36C26218R0745-001.docx

36C26218R0745

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

36C26218R0745 08-02-2018 Kevin Ceponis 562-766-2211 08-15-2018

5:00 PM PDT

36C262 Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815

X

611710

$15 MILLION

NET 30

N/A

Department of Veterans Affairs VA Greater Los Angeles Healthcare System

11301 Wilshire Blvd Los Angeles CA 90073 36C262 Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815

Financial Services Center Submit Invoices Electronically to www.tungsten-network.com/us/en

See CONTINUATION Page The Contractor shall provide Geriatric Education (Program) Quality Improvement Services for the VA Greater Los Angeles Healthcare System (VAGLAHS).

See enclosed schedule for service and price.

Total Small Business Set-Aside

691-3680160-684-823400-2581 0100F00U5

Sandra Fusco Branch Chief Services II

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 36C262

Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815

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 Financial Services Center Submit Invoices Electronically to www.tungsten-network.com/us/en

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

6. DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER: In accordance with FAR Provision 52.212-1 paragraph (j), please provide the Dun and Bradstreet Number assigned to your firm in the space provided below:

DUNS# ____ ____ - ____ ____ ____ - ____ ____ ____ ____

B.2 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011)

This solicitation includes FAR 52.219-6 Notice of Total Small Business Set-Aside. Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by VA to assist in assessing the contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to contractor's offices where the contractor's business records or other proprietary data are retained and to review such business records regarding the contractor's compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

B.3 SCHEDULE OF SERVICES AND PRICE

The contractor’s price includes all labor and materials in order to evaluate and manage the quality improvement component; collect data; compose executive level reports; create, revise, and disseminate education materials to the Department of Veterans Affairs nationwide; and create evaluation tools for the Geriatric Education Program Quality Improvement Services for the VA Greater Los Angeles Healthcare System, located at 11301 Wilshire Blvd Los Angeles, CA 90073

The contract period shall be for one (1) base year, with the Government having the option to exercise four (4) one-year option periods.

BASE YEAR - POP 9/1/2018-8/31/2019

TOTAL

OPTION PERIOD ONE (1) - POP 9/1/2019-8/31/2020

TOTAL

OPTION PERIOD TWO (2) – POP 9/1/2020-8/31/2021

TOTAL

OPTION PERIOD THREE (3) – POP 9/1/2021-8/31/2022

TOTAL

OPTION PERIOD FOUR (4) – POP 9/1/2022-8/31/2023

TOTAL

SCHEDULE OF SERVICES AND PRICES

VA SAN DIEGO HEALTHCARE SYSTEM

B.4 STATEMENT OF WORK (SOW)

General Information: Geriatric Education (Program) Quality Improvement Services

1. Background: This SOW outlines the tasks and responsibilities of the Contractor to meet the needs of the VA Geriatric Scholars Program, which is administered at the VA Greater Los Angeles Healthcare System (VAGLAHS) Geriatric Research Education and Clinical Centers (GRECC), and operates in collaboration with 10 GRECCs. The VA Offices of Rural Health (ORH) and Geriatrics and Extended Care (GEC) support this enterprise-wide dissemination project as part of their strategic plans.

The mission of the VA Geriatric Scholars Program is to improve access to quality healthcare for older Veterans and to address the lack of healthcare professionals who have been trained in geriatrics and gerontology by educating working clinicians in VA clinics nationwide. The program targets VA’s interprofessional workforce with a focus on primary care providers (physicians, nurse practitioners, physician assistants) and selects disciplines that support primary care (pharmacy, social work and psychology). The objective is to provide tailored education for each learner’s professional development through multiple educational activities, including intensive face-to-face didactic education, clinical practicum, experiential learning, distance education opportunities and implementations of local quality improvements to demonstrate how new knowledge is applied to improve care for older Veterans. The VA Geriatric Scholars Program annually enrolls a cohort to accomplish the objective of improving care for older veterans nationwide. As the program expands, the program requires expert knowledge of Quality Improvement Management, executive level reporting, medical enduring education material, and evaluation tools to ensure the objective is reached. This successful model has been expanded and disseminated throughout the VA with the support of the VA Offices of Rural Health and Geriatrics Extended Care.

2. Scope of Work: The Contractor shall furnish all labor, transportation, equipment, supplies, and supervision to evaluate and manage the quality improvement component; collect data; compose executive level reports; create, revise, and disseminate education materials to the Department of Veterans Affairs nationwide; and create evaluation tools for the geriatric program for the VAGLAHS.

