36C25221Q0448.docx

36C25221Q0448

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

537-21-3-5176-0026 36C25221Q0448 04-15-2021 Klug, Michelle 224-610-3248 04-30-2021 1500 local time

CDT

36C252 Department of Veterans Affairs Great Lakes Acquisition Center (GLAC) 3001 Green Bay Road North Chicago IL 60064 X X 561612 $22 Million N/A X Various Locations and Addresses for Lakeside, Auburn Gresham Chicago Heights

36C252 Department of Veterans Affairs Great Lakes Acquisition Center (GLAC) 3001 Green Bay Road North Chicago IL 60064

See CONTINUATION Page Security Guard Services for Auburn Gresham CBOC, Lakeside CBOC and Chicago Heights CBOC (Chicago Heights starting 7-1-2022 thru 7-31-2022) See CONTINUATION Page X Ashley Johnson B.1 CONTRACT ADMINISTRATION DATA (continuation from Standard Form 1449)

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:

1. CONTRACT ADMINISTRATION: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

CONTRACTOR NAME _____________________________________

ADDRESS ________________________________________________

CITY-STATE-ZIP __________________________________________

POINT OF CONTACT/TITLE ________________________________

DUNS NUMBER NO. ______________________________________

CONTRACTOR’S PAST PERFORMANCE POINT OF CONTACT

(IF DIFFERENT THAN ABOVE):

NAME: __________________________________________

EMAIL ADDRESS:_________________________________

b. GOVERNMENT: ASHLEY JOHNSON, CONTRACT OFFICER

MICHELLE KLUG, CONTRACT SPECIALIST

CONTRACTING OFFICE CODE: 36C252

MILWAUKEE WI 53214

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

a. FAR 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER – SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

3. INVOICES:

a. Invoices shall be submitted (monthly)in arrears in accordance with: 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

b. Payments shall be made in arrears upon receipt of a properly prepared invoice

c. The VA has mandated electronic invoice submission to the Veterans Affairs Financial Services Center (VAFSC). VAFSC has partnered with Tungsten Network 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 VA.Registration@Tungsten-Network.com or calling 1-877-752-0900 option 2 for Enrollment.

d. Contractor shall submit an electronic invoice by the tenth (10th) of the following month services were performed to the Veterans Affairs Financial Services Center (VAFSC) e-Invoice through the website at https://portal.Tungsten-Network.com/Login.aspx. For questions regarding the submission of VA electronic invoices, Tungsten Network customer service may be contacted at 1-877-489-6135.

e. All invoices shall reference the vendor name and address, customer name, contract number, appropriate obligation/funding order number, description of services provided, quantity, unit price, and total invoice amount (any additional info). Invoices shall also include any payment discount terms.

4. GOVERNMENT INVOICE ADDRESS (See SF1449 Block 18):

a. All invoices from the contractor shall be submitted electronically in accordance with 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

b. Facsimile, e-mail, and scanned documents are not acceptable forms of submission for payment requests.

c. VA’s Electronic Invoice Presentment and Payment System – The Veterans Affairs Financial Services Center (VAFSC) uses a third-party contractor, Tungsten Network e-Invoice, to transition vendors from paper to electronic invoice submission. Please go to this website: http://www.tungsten-network.com/customer-campaigns/veterans-affairs-us/ to begin submitting electronic invoices, free of charge.

d. As of July 1, 2020, the VA10091 form has been eliminated and the VAFSC is requiring our vendors to update and add their information in the Customer Engagement Portal (CEP) at https://www.cep.fsc.va.gov/. This is for new vendors being added to FMS only.

e. For assistance setting up e-Invoice, the below information is provided:

i. * Tungsten Network e-Invoice Setup Information: 1-877-489-6135

* Tungsten Network e-Invoice email: VA.Registration@Tungsten-Network.com

* FSC e-Invoice Contact Information: 1-877-353-9791

* FSC e-invoice email: vafsccshd@va.gov

5. ACQUISITION OF COMMERCIAL ITEMS:

This Request for Quote (RFQ) solicitation is issued under the authority of FAR Part 13.5 Simplified Procedures for Certain Commercial Items in which simplified acquisition procedures in FAR Part 13 will be used. FAR Part 14 and 15 will not be used. From this RFQ, the Government intends to award a firm fixed price contract where the contractor provides a price that is not subject to any adjustment on the basis of the contractor’s cost experience in performing the contract.

