36C77018Q0433-000.docx

FedBizOpps Sources Sought Notice

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ADDITIONAL INFORMATION

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* = Required Field FedBizOpps Sources Sought Notice Rev. March 2010 Investigative Services for the Tucson CMOP The awarded contractor must be geographically located within the city limits of Tucson.

66048-5581 36C77018Q0433 N 561611 Department of Veterans Affairs National CMOP 3450 S. 4th St. Trafficway Leavenworth KS 66048-5581 Sierra, Alejandra 913-684-0147 Alejandra.sierra@va.gov Tucson CMOP-762 3675 Britannia Dr.

Tucson, AZ 85706-5041

USA

The Department of Veterans Affairs, VISN 15 CMOP Contracting Office is doing a sources sought for an IDIQ. This IDIQ will be for a base year and four one year options for Investigative Services. The NAICS code is 561611 with a size standard of $20.5 Million. All specifications are included with this Sources Sought notice. The close date will be on or about April 13, 2018. Any contractor who can perform this requirement please send information on where you are located and any branch offices. The VISN 15 CMOP Contracting Office address is: VA CMOP, Network 15 Business Office, Contracting Office, 3450 S. 4th Street Trafficway, Leavenworth, KS 66048. Attention Alejandra Sierra, Contracting Specialist. The email address is alejandra.sierra@va.gov. The phone number is 913-684-0147.

The awarded contractor must be geographically located within the city limits of Tucson.

Possess a valid Arizona State private investigator license in the name of the contractor or his/her own individual business name.

1. BACKGROUND

The VA Consolidated Mail Outpatient Pharmacy (CMOP) in Tucson Arizona is one of seven CMOP facilities located throughout the United States. CMOPs are mail order pharmacies that support VA Medical Centers (VAMC’s) by refilling over 80% of Veterans prescriptions. The prescription turnaround times are effected when CMOP incurs unfounded and erroneous absences due to employee abuse of the Federal Office of Worker’s Compensation Program (OWCP) and the Family and Medical Leave Act (FMLA). The Southwest CMOP has acquired a need to hire a Private Investigator (PI) service to ensure the Veteran prescription turnaround time is not effected by CMOP employees that abuse government programs.

2. SCOPE

The Private Investigator (PI) shall assist Southwest CMOP with their internal investigations of current or former employees suspected of fraud waste and abuse of Worker’s Compensation Program (OWCP) compensation cases and Family and Medical Leave Act (FMLA). The CMOP will defer the PI results to the Chief Business Office – Workforce Management (CBO-WFM) if the PI uncovers credible evidence of willful wrongdoing. Individual case requests will be placed on an “as-needed” basis through email and/or phone call to the contractor. The contractor must be able to mobilize PI personnel within 4 hours of receiving a new case request or within 10 minutes for ongoing cases to include being on location within one hour after mobilization. The Contracting Officer (CO) or a delegated Ordering Officer (OO) within the Southwest CMOP are the only ones authorized to initiate a request for mobilization to the PI. Detailed status reports shall be sent to the Southwest CMOP and Contracting Officer’s Representative (COR) at the conclusion of each mobilization. The contactor shall establish a kickoff meeting with the CMOP to discuss the investigative approach, case information, concerns and the overall expectations of the investigation prior to the commencement of the investigation by the PI. The awarded contractor must be geographically located within the city limits of Tucson.

3. QUALIFICATIONS

To qualify for an investigative contract and to perform services pursuant to this contract, contractor must;

3.1. Possess a valid Arizona State private investigator license in the name of the contractor or his/her own individual business name. A copy of the license must accompany the contractor’s proposal.

3.2. Have a minimum of three years proven past experience as a PI performing at a satisfactory level or above. Experience working with federal, state and local governments on OWCP and FMLA cases is preferred.

3.3. Have an Office or Branch located within the Tucson metropolitan area located in close proximity to the Southwest CMOP. Office or Branch address must accompany the contractor’s proposal.

3.4. Have ample qualified resources available to react to multiple CMOP mobilizations simultaneously without impacting the PI’s performance. A list of qualified PI employees shall accompany the contractor’s proposal.

3.5. Successfully pass a criminal background check. Any arrest, regardless of whether a conviction was obtained, must be disclosed in the contractor’s proposal.

3.6. Not be receiving Worker’s Compensation benefits for an on-the-job injury.

3.7. Not be under investigation for fraud, waste, or abuse of government programs.

4. GENERAL INFORMATION

4.1. Private Investigator’s (PI) are not federal law enforcement officers and are strictly prohibited from representing themselves as such. Further, are prohibited from participating in any law enforcement related activities involving suspect claimants, including but not limited to, field interrogations, arrests, search warrants, dynamic building entries, vehicle pursuits, emergency responses or other law enforcement related activities. Any surveillance activities performed by the Private Investigator (PI) of suspect claimants must be done in accordance with federal, state, and local laws and ordinances.

4.2. Contractor’s relationship to the government shall be as an independent contractor and not as an employee. This contract does not constitute, create, give rise to or otherwise recognize a joint venture, partnership, agency or employment relationship. The rights and obligations of the Parties shall be only those expressly set forth in the contract. No persons supplied by contractor in the performance of obligations under the contract are considered to be government employees, and no rights of government civil service, retirement or personnel rules attach for the benefit of such persons. Contractor shall have complete responsibility for all salaries, wages, bonuses, retirement withholdings, worker’s compensation, other employee benefits and all taxes and premiums relating to such persons, and shall save and hold the government harmless with respect to those obligations in the event of a claim for one or more of them is brought against the government.

4.3. To the fullest extent permitted by law, contractor shall defend, indemnify, and hold harmless the government, its agents, representatives, officers, directors, officials, and employees from and against all claims, damages, losses and expenses, including, but not limited to, attorney fees, court costs, expert witness fees, and the cost of appellate proceedings, relating to, arising out of, or alleged to have resulted from the negligent acts, errors, omissions, mistakes or malfeasance relating to the performance of this contract.

4.4. TYPE OF CONTRACT

The proposed contract will incorporate a combination of FAR Part 8.4 –Federal Supply Schedules; FAR Part 13 – Simplified Acquisition; and FAR Part 16.2 – Fixed Price contracts.

4.5. ORDERS:

Individual orders shall be placed with the contractor by means of a request for services via email or telephone issued by the CO or delegated OO.

4.6. ORDER LIMITATIONS:

Minimum order. When the government requires supplies or services covered by this contract in an amount of less than $100, the government is not obligated to purchase, nor is the contractor obligated to furnish, those supplies or services under the contract. The contractor shall honor any order meeting the minimum order limitations in this paragraph, unless that order (or orders) is returned to the CO within 4 hours of receiving a new case request or within 10 minutes for subsequent requests with written notice stating the contractor's non-availability or intent not to provide the services requested and the reasons. Upon receiving this notice, the government may acquire the supplies or services from another source.

4.6.1. Minimum Delivery Requirements Notification: The contractor shall be notified at least 10 minutes prior to a required need.

4.6.2. Cancellation Policy. The contractor shall receive notification to cancel a requirement by the close of business day, 4:00pm MST, on the day before the requirement is scheduled to start if advance notice was given.

4.7. ESTIMATED QUANTITIES:

This estimate is not a representation to an offeror or contractor that the estimated quantity will be required or ordered, or that conditions affecting requirements will be stable or normal. At this time the CMOP estimates a minimum of two task orders and maximum of twenty (20) per year.

4.8. PRIMARY PLACE Of PERFORMANCE

The place of performance shall be primarily in the vicinity of Tucson Arizona.

4.9. ALTERNATE PLACES OF PERFORMANCE:

CBO-WFM, Topeka, Kansas is the regional office that handles investigation requests for other locations within the Veterans Affairs (VA). Contractor may be required work outside the Tucson area.

4.10. PERIOD OF PERFORMANCE:

This requirements contract shall be for a base period ending twelve months after receipt of order (base year) plus four twelve month option years. The following represents an estimated period of performance table.

4.10.1. Notice of an extension must be served in writing by the CO thirty (30) days prior to the scheduled expiration date.

4.10.2. The extension may be granted subject to the availability of funds.

4.11. FEDERAL HOLIDAYS

The contractor shall work federal holidays as needed.

4.12. HOURS OF OPERATION.

The contractor shall be available 24 hours a day, seven days a week on an as needed basis.

5. MANDATORY REQUIREMENTS

5.1. Must have law enforcement and/or criminal investigative experience.

5.2. Must not have been fired from previous jobs or had contracts terminated for poor performance, poor attendance, or illegal activity.

5.3. Must not have been involved in or removed for any form of workplace violence while previously employed.

5.4. Must not carry a firearm or other dangerous weapon on their person or in their private vehicle while performing services under this contract, regardless if licensed to carry the weapon. Must not carry a firearm or other dangerous weapon onto private or government property.

5.5. Must not engage in any form of sexual harassment, racial or other discrimination during the performance of the contract.

5.6. Must not do anything that would place themselves or others in a position of needless danger.

5.7. Ability to maintain confidentiality regarding ongoing investigations of a sensitive nature.

5.8. Must work, as directed by the Contracting Officer’s Representative (COR) or required by the nature of the case, week days, unusual hours including evenings, late nights, weekends, and holidays, as required, at the designated hourly rate, without overtime pay, holiday pay, or nighttime differential.

5.9. Conduct surveillance activities and videotape activities of suspect claimants.

5.10. Work weekdays, irregular hours, including weekends and holiday, often under adverse conditions.

5.11. Ability to work irregular hours (evenings and nights), including weekends and holidays, often under adverse conditions and cannot exceed 400 hours per case without prior approval of the Contracting Officer’s Representative (COR).

5.12. Interview and/or visit claimants, witnesses, CMOP personnel, public and private sector employees, employers, and others to secure and document information and evidence related to CMOP OWCP and FMLA cases.

5.13. Analyze data from employment, CMOP, FMLA, OWCP files and other pertinent sources for indications of possible fraud as it relates to the Injury Compensation Program.

5.14. Interact routinely with private sector and federal personnel assigned to safety, health and injury compensation and representatives of the CMOP and U. S. Department of Labor and OWCP.

5.15. Interview and/or visit claimants, witnesses, CMOP personnel, public and private sector employees, employers, and others to secure and document information and evidence of suspected fraud within the Injury Compensation Program.

5.16. Interact with other federal, state, and local agencies including, but not limited to performing criminal record checks, driver’s license checks, and/or insurance company record checks.

5.17. Ability to analyze documents and elicit factual information.

5.18. Review and analyze claim files and records, limited to assigned FMLA and OWCP cases, may have access to public and agency records to gather information. The PI does not review for completeness and accuracy, does not process claims or otherwise perform the claims management duties of the Injury Compensation Specialists.

5.19. Make detailed reports of findings to the Director, CBO-WFM, CMOP, U. S. Department of Labor, and Injury Compensation Unit as appropriate. Prepare other written reports and correspondence as warranted.

5.20. Ability to travel extensively and for extended periods of time as needed with little or no advance notice or preparation.

5.21. Must not discuss any cases under active investigation with the news media or any unauthorized person unless authorized to do so by the Human Resources Officer or Public Affairs Officer for the CBO-WFM or for the National CMOP Office.

5.22. Ability to work independently and provide the Contracting Officer’s Representative (COR) with a weekly update of investigative activity. The report can be the basis of extending the services or reducing the services as outlined in the request to perform specific services.

5.23. Must understand performance of these contract services may ultimately result in the identification, arrest, prosecution and/or removal of current or former CMOP employees and may cause the current or former CMOP employee to lose future entitlement to worker compensation benefits.

5.24. Testify at Administrative and Judicial Hearings, Civil, and Criminal Court proceedings as required.

5.25. Must agree, if the contract is completed or terminated for any reason, to be available, as required, for court proceedings, administrative hearings, grand jury appearances, etc.

5.26. Must understand all notes, files, videotapes, photographs, etc., prepared or obtained while under contract are the property of the VA, CBO-WFM and the National CMOP and must be returned if the supplier is terminated for any reason and upon completion of the contract.

6. EQUIPMENT

6.1. Possess a valid Driver’s License

6.2. Must provide own transportation, including use of a private vehicle, as needed in the course of business.

6.3. Must provide personal office equipment including professional quality camcorder, digital or 35mm camera with zoom lens (throw-away camera not acceptable), office, computer equipment, internet capability and a working e-mail address.

6.4. Must have a phone and reliable cellular phone connectivity within the Tucson metropolitan area.

7. DELIVERABLES/REPORTS

7.1. Contractor shall acknowledge receipt of an assignment within 4 hours of receiving a new case request by CMOP. The contractor shall acknowledge receipt within 10 minutes for subsequent requests for all ongoing cases.

7.2. Contractor shall perform a background check prior to initiating a field investigation or mobilization unless directed otherwise by the CMOP. Background checks shall include, but are not limited to, social media, public records, police reports and information from other legal sources.

7.3. Contractor shall ensure the background information matches the information provided by CMOP prior to performing a field investigation or mobilization unless directed otherwise by the CMOP. Photos shall be included in the contractor’s report.

7.4. Contractor shall summarize the investigation at the conclusion of each day to include recommendations for further investigations, if any. The summary shall include, but are not limited to, details and time stamps for all events that took place during investigation.

7.5. Contractor shall send a detailed investigation report within 5 days of receipt of closing the assignment. The report may be provided to the listed CMOP and COR via e-mail, or other technology deemed acceptable by the CO. Contractor shall provide a hard copy with attachments, photos, recording or video, if requested by the COR.

8. INSURANCE REQUIREMENTS

8.1. Private Investigator’s (PI) must maintain applicable insurance requirements outlined in the contract schedule.

8.2. Evidence of Insurance Coverage: Before commencing work under this contract, the contractor shall furnish to the Contracting Office (CO), a certificate of insurance indicating the coverage outlined and containing an endorsement to the effect that cancellation of, or any material change in the policies which adversely affect the interest of the government in such insurance shall not be effective unless a 30-day advance written notice of cancellation or change is furnished to the Contracting Office (CO).

8.3. In lieu of insurance coverage required, the contractor may furnish evidence of financial responsibility in the form of a qualified, self-insurance program, an irrevocable letter of credit, or a letter in which the contractor agree to accept financial responsibility and further states that the contractor is financially able to meet all claims up to the amount specified. The furnishing of such evidence of insurance coverage or financial responsibility MAY NOT be waived.

8.4. Schedule of Insurance Coverage: In accordance with FAR Clause 52.228-5, the following minimum coverage shall apply to this contract.

8.5. Workers Compensation and Employer’s Liability: Contractors are required to comply with applicable Federal and State worker’s compensation and occupational disease statutes. If occupational diseases are not compensable under statutes, they shall be covered under the employer’s liability section of the insurance policy, except when contract operations are so commingled with a contractor’s commercial operations that it would not be practical to require coverage.

8.6. Employer’s Liability coverage of at least $100,000 is required, except in States with exclusive and monopolistic funds that do not permit worker’s compensation to be written by private carriers.

8.7. General Liability: $500,000 per occurrence.

8.8. Automobile Liability: $200,000 per person; $500,000 per occurrence and $20,000 property damage.

9. PERFORMANCE, EVALUATION, AND SETTLEMENT

9.1. The Contracting Officer’s Representative (COR) will be responsible for inspecting the service being performed to ensure that it is in accordance with the contract requirements.

9.2. The COR will immediately bring to the attention of the contractor all unsatisfactory service. If the service continues to be unsatisfactory, written notification of the deficiencies will be issued by the Contracting Officer (CO). Continued unsatisfactory performance may be cause for termination of the contract.

9.3. The COR will be responsible for all technical aspect of this agreement including payment issues.

9.4. Service employees who will be employed in the performance of this contact shall be paid no less than the wages as indicated in the applicable Wage Determination standards.

9.5. The COR will be responsible for all technical aspect of this agreement including payment issues.

9.6. The PI will provide written findings in connection with specific FLMA and Workmen’s Compensation claims cases within 5 days of conclusion of investigations.

9.7. Reimbursement of Lodging will not exceed the prevailing government Per Diem rate.

9.8. Reimbursement of Travel (Mileage) miles will be paid at prevailing government rate only in excess of 50 miles. Travel (Mileage) miles less than 50 miles will not be reimbursed.

9.9. Invoices shall be submitted promptly by the 15th calendar day following the end of the month which services are rendered. All invoices must include the Office of Worker’s Compensation Program (OWCP) claim number or Family Medical and Leave Act (FMLA) and the total number of hours billed. Failure to include this information may delay settlement payments.

9.10. Unless settlement is paid via government credit card purchase, the settlement invoices must be sent to Austin, Texas. The contractor must have the ability to accept government purchase card as payment.

9.11. No obligation will be incurred by the CMOP under this agreement until actions are issued for PI services.

9.12. The VA agrees to make payment on a timely basis for services rendered in accordance with such authorizations upon the receipt of proper invoices submitted by the PI.

10. SECURITY – PRIVACY REQUIREMENTS

10.1. All contractors and contractor personnel shall be subject to the same Federal laws, regulations, standards and VA policies as VA, and VA personnel, regarding information and information system security. Contractors must follow policies and procedures outlined in VA Directive 6500, Information Security Program and its handbooks to ensure appropriate security controls are in place.

10.2. All contractor employees and sub-contractor employees requiring access to VA sensitive information and/or VA information systems shall complete the following before being granted access to VA networks or sensitive information:

10.3. Sign and acknowledge understanding of and responsibilities for compliance with the attached National Rules of Behavior relating to access to VA information and information systems; Successfully complete VA Cyber Security Awareness training and annual refresher training as required.

10.4. Successfully complete VA General Privacy training and annual refresher training as required; and 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.]

10.5. The contractor shall provide to the contracting officer a copy of the training certificates for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required. These online courses are located at the following web site: https://www.tms.va.gov/plateau/user/login.jsp

10.6. Failure to complete this mandatory training within the timeframe required will be grounds for suspension or termination of all physical and/or electronic access privileges and removal from work on the contract until such time as the training is completed.

10.7. CONTRACTOR RESPONSIBILITIES

10.7.1. Contractor shall bear the expense of obtaining background investigations. If the investigation is conducted by the Office of Personnel Management (OPM) through the VA, the contractor shall reimburse the VA within 30 days.

10.7.2. Background investigations from investigating agencies other than OPM are permitted if the agencies possess an OPM and Defense Security Service certification. The Vendor Cage Code number must be provided to the Security and Investigations Center (07C), which shall verify the information and advise the CO whether access to the computer systems can be authorized.

10.7.3. The contractor shall prescreen all personnel requiring access to the computer systems to ensure they maintain a U.S. citizenship and are able to read, write, speak and understand the English language.

10.7.4. After contract award and prior to contract performance, the contractor shall provide the following information to the CO or designated COR:

10.7.4.1. List of names of contractor personnel.

10.7.4.2. Social Security Number of contractor personnel.

10.7.4.3. Home address of contractor personnel or the contractor's address.

10.7.4.4. The contractor, when notified of an unfavorable determination by the government, shall withdraw the employee from consideration from working under the contract.

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

10.7.4.6. Further, the contractor shall be responsible for the actions of all individuals provided to work for the VA under this contract. In the event that damages arise from work performed by contractor provided personnel, under the auspices of this contract, the contractor shall be responsible for all resources necessary to remedy the incident.

10.8. GOVERNMENT RESPONSIBILITIES

10.8.1. The VA Security and Investigations Center (07C) shall provide the necessary forms to the contractor or to the contractor's employees after receiving a list of names and addresses.

10.8.2. Upon receipt, the VA Security and Investigations Center (07C) shall review the completed forms for accuracy and forward the forms to OPM to conduct the background investigation. The VA facility (CMOP) shall pay for investigations conducted by the OPM in advance. In these instances, the contractor shall reimburse the CMOP within 30 days.

10.8.3. The VA Security and Investigations Center (07C) shall notify the CO and contractor after adjudicating the results of the background investigations received from OPM.

10.8.4. The COR will ensure that the contractor provides evidence that investigations have been completed or are in the process of being requested.

11. BUSINESS ASSOCIATE AGREEMENT

The contract resulting from this solicitation has been identified as requiring a Business Associate Agreement (BAA) as defined in Health Insurance Portability and Accountability Act (HIPAA), Public Law (PL) 104-191.

12. STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST: Solicitation Provision (Representations and Certifications)

12.1. CONFLICT OF INTEREST CERTIFICATION

The contractor, subcontractor, employee or consultant, by signing the form in Attachment A, certifies that, to the best of their knowledge and belief, there are no relevant facts or circumstances which could give rise to an organizational or personal conflict of interest, (see FAR Subpart 9.5 for organizational conflicts of interest) (or apparent conflict of interest), for the organization or any of its staff, and that the contractor, subcontractor, employee or consultant has disclosed all such relevant information if such a conflict of interest appears to exist to a reasonable person with knowledge of the relevant facts (or if such a person would question the impartiality of the contractor, sub-contractor, employee or consultant).

13. Instruction to Offerors – Conflict of Interest Plan

The Offeror shall submit a Conflict of Interest Plan, providing details on its policies and procedures to identify and avoid potential organizational or personal conflicts of interest (or apparent conflicts of interest). The Plan should also address procedures taken to neutralize or mitigate such conflicts, if they have not been or cannot be avoided. The Plan should indicate that such policies and procedures are operative throughout the period of performance of the contract or task order. The policies should address, at a minimum, gifts, outside activities financial interests, or other significant connections or identifications that would establish, or give the appearance of establishing, a conflict of interest. A method for periodically reviewing financial interests of employees, subcontractors and consultants, and their immediate families, in order to assess actual or apparent conflicts of interest should be included in the plan. In this clause, the term “potential conflict” means reasonably foreseeable conflict of interest.

The thoroughness, completeness and effectiveness of the Plan shall be evaluated as part of the Offeror’s overall proposal. The Plan will be incorporated into the contract or task order awarded to the successful Offeror.

Attachment A –Conflict of Interest Certification

The Offeror, _______________________________, hereby certifies that, to the best of their knowledge and belief, there are no present or currently planned interests (financial, contractual, organizational, or otherwise) relating to the work to be performed under the contract or task order resulting from Request for Proposal No. ____________ that would create any actual or potential conflict of interest (or apparent conflicts of interest) (including conflicts of interest for immediate family members: spouses, parents, children) that would impinge on its ability to render impartial, technically sound, and objective assistance or advice or result in it being given an unfair competitive advantage. In this clause, the term “potential conflict” means reasonably foreseeable conflict of interest. The Offeror further certifies that it has and will continue to exercise due diligence in identifying and removing or mitigating, to the government’s satisfaction, such Conflicts of Interest (or apparent conflicts of interest).

Offeror’s Name ___________________________________________________

RFP/Contract No. _________________________________________________

Signature ________________________________________________________

Title ____________________________________________________________

Date ____________________________________________________________