36C25219Q0673-001.docx

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556-19-2-4023-0009 Third Party Billing Federal contract opportunity
Solicitation number
36C25219Q0673
Issued by
Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 12

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36C25219Q0673

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

36C25219Q0673 06-14-2019 McCullough, Travis 224-610-3621 06-21-2019

3:00 PM CST

36C252 Department of Veterans Affairs Great Lakes Acquisition Center (GLAC) Southern Tier 3001 Green Bay Rd.

North Chicago IL 60064-3048 X X 541219 $20.5 Million X N/A X 36C252 Captain James A. Lovell Federal Health Care Center Department of Veterans Affairs 3001 Green Bay Rd.

North Chicago Il 60064-3048 36C252 Department of Veterans Affairs Great Lakes Acquisition Center (GLAC) Southern Tier North Chicago IL 60064-3048

Department of Veterans Affairs Financial Services Center PO Box 149971 Austin TX 78714-9971 877-353-9791 512-460-5540 See CONTINUATION Page Third Party Billing at Captain James A. Lovell FHCC This solicitation is a 100% Small Business Set-Aside X X X Table of Contents

SECTION A1
A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS1
SECTION B - CONTINUATION OF SF 1449 BLOCKS3
B.1 CONTRACT ADMINISTRATION DATA3
B.2 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011)5
B.3 PRICE/COST SCHEDULE7
B.4 STATEMENT OF WORK10
SECTION C - CONTRACT CLAUSES24
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)24
C.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)29
C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)29
C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)30
C.5 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)30
C.6 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)30
C.7 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)31
C.8 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)32
C.9 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2019)32
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS40
SECTION E - SOLICITATION PROVISIONS52
E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (OCT 2018)52
E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)57
E.3 52.216-1 TYPE OF CONTRACT (APR 1984)57
E.4 52.233-2 SERVICE OF PROTEST (SEP 2006)58
E.5 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)58
E.6 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (OCT 2018)59

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

(continuation from Standard Form 1449)

1. All contract (or task order) administration matters will be handled by the following individuals:

a.CONTRACTOR________________________________________(Contractor’s Name)
ADDRESS________________________________________(Street)
________________________________________(City-State-Zip)
POINT OF CONTACT________________________________________(Name/Title)
PHONE NO.________________________________________
E-MAIL________________________________________
GSA CONTRACT NO.________________________________________
EXPIRATION DATE________________________________________
b. GOVERNMENT:Travis C. McCullough, Contract Specialist
Farrukh Daniel, Contracting Officer (CO)
Department of Veterans Affairs
Great Lakes Acquisition Center/Southern Tier
CAPT James A. Lovell Federal Health Care Center
3001 Green Bay Road
North Chicago, IL 60064-3048

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

a. 52.232-33, Payment by Electronic Funds Transfer System - System for Award Management (Jul. 2013)

3. INVOICES: Invoices shall be submitted in arrears electronically in accordance with:

a. 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012)

b. Upon Acceptance of Items or Monthly FACSIMILE, E-MAIL, AND SCANNED DOCUMENTS ARE NOT ACCEPTABLE FORMS OF SUBMISSION FOR PAYMENT REQUESTS

c.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/veterans-affairs-us/
d.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)

· Tungsten Network Customer Service: (877)489-6135

· VAFSC – for Invoice receipt or payment questions, call: (877)353-9791 or

· VAFSC Email: vafsccshd@va.gov

OFFERORS MUST COMPLETE AND RETURN ALL INFORMATION DESIGNATED HEREIN PRIOR TO THE TIME SPECIFIED IN BLOCK 8 OF SF 1449 IN ORDER TO BE CONSIDERED FOR AWARD.

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

AMENDMENT NODATE
N/A

ACQUISITION OF COMMERCIAL ITEMS:

This Request for Quote (RFQ) solicitation is issued under the authority FAR Part 12 Acquisition of Commercial Items & FAR Part 13 Simplified Acquisition Procedures. FAR Part 15 will not be used. The procedures in Part 12 used in conjunction with Part 13 allow the Government to procure services and supplies resembling those in the commercial marketplace and streamline the procurement process.

See FAR 52.212-2 Evaluation – Commercial Items, for a description of the factors in addition to price that the Orland Park Veteran’s Center will evaluate to decide to whom to award a Contract. A best value determination will be made using all factors. This means that Orland Park Veteran’s Center will not always award to the lowest price. Prospective contractors must furnish the information listed herein with their quotations to ensure they receive full consideration.

