36C24820Q0288-001.pdf
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- Attached to
- U006--Employee Assistance Program (EAP) Federal contract opportunity
- Solicitation number
- 36C24820Q0288
About this file
This document is a solicitation for Employee Assistance Program (EAP) services. The Department of Veterans Affairs is seeking these services to support its Miami Veterans Affairs Healthcare System Human Resources and Mental Health Services. The solicitation is set aside for Service-Disabled Veteran Owned Small Businesses and will be awarded on a competitive basis. Interested firms must be registered in SAM.gov. The solicitation includes EAP counseling services for up to four sessions per employee annually, annual on-site seminars, and on-site critical incident stress debriefings. The period of performance is one base year with four one-year options. Quotes are due by January 27, 2020. The selected contractor must comply with labor laws, security requirements, and performance standards outlined in the Performance Work Statement.
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PAGE 1 of 33 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
36C24820Q0288 01-22-2020
Ana Regina Vazquez ana.vazquez@va.gov
305-575-3155 01-27-2020 1pm est.
36C546 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) Miami VA Healthcare System 1201 NW 16th Street Miami FL 33125
X 100 x
Y
624190
$12 Million
N/A
X
See Delivery Schedule
36C248
Department of Veterans Affairs Network Contracting Office 8 (NCO 8) Miami VA Healthcare System
Financial Services Center Customer Service P.O. Box 149971 Austin TX 78714-9971
1-877-353-9791
Employee Assistance Program (EAP) Services
See Price/ Cost Schedule
Questions Due No Later than: 1/24/2020, 11:00am EST.
x X
X 1 mailto:ana.vazquez@va.gov
36C24820Q0288
Table of Contents
SECTION A
A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
SECTION B - CONTINUATION OF SF 1449 BLOCKS
B.1 CONTRACT ADMINISTRATION DATA
B.2 PRICE/COST SCHEDULE - ITEM INFORMATION
B.3 DELIVERY SCHEDULE
B.4 PERFORMANCE WORK STATEMENT
SECTION C - CONTRACT CLAUSES
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT
2018)
C.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
C.5 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED
SMALL SET-ASIDE (JUL 2019) (DEVIATION)
C.6 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND
COMPLIANCE (JUL 2018)(DEVIATION)
C.7 IT CONTRACT SECURITY
C.8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT
STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (OCT 2019)
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS
D.1 WAGE DETERMINATION
SECTION E - SOLICITATION PROVISIONS
E.1 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL
ITEMS
E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB
1998)
INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS
OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS
E.3 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)
E.4 52.216-1 TYPE OF CONTRACT (APR 1984)
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: Name:
Address:
Phone:
Duns#:
Tax ID#:
b. GOVERNMENT: Ana Regina Vazquez, Contracting Officer 36C248
Department of Veterans Affairs Network Contracting Office (NCO) 8 Miami VA Healthcare System
2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:
[X] 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or [] 52.232-36, Payment by Third Party
3. INVOICES: Invoices shall be submitted in arrears:
a. Quarterly []
b. Semi-Annually []
c. Other [X] Monthly Payment
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 Customer Service P.O. Box 149971 Austin TX 78714-9971
a. In order to comply with the Improper Payment Elimination and Recovery Act of 2012 (IPERA), the VA has mandated electronic invoice submission to the Veterans Affairs Financial Services Center (VAFSC). VAFSC has partnered with Tungsten Corporation e-Invoicing network, for submissions of all electronic invoices to VA. Tungsten Network electronic invoicing is free to all VA vendors. In order to submit electronic invoices, all VA vendors must register with Tungsten Network by submitting an email to Tungsten Network VA.Registration@tungsten-network.com or calling 1-877-752-0900 option 2 for Enrollment.
b. VA’s Electronic Invoice (e-Invoice) system uses a third-party contractor (Tungsten Network) for submission of electronic invoices. Go to this website to begin submitting electronic invoices, free of charge: http://www.tungsten-network.com/customer-campaigns/veteransaffairs-us/
For assistance setting up e-Invoice, the below information is provided:
Tungsten Network e-Invoice Registration: VA.Registration@tungsten-network.com Tungsten Network e-Invoice Setup Information: (877)752-0900 (Option 2 - Enrollment) mailto:VA.Registration@tungsten-network.com mailto:VA.Registration@tungsten-network.com mailto:ration@tungsten-network.com
Tungsten Network Customer Service: (877)489-6135 OB10 Portal to submit electronic invoices: VA.Registration@ob10.com VAFSC – for Invoice receipt or payment questions, call: (877)353-9791 or VAFSC Email: vafsccshd@va.gov
FACSIMILE, E-MAIL, AND SCANNED DOCUMENTS ARE NOT ACCEPTABLE FORMS OF
SUBMISSION FOR PAYMENT REQUESTS
ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
AMENDMENT NO DATE
CONTRACT ADMINISTRATION
The Contracting Officer is 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 is authorized to make commitment or issue changes that will 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 to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred thereof.
