36C25519Q0082-002.docx

36C25519Q0082

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

589-19-1-5503-0003 36C25519Q0082 02-15 -2019 Bonds, Rachael 913-946-1990 03-11-2019 4:00pm 36C255 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway Leavenworth KS 66048 X x 561492 $15 Million X N/A X Columbia VAMC Harry S Truman 800 Hospital Drive Columbia MO 65201 36C255 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway Leavenworth KS 66048

36C255 Department of Veterans Affairs Financial Services Center http://www.fsc.va.gov/einvoice.asp Austin TX 877-353-9791 512-460-5429

STENOGRAPHY AND TRANSCRIPTION SERVICES- COLUMBIA VA

This is a request for Quotation (RFQ) to provide Court Reporting services for the Department of Veterans Affairs Columbia Mo Health Care System in Columbia Missouri according to the schedule of Services and Statement of work.

See Continuation Page 4 for the B.3 Schedule of Service and Prices See Page 45 Section D, Wage Determination WD 15-5079 Boon County MO See Pages 49 through 50 For E.2 Addendum to 52.212:

Instructions to offerors.

This solicitation is a 100% set-aside for SDVOSB/VOSB offerors shall be classified as a small business in the System for Award Management (SAM). and registered as a service disabled veteran owned small business in or Veteran owned small business in VIPS x x X William K Webb Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C255 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway

Leavenworth KS 66048

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

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

Department of Veterans Affairs Financial Services Center http://www.fsc.va.gov/einvoice.asp

Austin TX

B.2 PRICE/COST SCHEDULE

Base Year TBD

QTY

Unit Price Total Price

None

(Standard include delivery/ courier fee)

Not anticipated but may be needed Per page

not anticipated but may be needed Per page

Per page

Estimated Total Cost Base Year $______________________________________

Option Year 1 TBD

QTY

Unit Price Total Price

(Standard) (include delivery/ courier fee)

Per page

Per page

Per page

Option Year 2 TBD

QTY

Unit Price Total Price

(Standard include delivery/ courier fee)

Per page

Per page

Per page

Option Year 3 TBD

QTY

Unit Price Total Price

(Standard include delivery/ courier fee)

Per page

Per page

Per page

Option Year 4 TBD

QTY

Unit Price Total Price

(Standard) (include delivery/ courier fee)

Per page

Per page

Per page

B.2 STATEMENT OF WORK

1. General Provide court reporting services for an Administrative Board of Investigation (ABI) tentatively, Equal Employment Opportunity Hearings, and Oral Replies. Services provided to Harry S. Truman Memorial Veterans Hospital, room location to be determined, 800 Hospital Drive, Columbia, Missouri 65201.Qualification requirement: State certified court reporter.

2. Scope Contractor shall furnish the necessary personnel, materials, and services, and otherwise do all things necessary for and incidental to the verbatim reporting and transcription of proceedings conducted by or pursuant to orders of the Chairperson, ABI.

a) All reporting shall be by Computer Aided Transcription machine (CAT). The Contractor shall utilize a backup system.

b) If testimony must be retaken because of mechanical breakdown of the CAT, transcribing, or stenographic equipment, or as a result of negligence by the Contractor or any subcontractor, the Contractor shall provide the services necessary to retake the testimony, at no additional charge to the Department of Veterans Affairs or to any party to the litigation.

c) The Contractor agrees that the assigned reporter shall perform all work in a business-like manner and according to the best standards of the reporting profession; and the Contractor, at all times, shall provide promptly at the time, date, and place designated, as many competent reporters and stenographers and maintain such staff and equipment at such times as may be necessary for the prompt recording of proceedings and the furnishing of satisfactory transcripts which shall conform to the requirements of this contract.

