36C79118R0015-017.docx

OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL

BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SI

GN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGN

ATURE OF OFFEROR/CONTRACTOR

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR

LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

36C79118R0015 08-09-2018 Caroline West 303-273-6226 08-31-2018 3:30pm MTN Time Department of Veterans Affairs Commodities & Services Acquisition Svc (003B6E) 555 Corporate Circle Golden CO 80401-5621 X 561110 $7.5 Million X N/A X Department of Veterans Affairs Commodities & Services Acquisition Svc 555 Corporate Circle Golden CO 80401-5621 Department of Veterans Affairs Commodities & Services Acquisition Svc (003B6E) 555 Corporate Circle Golden CO 80401-5621

Department of Veterans Affairs Denver Acquisitions and Logistic Center (003B6E) 555 Corporate Circle Golden CO 80401-5621 See CONTINUATION Page Standardized Functional Outcome Metric This RFP will result in a single award indefinite-delivery indefinite-quantity contract.

See FAR Provision 52.212-1 Instructions to Offerors inside for all items to be included with Offer.

All questions must be in writing and sent to the Contracting Officer and Contract Specialist NLT August 20, 2018.

The Government shall order at least $250,000.00 of services to a maximum $2,500,000.00 of services under the contract.

Contracting Officer contact info: David.Little@va.gov Contract Specialist contact info: caroline.west@va.gov X X X Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C791 Department of Veterans Affairs Commodities & Services Acquisition Svc (003B6E) 555 Corporate Circle Golden CO 80401-5621

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

Department of Veterans Affairs Denver Acquisitions and Logistic Center (003B6E) 555 Corporate Circle Golden CO 80401-5621 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

36C79118R0015

Page 1 of Page 1 of

B.2 Performance Work Statement - Standardized Functional Outcome Metric

1. BACKGROUND

The Department of Veterans Affairs is focused on providing the highest level of care within the rehabilitation services provided to our veterans. It is incumbent upon rehabilitation practitioners of medical rehabilitation to demonstrate the effectiveness of the intervention, the efficiency in terms of benefits, and to compare favorably to the outcomes achieved among different service providers within VA and in the private sector.

There has always been a need to document the severity of patient disability and to establish rehabilitative outcome standards based on each severity level. Through this contract, VA seeks to acquire access to a Standardized Functional Outcome Metric, and through the use of the Standardized Functional Outcome Metric have access to outcome reporting. Data collected within VA using the Standardized Functional Outcome Metric and submitted to the contractor through secure data transfer procedures will be applied to key patient functional attributes (indicators) and the results fed back to both facility-level rehabilitation managers and national program-level managers on a quarterly basis for analysis. At the national level, agency-wide rollup reports are provided that include data to be used to identify both strong rehabilitation programs and programs that need improvement. By monitoring these indicators at the patient level, rehabilitative plans of care are developed by the VA from the indicators of care provided by the Contractor. Additionally, periodic and routine reviews of the data when used in a proactive manner may identify patients who would most benefit from inpatient rehabilitation services.

The quarterly reports must contain indicators of care which are research based and represent rehabilitation industry standards. VA quarterly reports must be accompanied by comparative private sector outcome reports. This type of private sector information is not available to VA elsewhere.

Through this contract VA facilities are “credentialed” in the Standardized Functional Outcome Metric collection process. A rehabilitation bed unit facility is considered “credentialed” if 80% of the rehabilitation professionals providing rehabilitation services to the patients admitted to the inpatient rehabilitation unit take and pass an online exam. A minimum of 2 rehabilitation team members at non-rehabilitation bed unit facilities must pass the exam to be “credentialed”. The exam consists of a series of case histories designed to test the knowledge required to properly assess the rehabilitative needs of a patient using Standardized Functional Outcome Metric. Credentialing helps to ensure the Standardized Functional Outcome Metric data is valid and reliable. With valid and reliable data in place, the contractor will provide VA with valid and reliable outcomes comparisons to the private sector.

2.0 APPLICABLE DOCUMENTS (available upon request)

2.1 44 U.S.C. § 3541, “Federal Information Security Management Act (FISMA)”

2.2 Federal Information Processing Standards (FIPS) Publication 140-2, “Security Requirements For Cryptographic Modules”

2.3 VA Directive 6500, “Managing Information Security Risk: VA Information Security Program,”

2.4 VA Handbook 6500, “Risk Management Framework for VA Information Systems – Tier 3: VA Information Security Program,”

2.5 VA Handbook 6500.1, “Electronic Media Sanitization,”

2.6 VA Handbook 6500.2, “Management of Data Breaches Involving Sensitive Personal Information (SPI)”,

2.7 VA Handbook 6500.3, “Certification and Accreditation of VA Information Systems

2.8 VA Handbook, 6500.5, “Incorporating Security and Privacy in System Development Lifecycle”

2.9 VA Handbook 6500.6, “Contract Security,”

2.10 National Institute Standards and Technology (NIST) Special Publications

2.11 VA Directive 6508, VA Privacy Impact Assessment,

3.0. SCOPE

With the ongoing emphasis for high quality rehabilitation care, the need to identify more efficient and effective rehabilitation programs is a high priority. VA rehabilitation managers and administrators, with the help of the Standardized Functional Outcome Metric, will be better positioned to understand their patient and program outcomes, and to make changes in their everyday practice.

The Contractor shall provide the following services:

3.1 Program Management

3.2 Rehabilitation Bed Service Enrollments Subscription. There are currently 43 rehabilitation bed programs. Information on the who the contractor would be working with shall be provide at the onset of the contract.

The contractor shall provide subscription memberships for each rehabilitation bed service within VA. These services shall include:

(1) Online training materials,

(2) Web based training,

(3) Online credentialing services,

(4) Online quarterly outcome reporting, and

(5) Support Services

(6) data analysis & consultation services

3.3 Credentialing Services for Non-Bed/Continuum Programs.

The contractor shall provide credentialing services for each non-bed/continuum program within VA. Approximately 50 subscriptions are needed for this requirement. Information on the who the contractor would be working with shall be provide at the onset of the contract. These services shall include:

(1) Online training materials,

(2) Web based training,

(3) Online credentialing services,

(4) Online quarterly outcome reporting, and

(5) Support Services

(6) data analysis & consultation services

3.4 Secure Data System

The contractor will utilize a secure data transfer system to receive VA Standardized Functional Outcome data from VA users (Rehabilitation clinicians, therapists, and coordinators). This secure database will be used for analysis and reporting, and will include a secure web based user portal for access to training materials and facility outcome reports. The contractor must complete an Interconnection Security Agreement-Memorandum of Understanding (ISA-MOU) every 3-years and a Contractor Security Control Assessment (ASCA) annually. The ISA-MOU is a data security document that must be in place with any external party which connects to the VA system for a data transfer. The review occurs with VA’s assigned Information Security Officer (ISO).

3.5 Provide Agency Wide Reports

The contractor shall produce valid and reliable VACO agency wide roll up reports for all rehab and non-bed facilities on a quarterly basis, these reports shall contain a summary of the credentialing activity at each facility, clinical activity and standardized functional outcomes. Content for the agency-wide reports will summarize the facility-level reports.

4.0 PERFORMANCE DETAILS

4.1 Period of Performance: The base period will be twelve months from date of award followed by four 12-month option periods that the government may exercise.

4.2 Place of Performance: The contract services and activities will take place at the Contractor’s site.

5.0 SPECIFIC TASKS AND DELIVERABLES

The Contractor shall perform the following:

5.1 Contract Management:

The Contractor shall assign a Project Manager (CPM) who will provide oversight of all contracted efforts. The CPM shall communicate with the COR on all issues related to project outcomes. The CPM shall attend a virtual kick-off meeting to discuss the project approach, schedule, milestones, and points of contact.

5.2 Kick-off Meeting: The Contractor shall attend a virtual kickoff meeting, with all VA partners to establish a baseline of understanding after the contract award or as directed by the Contracting Officer. Participants will include all key Contractor personnel and VA staff. At the kick-off meeting, the Contractor shall present the details of its strategic vision, intended approach, and approximated project schedule for review and approval by VA. The kick-off meeting will serve to resolve strategic questions, refine goals, define success, and explore the biggest challenges and breakthrough opportunities for VA.

Deliverables:

Action item list Meeting minutes

5.3 Contractor Project Management Plan: The Contractor shall provide, develop, update and follow a Contractor Project Management Plan (CPMP). The CPMP shall include scope definition and schedule to be reviewed and approved by the COR prior to start of work on any implementation effort. The CPMP shall also include technical approaches; deliverables; dates for deliverables; tracking tools; risk management mitigation strategies; communication strategies and materials; implementation strategy; and project closeout activities. The Contractor shall employ a management approach that is in compliance with Project Management professional standards. The project schedule shall be delivered in MS Project 2010 .mpp digital format that includes all deliverables and milestones, as well as the activities or tasks required to produce the deliverables. The Contractor shall submit a CPMP with Quarterly updates.

Deliverable:

CPMP with Quarterly Updates

5.4 Weekly Progress Meetings: The Contractor shall hold weekly virtual meetings with VA during the first quarter of base year to provide updates on progress, identify critical issues, discuss next steps, and the plan for ongoing success. The weekly Meeting time will be determined by the COR.

Deliverable:

Weekly Meeting Status Report

5.5 Quarterly Progress Meetings: The Contractor shall hold quarterly virtual meetings with VA after the first quarter of each fiscal year to provide updates on progress, identify critical issues, discuss next steps, and plan for ongoing success. The quarterly meeting time will be determined by the COR.

Deliverable:

Quarterly Meeting Status

5.6 Rehabilitation Bed Service Enrollments Subscription

The contractor shall provide subscription memberships for each acute and sub-acute rehabilitation bed service within VA. The subscription includes training materials on the standardized functional outcome instrument, credentialing services to ensure baseline knowledge on application of the standardized functional outcome instrument, quarterly reports summarizing bed service activity and outcomes, and support services from contractor’s Clinical and Technical help desks. Support services will include, but is not limited to, scoring recommendations based on a specific case scenario, password and technical assistance for its website, and general support. Each enrolled site will be issued an online account with multiple user accounts for each bed unit which hosts the standardized functional outcome instrument training materials, credentialing testing and quarterly report postings. Quarterly reports provided in the subscription will include the acute (comprehensive medical rehabilitation - CMR) and sub-acute (skilled nursing facility – SNF) rehabilitation bed service reports provided to each participating VA bed unit location.

Reports will contain aggregate data breaking down the diagnostic and demographic composition and characteristics of the patients, as well as summarizing their outcomes. A separate summary report providing a parallel aggregate breakdown of non-VA bed units will be made available to the VA facilities as a comparative reference. Reports format will be as consistent as possible with reports provided to proprietary facilities, with special emphasis on impairments signifying brain injury, stroke, amputation and orthopedic conditions. No future changes to the reports will be made without written agreement from both parties.

Deliverable:

Online training materials Online reports

5.7. Credentialing Services for Non-Bed/Continuum Programs

The contractor shall provide proficiency credentialing services through an on-line credentialing system. In support of the VA training and credentialing activities the contractor will provide access to the following educational documents online:

• Standardized functional outcome instrument Clinical Guide

• Credentialing Examination Packet/Information The contractor shall provide web-based training at VA request on topics related to the standardized functional outcome instrument and analysis of the reports. Topics may include:

The contractor will be available during normal business hours from 8 am to 4:30 pm eastern time and provide online subscriber support resources to address related questions from the field facilities and will supply online reports to each field facility and a summary report to VACO regarding the credentialing results. Quarterly reports will be provided to each participating VA facility providing rehabilitation services within the continuum of care (Facility Level VA Continuum Reports). Reports will contain aggregate data breaking down the composition and characteristics of the patients, as well as summarizing their outcomes. Reports format will be as consistent as possible with reports provided to VA medical rehabilitation programs, with special emphasis on impairments signifying brain injury, stroke, amputation and orthopedic conditions. No future changes to the reports will be made without written agreement from both parties.

Deliverable:

Online training materials Online reports Web based training sessions

5.8. – Secure Data System The Contractor shall provide a secure database in accordance with VA Handbook 6500, “Risk Management Framework for VA Information Systems – Tier 3: VA Information Security Program”, VA Handbook 6500.1, “Electronic Media Sanitization”, VA Handbook 6500.2, “Management of Data Breaches Involving Sensitive Personal Information (SPI)”, and VA Handbook, 6500.5, “Incorporating Security and Privacy in System Development Lifecycle”, to support the data collection, analysis and reporting requirements to support use of the Standardized Functional Outcome Metric. VA users will be provided with a secure web based login to access training materials and enter project information based on their associated role. The system will be restructured as needed to ensure it is comprehensive and user friendly and comply with current Information Technology (IT) standards. The Contractor shall administer and provide project oversight for the secure database. The Contractor shall provide analysis of system and site performance based on key analytics generated by the system. The Contractor shall provide user administration, monitoring, testing, optimization and user support.

Deliverables:

Fully configured Database, updates NTE 2 annually Reporting and data export capability Secure login for VA staff Access to training materials Quarterly monitoring reports on system availability and user access

5.9 –– Agency-wide Reports The contractor shall produce valid and reliable VACO agency-wide roll up reports on a quarterly basis, henceforth referred to as “Special Reports”. These reports will contain a summary of the credentialing activity at each facility, clinical activity and standardized functional outcomes. Content for the agency-wide reports will summarize the facility-level reports. Contractor will provide data analysis and consultation in support of any report modification at the request of the VA. An overview of the agency-wide reports is as follows;

Deliverable:

Online agency-wide reports

6.0 VA Information Custodial Language

a. Information made available to the contractor or subcontractor by VA for, or developed by the contractor/subcontractor in, performance or administration of the contract shall be owned by VA and used in accordance with this contract and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1).

b. VA information should not be co-mingled, if possible, with any other data on the contractor’s/subcontractor’s information systems or media storage systems to ensure that 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 that data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements.

c. Prior to termination or completion of this contract, contractor/subcontractor must not destroy information received from VA, or gathered/created by the contractor while 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 CO within 30 calendar days of termination of the contract.

d. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations, and policies. If Federal or VA information confidentiality and security laws, regulations, and policies become applicable to the VA information or information systems after execution of the contract, or if National Institute Standard and Technology (NIST) issues or updates applicable Federal Information Processing Standard (FIPS) or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations, and policies in this contract.

e. The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, then after the restoration is complete, the copies must be appropriately destroyed.

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

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

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

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

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

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

l. For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require Certification and Accreditation (C&A) or memoranda of understanding and interconnection agreements (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 PM/COR.

7.0 Information System Design and Development

a. Information systems that are designed or developed for or on behalf of VA at non-VA facilities shall comply with all VA directives developed in accordance with Federal Information Security Management Act (FISMA), Health Insurance Portability and Accountability Act (HIPAA), NIST, and related VA security and privacy control requirements for Federal information systems. This includes standards for the protection of electronic Personal Health Information (PHI), outlined in 45 C.F.R. Part 164, Subpart C, information and system security categorization level designations in accordance with FIPS 199 and FIPS 200 with implementation of all baseline security controls commensurate with the FIPS 199 system security categorization (refer to Appendix D of VA Handbook 6500, VA Information Security Program). During the development cycle, a Privacy Impact Assessment (PIA) must be completed, provided to the PM/COR, and approved by the VA Privacy Service in accordance with Directive 6508, VA Privacy Impact Assessment.

b. The contractor/subcontractor shall certify to the PM/COR that applications are fully functional and operate correctly as intended on systems using the VA Federal Desktop Core Configuration (FDCC), and the common security configuration guidelines provided by NIST or the VA.

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

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

e. The security controls must be designed, developed, approved by VA, and implemented in accordance with the provisions of VA security system development life cycle as outlined in VA Handbook 6500, Information Security Program; and VA Handbook 6500.5, Incorporating Security and Privacy in System Development Lifecycle.

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

g. The contractor/subcontractor agrees to do the following:

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

a. The Systems of Records (SOR) and

b. The design, development, or operation work that the contractor/subcontractor is to perform;

h. In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a SOR on individuals to accomplish an agency function; and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a SOR on individuals to accomplish an agency function. For purposes of the Act, when the contract is for the operation of a SOR on individuals to accomplish an agency function, the contractor/subcontractor is considered to be an employee of the agency.

1. “Operation of a System of Records” means performance of any of the activities associated with maintaining the SOR, including the collection, use, maintenance, and dissemination of records.

2. “Record” means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history; and that contains the person’s name, identifying number, symbol, or any other identifying particular assigned to the individual, such as a fingerprint, voiceprint, or a photograph.

3. “System of Records” means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying specific assigned to the individual.

i. The contractor/subcontractor shall ensure the security of all procured or developed systems and technologies, including their subcomponents (hereinafter referred to as “Systems”), throughout the life of this contract and any extension, warranty, or maintenance periods. This includes, but is not limited to workarounds, patches, hotfixes, upgrades, and any physical components (hereafter referred to as Security Fixes) which may be necessary to fix all security vulnerabilities published or known to the contractor anywhere in the Systems, including Operating Systems and firmware. The contractor/subcontractor shall ensure that Security Fixes shall not negatively impact the Systems.

j. The contractor/subcontractor shall notify VA within 24 hours of the discovery of security or privacy issues in accordance with Section G of this contract.

8.0 Security Incident Investigation

a. The term “security incident” means an event that has, or could have, resulted in unauthorized access, loss, or damage to VA assets, sensitive information, or an action that breaches VA security procedures. In accordance with VA Handbook 6500.2, the contractor/subcontractor shall immediately notify the PM/COR and, simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access.

b. To the extent known by the contractor/subcontractor, the contractor/subcontractor’s notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information 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 in accordance with the Business Associate Agreement.

d. 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.

B.3 Schedule of Services

Base Period (1 October 2018 – 30 September 2019) Line Item

Data Analysis & Consultation – Including all Deliverables Identified in the PWS

Option Year 1 (1 October 2019 – 30 September 2020) Line Item

Data Analysis & Consultation – Including all Deliverables Identified in the PWS

Option Year 2 (1 October 2020 – 30 September 2021 Line Item

Data Analysis & Consultation – Including all Deliverables Identified in the PWS

Option Year 3 (1 October 2021 – 30 September 2022 Line Item

Data Analysis & Consultation – Including all Deliverables Identified in the PWS

Option Year 4 (1 October 2022– 30 September 2023) Line Item

Data Analysis & Consultation – Including all Deliverables Identified in the PWS

Performance Work Statement - Standardized Functional Outcome Metric Page 9

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (JAN 2017)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request,…