SECURITY & PRIVACY CONTROL:

The Authorization & Accreditation (A&A) requirements of VHA Handbook 6500.6 do not apply to this requirement, therefore, a Security Accreditation Package is not required. No A&A or MOU/ISA is required. Sensitive information exposure as part of this contract involves applicable security controls within the facility as part of the Lovell FHCC/VA Information Security.

If there are any questions related to privacy, please have a member of your staff, or yourself, contact the VA Privacy Service at (202)461-6309. If there are any questions related to the Information Security, please have a member of your staff contact the Office of Cyber Security at (304)262-7733.

SPECIAL NOTES:

Offers shall be submitted by e-Mail to the Contract Specialist at travis.mccullough@va.gov. A signed and dated SF1449 must be included along with all information requested herein, including pricing information, by the due date and time specified in Block 8. CAUTION - LATE Submissions, Modifications, and Withdrawals will not be considered, as per provision 52.212-1. Offers are subject to all terms and conditions of this solicitation.

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 CO on all matters pertaining to contract administration. Only the CO 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.

REQUIRED DOCUMENTATION: Contractor shall e-Mail a complete quote package with pricing information.

1. Solicitation document:

0. Contractor shall fill in the SF 1449 blocks 30a, 30b, and 30c.

0. Contractor shall fill in Contractor information, Pg. 3, 1(a).

0. Contractor shall fill in all unit and total costs under the PRICE/COST SCHEDULE on Pg. 4, and may submit separately a document/spreadsheet with line item costs filled in.

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

This solicitation includes VAAR 852.219-10 VA Notice of Total Service- Disabled Veteran-Owned Small Business Set-Aside. Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by VA to assist in assessing the contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to contractor's offices where the contractor's business records or other proprietary data are retained and to review such business records regarding the contractor's compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

B.3 PRICE/COST SCHEDULE

Base Year PERIOD OF PERFORMANCE: July 1, 2019 through June 30, 2020

Contract Line Item (CLIN)

DESCRIPTION

QUANTITY

UNIT

UNIT

PRICE

TOTAL

PRICE

Contractor shall perform service in accordance with the Statement of Work.

Job

TOTAL COST: $

Option Year 1 PERIOD OF PERFORMANCE: July 1, 2020 through June 30, 2021

UNIT

UNIT

PRICE

TOTAL COST: $

Option Year 2 PERIOD OF PERFORMANCE: July 1, 2021 through June 30, 2022

UNIT

UNIT

PRICE

TOTAL COST: $

Option Year 3 PERIOD OF PERFORMANCE: July 1, 2022 through June 30, 2023

UNIT

UNIT

PRICE

TOTAL COST: $

Option Year 4 PERIOD OF PERFORMANCE: July 1, 2023 through June 30, 2024

UNIT

UNIT

PRICE

TOTAL COST: $

B.4 STATEMENT OF WORK

Statement of Work

1. Scope Contractor shall provide one full time Billing Technician to work at the Federal Health Care Center (FHCC), North Chicago, Illinois. The tasks and workload shall be determined by the FHCC Chief of Accounting and include, but not be limited to: researching and processing 3rd party medical bills, investigating and troubleshooting issues in the billing process, gathering and verifying insurance information, rectifying and resubmitting rejection claims, and accurately preparing and reviewing reports.

2. Specific Tasks/Deliverables

a. The Billing Technician shall research and process at least 100 3rd party medical bills per day. A review will occur after all information has been entered into the FHCC Billing system for the day. A daily accuracy rate of at least 90% is expected. Ensure all billable claims are processed into the FHCC Billing system daily and sent to Insurance Companies for reimbursement.

b. The Billing Technician shall plan, coordinate, and carry out the necessary steps in fact finding and analysis of issues necessary to complete the assigned projects. This includes the collection of all Other Health Insurance (OHI) and verification of insurance information. Once information is verified OHI it is entered into insurance system for billing purposes.

c. The Billing Technician shall research and reprocess all rejected claims from insurance companies for proper reimbursement. Errors from rejected claims shall be corrected and re-submitted within one week of rejection notice.

d. The service provider uses judgment in choosing, interpreting, or adapting available guidelines to specific issues or subjects. The service provider analyzes the subject and current guidelines that apply to it and makes recommendations for changes.

e. The Billing Technician shall be responsible for preparing and verifying the below data and reports for submission to the FHCC Chief of Accounting. This data will be utilized for management decisions for FHCC Fiscal management, Metrics Compliance, Bureau of Medicine (BUMED), and Navy Medicine East (NME).

