36C26119Q0512-001.docx

36C26119Q0512

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1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

36C26119Q0512 05-24-2019 Charles Simon 916-923-4504 05- 31-2019

1200 PST

612MCP

Department of Veterans Affairs Network Contracting Office 21 (NCO21) 5342 Dudley Blvd, Bldg McClellan CA 95652-2609 X X 561320 $27.5 Million X N/A X Department of Veteran Affairs VA Palo Alto Healthcare System 795 Willow Road Menlo Park, CA 94025

612MCP

Department of Veterans Affairs Network Contracting Office 21 (NCO21) 5342 Dudley Blvd, Bldg McClellan CA 95652-1012

Department of Veterans Affairs FMS VA-9(101) Financial Services Center PO Box 149971 Austin TX 78714-9971 See CONTINUATION Page Contractor shall provide 1 qualified Intensive Case Manager SW the VA Palo Alto Health Care System (VAPAHCS) Menlo Park Division, Domiciliary Service.

All services shall be in accordance with the attached Performance Work Statement (PWS) contained herein.

Base period of Performance: 06/12/2019 - 06/11/2020 52 weeks (Estimated upon completion of credentialing and background check).

See CONTINUATION Page X X Gary T Basile

CONTRACTING OFFICER

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR: TBD

b. GOVERNMENT: Contracting Specialist Charles Simon Department of Veterans Affairs Network Contracting Office (NCO) 21 5342 Dudley Blvd., Bldg. 209 McClellan CA 95642-1012

Contracting Officer Gary T Basile Department of Veterans Affairs Network Contracting Office (NCO) 21 5342 Dudley Blvd., Bldg. 209 McClellan CA 95642-1012

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

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly [ ]

b. Semi-Annually [ ]

c. Other [X] Monthly - in Arrears

4. GOVERNMENT INVOICE ADDRESS: Invoices will be electronically submitted to the Tungsten website at http://www.tungstennetwork.com/uk/en/ Tungsten direct vendor support number is 877-489-6135 for VA contracts. The VA-FSC pays all associated transaction fees for VA orders. During Implementation (technical set-up) Tungsten will confirm your Tax Payer ID Number with the VA-FSC. This process can take up to 5 business days to complete to ensure your invoice is automatically routed to your Certifying Official for approval and payment. In order to successfully submit an invoice to VA-FSC please review “How to Create an Invoice” within the how to guides. All invoices submitted through Tungsten to the VA-FSC should mirror your current submission of Invoice, with the following items required. Clarification of additional requirements should be confirmed with your Certifying Official (your CO or buyer). The VA-FSC requires specific information in compliance with the Prompt Pay Act and Business Requirements. For additional information, please contact:

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.

Tungsten Support Phone: 1-877-489-6135 Website: http://www.tungsten-network.com/us/en/ Department of Veterans Affairs Financial Service Center Phone: 1-877-353-9791 Email: vafscched@va.gov

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

B.2 PRICE/COST SCHEDULE

Intensive Case Manager-Social Worker Labor Hours Contract Period: Base Estimated POP Begin: 06-12-2019 Estimated POP End: 06-11-2020

Intensive Case Manager-Social Worker

Contract Period: Option 1 Estimated POP Begin: 06-12-2020 Estimated POP End: 06-11-2021

Intensive Case Manager-Social Worker

Contract Period: Option 2 Estimated POP Begin: 06-12-2021 Estimated POP End: 06-11-2022

Intensive Case Manager-Social Worker

Contract Period: Option 3 Estimated POP Begin: 06-12-2022 Estimated POP End: 06-11-2023

Intensive Case Manager-Social Worker

Contract Period: Option 4 Estimated POP Begin: 06-12-2023 Estimated POP End: 06-11-2024

36C26119Q0512

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B.3 PERFORMANCE WORK STATEMENT