d) To the maximum extent practical, when requested by the Chairperson, ABI, the Contractor shall assign the same reporter to a proceeding lasting more than one (1) day or, in the case of a lengthy proceeding, the same group or reporters. The Contractor agrees that the assigned reporter shall: (1) present himself or herself to the presiding official at least fifteen (15) minutes prior to the time and at the place of designated hearings, or in no case later than the time required to set up all required equipment and be able to begin verbatim reporting at the designated time; or, in the case of a telephonic investigation shall make telephone contact to the presiding official at least fifteen (15) minutes prior to the start time; (2) at all times be governed by the instructions of the presiding official in matters affecting the composition of the record, adjournment to other times or places, the hours of hearing, and matters of like character; (3) report everything

Page 1 of Page 1 of spoken while a hearing is in session unless the presiding official directs an off-the-record discussion; (4) not omit from the record any part of a proceeding for which notes have been taken as required, unless the presiding official so directs; (5) mark and number letter exhibits and arrange them in numerical or alphabetical order if directed to do so by the presiding official.

e.) The Contractor is required to assure either directly or through his/her subcontractors: (1) that each reporter is fully aware of the assigned work situation, including the occasional need for extending a hearing session beyond the normal work day; and (2) that each reporter is aware of the additional compensation available to him or her when such services are required and used.

f.) The Contractor shall furnish complete transcripts, which accurately reflect the full and complete verbatim record of the proceedings. When the presiding official determines that there are errors in the transcript, he/she may require the Contractor to correct the errors and furnish the corrected transcript within five (5) calendar days after receipt of notification and without additional cost to the Government for the same, regardless of the delivery time the original order specified.

g.) The Contractor shall furnish transcripts, which are legible. In the event the presiding official finds one or more copies of transcripts to be illegible, including copies sold to parties to the proceedings or the public, the Contractor shall correct and replace the same with acceptable copies within one (1) business day after receipt of notification from the presiding official and without additional cost for such replacement.

3. FORMAT REQUIREMENTS

a) Transcripts shall be prepared on 8 1/2" x 11" paper.

b) In the original and each copy of the transcript, the title page showing name, place and date of proceeding, appearances, location, etc., shall be preceded by a page or pages of distinctive color, indexing the witnesses and exhibits to the testimony. Each transcript shall include one complete cumulative index of witnesses and exhibits. The index shall indicate the page devoted to the testimony of each witness and shall identify the exhibits by number or letter (as marked) and show which party introduced each exhibit; give a brief description of the nature of the exhibit; and state the page on which the exhibit was marked for identification and the page on which the exhibit was admitted into evidence, or rejected or withdrawn.

c) Typing shall be nine (9) characters to the inch, double-spaced, and with twenty four (24) lines per page. Whenever testimony is continuous requiring more than one line, the typing shall begin as close as possible to the left ruled margin line, with words to be hyphenated properly when necessary. Numbers indicating each line of transcript on each page, i.e., 1 to 24, inclusive, shall be printed at the left margin line of the original transcript.

d.) Pagination of the transcript shall be in a single series of consecutive numbers regardless of the number of days of the proceeding. Pagination of the transcript of a continuation of the proceeding shall follow consecutively the paging of the previous session in the same proceeding unless otherwise directed by the presiding official. Page numbers are to be placed at the bottom center of each page.

e.) The transcripts for the ABI will be sent to the Chairperson, ABI. A CDROM of the transcript will also be sent to the Chairperson, ABI, when the ABI is complete.

f.) If hard copies of the transcripts are required then it will be prepared as stated above.

4. TYPE OF PROCEEDING

a) Proceedings shall be designated as confidential. When a proceeding or any portion thereof is designated confidential, the Contractor shall hold inviolate and in the strictest confidence any and all information which he /she may gain in the performance of his /her duties under this contract. The Contractor shall not divulge, sell, or distribute, any information gained at a confidential proceeding unless in writing by the presiding official.

5. OATHS AND NOTARY SERVICES

a) The Reporter shall be competent to administer oaths. Depositions shall be transcribed by a duly authorized notary. No separate fee is to be charged for notary services, administering oath, or affixing seal.

