36C24620Q0519_1.docx

36C24620Q0519

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

TBD

TBD

36C24620Q0519 07-08-2020 Rodney Wilson 757-728-7188 07-20-2020

4:30 PM

Department of Veterans Affairs

NCO6

100 Emancipation Drive Hampton VA 23667 X 623220 $16.5 Million N/A X Department of Veterans Affairs Salem VA Medical Center 1970 Roanoke Blvd Salem VA 24153 Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667

TBD

TBD

Department of Veterans Affairs Financial Services Center

PO BOX 149971

Austin TX 78714-9971 X See CONTINUATION Page Services: Transitional Housing for the Salem VA Medical Center in accordance with the description of services in Part B below.

The point of contact for this action is Rodney Wilson.

Email: Rodney.wilson2@va.gov See CONTINUATION Page

TBD

X X X Rodney Wilson 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:

b. GOVERNMENT: Contracting Officer 36C246 Rodney Wilson

Department of Veterans Affairs

NCO6

100 Emancipation Drive Hampton VA 23667

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.

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 PRICE/COST SCHEDULE

BASE YEAR

August 28, 2020 – January 31, 2021

Option Year 1 February 1, 2021 – January 31, 2022

Option Year 2 February 1, 2022 – January 31, 2023

B.3 PERFORMANCE WORK STATEMENT

Salem VA Medical Center Transitional Services Performance Work Statement

1.0 INTRODUCTION.

1.1 The Department of Veterans Affairs, Salem VA Medical Center in Salem, Virginia provides diagnostic and therapeutic services in medicine, surgery, rehabilitation medicine, psychiatry, and skilled nursing home care. This facility also provides homeless shelter services to those veterans requiring a transition program to aid homeless veterans.

1.2 The contract is for healthcare for homeless Veterans housing contract. The contractor shall furnish transitional housing for the beneficiaries of the Department of Veterans Affairs, Salem VA Medical Center (VAMC).

1.3 Temporary Residential Shelter. Provides housing, to include, but not necessarily limited to, beds, restroom, bath, and kitchen facilities, and related furnishings. Adequate security measures, e.g., bars on windows and doors and area fenced, in order to provide optimum safety for residents. Provide food for two balanced meals daily and snacks daily to each shelter resident. Contractor to provide personal hygiene items, first aid supplies, and storage as needed.

1.4 Temporary and/or emergency residential housing will be located in the Salem, Virginia community or within a 25-mile radius of the Salem VAMC.

2.0 SCOPE.

2.1 The contractor shall provide services to beneficiaries for whom such care is specifically authorized by the Department of Veterans Affairs Medical Center herein after referred to as the (VA). The contractor shall provide to the VA, Community Based Health Care for Homeless Veterans (HCHV), in accordance with all terms and conditions, provisions and requirements listed herein for the sum listed above. This rate is inclusive of all services as may be necessary in the treatment of the patient.

2.2 The contractor shall furnish services to beneficiaries from whom such care is specifically authorized by the VAMC Salem. It is understood that the type of patients to be cared for under this contract will normally require care and services over and above the level of room and board. Homeless Veterans may have ongoing mental illness, Depression, Schizophrenia, Post-Traumatic Stress Disorder, and /or Substance Dependencies. Chronically mentally ill means a condition of schizophrenia or major affective disorder or post-traumatic stress disorder (PTSD), based on a diagnosis from a licensed mental health professional, with at least one documented hospitalization for this condition sometime in the last 2 years or with documentation of a formal assessment on a standardized scale of any serious symptomology or serious impairment in the areas of work, family relations, thinking or mood. [38 CFR 61.1] The facility will not be used for detoxification or other hospital level treatment, VAMC will service as a treatment center.

3.0 REQUIREMENTS

The contractor shall furnish each veteran authorized care under this contract with the following basic services:

3.1 Contractor shall provide segregated and gender-specific bedroom and bathroom access, with sufficient locks on bedroom and bathroom doors. Contractor will provide adequate security measures to include sufficient monitoring and restriction of access by residents in segregated areas.

