36C26224Q1869.docx

Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice

GENERAL INFORMATION

CONTRACTING OFFICE ADDRESS

Department of Veterans Affairs NCO 22 - Network Contracting 3601 S. 6th Avenue Tucson AZ 85723

POINT OF CONTACT*

Contract Specialist Koby Thiel Koby.Thiel@va.gov (520)-792-1450 Ext 1-6273

PLACE OF PERFORMANCE

ADDRESS

Department of Veterans Affairs

NCO 22 - Network Contracting

11201 Benton St

Loma Linda CA

COUNTRY

ADDITIONAL INFORMATION

DESCRIPTION

This is a combined synopsis/solicitation for commercial products and commercial services prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Products and Commercial Services,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation document will not be issued.

This solicitation is issued as an RFQ. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-04.

This solicitation is set-aside for 100% Service-Disabled Veteran-Owned Small Business (SDVOSB) IAW VAR 819.7006 VA service-disabled veteran-owned small business set-aside procedures.

The associated North American Industrial Classification System (NAICS) code for this procurement is 621330, with a small business size standard of $9.0 Million. The FSC/PSC is Q403.

VA Loma Linda Healthcare System (VALLHCS) located at 11201 Benton St, Loma Linda, CA 92357 is seeking a potential qualified contractor that can provide psychological assessment services for its police officers.

All Interested entities shall provide quotations for the following:

1. Purpose

The purpose of this contract is to acquire initial and annual psychological evaluations and testing for Loma Linda VA Police Officers to determine an officer’s suitability to perform the duties of a VA Police Officer as well as to carry a firearm. The incumbent contractor will provide all necessary labor, supervision, equipment supplies, and materials, to provide psychological evaluations and testing for VA Police Officers.

2. Background

The Department of Veterans Affairs (VA) requires VA Police Officers to carry firearms. It is also mandated that all officers, current and new hire VA Police Officers, undergo initial psychological evaluation and annual evaluation, whichever is applicable. Officer’s encounters are often with mentally ill, irrational, or disturbed persons who, although assaultive or destructive, must be handled with understanding, full control of force, and unimpeded judgment. VA medical facilities are protected by VA Police Officers who have arrest authority, as defined by 38 U.S.C. Chapter 9. They protect life and property on VA owned or operated land and buildings and must regularly make decisions on the appropriate application of force, the use of a firearm, police baton, or OC spray. Applicant and incumbent VA Police Officers must meet certain functional requirements. In order to meet the specific behavioral functional requirements for the successful police officer, individuals must:

a. Possess a high level of personal integrity.

b. Be able to maintain control of anger and emotions.

c. Be compassionate towards others, especially those who cannot care for themselves.

d. Be able to quickly respond to emergency situations.

e. Have respect for authority and rule of law.

f. Be emotionally able to apply physical and possibly lethal force as needed, and to recognize when such force is necessary, but in strict accordance with training and policy requirements.

g. Be able to often work independently, but within a regimented group.

3. Description of Services

a. The Contractor shall provide initial, annual, and incident psychological evaluation of all VA Police Officers (including VA Police Supervisors, Training Officers, Detectives, Criminal Investigators, Deputy Chiefs, and Chiefs). All VA Police Officers shall be re-examined annually to determine their continued emotional suitability to perform the duties as required of a VA Police Officer. VA Police Officers will be directed by the Chief of Police to appear for a Fitness For Duty Exam (FFDE) when there is a sudden or dramatic change in an employee’s customary behavior that may increase concern to determine their continued emotional suitability to perform the duties as required of a VA Police Officer.

Concerning behavioral changes and/or issues may include, but are not limited to:

1. One or more personnel complaints, whether originated internally or externally, particularly complaints of the use of unnecessary or excessive force, inappropriate verbal conduct, or any conduct indicating an inability to exercise self-control and self-discipline.

2. An abrupt and negative change in customary behavior, toward an inability to perform essential functions of the position.

3. Irrational verbal conduct or behaviors, including delusions and hallucinations.

4. Suicidal statements or behaviors, or personal expressions of mental instability.

5. Unexplained and excessive tiredness or hyperactivity.

6. Dramatic change in eating patterns resulting in sudden weight loss or gain, or diagnosis of a life-threatening eating disorder.

7. Change in behavior pattern to inattention to personal hygiene and health.

8. Inappropriate use of alcohol, medications, or other drugs, including symptoms of illegal drug use.

9. Memory losses.

10. Impatience or impulsiveness, especially with a loss of temper.

confrontations.

12. Unexplained and inappropriate excessive lateness or absenteeism.

13. Any other factor or combinations of factors that causes a supervisor to reasonably suspect that a fitness for duty evaluation may be necessary.

b. Delivery of Service. The psychological evaluation will be completed within 30 days from the date the designated facility point of contact calls to set up appointment. If evaluation is completed off-site, the contractor will have the ability to meet with the VA Police applicant/officer at a location within 30-mile distance from the Loma Linda VA Health Care Facility. If the evaluation is conducted on-site, the contractor will utilize the Occupational Health or other approved/identified examination room to conduct the evaluation. Initial evaluations shall be completed face-to-face or virtually. Annual, incident, and fitness for duty evaluations may also be accomplished by conducting the evaluation face-to face or virtually.

c. Psychological Assessment. The initial and annual medical examinations must include a psychological assessment of the VA Police applicant/officer’s emotional and mental stability by a contracted evaluator. VA Police Officer duties include personal encounters with patients, visitors, and other employees. Encounters are often with mentally ill, irrational, or disturbed persons who, although assaultive or destructive, must be handled with understanding, full control of force, and unimpeded judgment. Any emotional or mental condition which could cause the police applicant/officer to be a hazard to others or self during stress situations and physical altercations will disqualify. The psychological assessment will be limited to an interview by a psychologist or psychiatrist covering only job-related factors.

d. Psychological Testing. Standardized psychological testing may be used only after reason to question the police applicant/officer’s suitability has arisen. If, during the psychological assessment (the interview), the psychologist/psychiatrist has an articulable reason to doubt that the officer is capable of performing the duties of a VA Police officer, the contracted evaluator should make a formal recommendation for psychological testing to the Employee Health physician. In such a situation the Employee Health physician may approve such a recommendation and direct appropriate psychological testing. The contracted evaluator will also notify the Chief of Police to advise of the pre-employment evaluations results and result and recommendations.

e. Requirements for Interview/Testing. Initial interviews are conducted with any newly hired VA Police Officer and annual interviews are conducted with VA Police Officers every year thereafter the initial interview.

1. On initial interview with a newly hired VA Police Officer at the VA Health Care Facility, the contracted evaluator will complete the following, or comparable as noted below, referencing “test instruments”.

a. The Post Offer Psychological Evaluation Disclosure and Informed Consent Statement

b. Minnesota Multiphasic Personality Inventory-2 (MMPI-2), (the most widely used and accepted psychological test in the United States today for public safety pre-employment candidates) or Minnesota Multiphasic Personality Inventory-revised (MMPI-2 RF PCIR)

c. California Psychological Inventory (CPI)

d. Generalized Anxiety Disorder – 7 (GAD-7)

e. Patient Health Questionnaire-9 (PHQ-9)

f. Interview with Officer to determine psychological safety to ensure the officer is able to work within the department at the VA Health Care Facility.

g. 16 Personality Factors (16PF)

h. COPS-R (Sworn Applicants Only)

i. Sentence Completion Test (SCT)

j. Written Report (Provided to Employee Health)

2. On an annual interview with a VA Police Officer who is currently working at the VA Health Care Facility, the contracted evaluator will complete the following, or comparable as noted below, referencing “test instruments”:

a. PHQ-9

b. GAD-7

c. Interview with Officer to determine psychological safety to ensure the officer is able to work within the department at the VA Health Care Facility.

Test Instruments: The government does not require exclusive use of the specific tests referenced immediately above. The contracted evaluator must use psychological measures with well validated police normative data to assess the applicant/officer’s stability (e.g. Personality Assessment Inventory, MMPI-2, etc.) and suitability (e.g. 16PF, NEO, etc.). Further, use of test instruments for annual evaluations is at the discretion of the contracted evaluator.

3. Annual Psychological Evaluations for incumbent VA Police Officers in accordance with the Secretary’s Directive establishing the authority to arm VA Police Officers. The Office of Security and Law Enforcement and Mental Health Strategic Health Care Group in Headquarters have jointly developed guidance to assist in conducting psychological evaluations. This guidance is designed to determine a VA Police Officer’s capability of conducting designated functional requirements essential to the duties of a VA Police Officer; including an officer’s suitability to carry a firearm. The psychological evaluation is limited in the manner described in the Chief of Psychology Service’s memo to the Occupational Health Physician dated August 30, 1996.