· Monthly FHCC 3rd Party Collections report - Total monthly billings, collections, write-offs, and new OHI discovered to include amounts, number, and percentages both current and Fiscal Year-To-Date (FYTD) cumulative.

· Accounts Receivable Aging - Technicians shall follow-up with insurance companies both orally and in writing for collection of billings and prepare accounts receivable aging reports monthly and/or as requested by Chief of Accounting.

· Voucher control – Calculate how much money was collected for the month and deposited into the bank.

· Electronic billing report – Shows how many claims went out electronically to the insurance company.

· Coast Guard billing reports - The billing technicians shall calculate and submit monthly USCG reimbursement amounts and track FYTD totals with USCG perspective payments.

3. Qualifications/Requirements

· United States Citizen

· Shall be proficient in written and spoken English

· Contractor’s assigned personnel must be computer literate

· Data entry skills – minimum of 40 wpm typing speed with accuracy

· Excellent customer service skills; internal and external

· Experience with computers and other office equipment

· Understanding of all cornerstone programs and services provided

· Uphold and preserve the confidentiality of clients to the highest degree

· All employees will read and comply with the personnel manual requirements

· Must have 2+ years functioning experience with ArmsPro Billing software

· Must have 2+ years functioning experience with CHCS DoD software

· Must have 2+ years functioning experience with VA and DoD billing requirements and collections

4. Characteristics/Capabilities

a. Characteristics:

1) Technical Competency – Billing and Collections Processing –Processes and issues bills of collection using the debt management system, processes deductions from employee's pay, records payments, negotiates repayment agreements, processes adjustments in an automated system, provides debtor employees with appropriate due process, and reconciles agency reports.

2) Oral Communication – Expresses information (e.g., ideas or facts) to individuals or groups effectively, taking into account the audience and nature of the information (e.g., technical, sensitive, controversial); makes clear and convincing oral presentations; listens to others; attends to nonverbal cues, and responds appropriately.

3) Problem Solving – Identifies and analyzes problems; weighs relevance and accuracy of information; generates and evaluates alternative solutions; makes recommendations.

b. Required functional capabilities and experience:

1) The Billing Technician must possess at least two (2) years of work experience with:

· Current Procedure Terminology, 4th Edition (CPT-4)

· International Statistical Classification of Diseases and Related Health Problems (ICD-9 or 10)

· National Drug Codes (NDC)

· Composite Health Care System (CHCS)

· Accounts Receivable Management System Provider Reimbursement Optimization (ARMS PRO)

2) Appropriate personal appearance.

3) Complete and comply with Agency’s orientation and training requirements.

4) Attend and participate in staff meetings and other meetings as deemed appropriate and necessary by your immediate supervisor.

5) Shall become familiar and comply with Agency’s standards and procedures.

6) Shall become familiar with Agency, programs, policies, and personnel.

5. Government-Furnished Equipment and Government-Furnished Information The Government shall provide access into the DoD Composite Health Care System (CHCS) and the ARMSPRO Third Party Billing System along with a workspace and all necessary supplies needed to perform the required services.

6. Place of Performance The FHCC Directorate for Resource Management, Fiscal Department, building 46 at the Captain James A. Lovell Federal Health Care Center (FHCC) located at 3001 Green Bay Road, North Chicago, IL 60064.

7. Work Hours

a. Hours of Operation. The Contractor’s employees shall provide eight hours of service from 7:00 am to 3:30 pm Monday through Friday with ½ hour unpaid lunch. In no instance shall a contractor be required to provide services in excess of 80 hours per 2-week period. The Government reserves the right to change the hours with 7 days written notice to the contractor.

b. Federal Holidays: The 10 holidays observed by the Federal Government are: New Year’s Day (January 1st), Martin Luther King’s Birthday (3rd Monday in January), Presidents’ Day (3rd Monday in February), Memorial Day (last Monday in May), Independence Day (July 4th), Labor Day (1st Monday in September), Columbus Day (2nd Monday in October), Veterans Day (November 11th), Thanksgiving Day (4th Thursday in November), Christmas Day (December 25th) and any other day specifically declared by the President of the United States to be a national holiday.

c. When one of the above designated legal holidays falls on a Sunday, the following Monday will be observed as a legal holiday. When a legal holiday falls on a Saturday, the preceding Friday is observed as a holiday by U. S. Government agencies.