mailto:VA.Registration@ob10.com mailto:vafsccshd@va.gov
B.2 PRICE/COST SCHEDULE - ITEM INFORMATION
ITEM
NUMBER
DESCRIPTION OF
SUPPLIES/SERVICES QUANTITY UNIT
UNIT
PRICE AMOUNT
BASE YEAR
0001 Employee Assistance Program (EAP) Services 1 – 4 Sessions - with Work/Life Services for 3370 employees.
12.00 MO
0002 Annual On-site Seminar 1.00 EA
0003 On-site or in person Critical Incident Stress Debriefings.
20.00 EA
Sub-Total Option Base Year:
OPTION YEAR ONE (1)
1001 Employee Assistance Program (EAP) Services 1- 4 Sessions- with Work/Life Services for 3370 employees.
12.00 MO
1002 Annual On-site Seminar 1.00 EA 1003 On-site or in person Critical Incident
Stress Debriefings.
20.00 EA
Sub-Total Option Year One (1):
OPTION YEAR TWO (2)
2001 Employee Assistance Program (EAP) Services 1- 4 Sessions- with Work/Life Services for 3370 employees.
12.00 MO
2002 Annual On-site Seminar 1.00 EA 2003 On-site or in person Critical Incident
Stress Debriefings.
20.00 EA
Sub-Total Option Year Two (2):
OPTION YEAR THREE (3)
3001 Employee Assistance Program (EAP) Services 1- 4 Sessions- with Work/Life Services for 3370 employees.
12.00 MO
3002 Annual On-site Seminar 1.00 EA 3003 On-site or in person Critical Incident
Stress Debriefings.
20.00 EA
Sub-Total Option Year Three (3):
OPTION YEAR FOUR (4)
4001 Employee Assistance Program (EAP) Services 1- 4 Sessions- with Work/Life Services for 3370 employees.
12.00 MO
4002 Annual On-site Seminar 1.00 EA 4003 On-site or in person Critical Incident
Stress Debriefings.
20.00 EA
Sub-Total Option Year Four (4):
GRAND TOTAL BASE PLUS ALL OPTIONS
B.3 DELIVERY SCHEDULE
ITEM
NUMBER QUANTITY PERIOD OF PERFORMANCE
0001-0003 ALL Effective date through twelve (12) months 1001-1003 ALL Effective date through twelve (12) months 2001-2003 ALL Effective date through twelve (12) months 3001-3003 ALL Effective date through twelve (12) months 4001-4003 ALL Effective date through twelve (12) months
B.4 PERFORMANCE WORK STATEMENT
Employee Assistance Program (EAP) Services
1.0. Introduction.
1.1. The Government requires Employee Assistance Program (EAP) Services in support of the Miami Veterans Affairs Healthcare System Human Resources and Mental Health Services.
2.0. Description / Scope / Objective.
2.1The Contractor must provide all labor, equipment, tools, material, supervision and other items and services necessary to perform the work as defined in this Performance Work Statement.
3.0 Applicable Documents.
3.1. The following laws, regulations, policies, and procedures in effect on date of contract issuance and all subsequent changes or updates apply:
FAR Federal Acquisition Regulation VAAR Veterans Administration Acquisition Regulation VA Handbook VA Handbook 5019, Occupational Health VA Handbook VA Handbook 5383 VA Drug-Free Workplace Program Miami VA EAP Policy Healthcare System Policy Memorandums (HSPM) 05-44-16 Board of Clinical Social Work Licensed Clinical Social Worker
3.2. Glossary. Acronyms used in this PWS are listed below for easy reference:
COR Contracting Officer’s Representative FAR Federal Acquisition Regulation EAP Employee Assistance Program
4.0. Performance Requirements.
4.1. The Contractor shall provide high quality counseling and support assistance services to Government employees in such areas and/or issues as but not limited to: substance abuse, marital problems, domestic violence, financial issues, debtor-creditor problems, legal counseling, psychological counseling, parental/geriatric problems, balancing work and family life, stress management, and related matters. All work shall be performed in accordance with any and all Federal, State, Local, and Industry: laws, codes, standards, procedures, and/or any other legal doctrine or otherwise for the proper intended performance for EAP services. The primary objective is to provide services and deliverables through performance of employee counseling and assistance services that may be needed for Government employees.
4.2. The contractor shall independently provide support services to satisfy the overall operational objectives of the Government. The contractor shall provide up to four (4) counseling sessions per employee per fiscal year depending on the needs of the employee.
4.3. In certain situations, related to Safe Harbor, in which employees voluntarily admit to the use of illegal drugs, the contractor shall facilitate a counseling or rehabilitation program for the employee. The contractor will be expected to make referrals to appropriate treatment and rehabilitative facilities; and follow-up with individuals during the rehabilitation period to track their progress. The contractor shall follow up with Human Resources Management upon successful completion of the treatment plan to confirm that the employee has completed the program.
4.3.1 Safe Harbor Agreement- Employees shall be monitored by the contractor for the duration and until completion of a program which deems the employee capable of satisfying the needs of the Department of Veterans Affairs Drug Free workplace. The contractor shall notify the Government when an employee has completed the program.
4.4. The contractor shall provide counseling and assistance services of high professional quality to enable the employee to properly address through a plan of action the problem that confronts them.
4.5. The use of resources and referral to resources must be readily available to employees.
4.6. The contractor shall provide yearly onsite EAP training. The purpose of this annual training is to educate staff and supervisors on how to access the EAP program and to further educate on the confidentiality of the program.
4.7. The contractor shall provide any and all education materials such as promotional brochures, newsletters, and posters.
4.8. The contractor shall provide toll-free access twenty-four (24) hours a day, seven (7) days a week including any federal holidays for counseling and crisis intervention by master’s or doctoral clinicians/providers.
4.9. The contractor shall provide local in-person EAP assessments within seven (7) days, brief treatment (up to three [3] follow-up sessions, if indicated), and/or referrals for counseling for employee per issue, per year.
4.10 The contractor shall coordinate satisfaction surveys and reports follow-up with the Government (Human Resources Officer).
4.11. The contractor shall provide secure web (online) resources, information, and tools.
4.12. The contractor shall provide monthly utilization reports to the Government. All reporting criteria/information for issuance to the Government shall be coordinated with the Government.
4.13. The contractor shall provide management consultation and referral services. Upon request by the Government the contractor is responsible for consulting with managers/supervisors; and providing them with guidance in managing employees whose problems are affecting job performance. No personal information related to any employee shall be provided without the employee’s written consent and/or completion of all HIPAA related requirements.
4.14. Formal referrals to resources and oversight of progress for substance abuse, especially as it relates to VA Safe Harbor policies shall be adhered to.
5.0. Performance Location and Hours.
5.1. Counseling Services are to be provided at the contractor’s facility. At least one counseling facility must be located within twenty-five (25) miles of each of the following locations: Miami VA Medical Center and Community Based Outpatient Clinics, the Department of Veterans Affairs Miami Vet Center, Miami, FL, the Department of Veterans Affairs Ft. Lauderdale Vet Center, the Veterans Canteen Service, Miami, FL.
5.1.1 Estimated number of employees: (rounded up) 3200
Miami 2806 Hollywood 23 Deerfield 7 Homestead 31 Key Largo 5 Key West 14 Pembroke Pines
Broward 282
5.1.2. A total of eight (8) facilities. Locations of each facility noted below:
MVAHS - Bruce W. Carter
Medical Center 1201 NW 16th Street Miami, FL 33125 (888)-276-1785 (305)-575-7000
Broward County VA Outpatient Clinic 9800 West Commercial Boulevard Sunrise, FL 33351 (954)-475-5500 (888)-497-4647
Hollywood CBOC 3702 Washington Street Hollywood Medical Pavilion, Suite 201 Hollywood, FL 33021 (954)-986-1811
Pembroke Pines CBOC 7369 West Sheridan Street, Suite Hollywood, FL 33024 (954)-894-1668
Key Largo VA Community Outpatient Clinic 105662 Overseas Hwy.