Contractor shall provide program evaluation, evaluation-based geriatrics resource development, and strategic communication and dissemination for the VA Geriatric Scholars Program. Tasks and deliverables will derive from evaluation of four key areas of the VA Geriatric Scholars Program that enhance the experiences of program participants:

I. Quality Improvement Program Evaluation II. Dissemination of Educational and Clinical Materials (VA Geriatric Scholars Toolkit Materials and Webinars) III. Program Evaluation

The Contractor shall complete the following tasks:

Quality Improvement Program Evaluation

Task 1: The Contractor shall evaluate progress and the needs of participants enrolled in the VA Geriatric Scholars Group-Coached Quality Improvement track and shall communicate (as needed) directly with participants, group coaches, and program staff to facilitate completion of mandatory and optional quality improvement components (Quality Improvement Report 1, Quality Improvement Report 2, and Project Poster) for participants in this group.

Task 2: The Contractor shall work with the VA Geriatric Scholars Program quality improvement staff based at Tennessee Valley VA GRECC and Greater Los Angeles VA GRECC to ensure monthly updates of quality improvement tracking files. As directed by VA staff, the Contractor shall follow up with Scholars and their supervisors who are delinquent in reporting.

Task 3: The Contractor shall work with the program staff to modify QI group track schedules and reporting materials in accordance with the recommendations of program staff who have undertaken a full Geriatric Scholars QI evaluation.

Task 4: The Contractor shall rewrite and reformat up to 20 QI reports as needed for dissemination as VA Office of Rural Health (ORH) Promising Practices. The format will be specified by VA ORH staff and will be relayed by VA Geriatric Scholars Program Staff. Report sizes typically range from 2-5 pages.

Task 5: The Contractor shall assist VA Geriatric Scholars and program staff in revising up to 20 QI reports as needed for dissemination at the VA GEC Leads conference. Format will be specified by VA GEC Leads conference organizer and will be relayed by the VA Geriatric Scholars Program staff. Reports typically range from 2-5 pages. Anticipated deadline for submissions is January 2019.

Dissemination and Evaluation of Educational Activities and Resources (VA Geriatric Scholars Toolkit Materials and Webinars)

Task 6: The Contractor shall provide support to the designated project manager for the VA Geriatric Scholars Webinar series (indicated by GRECC staff at the time of contract award), and VA staff in the dissemination and evaluation of VA Geriatric Scholars webinar series. Responsibilities shall include:

A. Attending all VA Geriatric Scholars Toolkit webinars during the period of performance of the purchase order.

B. Attending all VA Geriatric Scholars Toolkit webinar planning committee meetings during the period of performance of the purchase order.

C. Posting any follow-up resources from each webinar to the website, www.gerischolars.org.

D. Analysis of webinar attendance to determine Veterans served, rurality of Veterans served, and whether Veterans served have been served by the program.

Task 7: The Contractor shall formulate email announcements notifying the following groups about the VA Geriatrics Scholars toolkits webinars:

A. VA Geriatric Scholars (past and present) B. Registered users of www.gerischolars.org C. Attendees of the VA Rural Interdisciplinary Team Training (RITT) Program D. Attendees of the GRECC Connect Webinar series E. Members of the VA Dementia Workgroup F. VA Geriatrics Research, Education and Clinical Centers

Task 8: The Contractor shall develop a dissemination plan for the updated VA Geriatric Scholars Pain Toolkit and oversee execution of that dissemination to the groups described in Task 7 and any other VA groups identified by the VA Geriatric Scholars Program director and clinical faculty from the VA Pittsburgh Healthcare System Geriatrics Research Education and Clinical Center. Should the VA create new physical copies of this toolkit, Contractor shall work with VA staff and the Government Printing Office (GPO) to create and execute a plan to disseminate those to past recipients of the VA Geriatric Scholars Toolkits—with guidance on how the new kit should be used to replace the older clinical resources. This dissemination shall be timed to coordinate with a broader informational push (to include a Geriatric Scholars Toolkit Webinar on Pain).