6. RFQ QUESTIONS:

In order to maintain integrity of this solicitation and subsequent award date, all offerors are advised that any question and answer requests must be submitted in a written form via e-mail to the Michelle.Klug2@va.gov no later than TUESDAY APRIL 27TH, AT NOON LOCAL TIME. Contracting will issue a consolidated response via solicitation amendment to https://beta.sam.gov Contract Opportunities within 2 business days to all parties

7. CONTRACTING OFFICER AUTHORITY:

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.

8. IDENTIFICATION, PARKING, SMOKING AND VA REGULATIONS:

a. It is the responsibility of the Contractor to park in the appropriate designated parking areas. Information on parking is available from the VA Police Section. The VA will not invalidate or make reimbursement for parking violations of the Contractor under any conditions.

b. All VA facilities are drug free.

c. All contractor personnel are required to adhere to all VA rules and regulations.

d. Smoking is prohibited on the entire campus, both inside and outside the VA Facility

e. Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court.

f. VHA DIRECTIVE 1192: This Veterans Health Administration (VHA) directive establishes policy and provides guidance for the prevention of seasonal influenza in VHA facilities through the vaccination or masking of health care personnel (HCP). AUTHORITY: Title 38 United States Code (U.S.C.) 7301(b), 7318(b). Contractor is responsible in ensuring that all aspects of this directive are implemented, including providing face masks and influenza vaccines for all employees working at a VA facility.

9. SECURITY & PRIVACY CONTROL:

Non-PIV Card:

Applies to unsupervised, logical and/or physical access for less than 6 months OR less than 180 aggregate days in a one-year period

Defined in VA Directive 0735 as: “Non-PIV Credential: A VA ID card containing a photograph issued to persons who do not require a PIV Credential but need unaccompanied, infrequent access to VA facilities or information systems for a period not to exceed six (6) months.”

All contractor employees are subject to the same level of investigation as VA employees who have access to VA Sensitive Information. The level of background investigation commensurate with the level of access needed to perform in accordance with the statement of work is: Special Agreement Check (SAC). This requirement is applicable to all subcontractor personnel requiring the same access.

A SAC is an automated records check conducted by the Federal Bureau of Investigation in collaboration with the Office of Personnel Management.

The current FY21 fees associated with background investigations: SAC is $18. This fee is the responsibility of the Contractor and will be billed accordingly.