Key Largo, FL 33037 305-451-0164 877-927-838
Key West Outpatient Clinic 1300 Douglas Circle Key West, FL 33040
(305) 293-4863
(305) 293-4610
Homestead CBOC 950 Krome Ave, suite 401 Homestead, FL 33030
(305) 248-0874
Deerfield Beach CBOB 2100 SW 10th Street Deerfield Beach, FL 33442
(954) 570-5572
5.1.3. Working spaces and all needed equipment shall be provided by the Contractor.
5.2. Regularly scheduled work shall be performed forty (40) hours per week during normal business hours, Monday-Friday, excluding Federal holidays. Toll-free access must be available twenty-four (24) hours a day, seven (7) days per week.
6.0. Deliverables.
6.1. Monthly utilization reports to the Government.
6.2. Satisfaction surveys and reports follow-up with the Government.
7.0. Key Personnel Replacement and Substitution.
7.1. Requests for approval of substitutions shall be in writing and shall provide a detailed explanation of the circumstances necessitating the proposed substitutions. The request shall contain a complete resume for the proposed substitute, and any other information requested or required by the Contracting Officer to approve or disapprove the request. Proposed substitutes shall have qualifications that are equal to or higher than the personnel being augmented. The Contracting Officer or his/her authorized representative shall evaluate such requests and promptly notify the Contractor in writing whether the proposed substitution is acceptable.
7.2. If the Contracting Officer determines that, (1) suitable and timely replacement of personnel who have been reassigned, terminated or have otherwise become unavailable for the contract work is not reasonably forthcoming, or (2) the resultant substitution would be so substantial as to impair the successful completion of the contract or the delivery order in accordance with the proposal accepted by the Government at time of contract award, the Contracting Officer may, (1) terminate the contract for default or for the convenience of the Government, as appropriate, or (2) at his discretion, if he finds the Contractor at fault for the condition, equitably adjust the contract price downward to compensate the Government for any resultant delay, loss or damage.
7.3. The Contractor shall replace any absent individual for any period greater than one work week (may be changed) so as to leave a full complement of trained qualified personnel at all times with no disruption of services.
8.0. Contractor Personnel and Management.
8.1. Contractor Personnel. The Contractor shall be responsible for employing technically qualified personnel to perform the work specified in this PWS. The Contractor shall maintain the personnel, organization and administrative control necessary to ensure that the work delivered meets the contract specifications and requirements.
8.2. Government Badges. Not required. VA Visitor badges will be used in conjunction with Contractor-supplied badges when on VA property.
8.3. Contractor Badges. As required by Contractor
8.4. All Contractor personnel attending meetings, answering Government telephones, and working in other situations where their Contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public or Congress that they are Government officials. They must also ensure that all documents or reports produced by Contractor personnel are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.
8.5. Safety/Security Requirements. The Contractor shall comply with all applicable federal, state and local laws and ensure performance is secure while protecting material, equipment, and supplies from damage and loss. Government security personnel shall have the express right to inspect for security violations at any time during the term of the contract. The C&A requirements do not apply; A Security Accreditation Package is not required.
8.6. All information generated in performance of this contract becomes property of the Government and must be surrendered upon request and/or completion of the contract. The Contractor must protect against the destruction and/or misplacement of all information produced under this contract, unless directed under local policy to destroy. This includes both hard and soft copies of data.
8.7. The Contractor shall not release any information (including photographs, files, public announcements, statements, denials, or confirmations) on any part of the subject matter of this contract or any phase of any program hereunder without the prior written approval of the COR.
8.7.1. Contractor’s patient’s records will be maintained in accordance with all applicable regulations.
8.8. Standards of conduct
8.8.1. Conduct of Personnel. Contractor personnel shall conduct themselves in a professional manner (i.e. timeliness, communication; spoken and written etc.). The Contracting Officer may require the Contractor to remove from the job site any employee working under this contract for reasons of suspected misconduct, a suspected security breach, or suspected to be under the influence of alcohol, drugs, or any other incapacitating agent. Contractor employees shall be subject to dismissal from the premises upon determination by the Contracting Officer that such action is necessary in the interests of the Government. The hospital director or designated representative has the authority to bar individuals from the Government facility. The removal from the job site or dismissal from the premises shall not relieve the Contractor of the requirement to provide sufficient personnel to perform the services as required by this performance work statement. The Government shall not reimburse the Contractor for travel and other expenses associated with the removal of personnel.
8.8.2. Contractor personnel are not authorized to carry or possess personal weapons to include, but not limited to, firearms and knives with a blade length in excess of three inches, while assigned under this contract.
8.8.3. Working Attire and Appearance. Contractor personnel shall present a professional appearance commensurate with standards delineated for Government civilian personnel acting in similar capacities.
8.8.4 The Government reserves the right to review Contractor personnel qualifications. Upon request, resumes shall be provided to the Contracting Officer prior to clearance approval, for review and acceptance by the COR. The intent is verification purpose and not for the Government to become the hiring authority.
9. TRAVEL: NOT APPLICABLE
10. NON-PERSONAL SERVICE STATEMENT
10.1. Contractor employees performing services under this order will be controlled, directed, and supervised at all times by management personnel of the contractor. Contractor management will ensure that employees properly comply with the performance work standards outlined in the PWS. Contractor employees will perform their duties independent of, and without the supervision of, any Government official. The tasks, duties, and responsibilities set forth in the contract may not be interpreted or implemented in any manner that results in any contractor employee creating or modifying Federal policy, obligating the appropriated funds of the United States Government, overseeing the work of Federal employees, providing direct personal services to any Federal employee, or otherwise violating the prohibitions set forth in Parts 7.5 and 37.1 of the Federal Acquisition Regulation (FAR). The Government will control access to the facility and will perform the inspection and acceptance of the completed work.
11. PERSONNEL QUALIFICATIONS
11.1. The Contractor shall be responsible for employing technically qualified personnel to perform the work specified in this PWS. The Contractor shall maintain the personnel, organization, and administrative control necessary to ensure that the work delivered meets the contract specifications and requirements.
The work history of each contractor employee must contain experience directly related to the task and functions he/she is intended to perform under this contract. The Government reserves the right, during the life of the resulting contract, to request work histories on any contractor employee for the purposes of verifying compliance with the above requirements; additionally, the Government reserves the right to review resumes of contractor personnel proposed to be assigned. Personnel assigned to, or utilized by, the Contractor in performance of work shall be fully capable of performing the requirements contained in the PWS in an efficient, reliable, and professional manner.
11.2. Specific Personnel Qualifications Requirements – Personnel assigned to or utilized by the contractor in the performance of this contract shall, as a minimum:
• Be licensed and or certified staff for the specialty area required by the inquiry. This includes but is not limited to: all applicable state and professional licenses for the specialty concerned.
• Master’s Degree and Florida License Council on Social Work Education (CSWE) for Social Worker and PhD for Psychologist
• Standardized credentialing processes, including maintenance of credentialing records to ensure providers are properly credentialed and privileged to provide necessary services. The credentialing process should verify the providers malpractice insurance and claims, verify possession of licensures/certifications, and any Medicare/Medicaid sanctions.
11.3. Be authorized to work in the United States.
12. PERFORMANCE REQUIREMENTS STANDARDS SUMMARY MATRIX
12.1. The Government designee shall be responsible for monitoring the Contractor's performance.
Performance deficiencies or poor performance identified during the term of the contract shall be documented by the Government and reported to the Contractor. Upon notification of deficiencies or poor performance, the Contractor shall be given 5 days’ time to take corrective action. If determined appropriate, the Contracting Officer and/or other VA staff members shall meet with representatives of the Contractor to review performance and resolve issues. All deficiencies or poor performance shall be documented and MUST be corrected within the timeframe specified by the Government. The Contractor shall notify the Contracting Officer when correction(s) have been made. If the appropriate correction is not made within the timeframe specified, the Government shall have the right to terminate the contract in it is entirety.
Nothing in this section is intended to modify or waive the government’s rights outlined in 52.212-4.
12.2 The QASP and its performance objectives are as follows:
PWS
Para. Performance Objective Performance
Standard
Acceptable Quality Level
Surveillance Method Compliance
4.4.
Counseling and assistance services of high professional quality to enable the employee to properly address through a plan of action the problem that confronts them.
Plan of action is properly addressed and accepted by the employee after consultation.
95% of the time.
Random inspection conducted by the COR and/or customer comment.
Below AQL, non-acceptance of services. A Contract Discrepancy Report (CDR), will be issued for performance 4.6 Yearly onsite EAP training.
EAP training coordinated with the Government.
98% of the time.
