36C25523Q0018.pdf

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. UEI: EFT:

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. NOV 2021)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

36C25523Q0018 10-21-2022

Malec, Kelly 913-946-1169 10-26-2022

1300 CDT

36C255 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway

Leavenworth KS 66048

X 100

X

624190

$12 Million

N/A

See Delivery Schedule

36C255

Department of Veterans Affairs Network Contracting Office (NCO) 15

36C255

Financial Services Center http://www.fsc.va.gov/einvoice.asp

Austin TX

877-353-9791 512-460-5429

See CONTINUATION Page

Employee Assistance Program Services for the VA Medical Centers and associated community-based outpatient facilities in Wichita, Kansas City, Leavenworth, and Topeka per the enclosed B.3 Performance Work Statement (PWS).

The contract is for a Base Year and (4) Option Years, to be exercised at the discretion of the government.

This is a total SDVOSB set-aside

Evaluation Criteria: Lowest Price Technically Acceptable

(LPTA)

See CONTINUATION Page

X 1

Bruce Kidder Contracting Officer

36C25523Q0018

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST/DELIVERY SCHEDULE

B.3 PERFORMANCE WORK STATEMENT (PWS)

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (NOV 2021)

C.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ...27

C.5 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.6 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.7 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2022)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 WAGE DETERMINATIONS INCORPORATED BY REFERENCE

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2021)

E.2 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.3 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.4 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2022) (JUL 2020)

(DEVIATION)

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

Network Contracting Office (NCO) 15

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

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or

[X] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Upon Delivery, Installation, and Acceptance

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

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

AMENDMENT NO DATE

B.2 PRICE/COST/DELIVERY SCHEDULE

The quantities listed below are Estimates Only. The Government is not obligated to any specified amount of services but shall be obligated to provide payment for all services requested in accordance with the resulting contract. This is a firm, fixed price contract with a base year of performance and four option years. The exercise of option years is at the discretion of the Government, depending on need.

Base Year- November 1, 2022 – October 31, 2023

Wichita, KS

VAMC

Employee Assistance Services for employees of the Wichita VAMC in accordance with Statement of Work

CLIN Description Quantity Unit of Measure

Unit Prices

Total Amount

0001 EAP Counseling Services 200 Hours

0002 EAP Services On-Site Training 15 Hours

0003 Promotional Materials 1 Set

Total for EAP Services to Wichita VAMC for Base Year: 11/01/2022 – 10/31/2023 $

Kansas City, MO.

VAMC

Employee Assistance Services for employees of the Kansas City VAMC in accordance with Statement of Work

0004 EAP Counseling Services 276 Hours

0005 EAP Services On-Site

0006 Promotional Materials 1 Set

Total for EAP Services to Kansas City VAMC for Base Year: 11/01/2022 – 10/31/2023 $

EKHCS Employee Assistance Services for employees of the Leavenworth and Topeka VAMC in accordance with Statement of Work

0007 EAP Counseling Services 300 Hours

0008 EAP Services On-Site

0009 Promotional Materials 1 Set

Total for EAP Services to EKHCS for Base Year: 11/01/2022 – 10/31/2023 $

Option Year 1: November 1, 2023 – October 31, 2024

Wichita, KS

VAMC

Employee Assistance Services for employees of the Wichita VAMC in accordance with Statement of Work

1001 EAP Counseling Services 200 Hours

1002 EAP Services On-Site

1003 Promotional Materials 1 Set

Total for EAP Services to Wichita VAMC for Base Year: 11/01/2023 – 10/31/2024 $

Kansas City, MO.

