36C25924Q0086.docx

SUBJECT*

Translation and Interpretation Services

GENERAL INFORMATION

Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111

POINT OF CONTACT*

Contract Specialist Christine Jarvis Christine.Jarvis@va.gov 303-712-5784

PLACE OF PERFORMANCE

ADDRESS

Topeka Kansas

COUNTRY

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

EMAIL DESCRIPTION

DESCRIPTION

Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice

TRANSLATION AND INTERPRETATION SERVICES

Combined Synopsis/Solicitation Notice

Combined Synopsis/Solicitation for Translation and Interpretation Services

I. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items,” 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.

II. This is a Request for Quote (RFQ) Solicitation number 36C25924Q0086. The government anticipates awarding a firm-fixed price contract resulting from this solicitation.

III. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2022-08.

IV. This acquisition is set-aside for 100% Service-Disabled Veteran Owned Small Business (SDVOSB). The North American Industry Classification System (NAICS) code is 541930 - Translation and Interpretation Services with a small business size of $22.5 Million. The PSC is R608 Support - Administrative: Translation and Interpreting.

V. Department of Veterans Affairs, Network Contracting Office 19 Located at 6162 S. Willow Drive, Suite 300, Greenwood Village, Colorado 80111, in support of the VA Member Services Call Center in Topeka, KS is seeking to procure services in accordance with the Scope of Work and price schedule. The Contractor shall price for Translation and Interpretation Services.

VI. All interested parties shall provide quotations for the following services in accordance with the Statement of Work (SOW):

Note: Scope of Work for this requirement begins on Page 8 of 20

VII. Place of performance is for this project is VA Member Services call center phone locations within VHA Member Services nationwide: Topeka, KS; Fort Riley, KS; Waco, TX; Hot Springs, SD; Atlanta, GA; and Canandaigua, NY.

VIII. Period of performance has a one-year base period of 04/01/2024 to 03/31/2025 with four (4) 12-month option periods.

IX. The provision at 52.212-1, Instructions to Offerors-Commercial Product and Commercial Services, applies to this acquisition.

ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS Provisions 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 version of FAR 52.212-1 in the addendum is tailored for Simplified Acquisition Procedures and supersedes the current version of FAR 52.212-1 contained in the FAR.

OFFER SUBMITTAL INSTRUCTIONS:

1. Offeror shall submit offers by Due Date/Time specified in section XV. Late quotes will not be considered.

1. Offeror shall acknowledge all amendment acknowledgements as part of their quote.

1. Offeror shall submit the completed Price Schedule Table from Section VI.

1. Completed 852.219-75 VA Notice of Limitations on Subcontracting – Certificate of Compliance for Services and Construction (Nov 2022) (DEVIATION). (Attachment 3)

1. Technical Capability Documents.

1. The quote shall include three (3) relevant past performances evaluations with a rating along with their quote.

Offers received that do not comply with the terms and conditions of the solicitation and/or have missing documentation may be considered con-compliant and eliminated from evaluation.

(End of Provision) X. The provision at 52.212-2 Evaluation – Commercial Items applies to this acquisition.

Addendum to 52.212-2 EVALUATION—SIMPLIFIED ACQUISITION PROCEDURES

(a) Basis of Award: 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 Government will evaluate offers based on price and other factors. Evaluation of quotes will be conducted utilizing Simplified Acquisition Procedures in accordance with FAR 13.106-2(b)(3), Evaluation of Quotations or Offers, using comparative evaluation. Comparative evaluation is the side by side pairwise comparison of quotes based on factors resulting in a Contracting Officer decision for the quote most beneficial to the Government. The Government reserves the right to consider a quotation other than the lowest price. Quotations may exceed minimum requirements of the solicitation. The Government reserves the right to select a quotation that provides a benefit to the Government that exceeds the minimum requirements of the solicitation but is not required to do so. Each offer must meet the requirements of the solicitation to be considered for evaluation.

Please read each section below carefully for the submittals and information required as part of the evaluation. Offers missing the requested information below, as well as the items listed in the Addendum to FAR 52.212-1, Instructions to Offerors, shall be considered non-compliant and may be removed from the evaluation process.

a. Technical Capability - Technical Capability Offerors shall submit documentation illustrating a clear description of the management methodology that will be used for executing the effort described in the Statement of Work (SOW). This description shall include staffing approach, background investigation considerations, meeting deliverable deadlines, identifying, and managing risks, identification of all planned facilities to be used in support of the effort, and details of how the proposed effort will be assigned within the corporate entity and among any proposed subcontractors. There is an eight (8) page limit, any pages after page 8 may not be evaluated.

b. Price – The Government will evaluate the price schedule submitted by each offeror. Contractors shall submit pricing on Section VI; firm fixed unit pricing shall include all labor, overhead, profit, materials, and associated costs of the like to provide services. Pricing shall not be handwritten on Section VI to ensure they are legible. The offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers.

c. Past Performance - The quote shall include three (3) relevant past performances evaluations with their quote. The Government reserves the right to obtain past performance information from any available source and may contact customers other than those identified by the Offeror when evaluating past performance. If an offeror has no record of relevant past performance record or if information is not available, they will not be rated favorably or unfavorably.