Task 9: The Contractor shall develop a dissemination plan for the 2018 update of the American Geriatrics Society’s Beer’s Criteria for Potentially Inappropriate Medications to all VA Geriatric Scholars, all recipients of the VA Geriatric Scholars Toolkits, and any VA learner who has participated in a Geriatric Scholar learning activity such as Rural Interdisciplinary Team Training, GRECC Connect education webinars and VA Geriatric Scholars Toolkit webinars. Once plan is approved by the VA Geriatric Scholars Program Director, Contractor shall be responsible for executing that dissemination—drafting required emails and letters and providing a mailing list to VA GRECC staff.

Program Evaluation

Task 10: The Contractor shall produce a report detailing how all VA Geriatric Scholars Program efforts (core program, Rural Interdisciplinary Team Training Program (RITT), GRECC Connect educational webinars, Geriatric Scholars Toolkit webinars, all Geriatric Scholars enduring educational material dissemination from VA Geriatric Scholars Program) align with and advance the Secretary for Department of Veterans Affairs “Five Priorities for VA” as outlined in FY2018-2024 Department of Veteran Affairs Strategic Plan (see https://www.va.gov/oei/docs/VA2018-2024strategicPlan.pdf) in FY2018 and FY2019. The report shall include specific recommendations for changes to the comment portion of the program’s quarterly progress reports.

Task 11: The Contractor shall conduct up to forty 6-month assessment interviews with VA Geriatric Scholars using a script developed by the VA Geriatric Scholars Program and following standard practices to ensure unbiased data collection.

Task 12: The Contractor shall develop, deploy, and collect three, 3-month assessment surveys on RedCap or SurveyMonkey using questions developed together with the VA Geriatric Scholars Program staff. Surveys shall be deployed in June, July, and December/January depending on educational program dates.

Task 13: The Contractor shall complete four quarterly reports detailing participation in the VA Geriatric Scholars Program, the Rural Interdisciplinary Team Training (RITT) program, the Indian Health Service RITT program, the GRECC Connect education webinar series, the VA Geriatric Scholars Toolkit webinar series and Scholar QI progress. Reports shall collect participation and demographic data in Geriatric Scholar trainings, the number of learners, facilities and Veterans served, and QI progress. Reports shall distinguish rural and urban Scholars and may include variables not listed above if program reporting requirements change.

Task 14: The Contractor shall develop a symposium presentation for a scientific conference or an article for publication in a scientific journal detailing outcomes of the October 2017 VA Geriatric Scholars All Scholar Evaluation. The director of the VA Geriatric Scholars Program will dictate whether a symposium presentation or an article shall be developed at the time of contract award. Should the director select a presentation, that presentation must include a Microsoft PowerPoint file and notes (subject to approval by the director) appropriate for a 15-minute presentation to an academic audience. Should the director select an article, that article will be between 1,000 and 6,000 words, as indicated by the director. Contractor shall be responsible for circulating article for review by the VA Geriatric Scholars Program Committee and organizing any edits requested by the scientific journal the article has been submitted to.

Task 15: The Contractor shall create and conduct an evaluation of the Geriatric Scholars Program dashboards. The evaluation will require disseminating an electronic survey to dashboard users, data collection, and a final report to VA Geriatric Scholars Program staff. The evaluation may additionally require up to 40 telephone interviews with dashboard users for the collection of additional qualitative data. A summary of qualitative data shall be included in the final report and all data must be submitted to the program as an appendix to the report.

Other Tasks

Task 16: The Contractor shall work with the VA to obtain VPN access to VA Geriatric Scholars Program SharePoint site at the Contractor’s expense. The Contractor shall be required to attend the Geriatric Scholars Program Clinical Practicum and annual VA Geriatric Scholars Program Strategic Planning Meeting. The Contractor shall ensure travel costs are in accordance with the rates listed in the Federal Travel Regulations, https://www.gsa.gov/portal/content/104877.

3. Specific Deliverables

All deliverables are subject to approval by designated program staff.

4. Place of Performance:

VA Greater Los Angeles Healthcare System 11301 Wilshire Blvd.

Los Angeles, CA 90073

5. Hours of Operation Normal tour-of-duty hours at VA Greater Los Angeles Healthcare System is 8:00 am to 4:30 pm, Monday through Friday, excluding Federal holidays. There may be instances in which the vendor’s workday may be outside of this period. The vendor is required to coordinate these times with the designated COR or Principal Investigator.

In accordance with 5 U.S.C. 6103, Executive Order 11582 and Public Law 94-97, the following national holidays are observed and for this contract are defined as “Legal Federal official holidays”

When a holiday falls on a Sunday, the following Monday will be observed as a National Holiday. When a holiday falls on a Saturday, the preceding Friday is observed as a National Holiday by U.S. Government Agencies.

Overtime & Holiday Pay: Any overtime and/or holiday pay that may be entitled to the Contractor’s employees shall be the sole responsibility of the Contractor and shall not be billed to nor reimbursed by the Government.

Contractor shall bill and be paid for actual services provided by the Contractor personnel. The Contractor shall not be paid for “availability” or “on-call” services unless otherwise provided herein.

6. Inspection and Acceptance Criteria Final inspection and acceptance of all work performed as well as reports and deliverables will occur at the place of delivery designated by the COR. Final approval and acceptance of documentation required herein shall be by letter of approval and acceptance by COR. The Contractor shall not construe any letter of acknowledgment of receipt of material as a waiver of review or as an acknowledgment that the material is in conformance with this SOW.

7. Changes to the Statement of Work Any changes to this SOW shall be authorized and approved only through written correspondence from the Contracting Officer. A copy of each change will be kept in a project folder along with all deliverables of this purchase order. Changes determined by the Contracting Officer to be within the general scope of the purchase order shall be made in accordance with FAR 52.212-4(c), “Changes,” and shall not necessitate new solicitation proceedings.

8. Personnel Policy The Contractor shall be responsible for managing and overseeing the activities of all Contractor personnel, as well as subContractor efforts used in performance of this effort. The Contractor's management responsibilities shall include all activities necessary to ensure the accomplishment of timely and effective support performed in accordance with the requirements contained in the statement of work.

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

· Worker’s Compensation

· Health Examinations

· Income Tax Withholding, and

· Social Security Payments

The Contracting Officer may notify the Contractor and request immediate removal of any personnel assigned to the purchase order by the Contractor that are deemed to have a conflict of interest with the government or if the performance is deemed to be unsatisfactory. The reason for removal will be documented and replacement personnel shall be identified within three business days of the notification. Employment and staffing difficulties shall not be justification for failure to meet established schedules.

The Contractor shall follow all existing local, state, federal and/or union laws/regulations relevant to fringe benefits and premium pay for their employees. Contractor personnel shall not be considered VA employees for any purpose and shall be considered employees of the Contractor.

Contractor personnel shall be subject to the same quality assurance standards or exceed current recognized national standards as established by the Joint Commission (JC). The Contractor shall perform services in accordance with the ethical, professional, and technical standards of the equipment repair industry as consistent with VA Policy, Regulations and Procedures.

Contractor shall indemnify and hold the hospital harmless from any and all claims, actions, liabilities, and expenses, (including costs of judgments, settlements, court costs, and attorney fees) caused by or resulting from the sole negligence or intentional actions or omissions of the Contractor's employee, or any failure to perform any obligations imposed by this agreement, whether such act, omission, or failure was employee's or that of any person providing services hereunder through or for provider.

Contractor personnel shall present a neat appearance and be easily recognized as Contractor employees. This may be accomplished by wearing distinctive clothing bearing the name of the company and/or wearing badges bearing the Contractor’s and employee’s name and identification picture.

BADGE: The Contractor shall obtain a “Contractor I.D Badge” from the VA Police. All Contractor personnel are required to wear I.D Badge during the entire time on VA facility. The I.D Badge MUST have an identification picture and shall state the name of the individual and the company represented.

PARKING: It is the responsibility of the contract personnel to park in the appropriate designated parking areas. Parking information is available from VA Police & Security Service Office. The Contractor assumes full responsibility for any parking violations.

SMOKING: Contractor personnel may smoke only in designated areas. It is the responsibility of the VISN 22 Healthcare Facilities to provide a safe and healthful environment for employees and patients and to serve as a leader in community health awareness and education. It is in fulfillment of this obligation that the facilities are committed to the establishment of a smoke-free environment. This policy applies to every location in the Healthcare Facilities. There shall be no smoking within 25 feet of all entrances to buildings. Smoking is allowed in all outside areas that are 25 feet away from entrances to buildings unless indicated otherwise. Enclosed patios connected to facility buildings are considered part of the building and as such are non-smoking areas.

9. Invoicing & Payment Contractor shall submit in arrears a properly completed itemized invoice in accordance with FAR clauses 52.212-4(g) Contract Terms and Conditions – Commercial Items via Tungsten Network, http://www.tungsten-network.com/US/.

Invoices submitted for payment shall be reviewed for accuracy and shall be subject to approval by the Government prior to issuance of payment.

The invoice MUST be itemized to include the following information.

1. Facility name and address where service was provided

1. Contract number

1. Purchase order number

1. Hours

1. Cost

1. Date

No advance payments shall be authorized. Payment shall be made on a monthly arrears for services provided during the billing month in arrears in accordance with FAR 52.212-4, para. (i) Upon submission of a properly prepared invoice for prices stipulated in this contract for services delivered and accepted in accordance with the terms and conditions of the contract, less any deductions stipulated in this contract.

Payment of invoices may be delayed if the appropriate invoices as specified in the contract are not completed and submitted as required.

10. Contract Security The Office of Security and Law Enforcement provides Department-wide policy on the assignment of appropriate position sensitivity designations associated with Department of Veterans Affairs (VA) positions involving national security and public trust responsibilities, and on the level of background investigations required for applicants and incumbents of those positions. In addition to VA employees, the policy and investigative requirements are applicable to Contractor personnel who require access to VA computer systems designated as sensitive.

Personnel who require access to VA computer systems shall be subject to all necessary background investigations and receive a favorable adjudication from the VA Office of Security and Law Enforcement to ensure compliance with such policy. If such investigation has not been completed prior to contract commencement, the Contractor shall be responsible for the actions of those individuals performing under the contract.

Should the contract require Contractor personnel to maintain U.S. citizenship, the Contractor shall be responsible for compliance. Regardless of U.S. citizenship requirements, Contractor personnel are required to read, write, speak, and understand the English language unless otherwise specified in this contract or agreed to by the Government.

The cost of such investigations shall be borne by the Contractor, either in advance or as reimbursement to the Government. The level of sensitivity shall be determined by the Government on the basic of the type of access required. The level of sensitivity will determine the depth of the investigation and the cost thereof. At this time, the current estimated costs for such investigations are as follows:

11. Confidentiality and Nondisclosure It is agreed that:

· The preliminary and final deliverables and all associated working papers, application source code, and other materials deemed relevant by the VA which have been generated by the Contractor in the performance of this contract are the exclusive property of the U.S. Government and shall be submitted to the Contracting Officer at the conclusion of the contract.

· The CO will be the sole authorized official to release verbally or in writing, any data, the draft deliverables, the final deliverables, or any other written or printed materials pertaining to this contract. No information shall be released by the Contractor. Any request for information relating to this contract shall be submitted in writing to the Contracting Officer.

· Press releases, marketing material, or any other printed or electronic documentation related to this project shall not be publicized without the written approval of the Contracting Officer.

· The Contractor shall sign a National Business Associate Agreement with the VA in accordance with the mandated guidelines.

12. VA Patient Confidentiality The Contractor shall take reasonable measures to ensure patient privacy and confidentiality. The Contractor agrees to take all reasonable precautions to safeguard patient information from unauthorized access or modification, in audio, electronic, and hard copy formats. The Contractor shall be bound by the requirements of the “Health Insurance Portability and Accountability Act (HIPAA) of 1996” which provides guidance on the protection of patient privacy and confidentiality. This act mandates all Government agencies, and those bodies with whom they contract with, to be in compliance with the directives of the Act.

13. Rights in Data Performance of this effort may require the Contractor to access and use data and information proprietary to a Government agency or Government Contractor which is of such a nature that its dissemination or use, other than in performance of this effort, would be adverse to the interests of the Government and/or others.

Contractor and/or Contractor personnel shall not divulge or release data or information developed or obtained in performance of this effort, until made public by the Government, except to authorize Government personnel or upon written approval of the Contracting Officer. The Contractor shall not use, disclose, or reproduce proprietary data that bears a restrictive legend, other than as required in the performance of this effort. Nothing herein shall preclude the use of any data independently acquired by the Contractor without such limitations or prohibit an agreement at no cost to the Government between the Contractor and the data owner which provides for greater rights to the Contractor.

The Department of Veterans Affairs shall have unlimited rights to and ownership of all deliverables provided under this effort, including reports, recommendations, briefings, work plans, and all other deliverables.

14. Other Privacy and Security Contractor, Contractor personnel, subContractors, and subContractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.

Access to VA Information and VA Information Systems - 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. The Contractor and their personnel shall be subject to the same Federal laws, regulations, standards, and VA policies as VA personnel, regarding privacy and security information. 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).

If the 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 Subpart 12.4.

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 VAGLAHS Release of Information office for response.

Ensure that a Contractor Security Control Assessment (CSCA) is completed within 30 days of contract approval and yearly on the renewal date of the contract.

Ensure that the CSCA is sent to the ISO and the OCS Certification program office for review to ensure that appropriate security controls are being implemented in service contracts.

Ensure a copy of the CSCA is maintained in the Security Management and Reporting Tool (SMART) database. COR will provide a copy of the completed CSCA to ISO for uploading into SMART database.

VA Information Custodial Language – 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 agreement of the VA. This clause expressly limits the Contractor/subContractor’s rights to use data as described in Rights in Data (General, FAR 52.227-174(d)(1).

Security Incident Investigation:

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

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

36C26218R0745

SECTION C - CONTRACT CLAUSES

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

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

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

(End of Clause)

C.2 52.203-9 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS (DEVIATION) (Jan 2017)

(a) Definitions. As used in this clause-- “Internal confidentiality agreement or statement” means a confidentiality agreement or any other written statement that the contractor requires any of its employees or subcontractors to sign regarding nondisclosure of contractor information, except that it does not include confidentiality agreements arising out of civil litigation or confidentiality agreements that contractor employees or subcontractors sign at the behest of a Federal agency.

“Subcontract” means any contract as defined in subpart 2.1 entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.

“Subcontractor” means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor.

(b) The Contractor shall not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(c) The Contractor shall notify current employees and subcontractors that prohibitions and restrictions of any preexisting internal confidentiality agreements or statements covered by this clause, to the extent that such prohibitions and restrictions are inconsistent with the prohibitions of this clause, are no longer in effect.

(d) The prohibition in paragraph (b) of this clause does not contravene requirements applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(e) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015, (Pub. L. 113-235), and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions) use of funds appropriated (or otherwise made available) is prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(f) The Contractor shall include the substance of this clause, including this paragraph (f), in subcontracts under such contracts.

(End of clause)

C.3 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014)

(a) This contract and employees working on this contract shall be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112–239) and FAR 3.908.

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section 3.908 of the Federal Acquisition Regulation.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold.

(End of Clause)

C.4 52.204-4 -- PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER (May 2011)

(a) Definitions. As used in this clause— Postconsumer fiber means—

(1) Paper, paperboard, and fibrous materials from retail stores, office buildings, homes, and so forth, after they have passed through their end-usage as a consumer item, including: used corrugated boxes; old newspapers; old magazines; mixed waste paper; tabulating cards; and used cordage; or

(2) All paper, paperboard, and fibrous materials that enter and are collected from municipal solid waste; but not

(3) Fiber derived from printers’ over-runs, converters’ scrap, and over-issue publications.

(b) The Contractor is required to submit paper documents, such as offers, letters, or reports that are printed or copied double-sided on paper containing at least 30 percent postconsumer fiber, whenever practicable, when not using electronic commerce methods to submit information or data to the Government.

(End of Clause)

C.5 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2018)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(3) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(4) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509).

[] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2016) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (5) [Reserved] [] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015) (31 U.S.C. 6101 note).

[] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

[] (10) [Reserved] [] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

[] (ii) Alternate I (NOV 2011) of 52.219-3.

[] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (ii) Alternate I (JAN 2011) of 52.219-4.

[] (13) [Reserved] [X] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

[] (ii) Alternate I (NOV 2011).

[] (iii) Alternate II (NOV 2011).

[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

[] (ii) Alternate I (Oct 1995) of 52.219-7.

[] (iii) Alternate II (Mar 2004) of 52.219-7.

[] (16) 52.219-8, Utilization of Small Business Concerns (NOV 2016) (15 U.S.C. 637(d)(2) and (3)).

[] (17)(i) 52.219-9, Small Business Subcontracting Plan (JAN 2017) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (NOV 2016) of 52.219-9.

[] (iii) Alternate II (NOV 2016) of 52.219-9.

[] (iv) Alternate III (NOV 2016) of 52.219-9.

[] (v) Alternate IV (NOV 2016) of 52.219-9.

[] (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

[] (19) 52.219-14,…