36C26219R0155-002.docx

36C26219R0155

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

691-19-4-4040-0224 36C26219R0155 08-14-2019 Timothy Wanamaker, Contract Specialist 562-766-2212 09-03-2019

4:00PM (PDT)

36C262 Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815 X X 541612 $15 Million X N/A X Department of Veterans Affairs 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815 00262 Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815

To All Offerors:

Department of Veterans Affairs Financial Services Center P.O. Box 149971 http://www.tungsten-network.com/us/

Austin TX 78714-9971

877-353-9791 See CONTINUATION Page Employee Assistance Program (EAP) Consulting Services for the VA Greater Los Angeles Healthcare System (VAGLAHS).

100% Set-aside for Service-Disabled, Veteran-Owned Small Bus- Inesses (SDVOSBs). This is a Request for Proposal (RFP); all Proposals shall be submitted not later than 09-03-2019, 4:00PM

(PDT).

Offerors shall submit their proposals via PDF files by Emailing timothy.wanamaker@va.gov before due date and time.

This shall be a Firm-Fixed-Price (FFP) contract; please submit Pricing under B.3 Schedule of Services and Price (page 7).

Period of Performance:

Base Year: 09-30-2019 – 09-29-2020 Option 1: 09-30-2020 – 09-29-2021 Option 2: 09-30-2021 – 09-29-2022 Option 3: 09-30-2022 – 09-29-2023 Option 4: 09-30-2023 – 09-29-202 See CONTINUATION Page 691-3690152-4040-843100-2580 010043100 X Don Weerasinghe Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

(Continuation from Standard Form 1449, block 18A.)

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

0. CONTRACTOR:

0. GOVERNMENT:

Contracting Officer (CO), 36C262, Don Weerasinghe Care of: Contract Specialist (CS), 36C262, Timothy Wanamaker timothy.wanamaker@va.gov or 562-766-2212 Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive, Suite 600 Long Beach, CA 90815

1. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with (IAW) Federal Acquisition Regulation (FAR):

1. INVOICES: Invoices shall be submitted in arrears:

1. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with Veteran Affairs Acquisition Regulation (VAAR) Clause 852.232-72 Electronic Submission of Payment Requests.

0. Billing:

0. Invoice requirements and supporting documentation: supporting documentation and invoice(s) must be submitted not later than the 20th workday of the month. Subsequent changes or corrections shall be submitted by separate invoice. In addition to information required for submission of a “proper” invoice in accordance with FAR 52.212-4(g), all invoices must include:

0. Contractor Tax Payer ID Number (TIN);

0. Contractor’s “Remit Address” information;

0. The VA Purchase Order (PO) number;

0. Contractor’s contact information: (Personal Name, Email, and Phone);

0. VA point of contact information: (Personal Name, Email, and Phone);

0. The Period of Performance dates (Beginning and Ending);

0. All discount information if applicable (Percent and Date Terms);

0. Contractor’s physician(s) (Name of Contractor’s employee);

0. Hourly Rate;

0. Quantity of hours worked;

0. Total price;

0. Vendor Electronic Invoice Submission Methods:

1. Invoices will be electronically submitted to the Tungsten website at: http://www.tungsten-network.com/

1. The VA-FSC pays all associated transaction fees for VA orders. During Implementation (technical set-up) Tungsten will confirm your Tax Payer ID Number with the VA-FSC. This process can take up to five (5) business days to complete; ensure a Contractor’s invoice is automatically routed to its Certifying Official for approval and payment. To successfully submit an invoice to VA-FSC, please review “How to Create an Invoice” within the “how-to” guides. All invoices submitted through Tungsten to the VA-FSC should mirror the current submission of invoice with the above-referenced items required. The Contractor should clarify and confirm additional requirements with its certifying official. The VA-FSC requires specific information in compliance with the Prompt Pay Act and Business Requirements.

1. For additional information, please contact:

Tungsten Support Phone: 1-877-489-6135 Website: http://www.tungsten-network.com/

Department of Veterans Affairs Financial Service Center Phone: 1-877-353-9791 Email: vafscched@va.gov

1. SECURE FAX: Please review VA Handbook 6500 that requires the following statement on all fax cover sheets be included: “This fax is intended only for the use of the person or office to which it is addressed and may contain information that is privileged, confidential, or protected by law. All others are hereby notified that the receipt of this fax does not waive any applicable privilege or exemption for disclosure and that any dissemination, distribution, or copying of this communication is prohibited. If you have received this fax in error, please notify this office immediately at the telephone number listed above.”

1. ACKNOWLEDGMENT OF AMENDMENTS: The Offeror acknowledges receipt of amendments to Solicitation: RFP 36C26219R0155, numbered and dated as follows:

B.2 NOTIFICATION TO OFFERORS

1. Authority: Under the authority of Federal Acquisition Regulation (FAR) Part 12—Acquisition of Commercial Items, and; FAR Part 13—Simplified Acquisition Procedures, the VA Greater Los Angeles Healthcare System (VAGLAHS) requires a Contractor to provide Employee Assistance Program (EAP) Consultant Services for Eligible VAGLAHS Employees.

2. Offerors shall complete and return all information designated in the enclosed FAR clause 52.212-1, Instructions to Offerors – Commercial Items, paragraph b, and the addendum to 52.212-1, prior to the time specified in block 8 of standard form (SF) 1449 to be considered eligible for award. Offerors shall also respond to each evaluation factor listed in the enclosed FAR clause 52.212-2, Evaluation—Commercial Items. Failure to do so may preclude the Offeror from consideration for award.

3. TECHNICAL INQUIRES: Direct all technical inquiries via email to the Contract Specialist (CS), Timothy Wanamaker at timothy.wanamaker@va.gov not later than August 27th, 2019, 3:00 PM, Pacific Daylight Time (PDT). An amendment will be posted to www.Fbo.gov to address any questions received on or about August 29th, 2019, by 5:30 PM, PDT.

4. DUNS NUMBER: Provide the Dun and Bradstreet Number assigned to your business in the space provided below (refer to FAR Provision 52.212-1, Instructions to Offerors – Commercial Items)

5. This requirement is set-aside 100% for Service-Disabled, Veteran-Owned Small Businesses (SDVOSBs); only SDVOSBs verified in the VA’s Vendor Information Pages (VIP) site at https://www.vip.vetbiz.gov/ at the time of proposal submission will be considered for award.

6. Post-Award Conference. The Contract Awardee shall participate in a post-award orientation conference to review the on-boarding process for candidates and other post-award management procedures. The conference will include the Contracting Officer (CO), CS, Contracting Officer Representative (COR), and Contract Awardee.

B.3 SCHEDULE OF SERVICES AND PRICE

The Contractor shall provide Employee Assistance Program (EAP) Consultant Services for the VA Greater Los Angeles Healthcare System (VAGLAHS), 11301 Wilshire Blvd, Los Angeles, CA 90073. The contractor shall provide all necessary transportation, labor, equipment and supplies as in accordance with the Statement of Work.

Base Year: 09/30/2019 – 09/29/2020

Base Year Total: $

Option Year One (1): 09/30/2020 – 09/29/2021

Option Year One (1) Total: $

Option Year Two (2): 09/30/2021 – 09/29/2022

Option Year Two (2) Total: $

Option Year Three (3): 09/30/2021 – 09/29/2022

Option Year Three (3) Total: $

Option Year Four (4): 09/30/2019 – 09/29/2020

Option Year Four (4) Total: $

BASE PLUS FOUR (4) AGGREGATE TOTAL: $

B.4 STATEMENT OF WORK (SOW) - EMPLOYEE ASSISTANCE PROGRAM (EAP) SERVICES

1. Background. The Contractor shall provide Employee Assistance Program (EAP) services to the VAGLAHS. The Contractor shall provide alcohol, drug and other counseling services to AN ESTIMATED 3100 VAGLAHS EMPLOYEES and/or eligible family members for personal or work-related concerns. It is the policy of the Federal Government to offer appropriate prevention, treatment, and rehabilitation programs and services for employees with alcohol and/or drug problems. To the extent feasible, agencies are encouraged to extend services to families of alcohol and/or drug abusing employees, and to employees who have eligible family members who have alcohol and/or drug problems. Executive Order 12564, 51 Federal Regulation 32889 (Sept. 15, 1986) establishes standards for a Drug-Free Federal Workplace and requires agencies to have Employee Assistance Programs providing assessment, counseling, referral for treatment or rehabilitation, as appropriate. Short-term counseling and referral services that include education and coordination with community resources constitute the appropriate prevention, treatment, and rehabilitation services for alcohol and drug abuse in accordance with these requirements.

1. Scope. The Contractor shall provide VAGLAHS employees and family members a broad range of counseling services for any personal, work-related conflict or concern. The range of conflicts and concerns to be covered includes any emotional, behavioral, mental or personal concern, especially those related to alcohol or drug abuse which may adversely impact on the employee’s job performance, attendance, or conduct.

1. Objective. The objective of the EAP is to address such problems in the quickest, least restrictive, most convenient, and cost-efficient manner while strictly respecting the confidentiality between the VAGLAHS and the Contractor’s counseling staff.

1. Contractor Responsibilities. The Contractor shall:

3. Provide services that are customer and client friendly.

3. Assist managers, supervisors, and union representatives to improve employee job performance by providing professional services.

3. Provide supervisory and union consultation and support to help address organizational situations having a detrimental effect on employees.

1. EAP Services. The Contractor shall provide the necessary personnel, equipment, supplies and support services to perform the EAP services. The Contractor shall be required to provide up to six, one-hour counseling and referral assessment sessions per problem type each year to VA employees and eligible family members for the following:

4. Marriage, family and relationship problems;

4. Eldercare/childcare referral;

4. Alcohol and drug abuse, and co-dependency issues;

4. Emotional, psychological and psychiatric problems;

4. Physical concerns;

4. Legal problems;

4. Financial and credit problems;

4. Work-related issues;

4. Social services.

1. Communication Materials. The Contractor shall provide include the following:

5. Informational brochures highlighting EAP topics of interest;

5. Posters;

5. Newsletters;

5. Online resources;

5. Program introduction letter to the customer agency;

5. Quarterly reports of utilization.

1. Assessments. The Contractor shall provide EAP services utilizing telephone and local in-person assessment, counseling/problem solving, educational and motivational activities, referral, monitoring, behavioral health consultation, and follow-up services at a mutual agreeable time between the Counselor and the VA employee and/or their eligible family member. All face-to-face services shall be provided at secure, confidential, and smoke-free locations with accessibility for persons with disabilities. Appointments shall be offered at times and locations convenient and accessible to VA employees and/or their family member. Counseling shall be available by telephone 24 hours per day, 365 days per year. Telephone counseling is not an acceptable substitute to in-person counseling for employees unless specifically requested or agreed to by the employee or family member.

1. Progress Monitoring. The Contractor shall develop a method of monitoring the VA employee’s progress in and cooperation with the recommended course of action, referral or treatment. Where appropriate and allowed by the confidentiality requirements, the Counselor shall also apprise the referring management official of the employee’s progress in treatment, assisting in job adjustment.

1. Record System. The Contractor shall plan, develop, use, maintain, and manage a record system in accordance with applicable laws and regulations relating to alcohol and drug prevention, treatment, and rehabilitation; the Privacy Act of 1974; and other applicable laws, regulations, and guidelines governing confidentiality of counseling and medical records.

1. Case Files. The Contractor shall be responsible for maintaining complete, individual case files for each VA employee or family member entering the program. Said records will be maintained in accordance with the requirements of Privacy Act and Pub. L. 93-282 and the applicable implementing laws and regulations.

1. Reporting. The Contractor shall submit quarterly status and statistical reports to the designated VAGLAHS Human Resources Representative on all active cases, including information on the number of employees counseled, classification of problem, family involvement, and case disposition. No individual employee-identifying information shall be contained in these reports. The Contractor shall also submit a yearly statistical report. The Contractor shall be required to submit reports of training sessions held and include a summary of the training material covered and the number of employees and supervisors who attended the training.

1. Quality Assurance. The quality of orientation, handouts, and any critical debriefings or health-related information sessions shall be monitored by the VAGLAHS Human Resources Department. All counseling sessions shall remain confidential. The VAGLAHS shall rely on any complaints that may be voluntarily received concerning the counseling sessions. The COR shall share these complaints with the Contractor to discuss corrective action.

1. Program Initiation and Transition.

12. The Contractor shall recognize that EAP services are vital to the agency and must be continued without interruption. The Contractor shall use professional judgment and standards of the industry for the handling of case files, clients and changes to the EAP program during the transition from the current Contractor.

12. The Contractor shall within the first 30 calendar days of service and quarterly thereafter, provide written informational material for all VAGLAHS employees regarding the availability of the counseling program and how to obtain services. This shall include pamphlets/handouts, posters, wallet cards and other forms of publicity for EAP services to help employees stay informed.

12. At the end of this contract, if deemed necessary by the Government (designated Human Resources Representative), the Contractor shall provide transitional planning and cooperation to the successor Contractor (refer to Federal Acquisition Regulation (FAR) Clause 52.237-3 Continuity of Services).

12. The Contractor shall, within the first 60 days, provide training sessions to VA Supervisors and other key management personnel within the VAGLAHS. Such training shall be designed to help management officials use the program effectively in the performance of their responsibilities. Managers shall be encouraged to use the EAP as a preventative measure and shall receive training on specific ways to manage marginal employees and employees experiencing problems. Training for managers and supervisors shall be approximately 4 hours and all-employee orientation lasting one (1) hour.

12. The Contractor shall develop a 30-minute videotape describing in detail how the EAP operates, including the problems it is equipped to handle, the referral system is provided is at no cost to the VA employee. The video shall be provided for each of the VA locations within San Diego County for viewing by VA employees as needed.

1. Specific Training Requirements for VA Supervisors. The contractor shall provide the following training specifically for supervisors:

13. Description and philosophy of the EAP and how the EAP can help both supervisors and employees.

13. Availability of advice and consultation services for supervisors who oversees troubled and/or affected employee.

13. Define a troubled/affected employee: typical signs and symptoms associated with such an employee, as well as the prevalence and kinds of personal problems a supervisor might encounter in the workplace.

13. Explain the types and effects of commonly used drugs, symptoms of drug use, and related treatment and rehabilitation programs.

13. Describe the supervisor’s role in dealing with a troubled/affected employee and referral techniques, the importance of documenting work performance, conduct problems or deterioration, and how to confront the employee.

13. Describe the process/procedures for Self-Referral vs. Management Referral.

13. Client privacy and confidentiality regulations, use of a consent form, etc.

13. Method of providing feedback to referring officials on employee’s progress.

13. Relationship of the counseling to the VAGLAHS’s disciplinary program.

13. The procedures for coping with a traumatic incident.

1. EAP orientations for VA employees. Orientation for VA employees shall include:

14. Description and philosophy of the EAP;

14. Prevalence and kinds of personal problems;

14. Symptoms of work performance deterioration or conduct problems;

14. How the EAP can help and how to seek assistance;

14. Confidentiality and orientation services are at no cost to employee.

1. Educational Presentations. The Contractor shall provide educational presentations periodically at locations specified by the designated VAGLAHS Human Resources representative to inform and educate employees on matters that will help them manage their lives more effectively, e.g., topics that include alcoholism, stress management, caring for aging relatives.

1. Scheduling. The VAGLAHS Human Resource Representative shall designate time and location of the training, approve all course material and information, as well as having it available to be utilized within the VA.

1. Counseling Services.

17. The Contractor shall provide qualified staffing to accept cases 24-hour-a-day, 7 day-a-week. 365-days-per-year to meet the regular and emergency needs of all VAGLAHS employees and family members.

17. The Contractor shall have a staff that is reflective of the general diversity of the employee population of VAGLAHS; staff will reasonably accommodate VAGLAHS employees and their family members who may not speak English as a primary language.

17. Counselors shall provide in-person counseling to VA employees and family members as appropriate.

17. The Counselor’s activities shall provide an initial evaluation and when necessary refer the client to his or her community or other resources for appropriate and skilled management of problems presented. Therefore, the Contractor must develop and maintain close working relationships with community or other resources offering treatment and rehabilitative assistance.

17. Counselors shall possess the skills necessary to enable them, through interviewing, to determine the nature of the client’s problem(s). If necessary, the Counselor may also recommend the client undergo further medical and/or diagnostic evaluation.

1. Qualification Requirements. Counselors shall have a master’s degree in social work, counseling, psychology, public health or another employee assistance-related field. In addition, Counselors shall have at least two (2) years’ post-degree experience in the EAP field. The Contractor’s personnel shall adhere to all government regulations regarding their scope of practice and shall be responsible for recognizing the limitations of their competence and makes certain all work is performed within those limitations.

1. Referrals. For VA management referrals, Counselors shall:

19. Interview management officials, as requested by the VAGLAHS Human Resources staff, and provide them with guidelines in confronting employees with job performance or behavior problems.

19. Advise management officials regarding client confidentiality requirements.

19. Interview the employee, and with the employee’s knowledge and written consent, obtain the appropriate information including medical history—if necessary—to determine the nature of the employee’s problem and recommend sources for referral.

19. Determine the nature of the problem.

19. After professional assessment of the case, advise the employee of appropriate and available community treatment resources, help the employee utilize community treatment resources, and encourage the employee to participate in a rehabilitative program if appropriate.

19. Secure a written release from the employee to provide appropriate feedback to the supervisor and Human Resources staff.

19. Maintain ongoing contact with both the employee and the community treatment/resource program to which he/she is referred.

19. Inform the employee that it is his/her responsibility to pay for any referral services, rehabilitation, or treatment program.

19. Maintain familiarity with current provisions of Federal Employees Health Benefits (FEHB) plans and the health plans available to the VA Healthcare System’s non-federal staff to provide counseled employees with information relative to available options and/or benefits.

19. Throughout the treatment program and as allowed by the confidentiality requirements, Contractor staff must be available to the VAGLAHS Supervisor and VAGLAHS Human Resources staff to discuss rehabilitative efforts and their relationship to job performance, and other treatment resources for maintenance of a well-coordinate rehabilitation program.

1. Employee-initiated referrals:

20. When an employee self-refers to the program, he/she shall receive counseling, and if necessary, shall be referred to community resources or facilities for such assistance as is deemed appropriate.

20. In such self-referring situations, confidentiality requirements shall be strictly observed. The employee will not ordinarily be asked to sign a consent releasing information to his/her supervisor.

20. If an employee drops out of a treatment program, the case file should be so documented; no further action shall take place.

20. Should a self-referral case be in progress and the Counselor is consulted by the employee’s supervisor about deteriorating performance, the Counselor shall confer with the supervisor, but shall adhere strictly to the confidentiality requirements giving no indication of the employee’s previous self-referral. The employee may then, if appropriate, be contacted and advised of the potential need to sign consent to release information to the supervisor.

1. Security Requirements.

21. 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 for, and incumbents of, those positions.

21. IAW VA 0710 Handbook, appointees and contract personnel appointed to Low/Moderate/High Risk positions must be subjects to a background investigation conducted by OPM 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.

21. The contract requires Contractor’s personnel to maintain U.S. citizenship; the Contractor shall be responsible for compliance. Contractor’s personnel are required to read, write, speak, and understand the English language to meet contractual requirements.

21. The cost for 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 based on the type of access required. The level of sensitivity will determine the depth of the investigation and the cost thereof. Currently, the estimated costs for such investigations are as follows:

21. The Contractor shall be required to furnish all applicable employee information required to conduct the investigation, such as, but not limited to, the name, address, and social security number of the Contractor’s personnel.

21. The VA will provide all the necessary instructions and guidance for submission of the documents required to conduct the background investigation. Background investigations shall not be required for contract personnel assigned to Low Risk/non-sensitive positions for 180 days or less under a single contract or series of contracts. However, a Security Access Clearance (SAC) background screening will be required for appropriate preliminary checks IAW VA Directive 0710.

21. The VAGLAHS may conduct an inspection of the Contractor’s facility(s) and/or equipment prior to and anytime during the contract performance. VAGLAHS shall notify the contractor at a minimum 24 hours in advance for an appointment. The Contractor shall permit on-site visits by VA to assure compliance with contract requirements. Contractor shall make all records accessible for a review.

1. Release and Confidentiality of Medical Information. The contractor shall only release medical information obtained during this contract to other contractor or VA employees involved in the care and/or treatment of that individual patient. Patient demographics shall be treated as privileged information. Lists, names, and/or social security numbers of patients shall not be disclosed or revealed any way for use outside the contractor’s facility or without prior expressed written permission of the VA Chief of Staff. The contractor is subject to the provisions of the Privacy Act of 1974 (Public Law 93-579); the comprehensive Alcohol and Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1972 (Public Law 93-282); the Drug Abuse Office and Treatment Act of 1972 (Public Law 93-255); and all other Federal or State statues regarding confidentiality of patient information. All contractor personnel shall observe the requirements imposed on sensitive data and information by law, Federal regulations, VA statutes and policy, Veterans Health Administration (VHA) policy and guidelines and the associated requirements to ensure appropriate screening of all personnel (e.g., Privacy Act of 1974, Public Law 93-579, the requirements of the FPM 731, Subchapter 2 under E.O. 10450, etc.).

1. Points of Contact from Contractors. The Contractor shall assign a Point of Contact (POC) and an alternate POC for ensuring compliance with all the terms and conditions of this contract and who shall be responsible for administration and clinical matters in the performance of services under this contract. The POC shall have full authority to act for the Contractor on all matters relating to the daily operation of this contract. The POC shall be available by telephone Monday through Friday during normal business hours (regularly 7:30AM to 4:00PM (PDT)) excluding National Holidays.

1. Conflict of Interest. The Contractor shall not employ any person who is an employee of the United States Government if the employment of that person creates a conflict of interest. The Contractor shall not employ any person who is an employee of the Department of Veterans Affairs (VA) unless such person seeks and receives approval in accordance with VA Regulations and public law. Nor shall the Contractor employee any person who is a member of the immediate family of a VA employee employed at the VA Health Care System if the employment of that family member would create a conflict of interest or appearance of a conflict of interest, particularly about influencing contract negotiations, terms of the contract, or the work carried out under the contract. In any such case, the VA must review the matter and give its approval in accordance with agency ethics rules. The Contractor shall ensure no violation of ethics occurs between VA staff, VA patients and families of VA staff. Staff shall not accept, solicit, allow or invite gifts, gratuities, or sales of items. Any occurrence shall be reported to the COR along with corrective action taken, and the reports will be kept on file for the duration of the contract.

1. Health and Human Services – Office of the Inspector General. To ensure that the individuals providing services under the contract 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 contract. Furthermore, the Contractor is required to certify in its proposal that all persons listed in its proposal have been compared against the OIG list and are not listed. During the performance of this contract, the Contractor is prohibited from using any individual or business listed on the List of Excluded Individuals/Entities.

1. HIPAA Compliance. The 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 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 of protected health information by covered entities, including the Department of Veterans Affairs (VA). In accordance with 45 CFR 164.502(e), the Privacy Rule includes exceptions to Business Associate Standard. This procurement meets Business Associate agreement requirements and does require a Business Associate agreement to cover an entity for disclosure of Protected Healthcare Information to a healthcare provider for treatment.

1. Performance Monitoring. A log will be maintained by the COR and updated in the contract file quarterly, relative to any problems or complaints associated with this contract. The log will document what resolution is reached regarding each issue, whether it was accomplished in a timely manner and indications of effective contractor Quality Control to avoid repeat occurrences.

1. VA Policy. Possession of weapons is prohibited. Enclosed containers, including tool kits, are subject to search. Violations of VA regulations may result in citations answerable in the United States (Federal) District Court.

1. Place of Performance. The contractor shall provide services at the mutual agreeable time between the counselor and the VA employee and/or their eligible family member. Telephone access to qualified counselors shall be provided 24 hours-per-day, 7 days-per-week, 365-days-per-year. The contractor shall provide a qualified counselor to respond to these calls.

1. Regularly Scheduled Work Hours. Regular work hours are defined as 7:30AM to 4:00PM (PDT) Monday through Friday, excluding weekends and National Holidays.

B.5 IT CONTRACT SECURITY/VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY.

1. GENERAL

Contractors, Contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.

2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

a. A Contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order.

b. All Contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for Contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.

c. Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness.

d. Custom software development and outsourced operations must be in the U.S. to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the Contractor/subcontractor must state where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor.

e. The Contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the Contractor or subcontractor’s employ. The Contracting Officer must also be notified immediately by the Contractor or subcontractor prior to an unfriendly termination.

1. 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 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 comply 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 during 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 enough grounds for VA to withhold payment to the Contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12.

g. If a VHA contract is terminated for cause, the associated BAA must also be terminated, and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship.

h. The Contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated.

i. The Contractor/subcontractor’s firewall and Web services security controls, if applicable, shall meet or exceed VA's minimum requirements. VA Configuration Guidelines are available upon request.

j. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the Contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA's prior written approval. The Contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response.

k. Notwithstanding the provision above, the Contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the Contractor/subcontractor is in receipt of a court order or other requests for the above-mentioned information, that Contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response.

l. For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require C&A or an MOU-ISA for system interconnection, the Contractor/subcontractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the COR.

4. INFORMATION SYSTEM DESIGN AND DEVELOPMENT

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

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

c. The standard installation, operation, maintenance, updating, and patching of software shall not alter the configuration settings from the VA approved and FDCC configuration. Information technology staff must also use the Windows Installer Service for installation to the default "program files" directory and silently install and uninstall.

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

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

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

g. The Contractor/subcontractor agrees to:

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

(a) The Systems of Records (SOR); and

(b) The design, development, or operation work that the Contractor/ subcontractor is to perform;

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

(2) Include this Privacy Act clause, including this subparagraph (3), in all subcontracts awarded under this contract which requires the…