8. Period of Performance Base Year: July 01, 2019 through June 30, 2020 Option Year One: July 01, 2020 through June 30, 2021 Option Year Two: July 01, 2021 through June 30, 2022 Option Year Three: July 01, 2022 through June 30, 2023 Option Year Four: July 01, 2023 through June 30, 2024

9. Personnel Policy

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

· Workers compensation

· Professional liability insurance

· Health examinations including: a. Annual TB Skin Test and recent (within the last year) chest X-ray if there is a history of positive TB skin test, b. Evidence of Hepatitis B immunity (hepatitis immune titer, if provider has had the series of shots; if no immunity, evidence that provider has started the Hepatitis B vaccination series.), c. Evidence of a Hepatitis C titer, d. Varicella titer if provider has not had chicken pox.

· Income tax withholding, and

· Social security payments.

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

10. Record Keeping

The FHCC shall establish and maintain a record keeping system that will record the hours worked by the contractor employee(s). Contractor's employee(s) shall report to Chief of Accounting (currently Jeffrey Ciotti) or designee upon arrival at and departure from the FHCC. Monitoring of contractor's employee's time shall be demonstrated through sign-in/sign-out sheets. After contract award, any incidents of contractor noncompliance as evidenced by the monitoring procedures shall be forwarded immediately to the Contracting Officer.

11. FHCC Monitoring/Record Keeping:

Contracting Officer's Representative will designate appropriate FHCC personnel to monitor Contractor employee work hours/services through one or a combination of the following mechanisms:

a. Departments being served will monitor Contractor employee work hours through time and attendance logs similar to FHCC staff positions, to ensure that services called for in the contract have been received by FHCC. The Contracting Officer's Representative (COR) will be responsible for verifying contract compliance. Any incidents of Contractor noncompliance as evidenced by the monitoring procedures will be forwarded immediately to the Contracting Officer.

b. Documentation of services performed will be reviewed prior to certifying payment. The COR will perform periodic spot checks and document with the using service to ensure records monitoring. FHCC will pay only for services actually performed at FHCC, and in strict accordance with the schedule of prices/costs shown in the Schedule of Items. Contract monitoring and recordkeeping procedures will be sufficient to ensure proper payment and allow audit verification that services were provided.

c. Monthly invoices are generated to FHCC Fiscal Service who forwards to Service's Administrative Assistant for review. The Administrative Assistant verifies services were actually performed against the schedule and logs. Only after verification are invoices certified for payment.

12. Designation of Contract Representative

A Contracting Officer’s Representative (COR) shall be designated in writing to represent the Contracting Officer in furnishing technical guidance and advice regarding the work being performed under this contract. The foregoing is not to be construed as authorization to interpret or furnish advice and information to the Contractor relative to the financial or legal aspects of the contract. Enforcement of these segments is vested in and is the responsibility of the Contracting Officer.

13. Key Personnel and Temporary Emergency Substitutions

The Contractor shall assign to this contract the following key personnel: 1 Billing Technician

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

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

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

14. HHS/OIG

To ensure that the individuals providing services under the contract have not engaged in fraud or abuse regarding Sections 1126 and 1126A of the Social Security Act regarding federal health care programs, the contractor is required to check the Health and Human Services - Office of Inspector General (HHS/OIG), List of Excluded Individuals/Entities on the OIG Website (www.hhs.gov/oig) for each person providing services under this contract. Furthermore, the Contractor is required to certify in its proposal that all persons listed in the contractor's proposal have been compared against the OIG list and are NOT listed. During the performance of this contract the Contractor is prohibited from using any individual or business listed on the List of Excluded Individuals/Entities.

15. Records Management

a. 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.

b. 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.

c. 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.

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

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

f. 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.

g. 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.].

h. 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.

i. 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.

16. Access to FHCC Information and FHCC Information Systems

a. A contractor/subcontractor shall request logical (technical) or physical access to FHCC 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 FHCC 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. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a FHCC system or with access to FHCC 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.

17. FHCC Contractor Personnel Security Requirements

a. Failure to comply with the contractor personnel security requirements may result in termination of the contract for default.

b. All contractor employees who require access to the Department of Veterans Affairs' OR Department of Defense computer systems at FHCC or have access to FHCC sensitive information shall be the subject of a background investigation. The FHCC obtains the Background Investigation through the Electronic Questionnaires for Investigations Process (e-QIP). Upon receiving a request for the investigation from the Contracting Officer, the contractor’s employee will be initiated into e-QIP for the Background Investigation followed by an e-mail with instructions to log into e-QIP. A contractor’s employee shall not commence working at the FHCC under contract until the Contracting Officer receives notification from the FHCC Office of Security and Law Enforcement that the contract employee’s application was received complete. A favorable adjudication from the FHCC Office of Security and Law Enforcement must be received in order for a contractor employee to continue contract performance. This requirement is applicable to all subcontractor personnel.

1. Position Sensitivity - The position sensitivity has been designated as Low Risk. The positions under this contract are designated as Non-Critical Sensitive (NCS).

2. Background Investigation - The level of background investigation commensurate with the required level of access at FHCC is Access National Agency Check with Written Inquiries (TIER 3-ANACI) using Standard Form 86.

18. Contractor Responsibilities

a. The contractor shall bear the expense of obtaining background investigations. If the Office of Personnel Management (OPM) conducts the investigation, the contractor shall reimburse the FHCC within 30 days. If timely payment is not made within 30 days from date of bill for collection, then the FHCC shall deduct the cost incurred from the contractors 1st month’s invoice(s) for services rendered.
b. It is imperative for the contractor to provide, at the request of the FHCC, a listing of contractor personnel performing services under the contract in order for the background investigation process to commence. This list will include name (first, middle, last) social security number; date of birth; city, state, and country of birth.
c. The contractor or their employees shall submit a complete background investigation packet through the Electronic Questionnaires for Investigations Process (e-QIP). Additional guidance and information will be provided through e-mail from the FHCC Office of Security and Law Enforcement.
d. The following required forms must be submitted through the e-QIP system to the FHCC Office of Security and Law Enforcement before contract performance begins:
(1) e-QIP Signature Pages (two) (print, sign, and submit)
(2) Optional Form 306, Declaration for Federal Employment
(3) Electronic Fingerprint Form (FD 258) or electronicfingerprints

Fingerprinting is required with the background investigation. Fingerprinting can be done at the local FHCC Facility. The Electronic Fingerprint Verification Form must be submitted with the above required forms.

e. The Contractor shall inform the contract employee that when filling out the application, that there should be no gaps in employment history. Any gaps in employment history may result in OPM rejecting the documentation for investigation and delay contract performance.
f. The contractor, when notified of an unfavorable determination by the Government, shall withdraw the employee from consideration from working under the contract, and at the request of the FHCC, submit another employee for consideration.
g. The contractor may utilize a private investigating agency if such agency possesses an OPM and Defense Security Service certification. A Cage Code number must be provided to the FHCC Office of Security and Law Enforcement. VA Office of Security and Law Enforcement will verify the information and advise the contracting officer whether contractor’s access to the computer systems can be authorized.
h. All contractor employees and subcontractors are required to complete VA’s Privacy training annually. All Contractor employees and subcontractors requiring access to VA computer network are required to complete Cyber Security training courses annually either on-line or hard copy. Documented proof must be provided to the Contracting Officer.
i. The contractor will notify the Contracting Officer’s Representative (COR) immediately when their employee(s) no longer require access to FHCC computer systems.

19. Government Responsibilities

a. The Contracting Officer will request the contractor employee’s background investigation by the Office of Security and Law Enforcement.
b. The Office of Security and Law Enforcement will notify the contractor with instructions for the contractor's employees, coordinate the background investigations, and notify the Contracting Officer and contractor of the results of the investigations.
c. The FHCC will pay for requested investigations in advance. A bill for collection will be sent to the contractor to reimburse the FHCC. The contractor will reimburse the FHCC within 30 days. If timely payment is not made within 30 days from date of bill for collection, then the FHCC shall deduct the cost incurred from the contractors 1st month’s invoice(s) for services rendered.

20. FHCC Information Custodial Language

a. Information made available to the contractor or subcontractor by FHCC 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 FHCC. 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. FHCC 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 FHCC 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 FHCC’s information is returned to the FHCC or destroyed in accordance with FHCC’s sanitization requirements. FHCC reserves the right to conduct on-site inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with FHCC directive requirements.
c. Prior to termination or completion of this contract, contractor/subcontractor must not destroy information received from the FHCC, or gathered/created by the contractor in the course of performing this contract without prior written approval by the FHCC. Any data destruction done on behalf of the FHCC 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 FHCC 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 FHCC information only in compliance with the terms of the contract and applicable Federal and FHCC information confidentiality and security laws, regulations and policies. If Federal or FHCC information confidentiality and security laws, regulations and policies become applicable to the FHCC 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 FHCC 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 the FHCC determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for the FHCC 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 FHCC contract is terminated for cause, any 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 FHCC sensitive information in an encrypted form, using FHCC-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 FHCC’s minimum requirements. FHCC Configuration Guidelines are available upon request.
j. Except for uses and disclosures of FHCC information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose FHCC information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with the FHCC’s prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, FHCC information and information systems to the FHCC 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 FHCC contracting officer for response.
l. For service that involves the storage, generating, transmitting, or exchanging of FHCC 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 COTR.