1. Background:

The Health Care for Homeless Veterans (HCHV) Program at VA Palo Alto Health Care System (VAPAHCS) is an outpatient program of the Domiciliary Service, serving homeless Veterans in community-based settings. The HCHV Program seeks (1) qualified Intensive Case Manager (ICM SW’s) Social Worker to provide ongoing case management services to Veterans identified and referred by the HCHV Program and in coordination with the Care Coordination Project (CCP) of the County of Santa Clara. The primary target populations for ICM SW services include chronically homeless, chronically mentally ill Veterans, and homeless Veterans determined to be at unique risk based upon their medical and/or mental health needs. To be eligible for ICM SW case management services, referred Veterans must:

· Be eligible for VA health care as determined by VA Palo Alto Health Care System

· Be homeless or chronically homeless based upon all credible indication

· Be assessed by the ICM SW to have ongoing medical, mental health, substance abuse, and/or other serious psychosocial conditions or stressors that prevent the Veteran from obtaining and/or maintaining permanent housing on his/her own.

2. Scope of Work:

The contractor shall provide a qualified ICM SW to perform housing search and case management services required in this contract for beneficiaries of the VA Palo Alto Health Care System, Menlo Park Division, located at 795 Willow Road, Menlo Park, CA 94025. The position entails providing housing search services, assistance in housing development tasks, collaborating with community partners on outreach efforts, and on-going, Intensive Case Management Social Worker services for Veterans referred to the HCHV ICM Program. The ICM SW supports and enhances VAPAHCS philosophy and goals. They will participate in a multidisciplinary team working with Veterans experiencing homelessness and often accompanying mental health diagnoses including, but not limited to, substance use disorders, post-traumatic stress disorder, severe mental illness, and dual diagnoses. Workload occurs as a result of scheduled and unscheduled requirements for clinical care, in addition to permanent housing development and homeless outreach tasks as assigned.

The ICM shall perform all ongoing housing-related and case management services within the scope of this statement of work in the community and on-site using government furnished supplies, facilities and equipment within the Domiciliary Service. This will include an on-site workstation with desktop computer and desktop telephone. The government will provide a cell phone and a mobile computing device necessary for work while in the community. Contractor will provide their own vehicle for transportation of self and clients and are expected to drive 40 miles per day and not to exceed 300 miles per day on very rare occasions (<1 trip year average). The government will not reimburse the contractor for miles; therefore, the contractor should quote appropriately for the requirement.

3. Qualifications:

Contracted Intensive Case Managers are expected to have a combination of education and direct experience that demonstrates expertise in working with homeless and at-risk individuals who may experience barriers to housing stability including medical, mental health, substance use, legal, and financial concerns. At minimum, assigned ICM SW’s shall possess a master’s degree or be currently pursuing a master’s degree from an accredited college or university in the fields of Social Work, Sociology, Psychology, or other closely related field; and at least 2 years of full-time experience working in a case management capacity serving homeless and at-risk individuals, such as those diagnosed with a severe mental illness (SMI). All education and experience will be verified prior to contract award.

In addition, ICM SW contractors must ensure that they:

· Possess a valid California Driver’s License

· Reliable personal transportation and proof of adequate insurance

· Certify that they have no moving violations within the prior 24 months that indicate lack of safety in transporting patients (This may be negotiable dependent upon violation).

· Be proficient in English, both written and spoken

· Be proficient in using electronic documentation systems and common office software to engage in and document services

· Have extensive experience in medical record documentation (SOAP, SMART, SNAP, etc.)

· Pass a Background and/or Security Investigation

ICM SW personnel performing under this contract are expected to meet or exceed recognized National Standards as established by the Joint Commission, CARF and shall perform the services in accordance with the ethical, professional, and technical standards of the VA. ICM SW personnel shall perform services in accordance with ethical, professional, and technical standards of the healthcare industry consistent with VA policy, regulations, procedures and protocol. ICM SW personnel shall be technically proficient in the skills necessary to fulfill the requirements stated herein. ICM SW must be trained in the areas of affordable housing search and working with adults with psychosocial problems. ICM SW must have knowledge and understanding of Federal policies related to the development of affordable housing. The contractor will utilize both County HMIS and VA HOMES database to assist in their duties.