Training held annually and coordinated with the Government.
below the AQL. The Contractor will have five workdays to provide a response that includes an improvement strategy for addressing the issues. 30 days after issuing the CDR, the Contractor will be re-rated. If performance does not comply with PWS, the PCO will be notified, the performance record will be documented, and PCO may pursue contract action.
4.8
Toll-free access twenty-four (24) hours a day, seven (7) days a week including any federal holidays for counseling and crisis intervention by master’s or doctoral clinicians/providers.
Access twenty-four (24) hours a day seven (7) days a week.
99% of the time.
Random inspection conducted by the COR and/or customer comment.
4.9
EAP assessments within seven (7) days; referral counseling’s and brief treatments for employees within two
(2) days.
EAP assessments within seven
(7) days; referral counseling’s and brief treatments for employees within two (2) days.
98% of the time.
Random inspection conducted by the COR and/or customer comment.
4.13
Management consultation and referral services, consulting with managers/supervisors;
and providing them with guidance in managing employees whose problems are affecting job performance.
Coordination with Government managers/supervisors
99% of the time.
Random inspection conducted by the COR and/or customer comment.
6.0
All deliverables received.
Monthly utilization reports to the Government. Satisfaction surveys and reports follow-up with the Government.
99% of the time.
Deliverable received in a timely manner.
SECTION C - CONTRACT CLAUSES
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)
ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.
The following clauses are incorporated into 52.212-4 as an addendum to this contract:
CLAUSES INCORPORATED BY REFERENCE.
C.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/
FAR Number Title Date
52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR
PERSONNEL
JAN 2011
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018
52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE
MAINTENANCE
JUL 2016
52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL
ITEMS
OCT 2018
52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL
BUSINESS SUBCONTRACTORS
DEC 2013
52.237-3 CONTINUITY OF SERVICES JAN 1991
852.203-70 COMMERCIAL ADVERTISING MAY 2018
852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS NOV 2018
(End of Clause)
C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.
(End of Clause)
C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(End of Clause) http://www.va.gov/oal/library/vaar/
C.5 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED
SMALL SET-ASIDE (JUL 2019) (DEVIATION)
(a) Definition. For the Department of Veterans Affairs, “Service-disabled veteran-owned small business concern or SDVSOB”:
(1) Means a small business concern:
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans or eligible surviving spouses (see VAAR 802.101 Surviving Spouse definition);
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans (or eligible surviving spouses) or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran;
(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;
(iv) The business has been verified for ownership and control pursuant to 38 CFR 74 and is so listed in the Vendor Information Pages (VIP) database, (https://www.vip.vetbiz.gov); and
(v) The business will comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size and government contracting programs at 13 CFR part 121 and 125, including the nonmanufacturer rule and limitations on subcontracting requirements in 13 CFR
121.406 and 125.6, provided that any reference therein to a service-disabled veteran-owned small business concern (SDVO SBC), is to be construed to apply to a VA verified and VIP-listed SDVOSB.
The nonmanufacturer rule and the limitations on subcontracting apply to all SDVOSB and VOSB set-asides and sole source contracts.
(2) “Service-disabled veteran” means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
(b) General.
(1) Offers are solicited only from verified service-disabled veteran-owned small business concerns.
Offers received from concerns that are not verified service-disabled veteran-owned small business concerns shall not be considered.
(2) Any award resulting from this solicitation shall be made to a verified service-disabled veteran-owned small business concern.
(c) Representation. By submitting an offer, the prospective contractor represents that it is an eligible SDVOSB as defined in this clause, 38 CFR part 74, and VAAR subpart 819.70. Pursuant to 38 U.S.C.
8127(e), only VIP-listed SDVOSBs are considered eligible. Therefore, any reference in 13 CFR part 121 and 125 to a service-disabled veteran-owned small business concern (SDVO SBC), is to be construed to apply to a VA verified and VIP-listed SDVOSB and only such concern(s) qualify as similarly situated.
The Quoter shall also be eligible at the time of award.
(d) Agreement. When awarded a contract (see FAR 2.101, Definitions), including orders under multiple-award contracts, or a subcontract, an SDVOSB agrees that in the performance of the contract, the SDVOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size and government contracting programs at 13 CFR part 121 and 125, including the nonmanufacturer rule and limitations on subcontracting requirements in 13 CFR part 121.406 and 125.6, provided that for purposes of the limitations on subcontracting, only VIP-listed SDVOSBs shall be considered eligible and/or “similarly situated” (i.e., a firm that has the same small business program status as the prime contractor). An independent contractor shall be considered a subcontractor. An otherwise eligible firm further agrees to the following:
(1) Services. In the case of a contract for services (except construction), it will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs.