(b) Options - The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). For the purposes of the award of this Contract, the Government intends to evaluate the option to extend services under FAR 52.217-8 as follows: The evaluation will consider the possibility that the option can be exercised at any time and can be exercised in increments of one to six months, but not for more than a total of six months during the life of the contract. The evaluation will assume that the prices for any option exercised under FAR 52.217-8 will be at the same rates as those in effect under the contract at the time the option is exercised. The evaluation will therefore assume that the addition of the price or prices of any possible extension or extensions under FAR 52.217-8 to the total price for the basic requirement and the total price for the priced options has the same effect on the total price of all proposals relative to each other and will not affect the ranking of proposals based on price, unless, after reviewing the proposals, the Government determines that there is a basis for finding otherwise. This evaluation will not obligate the Government to exercise any option under FAR 52.217-8.

(c) Acceptance of Offer. A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Provision)

XI. FAR 52.212-3 – OFFERORS REPRESENTATION AND CERTIFICATIONS – COMMERCIAL ITEMS

Offerors must complete annual representations and certifications electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal in accordance with FAR 52.212-3, “Offerors Representations and Certifications–Commercial Items.” If paragraph (j) of the provision is applicable, a written submission is required.

XII. FAR 52.212-4 – CONTRACT TERMS AND CONDITIONS – COMMERIAL ITEMS (November 2021), applies to this requirement.

Addendum to XI. FAR 52.212-4 – CONTRACT TERMS AND CONDITIONS – COMMERIAL ITEMS (November 2021)

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:

52.252-2 Clauses Incorporated by Reference (FEB 1998) http://www.acquisition.gov/far/index.html (FAR) and http://www.va.gov/oal/library/vaar/index.asp (VAAR)

52.204-13, System for Award Management Maintenance 52.204-16 Commercial and Government Entity Code Reporting (AUG 2020) 52.204-18, Commercial and Government Entity Code Maintenance 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (NOV 2021) 52.217-8 Option to Extend Services (NOV 1999) 52.217-9 Option to Extend the Term of the Contract (MAR 2000);

52.222-19 Child Labor-Cooperation with Authorities and Remedies (Jan 2022) 52.232-19 Availability of Funds for the Next Fiscal Year (APR 1984) 52.239-1 Privacy or Security Safeguards (AUG 1996);

XIII. FAR 52.212-5 – CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (October 2022), applies to this requirement. The additional clauses below are incorporated by reference.

52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

52.204–27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117–328).

52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred 52.216-18, Ordering 52.216-19, Order Limitations 52.216-22, Indefinite Quantity 52.219–27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022) (15 U.S.C. 657f).

52.219-28, Post Award Small Business Program Representation (Oct 2022) (15 U.S.C 632(a)(2)).

52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance 52.222-54 , Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

52.222-55, Minimum Wages Under Executive Order 13658 (Jan 2022).

52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 202022) (E.O. 13706).

52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) 52.224-2, Privacy Act 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C. 3332).

52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

XIV. VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020) 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.

852.201-70, Contracting Officer’s Representative 852.203–70, Commercial Advertising.

852.204-71, Information and information Systems Security.

852.209–70, Organizational Conflicts of Interest.

852.211-76, Liquidated Damages – Reimbursement for Data Breach Costs Alternate I.

852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

852.219-73, VA Notice of Total Set-Aside for Certified Service-Disabled Veteran-Owned Small Businesses (Deviation).

852.219-74, Limitations on Subcontracting – Monitoring and Compliance 852.219-75, VA Notice of Limitations on Subcontracting – Certificate of Compliance for Services and Construction (Nov 2022) (DEVIATION) (Attachment 3) 852.232–72, Electronic Submission of Payment Requests.

852.233–70, Protest Content/Alternative Dispute Resolution.

852.233–71, Alternate Protest Procedure.

852.239-76, Information and Communication Technology Accessibility.

852.242-71, Administrative Contracting Officer 852.270–1, Representatives of Contracting Officers.

852.273–70, Late Offers.