4. Knowledge Required

1) Ability to provide psychosocial assistance to a wide variety of individuals from various socioeconomic, cultural, ethnic, educational, and other diverse backgrounds. This requires knowledge of human development and behavior (physical and psychological), and the differential influences of the environment, society, and culture.

2) Ability to coordinate or provide mental health, social work, educational, health care, vocational, housing, transportation, advocacy, respite care, and recreational services, as needed.

3) Ability to work with patients and families who are experiencing a variety of psychiatric, medical, cognitive, and social problems utilizing case management best practices. Assess the psychosocial functioning and needs of patients and their family members; formulate and implement an individual service plan, identifying the patient’s problems, strengths, weaknesses, coping skills, and assistance needed. This requires judgment and skill in utilizing supportive, problem solving, or crisis intervention techniques.

4) Ability to establish and maintain effective working relationships with patients, staff, landlords, property managers, and representatives of community agencies. Ability to communicate effectively, both orally and in writing, with people from varied backgrounds.

5) Basic skill in the use of computer software applications for drafting documents, data management, and tracking. Ability to learn and utilize software programs in use by the CCP program, the COC and Veterans Healthcare Administration (VHA).

6) Knowledge of community and housing resources, how to make appropriate referrals to community and other governmental agencies for services, and ability to effectively coordinate services for the benefit of the Veteran.

7) General knowledge regarding local landlord-tenant law, fair housing, subsidized housing programs, and Housing Quality Standards (HQS).

8) Ability to independently evaluate his/her own practice through participation in performance measurement and review activities, as well as systems improvement efforts.

9) Ability to work independently with little oversight and guidance.

5. Schedule:

1) Intensive Case Managers are expected to provide services under this contract 40 hours per week, typically during regular business hours, Monday through Friday from 8:00 am-4:30 p.m. Differing hours may be needed to accommodate meetings with landlords, patients, and staff. The total hours worked per week will be no more than 40 unless there is a waiver from the Contracting Officer; ICM SWs must maintain accurate and detailed timekeeping records for billing purposes. Work under this contract shall be provided at various VAPAHCS locations and in the community. The ICM SW will be based at the VA Menlo Park Division (MPD) but will regularly work at designated and undesignated community sites throughout Santa Clara and San Mateo Counties. Annual hours required will be 2080 total.

6. Recommended Period of Performance & Contract Type:

Firm Fixed contract

7. Method of Inspection and Acceptance:

The Contracting Officer’s Representative (COR) will evaluate all deliverables submitted by the ICM SW. The COR is responsible for certifying invoices for payment for deliverables received and deemed by the COR to be acceptable. A Quality Assurance Surveillance Plan (QASP) will be used by the COR to monitor and ensure contract performance.

8. Description of Work

The primary goal of the ICM SW’s work is to enroll and case manage referred, eligible Veterans as part of the Santa Clara County Care Coordination Project (CCP) and assisting Veteran in achieving an appropriate permanent housing placement and stabilization. Case Management of Veterans will be provided at no more than a 1:30 ratio, utilizing a tapered case management approach. ICM SW’s will provide services through weekly case management until housing is achieved and during the first 3 months of tenancy. After the initial 90 days of housing services, case management may be tapered off to 2 times per month or as needed. Service level will then be determined by HCHV Coordinator/Designee and based on a vulnerability index measured response by Veteran. Housing shall be obtained within 90 days of receiving the voucher and retained by Veteran for at least 12 consecutive months. The ICM SW will perform and coordinate the housing search with Veteran to identify and secure a permanent housing unit, partnering with other supportive community services as necessary. In addition, the ICM SW may be required to attend outreach events as a part of ongoing enrollment efforts of VAPAHCS. ICM SW’s may not work with Veterans ineligible for Veterans Health Administration benefits.

