36C26120Q0256-0003002.docx

PERFORMANCE WORK STATEMENT

For VA Pacific Islands Health Care System The U.S. Department of Veterans Health Administration (VHA) 459 Patterson Road Honolulu, Hawaii

PRESCRIPTION EYEGLASSES AND OPTICIAN SERVICE

Date: 03/31/2020

1. SCOPE

1.1 The Department of Veterans Affairs (VA) has an ongoing program to provide prescription eyeglasses to veterans. VA anticipates award of an Indefinite–Delivery Indefinite- Quantity (IDIQ) type contract on a fixed price basis for the VA Pacific Islands Health Care System (VAPIHCS). The awarded contract will contain one base period of 1 year beginning on May 1, 2020 with four (4) one-year options to extend. The Department of Veterans Affairs reserves the right to exercise the option years, subject to the availability of funds. For purposes of evaluation, if the first one-year optional extension period (52.217-8) is exercised, pricing shall remain unchanged.

1.2 The contract is intended for use by VA Pacific Islands Health Care System. New clinics associated with major sites may be added during the life of this agreement.

1.3 All items provided by the contractor shall be new. The contractor shall provide completely assembled eyeglass frames placed in standard alignment and include mounting of lenses. All items provided by the contractor shall include fitting and adjustment services and a minimum of one-year warranty in accordance with (IAW) paragraph 4.3.

1.4 No retail sales are allowed on government property to veterans, veterans’ families, friends, and employees.

2. DELIVERY

2.1 The contractor shall deliver all items no later than SEVEN (7) BUSINESS DAYS after receipt of both the prescription consult (VA Form 513) and purchase order issued by Government authorized personnel against the contract. Delivery of eyeglasses shall be to the designated address of the veteran or contracted ordering facility or, as indicated on the prescription (CPRS Prosthetics ‘Eyeglass’ consult/VA Form SF 513)/purchase order issued by the Government. All eyeglasses shall be delivered as directed on the purchase order and delivery shall be made using traceable means. There may be occasion for the Government to request receipt of an expedited delivery. In such cases, the ordering activity will telephonically contact the contractor and notify the contractor of such a requirement.

2.2 The expectation is that the contractor will monitor their stock and propose a substitute before that style of frame becomes unavailable. The contractor shall notify the VA Prosthetics Contracting Officer Representative (COR) via email or fax in the event of backorders or other delays. If there is a backorder on any frame style, the contractor must contact the VA Prosthetics COR no later than 24 hours after the contractor is notified by the frame manufacturer/supplier. The contractor shall offer the VA/Veteran a substitute of equal or higher quality. If acceptable to the VA/Veteran, the substitute may be made part of the contract with a bilateral modification. The contractor’s notification shall include the cause for delay, remedy date and date of expected shipment to the designated address as indicated on the order. Failure by the contractor to provide a written notification within twenty-four (24) hours as specified above constitutes a performance failure and the Prosthetics COR will notify the CO, who in turn will undertake any action authorized pursuant to the contract or otherwise in accordance with applicable law and regulations.

2.3 The contractor shall be responsible for informing the Prosthetics COR of any Government deficiencies in writing within 24 hours in such cases as missing information, illegible prescriptions and ambiguous authorization for eyeglasses, illegible handwriting, and inability to reach the Government representative, payment delays or other issues. The contractor’s failure to notify the Prosthetics COR will not be considered an excusable delay and subject circumstances should not be alleged to have prevented the contractor from delivering the items within the time required under this contract.

2.4 Health Care system eyeglass fabrication volume - for Historical Information Only.

2.5 Prosthetics Sensory Aid Service (PSAS) Facility Addresses:

Honolulu HI 96819

Kailua-Kona, HI 96740-9724

Hilo, HI 96720-1209

Lihue, HI 96766-2018

Kahului, HI 96732-2476

Kaunakakai, HI 96748-0408

3. This is an IDIQ contract in accordance with Federal Acquisition Regulation Subpart 16.504. All quantities are listed as estimates only. The number of patients covered by this contract could increase or decrease within the VAPIHCS dependent upon beneficiaries added or removed. Estimated quantities do not include projected increases or decreases but are representative of current volume. The Government is not obligated to any specified amount of products and/or services but shall be obligated to provide payments for all items/services requested in accordance with the orders.

4. GENERAL REQUIREMENTS

4.1 The contractor shall fabricate all eyeglasses in strict conformance to the eyeglass prescription/consult that has been provided by an authorized VA staff, verify final eyeglasses with the prescription/consult, frame selection and ship all eyeglasses to the designated address, at the prices indicated in the schedule. All items provided by the contractor shall be new. Verification of prescription and delivery to the veteran or VA shall be documented and provided to the VA each month. The contractor shall not add or substitute components or alter the veteran’s prescription in any way without prior approval and written authority from the authorized VA designee.

4.2 The Government may use VA Form 10-2914 VA Purchase order to place orders with the contractor.

4.3 The contractor warrants/guarantees the eyeglasses against defective material and/or workmanship for a minimum of one year from the date of receipt. The contractor agrees to furnish without additional cost to the Government, all labor and materials necessary to correct defects that were detected during the guarantee period. Should the prescription be incorrectly filled, the contractor agrees to make corrections at no additional cost to the Government. These conditions do not apply to adjustments incidental to the wearing of eyeglasses, adjustments required by physical change of the wearer, or where there is evidence of deliberate misuse or alteration by anyone other than the contractor. For correction of a problem due to contractor error, the corrected glasses shall be returned to the eye clinic within three (3) business days of receipt of the defective glasses.

5. LENSES

5.1 All lenses shall be fabricated in strict conformance to the eyeglass prescription. All lenses shall be fabricated and provided in accordance with the latest edition standards set forth in the American National Standards Institute for Ophthalmic Lenses, ANSI Z80.1. All ophthalmic lenses shall be in accordance with Food and Drug Administration (FDA) Regulation, 21 CFR 801.410 for impact resistance, unless otherwise specified in the order by the ordering clinician. Glass ophthalmic lenses shall be chemically strengthened for impact resistance. All glass and plastic ophthalmic lenses shall be corrected curved lenses. Ophthalmic lenses with cylinder power of less than 1.5D or greater than 1.5D shall be fabricated in minus cylinder, unless a special request is made by the prescribing doctor to use plus cylinder.

All lenses shall include UV coating, and scratch resistance coating on all plastic lenses at no additional charge to the Government.

5.2 Lens descriptions/definitions:

Single Vision Lenses – Lenses shall be available in glass, plastic, polycarbonate or hi-index (1.60), Construction of single vision lenses shall include spheres, Plano-cylinders and sphero-cylinders in all powers. Clear, framed lenses and oversized blanks shall be available.

Bifocal Lenses – Lenses shall be available in glass, plastic or polycarbonate, and hi-index (1.60). Construction of bifocal lenses shall include spheres, Plano-cylinders, and sphere-cylinders in all powers. Add +0.50 to +4.00D. Clear, framed lenses and oversized blanks shall be available. Lenses shall be available in glass with flattop (FT-28, FT-35), Double D, executive and round segments, and polycarbonate with flattop segments.

Trifocal Lenses – Lenses shall be available in glass, plastic or polycarbonate. Construction of trifocal lenses shall include spheres, Plano-cylinders and sphere-cylinders in all powers. Add +1.50 to +4.00D, 50% intermediate power. Clear, framed lenses and oversized blanks shall be available. Lenses shall be available in glass with flattop (FT-28, FT-35, Double D, executive and round segments and polycarbonate with flattop segments.

Special Design Lenses -The Contractor shall provide special lens design in opaque, frosted or black, balanced lens, prismatic lens, cataract lens, polycarbonate, hi-index, over power, A/R coating, safety lenses, executive style, solid or gradient tinted (all colors) lenses, Photochromic lenses (Transitions or equivalent), aspheric lens, and slab-off prism. These requirements will be specified by the Government on the prescription or order. Updates shall be furnished upon publication.

Progressive Lenses - Lenses shall be available in glass, plastic, polycarbonate, and high index materials. Photochromic lenses must also be available. Progressive lens style / layout shall be the same for all materials from ACCU Lens, Clarity Plus or equivalent. Construction of lenses shall include spheres, plano-cylinders, and sphero-cylinders in all powers. Add powers of +1.00 to +3.50 shall be available. Non-adaptable would be replaced by lined bifocals or trifocal at no charge to the VA. Oversized blanks shall be available when needed. All lenses shall be placed in frames unless otherwise requested.

6. FRAMES

6.1 All frames shall be provided in accordance with the latest edition “American National Standard Requirements for Ophthalmic Frames” ANSI Z80.5.

6.2 The expectation is that the contractor will monitor their stock and propose a substitute before that style of frame becomes unavailable. If the manufacturer discontinues a frame during the contract period, the contractor shall provide the VA with an approved substitute frame within 5 business days. All frames offered by the contractor shall be listed in either Frames/fax or frame catalogs and not be on any discontinued models.

6.3 Frame Samples: The contractor shall submit with your technical proposal catalog(s)/descriptive literature of frames to be utilized under this contract. This catalog shall show at least thirty (30) men’s, thirty (30) women’s and twenty (20) unisex glasses and consist of both metal and plastic styles. Metal frames will include both spring-hinges and non-spring hinged both with adjustable nosepiece styles. Plastic frames should include both spring-hinged and nonhinged spring hinged styles. The frames will be evaluated for style, variety, and quality. If approved, this set will become part of the frames provided under this contract. Frames must be approved by the VA after award and prior to contract performance if there are any changes from the sample frame selection provided with the original proposal. The VA reserves the right to inspect the frame selection for any location at any time after contract award and during contract performance.

6.4 Sample Commercial Frame Kits: After contract award, the contractor shall provide frame kits, frame repair kits, and display cases to the sites specified in paragraph 6.5. Each sample kit will include a total of thirty (30) frames consisting of 10 men, 10 women and 10 unisex. This kit will include a total of 30 frames selected from samples submitted in paragraph 6.3. Each frame shall be a unique style including plastic, metal, rimless, and safety frames in a variety of colors, to allow for different eye sizes, bridge sizes, temples, colors, etc. of the most popular styles. Oversize frames (above 58) shall be included in the sample kit, as well as safety frames. Frames shall utilize materials of a quality equivalent to the following (frames without the materials below may still be provided as long as they are of comparable quality):

· Metals – Titanium, Stainless Steel, Memory Metal, Beryllium, and high quality monel.

· Plastic – High quality zyl, xyl, nylon and high quality acrylic.

Frame kits for CBOC use will be mailed to Honolulu address. For Honolulu, frames stay in the office; door is locked at night. For outer island CBOC, they have their own frame samples that are kept in a locked storage area.

Upon expiration of the contract the contractor shall collect the sample frames used at the below site at no additional cost to the VA.

6.5 Sample Kits Requirements

6.6 Frames and cases (cushioned, open-end, hard, pocket, clip-on, etc.) shall be provided at no additional charge to the Government. It shall be the patient’s preference as to which type of frames and cases they prefer.

7. UPGRADES

No upgrades are authorized under this IDIQ. Veterans are not allowed to upgrade from prescription as written or purchase additional pairs of eyeglasses from the contractor. Opticians will not accept cash, checks, or credit cards or any form of payment. No retail sales are allowed on government property to veterans, veterans’ families, friends, and employees.

8. OPTICIAN SERVICES

8.1 VA Pacific Islands Health Care System specifically the Spark M. Matsunaga Facility will provide the contractor space for an optical shop to measure and fit eligible Veterans. Outpatient Clinic locations will supply temporary space as needed to see the limited number of Veterans. Enough temporary space will be provided for vendor to provide optician service to Veterans at each CBOC.

8.2 The contractor shall provide licensed opticians and applicable staff with appropriate ophthalmic dispensary training as needed to meet the workload needs of VAPIHCS sites listed in table in paragraph 2.5 for the purpose of measuring and fitting of all Veteran patient prescriptions provided by the Optometry or Ophthalmology clinics or other network provider. Opticians will be located in the VAPIHCS Honolulu facility. CBOC locations do not require a full-time optician, however they will be provided space for the purpose of measuring and fitting of all Veteran patient prescriptions provided by the Optometry or Ophthalmology clinics or other network provider. The licensed opticians must meet the licensing/certification requirement of the State of Hawaii and/or American Territories. The licensed opticians must also be able to verify eyeglass prescription specifications provided by the Health Care System providers. A contingency plan shall be in place to insure adequate contractor coverage (licensed opticians) in the event of contractor sickness, vacations, termination of employment etc. When an optician is selected by the contractor, the CO and facility Clinical COR will have discretion on the selected optician regarding the person having suitable experience, qualifications, training and security clearance to meet the workload at the location. The Contracting Officer may require, in writing, that the contractor remove from the work any employee the Contracting Officer deems incompetent, careless, or otherwise objectionable. When handling unsatisfactory performance, the COR must: Inform the Contracting Officer immediately if contract performance is unsatisfactory. Work with the Contracting Officer to identify corrective actions, if necessary. Make sure the contractor understands that the Contracting Officer’s decisions are final. The VAPIHCS must concur with the selection of the contract opticians, and the opticians must successfully complete the vendor and VA background requirements, new employee orientation to VA procedures, and mandatory training requirements as described in paragraph 20. If any of these areas are deficient, the contract optician(s) will be unable to work at the VA location. Contractor staff performing on site at a VA facility shall always dress in a professional manner and wear appropriate identification in the performance of their duties and while on Government Facility Grounds.

8.3 Hours of operation: Contractor opticians will provide fitting, repair and measuring service for patients during normal business hours from 8:00AM to 4:30PM, Monday through Friday, excluding Federal holidays. Contractor will accommodate VA Clinic hours with last patient walk-in or appointment at 4:00 PM. Tour may vary depending upon arrangement with VA facility. The contractor shall coordinate the operating hours with the Clinical COR for the Honolulu and CBOC locations. Unless specifically authorized in writing by the Contracting Officer, no services will be provided and no charges will be incurred and/or billed to any order on this contract on any of the Federal Holidays in paragraph 8.4. If required, the CO may designate the Contractor to provide service outside of the standard 8:00 – 4:30 hours and on weekends. Tour may vary depending upon arrangement with VA facility.

8.4 Federal Holidays: The following are 10 holidays observed by the Federal Government: New Year’s Day; Martin Luther King, Jr. Birthday; Washington’s Birthday; Memorial Day; Independence Day; Labor Day; Columbus Day; Veterans Day; Thanksgiving Day; Christmas Day, and any other day designated by the President of the United States to be a federal holiday. When a holiday falls on Sunday, the following Monday will be observed as the legal holiday. When a holiday falls on a Saturday, the preceding Friday will be observed as the legal holiday.

8.5 All vacations and sick leave absences by the contracted optician must be covered by the contractor with an equally qualified, trained and VA approved optician for the entire vacation period. The contractor shall provide a replacement optician with an optician of equal or greater experience and skills for any planned or unplanned absence that exceeds 2 hours. It shall be the responsibility of the contractor to make arrangements for replacement opticians. The Contractor is responsible for contacting the VA Clinical COR and Eye Clinic for any absence exceeding two hours as early as possible. The VA is not responsible for notifying the contractor of contractor personnel tardiness or absences.

9. OPTICIAN REQUIREMENTS

9.1 The contractor’s on-site personnel shall:

a. Provide frame information and measurements to the VA Vista system.

b. Answer beneficiary questions related to the eyeglasses and eyeglasses order.

c. Contact no-show beneficiaries to determine if the beneficiaries will be obtaining eyeglasses through the VA Optical Shop. Advise the facility Clinical COR when a beneficiary declines services and annotate contact with veteran on the consult in the VA Vista System.

d. Maintain professional customer relations. Meet the needs of customers while supporting VA missions. Consistently communicate and treat customers (veterans, their representatives, visitors, and all VA staff) in a courteous, tactful, and respectful manner. Provide the customer with accurate information according to established policies and procedures. Handle conflict and customer concerns constructively and appropriately.

e. Verify with Prosthetics staff that each eyeglass order is associated with a purchase order.

f. Work closely with Clinical COR and or staff members regarding administrative issues as early as possible once issues are discovered.

g. Electronically and securely transmit all eyeglass orders to the contractor manufacturing facility.

h. Track eyeglass orders weekly with the contractor for verification of receipt of prescription or order.

i. Communicate directly with beneficiaries on optical issues as they arise (often by telephone).

j. Maintain an electronic log of phone calls from beneficiaries and document actions taken on electronic log and consult/prescription.

k. Troubleshoot all optical issues, verify eyeglass fabrication is completed as prescribed. Contact eye clinic directly for guidance and remediation for issues not related to fabrication.

l. Provide eyeglass repairs (primarily eyeglass screws and nose pads).

m. Receive eyeglasses, notify veterans that eyeglasses are ready for pick up and/or fitting and mail eyeglasses to veterans when patients are unable to go to VA for appropriate fittings. Three attempts to notify the veteran that the glasses are ready to be picked up/fitted shall be documented by the contractor within 7 calendar days on consult and electronic log. The three attempts will include a written notice if unable to reach the veteran by telephone.

n. Opticians will not enter or create prescriptions. Prescriptions will be entered by a VA licensed optometrist or VA authorized designee. Prescriptions must be linked to a VA or VA authorized appointment.

o. Other duties as commensurate.

9.2 Contractor Personnel Elements of Competence: Contractor personnel shall have the ability to interpret and dispense a prescription using appropriate lenses and facial and frame measurements. Contractor personnel must be able to fulfill the following requirements:

a. Identify anomalies in a prescription and implement the appropriate course of action.

b. Identify possible errors in a prescription and follow the appropriate course of action.

c. Identify and explain any problems which may occur from the given prescription and offers solutions, for example, aniseikonia, anisometropia.

d. Measure and verify optical appliances taking into account relevant standards where applicable.

e. Measure and verify that lenses have been produced to a given prescription within tolerances by verifying lensometry, seg height, optical centers, etc.

f. Verify that all aspects of the frame or mount have been correctly supplied. Verify prism.

g. Measure and verify that the lenses are correctly positioned in the spectacle frame/mount within tolerances

h. Match the form, type and positioning of lenses to meet all the patient’s needs and requirements and provide appropriate advice.

i. Provide necessary information for a pair of spectacles to be duplicated, to include: prescription, lens type and form, centration and fitting positions, frame details and lens surface treatments.

j. Dispense a range of lens forms to include complex lenses, multifocals and high corrections, prism, and advise on their application to specific patient’s needs.

k. Demonstrate correct interpretation of prescriptions; understand the following lens parameters: lens form, design, materials, coatings and tints, prism.

l. Demonstrate understanding of frame selection to include the following: size, materials, relationship between frames, lenses and face.

m. Demonstrate the appropriate lens and frame selection and justification (bearing in mind patients’ lifestyle requirements) and takes correct PD’s with a pupillometer at both distance and near.

n. Demonstrate appropriate frame adjustments, including tint, seg height, optical centers, nose pad adjustments, etc.

o. Manage non-tolerance cases.

p. Address problems to include verifying Rx, transitions, optical centers, seg heights, improper frame selections, etc.

10. EQUIPMENT

10.1 The contractor shall provide all necessary equipment, materials and supplies required by the opticians to perform services to include but not limited to display racks/cases, and related equipment. The contractor shall be responsible to stock the optical shop with necessary office supplies such as pens, paper, and necessary supplies in support of contractor owned equipment, including supplies needed to clean equipment in accordance with the manufacturers’ recommendations. Non- Government furnished equipment (GFE) must be compliant with Continuous Readiness In Information Security Program (CRISP) http://www.oit.va.gov/docs/oit_fact_sheet/VA_CRISP_Factsheet_12012014.pdf .

Contractor furnished equipment shall be maintained, repaired or replaced as necessary at no cost to the VA, when failure or malfunction is due to normal usage or due to the fault of the contractor.

10.2 The contractor’s opticians must have access to appropriate tools for dispensing on all premises. It shall be the contractor’s responsibility to maintain all contractor furnished items in good working and calibrated condition. Contractor furnished items include but are not limited to:

a. Adjustment and bench tools;

b. Lensometer;

c. Lens clock;

d. Frame heater;

e. P.D. Ruler;

f. Pupilometer and/ or penlight, or interpupillary measuring device;

g. Frame and lens cleaning products;

h. Thickness calipers;

i. Vertex distometer;

j. Tolerance chart;

k. Visual acuity charts

10.3 The VA (GFE) is as follows for all locations:

a. Phone Line;

b. Internet Access;

c. Telephone;

d. Computer;

e. Furniture In addition to supplying and maintaining the above listed items, the VA will furnish and maintain all waiting room furniture.

10.4 Equipment and Property Liability

Contractor is responsible for any loss, damage or destruction of Government Furnished Equipment by contracted employee(s) while at locations as defined in para 2.5. Contractor shall also be liable for all property damage or destruction caused to government property by contracted employee(s) while at all locations as defined in para 2.5.

11. PERFORMANCE AND DELIVERY

11.1 Prescriptions will be transmitted by electronic means. The contractor shall have the capability to receive orders via facsimile (fax) transmission located in a secure location not open to the public. Contractor must have Public Key Infrastructure (PKI capability). This is a combination of hardware, software, policies and administrative procedures that provide a framework to use PKI cryptography to transfer sensitive data in a secure confidential manner via email. The fax machine shall be independent from the contractor’s established phone line and be capable of receiving faxed orders. The contractor shall maintain a log of all work transmitted via fax, computer, and telephone. The log will be electronically maintained in the VA provided computer using an Excel spreadsheet. Mailing orders will only be used on an emergency basis when fax and email capabilities are non-existent/diminished exceeding 48 hours.

11.2 The Government will submit all available orders to the contractor daily. Batching of orders is not authorized by either party. Batching in this case means holding all orders to meet a minimum requirement by any or all parties. No fabrication of glasses shall begin prior to receiving a purchase order number from Prosthetics and/or Contracting.

11.3 The contractor shall immediately notify the respective Health Care System CORs and contracting activities in the event of a product recall, removal, required adjustments, or required modification that is suggested or mandated by the contractor, distributor, manufacturer, or any regulatory or official agency. The information that shall be included in this notification includes but is not limited to:

a. List of patients affected (Name and last four of SSN)

b. A complete item description, identification.

c. Administrative identification data including contract number, order numbers, and order date.

d. Reasons for recall, removal, adjustment, or modification.

e. Instructions for appropriate corrective action.

11.4 A waiver/exception to the product and service delivery requirements stated above may be granted on a case-by-case basis by the facility CORs.

12. PAYMENTS AND INVOICES

12.1 The method of payment for Optician Services shall be monthly via invoice(s) submittal to the address listed in block 18a of the contract page 1, Standard Form (SF) 1449. VA will provide purchase order numbers corresponding to each location, which the contractor shall cite in invoices. Payment shall be made in arrears, upon receipt of a properly prepared invoice referencing the services for which payment is due. Payment will not be processed until a properly completed detailed invoice is received at the address listed in block 18a of the SF1449. To ensure prompt processing of payment, it is also necessary to have the Vendor I.D. Number assigned to the contractor by the VADPC in Austin, TX included in block 18a of the SF 1449.

a. No later than 10 working days after each month, the contractor shall submit an electronically encrypted invoice via email and compact disk for all optician services provided the previous month for payment processing.

b. A detailed invoice (certified payroll) on a separate electronic spreadsheet for all opticians that provided services during the month. Spreadsheet report must include the contractor’s name, address, phone and fax number, invoice number, contract number, month of services performed, name(s) of optician(s) worked, last four of SSN, days worked, and hours worked for the pay periods requesting payment.

c. The VA will only pay for actual hours worked, up to forty (40) hours per optician per week. Invoices should be adjusted if days/hours are less than the agreed optician schedule.

12.2 The method of payment for the fabrication of prescription eyeglasses shall be individual purchase order(s) issued by Prosthetics and/or Contracting. The contractor must be Level II billing capable and able to accept the credit card for payment. If this involves additional equipment or computers this will be at the contractor’s expense. The Government issued purchase order number shall be inserted in the vendor purchase order block. The fabrication of prescription eyeglasses without proper authority, i.e. a purchase order, will result in non-payment by the VA.

a. An individual itemized invoice/order must be submitted for each eyeglass order completed. If a veteran receives more than one pair of eyeglasses, separate invoices must be submitted. Invoices will be submitted daily as eyeglass orders are completed and the purchase order/credit card has been charged.

