36C26121Q0832.docx

36C26121Q0832

PAGE 1 OF

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

640-21-3-058-0075 36C26121Q0832 Larry Facio

(916) 923-4553 07-12-2021 4:00pm

PDT

612MCP

Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Northern California HealthCare System 5342 Dudley Blvd, Bldg 209 McClellan

CA

95652-2609 X X 561320 $30 Million N/A X VA Northern California Healthcare System 5342 Dudley Blvd., Bldg. 209 McClellan

CA

95652

612MCP

Department of Veterans Affairs Department of Veterans Affairs VA Northern California HealthCare System 3230 Peacekeeper Way, Bldg. 209 McClellan

CA

95652-1012

Department of Veterans Affairs FMS VA-9(101) Financial Services Center PO Box 149971 Austin

TX

78714-9971 Contractor Shall Provider 2.0 FTE Psychiatrist In Accordance With Performance Work Statement.

Indefinite Delivery, Indefinite Quantity (IDIQ) Period of Performance: 08/01/21 to 07/31/22.

640-3610160-058-820300-2560 0100203D1 X X Larry Facio 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:

b. GOVERNMENT: Contracting Officer 36C261 LARRY FACIO Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Northern California HealthCare System 5342 Dudley Blvd, Bldg 209 McClellan CA 95652-2609

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:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

Department of Veterans Affairs FMS VA-9(101) Financial Services Center

PO Box 149971 Austin TX 78714-9971 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 PRICE/COST SCHEDULE

Contractor shall provide Psychiatrist services for eligible Veterans at VAPAHCS. All services shall be provided in accordance with the specifications, terms and conditions contained herein.

The guaranteed minimum, for the contract is $1,000.00. The maximum of the contract, inclusive of ordering periods, shall not exceed $1,500,000.00. The Government does not guarantee that it will place any orders under this contract in excess of the guaranteed minimum award amount.

ITEM INFORMATION

Locum Tenens contract for 2 full-time, onsite Psychiatrists for 12 months to work at the inpatient mental health units at VAPAHCS-Palo Alto Division. (2x 2080 hours).

Contract Period:

POP Begin: 08-01-2021 POP End: 07-31-2022 PRINCIPAL NAICS CODE: 561320 - Temporary Help Services PRODUCT/SERVICE CODE: Q519 - Medical - Psychiatry

Per diem for psychiatrists, 7 days a week. (2 x 365 days) (Do not invoice for providers that reside in VAPCHS locale) Contract Period:

POP Begin: 08-01-2021 POP End: 07-31-2022 PRINCIPAL NAICS CODE: 561320 - Temporary Help Services PRODUCT/SERVICE CODE: Q519 - Medical - Psychiatry

B.3 DELIVERY SCHEDULE

4,160.00

730.00

36C26121Q0832

Page 1 of Page 1 of Performance Work Statement for

2.0 FTE Psychiatrist Services located at

Veterans Affairs Palo Alto Health Care System

Non-Personal Service to provide legal services to specified Veterans as specified by the Network Contracting Officer (NCO) representing the VA Palo Alto Health Care System (VAPAHCS) in accordance with commercial standard practice as required by public law.

Contractor shall provide the services of Board Certified/Board Eligible Psychiatrist(s) psychiatry physicians services at VAPAHCS, 3801 Miranda Avenue, Palo Alto, California 94304.

The general assignment will be 5 days a week at the VAPAHCS Acute Inpatient Mental Health Units. The normal work schedule will be Monday through Friday from 8:00am to 4:30pm., with a ½ hour non-paid lunch break. Federal holidays are excluded from normal work schedule hours of operation. Contract provider will generally work (8) hours per day, (40) hours per week. The Director for Inpatient Mental Health Services, or designee, will provide the work assignments for the psychiatrist/s and will provide clinical direction.

Psychiatrist(s) will not provide on-call evening, weekend and holiday psychiatric coverage.

* Note: No premium payment will be made for working federal holidays *

Work will commence immediately upon completion of credentialing and privileging, as well as, orientation. Orientation at the VAPAHCS is approximately one week.