The ICM SW transports assigned patients as needed to relevant service-related and housing appointments. Where it is appropriate, the ICM SW will help the participant qualify and arrange for transportation services provided by Outreach. Client-centered services will be provided to Veterans in accordance with CARF accreditation standards, VA Patient Bill of Rights, VA policies, and nationally accepted Housing First and Harm Reduction best practices. ICM SW will utilize Motivational Interviewing (MI) and Critical Time Intervention (CTI) as appropriate.

The service standards and expectations for organizations that are providing Intensive Case Management Social Worker to chronically homeless persons. The standards include providing Intensive Case Management Social Worker to help their participants to:

1) obtain permanent housing within 90 days of receiving the voucher;

2) retain their permanent housing for at least 12 consecutive months; and,

3) Improve their quality of life utilizing the Self-Sufficiency Matrix or VI-SPDAT, or other vulnerability index particularly in the area of increasing income by accessing all available entitlement programs.

Additional Tasks Include:

1. Participate in HCHV performance improvement activities including participating in chart audits at HCHV community provider sites.

2. Provide housing search assistance by locating suitable housing in the community and maintaining an inventory of safe, available units accepting rental subsidies; assisting Veterans with completion and submission of rental applications and credit reports; communicating with landlords to secure and maintain housing; conducting outreach to prospective landlords and property management groups on behalf of homeless Veterans with a focus on underutilized areas of Santa Clara County, and educating individuals and organizations on the benefits of leasing to Veterans; meeting Veterans at housing units both for viewing and walk-through purposes; assisting Veterans in obtaining move-in and security deposit assistance, as well as furniture and other household items (ICM SW is not required to provide transportation of these items); facilitating individual and group housing search classes; creating outreach materials for landlords; maintaining an inventory of housing developments and landlords whom have previously accepted rental subsidies and may have future available units; conducting landlord appreciation efforts and events; participating in Public Housing Authority (PHA) sponsored landlord outreach and appreciation events; serving as a Public Housing Authority (PHA) certified inspector for Veterans’ housing units (contingent upon approval by the PHA)

3. Provide and document housing-related advice to patients via telephone and in-person using required documentation systems including CPRS, HOMES, HMIS, and/or other required centralized documentation systems that may be developed during the course of contract

4. Complete continuing education to meet his or her professional growth and specialty standards

5. Attend /complete VA mandatory training requirements

6. Participate in scheduled meetings to review and evaluate the services provided to Veterans, identify opportunities to improve the services delivered, and recommend corrective action when problems exist

7. Coordinate with other stakeholders in the VAPAHCS such as the Domiciliary Residential programs, inpatient units and PACT teams

8. Perform necessary administrative duties which include operation of VISTA and computerized electronic patient record (CPRS)

9. Comply with information security policy and procedures

10. Interpersonal relationships – ICM SW works effectively with Veterans, families, co-workers and other health care and housing professionals

11. Hourly requirements are 40 hours per week of services. The majority of work will take place during daytime hours (8:00am-4:30pm). Any changes to this schedule must be approved by the COR

12. Transportation services for the participants will include the following approaches:

13. The ICM SW transports Veterans as needed to relevant service-related appointments

14. Where it is appropriate, ICM SW will help the participant qualify and arrange for transportation services

9. Program Referrals

The ICM SW will receive all program participants for the HCHV ICM SW Program from VAPAHCS or Care Coordination Project. The ICM SW will locate, reach out to, and engage Veterans in order to determine if the Veteran is eligible for the program. Once eligibility and appropriateness of fit has been confirmed, the ICM SW will enroll the Veteran and commence case management services while pursuing appropriate rental subsidy through the CCP’s Permanent Supportive Housing Program Manager, Soo Jung, or designee.

10. Outcomes

The ICM SW will report on Veteran service status on a monthly basis and provide a completed quarterly Quality Assurance Surveillance Plan (QASP).