6. CONFLICT OF INTEREST

a) A conflict of interest is defined as the existence of financial or other relationship between the Contractor, including any of his/her employees, agents, subcontractors, or representatives, and a party to or an attorney involved or representatives, and a party to or an attorney involved in a proceeding to be transcribed under this contract. The Contractor shall promptly notify the presiding official whenever there is a potential or actual conflict of interest between the Contractor and such party or attorney. If a potential or actual conflict of interest is reported by the Contractor, the Contracting Officer reserves the right to have the transcript of that proceeding produced by another court reporter at no cost to the Contractor, notwithstanding any other provision of this contract. Should a new proceeding be required because a conflict of interest exists which the Contractor failed to bring to the attention of the presiding official, the Contractor shall bear the full cost of the new proceeding.

7. DELIVERY SCHEDULE /THIRD PARTY COPY

a) An original and three copies of all transcripts ordered, shall be delivered to the Chairperson, ABI. Mailing information will be provided at the hearing, with postage or other transportation charges fully prepaid by the Contractor as follows:

b) Whenever a hearing or deposition is continued, recessed, or adjourned for a period of five or more calendar days, that portion of the transcript of the hearing held prior to such continuance, recess, or adjournment shall be considered a complete hearing for the purpose of computing time for delivery of the transcript.

c) Requests for Services will be made either in writing or by telephone.

d) The Contractor will determine within a reasonable time, normally within 24 hours of the time the request for services was made, whether or not a reporter will be available. If this determination is not received, the Department of Veterans Affairs reserves the right to obtain the service from another source and to charge the Contractor with any excess cost which may result there from. The Department of Veterans Affairs will be the sole judge in determining when to order service from another source.

e) Regardless of whether the delivery ordered is regular or accelerated copies, if the contractor fails to deliver the transcript to the Government within the applicable period prescribed, a reduction in price will be made as liquidated damages. The amount to be paid for the transcript will be reduced by two percent (2%) of the price for the transcript, computed at the rates set forth in this contract, for each Government business day or fraction thereof that delivery is delayed beyond the time limit prescribed depending on which has been ordered by the presiding official, up to a total of fifty percent (50%) of the transcript price. Computation of price reductions shall commence on the day following the date on which transcripts were to be delivered to the Chief, Human Resources Management. Failure to furnish a reporting service or delinquency in the delivery of a transcript is a default, and subjects the Contractor to the default provision of this agreement.

8. GUARANTEED MINIMUM

The Contractor shall be paid a minimum of $100.00 per day for attending proceedings. This minimum fee will not be paid when transcripts ordered at the contract rates herein equal or exceed the above figure. In the event the Agency elects to dispense with the furnishing by the Contractor or transcripts of proceedings, the Government shall pay the $100.00 daily minimum for such day, or fraction thereof, of such proceedings. The guaranteed minimum of $100.00 will also apply, if after presenting himself/herself to the presiding official, or other person in charge, at the time and place of a scheduled proceeding, notice is given the reporter that the proceedings have been canceled or postponed to a subsequent date.

9. SPECIAL CONTRACT REQUIREMENTS

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

10. SERVICES

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

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

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

d) There is no employer-employee relationship between the VA and the contractor or the contractor’s employee(s).

11. QUALIFICATIONS

a) Personnel assigned by the contractor to perform the services covered by this contract shall have a full and unrestricted license in a State, Territory, or Commonwealth of the United States or the District of Columbia.

12. 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.

13. RECORD KEEPING

a.) The VA shall establish and maintain a record keeping system that will record the hours worked by the contractor’s employee(s). Contractor's employee(s) shall report to the Chief, Human Resources Management upon arrival at and departure from the VA. Monitoring of Contractor' 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.

14. KEY PERSONNEL AND TEMPORARY EMERGENCY SUBSTITUTIONS

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

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

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

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

15. HHS/OIG

a) To ensure that the individuals providing services under the contract have not engaged in fraud or abuse regarding Sections 1128 and 1128A 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 (NHS/01G), List of Excluded Individuals/Entities on the OIG Website (www.hhs.gov) for each person providing services under this contract. Further 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.

