36C25621Q1824-Food Service Workers.pdf

36C25621Q1824

Request for Quote: 36C25621Q1824

1.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, Simplified Acquisition Procedures as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. Requirement is being evaluated under the procedures of

FAR Part 13. As such, in accordance with FAR 13.106-2(b)(3), the quotes will undergo a comparative analysis evaluation to determine which vendor provides the best value to the government in terms of technical capability, past performance, while also providing a competitive price.

2. The combined synopsis/solicitation number is 36C25621Q1824. It is issued as a Request for

Quote. The Government anticipates awarding one firm-fixed price purchase order resulting from this solicitation.

3. Solicitation document and incorporated provisions and clauses are those in effect through

Federal Acquisition Circular (FAC) 2021-05 (eff. 03/10/21), VAAR Update 2008-28 (eff.

1/27/21)

4. This requirement is a 100% Total Service-Disabled Veteran-Owned Small Business Set-

Aside. The North American Industry Classification System number is 561320 with a size standards in number of 30M.

5. Place of Performance: Michael E. DeBakey VA Medical Center (MEDVAMC) located at

2002 Holcombe Boulevard, Houston, TX 77030.

6. All questions regarding this solicitation shall be submitted via email to Contracting Officer, Anthony Marion at anthony.marion2@va.gov no later than 10:00A.M. Central Standard Time on

September 3, 2021.

7. Quotes are due no later than September 10, 2021 at 10:00A.M. Central Standard Time and shall be submitted electronically via e-mail to the Contracting Officer, Anthony Marion at anthony.marion2@va.gov

SECTION A

A.1 APPLICABLE Provisions and Clauses

The provision at 52.212-1 Introduction to Offerors – Commercial, applies to this acquisition.

The provision at 52.212-2 EVALUATION – COMMERCIAL ITEMS (JAN 1999) applies to this acquisition.

All offers shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications –Commercial Items.

The clause at 52.212-4, Contract Terms and Conditions – Commercial Items, applies to this acquisition and a statement. The addendum to FAR 52.212-4 also applies to this acquisition.

The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or

Executive Orders – Commercial Items, applies to this acquisition and all additional FAR clauses cited in the clause are applicable to the acquisition.

Addendum to FAR 52.212-4 Show FAR clauses followed by VAAR clauses in numeric order.

Solicitation contains a list of all clauses incorporated by reference in numeric order under

52.252-2 (see below), starting first with FAR and followed by VAAR.

SECTION B

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 36C256 Anthony Marion

Department of Veterans Affairs Network Contracting Office 16 Michael E. DeBakey VA Medical Center 2002 Holcombe BLVD 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

[X] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [x] Monthly

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.

FSC e-Invoice Payment http://www.fsc.va.gov/fsc/einvoice.asp Invoice Setup Information 1-877-489-6135 invoice must be submitted electronically

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

AMENDMENT NO DATE

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3,120.00 HR __________________ __________________

Contractor shall provide six (6) food qualified food service workers to perform a variety of tasks related to patient meal production, delivery and sanitation for an estimated 3,120 hours per the SOW. These positions are in the main kitchen area with frequent walking to the inpatient units or remote service locations.

Contract Period: Base POP Begin: 09-17-2021 POP End: 12-31-2021

520.00 HR __________________ __________________

Contractor shall provide one (1) working supervisor/manager to assist the COR with scheduling, performance and supervision for the contract personnel for an estimated 520 hours.

Contract Period: Base POP Begin: 09-17-2021 POP End: 12-31-2021

GRAND TOTAL __________________

B.3 STATEMENT OF WORK (SOW)

STATEMENT OF WORK (SOW)

MICHAEL E. DeBAKEY VA MEDICAL CENTER (MEDVAMC)

FOOD SERVICE WORKER SUPPLEMENTAL STAFFING

I. Background:

The Michael E. DeBakey VA Medical Center (MEDVAMC) located at 2002 Holcombe

Boulevard, Houston, TX 77030 requires one working supervisor/manager and six (6) supplemental food service staffing to meet production and delivery demands of the facility.

1. The purpose of this procurement is to obtain one working supervisor/manager and six (6) qualified food service workers to perform a variety of tasks related to patient meal production, delivery and sanitation. These positions are in the main kitchen area with frequent walking to the inpatient units or remote service locations. The Contractor is responsible for a variety of tasks such as delivering and retrieving of meal trays and nourishments, accurately assembling patient meal trays on a tray assembly line, operation of a commercial dish machine, and completing a wide variety of cleaning tasks.

2. The working supervisor/manager shall communicate directly with the Contracting Officer

Representative and the supplemental food service staffing shall report to the Nutrition & Food

Services Department to perform all duties outlined in the Statement of Work (SOW). Service performed at sites other than this VA site are not compensable. Working supervisor/manager shall ensure all Contractor personnel are signed in and out of the Nutrition & Food Services log sheet daily. The working supervisor/manager and supplemental food service staffing shall not receive any compensation for any hours such as sick or annual leave from the VA. The

Government assumes no responsibility for sick leave, vacation, or other benefits. The Contractor shall provide immediate replacement of absent FTE(s). Contractor personnel shall not be considered government employees.

II. Scope:

Contractor shall provide all labor, transportation, personnel, and qualified temporary staffing services for the specifications listed below. The Contractor shall ensure that the working supervisor/manager is knowledgeable and capable of performing all duties performed by the food service workers and will be scheduled to work assignments within the work schedule. The contractor shall carefully pre-screen all temporary personnel prior to referral to the facility to assure that they possess all the required skills and abilities to perform the assigned tasks. The temporary personnel shall meet the minimum qualifications, education, and experience required by the classification specification for the job to be performed. The contractor shall be informed of the specific duties or class title, length of assignment, and any specific skills or abilities required.

All temporary food service workers shall have evidence of food service safety certification (i.e.

ServSafe food handler or equivalent) is required prior to being assigned to work in any position within Nutrition Food Service (NFS). In addition, contractor personnel shall meet the following qualifications, Food Service Workers shall understand special procedures in preparing food and serving patients. Contractor personnel shall possess ability to organize work in a logical sequence, execute tasks quickly and accurately and meet strict meal schedules. Contractor personnel shall possess working knowledge of procedures to prevent contamination, such as the need to clean equipment previously used for raw food, knowledge of sanitation standards, ability to apply knowledge of general sanitation principles to safeguard food against spoilage and waste, and working knowledge of Hazard Analysis Critical Control Points (HACCP).

Contractor personnel shall possess the ability to read and understand written material, understanding of menus, recipes and basic work instructions, meal tickets, basic diet types, knowledge of food terminology, measurements, and serving information in standardized recipes and menus, and understanding of the routine methods and procedures used in across multiple areas within the food service operation. Contractor personnel shall possess interpersonal skills to be able to interact appropriately with Veterans, visitors, coworkers, supervisors, and other medical center personnel is also required.

III. Hours of Operation: Nutrition and Food Services (NFS) operates various work shifts from

5:00 am to 8:00 pm, seven days a week, 365 days per year. This will include Holidays, Weekends, and off hours. Contract staff hours may vary based on department needs and shall be expected to be available to cover any shift on any day to include weekends and holidays.

Contracting Officer Representative (COR) and contractor working supervisor/manager shall maintain communication and scheduling for personnel.

IV. N&FS Duty Location:

Michael E. DeBakey VA Medical Center

Nutrition & Food Services (120)

2002 Holcombe Blvd., BC-270

Houston, TX 77030

(713) 794-7120

V. Staff Qualifications

1. Evidence of food service safety certification (i.e. ServSafe or equivalent) is required prior to being assigned to work in any position within NFS. Contractor shall submit all resumes, certifications to the Contracting Officer and Contracting Officer Representative after award.

2. Compliant with the following physical standards and environmental factors:

• Required to be able to lift, push, and/or pull heavy equipment and supplies.

• Frequent lifting and moving/carrying of heavy objects weighing up to 35 pounds; Occasionally up to 45 pounds

• Straight pulling (1-2 hours)

• Pushing (1-2 hours at a time up to several times daily)

• Must be able to walk for extended periods of time (4-6 hours)

• Must be able to stand for extended periods of time (6-8 hours)

• Must be able to climb ladders as required in cleaning and storage of supplies or equipment

• Use of fingers

• Both hands and arms required

• Ability for rapid mental & muscular coordination simultaneously

• Must have good physical and mental coordination to keep pace with other in the working unit

• Near Vision correctable

• Far Vision correctable

• Depth perception

• Hearing (aide permitted)

• Work closely with others, as well as, protracted or irregular hours of work

3. Demonstrates dependability/ adheres to leave policies and completion of assignments

• Makes appropriate decision making without difficulty or overreacting

• Maintains a cooperative attitude with all disciplines

• Complies with mandatory training and educational requirements of position

• Demonstrates awareness of unique diverse cultures

• Complies with all rules and regulations governing patient care, safety and privacy

• All contract Food Service Workers (FSW) shall complete VAMC mandatory orientation and annual training requirements which include annual safety, security, privacy and computer training. It is anticipated that most contract

FSWs will be able to complete mandatory annual training requirements during regularly scheduled work shifts. Training will be provided at government expense.

4. Maintains equipment in safe working status to prevent injury to self or others and reports any need for equipment repair to appropriate supervisor.

5.Required to dress according to MEDVAMC Food Service Worker dress code policy; Uniforms will be provided at government expense but will be returned by each FSW on the final date of service. Contractor will be responsible for the cost of any uniforms not returned by contract staff members.

6. Shall comply with all appropriate hygiene and personal protective equipment requirements typically expected when working in institutional or commercial food service operations and health care settings.

7. The FSW shall perform according to MEDVAMC policies on Interpersonal Behavior, Conduct, Communication, and Customer Service.

VI. Documentation, Reporting, Communications and Confidentiality

Contractor shall ensure all documentation, reporting and communication standards are met and include, but are not limited to, the following:

1. Reports both verbally, and in writing when requested, any deviation from policy or concerns

2. Maintains complete and accurate records in the computer on the particular package for all assigned patients

3. Demonstrates ability to obtain cooperation of coworkers by inspiring trust

4. Is aware of body language and uses appropriate tone of voice in all communication

5. Gives verbal input at team conferences and meetings

6. Demonstrates confidentiality procedures as it relates to HIPAA and other security regulations

VII. Work Expectations

1. DUTIES: Contractor shall work in food service and/or production areas. Contractor shall possess the capability to rotate in assignments and shift for varied experience. Incumbents in this position shall have the ability to perform any or all of the following duties as assigned:

• Load tray delivery carts and transport to thermalization refrigeration unit(s).

• Deliver and pick up patient trays to dining rooms or bedside, noting food acceptance and patients’ comments.

• Set up and replenish foods, condiments, dishes, flatware and serving utensils on tray assembly line.

• Follow printed menus, computerized diet cards, and established procedures to serve correct food items when assigned to a position on the tray assembly line.

• Serve coffee or tea as required. Make and serve toast for patient trays.

• Assist with movement of tray carts from thermalization refrigerator and with placement of carts onto Automated Transport System (ATS) spurs.

• Transport tray delivery carts from ATS drop-off point to patient care unit for service. Return carts with soiled dishes to ATS spur and program the ATS for pick-up/return to soiled dish area.

• Prepares sandwiches and packed lunches. Prepare bagged meals for late meals, hemodialysis and other areas as assigned.

• Assist in transport of food from food bank refrigerator to tray assembly lines.

• Portion food by placing uniform/standardized amounts in dishes and in correct quantities.

• Maintain sanitation in the work unit; utilize proper cleaning agents and procedures.

• Remove trash and food waste from trays. Pre-rinse, pre-soak, and load and unload dish machine in accordance with established procedures.

• Prepare dishwashing machine and pot washing machine for operation, maintain correct levels of water, detergents, and rinse additives, and observe gauges for correct temperatures during operation of machine. Clean, de-lime and maintain dish machine and pot machine as appropriate.

• Deliver supplies from storage and refrigerated areas to work units.

• Unload supply trucks and place supplies in correct storage areas as directed.

• Store clean dishes and trays in clean lowerators and/or storage units.

• Wash pots, pans, and serving utensils in the machine or by hand as required.

Stack or store correctly.

• Perform cleaning tasks such as: sweeping, mopping, cleaning exhaust hood, disposing of trash or waste, washing walls, delivering cardboard boxes to the recycling unit and compacting, and cleaning food production and service equipment.

• Observe aseptic techniques/procedures when passing trays or nourishments and handling isolation trays. Must adhere to infection control policies when performing this duty.

• Assemble and deliver individual and bulk nourishments.

• Set up tray line serving stations with necessary food, serving utensils, and service ware.

• On the centralized tray assembly line, assembles regular and modified diet trays, based on printed menus, tray slips or selective menus. Serves appropriate food items, in correct amounts. Maintains the pace of the tray assembly line to facilitate assembly of trays in the allotted time.

• Serve standardized portions on all food items. Use appropriate serving utensils and follow portion control guidelines.

• Wash, peel, slice, dice, shred and cut fruits and vegetables by hand or machine for use in salads or in cooking.

• Prepare a variety of fruit, vegetable, and gelatin salads. Assembles a variety of fruit, vegetable and gelatin salads along with desserts with the appropriate garnishes.

• Programs the Automated Transport System (ATS) to transport tray carts to and from patient care areas. Transports tray carts to and from nursing units. Delivers and picks up patient meal trays at bedside and in dining rooms. Notes food acceptance and patient comments, forwards information appropriately.

• Delivers individual nourishments, bulk nourishments and tube feedings to nursing unit nourishment stations and/or patient’s bedside as designated.

Accurately monitors and rotates bulk nourishments and commercially prepared tube feedings for proper utilization. Observes and reports excessive stockpiling of nourishments at patient bedside to appropriate personnel.

• Follows facility infection control policies when delivering patient trays and individual nourishments. Complies with signage regarding isolation requirements.

• Covers, labels, dates, and stores leftover food in the appropriate location.

• Returns soiled dishes, pans, and utensils to dish washing and/or pot washing area.

• Cleans and maintains a variety of powered and non-powered equipment, including refrigerators, worktables, food carts, dish lowerators, storage carts, serving counters, automated tray line, beverage dispensers, microwave ovens, thermalization units, and other equipment as required.

• Maintains proper sanitation in the work unit, utilizing the proper cleaning agents and procedures. Performs general sanitation duties including sweeping, mopping and trash removal.

• Responsible for safe and sanitary handling of food, equipment and supplies.

Promptly communicates any problems to the supervisor.

• Attends meetings and classes when assigned.

• Performs other related duties as assigned.

VIII. RESPONSIBILITIES

• Contractor work assignments will be communicated by COR to the working supervisor/manager with input from Food Service Worker Supervisors, WS-04.

Daily instructions may be in the form of printed reports, written or oral direction.

The COR may provide standard operating procedures and/or policies to the working supervisor/manager.

• Contractor shall be able to follow safe and effective work habits in performing assignments. Contractor shall use care in operating and cleaning equipment, always uses safety and/or personal protective equipment.

• Contractor shall be able to maintain satisfactory standards of neatness, cleanliness, and habits of good personal hygiene.

• Contractor shall be cooperative, courteous, patient, and tactful in dealing with patients, fellow employees and personnel from other departments.

• Contractor shall be able to communicate effectively with supervisors and other employees.

IX. Procedure for Requesting Temporary Personnel

1. The COR will communicate with the CO and contractor for replacing staff if needed. The

COR shall be responsible for providing the agency with all necessary job information for the agency to place the most qualified, competent, temporary personnel with the facility. Contractor personnel will not be considered as government employees.

2. Depending upon the category and skill level required of the temporary personnel, the facility may (1) ask the agency to provide resumes and other related information from with the facility and will select the appropriate individual(s) reviewing resume, or (2) ask the agency to select an individual with the appropriate skills and experience and arrange for that person to report to a designated work site on a specified date. Contractor shall designate a qualified employee acceptable to the facility at least two (2) working days prior to the date the temporary personnel is required to report to work. Occasionally, however, the facility may have an urgent need due to some unforeseen emergency. Should such emergency occur, the agency shall designate a qualified person acceptable to the facility within two (2) working hours prior to the time the temporary personnel are required to report to work. Should the agency be unable to provide acceptable temporary personnel in a timely manner, the facility may cancel its request with the agency.

X. Placement of Temporary Personnel with COR

Contractor shall make all necessary arrangements with the COR for the agency’s employees to report and commence work for the facility as temporary personnel. Should the COR find that within the first four (4) hours of employment, the assigned temporary personnel fail to meet the minimum qualifications for the position of the work performance of the temporary personnel is unsatisfactory, the agency shall not charge the facility for that person’s time. Upon notification, the agency shall then remove the temporary personnel from the facility work site and, if requested by the facility, provide a qualified replacement worker within 24 hours of removal.

XI. Information Security/Privacy Requirements

1. 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. The following trainings require certification before beginning work with MEDVAMC:

- VA Privacy and Information Security Awareness and Rules Behavior

- Privacy and HIPAA Focused Training

- VHA Directive 1193 Coronavirus Disease 2019 Vaccination Program for VHA Health

Care Personnel (HCP)

XII. Facility Access

1. Health screenings and tests, face coverings, and/or proof of COVID-19 vaccination status shall be required by all contract staff when accessing the MEDVAMC facility.

XIII. Personnel Policy

1. The contractor shall be responsible for protecting the personnel furnishing services under this task order. To carry out this responsibility, the contractor shall provide the following for those personnel:

• Worker’s compensation

• Professional liability insurance as directed by Contracting Officer.

• Health examinations to meet above physical standards

• Income tax withholding, and

• Social security payments

• Criminal Background Checks

XIV. Federal Holidays:

The 11 holidays observed by the Federal Government are:

New Year’s Day, Martin Luther King’s Birthday, Washington’s Birthday, Memorial Day, Juneteenth Independence Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving, Christmas. In addition to the days designated as holidays, the Government observes the following days:

Any other day designated by Federal Statute

Any other day designated by Executive Order

Any other day designated by the President’s Proclamation.

XV. Natural Disasters/Hurricanes/Emergencies: The contractor must be able to ensure staffing services are available to the VA at all times specified therein, inclusive of hurricane, disasters, and/or any other emergency condition. The contractor shall provide the Contracting

Officer and COR with its designated point of contact and contact information for emergency orders.

XVI. Authorized Personnel:

1. A Delegation of Authority memorandum will be issued after award of contract. All contract administration functions relative to the administration of this contract, excluding termination rights, will be delegated to an Administrative Contracting Officer (ACO) of the medical center.

2. After contract award, inquiries and correspondence pertaining to administration of this contract shall be addressed to the MEDVAMC. Only the Contracting Officer (C/O) is authorized to make commitments or issue changes which will affect the price, quantity, quality, or terms of this contract.

XVII. Contractor Personnel Reporting

1. Contractor's employee(s) shall report to Nutrition and Food Services (NFS) (BC 270) upon arrival at the VA for orientation and subsequently to the designated work assignment. The working supervisor/manager shall monitor personnel time and corresponds with sign-in/sign-out sheets in the NSF. Contractor workers shall be required to sign an attendance log upon reporting to work and departing from work. The working supervisor/manager shall ensure personnel are adhering to the sign-in/sign-out sheets.

2. Contractor shall be responsible for communicating the facility’s safety practices, benefits, timecards, and safety practices to the facility and to its employees. The working supervisor/manager shall communicate weekly with COR to ensure contractors time sheets reflect actual hours worked for each temporary personnel to assist in expediting and certifying monthly invoice. Contractor shall submit itemized invoices for payment directly to the COR.

XVIII. Invoice/Payment:

1. Invoices shall be paid in arrears on a Monthly basis. Invoices, shall INCLUDE, at a minimum, the following information: Contract No., Purchase Order No, indicate the full name of the temporary personnel, hourly rate of pay received by the temporary personnel for each assignment The contractor shall be responsible for all payroll withholding requirements and shall provide any and all benefits required by law to each temporary personnel. Temporary personnel shall remain the employee of the contractor and shall not receive benefits from the facility.

Invoices for NFS will be submitted to the addresses designated in this contract. In accordance with the Prompt Payment Act the Government has 30 days after receipt of a valid invoice to make payment.

Help Desk Number: 1-800-353-9791 or email: vafsccshd@va.gov

More information on OB10 invoicing is located http://www.ob10.com/us/en/veterans-affairs/.

2. Payments under this contract will be made by Electronic Funds Transfer (EFT) by the VA or

VCS Finance Center. Contractor may elect to accept the Government Purchase Card as a method of payment for all orders under $2,500 if the contractor is set up to accept credit cards.

3. The contractor shall provide the COR with detailed temporary personnel reports that include data such as: name of employee, classification specification title, start and end dates (or anticipated end date), etc., and ad hoc reports, as requested.

XIX. Estimated Staffing Requirement

1. A total of up to seven (7) staff including one working supervisor/manager. The contractor supervisor/manager will both supervise/direct the other contract staff and will also perform duties expected of the food service personnel. The contract personnel shall be available to work the following shifts:

8:00 AM-4:30 PM, 3 workers

11:30 AM-8:00 PM, 4 workers including one working supervisor/manager.

The contract personnel will be scheduled to work Friday through Tuesday each week including working on any Federal holidays and weekends. Contract personnel will not be scheduled on

Wednesdays or Thursdays. Shifts will not exceed 8 hours per day and will include an unpaid

30-minute break for lunch. Performance period is estimated not to exceed a total of 3640 total hours. The COR will communicate as needed with the assigned supervisor/manager.

2. Days worked, shift start, and end times can be changed at the discretion of the Nutrition and

Food Services Supervisor depending on department and facility needs. If additional hours are required, it must be approved by the Contractor and COR for the VAMC.

XX. Evaluation Criteria

1. The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the

Government price and other factors considered. The following factors shall be used to evaluate offers:

Technical: Contractor shall provide in Technical the capability to meet the government requirement for Food Service Workers.

Price

Past Performance: The offeror shall provide documentation of three (3) references for verification purposes of past performance which demonstrate the company's ability to meet the qualifications herein, inclusive of point of contract information and current phone numbers.

Contracting Officer’s Representative

Amanda Slover

Assistant Chief, Nutrition & Food Services (713) 578-5427

Amanda.Slover@va.gov

Program Director

Caroline Nelson

Chief, Nutrition & Food Services (713) 578-5621

Caroline.Nelson@va.gov mailto:Amanda.Slover@va.gov mailto:Caroline.Nelson@va.gov

B.4 IT CONTRACT SECURITY

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY

1. 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.

l. 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: NA

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

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 COR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/ subcontractor has access.

b. To the extent known by the contractor/subcontractor, the contractor/ subcontractor's notice to VA shall identify the information involved, the circumstances surrounding the incident

(including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant.

c. With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach. Notifications need to be made in accordance with the executed business associate agreement.

d. In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement. The contractor, its employees, and its subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with

VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident.

7. LIQUIDATED DAMAGES FOR DATA BREACH

a. Consistent with the requirements of 38 U.S.C. 5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract.

b. The contractor/subcontractor shall provide notice to VA of a "security incident" as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term

'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis.

Failure to cooperate may be deemed a material breach and grounds for contract termination.

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

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

(2) Description of the event, including:

(a) date of occurrence;

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

(3) Number of individuals affected or potentially affected;

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

(5) Ease of logical data access to the lost, stolen or improperly accessed data in light of the degree of protection for the data, e.g., unencrypted, plain text;

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

(7) The likelihood that the sensitive personal information will or has been compromised

(made accessible to and usable by unauthorized persons);

(8) Known misuses of data containing sensitive personal information, if any;

(9) Assessment of the potential harm to the affected individuals;

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

Privacy Incidents, as appropriate; and

(11) Whether credit protection services may assist record subjects in avoiding or mitigating the results of identity theft based on the sensitive personal information that may have been compromised.

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

(1) Notification;

(2) One year of credit monitoring services consisting of automatic daily monitoring of at least

3 relevant credit bureau reports;

(3) Data breach analysis;

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

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

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

8. SECURITY CONTROLS COMPLIANCE TESTING: NA

9. TRAINING

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

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

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

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

(4) Successfully complete any additional cyber security or privacy training, as required for

VA personnel with equivalent information system access [to be defined by the VA program official and provided to the contracting officer for inclusion in the solicitation document - e.g., any role-based information security training required in accordance with NIST Special

Publication 800-16, Information Technology Security Training Requirements.]

b. The contractor shall provide to the contracting officer and/or the COR a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required.

c. Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete.

(End of Clause)

SECTION C - CONTRACT CLAUSES

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:

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

FAR

Number

Title Date

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL

JAN 2011

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

ITEMS

OCT 2018

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—

COMMERCIAL ITEMS (JAN 2021) (JUL 2020) (DEVIATION)

ALTERNATE I (FEB 2000)

JAN 2021

52.217-8 OPTION TO EXTEND SERVICES NOV 1999

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

DEC 2013

C.2 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting

Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

[] 852.211–70, Equipment Operation and Maintenance Manuals.

[] 852.214–71, Restrictions on Alternate Item(s).

[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.]

[] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

[] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business

Evaluation Factors.

[] 852.215–71, Evaluation Factor Commitments.

[] 852.216–71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price

Index.

[] 852.216–73, Economic Price Adjustment—State Nursing Home Care for Veterans.

[] 852.216–74, Economic Price Adjustment—Medicaid Labor Rates.

[] 852.216–75, Economic Price Adjustment—Fuel Surcharge.

[] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.

[X] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-

Aside.

[] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

[] 852.222–70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small

Businesses in Obtaining Bonds.

[X] 852.232–72, Electronic Submission of Payment Requests.

[] 852.233–70, Protest Content/Alternative Dispute Resolution.

[] 852.233–71, Alternate Protest Procedure.

[] 852.237–70, Indemnification and Medical Liability Insurance.

[] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

[] 852.246–73, Noncompliance with Packaging, Packing, and/or Marking Requirements.

[X] 852.270–1, Representatives of Contracting Officers.

[] 852.271–72, Time Spent by Counselee in Counseling Process.

[] 852.271–73, Use and Publication of Counseling Results.

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

[] 852.273–73, Evaluation—Health-Care Resources.

[] 852.273–74, Award without Exchanges.

(b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause:

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause)

C.3 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—

MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes VAAR 852.219-10 VA Notice of Total Service- Disabled Veteran-

Owned Small Business Set-Aside.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable.