36C77619Q0174-001.docx

1. GENERAL

The Department of Veterans Affairs (VA), Veterans Health Administration and Workforce Management, Human Resources Development (HRD) support the learning and professional development needs of approximately 5,000 HR Professionals across the agency. HRD provides training services to support closing current and previously identified competency gaps among the VA HR Workforce. Annually, HRD administers a competency gap assessment to identify existing gaps and develops and/or delivers training and learning opportunities to target closing gaps. Stakeholders include VA HR Professionals and HR Leadership across the Administrations: Veteran Health Administration (VHA), Veterans Benefits Administration (VBA), National Cemetery Administration (NCA), and Staff Offices. HRD has a need for Contractor support to provide a hosted system-wide, web-based classroom system known as a Virtual Learning Environment (VLE) e.g. Blackboard® with bi-directional integration with VA’s Talent Management System (TMS) or its expected successor Learning Employee Development (LED) system (Success Factors) to centrally track and manage employee participation and completion records to deliver asynchronous and synchronous (virtual instructor led) human resources (HR) training. Additionally, HRD has a need for Contractor support to provide a VLE with community engagement modules to facilitate community of practices.

2. BACKGROUND

The VA supports a culture of education and training. HRD has fostered this culture for the VA HR workforce since 2010. The transfer of newly trained skills to the worksite is a critical component of the program and has proven most beneficial. Linking learning to worksite performance requires a high degree of learner interactivity during the learning process. Web-based classrooms offer an environment where interactivity among participants, facilitators and content experts is available. Through this platform, training is enhanced through encouraging participants’ active reflection on content and problem solving via facilitated discussion, action learning projects, coaching and mentoring and continuous peer interactions.

Also, as the VA puts forth efforts for recruiting and retaining the next generation of VA employees who possess a degree of technical competence, supporting and offering web-based classroom training and E-learning will be critical to meet the learning needs and styles of future employees.

Web-based virtual classrooms or VLEs provide an integrated mix of synchronous and asynchronous learning activities in combination with dynamic opportunities for collaboration with experts and peers. Asynchronous participation in a virtual course means that the learning process is not conducted in real time. This allows participants to collaborate in online discussions, access learning resources and study curriculum materials or review project assignments anytime during the workday, twenty-four hours a day/seven days a week. Participation in scheduled synchronous learning opportunities is also available where learners can collaborate at the same time in a virtual classroom over the internet.

The ability to be able to leverage existing courses developed in a virtual learning environment to be exported and used across the system will be essential to ensure cost effective strategies and sharing of resources.

1. HRD utilizes the Analysis, Design, Development, Implementation and Evaluation (ADDIE) Learning Model and Scalable Content Object Resource Model (SCORM) 1.2. On rare occasions the HRD is required to develop SCORM 2004 (2nd through 4th Edition) (conditional to capabilities of the VA Plateau (Talent Management System) Version 6.3.3), and Active Server Pages (.asp) courseware for posting to the VA TMS and/or their Legacy Performance Management System, Librix

1. Learning Products developed for promotion from the Talent Management System (TMS) require compliance with VA Directive 6102 and VA Handbook 6102.

1. In 1998, Congress amended the Rehabilitation Act of 1973 to require Federal agencies to make their electronic and information technology (EIT) accessible to people with disabilities. Inaccessible technology interferes with an ability to obtain and use information quickly and easily. Section 508 was enacted to eliminate barriers in information technology, open new opportunities for people with disabilities, and encourage development of technologies that will help achieve these goals. The law applies to all Federal agencies when they develop, procure, maintain, or use electronic and information technology. Under Section 508 (29 U.S.C. ‘794 d), agencies must give disabled employees and members of the public access to information that is comparable to access available to others. It is recommended that you review the laws and regulations listed below to further your understanding about Section 508 and how you can support implementation. Section 508 of the Rehabilitation Act (29 U.S.C. '794 d), as amended by the Workforce Investment Act of 1998 (P.L. 105 - 220), August 7, 1998 (original source in uscode.house.gov) CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION SERVICES, SUBCHAPTER V - RIGHTS AND ADVOCACY http://uscode.house.gov/download/pls/29C16.txt Other Relevant Laws. All Learning Products developed for promotion electronically require compliance with and formal certification by the Office of Health Informatics, Section 508 utilizing VHA Section 508 Compliance Checklists

3. SCOPE OF WORK

HRD requires the Blackboard VLE as stated in its current training delivery contract. The Blackboard VLE will further support succession planning and Government HR personnel development efforts, provide a dynamic means of transferring corporate knowledge, and at the same time, determine the funding, resources, and support services required for the delivery of employee development programs using a virtual, interactive learning environment. The Contractor shall provide these services for one base year period from the award date of the delivery order, and three, 12-month option periods.

Because programs are delivered via the virtual environment, program participants shall have 24/7, 365 days a year internet access to communicate with faculty, to engage in curriculum content in a self-paced manner, to collaborate with peers and to call up just-in-time job aids when executing project assignments.

4. PERIOD OF PERFORMANCE

The period of performance for this requirement consists of one base year period from the award date of the delivery order, and three, 12-month option periods.