XV. This is not a Defense Priorities and Allocations System (DPAS) rated requirement.

XVI. Offers are due 01-12-2024 @ 14:00 MST. All questions/inquiries must be submitted to the contract specialist via electronic mail (e-mail) not later than 01-05-2024 @ 14:00 MST. Inquiries submitted via telephone calls will be re-directed to an e-mail submission.

XVII. Submit offers or any questions to the attention of Christine Jarvis via email to: christine.jarvis@va.gov.

STATEMENT OF WORK

Department of Veterans Affairs (VA) Veteran’s Health Administration (VHA) Member Services: Translation Services

PART 1 GENERAL

Interpretation services to translate all commonly spoken foreign languages into the English language.

1.1 SCOPE

1.1.1 Member Services (MS) contact centers require a call-in service to assist employees with translating foreign languages into the English language during inbound and outbound telephone calls with customers. Foreign languages in need of translation services and compliance requirements have been identified and further defined below.

1.1.2 The contractor shall provide foreign language translation services into English for the following languages:

Afrikaans, Akan, Albanian, Amharic, Arabic, Armenian, Ashante, Assyrian, Azerbaijani, Azeri, Bajuni, Bambara, Basque, Behdini, Belorussian, Bengali, Berber, Bosnian, Bravanese, Bulgarian, Burmese, Cakchiquel, Cambodian, Cantonese, Catalan, Chaldean, Chamorro, Chao-chow, Chavacano ,Chin, Chuukese, Cree, Croatian, Czech, Dakota, Danish, Dari, Dinka, Diula, Dutch, Estonian, Ewe, Farsi, Fijian, Hindi, Finnish, Flemish, French, French, Canadian, Fukienese, Fula, Fulani, Fuzhou, Ga, Gaddang, Gaelic, Gaelic – Irish, Gaelic – Scottish, Georgian, German, Gorani, Greek, Gujarati, Haitian Creole, Hakka, Hakka – Chinese, Hassaniyya, Hausa, Hebrew, Hindi, Hmong, Hungarian, Ibanag, Ibo, Icelandic, Igbo, locano, Indonesian, Inuktitut, Italian, Jakartanese, Japanese, Javanese, Kanjobal, Karen, Kashmiri, Kikuyu, Kinyarwanda, Kirundi, Korean, Kosovan, Kotokoli, Kpelle, Krio, Kurdish, Kurmanji, Lakota, Laotian, Latvian, Lingala, Lithuanian, Luganda, Luo, Lusoga, Luxembourgeois, Maay, Macedonian, Malagasy, Malay, Malayalam, Malinke, Mandarin, Mandingo, Mandinka, Marathi, Marshallese, Mien, Mina, Mirpuri, Mixteco, Moldavan, Mongolian, Montenegrin, Navajo, Neapolitan, Nepali, Nigerian Pidgin, English, Norwegian, Nuer, Oromo, Pahari, Pampangan, Pashto, Patois, Pidgin English, Polish, Portuguese, Portuguese, Creole, Pothwari, Pulaar, Punjabi, Putian, Quichua, Romanian, Russian, Samoan, Sango, Serbian, Shanghainese, Shona, Sichuan, Sicilian, Sindhi, Sinhalese, Slovak, Slovenian, Somali, Soninke, Sorani, Spanish, Sudanese Arabic, Sundanese, Susu, Swahili, Swedish, Sylhetti, Tagalog, Taiwanese, Tamil, Telugu, Thai, Tibetan, Tigre, Tigrinya, Toishanese, Tongan, Toucouleur, Tshiluba, Turkish, Twi, Ukrainian, Urdu, Uyghur, Uzbek, Vietnamese, Visayan, Wenzhou, Wolof, Yiddish, Yoruba and Yupik.

1.1.3 Member Services has a requirement for Certified Sign Language Interpreters. The contractor shall be responsible for all materials and tools required for these professional interpreters. Nationally certified American Sign Language Interpreters shall be used for staff meetings, training, one-on-one meetings with supervisors, and various events which may arise. The Government shall not be liable for maintaining interpreter’s personal certification.

1.2 BACKGROUND

1.2.1 Americans with Disabilities Act (ADA) of 1990 states; The Government shall provide “reasonable accommodation” and “effective communication”. The federal government is also mandated to provide reasonable accommodations via the Rehabilitation Act of 1973. Providing sign language interpreter services is one means of appropriate accommodation for VA employees.

1.3 LOCATION

1.3.1 Site of the requirement is all call center phone locations within VHA Member Services nationwide: Topeka, KS; Fort Riley, KS; Waco, TX; Hot Springs, SD; Atlanta, GA; and Canandaigua, NY.

1.3.2 Services for contact center phone translation will be conducted using a toll free phone number and will not physically be at the contact center locations.

1.3.3.a Contractor will provide toll free number access within 24 hours of contract award.

1.3.4 Services for American Sign Language video remote interpreting will be conducted using Microsoft Teams.

1.4 PERIOD OF PERFORMANCE

Base Year: 04/01/2024 to 03/31/2025 Option Year 1: 04/01/2025 to 03/31/2026 Option Year 2: 04/01/2026 to 03/31/2027 Option Year 3: 04/01/2027 to 03/31/2028 Option Year 4: 04/01/2028 to 03/31/2029

PART 2 REQUIREMENTS

2.1 REQUIREMENTS FOR CONTACT CENTER LANGUAGE TRANSLATION VIA PHONE

2.1.1 The contractor shall be compliant with all HIPAA and VA privacy standards.

2.1.2 The contractor shall provide this service 24 hours per day, 7 days per week, and 365 days per year. Including the following federal holidays, and if emergency services are required for national disaster: New Year’s Day, Martin Luther King, Jr.’s Birthday, Washington’s Birthday (President’s Day), Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day.

2.1.3 The contractor shall provide this telephone interpreter service for a minimum of 800 users within MS.

2.1.4 The contractor shall provide a toll-free telephone number line for the above stated users to access the Tele-Interpreter services.

2.1.5 The final output of this work will be a service which allows all MS Contact Representatives (CR), Social Service Representatives (SSR), and all other frontline staff the ability to communicate with callers through telephonic language support representatives to resolve customer issues.

2.1.6 The contractor shall provide foreign language translation services into the English language for successful facilitation and communication of translated language from the MS employee to the caller and from the caller to the MS employee. Thereby effectively translating both MS employee and their caller’s questions/answers.

2.1.7 The contractor shall not begin charging for per minute usage of services until the call has been connected to the requested language translator.

2.1.8 The contractor shall not stipulate a minimum charge amount requirement.

2.1.9 The contractor shall provide a monthly report to MS contracting personnel, to include the Contracting Officer Representative (COR), with usage rates and contact durations for each MS business line. A pie chart depicting languages used is the preferred modality.

2.1.10 The contractor shall submit invoices the month after the services were provided.

2.1.11 The contractor will identify who is responsible to advise VHA MS of system outages and how (cause) and provide immediate notification to VHA MS and projected time of latency. Updates on outages will be provided at a minimum of hourly until service restoration.

2.1.12 The contractor shall include a monthly report, in a format that is easily readable and understandable (i.e., pie chart) that depicts the monthly, per minute, usage per language. This report shall be attached to the invoice submission.

2.2 REQUIREMENTS FOR AMERICAN SIGN LANGUAGE VIDEO REMOTE INTERPRETING

2.2.1 The contract interpreter agency shall respond to requests for services Mondays through Friday during normal business hours; 7:30AM – 4:00PM EST, acknowledging receipt of request via email “within 1 hour” after the request was submitted.

2.2.2 Current National Certification with the Registry of Interpreters for the Deaf (RID), National Association of the Deaf (NAD), or Board for Evaluation of Interpreters Certification (BEI) card must be in the interpreter’s possession at time of assignment and presented if requested.

2.2.3 Those contractors interested in participating shall have a minimum of five (5) years’ experience providing American Sign Language (ASL) interpreting services.

2.2.4 Services encompass: interpret from English to ASL, ASL to English, English to a contact variety, and oral interpreting as needed accurately, truthfully and faithfully. All parties involved agree that all information obtained while on assignment(s) be kept strictly confidential and shall not be used or disclosed to others before or after completed assignment(s) per the RID Code of Professional Conduct; including names of employees, content of discussion, and place of interpretation.

2.2.5 The Sign Language Interpreter(s) certification information shall be kept up to date. The Contractor shall ensure that current copies of all applicable documents including, but not limited to updated/renewed certifications are on file for each Sign Language Interpreter assigned to task orders and if needed made available upon request to the VHA CC.

2.2.6 The contractor or the sign language interpreter(s) shall not discuss personal business; distribute personal business cards or promote personal “causes” while on assignment in order to develop clientele from assignment(s) originating from the VHA CC. The sign language interpreter(s) working through the contractor shall receive orientation for and adhere to the Federal Government’s rules of protocol, ethics, procedures and professionalism while on assignment(s). This training shall be completed on the interpreters own time and the VHA CC shall not be billed for this training time.

2.2.7 The sign language interpreter(s) shall be well groomed and dressed in a manner appropriate for a business environment.