3.2 Room and Board to include a bed and other furnishings such as a dresser, storage, and linen for the bed.

3.3 Access to kitchen for preparation of two meals (breakfast and supper) a day, 7 days a week and availability of nutritious snacks between meals and bedtime for those requiring or desiring additional food, when it is not medically contraindicated.

3.4 Laundry facilities for residents to do their own laundry or to have laundry done.

3.5 The total number of beds required is fifteen (15), with ability to flex beds up to eighteen (18) during high utilization months. The maximum time allowed for any one (1) homeless Veteran to reside at this facility shall be up to (120 days) with a documented 60 day review of treatment plan and determination of continued need for placement completed by contractor, then evaluated on a case by case bases not to exceed an additional 60 days or 180 days total in a fiscal year.

3.6 In rare circumstances, request for readmission to residential contract housing will be reviewed by COR and Homeless Program Coordinator.

3.7 Therapeutic and Rehabilitative Services needed shall be determined by a plan developed by the contractor with input from the patient and the COR.

3.8Services, which the contractor must be able to furnish, include:

1. Structured group activities, including physical activities as appropriate.

1. Instruction in health and personal hygiene.

1. Monitoring of medications, including locked drawers for storage of medication.

1. Supportive social services, in collaboration with COR and HCHV case managers, or other contract resources.

1. Assistance in learning and development of responsible living patterns to achieve a more adaptive level of psychosocial functioning upgraded social skills and improved personal relationships.

1. Support for an alcohol/drug abuse free lifestyle by maintaining a drug and alcohol-free environment by providing breathalyzers/ drug screens as requested by COR.

1. Assist in arranging transportation to care at the VA Medical Center and other appointments.

1. Handicapped accessibility as needed.

3.9 Unless specifically excluded in this contract, the per diem rate established will include the services listed in the document and will also include all services normally provided other patients by the facility without extra charge.

3.10 Contractor shall not be permitted to serve as payee representative or fiduciary of veteran’s Social Security, Service-Connected and/or Non-Service-Connected benefits, either as individual or organizational payee.

4.0 PERSONNEL

4.1 The contract facility must have a current occupancy permit or license required by the authority having jurisdiction.

4.2 The contractor will employ sufficient personnel to carry out the policies, responsibilities, of the program for the facility. Personnel will be on duty, on the premises, or residing at the house and available for emergencies 24 hours a day, 7 days a week.

4.3 Any residential personnel employed by the contractor may have limited access to private healthcare information to provide emergency transitional housing care and support.

5.0 REFERRALS

5.1 All Referrals for Contract Housing services shall be made through Salem VAMC HCHV. The VAMC HCHV shall utilize the ARCH Services Central Intake for all eligible and ineligible veterans. A Faxed information sheet shall follow each referral for eligibility approval by Clinical Staff.

5.2 Orders, requests, or changes shall only be made by the Contracting Officer, or authorized party specified by the Contract Officer. Under no circumstances shall there be any deviation of any other party. In addition, Contractor shall make no deviation and is responsible for providing direction to its staff.

5.3 A list of authorized ordering personnel shall be made available to the Contractor upon award of the contract. VA employees may be added or deleted from the list during the term of the contract at the discretion of VAMC Salem. The Contractor shall be notified to such changes as they occur.

6.0 ABSENCES AND CANCELLATION

6.1 The contractor shall notify the authorizing VA of absences from the facility. Absences of the patient from the facility in excess of forty-eight (48) hours shall not be reimbursable except those with the prior approval of the VA facility coordinator. Should a patient referred to a residential treatment facility absent himself/herself in an unauthorized manner payment for services for that veteran to the contract facility would be continued for a maximum period of two days, provided there is an active outreach attempt on the part of the contract facility staff to return the veteran to the residential treatment program, and a strong likelihood that the patient will return. Management of program dropout will be an element of quality assurance review of this program. Negative discharges will be subject to review by COR.

6.2 It is understood that the beneficiary may be provided facility care at the expense of the VA for a period not to exceed of that stated in the length of the Contract unless an extension of the authorization is provided in writing by the VA...

6.3 VA reserved the right to remove any or all patients from the facility at any time without additional cost, when it is determined to be in the best interest of the VA or the patient.

6.4 Length of stay at VA cost will be initially authorized for up to 4 months, depending upon the needs of the patient as mutually determined by the patient, the residential treatment staff, and the VA HCHV Treatment Staff. An additional 2 months of contract supported residential treatment may be authorized with the Medical Director’s/designee’s approval with such funding as is authorized.

7.0 CONDUCT

7.1 The contractor shall make available to the VA, documentary information deemed necessary by the VA to conduct utilization review audits for the mandated national evaluation study as required by the Section 2 of Public Law 100-6; to verify quality of patient care for veterans, to assure confidentiality of patient record information and to determine the completeness and accuracy of financial records.

7.2 The contractor shall conduct treatment and discharge planning reflecting a team assessment of health, social and vocational needs and the involvement of resident and appropriate community resources in resolving problems and setting goals.

7.3 The contractor shall comply with the principles listed in 38 CFR 17.707(b) to provide housing and supportive services in a manner that is free from religious discrimination.

7.4 The contractor shall notify the COR or designee immediately when a medical or psychiatric emergency occurs requiring re-hospitalization of a patient receiving care at VA expense. It is agreed that the veteran will be readmitted to the appropriate VA facility. When such readmission is not feasible because of the nature of the emergency, it is agreed that hospitalization in a non-federal hospital may be accomplished provided the VA authorization is obtained. If hospitalization of a non-emergency nature is required it is agreed that readmission to the VA will be accomplished once the patient is determined to be stable and cleared for release and transport by medical staff.

7.5 The following acts are not permissible, under this contract or while on facility premises:

7.5.1 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 doctor’s prescriptions which do not impair driving ability).

7.5.2 Gambling in any form.

7.5.3 Possession of or carrying of pistols, firearms, or concealed weapons on the property.

7.5.4 Smoking and other uses of tobacco while on duty

7.5.5 Resorting to physical violence to settle a dispute with a fellow employee, customer(s) or the general public while on duty

7.5.6 Spitting in public places or other unsanitary, offensive or insensitive practices or behavior.

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

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

7.5.9 Engaging customer in a verbal confrontation in an attempt to settle a disagreement. Should a disagreement arise, the driver is to contact his dispatcher/supervisor via the radio system or telephone.

7.5.10 Soliciting or accepting tips from customer, companions or others at any time.

8.0 COMPLAINTS HANDLING

8.1 The COR shall monitor the service provided. Contractor shall cooperate with the COR in providing information and answering questions in a timely manner when requested. Contractor shall refer complaints received directly from the customer(s) to the COR. All complaints received by the COR and forwarded to the Contractor shall be investigated within 5 business days. After investigation and disposition, Contractor shall respond to the COR within (5) working days.

9.0 TRANSPORTATION

9.1 The facility shall assist the patients with transportation to scheduled meetings and appointments by providing information, instructions, and bus passes so that patients can utilize public transportation.

10.0 FACILITY

10.1 Facility shall be equipped with operational air conditioning/heating systems at all times, unless under emergency status.

10.2 Facility shall be kept clean free of dirt, grime, mold, or other hazardous substances and damaged noticeably detract from the overall appearance.

10.3 Facility shall be equipped with first aid kit; fire extinguisher fully charged non expired, fire/carbon alarms, and an evacuation plan in case of emergency.

