provider in a tort claim, the individual(s) providing the services is responsible for notifying the Contractor’s legal counsel and/or insurance carrier. Any settlement or judgment arising from an individual(s) providing the services action or non-action is the responsibility of the Contractor and/or insurance carrier.

9. ADP SECURITY RESPONSIBILITIES:

In performance of official duties, the Contractor’s employee(s) have regular access to printed and electronic files containing sensitive data, which must be protected under the provisions of the Privacy Act of 1974 (5 U.S.C. 552a), and other applicable laws, Federal Regulations, Veterans Affairs statutes and policies. The Contractor’s employee(s) are responsible for (1) protecting that data from unauthorized release or from loss, alteration, or unauthorized deletion and (2) following all applicable regulations and instructions regarding access to computerized files, release of access codes, etc., as set out in a computer access agreement which the Contractor’s employee(s) signs.

10. CONFIDENTIALITY OF PATIENT RECORDS:

11. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (HIPAA): In accordance with 45 CFR 164.502(e), the Privacy Rule includes exceptions to the Business Associate standard. This contract and its requirements meet the following exception and do not require a Business Associate agreement for Covered Entity to disclose Protected Health Information to: a health care provider for treatment. Based on this exception, a Business Associate agreement is not required for this contract. The Contractor must adhere to all VA security policies and applicable confidentiality statutes, include 38 U.S.C. 5701, 38 U.S.C. 5705, 38 U.S.C. 7332, 5 U.S.C. 552a (Privacy Act), as well as 45 U.S.C. Parts 160, 162 and 164 (Health Insurance Portability and Accountability Act).

12. CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS):

1. FAR 42.1502 direct all Federal agencies to collect past performance information on contracts. The Department of Veterans Affairs has implemented use of the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted to record your contract performance as required by FAR 42.15.

1. The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

1. Please furnish the Contracting Officer with the name, position title, phone number, and email address for each person designated to have access to your firm’s past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state if the Contractor agrees with the evaluation, before returning the report to the Assessing Official. The report information must be protected as source selection sensitive information not releasable to the public.

1. When your Contractor Representative(s) (Past Performance Points of Contact) are registered in CPARS, they will receive an automatically-generated email with detailed login instructions. Further details, system requirements, and training information for CPARS are available at www.cpars.gov. The CPARS User Manual, registration for online training for Contractor Representatives may be found at this site.

1. You have 14 calendar days following the Assessing Official signature date to submit comments before the evaluation is made available in the Past Performance Information Retrieval System (PPIRS). You have a total of 60 calendar days following the Assessing Official signature date to submit comments. Any comments that you submit will be posted to PPIRS. If you do not sign and return the evaluation within 60 calendar days the evaluation will be returned to the Assessing Official, you will no longer be able to provide comments and the evaluation will be annotated as follows: 'The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this evaluation.' Partially completed comments that were not signed and returned to the Government within 60 calendar days will be removed from the evaluation.

1. The following guidelines apply concerning your use of the past performance evaluation:

5. Protect the evaluation as “source selection information.” After review, transit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the Contracting Officer for instructions.

5. Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

5. Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determination, production readiness reviews, or other similar purposes.

1. If you wish to discuss a past performance evaluation, you should request a meeting in writing to the Contracting Officer no later than seven (7) days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 30-day review period.

1. A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been completed.

13. CONTRACTOR CERTIFICATION

Citizenship-related requirements: Contractor must return a signed certification as found in Section D of this solicitation. This certification concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under 18 U.S.C. 1001.

14. INFECTION CONTROL REQUIREMENTS:

Contractor shall provide proof of the following tests within five (5) calendar days after contract award and prior to the first duty shift to the COR and Contracting Officer. Tests shall be current within the past year.

1. TUBERCULOSIS TESTING: Contractor shall provide proof of a negative reaction to Purified Protein Derivative (PPD) testing. A negative chest radiographic report for active tuberculosis shall be provided in cases of positive PPD results. The PPD test shall be repeated annually.

1. RUBELLA TESTING: Contractor shall provide proof of immunization for measles, mumps, rubella or a rubella titer of 1.8 or greater. If the titer is less than 1.8, a rubella immunization shall be administered with follow-up documentation to the Contracting Officer’s Representative (COR).

1. OSHA REGULATION CONCERNING OCCUPATIONAL EXPOSURE TO BLOODBORNE PATHOGENS: Contractor shall provide generic self-study training; provide their own Hepatitis B vaccination series at no cost to the VA if they elect to receive it; maintain an exposure determination and control plan; maintain required records; and ensure that proper follow-up evaluation is provided following an exposure incident.

1. The VAMC shall notify the Contractor of any significant communicable disease exposures as appropriate. The Contractor shall adhere to current CDC/HICPAC Guideline for Infection Control in health care personnel (AJIC 1998; 26:289-354) for disease control. The Contractor shall provide follow up documentation of clearance to return to the workplace prior to their return.

15. CONTRACTOR PERSONNEL SECURITY REQUIREMENTS:

All contractor employees who require access to the Department of Veterans Affairs’ computer systems shall be the subject of a background investigation and must receive a favorable adjudication from the VA Security Investigations Center prior to contract performance. This requirement is applicable to all subcontractor personnel requiring the same access. If the investigation is not completed prior to the start date of the contract, the contractor shall be responsible for the actions of those individuals they provide to perform work for the VA.

1. Position Sensitivity – The position sensitivity has been designated as LOW-RISK

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

1. Contractor Responsibilities

1. The VA Security Investigations Center will provide the necessary forms to the contractor or to the contractor’s employees after receiving the required information.

1. Upon receipt, the VA Security Investigations Center will review the completed forms for accuracy and forward the forms to OPM to conduct the background investigation.

1. The VA facility will pay for investigations conducted by the Office of Personnel Management (OPM) in advance. The contractor will reimburse the VA facility. The cost of investigation(s) will be $333.00 for each provider and will be held from the first invoice submitted by the contractor. In the event a provider has a reciprocal background investigation on file, the contractor will reimburse the VA facility $333.00 per provider for processing of Special Agreement Checks (SAC) (fingerprinting).

1. The VA Security Investigations Center will notify the contracting officer after adjudicating the results of the background investigations received from OPM.

Further Instructions regarding the background investigation process and procedures will be provide at time of award.

16. CONTRACTOR SECURITY REQUIREMENTS:

1. All Contractors and Contractor personnel shall be subject to the same Federal laws, regulations, standards and VA policies as VA, and VA personnel, regarding information and information system security. Contractor must follow policies and procedures outlined in VA Directive 6500, Information Security Program and its handbooks to ensure appropriate security controls are in place.

http://www.iprm.oit.va.gov/docs/VA_Handbook_6500_6_Contract_Security_030210_Final.pdf

17. VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE:

1. 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.

2. VA INFORMATION CUSTODIAL LANGUAGE

0. 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.

1. 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 following VA directive requirements.

1. 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.

1. 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.

1. The contractor/subcontractor shall not make copies of VA patients sensitive 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.

1. 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.

1. If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in…