2.2.8 Any sign language interpreter(s) whose professional conduct is questionable warrants an immediate review at the discretion of the COR, the Deaf/hard of hearing employee, the on-site point of contact (POC), and the Contracting Officer (CO) – reference RID Professional Code of Conduct.

2.2.9 The contract interpreter shall use Microsoft Teams to provide the interpreting services.

2.2.10 The contractor shall provide the interpreter with all tools and devices necessary to conduct video remote interpreting services.

2.2.11 Sign Language Interpreter(s) shall stay on the assignment(s) for the indicated time. Sign Language interpreter(s) shall report to the contact person at each assignment(s) for notification and permission to leave. This includes all assignment(s) regardless of length. Assignment(s) will be between the hours of 7:30 a.m. and 4:00 p.m. EST.

2.2.12 On occasion, it may be necessary for the government to make a request for services with less than a three-hour notice. If a request is made with less than a three-hour notice, the contractor shall accept the assignment provided and have a Sign Language Interpreter(s) available to satisfy the request and arrive(s) on or before the requested time.

2.2.13 The Sign Language Interpreter(s) shall keep all appointments(s), but if a sign language interpreter(s) should cancel, the Contractor shall assume responsibility for notifying the COR and their representative no later than 24-hours prior and provide a substitute interpreter(s). If no interpreter(s) are available, the contractor shall inform the COR and representative.

2.2.14 The contractor shall submit invoices the month after the services were provided.

PART 3 SECURITY

The contractor shall ensure adequate LAN/Internet, data, information, and system security is in place and in accordance with VA standard operating procedures, standard contract language, conditions, laws, and regulations. The contractor’s firewall and web server shall meet or exceed the government minimum requirements for security. All government data shall be protected behind an approved firewall. Any security violations or attempted violations shall be reported to the VA project manager and VA Information Security Officer (ISO) as soon as possible. The contractor shall follow all applicable VA policies and procedures governing information security, especially those pertaining to certification accreditation. No recording, copying, or transcriptions of these calls or their interpretation will be permitted with this contract, unless expressly approved in advance by MS Management. No paper or electronic notes by individual interpreter may contain any Personally Identifiable Information (PII) or Personal Health Information (PHI) of the Veteran and/or caller. All paper interpreter notes will be removed from the individual interpreter’s work area no later than the end of each business day. All paper notes will be destroyed by shredding and shall not be discarded with other office trash.

The contractor shall have the ability to interpret from English to ASL, ASL to English, English to a contact variety, and oral interpreting as needed accurately, truthfully and faithfully per the Code of Professional Conduct, keeping all information confidential including names of employees, content of discussion, and place of interpretation.

3.1 CONTRACTOR FURNISHED EQUIPMENT

3.1.1 Contractor will be responsible for supplying all equipment necessary to meets the requirements of the contract.

3.2 CONTRACTOR PERSONNEL SECURITY

3.2.1 All contractor and subcontractor employees requiring access to the Department of Veterans Affairs (VA) computer systems shall be the subject of a background investigation and must receive a favorable adjudication from the VA Security and Investigations Center (07C). If the security clearance investigation is not completed prior to the start date of the contract, the employee may work on the contract while the security clearance is being processed, but the contractor will be responsible for the actions of those individuals they assign to perform work for the VA.

3.2.2 Background Investigation: The position sensitivity for this effort has been designated as Low Risk and the level of background investigation is a National Agency Check with Written Inquiries.

3.3.3 Contractor Responsibilities: The Contractor shall:

a. Bear the expense of obtaining background investigations. If the investigation is conducted by the Office of Personnel Management (OPM) through the VA, the contractor shall reimburse the VA within 30 days.

b. Provide background investigations from investigating agencies other than OPM are permitted if the agencies possess an OPM and Defense Security Service Certification. The Vendor Cage Code number must be provided to the Security and Investigations Center (07C), which will verify the information and advise the CO whether access to the computer systems can be authorized.

c. The contractor shall prescreen all personnel requiring computer system access to ensure they maintain U.S. citizenship and are able to read, write, speak and understand the English language.

d. Provide (after contract award and prior to contract performance) the following information, to the CO:

(1) List of names of contractor personnel.

(2) Social Security Number of contractor personnel.

(3) Home address of contractor personnel or the contractor's address.

e. The contractor, when notified of an unfavorable determination by the Government, shall withdraw the employee from consideration from working under the contract.

f. Failure to comply with the contractor personnel security requirements may result in termination of the contract for default.

g. Further, the contractor shall be responsible for the actions of all individuals provided to work for the VA under this contract. In the event that damages arise from work performed by contractor provided personnel, under the auspices of this contract, the contractor shall be responsible for all resources necessary to remedy the incident.