11. Measurement Methodology

1) Quarterly reviews of Help Management Information System (HMIS)

2) Quarterly QASP Reviews with COR (VA)

3) CPRS (VA)

4) HOMES (VA)

12. Documentation

ICM SW’s shall ensure that all enumerated performance objectives are achieved per contract specifications, as demonstrated through regular and ongoing data collection, monthly reporting clearly documenting the achievement of desired outcomes, and quarterly QASP reports. The ICM SW is required to enter into the Homeless Management Information System (HMIS) database all relevant information for the program participants—including the Self-Sufficiency Matrix and VI-SPDAT information (as appropriate) and provide the appropriate reports on a timely basis. In addition, the ICM SW will enter required data into the VA’s Homeless Operations Management and Evaluation System (HOMES), as well as the electronic patient record (CPRS).

The ICM SW will provide additional service-related reports to the COR as requested. ICM SW must comply with all HOMES documentation requirements which includes but are not limited to:

· Assessment

· Intake

· Treatment Plan

· Treatment Plan Updates

· Weekly case management notes (or less as clinically appropriate after Veteran is housed)

· Discharge planning notes

· Collateral contact notes

· Notes on outreach activity as appropriate

13. Training:

The ICM SW will attend all trainings required by the VA and the Care Coordination Project (CCP), including HCHV Quarterly Training sessions, TMS, and licensure if appropriate. Including but not limited to:

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:

i. 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;

ii. Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training; and

iii. Successfully complete the appropriate VA privacy training and annually complete required privacy training.

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.

d. Complete annual mandatory training by using the mandatory packet, attending training in person, or by going on-line to complete the training. Complete mandatory security training, sign computer security agreement, receive training on the mandatory private policy, and receive copy of the Privacy Directive, VA Directive 6504, Restrictions on Transmission, Transportation and Use of, and Access to VA Data Outside VA Facilities. The Compliance and Business Integrity Training & Education—Contract (Revenue Cycle) Employees includes the following training:

i. Awareness Training: Contractor employees shall complete initial compliance awareness training under this contract as well as complete annual compliance awareness refresher training. At a minimum, CBI awareness training will include the following topics: (a) the revenue cycle, (b) seven elements of an effective compliance program, (c) definition of high-risk areas, and (d) definition of any compliance concerns and how to address a compliance concern. This requirement can be fulfilled by completing the training module available via the following Internet site: http://www.visn21.med.va.gov/CBI.asp

ii. Remedial Training: When notified, contract employees must complete remedial training and education to address any detected compliance exceptions.

iii. Proof of Training: Contract employees are responsible for submitting proof of awareness and remedial training completed to the Contracting Officer’s Representative (COR) for this contract. The COR will retain proof of training in accordance with applicable Records Control Schedule.

14. VAPAHC’S Rights of Refusal:

VAPAHCS reserves the right to refuse to accept any ICM SW employee who fails to perform in accordance with the contract requirements, or who fails to adapt to the VAPAHCS work environment. VAPAHCS reserves the right to refuse or dismiss contract personnel whose personal or professional conduct jeopardizes patient care or the regular and ordinary operation of the facility. Reasons for refusal or dismissal include, but are not limited to, unsatisfactory performance prior to and/or during the term of the contract, failure to receive favorable adjudication during a VA background investigation, failure to satisfy the requirements of the contract, physical or verbal abuse to patients, staff, or visitors, intoxication or debilitation resulting from drug use, theft, patient abuse, dereliction or negligence in performing directed tasks, ethical misconduct, conduct resulting in formal complaints by patients or other staff members, and any other valid reason considered objectionable.

15. Substitution of Personnel

The ICM SW shall utilize the personnel named in its quotation to perform the services required under this contract. In the event that any of the personnel named in the quotation are unable to perform the duties of this task order, for any reason such as death, illness, and resignation from the ICM SW’s employ, the ICM SW shall promptly submit to the Contracting Officer and COR, in writing, a detailed explanation of the circumstances necessitating the substitution. The ICM SW shall submit a completed ICM SW Change form (see ICM SW Change Request), a resume for the proposed substitute, and any other information that may be needed to approve or disapprove the proposed substitution.

The Government shall have the right to require replacement of any ICM SW or employee assigned to work on this contract, if the employee is determined not to possess the experience or ability required under the contract, or if said employee is for any other reason found to be unsuitable to perform the work required by the contract. The replacement must meet the Support Personnel requirements stated in the RFQ. Any substitution of personnel will occur without any increase to the contract price and without delay in the performance or delivery of services to the Government.

16. Contractor Personnel Security Requirements - Information Systems Access

The C&A requirements do not apply; a Security Accreditation Package is not required.

The contractor, their personnel, and their subcontractors shall be subject to the Federal laws, regulations, standards, and VA Directives and Handbooks regarding information and information system security as delineated in this contract.

All Contractor employees, who require access to Department of Veterans Affairs (VA) computer systems and will work more than six (6) months (180 days) under this contract, shall be the subject of a background investigation and must receive a favorable adjudication from the VA SIC. This requirement is applicable to all subcontractor personnel requiring the same access. If the investigation is not completed prior to the start date of the contract, the Contractor will be responsible for the actions of those individuals they provide to perform work for VA.

Contractor personnel who previously received a favorable adjudication as a result of a Government background investigation may be exempt from this contract requirement provided that they can provide documentation to support the previous adjudication. Proof of previous adjudication must be submitted by the Contractor to VA SIC through the VA Contracting Officer. Proof of previous adjudication is subject to verification by the VA SIC. Some positions maybe subject to periodic re-investigation.

For those Contractor employees who will work less than six (6) months (180 days) under this contract, a background investigation is not required; however, such employees will be required to initiate a Special Agreement Check (SAC) for Fingerprint Only prior to providing services under this contract.

a. Position Sensitivity - The position sensitivity has been designated as: Low Risk

b. Background Investigation - The level of background investigation commensurate with the required level of access is: NACI

c. Contractor Responsibilities. In order to conduct a background investigation, the Contractor shall submit or have their contract personnel submit the required forms to the COR. The COR will arrange a time for contract personnel to complete fingerprint verification.

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

a. Information systems that are designed or developed for or on behalf of VA at non-VA facilities shall comply with all VA directives developed in accordance with FISMA, HIPAA, NIST, and related VA security and privacy control requirements for Federal information systems. This includes standards for the protection of electronic PHI, outlined in 45 C.F.R. Part 164, Subpart C, information and system security categorization level designations in accordance with FIPS 199 and FIPS 200 with implementation of all baseline security controls commensurate with the FIPS 199 system security categorization (reference Appendix D of VA Handbook 6500, VA Information Security Program). During the development cycle a Privacy Impact Assessment (PIA) must be completed, provided to the COR, and approved by the VA Privacy Service in accordance with Directive 6507, VA Privacy Impact Assessment.

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

c. The standard installation, operation, maintenance, updating, and patching of software shall not alter the configuration settings from the VA approved and FDCC configuration.

Information technology staff must also use the Windows Installer Service for installation to the default “program files” directory and silently install and uninstall.

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

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

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

g. The contractor/subcontractor agrees to:

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

(a) The Systems of Records (SOR); and (b) The design, development, or operation work that the contractor/subcontractor is to perform;

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

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

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

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

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

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

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

j. The vendor shall notify VA within 24 hours of the discovery or disclosure of successful exploits of the vulnerability which can compromise the security of the Systems (including the confidentiality or integrity of its data and operations, or the availability of the system). Such issues shall be remediated as quickly as is practical, but in no event longer than __2__ days.

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

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

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

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

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

c. Outsourcing (contractor facility, contractor equipment or contractor staff) of systems or network…