A.2 PRICE/COST SCHEDULE

ITEM INFORMATION

BASE YEAR

(Please list hourly rate) $__________

POP 8-1-2021 THRU

7-31-2022 Lakeside CBOC

8.5 Hours/day M-F

Auburn Gresham CBOC 1.0 YR $

12.5 Hours/day M-F

*** SEE SOW FOR SPECIFIC TIME

INFORMATION AND EXCLUSIONS***

Contract Period: Base POP Begin: 08-01-2021 POP End: 07-31-2022

Base Period

POP 7-1-2022 THRU

7-31-2022 Chicago Heights CBOC 1.0 MO $

12.5 Hours/day M-F

*** SEE SOW FOR SPECIFIC TIME

INFORMATION AND EXCLUSIONS***

Contract Period: Base POP Begin: 07-01-2022 POP End: 07-31-2022

OPTION YEAR 1

POP 8-1-2022 THRU

7-31-2023 Lakeside CBOC

8.5 Hours/day M-F

Auburn Gresham CBOC

12.5 Hours/day M-F

Chicago Heights CBOC

12.5 Hours/day M-F

*** SEE SOW FOR SPECIFIC TIME

INFORMATION AND EXCLUSIONS***

Contract Period: Option 1 POP Begin: 08-01-2022 POP End: 07-31-2023

OPTION YEAR 2

POP 8-1-2023 THRU

7-31-2024 Lakeside CBOC

8.5 Hours/day M-F

Auburn Gresham CBOC

12.5 Hours/day M-F

Chicago Heights CBOC

12.5 Hours/day M-F

*** SEE SOW FOR SPECIFIC TIME

INFORMATION AND EXCLUSIONS***

Contract Period: Option 2 POP Begin: 08-01-2023 POP End: 07-31-2024

OPTION YEAR 3

POP 8-1-2024 THRU

7-31-2025 Lakeside CBOC

8.5 Hours/day M-F

Auburn Gresham CBOC

12.5 Hours/day M-F

Chicago Heights CBOC

12.5 Hours/day M-F

*** SEE SOW FOR SPECIFIC TIME

INFORMATION AND EXCLUSIONS***

Contract Period: Option 3 POP Begin: 08-01-2024 POP End: 07-31-2025

OPTION YEAR 4

POP 8-1-2025 THRU

7-31-2026 Lakeside CBOC

8.5 Hours/day M-F

Auburn Gresham CBOC

12.5 Hours/day M-F

Chicago Heights CBOC

12.5 Hours/day M-F

*** SEE SOW FOR SPECIFIC TIME

INFORMATION AND EXCLUSIONS***

Contract Period: Option 4 POP Begin: 08-01-2025 POP End: 07-31-2026

STATEMENT OF WORK

Lakeside, Auburn Gresham and Chicago Heights Guard Services

The purpose of this contract is to acquire uniformed and unarmed level II security guard services for the Department of Veterans Affairs Lakeside Community Based Outpatient Clinic (CBOC), 211 E. Ontario Street #1200, Chicago, IL. 60611, for the Department of Veterans Affairs Auburn Gresham Community Based Outpatient Clinic (CBOC), 7731 S. Halsted Street Chicago, IL. 60620, and for the Department of Veterans Affairs Chicago Heights Community Based Outpatient Clinic (CBOC), 211 Dixie Hwy, Chicago Heights, IL. 60411.

1.1 Auburn Gresham: Contractor shall pick up the Auburn Gresham facility keys from 820 S. Damen, Chicago, IL. 60612 daily, contractor shall furnish all transportation, management, supervision, personnel, equipment and supplies necessary to provide unarmed, uniformed must day to ensure the safety of the staff and Veterans. Officers must complete a walk thorough of the facility prior to departing at 4:30pm. Officers need respond to alarms and incidents on the property and contact VA Police, (312) 569-6505 to inform them of the incident and witnesses’ information. Officers also must contact the Chicago Police Department upon any imminent life or death situations that occurs. Officers also must complete an incident report in their own words of the incident. Officers will be required to maintain handcuffs.

1.2 Chicago Heights: Contractor shall pick up the Chicago Heights facility keys from the Adam Benjamin Jr. VA CBOC 9301 Madison St, Crown Point, IN 46307 daily, contractor shall furnish all transportation, management, supervision, personnel, equipment and supplies necessary to provide unarmed, uniformed guard services in accordance with all the terms and conditions defined herein. The facility keys must be picked up from Adam Benjamin Jr. VA CBOC 9301 Madison St, Crown Point, IN 46307 by 6:15 a.m. and the facility doors must be opened by 7 a.m., Monday-Friday, excluding holidays. Officers must turn off all alarms and complete a walk thorough prior to allowing employees in the facility. Officers must patrol numerous times thorough out the day to ensure the safety of the staff and Veterans. Officers must complete a walk thorough of the facility prior to departing at 5:30 p.m., the alarm needs to be activated and the facility keys needs to be brought back to Adam Benjamin Jr. VA CBOC immediately after closing and securing the facility. Also, officers must monitor the CCTV’s to be proactive in crime prevention. Officers need respond to alarms and incidents on the property and contact VA Police, (312) 569-6505 to inform them of the incident and witnesses’ information. Officers also must contact the Chicago Heights Police Department upon any imminent life or death situations that occurs. Officers also must complete an incident report in their own words of the incident. Officers must patrol the facility parking lot. Upon departing the facility at approximately 5:30 p.m. Contractor shall drop off the facility keys by 6:30 p.m. at Adam Benjamin Jr. VA CBOC 9301 Madison St, Crown Point, IN 46307.