3.4.4 Government Responsibilities:

a. The VA Security and Investigations Center (07C) will provide the necessary forms to the contractor or to the contractor's employees after receiving a list of names and addresses.

b. Upon receipt, the VA Security and Investigations Center (07C) will review the completed forms for accuracy and forward the forms to OPM to conduct the background investigation.

c. The VA facility will pay for investigations conducted by the OPM in advance. In these instances, the contractor will reimburse the VA facility within 30 days.

d. The VA Security and Investigations Center (07C) will notify the CO and contractor after adjudicating the results of the background investigations received from OPM.

e. The COR will ensure that the contractor provides evidence that investigations have been completed or are in the process of being completed.

PART 4 ELECTRONIC AND INFORMATION TECHNOLOGY STANDARDS - INTERNET / INTRANET USAGE

4.4.1 The contractor shall comply with Department of Veterans Affairs (VA) Directive 6102 and VA Handbook 6102 (Internet/Intranet Services).VA Directive 6102 sets forth policies and responsibilities for the planning, design, maintenance, support, and any other functions related to the administration of a VA Internet/Intranet Service Site or related service (hereinafter referred to as Internet). This directive applies to all organizational elements within the Department. This policy applies to all individuals designing and/or maintaining VA Internet Service Sites to include, but not limited to, full time and part time employees, contractors, interns, and volunteers. This policy applies to all VA Internet/Intranet domains and servers utilizing VA resources. This includes, but is not limited to, va.gov domains and other extensions such as, “.com, .edu, .mil, .net, .org,” and personal Internet service pages managed from individual workstations.

4.4.2 VA Handbook 6102 establishes Department-wide procedures for managing, maintaining, establishing, and presenting VA Internet/Intranet Service Sites or related services (hereafter referred to as “Internet”). The handbook implements the policies contained in VA Directive 6102, Internet/Intranet Services. This includes, but is not limited to, File Transfer Protocol (FTP), Hypertext Markup Language (HTML), Simple Mail Transfer Protocol (SMTP), Web pages, Active Server Pages (ASP), e-mail forums, and list servers.

VA Directive 6102 and VA Handbook 6102 are available at: https://dvagov.sharepoint.com/sites/OITOIS/KnowledgeService/Pages/Information-Security-Policy.aspx

4.4.3 In addition, any technologies that enable a Network Delivered Application (NDA) to access or modify resources of the local machine that are outside of the browser's” and box" are strictly prohibited. Specifically, this prohibition includes signed-applets, or any ActiveX controls delivered through browser sessions. ActiveX is expressly forbidden within the VA, while .NET is only allowed when a waiver has been granted by the VA CIO PRIOR to use. JavaScript is the preferred language standard for developing relatively simple interactions (e.g., forms validation, interactive menus, etc.) and Applets (J2SE APIs and Java Language) for complex network delivered applications.

PART 5 CONFIDENTIALITY AND NONDISCLOSURE

5.5.1 The preliminary and final deliverables and all associated working papers, application source code, and other material deemed relevant by the VA which has been generated by the contractor in the performance of this task order are the exclusive property of the U.S. Government and shall be submitted to the CO at the end of the task order.

5.5.2 The CO will be the sole authorized official to release verbally or in writing, any data, draft deliverables, final deliverables, or any other written or printed materials pertaining to this task order. No information shall be released by the contractor. Any request for information relating to this task order presented to the contractor shall be submitted to the CO for response.

PART 6 VAAR – 804.1970 INFORMATION SECURITY POLICY CONTRACTOR GENERAL RESPONSIBILITIES

6.6.1Contractors, subcontractors, business associates, and their employees who are users of VA information or information systems, or have access to VA information and VA sensitive information shall—

(a) Comply with all VA information security and privacy program policies, procedures, practices, and related contract requirements, specifications, and clauses, this includes complying with VA privacy and confidentiality laws and implementing VA and Veterans Health Administration (VHA) regulations (see 38 U.S.C. 5701, 5705, 5721-5728, and 7332; 38 CFR 1.460 through 1.496, 1.500 through 1.527, and 17.500 through 17.511), the Health Insurance Portability and Accountability Act of 1996 (HIPAA) (Pub. L. 104-191), and the Privacy Act of 1974 (as amended) (5 U.S.C. 522a);

(b) Complete VA security awareness training on an annual basis;

(c) Complete VHA's Privacy and HIPAA Training on an annual basis when access to protected health information (PHI) is required;

(d) Report all actual or suspected security/privacy incidents and report the information to the contracting officer and contracting officer's representative (COR), as identified in the contract or as directed in the contract, within one hour of discovery or suspicion;

(e) Comply with VA policy as it relates to personnel security and suitability program requirements for background screening of both employees and non-employees who have access to VA information systems and data.