b. The contractor shall submit detailed eyeglass delivery reports by close of business (COB) Monday for prior week’s deliveries. When a holiday falls on a Monday reports must be submitted by COB Tuesday for prior week’s eyeglass deliveries. The report shall conform with the following information on an excel spreadsheet, and must include the:

(i) ordering facility;

(ii) invoice number;

(iii) Purchase order number;

(iv) veteran’s last name; first name, last four numbers of the veteran’s social security number (SSN);

(v) invoice number;

(vi) purchase order number;

(vii) description;

(viii) HCPCS/CLIN reference numbers (V2100 SV, V2200 Bifocal and V2300 Trifocal);

(ix) shipping date;

(x) total price for each complete product and total price for all transactions.

12.3 The contractor must be capable of submitting invoices via electronic encryption transmission, in an excel format to the VAPIHCS as specified on the delivery order.

12.4 It is expected that at the onset of the contract, the vendor and VA may not be able to immediately begin the above billing process in which case the preferred method of payment may be the Government Purchase Card, and the contractor must be Level II billing capable and able to accept the credit card for payment. If this involves additional equipment or computers this will be at the contractor’s expense. The Government issued purchase order number shall be inserted in the vendor purchase order block.

12.5 Any billing discrepancies shall be addressed with the vendor for resolution within 15 days from the receipt of the comprehensive bill or individual invoice.

12.6 The VA may dispute a charge if an invoice has not been received and/or the veteran did not receive the eyeglasses. If VA disputes a charge, that charge will be deducted from the invoice amount to be paid and the contractor notified accordingly. The invoice(s) must consist of fabrication, dispensing, and/or optician services provided. The contractor may provide proof of shipment of eyeglasses with a proper invoice listed above, or proof of employees worked (certified payroll). Payment(s) can be made only after certification from the COR or designee that the prices billed are accurate and correct.

12.7 When using the Government Purchase Card, a final itemized invoice must be forwarded to the appropriate VA facility as soon as the transaction has been completed. Contractor may charge the Government Purchase Card after eyeglasses are shipped to the Veteran and verified delivery through tracking receipt. Invoice will include the delivery tracking number once shipped. In those instances when the eyeglasses are shipped to the facility, the Government Purchase Card shall not be charged until the eyeglass pair(s) are delivered and accepted at the facility and notified by the Prosthetic Service, CORs or purchasing agent via email or telephone contact. No VA purchase card information should be transmitted back to a patient on any documents with the eyeglass pairs, for information security.

13. QUALITY ASSURANCE

13.1 Quality Assurance Program

a. Contractor shall maintain an on-going quality assurance program to objectively and systematically monitor and evaluate the quality of services, resolve identified problems, pursue opportunities for improved beneficiary care and provide a self-assessment of compliance with this contract.

b. A Patient Satisfaction Survey, approved by the Contracting Officer, shall be provided to each patient with delivery of eyeglasses along with an envelope addressed to the COR. When the COR receives the information, it will be reviewed, noting any negative comments, and then it shall be forwarded to the Contractor who shall keep track of the results for each site and provide the data, trends, and comments, in a format approved by the Contracting Officer. A quarterly summary of the QC program and VA approved Patient Survey shall be submitted to the COR by the 5th workday of each new quarter. Quarters begin October 1; January 1; April 1; and July 1 of each year.

13.2 The contractor shall submit weekly reports to the ordering VA electronically (encryption is required for all patient sensitive information) with the following information via separate excel spreadsheets:

a. Work in progress to include, but not limited to all open and completed orders for the week

b. Shipping List (patient name, purchase order number, purchase order date, date shipped, number of processing days and shipping verification number)

c. Accuracy of Spectacle Fabrication List (in accordance with ANSI Z80.1 and Z80.5 Standards) for all eyeglasses fabricated for the week

13.3 If requested by the CO or VA Health Care System CORs, the contractor will need to be able to provide the following information within 48 hours:

a. Number of eyeglasses returned due to lab error

b. Average in-lab process time

c. Breakage/Spoilage rate

d. Delivery confirmation should also be included in those cases where the eyeglasses are mailed directly to patient’s residence.

14. CONTRACT ADMINISTRATION DATA

14.1 Under this contract, the Contracting officer is the only person authorized to approve changes or modify any of the requirements under this contract. The contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer is authorized to make commitments or issue changes, which will affect price, quantity, or quality of performance of this contract. In the event the contractor effects any such change at the direction of any person other than the Contracting Officer, the change shall be considered to have been made without authority and no adjustment will be made in contract price to cover any increase in costs incurred as a result thereof.

14.2 Representative of contracting officer in accordance with VAAR 852.270-1: The Contracting Officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally supervise the work to be performed under this contract. Such designation will be in writing and will define the scope and limitations of the designee’s authority.

15. CONTRACTOR PERSONNEL SECURITY REQUIREMENTS

15.1 All contractor employees and subcontractors working with sensitive VA information are subject to the same investigative requirements as those of regular VA appointees or employees who have access to the same type of data or information. These personnel shall be the subject of a background investigation and must receive a favorable adjudication from the VA Office of Security and Law Enforcement prior to contract performance. 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 prime contractor will be responsible for the actions of those individuals they provide to perform work for VA.

15.2 Position Sensitivity - The position sensitivity shall be as designated by the VA Sponsor or COR assigned to the contract. Most investigations required are Low Risk although some key positions may be designated at higher levels. The risk level designations for public trust positions and the corresponding background investigation levels are defined in VA Directive 0710.

15.3 Performance - Contract performance shall not commence prior to confirmation from the SIC that the investigative documents have been submitted. The VA Security and Investigation Center (SIC) will notify the VA Contracting Officer, VA Sponsor (COR), and the contractor upon receipt of the appropriate investigative documents.

15.4 Contractor Responsibilities - The contractor shall complete the required documents for each individual and provide a copy to the COR and the contracting officer within five days of contract award. The information is necessary for the contracting officer or designee to initiate the investigation with the VA Security and Investigation Center (SIC) in a Contractor Request Database (CRD). Email contact information must be provided for the prime contractor point of contact responsible for ensuring completion of this contract requirement. Failure to provide this information to the COR could result in the forms being returned by the SIC.

15.5 The contractor shall submit or have their employees submit directly to the VA Security and Investigation Center (SIC) the necessary forms as instructed via an email from the CRD relative to the level of background investigation requested. Contractors shall be informed of due dates to complete all portions of the investigative package. Reminder notifications will be sent if the complete package is not submitted by the due date. The contractor shall prescreen all personnel requiring access to the computer systems to ensure they are able to read, write, speak, and understand the English language. The contractor shall inform the contract employee that when filling out Standard Form 85, that there should be no gaps in employment history. Any gaps in employment history on Standard Form 85or 85P may result in the SIC rejecting the documentation for investigation.

The SIC provides a help desk and necessary forms via the VA forms web site, http://www.va.gov/vaforms/search_action.asp:

Contractor shall submit the following required forms to the VA Office of Security and Law Enforcement within 30 days of receipt:

1. Standard Form 85P, Questionnaire for Public Trust Positions

1. Standard Form 85P-S, Supplemental Questionnaire for Selected Positions

1. VA Form 0710, Authority for Release of Information Form

1. Optional Form 306, Declaration for Federal Employment

1. Optional Form 612, Optional Application for Federal Employment

1. FFD258 U.S. Department of Justice Fingerprint Applicant Chart

15.6 Contractors who have a current favorable background investigation conducted by another Federal agency may be accepted through reciprocation. Members of the SIC staff will coordinate verification of existing favorable background investigations.

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

16. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

16.1 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.

16.2 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.

16.3 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.

16.4 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.

16.5 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.

17. VA INFORMATION CUSTODIAL LANGUAGE

17.1 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).

17.2 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 onsite 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.

17.3 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.

17.4 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.

17.5 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.

17.6 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.

17.7 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.

17.8 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.

17.9 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.

17.10 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.

17.11 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.

17.12 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.

18. SECURITY INCIDENT INVESTIGATION

18.1 The term “security incident” means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/subcontractor shall immediately notify the COR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access.

18.2 To the extent known by the contractor/subcontractor, the contractor/subcontractor’s notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant.

18.3 With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information.