VAMC

Employee Assistance Services for employees of the Kansas City VAMC in accordance with Statement of Work

1004 EAP Counseling Services 276 Hours

1005 EAP Services On-Site

1006 Promotional Materials 1 Set

Total for EAP Services to Kansas City VAMC for Base Year: 11/01/2023 – 10/31/2024 $ accordance with Statement of Work

1007 EAP Counseling Services 300 Hours

1008 EAP Services On-Site

1009 Promotional Materials 1 Set

Total for EAP Services to EKHCS for Base Year: 11/01/2023 – 10/31/2024 $

Option Year 2: November 1, 2024 – October 31, 2025

VAMC

Employee Assistance Services for employees of the Wichita VAMC in accordance with Statement of Work

2001 EAP Counseling Services 200 Hours

2002 EAP Services On-Site

2003 Promotional Materials 1 Set

Total for EAP Services to Wichita VAMC for Base Year: 11/01/2024 – 10/31/2025 $

Kansas City, MO.

VAMC

Employee Assistance Services for employees of the Kansas City VAMC in accordance with Statement of Work

2003 EAP Counseling Services 276 Hours

2004 EAP Services On-Site

2005 Promotional Materials 1 Set

Total for EAP Services to Kansas City VAMC for Base Year: 11/01/2024 – 10/31/2025 $ accordance with Statement of Work

2007 EAP Counseling Services 300 Hours

2008 EAP Services On-Site

2009 Promotional Materials 1 Set

Total for EAP Services to EKHCS for Base Year: 11/01/2024 – 10/31/2025 $

Option Year 3- November 1, 2025 – October 31, 2026

Wichita, KS

VAMC

Employee Assistance Services for employees of the Wichita VAMC in accordance with Statement of Work

CLIN Description Quantity Unit of Measure Unit Prices Total Amount

3001 EAP Counseling Services 200 Hours

3002 EAP Services On-Site Training 15 Hours

3003 Promotional Materials 1 Set

Total for EAP Services to Wichita VAMC for Option Year 3: 11/01/2025 – 10/31/2026 $

Kansas City, MO.

VAMC

Employee Assistance Services for employees of the Kansas City VAMC in accordance with Statement of Work.

CLIN Description Quantity Unit of Measure Unit Prices Total Amount

3004 EAP Counseling Services 276 Hours

3005 EAP Services On-Site

3006 Promotional Materials 1 Set

Total for EAP Services to Kansas City VAMC for Option Year 3: 11/01/2025 – 10/31/2026 $

EKHCS Employee Assistance Services for employees of the Leavenworth and Topeka VAMC in accordance with Statement of Work

3007 EAP Counseling Services 300 Hours

3008 EAP Services On-Site

3009 Promotional Materials 1 Set

Total for EAP Services to EKHCS for Base Year: 11/01/2025 – 10/31/2026 $

Option Year 4 - November 1, 2026 – October 31, 2027

VAMC

Employee Assistance Services for employees of the Wichita VAMC and VBA Regional Office in accordance with Statement of Work in the contract.

CLIN Description Quantity Unit of

4001 EAP Counseling Services 200 Hours

4002 EAP Services On-Site

4003 Promotional Materials 1 Set

Total for EAP Services to Wichita VAMC for Option Year 4: 11/01/2026 – 10/31/2027 $

Kansas City, MO.

VAMC

Employee Assistance Services for employees of the Kansas City VAMC in accordance with Statement of Work

CLIN Description Quantity Unit of

4004 EAP Counseling Services 276 Hours

4005 EAP Services On-Site

4006 Promotional Materials 1 Set

Total for EAP Services to Kansas City VAMC for Option Year 4: 11/01/2026 – 10/31/2027 $ accordance with Statement of Work

4007 EAP Counseling Services 300 Hours

4008 EAP Services On-Site

4009 Promotional Materials 1 Set

Total for EAP Services to EKHCS for Base Year: 11/01/2026 – 10/31/2027 $

Grand Total for BASE with Four Option Years _________________________________

B.3 PERFORMANCE WORK STATEMENT (PWS)

DESCRIPTION OF SERVICES: The Contractor shall provide all personnel, equipment, materials, supervision, and any other items and services necessary to perform Employee Assistance Program (EAP) Services as defined within this Performance Work Statement (PWS) at the following VA facilities:

Employee Assistance Program

Contractor shall furnish employee assistance services to employees of the following VA Facilities:

Kansas City VA Medical Center, 4801 E Linwood Blvd, Kansas City, MO 64128 (816) 922-2048 and community-based outpatient clinics (CBOCs)

Excelsior Springs CBOC, 197 McCleary Rd, Excelsior Springs, MO 64024 (816) 922-2970 Nevada CBOC, 322 S. Prewitt, Nevada, MO 64772 (417) 448-8905 Cameron CBOC, 1111 Euclid Dr., Cameron, MO 64429 (816) 922-2500 x 54251 Belton CBOC, 209 Cunningham Parkway, Belton, MO 64012 Phone: 816-922-2161 Paola CBOC, 510 S. Hospital Dr., Paola, KS 66071 (816) 922-2160 Warrensburg CBOC, 702 East Young Street, Warrensburg, MO 64093 (816) 922-2500 Johnson County Radiation Oncology, 10500 Mastin St. Overland Park, KS 66212 Phone: 816-922-2750 Honor Annex 4251 Northern Ave, Kansas City, MO 64133 Phone: 816-861-4700 Mobile Medical Unit, 4801 Linwood Blvd, Kansas City, MO 64128 Phone: 816-861-4700

Robert J. Dole VA Medical Center, 5500 E. Kellogg, Wichita, KS 67218 (316) 685-2221 and CBOCs:

Fort Dodge CBOC, 2201 Summerlon Circle, Dodge City, KS 67801 (888) 878-6881 x 41040 Hays CBOC, 207-B E. 7th, Hays, KS 67601 (888) 878-6881 x 41000 Hutchinson CBOC, 1625 E. 30th Ave, Hutchinson, KS 67502 (888) 878-6881 x 41100 Liberal CBOC, 2 Rock Island Rd, Suite 200, Liberal, KS 67901 (888) 878-6881 x 57400 Parsons CBOC. 1907 Harding Dr, Parsons, KS 67357 (888) 878-6881 x 41060 Salina CBOC, 1410 E. Iron, Suite 1, Salina, KS 67401 (888) 878-6881 x 41020

VA Eastern Kansas Health Care System, Colmery-O’Neil VAMC, 2200 SW Gage Blvd., Topeka, KS 66614

(785) 350-3111 and Dwight D. Eisenhower VAMC, 4101 S. 4th St., Leavenworth, KS 66048 (913) 682-2000 and CBOCs:

Chanute CBOC, Neosho Memorial Medical Center, 629 S. Plummer, Suite D, Chanute, KS 66720 (785) 350- Fort Scott CBOC, 902 Horton St., Fort Scott, Kansas 66701 (785) 350-4750 Garnett CBOC, 421 South Maple, Garnett, KS 66032 (785) 350-4750 Lawrence CBOC, 4821 Quail Crest Place, Lawrence, KS 66049 (785) 350-4650 Junction City CBOC, 1169 Southwind Drive, Junction City, KS 66441 (785) 350-4670 Kansas City CBOC, 9201 Parallel Parkway, Kansas City, KS 66112 (800) 952-8387 Ext 56990 St. Joseph CBOC, 3302 South Belt Highway, Suite P, St. Joseph, MO 64503 (913) 758-6925

Platte City CBOC, 2303 Higgins Road Suite F, Platte City, MO 64079 (913) 758-6980

NOTE: Additional facilities may be added to contract when additional requirements are needed by modification of contract. Vendor shall provide quote at fair & reasonable pricing at same or similar pricing as awarded contract to COR & Contracting Officer.

Requirements

1. The Employee Counseling Service program (ECSP) is being offered upon the premise that Department of Veterans Affairs (VA) employees are our most important resource. It is a means of promoting and maintaining the well-being of VA employees. It is a method for the VA to join employees in remedying personal, family, or other problems that may jeopardize the quality of their work, personal, or home life.

The Contractor shall comply with all local, county, state, and federal, commercial industry standards as described in this PWS. The Contractor is expected to use innovative solutions to effectively accomplish PWS requirements in a timely manner in a way that fosters pride and ownership in the services provided.

The EAP is being offered upon the premise that Department of Veterans Affairs (VA) employees are our most important resource. It is a means of promoting and maintaining the well-being of VA employees. It is a method for the VA to join employees in remedying personal, family, or other problems that may jeopardize the quality of their work, personal, or home life.

2. Professional counseling services shall be provided to eligible persons of the Robert J. Dole Veterans Affairs Medical Center (VAMC) and CBOCs above and VA Medical Center, Kansas City, MO. (hereinafter referred to as Kansas City VA) and CBOC above list. The Contractor agrees to provide diagnostic and referral services to all eligible persons. Diagnostic and referral services, in most cases, shall be accomplished in one or two sessions, but shall not exceed three sessions for diagnostic and referral services per eligible person per incident. The Contractor shall agree to provide diagnostic and referral services for an unlimited number of incidents per eligible person per year. Definitions are:

a. Eligible Person: Defined as employees of the VA. Dependents and family members are considered as eligible person if they meet the dependency and familial relationships as recognized by the Internal Revenue Service (IRS).

b. Diagnostic Services: Defined as problem identification and assessment. Problems are defined as treatable medical and psychological problems such as family, marital, chemical dependency, alcohol abuse, financial, mental, and other emotional problems, which may affect the health and work performance of an employee.

Assessment is defined as determination of treatment needs, motivational counseling, and offering the employee a selection of treatment resources available in the community.

c. Referral Services: Defined as referring the employee to competent and reliable community resources for follow-up care using standard referral procedures.

d. Location of services: Counseling services shall be provided off-site at the contracted clinician’s premises or via telephone, at the employee’s preference.

The delegated Contracting Officer Representative (CORs will be designated once contract awarded). Employee preference will dictate where the counseling will be conducted. The service locations should provide employee anonymity and is subject to the approval of the COR.

When an employee or a member of his/her family seeks assistance from the VA Employee Health Physician/Nurse Practitioner or directly with the Contractor, the Contractor’s mental health professional shall:

a. Help clarify the problem and provide a better understanding of its dimensions.

b. Provide short term counseling, when practical and appropriate, or help motivate the employee to seek other help;

c. Recommend and/or facilitate referral to a resource in the community referral. These recommendations shall be developed within the financial means of the employees.

When VA Management or Supervisory personnel are concerned about the employee’s job performance, and the usual and customary efforts to resolve the work problem have proven unproductive, the Contractor’s mental health professional may be called upon by the employee’s supervisor to consult about:

a. Developing additional understanding and assessment of the problem;

b. Examining alternative ways of resolving or managing the problem;

c. Exploring avenues that might encourage the employee to voluntarily seek the Contractor’s assistance;

d. Employee’s job performance difficulties that do not respond to customary supervisory processes and if “job jeopardy” exists, VA may recommend the employee seek Contractor assistance to help prevent job termination.

The counseling service shall be designed to be available to all employees and to members of their families.

Accessibility, availability, and visibility, coupled with trust and confidence that the VA supports this program and will respect the confidentiality of the service, are crucial elements to the success of this program.

1. RECORDS, REPORTS, & DELIVERABLES:

1.1. The Contractor agrees to provide consultation with the COR on a quarterly basis to monitor any administrative and/or procedural difficulties and to evaluate the EAP. The Contractor further agrees to establish and maintain an evaluation system to include information on contract activities, supervisory and employee orientation, education/prevention programs, and employee utilization of the program. The Contractor shall submit an annual program evaluation and quarterly program utilization report to the COR. These written reports shall be provided to the COR detailing:

a. Phone calls received;

b. Whether or not those communications were emergency or non-emergency;

c. Contractor response;

d. The number of counseling sessions provided;

e. Number and types of problems counseled;

f. Locations of the counseling;

g. Source of referral to the program;

h. Disposition.

The report shall be sanitized so that no personal information is revealed to protect the privacy of the patient. A quarterly report shall be submitted to the Contracting Officer’s Representative detailing all calls received, when they were received, emergency or non-emergency and contractor response. The report shall be sanitized so that no personal information is revealed to protect the privacy of the patient.

1.2. The Contractor shall provide upon request, at the VAMC’s, employee education programs to orient employees using the EAP, maximum visibility of the EAP, promote preventive and educational topics that raise employee awareness, and provide materials (such as cards, brochures, flyers, poster, films, etc.) that will assist in explanation of the program.

1.3. The Contractor’s mental health professional shall provide an evaluation form and an envelope, addressed to the Contractor, to each counseled employee and/or family member. Completed evaluation forms will be returned to the Contractor. Alternatively, a telephone survey may be conducted. These evaluations will provide feedback about the program to the VA and the Contractor. The employee’s satisfaction with the counseling service and results will be compiled by the Contractor and shared with the COR in a quarterly report.

1.4. The Contractor shall provide annual orientation to VA supervisory personnel regarding proper utilization of the EAP. A minimum of the following shall be provided each year.

a. A one-hour presentation to an estimated 60 employees (supervisors and administrative personnel) to educate them about the psychological impact upon Health Care System’s staff, patient’s assaults, abuse, etc.

b. Administrative training of the supervisors in the use of the EAP.

1.5. The Contractor shall submit monthly invoices via OB10/IPPS to the VA Financial Services Center.

Invoices shall notate the number of employee(s) being invoiced that are:

a. VA employee(s);

b. Regional Office Center employee(s).

No names shall be identified/listed.

2. GENERAL:

2.1. Contract Management: The Contractor shall identify in writing to the CO, a primary and alternate Contract Manager who has the authority to act on all contractual matters relating to daily operations.

2.2. Contractor Personnel: All Contractor personnel must be able to read, write, speak and understand English fluently. Contractor personnel shall present a neat appearance, appropriate to the type of work being accomplished and be easily identified as Contractor employees. The Contractor shall not employ persons for work on this contract who have been identified to the Contractor by the CO as a potential threat to the health, safety, security, general wellbeing or operational mission of the facility and its population. The service provider shall not employ any person who is an employee of the Government.

2.3. Hours of Operation: The Contractor shall schedule appointments and provide diagnostic and referral services Monday through Friday from 9:00 am to 9:00 pm and Saturday 9:00 am to 5:00 pm. Routine appointments shall be provided within three (3) working days of referral. The Contractor shall provide crisis accessibility, including weekends and holidays with a 24-hour telephone answering service using a toll-free phone number. Emergencies shall be seen by a counselor within 24 hours. The holidays are listed below:

New Year’s Day 1 January Martin Luther King Jr. Day 3rd Monday in January President’s Day 3rd Monday in February Memorial Day Last Monday in May Independence Day 4 July Labor Day 1st Monday in September Columbus Day 2nd Monday in October Veteran’s Day 11 November Thanksgiving Day 4th Thursday in November Christmas Day 25 December

2.4. Response Time: Routine appointments shall be provided within three (3) working days of referral. The Contractor shall provide crisis accessibility, including weekends and holidays with a 24-hour telephone answering service using a toll-free phone number. Emergencies shall be seen by a counselor within 24 hours.

2.5. Experience: The Contractor’s staff shall have an MBA prepared Social Worker and/or Ph.D. prepared Psychologist, as well as credentials and previous experience in a wide range of personal problems such as alcohol and drug counseling, marital and family related issues, and experience/expertise in resolving workplace problems and delivery of employee assistance and related managed care services. All staff shall meet licensing requirements of state and profession.

2.6. Insurance: Before commencing work under this contract, the Contractor shall furnish to the CO, a certificate of insurance indicating the coverage outlined and containing an endorsement to the effect that cancellation, of or any material change in the policies which adversely affect the interests of the Government in such insurance shall not be effective unless a 30-day advance written notice of cancellation of change is furnished the CO.

2.7. Safeguarding Information: No information shall be provided to any person or persons, agency or agencies, in or out of the Federal Government which might identify an employee or a member of his/her family without a voluntarily signed release of information by the employee or his/her legally authorized family member (or legal guardian if a minor) specifying to whom, and for what reason, the information is to be released. The Contractor shall establish a confidential record-keeping system which is in compliance with Federal standards and with requirements relating to the confidential nature of patients’ records in accordance with Section 333, Public Law 91-616 (as amended by Public Law 92-282), Section 406 of Public Law 92-255, and Federal regulations of the Special Action Office for Drug Abuse Prevention (21 CFR 1401). The Contractor shall ensure that no VA employee is assigned for diagnostic referral or follow-up care to any VA affiliated person.

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. The Contractor/subcontractor shall immediately notify the COR of any known or suspected security/privacy incidents or any unauthorized disclosure of employee sensitive information. The COR will notify the VA Information Security Officer and Privacy Officer of the incident within one (1) business day after becoming aware of the incident.

2.8 PROPRIETARY INFORMATION STATEMENT: Data collected from VA employees is the intellectual property of the ROBERT J. DOLE VAMC and may not be used by the contractor for any purpose.

2.9 SECURITY REQUIREMENTS:

a. Data is secure and not mixed with data from other company.

b. Data will only be available to employees of ROBERT J. DOLE VAMC on a privilege basis.

c. Backup systems to store data and the data will be purged upon notification by the ROBERT J. DOLE

VAMC administrator.

d. FedRAMP Compliant.

e. VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE FOR

INCLUSION INTO CONTRACTS, AS APPROPRIATE

d. GENERAL Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.

2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

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

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

c. Contract personnel who require access to national security programs must have a valid security clearance.

National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S.

defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness.

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

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

3. VA INFORMATION CUSTODIAL LANGUAGE

a. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor’s rights to use data as described in Rights in Data – General, FAR 52.227-14(d) (1).

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

g. If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship.

h. The contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated.

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

j. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA’s prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response.

k. Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above-mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response. For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require C&A or an MOU-ISA for system interconnection, the contractor/subcontractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the COR.

4. INFORMATION SYSTEM DESIGN AND DEVELOPMENT

a. Information systems that are designed or developed for or on behalf of VA at non-VA facilities shall comply with all VA directives developed in accordance with FISMA, HIPAA, NIST, and related VA security and privacy control requirements for Federal information systems. This includes standards for the protection of electronic PHI, outlined in 45 C.F.R. Part 164, Subpart C, information and system security categorization level designations in accordance with FIPS 199 and FIPS 200 with implementation of all baseline security controls commensurate with the FIPS 199 system security categorization (reference Appendix D of VA Handbook 6500, VA Information Security Program).

During the development cycle a Privacy Impact Assessment (PIA) must be completed, provided to the COTR, and approved by the VA Privacy Service in accordance with Directive 6507, VA Privacy Impact Assessment.

b. The contractor/subcontractor shall certify to the COTR that applications are fully functional and operate correctly as intended on systems using the VA Federal Desktop Core Configuration (FDCC), and the common security configuration guidelines provided by NIST or the VA. This includes Internet Explorer 7 configured to operate on Windows XP and Vista (in Protected Mode on Vista) and future versions, as required.

c. The standard installation, operation, maintenance, updating, and patching of software shall not alter the configuration settings from the VA approved and FDCC configuration. Information technology staff must also use the Windows Installer Service for installation to the default “program files” directory and silently install and uninstall.

d. Applications designed for normal end users shall run in the standard user context without elevated system administration privileges.

e. The security controls must be designed, developed, approved by VA, and implemented in accordance with the provisions of VA security system development life cycle as outlined in NIST Special Publication 800-37, Guide for Applying the Risk Management Framework to Federal Information Systems, VA Handbook 6500, Information Security Program and VA Handbook 6500.5, Incorporating Security and Privacy in System Development Lifecycle.

f. The contractor/subcontractor is required to design, develop, or operate a System of Records Notice (SOR) on individuals to accomplish an agency function subject to the Privacy Act of 1974, (as amended), Public Law 93- 579, December 31, 1974 (5 U.S.C. 552a) and applicable agency regulations. Violation of the Privacy Act may involve the imposition of criminal and civil penalties.

g. The contractor/subcontractor agrees to:

(1) Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies:

(a) The Systems of Records (SOR); and

(b) The design, development, or operation work that the contractor/subcontractor is to perform;

(2) Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the redesign, development, or operation of a SOR on individuals that is subject to the Privacy Act; and

(3) Include this Privacy Act clause, including this subparagraph (3), in all subcontracts awarded under this contract which requires the design, development, or operation of such a SOR.

h. In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a SOR on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a SOR on individuals to accomplish an agency function. For purposes of the Act, when the contract is for the operation of a SOR on individuals to accomplish an agency function, the contractor/subcontractor is considered to be an employee of the agency.

(1) “Operation of a System of Records” means performance of any of the activities associated with maintaining the SOR, including the collection, use, maintenance, and dissemination of records.

(2) “Record” means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history and contains the person’s name, or identifying number, symbol, or any other identifying particular assigned to the individual, such as a fingerprint or voiceprint, or a photograph.

(3) “System of Records” means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual.

i. The vendor shall ensure the security of all procured or developed systems and technologies, including their subcomponents (hereinafter referred to as “Systems”), throughout the life of this contract and any extension, warranty, or maintenance periods. This includes, but is not limited to workarounds, patches, hotfixes, upgrades, and any physical components (hereafter referred to as Security Fixes) which may be necessary to fix all security vulnerabilities published or known to the vendor anywhere in the Systems, including Operating Systems and firmware. The vendor shall ensure that Security Fixes shall not negatively impact the Systems.

j. The vendor shall notify VA within 24 hours of the discovery or disclosure of successful exploits of the vulnerability which can compromise the security of the Systems (including the confidentiality or integrity of its data and operations, or the availability of the system). Such issues shall be remediated as quickly as is practical, but in no event longer than ____ days.

k. When the Security Fixes involve installing third party patches (such as Microsoft OS patches or Adobe Acrobat), the vendor will provide written notice to the VA that the patch has been validated as not affecting the Systems within 10 working days. When the vendor is responsible for operations or maintenance of the Systems, they shall apply the Security Fixes within ____ days.

l. All other vulnerabilities shall be remediated as specified in this paragraph in a timely manner based on risk, but within 60 days of discovery or disclosure. Exceptions to this paragraph (e.g. for the convenience of VA) shall only be granted with approval of the contracting officer and the VA Assistant Secretary for Office of Information and Technology.

5. INFORMATION SYSTEM HOSTING, OPERATION, MAINTENANCE, OR USE

a. For information systems that are hosted, operated, maintained, or used on behalf of VA at non-VA facilities, contractors/subcontractors are fully responsible and accountable for ensuring compliance with all HIPAA, Privacy Act, FISMA, NIST, FIPS, and VA security and privacy directives and handbooks. This includes conducting compliant risk assessments, routine vulnerability scanning, system patching and change management procedures, and the completion of an acceptable contingency plan for each system. The contractor’s security control procedures must be equivalent, to those procedures used to secure VA systems. A Privacy Impact Assessment (PIA) must also be provided to the COTR and approved by VA Privacy Service prior to operational approval. All external Internet connections to VA’s network involving VA information must be reviewed and approved by VA prior to implementation.

b. Adequate security controls for collecting, processing, transmitting, and storing of Personally Identifiable Information (PII), as determined by the VA Privacy Service, must be in place, tested, and approved by VA prior to hosting, operation, maintenance, or use of the information system, or systems by or on behalf of VA. These security controls are to be assessed and stated within the PIA and if these controls are determined not to be in place, or inadequate, a Plan of Action and Milestones (POA&M) must be submitted and approved prior to the collection of

PII.

c. Outsourcing (contractor facility, contractor equipment or contractor staff) of systems or network operations, telecommunications services, or other managed services requires certification and accreditation (authorization) (C&A) of the contractor’s systems in accordance with VA Handbook 6500.3, Certification and Accreditation and/or the VA OCS Certification Program Office. Government-owned (government facility or government equipment) contractor-operated systems, third party or business partner networks require memorandums of understanding and interconnection agreements (MOU-ISA) which detail what data types are shared, who has access, and the appropriate level of security controls for all systems connected to VA networks.

d. The contractor/subcontractor’s system must adhere to all FISMA, FIPS, and NIST standards related to the annual FISMA security controls assessment and review and update the PIA. Any deficiencies noted during this assessment must be provided to the VA contracting officer and the ISO for entry into VA’s POA&M management process. The contractor/subcontractor must use VA’s POA&M process to document planned remedial actions to address any deficiencies in information security policies, procedures, and practices, and the completion of those activities. Security deficiencies must be corrected within the timeframes approved by the government.

Contractor/subcontractor procedures are subject to periodic, unannounced assessments by VA officials, including the VA Office of Inspector General. The physical security aspects associated with contractor/subcontractor activities must also be subject to such assessments. If major changes to the system occur that may affect the privacy or security of the data or the system, the C&A of the system may need to be reviewed, retested and re-authorized per VA Handbook 6500.3. This may require reviewing and updating all of the documentation (PIA, System Security Plan, Contingency Plan). The Certification Program Office can provide guidance on whether a new C&A would be necessary.

e. The contractor/subcontractor must conduct an annual self-assessment on all systems and outsourced services as required. Both hard copy and electronic copies of the assessment must be provided to the COTR. The government reserves the right to conduct such an assessment using government personnel or another contractor/subcontractor. The contractor/subcontractor must take appropriate and timely action (this can be specified in the contract) to correct or mitigate any weaknesses discovered during such testing, generally at no additional cost.

f. VA prohibits the installation and use of personally-owned or contractor/subcontractor-owned equipment or software on VA’s network. If non-VA owned equipment must be used to fulfill the requirements of a contract, it must be stated in the service agreement, SOW or contract. All of the security controls required for government furnished equipment (GFE) must be utilized in approved other equipment (OE) and must be funded by the owner of the equipment. All remote systems must be equipped with, and use, a VA-approved antivirus (AV) software and a personal (host-based or enclave based) firewall that is configured with a VA-approved configuration. Software must be kept current, including all critical updates and patches. Owners of approved OE are responsible for providing and maintaining the anti-viral software and the firewall on the non-VA owned OE.

g. All electronic storage media used on non-VA leased or non-VA owned IT equipment that is used to store, process, or access VA information must be handled in adherence with VA Handbook 6500.1, Electronic Media Sanitization upon: (i) completion or termination of the contract or (ii) disposal or return of the IT equipment by the contractor/subcontractor or any person acting on behalf of the contractor/subcontractor, whichever is earlier. Media (hard drives, optical disks, CDs, back-up tapes, etc.) used by the contractors/subcontractors that contain VA information must be returned to the VA for sanitization or destruction or the contractor/subcontractor must self-certify that the media has been disposed of per 6500.1 requirements. This must be completed within 30 days of termination of the contract.

h. Bio-Medical devices and other equipment or systems containing media (hard drives, optical disks, etc.)

with VA sensitive information must not be returned to the vendor at the end of lease, for trade-in, or other purposes.

The options are:

(1) Vendor must accept the system without the drive;

(2) VA’s initial medical device purchase includes a spare drive which must be installed in place of the original drive at time of turn-in; or

(3) VA must reimburse the company for media at a reasonable open market replacement cost at time of purchase.

(4) Due to the highly specialized and sometimes proprietary hardware and software associated with medical equipment/systems, if it is not possible for the VA to retain the hard drive, then;

(a) The equipment vendor must have an existing BAA if the device being traded in has sensitive information stored on it and hard drive(s) from the system are being returned physically intact; and

(b) Any fixed hard drive on the device must be non-destructively sanitized to the greatest extent possible without negatively impacting system operation. Selective clearing down to patient data folder level is recommended using VA approved and validated overwriting technologies/methods/tools. Applicable media sanitization specifications need to be pre-approved and described in the purchase order or contract.

© A statement needs to be signed by the Director (System Owner) that states that the drive could not be removed and that (a) and (b) controls above are in place and completed. The ISO needs to maintain the documentation.

6. 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…