(f) Comply with directions that may be issued by the contracting officer or COR, or from the VA Assistant Secretary for Information and Technology or a designated representative through the contracting officer or COR, directing specific activities when a security/privacy incident occurs;

(g) Sign an acknowledgment that they have read, understand, and agree to abide by the VA Information Security Rules of Behavior (VA National Rules of Behavior) as required by 38 U.S.C. 5723, FAR 39.105, and the clause at 852.204-71, Information and Information Systems Security, on an annual basis. The VA Information Security Rules of Behavior describe the responsibilities and expected behavior of contractors, subcontractors, business associates, and their employees who are users of VA information or information systems, information assets and resources, or have access to VA information;

(h) Maintain records and compliance reports regarding HIPAA Security and Privacy Rules (see 45 CFR part 160) compliance in order to provide such information to VA upon request to ascertain whether the business associate is complying with all applicable provisions under both rules' regulatory requirements; and

(i) Flow down requirements in all subcontracts and Business Associate Agreements (BAAs), at any level, as provided in the clause at 852.204-71, Information and Information Systems Security.

Quality Assurance Surveillance Plan (QASP)

Department of Veterans Affairs (VA) Veteran’s Health Administration (VHA) Member Services

Contract Description: The objective of this Contract is to establish a Contract with a Contractor to support and leverage Health Insurance Portability and Accountability (HIPPA) mandated transactions by increasing connectivity and decreasing paper processing for Revenue Transaction Processing.

1. PURPOSE: Each Contractor is required to submit a QASP thirty (30) calendar days after the Contract award date that outlines how the Contractor plans to provide continued uninterrupted quality of service.

This QASP provides a systematic method to evaluate performance for the stated Contract and explains the following:

a. What shall be monitored?

b. How monitoring shall take place?

c. Who shall conduct the monitoring?

d. How monitoring efforts and results shall be documented?

This QASP does not detail how the Contractor accomplishes the work. Rather, the QASP is 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.

This QASP is a “living document” and the Government shall review and revise it on a regular basis.

However, the Government shall coordinate changes with the Contractor. Copies of the original QASP and revisions shall be provided to the Contractor and Government officials implementing surveillance activities.

2. GOVERNMENT ROLES AND RESPONSIBILITIES: The following personnel shall oversee and coordinate surveillance activities.

a. Contracting Officer (CO): The CO shall ensure performance of all necessary actions for effective Contracting, ensure compliance with the Contract terms, and shall safeguard the interests of the United States (U.S) in the Contractual relationship. The CO shall also assure 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.

Assigned CO:

Assigned CS:

b. Contracting Officer’s Technical Representative (COR): The COR is responsible for technical administration of the Contract and shall assure proper Government surveillance of the Contractor’s performance. The COR shall keep a quality assurance file. The COR is not empowered to make any Contractual commitments or to authorize any Contractual changes on the Government’s behalf.

Assigned COR:

c. Other Key Government Personnel: Upon award, Government shall enter name, if applicable and shall include Performance Monitors, Clinical Quality experts, etc. who act on behalf of the COR to monitor performance.

3. CONTRACTOR REPRESENTATIVES: The following employees of the Contractor serve as the Contractor’s PM for this Contract.

Assigned PM:

4. PERFORMANCE STANDARDS: Performance standards define desired services. The Government performs surveillance to determine if the Contractor exceeds, meets or does not meet these standards.

The Performance Requirements Summary Matrix below includes performance standards. The Government shall use these standards to determine Contractor performance and shall compare Contractor performance to the Acceptable Quality Level (AQL).

4.1. Non- Priced Deliverables

Performance Standards:

Government approved standard/frequency standard.

Documentation shall be comprehensive, accurate, and written in a format and text that is understandable to a wide range of users and within the described monthly accuracy standard.

Non-Priced Deliverables Specific to this Contract:

The below performance metrics are associated with this deliverable:

Provide monthly report consisting of usage rates, contact duration, language translations.

2.1.10 Ninety eight percent (98%) monthly accuracy

The Contractor shall provide a Monthly Status Report Electronically in Microsoft 2010 or higher

COR

e-Business Project Team

LAN/Internet Data Information & System Security.

3.1 One hundred percent (100%) monthly accuracy

The Contractor shall provide a Monthly Status Report Electronically in Microsoft 2010 or higher

COR

e-Business Project Team

Security Training TMS 10176, Rules of Behavior; TMS 10203 HIPPA Training.

3.2 One hundred percent (100%) monthly accuracy

The Contractor shall provide a Monthly Status Report Electronically in Microsoft 2010 or higher

COR

e-Business Project Team

Background Investigation IAW Section 508 Standards

3.4 One hundred percent (100%) monthly accuracy

The Contractor shall provide a Monthly Status Report Electronically in Microsoft 2010 or higher

COR

e-Business Project Team

Include pie chart format to depict common languages used

5. METHODS OF QA SURVEILLANCE:

Various methods exist to monitor performance. The COR and PO shall use the surveillance methods listed below in the administration of this QASP for the above deliverables.

a. Direct Observation: Can be performed periodically or through 100% surveillance.

b. Periodic Inspection: Evaluates outcomes on a periodic basis. Inspections shall be scheduled daily, weekly, monthly, quarterly, annually or unscheduled, as required based in part of results of Quality Assurance (QA) surveillance results.

c. User Survey: Combines elements of validated user complaints and random sampling. Random surveys shall be conducted to solicit user satisfaction, generate inspections, and sampling.

d. Validated User/Customer Complaints: The COR and PO shall identify deficiencies, investigate and validate complaints.

e. Periodic Sampling: This is a variation of random sampling. A sample is only taken when a problem/deficiency is suspected. Sample results are applicable only for the specific work inspected.

Sampling is not entirely random and cannot be applied to total activity performance.

f. Random Sampling: Designed to evaluate performance by randomly selecting and inspecting a sample of uploads.

g. Progress or Status Meetings: Held with the Contractor to elicit and provide feedback.

h. Analysis of Contractor’s Monthly Progress Reports: Submitted electronically to the COR and

PO.

6. RATINGS: Metrics and methods are designed to determine if performance exceeds, meets, or does not meet a given standard and acceptable quality level. A rating scale shall be used to determine a positive, neutral, or negative outcome. The following ratings shall be utilized:

a. Positive Outcome: Performance meets or exceeds standards.

b. Neutral outcome: Performance meets or exceeds standards and/or shall not meet performance standards but shall be within three percent (3%) of the performance target for the non-highest priority standard for no more than two (2) consecutive months for no more than two (2) standards.

c. Negative outcomes: Performance does not meet standards and/or shall not meet performance standards.

7. DOCUMENTING PERFORMANCE:

a. Acceptable Performance: The Government shall document positive performance. Any report shall become a part of the supporting documentation for any Contractual action.

b. Unacceptable Performance: When unacceptable performance occurs, a written notice shall be issued to the Contractor, outlining the performance measure(s) that is not met. The Contractor shall provide a written corrective action plan to the COR within ten (10) business days. The COR shall document the discussion and place it in the COR file.

The COR shall prepare a Contract Discrepancy Report (CDR), and present it to the Contractor's PM.

The Contractor shall acknowledge receipt of the CDR in writing. The CDR shall specify if the Contractor is required to prepare a corrective action plan to document how the Contractor shall correct the unacceptable performance and avoid a recurrence. The CDR shall state how long after receipt the Contractor must present this corrective action plan to the COR. The Government shall review the Contractor's corrective action plan to determine acceptability.

All CDR’s shall become a part of the supporting documentation for any Contractual action deemed necessary by the CO.

8. FREQUENCY OF MEASUREMENT: During Contract performance, the COR shall periodically analyze whether the negotiated frequency of surveillance is appropriate for the work being performed.

Various methods cited in para 5 shall be utilized.

9. FREQUENCY OF PERFORMANCE ASSESSMENT MEETINGS: The COR shall meet with the Contractor annually to assess performance and shall provide a written assessment. Feedback shall be provided quarterly.

After award, both the Contractor’s PM and the COR shall sign this document.

Signature – Contractor Program Manager

Signature – Contracting Officer’s Representative

852.219-75 VA Notice of Limitations on Subcontracting Certificate of Compliance for Services and Construction

VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION)

(a) Pursuant to 38 U.S.C. 8127(l)(2), the offeror certifies that—

(1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows:

(i) [ X ] Services. In the case of a contract for services (except construction), the contractor will not pay more than 50% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219-73 or certified VOSBs listed in the SBA certification database as set forth in 852.219-74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Other direct costs may be excluded to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service as set forth in 13 CFR 125.6.

(ii) [ ] General construction. In the case of a contract for general construction, the contractor will not pay more than 85% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219-73 or certified VOSBs listed in the SBA certification database as set forth in 852.219-74. Any work that a similarly situated certified SDBOSB/VOSB subcontractor further subcontracts will count towards the 85% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(iii) [ ] Special trade construction contractors. In the case of a contract for special trade contractors, the contractor will not pay more than 75% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219-73 or certified VOSBs listed in the SBA certification…