10.4 Facility shall have windows and doors that can be opened and closed in accordance with manufacturer standards.

10.5 VAMC Salem will not incur any cost associated with the contractor providing inadequate or faulty equipment.

11.0 POLICY

11.1 The contractor agrees and warrants that its facility does not maintain nor provide dual or segregated patient facilities, which are segregated on the basis of race, creed, color or national origin. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by local custom. The term “facility” shall include but not limited to rooms, wards, sections, eating areas, drinking fountains, entrances, etc.

11.2 The contractor agrees to accept referral of and to provide all services specified in this contract for any person determined eligible by the VA Medical Center Director or his designee, regardless of race, color, religion, sex or national origin of persons for whom such services are ordered. Any non-acceptance of a referral shall be as follows

· Active suicidality

· Psychosis, Mania

· Criminal background that creates a safety risk to patients or staff.

In addition, the Contractor warrants that subcontracting will not be resorted to as a means of circumventing this provision

11.3 It is agreed that the VA readily have access to all records concerning the veteran’s care in the facility. It is agreed that duly authorized representatives of the VA will provide follow-up supervision to veterans placed to assure the continuity of care and to assist in the veteran’s transition back into the community. It is understood that these visits do not substitute nor relieve the contractor in any way of the responsibility for the daily care and treatment of the veteran. Upon discharge or death of the patient, records on all VA beneficiaries will be retained by the contractor for a period of at least three years following termination of care at VA expense.

11.4 The contractor will not accept food stamps or welfare from veterans.

11.5 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.

11.6 The contractor shall comply with the VA Patient’s Bill of Rights as set forth in the Code of Federal regulations, Section17.34a, Title 38 (copy is available upon request).

11.7 The VA case manager/treatment teams, in collaboration with the existing community homeless care task force workers, shall identify and refer all patients to the contractor. All patients will be homeless, chronically mentally ill (CMI) (including chronically mentally ill veterans whose psychiatric disorder is manifested by chronic alcohol or other drug abuse), have significant medical condition(s), or fleeing domestic violence that has proven to be the primary reason for homelessness.

11.8 Before referring any patient, the VA shall have provided the contracted agency with a signed Released of Information (ROI) from the veteran patient as well as that veteran’s clinical assessment, physical and laboratory studies, and confirmation of appropriate diagnosis by a VA staff.

12.0 INSPECTION AND ACCEPTANCE

12.1 It is agreed that the Veterans Affairs will have right to inspection of the residential treatment center and all appurtenances by an authorized representative(s) designated by the Veterans Affairs.

12.2 Prior to award of contract, a multidisciplinary Veterans Affairs team consisting of a social worker, dietitian, registered nurse, and an engineering service safety officer shall conduct a survey of the residential treatment/community health care center. Residential treatment centers to be utilized will be restricted to community-based facilities that provide food, shelter, and therapeutic services in a supportive environment.

12.3 In the cases of complexes of non-VA community health care facilities, it is imperative that all components of the program be inspected by the VA team prior to award of the contract as is required for an integrated primary site. Each of the community health care facilities identified in the complex as contact recipients will also be subject to the requirement for contracting, safety and record keeping described in other parts of this document as applying to the residential treatment center.

12.4 The contractor will be advised of the finding of the inspection team. If deficiencies are noted during any inspection, the facility will be given up to 30 days to take corrective action to notify the Contracting Officer that the corrections have been made. A contract will not be awarded until noted deficiencies have been eliminated.

12.5 The VA shall monitor the contractor’s program and inspect the contractor’s facility to ensure compliance with this agreement. Any unsatisfactory conditions noted during an inspection of contract facility will be reported in writing to the VA Contracting Officer through the Medical Center Director. If corrections are not made to the satisfaction of the VA, the Contracting Officer will consult with the appropriate officials so that suitable arrangements can be made to discharge or transfer patients and to terminate the contract.

12.6 Subsequent inspections of the residential treatment center must be made yearly by a multidisciplinary team including such VA Medical Center personnel as the Director considers necessary to assure the facility provides quality care in a safe environment. As the VA program personnel accomplish site visits, attention will be directed to the adequacy of veterans’ records. Site visits will also include a spot check of records to ensure contractor invoices accurately reflect the veteran’s length of stay.

13.0 SAFETY

13.1 The COR will inspect the facility for conformity to the current Life Safety Code and submit to the team and will focus on an assessment of the quality of life within the residential treatment facilities, giving particular attention to the following factors:

1. General observation of residents indicates that they maintain an acceptable level of personal hygiene and grooming.

1. The facility meets applicable fire, safety and sanitation standards in attractive surroundings conducive to social interaction and the fullest development of the resident’s rehabilitative potential.

1. The facility should be in a central location, near public transportation, and near areas, which provide employment.

1. Appropriate organized activity programs during waking hours (including evenings) reflecting a high level of activity in the facility or in the linked facilities, for example individual professional counseling, physical activities, assistance with health and personal hygiene.

1. There is evidence of facility-communication interaction. This may be demonstrated by the nature of scheduled activities or by information about resident flow out of the facility, e.g., community activities, volunteers, local consumer services, etc.

1. Staff behavior and interaction with residents convey an attitude of genuine concern, cultural sensitivity, and caring.

1. Access to kitchen and proper utensils for patient preparation and consumption of nutritionally adequate meals are provided in a setting, which encourages social interaction and nutritious snacks between meals and bedtime are available for those requiring or desiring additional food, when it is not medically contraindicated. The addition of nutritious snacks to the requirements for room and board is particularly indicated for homeless patients. Many of these patients are either undernourished or have developed poor eating habits or both, because of their chronic psychiatric disorder, including alcohol/drug abuse behaviors. The local VA Medical Center dietitian may consult with initial inspection team and the team making subsequent assessments, in evaluating not only the printed menus but also the patients’ satisfaction with meals and the actual consumption of food offered.

14.0 SPECIAL CONTRACT REQUIREMENTS

1. KEY PERSONNEL.

A.1 Key personnel shall be identified in the quote and shall be considered key personnel essential for the successful completion of the work performed under the contract. The contractor agrees that such personnel shall not be removed, diverted or replaced from the work without prior written approval of the Contracting Officer. The contractor shall submit written notice of proposed personnel changes to the Contracting Officer for approval at least thirty (30) business days in advance.

1. CONTRACTOR EMPLOYEES.

B.1 Contractor shall ensure that their personnel identify themselves as Contractors when attending meetings, answering government telephones, providing any type of written correspondence, or working in situations where their actions could be construed as official government acts.

B.2 The Contractor must also provide at a minimum annual safety in the workplace training and provide certificate upon request. The CO may authenticate the training requirements, request training certificates or credentials from the contractor at any time for any personnel who are servicing or installing the Medical Center’s equipment.

C. QUALITY ASSURANCE SURVEILLANCE PLAN.

C.1 The Government intends to utilize a Quality Assurance Surveillance Plan (QASP) to monitor the quality of the contractor’s performance. The oversight provided for in the order and in the QASP will help to ensure that service levels reach and maintain the required levels throughout the contract term. Further, the QASP provides the COR with a proactive way to avoid unacceptable or deficient performance and provides verifiable input for the required Past Performance Information Assessments. The QASP will be finalized immediately following award and a copy provided to the Contractor after award. The QASP is a living document and may be updated by the Government as necessary.

D. BILLING AND PAYMENT.

D.1 Invoices shall be submitted monthly, in arrears, and shall include at a minimum:

Date of invoice Contract Number Purchase Order Number Vendor Name Invoice Number CLIN & Date of service

E. CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS).

(a) 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 in order to record your contract performance as required by FAR 42.15

(b) 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.

(c) 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 whether or not 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.

(d) 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.

(e) Within 60 days after the end of a performance period, the Contracting Officer will complete an interim or final past performance evaluation and the report will be accessible at www.cpars.gov Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment. Comments are limited to the space provided in Block 22. Your comments should focus on objective facts in the Assessing Official’s narrative and should provide your views on the causes and ramifications of the assessed performance. In addition to the ratings and supporting narratives, blocks 1-17 should be reviewed for accuracy, as these include key fields that will be used by the Government to identify your firm in future source selection evaluations. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating, “No Comment” in Block 22, and then signing and dating Block 23 of the form. Without a statement in Block 22, you will be unable to sign and submit the evaluation back to the Government. If you do not sign and submit the CPAR within 30 days, it will automatically be returned to the Government and will be annotated: “The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment.” Your response is due within 30 calendar days after receipt of the CPAR.

(f) The following guidelines apply concerning your use of the past performance evaluation:

(1) 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.

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

(3) 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.

(g) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the Contracting Officer no later than seven 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.

(h) 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.

F. Records Management Language for Contracts

The following standard Items relate to records generated in executing the contract and should be included in a typical Electronic Information Systems (EIS) procurement contract:

1. Citations to pertinent laws, codes and regulations such as 44 U.S.C Chapter 21 , 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228.

2. Contractor shall treat all deliverables under the contract as the property of the U.S.

Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

3. Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government ‘IT’ equipment and/or Government records.

4. Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act.

5. Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.

6. The Government Agency owns the rights to all data/records produced as part of this contract.

7. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

8. Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.].

9. No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.

10. Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under or relating to this contract. The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.

G. VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE

1. GENERAL

Contractors and contractor 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. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

1. A contractor shall request logical (technical) or physical access to VA information and VA information systems for their employees and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order.

1. All contractors 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.

1. 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.

1. 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 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.

1. The contractor 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’s employ. The Contracting Officer must also be notified immediately by the contractor prior to an unfriendly termination.

1. VA INFORMATION CUSTODIAL LANGUAGE

1. Information made available to the contractor by VA for the performance or administration of this contract or information developed by the contractor 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’s rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1).

1. VA information should not be co-mingled, if possible, with any other data on the contractor’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 onsite inspections of contractor 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.

1. Prior to termination or completion of this contract, contractor 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 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 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 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 electronic storage media for restoration in case any electronic equipment or data used by the contractor 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 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.

1. The contractor 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.

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

1. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor 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 must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response.

1. Notwithstanding the provision above, the contractor 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 is in receipt of a court order or other requests for the above-mentioned information, that contractor shall immediately refer such court orders or other requests to the VA contracting officer for response.

1. 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 must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the COR.

1. SECURITY INCIDENT INVESTIGATION

1. The term “security incident” means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor shall immediately notify the COR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor has access.

1. To the extent known by the contractor, the contractor’s notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor considers relevant.

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

1. In instances of theft or break-in or other criminal activity, the contractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement. The contractor and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident.

1. LIQUIDATED DAMAGES FOR DATA BREACH

1. Consistent with the requirements of 38 U.S.C. §5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor processes or maintains under this contract.

1. The contractor shall provide notice to VA of a “security incident” as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination.

1. Each risk analysis shall address all relevant information concerning the data breach, including the following:

1. Nature of the event (loss, theft, unauthorized access);

1. Description of the event, including:

0. date of occurrence;

0. data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code;

0. Number of individuals affected or potentially affected;

0. Names of individuals or groups affected or potentially affected;

0. Ease of logical data access to the lost, stolen or improperly accessed data in light of the degree of protection for the data, e.g., unencrypted, plain text;

0. Amount of time the data has been out of VA control;

0. The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons);

0. Known misuses of data containing sensitive personal information, if any;

0. Assessment of the potential harm to the affected individuals;

1. Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; and

1. Whether credit protection services may assist record subjects in avoiding or mitigating the results of identity theft based on the sensitive personal information that may have been compromised.

1. Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the VA liquidated damages in the amount of $37.50 per affected individual…