21. Liquidated Damages for Data Breach

a. 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 the FHCC for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract.
b. The contractor/subcontractor shall provide notice to the FHCC of a “security incident” as set forth in the Security Incident Investigation section above. Upon such notification, the FHCC must secure from a non-Department entity or the FHCC 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.
c. Each risk analysis shall address all relevant information concerning the data breach, including the following:
(1) Nature of the event (loss, theft, unauthorized access);
(2) Description of the event, including:
(a) date of occurrence;

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

(3) Number of individuals affected or potentially affected;
(4) Names of individuals or groups affected or potentially affected;

(5) 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;

(6) Amount of time the data has been out of FHCC control;

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

(8) Known misuses of data containing sensitive personal information, if any;
(9) Assessment of the potential harm to the affected individuals;

(10) Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; and

(11) 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.

d. Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the FHCC liquidated damages in the amount of $37.50 per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following:
(1) Notification;

(2) One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports;

(3) Data breach analysis;

(4) Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution;

(5) One year of identity theft insurance with $20,000.00 coverage at $0 deductible; and

(6) Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs.

22. Privacy and Security Training for FHCC Contractors Due to the increased emphasis on privacy and information security, the following special contract requirements are established and hereby made part of the contract entered into with the Department of Veterans Affairs for the CAPT James A Lovell Federal Health Care Center.

a. Privacy Training: Contractor and their sub-contractors assigned work under the task order are required to receive annual training on patient privacy as established by HIPAA statues. Training must meet VA, DOD, and the Department of Health and Human Services Standards for Privacy of Individually-identifiable health information. Contractor shall provide documented proof to the FHCC upon request that all employees assigned work and/or having access to Protected Health Information have received annual training. Information on fulfilling the training requirement as stated in this paragraph can be found at https://www.tms.va.gov/plateau/user/SelfRegistrationUserSelection.do.
b. Rules of Behavior for Automated Information Systems: Contractor personnel having access to FHCC Information Systems are required to read and sign a Rules of Behavior statement, which outline rules of behavior related to FHCC Automated Information Systems. The COR will provide the Rules of Behavior to the Contractor for the respective facility.
c. FHCC Information Security Awareness Training: Each contractor assigned work under the task order is required to receive and document completion of FHCC training on Information Security. The requirements for fulfilling this provision can be found at https://www.ees-learning.net. Contractor shall provide documented proof to the COR prior to access being granted, and yearly after that, for all contractor employees servicing a FHCC contract.
d. FHCC Information Assurance Awareness Training: Each contractor assigned work under the task order is required to receive and document completion of FHCC training on Information Assurance. The requirements for fulfilling this provision can be found at http://iase.disa.mil/eta/index.html#onlinetraining/
e. Contractor shall provide documented proof to the assigned COR prior to access being granted and yearly after that, for all contractor employees servicing a FHCC contract.
f. As FHCC routinely reviews and updates policies and procedures covering contractor computer access, security requirements may change during the term of this contact and new policies and procedures may be implemented unilaterally during the term of this contract.

23. Security Incident Investigation Involving FHCC

a. The term “security incident” means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA and/or DOD assets (herein referred to as FHCC), or sensitive information, or an action that breaches FHCC security procedures. The contractor/ subcontractor shall immediately notify the COR and simultaneously, the FHCC Information Security & Assurance Department (ISD) and designated 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/subcontractor has access.
b. To the extent known by the contractor/subcontractor, the contractor/subcontractor’s notice to VA and FHCC shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the FHCC information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant.
c. 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.
d. In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement and FHCC Protective Services Department. The contractor, its employees, and its subcontractors and their employees shall cooperate with VA, FHCC and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with VA and FHCC in any civil litigation to recover FHCC 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.

24. Confidentiality of Patient Records - FHCC The Contractor is a FHCC contractor and will assist in the provision of health care to patients seeking such care from or through FHCC. As such, the Contractor is considered as being part of the Department health care activity.

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