B. COVERAGE

The Contractor shall provide Security Guard services to ensure coverage for the periods stated in the Price/Cost Schedule and as noted in this Statement of Work. In addition to the basic hours of coverage, the Contractor shall provide on-call security coverage as needed (including after hours, weekends and Federal Holidays) to respond to building alarms. Security Guards are not required to be at the facility outside of normal hours of coverage to monitor intrusion and fire alarm signals. These signals are transmitted over telephone lines to the alarm company (note, the alarm systems themselves are contracted for on a separate contract). In the event of a signal, the alarm company shall contact the assigned on-call Security Guard for this contract and that Security Guard shall respond to the building(s) to address alarms within 30 minutes of receiving notification from the alarm company. In addition to these on-call services, the Contractor shall be responsible for interface with the alarm company. This interface consists of daily alarm validation (during normal hours of coverage), troubleshooting the alarm system, and monthly alarm testing.

Auburn Gresham Security Guard Normal Hours of Coverage:

Number of Guards Period of Coverage

*Only one officer on duty at a time.

Federal Holidays observed by CBOC:

New Year’s Day Varies Martin Luther King’s Birthday Third Monday in January President’s Day Third Monday in February Memorial Day Last Monday in May Independence Day Varies Labor Day First Monday in September Columbus Day Second Monday in October Veterans Day November 11th Thanksgiving Day 4th Thursday in November Christmas Day Varies

2. When a Holiday falls on a Sunday, the following Monday shall be observed as a legal Holiday by U.S. Government Agencies. When a Holiday falls on a Saturday, the preceding Friday shall be observed as a legal Holiday.

Lakeside Security Guard Normal Hours of Coverage:

Number of Guards Period of Coverage

Federal Holidays observed by CBOC:

New Year’s Day Varies Martin Luther King’s Birthday Third Monday in January President’s Day Third Monday in February Memorial Day Last Monday in May Independence Day Varies Labor Day First Monday in September Columbus Day Second Monday in October Veterans Day November 11th Thanksgiving Day 4th Thursday in November Christmas Day Varies

2. When a Holiday falls on a Sunday, the following Monday shall be observed as a legal Holiday by U.S. Government Agencies. When a Holiday falls on a Saturday, the preceding Friday shall be observed as a legal Holiday.

Chicago Heights Security Guard Normal Hours of Coverage:

Number of Guards Period of Coverage

*Only one officer on duty at a time.

Federal Holidays observed by CBOC:

New Year’s Day Varies Martin Luther King’s Birthday Third Monday in January President’s Day Third Monday in February Memorial Day Last Monday in May Independence Day Varies Labor Day First Monday in September Columbus Day Second Monday in October Veterans Day November 11th Thanksgiving Day 4th Thursday in November Christmas Day Varies

2. When a Holiday falls on a Sunday, the following Monday shall be observed as a legal Holiday by U.S. Government Agencies. When a Holiday falls on a Saturday, the preceding Friday shall be observed as a legal Holiday.

C . General Guard Duties: Assignments for all locations shall include but are not limited to the following:

· Observation: Observe all personnel entering the facility/grounds when suspected of carrying weapons, showing hostility, or being unauthorized personnel (e.g., children unaccompanied by adults, or solicitors).

· Assistance: May be requested to assist assigned personnel with a patient that is incapacitated.

· Customer Service: Meet and deal with the general public in a manner that promotes a positive image of the JBVAMC. Maintain poise and self-control under stress. Although there will be cordial conversation with the visitors, such contacts shall be brief. Security guards shall not allow personal conversation or activity to interrupt patrol movement.

· Emergencies: In the case of an emergency condition the guard shall respond in accordance with the SOP, JBVAMC provided training and the Contractor’s provided training. Remaining calm and professional is the minimal expectation. If the security guard in response to an emergency is required to leave the post in order to comply with JBVAMC or Law Enforcement directives, the time away from the duty post shall not be considered as a failure of the Contractor to provide services.

· Inspections: Perform package inspection when required. Maintain written reports for the COR.

· Building/Grounds Surveillance: Conduct foot patrols in accordance with JBVAMC training and direction. Maintain an operations journal, documenting all security related activity.

· Law and order: Maintain law and order within the areas of assignment.

· Unauthorized access: Discover and detain (per Contractor policy in conjunction with VA policy) persons attempting to gain unauthorized access to the property.

· Hazardous conditions: Report daily, in accordance with the Standard Operating Procedures, potentially hazardous conditions and items in need of repair, including inoperative lights, leaky faucets, toilet stoppages, broken or slippery floor surfaces, etc.

· Civil disturbances: Perform other functions as necessary in the event or occurrence of civil disturbances or other criminal acts adversely affecting the security and safety of the Government, its employees, property and the general public lawfully on buildings or on the grounds of the Government.

· Injury or illness: Obtain professional assistance in accordance with procedures in the SOP in the event of injury or illness to Government employees or others while in the building or on the grounds.

D. QUALITY ASSURANCE:

Surveillance: The COR shall evaluate the services provided by the Contractor on an ongoing basis.

· Standard: The Contractor shall perform all work required under the terms of the SOW in a satisfactory manner. The COR shall not consider the work complete until all deficiencies have been corrected.

Procedures: When a deficiency per the requirements of the SOW exists, it shall be brought to the attention of the COR. The COR will confirm said deficiency by inspection and record results, noting the date and time of inspection of the deficiencies for correction. The Contractor shall be given 4 hours after notification to the correct the unacceptable performance.

E. QUALIFICATIONS:

1. The Contractor shall have relevant experience performing the services required of this Statement of Work.

2. Minimum Qualification Standards: Security guards employed by the Contractor shall meet the following minimum qualification standards:

1) Education/Experience: Possess a high school education or equivalency and have two (2) years experience demonstrating:

(a) The ability to meet and deal with the general public.

(b) The ability to read, understand and apply printed rules, detailed orders, instructions, and training material.

(c) The ability to maintain poise and self-control under stress.

(d) The ability to operate and monitor security alarm components on a computer monitor.

(e) The ability to construct and write clear, concise, accurate, and detailed reports.

2) Age: All Contractor employees performing under this contract shall be a minimum of 18 years of age and be qualified as required by local and state laws.

3) Training: All employees assigned to work under this contract shall have completed training equivalent to the State of Illinois training requirements prior to an assignment.

3. Health and Physical Fitness Requirements: All employees assigned by the Contractor to work under this contract shall:

a) Be capable of detaining person(s) while VA or Police are notified;

b) Possess binocular vision correctable to 20/30 (Snellen);

c) Be capable of hearing ordinary conversation at 15ft with either ear without benefit of a hearing aid;

d) Be physically able to perform all general duties, functions, and activities outlined in this SOW;

e) Have documented tuberculosis testing (TB) every two years. Shall have tested as TB-free prior to starting work on this contract;

f) Be in good general health without physical defects or abnormalities, which would interfere with the performance of these duties;

g) May be subject to urinalysis to screen for illegal drug use on a random basis.

4. Each employee shall be given a physical examination without no cost to the Government, and medical certification attesting to the results of this examination shall be furnished to the Contracting Officer or COR on Standard Form 78 at least five (5) days prior to assignment of the employee to duty.

5. In addition, all Contractor employees providing services specified under this contract shall undergo a psychological assessment without cost to the Government. This psychological assessment shall be carried out in accordance with accepted professional standards by a physician or licensed practitioner authorized to conduct such examinations. For detailed policy, see the Federal Personnel Manual, Chapter 330, Medical Qualification Determinations. Security guard duties include personal encounters with patients, visitors, and employees of the Government. Encounters are often with mentally ill, irrational or disturbed persons, who, although assaultive or destructive, shall be handled with understanding, full control of force, and unimpeded judgment. Any individual having any emotional or mental condition, which could cause the individual to be a hazard to others or self, (i.e. in stressful situations and/or during physical altercations), shall not be allowed to perform services provided under this contract.

F. CONTRACTOR EMPLOYEES: The parties agree that Contractor personnel working under this contract shall not be considered VA employees for any purpose and shall be considered employees of the Contractor. All Contractor personnel assigned to the performance of this contract shall wear a Contractor provided uniform and ID that clearly identifies the individual as a Contractor. All Contractor personnel are required to wear identification (I.D.) badges during the entire time they are on the VA grounds. I.D. badges must have picture identification, name of the individual, and the represented company depicted on it. Contractor personnel shall present a neat appearance and be easily recognized as Contractor employees. Example: wearing of distinctive clothing such as uniform, badges, patches, etc. Contractor personnel shall not wear sandals, flip-flop style footwear, or open-toe shoes and shall follow VA dress guidelines. The Contractor shall ensure that the staff assigned shall be cognizant of the VA’s sexual harassment and drug-free workplace policies. The Contractor may obtain a copy of this information from the COR or Contracting Officer.

G. CONTRACTING OFFICER REPRESENTATIVE (COR): The Contractor shall not accept any instructions issued by any other person(s) other than the Contracting Officer. The Government may appoint a COR. A Delegation of Authority letter shall be forwarded to the using service and the Contractor after the contract has been signed, identifying the individual(s) as the COR(s).

H. CHANGES: The Contractor is advised that only the Contracting Officer, acting within the scope of the contract has the authority to make changes which affect the contract in terms of quality, quantity, price or delivery. 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 shall be made in the contract price to cover any increase in costs incurred as a result thereof.

I. PERSONNEL REQUIREMENTS: The Government reserves the right to accept or reject Contractor’s staff for the rendering of services. Complaints concerning Contract Personnel performance or conduct shall be dealt with by the Contractor, and/or the COR with the final decision made by the Contracting Officer.

J. CONTRACTOR’S RESPONSIBILITIES: The Contractor shall maintain personal liability and property damage insurance prescribed by the laws of the Federal Government. He/she shall take all precautions necessary to protect persons and property from injury or damage during the performance of this contract. He/she shall be responsible for any injury to himself/herself, his/her employees, or others, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by him/her or his/her employees’ fault or negligence. Contractor shall comply with all VA safety standards, manufacturers/industry standards, FDA, OSHA, the Joint Commission and the latest edition of NFPA-99.

K. VA POLICY: Possession of weapons is prohibited. Violations of VA regulations may result in citations answerable in the United States (Federal) District Court issued by VA Police

L. INTERFERENCE TO NORMAL FUNCTION: The Contractor may be required to interrupt their work at any time so as not to interfere with the normal functioning of the facility, including utility services, fire protection systems, and passage of facility patients, personnel, equipment and carts. In the event of an emergency, Contractor services may be stopped and rescheduled at no additional cost to the Government. Contractor personnel shall inform the COR of the must gain access to secured areas. If access is required to secure areas, prearranged scheduling will be made with the COR or their designee.

M. SECURITY AND PRIVACY REQUIREMENTS

1. The Contractor must provide COR the following documents for each Contractor assigned to the project:

a. Current VA Privacy and Information Security Awareness Training with Rules of Behavior (currently VA 10176) certificate via the VA’s Talent Management System (TMS)

b. Contractor Rules of Behavior document – to be initialed on each page with signature and completion of last page.

c. The Contractor must report all security incidents to the VA Police. The term “security incident” means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. To the extent known by the contractor, the contractor shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised).

2. SECURITY TRAINING

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 with the Department of Veterans Affairs.

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 VHA’s and the Department of Health and Human Services Standards for Privacy of Individually identifiable health information. Contractor shall provide documented proof to the VA 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/learning/user/login.jsp. For Contractors and sub-contractors who do not have access to VHA computer systems, this requirement is met by receiving VHA National Privacy Training, other VHA approved privacy training or Contractor furnished training that meets the requirements of the HHS standards.

b. Rules of Behavior for Automated Information Systems: Contractor personnel having access to VA Information Systems are required to read and sign a Rules of Behavior statement, which outline rules of behavior related to VA Automated Information Systems. The COR will provide, through the facility ISO, the Rules of Behavior to the Contractor for the respective facility.

c. VA Information Security Awareness Training: Each Contractor assigned work under the task order is required to receive and document completion of VA training on Information Security. The requirements for fulfilling this provision can be found at https://www.eeslearning.

net. Contractor shall provide documented proof to the assigned VA Information Security Officer prior to access being granted, and yearly after that, for all Contractor employees servicing a VA contract.

d. The Contractor shall provide to the Contracting officer and/or the COR a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required. Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete.

As VA 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.

3. 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 is 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 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.

4. 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 Contractor/ subcontractor’s information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the Contractor must ensure that VA’s information is returned to the VA or destroyed in accordance with VA’s sanitization requirements. VA reserves the right to conduct on-site inspections of Contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are 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.

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

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

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

ii. Description of the event, including:

• date of occurrence;

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

iii. Number of individuals affected or potentially affected;

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

v. 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;

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

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

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

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

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

xi. 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 VA liquidated damages in the amount of $ 37.50 per affected individual to cover the cost of providing credit protection services to affected individuals.

6. RECORDS MANAGEMENT

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

7. BACKGROUND INVESTIGATIONS

All Contractor employees are subject to the same level of investigation as VA employees who have access to VA Sensitive Information. The level of background investigation that is commensurate with the level of access needed to complete the requirements of this Statement of Work. This requirement is applicable to all subcontractor personnel requiring the same access. The 2017 prices for NACI Investigations are currently $381.00 per investigation. The cost of investigation(s) for Contractor Employees is the sole responsibility of the Contractor.

Upon award, the Contracting Officer shall provide the Contractor with the Contractor Security Procedure Flowchart and Guide 6500.6 Appendix. The Contractor shall visit the VHA Service Center website to obtain the VHA Service Center (VSC) Security Request Packet, which contains all the forms that the Contractor must fill out. The Contractor shall provide these forms to the Contracting Officer when they are completed, and they shall be forwarded on for processing after fingerprinting has been completed. Afterward, the Contractor can contact the COR for assistance in scheduling an appointment for fingerprinting.

8. CONTRACTOR-FURNISHED PROPERTY AND SUPPLIES: The Contractor shall furnish and maintain in acceptable condition, at no cost to the Government, all items of uniform and equipment necessary to perform the services required herein, (and specified below), and additional items as needed, within reason.

a. Communication Equipment: The Contractor shall provide a method for immediate communications between the guard on duty and the Contractor’s Supervisor on duty. This can be by cell phone or radio system but must be provided by equipment furnished by the Contractor. This communication system shall be efficient and effective for the fulfillment of the contract.

b. Uniforms: Contractor personnel shall wear professional uniforms at all times while in the performance of his/her duties. The color of the Contractor’s guard force uniforms shall be a color in general use by large guard or police organizations. All employees performing under this contract shall wear the same color and style of uniform. Female members of the guard force shall wear appropriately styled uniforms.

Appropriately lettered breast and cap badges, indicating the jurisdiction from which authority is obtained, shall be worn as part of the uniform (providing such authority is grantable under state and local laws). Shoulder patches lettered to indicate the identity of the Contractor shall be worn on the left shoulder of the uniform jacket and shirt. Identification nametags shall be worn over the right breast shirt pocket at all times. No other identification of the Contractor or employee shall be worn or displayed on the uniform, with the exception of the VA Flash badge.

9. Place of Performance

a. Department of Veterans Affairs Lakeside Community Based Outpatient Clinic (CBOC), 211 E. Ontario Street #1200, Chicago, IL. 60611. POP: 8/1/2021 TO 7/31/2022

b. Department of Veterans Affairs Auburn Gresham Community Based Outpatient Clinic (CBOC), 7731 S. Halsted Street Chicago, IL. 60620. POP: 8/1/2021 TO 7/31/2022

c. Department of Veterans Affairs Chicago Heights Community Based Outpatient Clinic (CBOC), 211 Dixie Hwy, Chicago Heights, IL. 60411. POP: 7/1/2022 TO 7/31/2022

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its…