36C25620Q0012-001.pdf

FedBizOpps Combined Synopsis/Solicitation Notice

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* = Required Field FedBizOpps Combined Synopsis/Solicitation Notice Rev. March 2010

Q

CAVHS VA Police Annual Psychological Evaluations/Assessments Little Rock, Arkansas

77030

36C25620Q0012

10-18-2019

N

621112

Department of Veterans Affairs Network Contracting Office 16

2002 Holcombe BLVD Houston TX 77030 4298

Jeneice McClinton jeneice.mcclinton@va.gov

Central Arkansas Veterans Healthcare System

(CAVHS)

4300 W 7th St Little Rock, Arkansas

72205

U.S.

36C25620Q0012 Mental Health Psychological Evaluations

COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

General Information Document Type: Combined Synopsis/Solicitation Solicitation Number: 36C25620Q0012 CAVHS VA Police Annual Psychological

Evaluation | Little Rock, Arkansas Posted Date: October 15, 2019 Response Date (NLT): October 18, 2019 Response Time (NLT): 9:00a.m. (Central Time) Product or Service Code: Q999 – Medical, Other Set Aside: Veteran-Owned Small Business (VOSB) NAICS Code: 621112 (Offices of Physicians, Mental Health Specialists) Point of Contract: Only electronic offers will be accepted: Jeneice McClinton, Contracting Officer; Email: jeneice.mcclinton@va.gov

Description

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, in conjunction with FAR Part 13, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation document will not be issued. This combined synopsis/solicitation is issued as a Request for Quote (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2019-05 (effective 09/10/2019). The associated North American Industrial Classification System (NAICS) code for this procurement is 621112, with a small business size standard of $12 million. This procurement is a 100% Total Veteran Owned Small Business (VOSB) Set-Aside and all eligible quoters are encouraged to submit quotes. To be eligible for award quoter must be verified in the Vendor Information Pages (VIP) (https://www.vip.vetbiz.gov ) at the time of the close of the RFQ and at the time of award and be registered in the System Award Management (SAM) at the time of award. Quotes will be considered non-responsive and rejected if the Contracting Officer is not able to verify and view contractor registrations.

The VHA Regional Procurement Office, Network Contracting Office-16 intends to award a single firm fixed price contract to provide (annual) mental health psychological assessment and testing for the Veterans Affairs (VA) police officers, investigators, physical security specialists and supervisors, to include the chief of police service and pre-employment screenings for applicants located at the Central Arkansas Veterans Healthcare System (CAVHS), Little Rock, Arkansas division in accordance with the guidelines provided by the Veterans Integrated Service Network (VISN), Office of Security and Law Enforcement Regulations Directive.

Quote shall be valid 120 days from the close of this RFQ.

Quotes are due no later than October 18, 2019 by 9:00a.m., Central Time. Quotes shall be submitted electronically to:

Jeneice McClinton, jeneice.mcclinton@va.gov

Period of performance is for one year with four (4), additional one (1)-year option periods to be exercised at the government’s discretion.

All interested companies shall provide quotation(s) for and complete the following:

Section B.1 Contract Administration;

Section B.2 Price/Cost Schedule ATTACHMENT A Relevant Experience Form E.6 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERICAL ITEMS (OCT 2018)

SECTION B

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR: _____________________________________

ADDRESS: _____________________________________

EMAIL ADDRESS: _____________________________________

DUNS: _____________________________________

TAX ID (TIN)#: _____________________________________

b. GOVERNMENT: Contracting Officer 36C256 Jeneice McClinton

VHA Regional Procurement Office Network Contracting Office (NCO)-16 2002 Holcombe Blvd., Bldg. 100 Houston, TX 77030 4298

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

3. INVOICES: Invoices shall be submitted in arrears:

a. Payment for services provided under the terms of this order will be made monthly in arrears within thirty (30) days after completion of service and upon receipt of a properly executed invoice. Invoice(s) shall be submitted within ten (10) days after performance and acceptance of services.

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. VA’s Electronic Invoice Presentment and Payment System – The FSC uses a third-party contractor, Tungsten, Vendor Electronic Invoice Submission Methods. Facsimile, e-mail, and scanned documents are not acceptable forms of submission for payment requests. Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods below:

• VA’s Electronic Invoice Presentment and Payment System – The FSC uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission. Please go to this website:

http://www.tungsten-network.com/US/en/veterans-affairs/ to begin submitting electronic invoices, free of charge.

• A system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) chartered by the American National Standards Institute (ANSI). The X12 EDI Web site (http://www.x12.org).

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

AMENDMENT NO DATE

mailto:jeneice.mcclinton@va.gov

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1.00

JB

Psychology testing services to complete an initial public safety screening for potential Central Arkansas Veterans Healthcare System (CAVHS) Veteran Affairs (VA) Police Officer candidates. 58 each

Contract Period: Base POP Begin: 10-21-2019 POP End: 10-20-2020

Psychology testing services to complete an annual (Anniversary) public safety screening for all Central Arkansas Veteran Healthcare System (CAVHS) Veteran Affairs (VA) Police Officers. 20 each.

Contract Period: Base POP Begin: 10-21-2019 POP End: 10-20-2020

BASE YEAR TOTAL:

potential Central Arkansas Veterans Healthcare System (CAVHS) Veteran Affairs (VA) Police Officer candidates. 58 each.

Contract Period: Option 1 POP Begin: 10-21-2020 POP End: 10-20-2021 screening for all Central Arkansas Veteran Healthcare System (CAVHS) Veteran Affairs (VA) Police Officers. 20 each.

Contract Period: Option 1 POP Begin: 10-21-2020 POP End: 10-20-2021

OPTION PERIOD 1 TOTAL:

2001 1.00 JB __________________ __________________

Psychology testing services to complete an initial public safety screening for potential Central Arkansas Veterans Healthcare System (CAVHS) Veteran Affairs (VA) Police Officer candidates. 58each.

Contract Period: Option 2 POP Begin: 10-21-2021 POP End: 10-20-2022 screening for all Central Arkansas Veteran Healthcare System (CAVHS) Veteran Affairs (VA) Police Officers. 20 each

Contract Period: Option 2 POP Begin: 10-21-2021 POP End: 10-20-2022

OPTION PERIOD 2 TOTAL:

potential Central Arkansas Veterans Healthcare System (CAVHS) Veteran Affairs (VA) Police Officer candidates. 58 each.

Contract Period: Option 3 POP Begin: 10-21-2022 POP End: 10-20-2023 screening for all Central Arkansas Veteran Healthcare System (CAVHS) Veteran Affairs (VA) Police Officers. 20 each.

Contract Period: Option 3 POP Begin: 10-21-2022 POP End: 10-20-2023

OPTION PERIOD 3 TOTAL:

potential Central Arkansas Veterans Healthcare System (CAVHS) Veteran Affairs (VA) Police Officer candidates. 58 each.

Contract Period: Option 4 POP Begin: 10-21-2023 POP End: 10-20-2024 screening for all Central Arkansas Veteran Healthcare System (CAVHS) Veteran Affairs (VA) Police Officers. 20 each.

Contract Period: Option 4 POP Begin: 10-21-2023 POP End: 10-20-2024

OPTION PERIOD 4 TOTAL:

GRAND TOTAL

“Evaluations of Options (July 1990) Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. This includes options under FAR 52.217-8, Option to Extend Services, which applies to this solicitation. Evaluation of options under FAR 52.217-8 will be accomplished by using the prices offered for the last option period to determine the price for a 6-month option period, which will be added to the base and other option years to arrive at the total price. Evaluation of options will not obligate the Government to exercise the option(s).”

B.3 PERFORMANCE WORK STATEMENT

Central Arkansas Veterans Healthcare System (CAVHS) VA Police Annual Psychological Evaluation

1. INTRODUCTION:

This requirement is for a firm-fixed price contract to furnish (annual) mental health psychological assessment and testing for the Veterans Affairs (VA) police officers, investigators, physical security specialists and supervisors, to include the chief of police service and pre-employment screenings for applicants located at the Central Arkansas Veterans Healthcare System (CAVHS), Little Rock, Arkansas division in accordance with the guidelines provided by the Veterans Integrated Service Network (VISN), Office of Security and Law Enforcement Regulations Directive (see exhibit 1).

2. BACKGROUND:

The CAVHS, a flagship Department of Veterans Affairs (VA) healthcare provider, is one of the largest and busiest VA medical centers in the country. Its two hospitals, located in Little Rock and North Little Rock, anchor a broad spectrum of inpatient and outpatient healthcare services, ranging from disease prevention through primary care, to complex surgical procedures, to extended rehabilitative care. This system serves as a teaching facility for more than 1,500 students and residents enrolled in more than 65 educational programs;

its principal affiliate is the University of Arkansas for Medical Sciences.

CAVHS is reaching out to veterans through its community-based outpatient clinics in Mountain Home, El Dorado, Hot Springs, Mena, Pine Bluff, Searcy, Conway, Russellville, its Home Health Care Service Center in Hot Springs, and a VA Drop-In Day Treatment Center for homeless veterans in downtown Little Rock.

The VA required CAVHS VA police service officers to carry firearms in 2001. It was also mandated that all newly hired police officers would have to undergo an initial psychological assessment, in addition to an annual assessment. Officers’ encounters are often with mentally ill, irrational or disturbed persons who, although assaultive or destructive, must be handled with understanding, full control of force, and unimpeded judgment.

Any emotional or mental condition which could cause the applicant/officer to be a hazard to others or themselves during stressful situations and physical altercations will result in disqualification.

3. PLACE OF PERFORMANCE: All pre-screening, assessments and testing shall be conducted at the Contractor’s facility with a minimum of a 50-mile radius from the John L. McClellan Memorial Veterans Hospital located at 4300 W 7th St, Little Rock, AR 72205 or Eugene J. Towbin VA Hospital located at 2200 Fort Roots Dr, North Little Rock, AR 72114.

4. PERIOD OF PERFORMANCE:

Period of performance is for one year with four (4), additional one (1)-year option periods to be exercised at the government’s discretion.

Base Period: October 21, 2019 to October 20, 2020 Option Period One (1): October 21, 2020 to October 20, 2021 Option Period Two (2): October 21, 2021 to October 20, 2022 Option Period Three (3): October 21, 2022 to October 20, 2023 Option Period Four (4): October 21, 2023 to October 20, 2024

4.1 Work Hours:

Monday through Friday 7:30a.m. - 5:00p.m., excluding federal holidays, and unless other times are arranged in advance and approved in writing by the government point of contact.

4.2 Federal Holidays: The ten holidays observed by the Federal Government are:

Federal Holiday Date New Year’s Day January 01 Martin Luther King’s Birthday Third Monday in January President’s Day Third Monday in February Memorial Day Last Monday in May Independence Day July 04 Labor Day First Monday in September Columbus Day Second Monday in October Veteran’s Day November 11 Thanksgiving Day Fourth Thursday in November Christmas Day December 25

4.3 If the holiday falls on a Sunday, the following Monday will be observed as a National holiday. When a holiday falls on a Saturday, the preceding Friday is observed as a National holiday by U.S. Government Agencies, and any other day specifically declared by the President of the United States.

5. GENERAL REQUIREMENTS: A designated government point of contact shall be assigned to this procurement. Written notification shall be provided to the Contractor after award. Scheduling of work performance shall be arranged through the designated government point of contact. The psychological examinations must include a face to face psychological assessment of the police officer's emotional and mental stability by a licensed professional counselor/psychologist. The individual must at a minimum hold a PhD in Psychology from an accredited university and a license to practice independently in the state of Arkansas.

5.1 Psychological Assessment: The Contractor shall provide Mental Health Psychological Evaluations in accordance to the VISN Office of Security & Law Enforcement Regulations Directive to determine the physical qualifications and the emotional and mental stability of all pre-employment screening applicants and incumbents. The psychological assessment shall be limited to a verbal interview utilizing Contractor-developed screening questions administered by a psychologist or psychiatrist covering only job-related factors.

5.1.1 The Contractor shall complete on each applicant and incumbent an Initial First Public Safety Screening which shall consist of a Psychological Interview and Testing utilizing the Human Reliability Structured Interview and Administration which shall include a minimum but not limited to the following:

a. The Law Enforcement, Corrections and Public Safety module of the Personality Assessment

Inventory (PAI)

b. Minnesota Multiphasic Personality Inventory~2 (MMPI-2) {The CAVHS employee health physician (EHP) shall approve recommendation and make all arrangements necessary for the Contractor to utilize the MMPI-2 and/or other tests.}

5.1.2 An annual re-examination shall be conducted each year thereafter under the specific medical standards.

5.2 In accordance with CAVHS VA guidelines the Contractor shall not perform routine use of written psychological testing. The Contractor shall perform oral interviews with emphasis on a functional assessment of psychiatric symptoms directly relevant to job duties. Current law and regulations preclude the use of any psychological testing as a tool during the psychological assessment, which must be limited to a verbal interview. The Contractor shall not provide written test during the psychological assessment.

5.3 Re-Test – The Contractor shall report any articulable reason of doubt and make a formal recommendation for psychological testing and/or re-test to the CAVHS employee health physician (EHP), when the CAVHS VA police officer capability to perform the duties of a police officer which include the use of a firearm is applicable. The CAVHS EHP shall approve recommendation and make all arrangements necessary for the Contractor to utilize the MMPI-2 and/or other tests.

5.4 Psychological Testing: The Contractor shall conduct standardized Psychological interview and testing as required for initial hiring and annual re-certification requirements for the VA police service officers, investigators, physical security specialists and supervisors, to include the chief of police service.

5.4.1 The Contractor shall conduct additional Psychological interview and testing when reason to question the applicant/Officer’s suitability has arisen. This testing is required to be conducted during a face to face evaluation method.

6. REPORT/RECORDS REQUIREMENTS

6.1 The Contractor shall submit an examination report to the EHP and shall include a minimum but not limited to the following:

a. Clinical notes of the individuals emotional and mental stability in reference to their ability to perform duties required of a CAVHS VA Police Officer to include but not limited to the following:

b. Personal encounters with patients, visitors, and/or other employees.

c. Ability to handle and understand encounters with mentally ill, irrational, or disturbed persons.

d. Any emotional or mental conditions which could cause the applicant/Officer to be a hazard to others or self during stress situations and physical altercations.

e. Any recommendations for or against employment of the individual during the Pre-Employment

Phase shall be included in the Examination Report.

6.2 Reports are to be submitted to the EHP. Contact information for the EHP shall be provided by the delegated government point of contact.

6.3 The Contractor shall maintain all test material, interview notes taken during the examination, and a copy/original of the examination report of each individual separately.

6.4 All material shall be considered confidential.

6.5 Privacy Act Notification - Any reports, as well as any internal working documents generated by the Contractor are the property of CAVHS and shall be kept confidential, from the officer and anyone requesting such information, except those authorized by the CAVHS EHP. The Contractor and/or staff are not authorized to disclose any information pertaining to a CAVHS VA employee to any source.

6.6 Any requests for information shall be forwarded to the EHP. All results/reports shall be discussed as necessary with the EHP and mailed to: Central Arkansas Veterans Healthcare System, Employee Health, 4300 W. 7th St, Little Rock, Arkansas 72205.

6.7 All records shall be maintained for a minimum of five (5) years from the time the record is created.

6.8 After five (5) years all records within this period shall be destroyed with the utilization of an approved micro-shredder (cuts the size of a dime) as well as following all HIPAA Laws and Regulations referencing the proper disposal method when handling confidential information/papers,

6.9 If a transfer of Contractor duties has occurred all records are to be maintained under the five (5) year requirement and disposed of or transferred to the new Contractor with a written request following the HIPAA Laws and Regulations referencing the transferring of confidential information.

6.10 Any current or historical material shall be made accessible to the CAVHS John L. McClellan Memorial Veterans Hospital and/or the Eugene J. Towbin Healthcare Center upon written request completed by the facility Chief of the CAVHS VA Police Service and/or Director of the CAVHS VA Medical Center Facility only.

7. PRIVACY and SECURITY:

7.1 The Contractor will not have access to CAVHS VA desktop computers, nor will they have access to online resources belonging to the government while conducting services. If removal of equipment from the CAVHS VA is required, any memory storage devices, such as hard drives, solid state drives and non-volatile memory units will remain in CAVHS VA control and will not be removed from CAVHS VA custody.

7.2 The Contractor will have access to protected Patient Health Information (PHI) and they will have the capability of accessing patient information during the services provided to the CAVHS VA and if removal of equipment from the CAVHS VA is required, any memory storage devices, such as hard drives, solid state drives and non-volatile memory units will remain in CAVHS VA control and will not be removed from CAVHS VA custody. All research data available for Contractor analyses is de-identified.

7.3 Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C.

552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

7.4 In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

7.5 In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

7.6 CAVHS VA and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of the Contractor or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701.

In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to CAVHS. The agency must report promptly to NARA in accordance with 36 CFR 1230. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the contract vehicle. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government's behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to Department of Veteran Affairs, CAVHS control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand-carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the PWS. Destruction of records is expressly prohibited unless in accordance with Paragraph (7.4).

7.7 The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and CAVHS Information Security Office, Privacy Officer and Police Service guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

7.8 The Contractor shall only use Government Information Technology (IT) equipment for purposes specifically tied to or authorized by the contract and in accordance with CAVHS VA policy.

7.9 The Contractor shall not create or maintain any records containing any non-public CAVHS VA police service information that is not specifically tied to or authorized by the contract.

7.10 The 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 from public disclosure by an exemption to the Freedom of Information Act.

7.11 CAVHS VA owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which CAVHS VA shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

8. BUSINESS ASSOCIATE AGREEMENT

8.1 The Health Insurance Portability and Accountability Act of 1996 (HIPPA) requires that patient lists, names of patients, and any information concerning patients, are considered privileged information and shall not be disclosed or revealed in any way for use outside the CAVHS VA. The Contractor is subject to the same penalties and liabilities for unauthorized disclosures of such information as the CAVHS VA.

Patient confidentiality will be adhered to at all times.

8.2 As Contractor personnel will potentially have access to any patient information related to their performance of duties under this contract, Contractor shall make its personnel aware that any such information that they might become aware of during the course of their performance is considered privileged information and shall not be disclosed or revealed in any way outside communications with CAVHS government point of contact.

8.3 Contractor shall sign a Business Associate Agreement (BAA) upon award, adhering to this policy.

9. The following laws, regulations, policies, and procedures, including all subsequent changes or updates apply:

FAR Federal Acquisition Regulation VAAR Veterans Administration Acquisition Regulation Standards All applicable Federal, State, Local and Industry: Laws, Policies and Standards as applicable to the proper performance of afore and hereafter described.

Glossary. Acronyms used in this PWS are listed below:

COR Contracting Officer’s Representative FAR Federal Acquisition Regulation PWS Performance Work Statement CAVHS Central Arkansas Veterans Healthcare System MMPI Minnesota Multiphasic Personality Inventory VISN Veterans Integrated Security Network EHP Employee Health Physician

10. TRAINING

All Contractor employees assigned to this contract who create, work with or otherwise handle records are required to take Information Security Office-provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training. This training is due within ten (10) days from the effective date of award.

11. QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

Chemical Treatment for Boiler Plant, Chiller Plant, and Potable Water Well

INTRODUCTION

This Quality Assurance Surveillance Plan has been developed to evaluate Contractor performance while implementing and executing Performance Work Statement (PWS) tasks for this requirement. It is designed to provide an effective surveillance method for monitoring and evaluating the Contractor’s performance for the requirements listed in the Performance Work Statement (PWS).

This QASP does not detail how the Contractor will accomplish the work that is required by the PWS.

Rather, this QASP has been created with the premise that the Contractor is responsible for management and quality control actions to meet the terms of the contract. It is the Government’s responsibility to be objective, fair, and consistent in evaluating performance. In addition, the QASP should recognize that unforeseen and uncontrollable situations may occur.

This QASP is a “living document” and the Government may review and revise it on a regular basis to ensure that the QASP remains a valid, useful, and enforceable document. However, the Government will coordinate changes with the Contractor (if changes are required). Copies of the original QASP and revisions will be provided to the Contractor and Government officials implementing surveillance activities.

OBJECTIVE

The foundation of this Quality Assurance Surveillance Plan (QASP) is derived from the Objective of this requirement which is the following: The overall purpose is to provide chemical treatment, service, complete preventative maintenance (hereafter called PM Service), routine repair service, emergency repair service and on-the-job training for Government owned equipment (listed in the table below).

GOVERNMENT ROLES AND RESPONSIBILITIES

The following Government personnel are responsible for overseeing and coordinating surveillance activities.

Contracting Officer Representative (COR)

Contracting Officer’s Representative (COR) - The COR is responsible for technical administration of the contract and is responsible for ensuring proper Government surveillance of the Contractor’s performance. The COR is responsible for keeping a quality assurance file and after the contract, or when requested by the CO, providing corresponding documentation to the CO. The COR is not empowered to make any contractual commitments or to authorize any contractual changes on the Government’s behalf.

The Contractor shall refer any changes they deem may affect contract price, terms, or conditions to the CO for action.

Contracting Officer (CO) The CO is responsible for ensuring performance of all necessary actions for effective contracting, ensuring compliance with the contract terms, and safeguarding the interests of the United States in the contractual relationship. The CO is responsible for ensuring that the Contractor receives impartial, fair, and equitable treatment under this contract. The CO is ultimately responsible for the final determination of the adequacy of the Contractor’s performance.

Upon award or before the performance period start date of the contract the individuals who will be involved in the execution of this Quality Assurance Surveillance Plan (QASP) shall be identified.

12. PERFORMANCE STANDARDS AND QUALITY MEASUREMENT

12.1 The designated government point of contact shall be responsible for monitoring the Contractor’s performance. Performance deficiencies or poor performance identified during the term of the contract shall be documented by the government and reported to the Contractor. Upon notification of deficiencies or poor performance, the Contractor shall be given 5 days’ time to take corrective action. If determined appropriate, the Contracting Officer and/or other VHA Regional Contracting Office-16 staff members shall meet with representatives of the Contractor to review performance and resolve issues. All deficiencies or poor performance shall be documented and must be corrected within the timeframe specified by the government. The Contractor shall notify the contracting officer when corrections(s) have been made. If the appropriate correction is not made within the timeframe specified, the government shall have the right to terminate the contract in its entirety.

12.2 Nothing in this section is intended to modify or waive the government’s rights outlined in 52.212-4.

12.3 Performance Standards Requirements Summary Matrix

PWS

Para

Performance Objective

Performance Standard

Acceptable Quality Level

(AQL)

Surveillance Method

Compliance

5.0 Psychological

Testing and Evaluation Requirements as per the performance work statement

(PWS).

All work shall be completed IAW • The Law Enforcement, Corrections and Public Safety module of the Personality Assessment Inventory

(PAI)

•Minnesota Multiphasic Personality Inventory~2

(MMPI-2)

95% performance level

Random inspection conducted by Government point of contact.

Positive: Acceptable performance rating in Contractor Performance Assessment Reporting System (CPARS).

Negative: May result in adverse CPARS and/or reperformance of work. Below AQL, non-acceptance of services. A contract discrepancy report (CDR), will be issued for performance below the

AQL.

6.0 The

Contractor shall submit an examination report to the EHP as per the PWS.

Ensure submitted documents and reports are accurate.

Documents and reports are accurate 95% of the time.

Random inspection conducted by

CAVHS

Government point of contact.

Positive: Acceptable performance rating in Contractor Performance Assessment Reporting System (CPARS).

Negative: May result in adverse CPARS and/or reperformance of work. Below AQL, non-acceptance of services. A contract discrepancy report (CDR), will be issued for performance below the

AQL.

13. CHANGES TO THE CONTRACT OR PWS:

Changes to this PWS or the impending contract shall only be authorized and approved through written correspondence from the Contracting Officer. A copy of each change shall be kept in a service folder along with all other documents or items pertaining to the service. Costs incurred by the Contractor through the actions of parties other than the Contracting Officer shall be borne by the Contractor.

END OF PERFORMANCE WORK STATEMENT

SECTION C - CONTRACT CLAUSES

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

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

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

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

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

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

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

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

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608- 2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance.

In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C.

1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C.

431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

CONTRACTOR TEAM ARRANGEMENTS (CTAS)

Potential Offerors may form Contractor Team Arrangements (CTAs) as defined under…