16. CONFIDENTIALITY OF PATIENT RECORDS

When VA is providing services involving patient records to non-Federal entities, the records maintained by VA in providing those services are subject to the Privacy Act, FOIA, and other VA specific laws regarding the confidentiality of patient records. The party to whom VA is providing the services will want to review those records in order to ensure that VA is providing quality care in accordance with the contract. In order for VA to be able to release those records the following language applies:

b) The Sharing Partner is a VA contractor and will assist in the provision of health care to patients seeking such care from or through VA. As such, the Sharing Partner is considered as being part of the Department health care activity. Sharing Partner is considered to be a VA contractor for purposes of the Privacy Act, Title 5 U.S.C. 552a. Further, for the purpose of VA records access and patient confidentiality, Sharing Partner is considered to be a VA contractor for the following provisions: Title 38 U.S.C. 5701, 5705, and 7362. Therefore, Sharing Partner may have access, as would other appropriate components of VA, to patient medical records including patient treatment records pertaining to drug and alcohol abuse, HIV, and sickle cell anemia, to the extent necessary to perform its contractual responsibilities. However, like other components of the Department, and not withstanding any other provisions of the sharing agreement, the Sharing Partner is restricted from making disclosures of VA records, or information contained in such records, to which it may have access, except to the extent that explicit disclosure authority from VA has been received. The Sharing Partner is subject to the same penalties and liabilities for unauthorized disclosures of such records as VA.

c) The records referred to above shall be and remain the property of VA and shall not be removed or transferred from VA except in accordance with U.S.C.551a (Privacy Act), 38 U.S.C. 5701 (Confidentiality of claimants’ records), 5 U.S.C. 552 (FOIA), 38 U.S.C. 5705 (Confidentiality of Medical Quality Assurance Records) 38 U.S.C. 7332 (Confidentiality of certain medical records) and federal laws, rules and regulations. Subject to applicable federal confidentiality or privacy laws, the Sharing Partner, or their designated representatives, and designated representatives of federal regulatory agencies having jurisdiction over sharing partner, may have access to VA 's records, at VA's place of business on request during normal business hours, to inspect and review and make copies of such records.

17. JOINT COMMISION ON ACCREDITIONA OF HEALTH CARE

ORGANIZATIONS (Non-Clinical)

a) Contractor will attend a pre-work orientation meeting prior to the commencement of work on site. The VA will schedule this meeting and it will include discussion of the following topic (VA will provide information to the contractor regarding these topics and will document the meeting):

· Fire and Safety

· Infection control

· Disaster procedures

b) The Contractor will be responsible to ensure that Contractor employees coming to the work site will receive the information required above.

c) The Contractor will be responsible to ensure Contractor employees providing work on this contract are fully trained and completely competent to perform the required work.

B.4 CONTRACT ADMINISTRATION

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

a) Contracting Officer’s Representative

(Pursuant to VAAR Provision 852.270-1, Representatives of Contracting Officer, the designated representative for this contract is will be determined at award.

b) Acronyms and Definitions CDR: Contract Discrepancy Report. Report issued by the Government to the contractor to document a supply or service found to be unacceptable during contract performance.

CLIN: Contract Line Item Number. Unit of work (or service) to be performed (or delivered) by the contractor as a pay item.

CO: Contracting Officer. A person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings.

COR: Contracting Officer’s Representative. An individual, including a Contracting Officer’s Representative (COR), designated and authorized in writing by the contracting officer to perform specific technical or administrative functions.

QA: Quality Assurance. Actions taken by the government to assure contracted services meet PWS requirements.

c) Non-Personal Services

(1) This is a non-personal services contract. Personnel rendering services under this contract are not subject either by the contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the government and its employees. The Government shall not exercise any supervision or control over the contract service s performing services herein. Such contract service s shall be accountable solely to the Contractor who, in turn, is responsible to the Government.

d) Contractor Compliance with the Immigration and Nationality Act of 1952

(1) The Contractor shall comply with any and all legal provisions contained in the Immigration and Nationality Act of 1952, As Amended; its related laws and regulations that are enforced by Homeland Security, Immigration and Customs Enforcement and the U.S Department of Labor as these may relate to non-immigrant foreign nationals working under contract or subcontract for the Contractor while providing services to Department of Veterans Affairs patient referrals.

e) Hours of Operations

(1) Business hours for the VAMC follow:

A) Administrative hours: Monday through Friday, 8:00 a.m. - 4:30 p.m.