The psychiatrist/s will be required to work cooperatively with other psychiatrists, nurse practitioners, psychologists, social workers, registered nurses, and a variety of allied health professionals to deliver comprehensive health care services to adult patients.

Work Environment: VAPAHCS has one separate patient care building for mental health. Much of the work occurs within a typical office setting, either individually or in meeting with others, or in meeting rooms. Some time will be spent walking to and from the inpatient units on buildings with time spent on inpatient units involved with patients, nursing staff or other staff in activities typical of a mental health care facility.

Physical Requirements: The contractor must provide documentation that demonstrates that the contractor employee has a current physical that includes a current TB test and Hepatitis B vaccination. Proof that a two-step tuberculosis skin testing is up to date must be received prior to starting employment. If the psychiatrist has had a negative test within the past 12 months, a single step test will be done. In both instances, documentation must be received prior to starting employment. Contractor must also provide documentation that demonstrates that the contractor employee has a history of chicken pox, varicella vaccine, or a positive immune status for Varicella.

Period of Performance: August 1, 2021 to July 31, 2022.

A. DUTIES AND RESPONSIBILITIES: Perform all duties and responsibilities of a staff psychiatrist. Duties include but are not limited to: admission/discharge, treatment and professional direction of inpatient care, psychiatric consultations, rounds, attending treatment team meetings.

Mental Health Services include:

Acute Inpatient Mental Health unit - 40 beds Consults to Acute Medicine/Surgery inpatient units Psychiatric Assessment in the emergency department

Primary work assignment will be: Acute Inpatient Mental Health at VAPAHCS.

Must be clinically competent to perform examinations, diagnosis, therapeutic treatment, be effective in handling emergencies, patient management and documentation in patient records. Must be effective in teaching (patient education, co-workers, consultation to other teams, interaction with trainees). Must be effective in planning and should have sound decision making skills.

Individual to provide professional direction and participate in the treatment team (which includes clinical staff – psychologists, nurses, nursing assistants, licensed practical nurses, social workers, social work associates, dietitians, recreation therapists); evaluate, develop and implement treatment plans; complete admission and discharge reports; prepare examining physician’s reports for courts on commitment cases, attend court hearings to provide testimony as needed. A progress note must be completed for each episode of inpatient care.

B. MISCELLANEOUS DUTIES AND RESPONSIBILITIES:

a. Individual will follow and meet all medical center policies, rules and regulations.

b. Individual will participate in organization meetings as requested.

c. Maintains patient confidentiality and security of operations.

d. The medical center utilizes a computerized medical record system. The psychiatrist must be familiar with personal computers, have adequate typing skills to perform data entry (progress notes, psychiatrist orders, and clinical reminders), and be able to navigate through windows-based computer programs. Training on the computerized medical record system will be provided by the medical center.

e. Psychiatrists are encouraged to type their own notes into the electronic patient record. However, dictation technology can be utilized at the request of the provider.

Credentials Requested: Application package provided by VAPAHCS to be completed by the candidate. This includes: Curriculum vitae, current references, signed release of information from candidate, and statement that candidate does not have any physical or mental health condition that would adversely affect his/her ability to carry out assigned duties, and additional credentialing and privileging forms. Candidate will also be required to make application through the VET-PRO Internet process. Candidate will need to be enrolled in VET-PRO by our Credentialing and Privileging Coordinator at VAPAHCS, Angela Boese. The website address is: https://fcp.vetpro.org. Our facility ID number is: 640.

National Practitioner Identification: Prior to starting work or on the first day of work the contracted individual or contractor must provide the VA with the contracted individual's National Practitioner Identification (NPI) number. If the contracted individual does not have a NPI number he/she must make application and receive the number prior to beginning work at the VA. The website for an on-line application is: https://nppes.cms.hhs.gov/NPPES/Welcome.do. It may take up to a few weeks to receive the NPI number - so early application is advised.

C. QUALIFICATIONS:

Personnel assigned by the contractor to perform the services covered by this task order must be a citizen of the United States and have a Degree of Doctor of Medicine or an equivalent degree resulting from a course of education in medicine or osteopathic medicine. Provider must also possess a current, full and unrestricted license in a State, Territory, or Commonwealth of the United States or the District of Columbia (or be Board Certified/Eligible) to practice medicine or surgery. The psychiatrist is required to be currently certified in Basic Life Support (BLS) and to maintain the certification during their work at the medical center. BLS Certification must be obtained through an organization as recognized by the American Heart Association.

Personnel assigned by the contractor to perform the services covered by this task order shall be proficient in written and spoken English (38 USC 7402). Contractor’s assigned personnel must be computer literate as patient documentation is directly inputted in the patient’s electronic medical record.

The qualifications of such personnel shall also be subject to review by the VA Chief of Staff and approved by the VA Facility Director. The Contracting Officer will be notified prior to any changes in personnel. VA reserves the right to approve the assignment of individual personnel furnished by the contractor to perform the functions specified in the task order. The personnel assigned by the Contractor must complete VA credentialing process for delineation of clinical privileges in accordance with VHA Handbook 1100.19.

The contracted individual will be required to show two proofs of identification on their first day of work. Acceptable proof of identification is listed below:

Acceptable PICTURE IDs:

· State-Issued Driver’s License

· State DMV-Issued ID Card

· US Passport

· Military ID/Dependents Card

· Foreign Passport

· Permanent Resident Card/Alien Registration Card w/Photo

Acceptable NON-PICTURE IDs:

· Social Security Card

· Certified Birth Certificate

· State Voter Registration Card

· Native American Tribal Document

· Certificate of US Citizenship Certificate of Birth Abroad Issued by Dept of State

D. NATIONAL HOLIDAYS

The 10 holidays observed by the Federal Government are: New Year’s Day (January 1st), Martin Luther King’s Birthday (3rd Monday in January), Presidents’ Day (3rd Monday in February), Memorial Day (last Monday in May), Independence Day (July 4th), Labor Day (1st Monday in September), Columbus Day (2nd Monday in October), Veterans Day (November 11), Thanksgiving Day (4th Thursday in November), Christmas Day (December 25th) and any other day specifically declared by the President of the United States to be a national holiday.

When one of the above designated legal holidays falls on a Sunday, the following Monday will be observed as a legal holiday. When a legal holiday falls on a Saturday, the preceding Friday is observed as a holiday by U.S. Government agencies.

E. SERVICES:

1. The services specified may be changed by written modification to this task order. The VA contracting officer will prepare the modification.

2. This is a non-personnel services contract. There is no employer-employee relationship between the VA and the contractor or the contractor’s employee(s).

3. The services to be performed by the contractor will be performed in accordance with VA policies and procedures and the regulations of the medical staff bylaws of the VA facility.

4. Other necessary personnel for the operation for the operation of the services contracted for at the VA will be provided by the VA at levels mutually agreed upon which are compatible with the safety of the patient and personnel and with quality medical care programming.

5. Contractor is required to maintain medical liability insurance for the duration of this task order. Contractor must indemnify the Government for any liability producing act or omission by the contractor, its employees and agents occurring during contract performance.

6. The Government may evaluate the quality of professional and administrative services provided, but retains no control over the medical, professional aspects of services rendered.

F. JOINT COMMISSION (JC) STANDARDS: Where the task order does not require JC accreditation or other regulatory requirements regarding work competency, the Contractor must perform the required work in accordance with JC standards. The contractor is required to develop and maintain the following documents for each contractor employee working on the task order; credentials and qualifications for the job; a current competence assessment checklist (an assessment of knowledge, skills, abilities and behaviors to perform a job correctly and skillfully; includes knowledge and skills required to provide care for certain patient populations, as appropriate); a current performance evaluation supporting ability of the contractor employee to successfully perform the work required in this solicitation and the listing of relevant continuing education for the last two years. The contractor will provide current copies of these records at the time of task order award and annually on the anniversary date of task order award to the VA COR, or upon request, for each Contractor employee working on the task order.

G. HHS/OIG

To ensure that the individuals providing services under the task order have not engaged in fraud or abuse regarding Sections 1128 and 1128A of the Social Security Act regarding federal health care programs, the contractor is required to check the Health and Human Services - Office of Inspector General (HHS/OIG), List of Excluded Individuals/Entities on the OIG Website (www.hhs.gov/oig) for each person providing services under this task order. Further the Contractor is required to certify in its proposal that all persons listed in the contractor’s proposal have been compared against the OIG list and are NOT listed. During the performance of this task order the Contractor is prohibited from using any individual or business listed on the List of Excluded Individuals/Entities.

H. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (HIPAA)

Contractor must adhere to the provisions of Public Law 104-191, Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the National Standards to Protect the Privacy and Security of Protected Health Information (PHI). As required by HIPAA, the Department of Health and Human Services (HHS) has promulgated rules governing the security and use and disclosure of protected health information by covered entities, including the Department of Veterans Affairs (VA). In accordance with HIPAA, the Contractor may be required to enter into a Business Associate Agreement (BAA) with VA. VA has recognized Locum Providers as entities that do not require a BAA with their contractors as long as they are conducting health care on VA’s behalf – Psychiatrist qualifies as a medical service – therefore, no BAA is required.

I. CONFIDENTIALITY OF PATIENT RECORDS

a. The Contractor, as a VA provider, will assist in the provision of health care to patients seeking such care from or through VA. As such, the Contractor is considered as being part of the Department health care activity. Contractor is considered to be a VA provider for purposes of the Privacy Act, Title 5 U.S.C. 552a. Further, for the purpose of VA records access and patient confidentiality, Contractor is considered to be a VA contractor for the following provisions: Title 38 U.S.C. 5701, 5705, and 7362. Therefore, Contractor may have access, as would other appropriate components of VA, to patient medical records including patient treatment records pertaining to drug and alcohol abuse, HIV, and sickle cell anemia, to the extent necessary to perform its contractual responsibilities. However, like other components of the Department, and not withstanding any other provisions of the task order, the Contractor is restricted from making disclosures of VA records, or information contained in such records, to which it may have access, except to the extent that explicit disclosure authority from VA has been received. The Contractor is subject to the same penalties and liabilities for unauthorized disclosures of such records as VA.

b. The records referred to above shall be and remain the property of VA and shall not be removed or transferred from VA except in accordance with U.S.C.551a (Privacy Act), 38 U.S.C. 5701 (Confidentiality of claimants records), 5 U.S.C. 552 (FOIA), 38 U.S.C. 5705 (Confidentiality of Medical Quality Assurance Records) 38 U.S.C. 7332 (Confidentiality of certain medical records) and federal laws, rules and regulations. Subject to applicable federal confidentiality or privacy laws, the Contractor, or their designated representatives, and designated representatives of federal regulatory agencies having jurisdiction over Contractor, may have access to VA ‘s records, at VA’s place of business on request during normal business hours, to inspect and review and make copies of such records.

J. CONTRACTOR PERSONNEL SECURITY REQUIREMENTS: (required if order exceeds 180 days)

All contractor employees who require access to the Department of Veterans Affairs' computer systems 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 task order performance. This requirement is applicable to all subcontractor personnel requiring the same access. If the investigation is not completed prior to the start of the task order, the contractor will be responsible for the actions of those individuals they provide to perform work for VA.

1. Position Sensitivity - The position sensitivity has been designated as low risk.

2. Background Investigation - The level of background investigation commensurate with the required level of access is National Agency Check with Written Inquiries.

3. Contractor Responsibilities

a. The contractor shall bear the expense of obtaining background investigations. If the Office of Personnel Management (OPM) conducts the investigation, the contractor shall reimburse VA within 30 days. If timely payment is not made within 30 days from date of bill for collection, then VA shall deduct the cost incurred from the contractor’s 1st month’s invoice(s) for services rendered.

b. The contractor shall submit or have their employees submit the following required forms to the VA Office of Security and Law Enforcement within 30 days of receipt:

c. The Contractor shall inform the contract employee that when filling out Standard Form 85P, that there should be no gaps in employment history. Any gaps in employment history on Standard Form 85P may result in OPM rejecting the documentation for investigation.

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

e. Failure to comply with the contractor personnel security requirements may result in termination of the task order for default.

f. The contractor awarded the task order will provide after task order award notification and prior to contract performance a listing of contractor personnel that will be performing services under the task order that will require access to VA computer systems to the Contracting Officer within two business days. This list will include names, social security numbers, and home addresses of contractor’s personnel.

g. The contractor may utilize a private investigating agency if such agency possesses an OPM and Defense Security Service certification. A Cage Code number must be provided to the VA Office of Security and Law Enforcement. VA Office of Security and Law Enforcement will verify the information and advise the contracting officer whether contractor’s access to the computer systems can be authorized.

h. The contractor shall be responsible to provide evidence to the Contracting Officer that investigations have been completed or in the process of being requested within 30 calendar days from receipt of award.

i. All contractor employees and subcontractors requiring access to VA computer network are required to complete VA’s Security Awareness Training course annually either on-line or hard copy.

j. The contractor will notify the COR immediately when their employee(s) no longer require access to VA computer systems.

4. Government Responsibilities

a. The contracting officer will forward the names, social security numbers, and addresses of the contractor’s employees to the Office of Security and Law Enforcement.

b. The Office of Security and Law Enforcement will provide the necessary investigative forms to the contractor or to the contractor's employees, coordinate the background investigations, and notify the contracting officer and contractor of the results of the investigations.

c. The VA facility will pay for requested investigations in advance. A bill for collection will be sent to the contractor to reimburse the VA facility. The contractor will reimburse the VA facility within 30 days. If timely payment is not made within 30 days from date of bill for collection, then VA shall deduct the cost incurred from the contractor’s 1st month’s invoice(s) for services rendered.

d. The current fees associated with background investigations are $225.00 each for low level investigation, $900.00 each for medium level investigation, and $2,950 each for high level investigation. See paragraph one (1) above for the position sensitivity that has been assigned to this task order.

K. SECURITY TRAINING:

Contractor employee is required to complete security training and sign a VA Computer Access Agreement prior to having access to VA computer system. In addition, if providing medical services, Contractor employee will attend Computerized Patient Record System (CPRS) training prior to providing any patient care services, including on-call/emergency coverage at VA. The contractor employee will document patient care in CPRS to comply with all VA and JCAHO standards.

As VA routinely reviews and updates policies and procedures covering contractor computer access, security requirements may change during the term of this contact and new polices and procedures may be implemented unilaterally during the term of this agreement.

L. PERSONNEL POLICY:

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

- Workers compensation

- Professional liability insurance

- Health examinations and evidence including:

a. Evidence of a current physical examination (within one year)

b. Evidence of Hepatitis B immunity (hepatitis immune titer, if provider has had the series of shots; if no immunity, evidence that provider has started the Hepatitis B vaccination series.)

c. Evidence of a current TB Skin Test and recent (within the last year) chest X-ray if there is a history of positive TB skin test

d. Evidence of history of chicken pox, varicella vaccine, or a positive immune status for Varicella

- Income tax withholding, and

- Social security payments.

The parties agree that such personnel shall not be considered VA employees for any purpose and shall be considered employees of the contractor.

M. RECORD KEEPING:

The VA shall establish and maintain a record keeping system that will record the hours worked by the contractor's employee(s). Contractor's employee(s) shall report to the Clinical Director for Mental Health Services or designee, upon arrival at VAPAHCS. The payments for any leave including sick leave, holiday or vacation time are the responsibility of the Contractor.

N. VA MONITORING:

Contracting Officer's Representative will designate appropriate VA personnel to monitor Contractor employee work hours/services through one or a combination of the following mechanisms:

(a) Departments being served will monitor Contractor employee work hours through time and attendance logs similar to VA staff positions, to ensure that services called for in the contract have been received by VA. The Contracting Officer's Representative (COR) will be responsible for verifying contract compliance. Any incidents of Contractor noncompliance as evidenced by the monitoring procedures will be forwarded immediately to the Contracting Officer.

(b) Chief of Staff's office reviews monitoring data. An internal time-keeping form is maintained and reviewed for total number of hours worked per month against monthly average of hours. Part-time personnel's cards are reviewed against their VA tour-of-duty to verify that the services were received.

(c) Documentation of services performed will be reviewed prior to certifying payment. The COR will perform periodic spot checks and document with the using service to ensure records monitoring. VA will pay only for services actually performed at VA, and in strict accordance with the schedule of prices/costs shown in the Schedule of Items. Contract monitoring and recordkeeping procedures will be sufficient to ensure proper payment and allow audit verification that services were provided.

(d) Monthly invoices are generated to VA Fiscal Service who forwards to Service's Administrative Assistant for review. The Administrative Assistant verifies services were actually performed against the schedule and logs. Only after verification are invoices certified for payment.

O. KEY PERSONNEL AND TEMPORARY EMERGENCY SUBSTITUTIONS:

The Contractor shall assign to this task order the following key personnel: Board Certified/Board Eligible Psychiatrist ____________________________.

1. During the first ninety (90) days of performance, the Task order or shall make NO substitutions of key personnel unless the substitution is necessitated by the individual’s illness, death, or termination of employment or if mutually agreed upon by the Task ordering Officer and the task order or. The Contractor shall notify the Contracting Officer, in writing, within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (2) below. After the initial 90-day period of the task order, the Contractor shall submit the information required by paragraph (2) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

2. The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes shall have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on the proposed substitutes. The task order will be modified to reflect any approved changes of key personnel.

3. For temporary substitutions where the key person will not be reporting to work for three (3) consecutive workdays or more, the Contractor will provide a qualified replacement for the key person, unless it is determined that no substitute is necessary. This substitute shall have comparable qualifications to the key person. Any period exceeding two weeks will require the procedure stated in paragraph (2) above.

4. Prior to rendering services, substitutes must obtain medical staff appointment and clinical privileges, in accordance with VA Bylaws, Rules and Regulations.

P. Invoicing: All invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests. VA’s Electronic Invoice Presentment and Payment System – The FSC uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission.

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

More information on the VA Financial Services Center is available at http://www.fsc.va.gov/einvoice.asp.

Vendor e-Invoice Set-Up Information:

Please contact Tungsten at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center for payment processing, free of charge. If you have question about the e-invoicing program or Tungsten, please contact the FSC at the phone number or email address listed below:

Tungsten e-Invoice Setup Information: 1-877-489-6135 Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com FSC e-Invoice Contact Information: 1-877-353-9791 FSC e-invoice email: vafsccshd@va.gov

Q. DESIGNATION OF CONTRACT REPRESENTATIVE

A VA representative of the Contracting Officer will be designated to represent the Contracting Officer in furnishing technical guidance and advice regarding the work being performed under this task order. The foregoing is not to be construed as authorization to interpret or furnish advice and information to the Contractor relative to the financial or legal aspects of the task order. Enforcement of these segments is vested in and is the responsibility of the Contracting Officer.

R. Security

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.

1. GENERAL

Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooksas 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. 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.

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.

4. SECURITY INCIDENT INVESTIGATION

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

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

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

d. In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement. The contractor, its employees, and its subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident.

5. LIQUIDATED DAMAGES FOR DATA BREACH

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

b. The contractor/subcontractor shall provide notice to VA of a “security incident” as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination.

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

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

(2) Description of the event, including:

(a) date of occurrence;

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

(3) Number of individuals affected or potentially affected;

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

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

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

(7) The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons);

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

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

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

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

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

(1) Notification;

(2) One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports;

(3) Data breach analysis;

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

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

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

6. TRAINING

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

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

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

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

(4) Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system access…