The components of that evaluation include, and are limited to:

· Clinical Interview, as specified above

· Written Report, provided to the facility

4. Re-test, if during the psychological evaluation for incumbent VA Police Officers, the psychologist has an articulable reason to doubt the officer is capable of performing the duties of a VA Police Officer (including the use of a firearm).

5. The incumbent contractor will provide the POST Psychological Suitability Declaration of the candidate’s oral interview, in the form of a one-page letter to the Occupational Health Physician at the facility where the VA Police Officer is assigned. The report will indicate Pass/Fail; Recommended/Not Recommended for use of a firearm at a VA Medical Center. A second copy will be sent to the Chief of Police, within five (5) business days of evaluation.

6. Privacy Act Notification: Any reports, as well as internal working documents generated by the incumbent contractor, are property of the VA and will be kept confidential from the officer. The contractor and/or staff are not authorized to disclose any information pertaining to a VA employee to any source. Any request for information will be forwarded to the Occupational Health Physician.

7. Requirements for the Contracted Evaluator. The contractor will need to be available to provide 24/7/365 first responders Critical Incident Services, such as serious use of force/officer involved shooting support and stress management services.

8. The Contracting Officer Representative (COR), or the officer as directed by the COR, will notify the contractor of the patient’s name and type of evaluation required, in the month prior to the evaluation being due to set-up an in-person or virtual appointment; whichever appointment has been deemed appropriate by the facility. The COR will coordinate with the contractor to set-up a best practice in setting up evaluations with the officers.

4. Credentialing and Privileging

a. Contractor will ensure that all psychologists be employed under this contract participate in the VA Credentialing and Privileging process. Contracted evaluators working on site at the Loma Linda VA Healthcare Facility will be credentialed and privileged for that facility as described in VHA HANDBOOK 1100.19: Credentialing and Privileging. The contracted evaluator(s) must participate in the credentialing privileging process through at least one facility in VISN 22. The credentialing/privileging will be shared with other VISN 22 facilities through a Memorandum of Understanding/ Telehealth Service Agreement. The Contractor will provide copies of current requirements and updates as they are published. No services will be provided by any contracted evaluator prior to completing the credentialing and privileging process outlined above.

b. Privileges will require renewal at least every two years in accordance with Medical Center and The Joint Commission requirements.

c. Upon receipt of notice of award, contractor will immediately commence the credentialing and privileging process for all psychologists proposed to provide services under the contract through the VA Healthcare Facility (unless currently credentialed and privileged at the facility). The contracted evaluator will be provided a VA point of contact for the credentialing/ privileging process upon award.

5. Tort Claims

Contractor employees are not covered by the Federal Tort Claims Act. When a Contractor employee has been identified as a provider in a tort claim, the contractor employee is responsible for notifying the Contractor’s legal counsel and/or insurance carrier. Any settlement or judgement arising from a contractor employee’s action or non-action is the responsibility of the Contractor and/or insurance carrier.

6. Contract Monitoring and Quality Assurance

The VA COR (Contracting Officer’s Representative) will communicate with the Loma Linda Medical Center Chief of Police to determine whether required assessments were performed as scheduled and whether all contract requirements are being met. Any incidents of contract non-compliance as evidenced by these monitoring procedures shall be forwarded immediately to the Network Contracting Officer.

Approximately two months after contract award, a VA psychologist will review randomly selected cases to ensure standardization of procedures and the reliability/validity of the Contractor’s results. The police applicant/officer’s name will be expunged from cases to ensure confidentiality. Reviews will thereafter be completed on an annual basis during the term of the contract unless required more frequently due to performance problems or complaints. This audit of randomly- elected cases necessarily encompasses the contracted evaluator’s results; however, this is a quality assurance method used by the government to ensure compliance with the terms and conditions of the contract. It is not direct clinical supervision of the contracted evaluator’s work.

7. Substitution of Key Personnel

a. The Contractor shall assign to this contract the following key personnel:

The psychologist(s) proposed in the contractor’s technical proposal.

b. During the first ninety days of performance, the Contractor shall make NO substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. 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 c below. After the initial 90-day period of the contract, the Contractor shall submit the information required by paragraph c to the Contracting Officer at least 15 days prior to making any permanent substitutions.

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

8. Deliverables

· First Copy:

The first copy of results/reports will be discussed with the Occupational Health Physician at the VA Medical Center where the VA Police Officer is stationed and mailed to: This information will be disseminated after contract award.

· Second Copy:

A second copy of the results/reports will be mailed to the Chief of Police at the duty station of the examined VA Police Officer: This information will be disseminated after contract award.

9. Staff Qualifications

The contractor will provide licensed Clinical Psychologists who will conduct the oral interviews and are culturally competent clinicians also in compliance with the California Government Code 1031 (f)(2)(B), which obligates Clinical Psychologists meet applicable education and training procedures set forth by the California Peace Officer Standards and Training (POST). Clinical Psychologists complete the required 12 CEU's for POST every 2-year cycle. The individual must, at a minimum hold a PhD in Psychology, and a license to practice independently in the State of California.

10. VA Informational Custodial Language

a. Information made available to the contractor or subcontractor by the VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract will be used only for those purposes and will 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 records/resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements, only as it relates to VA records and/or personnel.

c. Prior to termination or completion of this contract, contractor 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 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 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 will 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 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 will 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 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 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, will 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 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 will 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 will 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 COTR.

11. 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 will 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, the contractor’s notice to VA will 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 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 will 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 will 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.

12. 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 processes or maintains under this contract.

b. The contractor will 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 will 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 will 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;

c. Number of individuals affected or potentially affected;

d. Names of individuals or groups affected or potentially affected;

e. 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;

f. Amount of time the data has been out of VA control

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

h. Known misuses of data containing sensitive personal information, if any;

i. Assessment of the potential harm to the affected individuals;

j. Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; and

k. 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.

3. Based on the determinations of the independent risk analysis, the contractor will 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:

a. Notification;

b. One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports;

c. Data breach analysis;

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

e. One year of identity theft insurance with $20,000.00 coverage at $0 deductible; and

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

13. Training

1. All contractor employees requiring access to VA information and VA information systems will complete the following before being granted access to VA information and its systems:

a. 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;

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

c. Successfully complete the appropriate VA privacy training and annually complete required privacy training; and

d. Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system access [to be defined by the VA program official and provided to the contracting officer for inclusion in the solicitation document – e.g., any role-based information security training required in accordance with NIST Special Publication 800-16, Information Technology Security Training Requirements.]

e. The contractor will provide to the contracting officer and/or the COR a copy of the training certificates and certification of the initiation of the contract and annually thereafter, as required.

Hours of Work:

Contractor’s Office/Workplace

7:30 AM – 4:30 PM

** Excluding National Holidays

National Holidays:

If the 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, and any day specifically declared by the President of the United States of America.

Overtime & Holiday Pay:

1. Any overtime and/or holiday pay that may be entitled to the Contractor’s employees will be the sole responsibility of the Contractor and will not be billed to nor reimbursed by the Government.

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

Contractor Personnel Background Requirements:

1. The Office of Security and Law Enforcement (OS&LE) 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. 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.

2. Personnel who require access to VA computer systems will 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 will be responsible for the actions of those individuals performing under the contract.

3. Should the contract require contractor personnel to maintain U.S. citizenship, the contractor will 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.

4. The cost of such investigations will be borne by the contractor, either in advance or as reimbursement to the Government. The level of sensitivity will 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.

5. The contractor will 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 contractor personnel. The VA will provide all the necessary instructions and guidance for submission of the documents required to conduct the background investigation.

Contractor Personnel:

The contractor will provide a contract program manager who will be responsible for the performance of the work. The name of this person will be designated in writing to the Contracting Officer. The Contractor’s Program Manager will have full authority to act for the Contractor on all contract matters relating to daily operation of this contract.

1. Program Manager Company Name:

Address:

Phone No:

Contact Name:

Email:

Contractor Employees:

1. The Contractor will not employ persons for work on this contract if such employee is identified to the contractor as a potential threat to the health, safety, security, general well-being or operational mission of the installation and its population.

2. Contract personnel will be subject to the same quality assurance standards or exceed current recognized national standards as established by the Joint Commission (JC).

Insurance Coverage:

The Contractor agrees to procure and maintain, while the contract is in effect, Workers Compensation and Employee’s Public Liability Insurance in accordance with Federal and State of California and/or Nevada laws. The Contractor will be responsible for all damage to property, which may be done by him/her, or any employee engaged in the performance of this contract.

The Government will be held harmless against any or all loss, cost, damage, claim expense or liability whatsoever, because of accident or injury to persons or property of others occurring in the performance of this contract.

Before commencing work under this contract, the Contracting Officer will require the Contractor to furnish certification from his/her insurance company indicating that the coverage specified by FAR 52.228-5 and per FAR Subpart 28.307-2 has been obtained and that it may not be changed or canceled without guaranteed thirty (30) day notice to the Contracting Officer.

Contractor is required to provide copies of proof of Workers Compensation and Employee Public Liability Insurance within fifteen (15) calendar days after notification of contract award.

Invoicing & Payment

The Contractor will 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 will be reviewed for accuracy and will 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

2. Contract number

3. Purchase order number

4. Month Billed

5. Hours

6. Cost

7. Date

No advance payments will be authorized. Payment will 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.

Documents submitted with quotes SHALL include following:

Examples of:

· Personality Assessment Inventory (PAI)

Proof of:

· PhD in Psychology

· License to practice independently in the State of California.

· Description on how your entity plans on performing the required services.

The contract period of performance is 10-1-2024 – 9/30/2029, with an FOP of Destination

Place of Performance/Place of Delivery:

VA Loma Linda Healthcare System 11201 Benton St Loma Linda, CA 92357

The full text of FAR provisions or clauses may be accessed electronically at http://acquisition.gov/comp/far/index.html.

The following solicitation provisions apply to this acquisition:

1. FAR 52.212-1, “Instructions to Offerors–Commercial Products and Commercial Services”

2. FAR 52.212-3, “Offerors Representations and Certifications–Commercial Products and Commercial Services”

Offerors must complete annual representations and certifications electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal in accordance with FAR 52.212-3, “Offerors Representations and Certifications–Commercial Products and Commercial Services.” If paragraph (j) of the provision is applicable, a written submission is required.

The following contract clauses apply to this acquisition:

· FAR 52.212-4, “Contract Terms and Conditions–Commercial Products and Commercial Services” (Dec 2022).

ADDENDUM to FAR 52.212-4, “Contract Terms and Conditions-Commercial Products and Commercial Services” applies to and is included with this acquisition.

· FAR 52.212-5, “Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Products and Commercial Services” (Sep 2023).

The following subparagraphs of FAR 52.212-5 are applicable: (b)(4), (5), (9), (11), (22), (25), (26), (29), (31), (36), (39), (47), (51), (55), and (59).

All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests. This is accomplished through the Tungsten Network located at: http://www.fsc.va.gov/einvoice.asp. This is mandatory and the sole method for submitting invoices.

All quoters shall submit the following: All information required by FAR 52.212-1(b) Submission of Offers.

All quotes shall be sent to the Network Contracting Office (NCO): Koby.Thiel@va.gov

Award will be based upon a comparative evaluation of quotes in accordance with the Simplified Acquisition Procedures of FAR 13. Comparative evaluation is the side by side pairwise comparison of quotes based on factors resulting in a Contracting Officer decision for the quote most favorable to the Government.

Options will be evaluated at time of award.

The following are the decision factors: Price, and past performance, with price more important.

Past performance will be based on CPARS and FAPIIS ratings. No rating in CPARS is equal to a neutral rating.

The award will be made to the response most advantageous to the Government.

Responses should contain your best terms, conditions.

To facilitate the award process, all quotes must include a statement regarding the terms and conditions herein as follows:

"The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition."

OR

"The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following:"

Quoters shall list exception(s) and rationale for the exception(s), if any.

Final submission of your response shall be received not later than 8/26/2024, 8:00 AM PDT at Koby.Thiel@va.gov only. Subject line should include “RESPONSE TO RFQ 36C26224Q1869.”

Submissions shall include your quote using the price schedule below as well as a capabilities statement with qualifications proving all certifications and education required for the work being conducted in the SOW. Submissions not meeting all requirements of the SOW will be considered ineligible for award.

Quotes should be based on the information provided as no discussions will be allowed. This solicitation is being made under FAR 13.106-2(b)(3) using Simplified Acquisition Procedures.

Late submissions shall be treated in accordance with the solicitation provision at FAR 52.212-1(f).

All questions are to be submitted to Koby Thiel, Koby.Thiel@va.gov, by September 16th, at 3:00 PM PDT.

All quotes regarding this solicitation should be forwarded in writing via e-mail to the Point of Contact listed below.

Koby.Thiel@va.gov

GRAND TOTAL:

A.1 VAAR 852.219-74 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)

(a) Definition. For the Department of Veterans Affairs, ‘‘Veteran-owned small business or VOSB’’:

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more Veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more Veteran(s);

(ii) The management and daily business operations of which are controlled by one or more Veteran(s);

(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document.

(iv) The business has been verified for ownership and control pursuant to 38 U.S.C. 8127 and 13 CFR 128, and is certified and listed in the SBA certification database at https://veterans.certify.sba.gov/; and

(v) The business agrees to comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size and government contracting, and the Veterans Small Business Certification Program at 13 CFR parts 121, 125, and 128.

(2) ‘‘Veteran’’ is defined in 38 U.S.C. 101(2).

(3) The term ‘‘small business concern’’ has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632).

(4) The term ‘‘small business concern owned and controlled by Veterans’’ has the meaning given that term under section 3(q)(3) of the Small Business Act (15 U.S.C. 632(q)(3)), except that for a VA contract the firm must be certified and listed in the SBA certification database.

(5) The term “VOSB participant” or certified VOSB means a small business that has been certified as eligible to participate in the Veteran Small Business Certification Program and listed in the SBA certification database (see 13 CFR 128.102). It includes certified service-disabled veteran-owned small businesses (SDVOSBs).

(b) General. In order for a concern to submit an offer and be eligible for the award of a VOSB set-aside or sole source contract, the concern must qualify as a small business concern under the size standard corresponding to the NAICS code assigned to the contract and be certified and listed as a VOSB or SDVOSB participant in the certification database as set forth in 13 CFR 128.

(1) Offers received from entities that are not certified VOSBs or SDVOSBs and listed in the SBA certification database at the time of offer shall not be considered.

(2) Any award resulting from this solicitation shall be made only to a certified VOSB who is eligible at the time of submission of offer(s) and at time of award.

(3) The requirements in this clause apply to any contract, order or subcontract where the firm receives a benefit or preference from its designation as a VOSB, including set-asides, sole source awards, and evaluation preferences.

(c) Representation. Pursuant to 38 U.S.C. 8127(e), only certified VOSBs listed in the SBA certification database are considered eligible to receive award of a resulting contract. By submitting an offer, the prospective contractor represents that it is an eligible and certified VOSB as defined in this clause, 13 CFR 121, 125, and 128, and VAAR subpart 819.70.

(d) Agreement/LOS certification. When awarded a contract action, including orders under multiple-award contracts, a VOSB agrees that in the performance of the contract, the VOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size, and government contracting programs at 13 CFR parts 121 and 125, including the non-manufacturer rule and limitations on-subcontracting (LOS) requirements in 13 CFR 121.406(b) and 125.6. For the purpose of the limitations on subcontracting, only certified VOSBs listed in the SBA certification database, (including independent contractors) shall be considered eligible and/or ‘‘similarly situated’’ (i.e., a firm that has the same small business program status as the prime contractor). An otherwise eligible firm further agrees to comply with the required LOS certification requirements in this solicitation (see 852.219–75 and/or 852.219–76 as applicable). These requirements are summarized as follows:

(1) Services. In the case of a contract for services (except construction), the VOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance to firms that are not certified VOSBs listed in the SBA certification database (excluding direct costs to the extent they are not the principal purpose of the acquisition and the SDVOSB/ VOSB does not provide the service, such as airline travel, cloud computing services, or mass media purchases). When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

(2) Supplies/products.

(i) In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), the VOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not certified VOSBs listed in the SBA certification database. When a contract includes both supply and services, the 50 percent limitation shall apply only to the supply portion of the contract.

(ii) In the case of a contract for supplies from a non-manufacturer, the VOSB prime contractor will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) has been granted. Refer to 13 CFR 125.6(a)(2)(ii) for guidance pertaining to multiple item procurements.

(3) General construction. In the case of a contract for general construction, the VOSB prime…