(2) Supplies or products.
(i) In the case of a contract for supplies or products (other than from a nonmanufacturer of such supplies), it will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs.
(ii) In the case of a contract for supplies from a nonmanufacturer, it will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) is granted.
(3) General construction. In the case of a contract for general construction, it will not pay more than 85% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs.
(4) Special trade contractors. In the case of a contract for special trade contractors, it will not pay more than 75% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs.
(5) Subcontracting. Any work that a VIP-listed SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, cost of materials is excluded and not considered to be subcontracted. For mixed contracts and additional limitations, refer to 13 CFR 125.6.
(e) Joint ventures. A joint venture may be considered an SDVOSB if the joint venture is listed in VIP and complies with the requirements in 13 CFR 125.18(b), provided that any reference therein to service-disabled veteran-owned small business concern or SDVO SBC, is to be construed to mean a VIP-listed SDVOSB. A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the aggregate of the joint venture participants.
(f) Precedence. For any inconsistencies between the requirements of the SBA program for service-disabled veteran-owned small business concerns and the VA Veterans First Contracting Program, as defined in VAAR subpart 819.70 and this clause, the VA Veterans First Contracting Program
(End of Clause)
C.6 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND
COMPLIANCE (JUL 2018)(DEVIATION)
(a) This solicitation includes FAR 52.219-10 Service-disabled veteran-owned and veteran-owned small business.
(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6. The Contractor is advised that in performing contract administration functions, the Contracting Officer 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.
(c) 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 Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.
(d) 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 Contracting Officer to assess the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.
C.7 IT CONTRACT SECURITY
VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY
1. GENERAL
Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.
2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS
a. A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order.
b. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.
c. Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness.
d. Custom software development and outsourced operations must be located in the U.S. to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the contractor/subcontractor must state where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S.
may be an evaluation factor.
e. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor's employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination.
3. VA INFORMATION CUSTODIAL LANGUAGE
a. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1).
b. VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor's information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA's information is returned to the VA or destroyed in accordance with VA's sanitization requirements. VA reserves the right to conduct onsite inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements.
c. Prior to termination or completion of this contract, contractor/ subcontractor must not destroy information received from VA, or gathered/ created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract.
d. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract.
e. The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed.
f. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12.
g. If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements.
Absent an agreement to use or disclose protected health information, there is no business associate relationship.
h. The contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated.
i. The contractor/subcontractor's firewall and Web services security controls, if applicable, shall meet or exceed VA's minimum requirements. VA Configuration Guidelines are available upon request.
j. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations:
(i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA's prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response.
k. Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above-mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response.
l. For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require C&A or an MOU-ISA for system interconnection, the contractor/subcontractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the COR.
4. INFORMATION SYSTEM DESIGN AND DEVELOPMENT
a. Information systems that are designed or developed for or on behalf of VA at non-VA facilities shall comply with all VA directives developed in accordance with FISMA, HIPAA, NIST, and related VA security and privacy control requirements for Federal information systems. This includes standards for the protection of electronic PHI, outlined in 45 C.F.R. Part 164, Subpart C, information and system security categorization level designations in accordance with FIPS 199 and FIPS 200 with implementation of all baseline security controls commensurate with the FIPS 199 system security categorization (reference Appendix D of VA Handbook 6500, VA Information Security Program).
During the development cycle a Privacy Impact Assessment (PIA) must be completed, provided to the COR, and approved by the VA Privacy Service in accordance with Directive 6507, VA Privacy Impact Assessment.
b. The contractor/subcontractor shall certify to the COR that applications are fully functional and operate correctly as intended on systems using the VA Federal Desktop Core Configuration (FDCC), and the common security configuration guidelines provided by NIST or the VA. This includes Internet Explorer 7 configured to operate on Windows XP and Vista (in Protected Mode on Vista) and future versions, as required.
c. The standard installation, operation, maintenance, updating, and patching of software shall not alter the configuration settings from the VA approved and FDCC configuration. Information technology staff must also use the Windows Installer Service for installation to the default "program files" directory and silently install and uninstall.
d. Applications designed for normal end users shall run in the standard user context without elevated system…
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