5. TYPE OF CONTRACT

The Government anticipates award of a Firm Fixed Price delivery order will be utilized for this acquisition, in accordance with FAR Part 8.405-6.

6. CONTRACTING OFFICER’S REPRESENTATIVE (COR) AND PROGRAM MANAGER

Designated COR:

Robert Ralph Program Analyst VHA Human Resources Development (HRD) (10A2A1D) Workforce Management and Consulting (WMC) (10A2A) U.S. Department of Veterans Affairs Veterans Health Administration

(202) 897-6937 Cell robert.ralph1@va.gov

Program Manager:

Barbara Rogers Director Human Resources Development Human Capital Management (10A2A4) Workforce Management and Consulting Office (10A2A), VHA US Department of Veterans Affairs

(972) 333-1721 Cell BarbaraR.Rogers@va.gov

7. PLACE OF PERFORMANCE

All work performed under this contract will be performed at Contractor facilities.

8. GOVERNMENT RECOGNIZED HOLIDAYS

Unless specifically authorized in writing by the Contracting Officer, no services will be provided and no charges will be incurred and/or billed to any order on any of the Federal Holidays listed below. The Government may not be available but access must be maintained.

9. MINIMUM TECHNICAL REQUIREMENTS

The contractor shall provide the specific licensed services and a virtual education environment system with the capabilities described below within the performance period stated SOW. If for any reason, any deliverable cannot be provided on time according to the below schedule, the contractor shall provide a written explanation to the COR within five working days prior to deliverable due date. This written transmittal shall include a firm commitment of when the work shall be completed. This transmittal to the COR shall cite the reasons for the delay, and the impact on the overall project. The impact of the delay shall be recorded in the Project Management Plan.

The contractor shall provide the following capabilities:

1. The Contractor shall provide services from a hosted VLE that includes technical support services for administrators daily from 8AM to 8PM, Eastern Time.

1. Hosted virtual learning system that supports at least 1,000 active users to include instructors and students

1. Asynchronous and Synchronous system for course delivery

1. Bi-directional integration with VA TMS and any follow-on system to TMS. Users/profiles flow from TMS to VLE, completions/results from VLE to TMS.

1. Community Engagement model to facilitate community of practices, informal and social learning, targeted content delivery, and community specific experiences.

Blackboard Licensing Capabilities

1. A mechanism for delivery of a variety of educational materials: Microsoft Office (.Doc, PPT. XLS, etc), Adobe Acrobat PDF, HTML, digital images, digital audio files, digital video files and interactive multimedia assets such as Flash.

1. Access control that is password based

1. Administration: learner tracking, collation of grades and records of progress (grade book). Schedule and automate release and recall of content for specific times and dates

1. Assessment: Online surveys and testing options

1. Communication: one-to-one, one-to-many, synchronous and asynchronous with sophisticated levels of threaded discussion capabilities by participants, by lecture topic and by date.

1. Timetabling facilities: some explicit means of pacing materials

1. Customizable instructional design features: Create sequential learning modules that establish paths through content and assessments; create folder structures to organize content; and announcement capabilities

1. A resource base: a section for frequently asked questions, or a database assessed by keyword search

1. Support facilities: for instance, online help about the environment

1. User-friendly design: Offers learners ease of navigation and pop-up site maps

1. The Contractor shall provide the COR with written directions for use of the VLE along with written documentation for developing and managing training within the VLE.

1. Content SCORM 1.2 and SCORM 2004 (2nd through 4th Edition) conformant.

1. Synchronous online collaboration tools that include the capability to allow instructors and participants to hold audio and video conferences to share documents, applications, and presentations.

10. DELIVERY SCHEDULE

The Contractor shall provide the licensed services to the Project Manager as described in Approval and Delivery Schedule in the performance standards. The Contractor shall submit all deliverables within the time limits specified in the performance standards. The COR will notify the Contractor of approval, conditional approval, or disapproval. The Contractor shall submit all deliverables in person or by a method that provides a receipt method for deliverables. The COR will notify the Contractor of the Contracting Officer’s approval or disapproval of submittal. The Contractor shall submit any required corrections within 10 days unless otherwise specified in writing by the COR.

11. SECURITY REQUIREMENTS

The Contractor shall protect personal information that is loaded within the site such as student name, training records and TMS User ID and will protect all information that is loaded according to common standards of information security for hosted web-based learning environments. In addition, the Contractor shall submit in writing that the VLE meets all the government policy guidelines including standards for 508 compliance and internet security as outlined in VA Directive 6210 and 6102, and NIST Standard 800 Series specifically NIST Standard 800-37.

12. PERFORMANCE STANDARDS

Quality Level Means of Measurement

Quality Level Means of Measurement

13. CHANGES

Any changes to this PWS shall be authorized and approved only through written correspondence from the Contracting Officer. A copy of each change will be kept in a project folder along with all other products of the project. Costs incurred by the contractor through the actions of parties other than the Contracting Officer shall be borne by the contractor.

Costs of Remediation of delivery order deliverables identified by either the VA Project team, COR or Contracting Officer shall be borne by the contractor

14. CONFIDENTIALITY AND NONDISCLOSURE

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

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

15. VA Information and Information System Security/Privacy Language for Contracted Personnel

15.1 VA H6500 - SECURITY REQUIREMENTS FOR UNCLASSIFIED INFORMATION TECHNOLOGY RESOURCES The contractors, contractor personnel, subcontractors, and subcontractor and their personnel shall be subject to the same Federal laws, regulations, standards and VA policies as VA personnel, regarding information and information system security. These include, but are not limited to Federal Information Security Management Act (FISMA), Appendix III of OMB Circular A-130, and guidance and standards, available from the Department of Commerce's National Institute of Standards and Technology (NIST). This also includes the use of common security configurations available from NIST's Web site at: http://checklists.nist.gov. To ensure that appropriate security controls are in place, Contractors must follow the procedures set forth in "VA Information and Information System Security/Privacy Requirements for IT Contracts" located at the following Web site: http://www.iprm.oit.va.gov.

15.2 ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

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

All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointment 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.

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.

Custom software development and outsourced operations must be located 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.

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.

15.3. VA INFORMATION CUSTODIAL LANGUAGE

Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior 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).

VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor’s information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA’s information is returned to the VA or destroyed in accordance with VA’s sanitization requirements. VA reserves the right to conduct on site inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements.

Prior to termination or completion of this contract, contractor/subcontractor must not destroy information received from VA, or gathered/created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract.

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.

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.

If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12.

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.

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.

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.VA is the sole owner of learning materials developed under the terms of this contract.

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.

15.4. SECURITY INCIDENT INVESTIGATION

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

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

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.

In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement. The contractor, its employees, and its subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident.

The contractor/subcontractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident.

15.5. LIQUIDATED DAMAGES FOR DATA BREACH

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

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

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

1. date of occurrence;

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

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

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

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

1. 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.

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

1. Notification;

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

1. Data breach analysis;

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

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

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

15.6 TRAINING

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

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

1. Successfully complete the VA Privacy and Information Security Awareness and Rules of Behavior training and annually complete required security/privacy training; and

1. 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.]

The on line training courses are located at the following web site: (if the user is provided a TMS account) at the following web site: https://www.tms.va.gov/learning/user/login.jsp.

The contractor shall provide to the contracting officer and/or the COR a copy of the training certificate and certification of signing the Contractor Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required.

Failure to complete the mandatory annual training and sign the Contractor Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete.

0. CONTRACTOR PERSONNEL SECURITY

Background Investigations and Special Agreement Checks (SAC):

All contractor employees are subject to the same level of investigation as VA employees who have access to VA Sensitive Information and VA information systems. The level of background investigation commensurate with the level of access needed to perform the statement of work is: low risk level and National Agency Check with Written Inquiries. This requirement is applicable to all subcontractor personnel requiring the same access.

The contractor employee is required to submit all requested paperwork to appropriate VA staff for the background investigation within requested timeframe.

Contractor Responsibilities

Government Responsibilities

15.8 INTERNET/INTRANET

The contractor shall comply with Department of Veterans Affairs (VA) Directive 6102 and VA Handbook 6102 (Internet/Intranet Services).

VA Directive 6102 sets forth policies and responsibilities for the planning, design, maintenance support, and any other functions related to the administration of a VA Internet/Intranet Service Site or related service (hereinafter referred to as Internet). This directive applies to all organizational elements in the Department. This policy applies to all individuals designing and/or maintaining VA Internet Service Sites; including but not limited to full time and part time employees, contractors, interns, and volunteers. This policy applies to all VA Internet/Intranet domains and servers that utilize VA resources. This includes but is not limited to va.gov and other extensions such as, “.com, .edu, .mil, .net, .org,” and personal Internet service pages managed from individual workstations.

VA Handbook 6102 establishes Department-wide procedures for managing, maintaining, establishing, and presenting VA Internet/Intranet Service Sites or related services (hereafter referred to as “Internet”). The handbook implements the policies contained in VA Directive 6102, Internet/Intranet Services. This includes, but is not limited to, File Transfer Protocol (FTP), Hypertext Markup Language (HTML), Simple Mail Transfer Protocol (SMTP), Web pages, Active Server Pages (ASP), e-mail forums, and list servers.

VA Directive 6102 and VA Handbook 6102 are available at:

Internet/Intranet Services Directive 6102 http://www1.va.gov/vapubs/viewPublication.asp?Pub_ID=409&FType=2 Internet/Intranet Services Handbook 6102 http://www1.va.gov/vapubs/viewPublication.asp?Pub_ID=410&FType=2

In addition, any technologies that enable a Network Delivered Application (NDA) to access or modify resources of the local machine that are outside of the browser's ”sand box" are strictly prohibited. Specifically, this prohibition includes signed-applets or any ActiveX controls delivered through a browser's session. ActiveX is expressly forbidden within the VA while .NET is allowed only when granted a waiver by the VA CIO *PRIOR* to use.

JavaScript is the preferred language standard for developing relatively simple interactions (i.e., forms validation, interactive menus, etc.) and Applets (J2SE APIs and Java Language) for complex network delivered applications.