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

New Year’s Day;

Martin Luther King’s Birthday;

Presidents Day;

Memorial Day;

Independence Day;

Labor Day;

Columbus Day;

Veterans Day;

Thanksgiving;

Christmas; and any other day specifically declared by the President of the United States to be a national holiday.

C) Off-Duty hours: Friday through Monday, 4:30 p.m. - 8:00 a.m.; Monday through Thursday, 4:30 pm – 8:00 am.

f). Quality Control

l) CONTRACT PERFORMANCE MONITORING. The COR may perform surveillance of services by any of the methods listed below:

a) Observing actual performance;

b) Inspecting the services to determine whether or not the performance meets the performance standards; and

c) Review of any other appropriate records.

(2) When unacceptable performance occurs, the COR shall inform the Contractor and the Contracting Officer. This will normally be in writing unless circumstances necessitate verbal communication. In any case the COR shall document the discussion and place it in the COR file. When the COR determines formal written communication is required, the COR shall prepare a Contract Discrepancy Report (CDR), and present it to the contractor program manager. The Contractor shall acknowledge receipt of the CDR in writing. The CDR will specify if the Contractor is required to prepare a corrective action plan to document how the Contractor shall correct the unacceptable performance and avoid a recurrence. The CDR will also state how long after receipt the Contractor has to present this corrective action plan to the COR. The Government shall review the Contractor corrective action plan to determine acceptability. Any CDRs may become a part of the supporting documentation for any contractual action deemed necessary by the Contracting Officer.

(3) Pursuant to VAAR Provision 852.270-1, Representatives of Contracting Officer representative(s); The Government shall periodically evaluate the Contractor performance by appointing a Contracting Officers Representative (COR) to monitor performance to ensure services are received. The Government representative(s) shall evaluate the Contractor performance through inspections of observations, inspection of services or any other form of documentation and all complaints from VA personnel. The Government may inspect as each task is completed or increase the number of quality assurance inspections if deemed appropriate because of repeated failures or because of repeated customer complaints. Likewise, the Government may decrease the number of quality assurance inspections if performance dictates. The Government Contracting Officer shall make final determination of the validity of customer complaint(s).

(4) If any of the services do not conform to contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by re-performance, the Government may -

(5) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements at no additional cost to the Government.

g) Contract Security

1. Records Management Statement 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.

2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

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

b. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.

c. Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness.

d. Custom software development and outsourced operations must be located in the U.S. to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the contractor/subcontractor must state where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor.

e. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor’s employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination.

3. VA INFORMATION CUSTODIAL LANGUAGE

a. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data

- General, FAR 52.227-14(d) (1).

b. VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor’s information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA’s information is returned to the VA or destroyed in accordance with VA’s sanitization requirements. VA reserves the right to conduct onsite inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements.

c. Prior to termination or completion of this contract, contractor/subcontractor must not destroy information received from VA, or gathered/created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract.

d. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract.

e. The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed

4. SECURITY INCIDENT INVESTIGATION

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

b. To the extent known by the contractor/subcontractor, the contractor/subcontractor’s notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor/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. The contractor, its employees, and its subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident.

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:

(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 VA 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 VA liquidated damages 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.

7. TRAINING

a. All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and its systems:

(1) Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, Appendix E relating to access to VA information and information systems;

(2) Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training;

(3) Successfully complete the appropriate VA privacy training and annually complete required privacy training; and

(4) Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system access [to be defined by the VA program official and provided to the contracting officer for inclusion in the solicitation document – e.g., any role-based information security training required in accordance with NIST Special Publication 800-16, Information Technology Security Training Requirements.]

b. The contractor shall provide to the contracting officer and/or the COTR 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.

c. 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.

1)Certification and Accreditation (C&A) requirements do not apply and a security package is not required.

8. Records Management

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

b) 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.

c) 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.

d) 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.

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

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

g) The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting…