Performance Work Statement ALVA Child Ccare IDIQ.pdf

DEPARTMENT OF VETERANS AFFAIRS

The Office of Women’s Health (OWH)-Veteran’s Childcare Assistance Program (VCAP)

PERFORMANCE WORK STATEMENT

Veterans Affairs (VA) Kids Care Services

1. Background The Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020, Deborah Sampson Act of 2020, Section 5107(a): Under section 5107(a) of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 (P.L. 116-315; codified at 38 U.S.C. § 1709C), the Department of Veterans Administration, (VA) Office of Women’s Health (OWH) Veterans Childcare Assistance Program has a requirement to provide drop-in childcare services to veterans who have mental health appointments or intensive healthcare medical appointments at any VA facility. The services shall include flexible scheduling options for ad hoc childcare while veterans are receiving medical appointments at the VA medical center.

2. Scope of Work

The Contractor shall provide hourly drop-in childcare services for children ages six (6) weeks through twelve (12) years old and up to eighteen (18) years of age for children with special needs, during hours that align with the outpatient clinic hours of the facility in accordance with those facilities in Washington’s state, where VA Kids Care resides and Federal laws pertaining to childcare centers. Any child that is less than 6 weeks old will not be accepted into VA Kids Care. The Contractor shall at all times provide at least one childcare attendant on-site with experience in caring for special needs children.

The Program consists of temporary care (not to exceed 3 hours) that offers children a variety of activities. The current maximum capacity is dependent on the space available at each facility. However, the daily operational capacity is determined by the age of the children, childcare attendant/child ratios, and the veteran needs.

Additional requirements will be detailed at each order level.

The Contractor shall provide all manpower, resources, and services necessary to meet the following objectives:

a) Provide a minimum of three staff at each VA Kids Care, to include 1 Childcare Clerk and 2 Childcare attendants.

b) Provide a childcare attendant clerk who must have experience in caring for special needs children when a childcare center has a special needs child on-site.

c) Provide a program manager who is responsible for the entirety of the program from compliance to staffing.

d) Provide manpower and communications to the VA Childcare Assistance Program

(VCAP).

e) Provide safe and quality care for young children with strict adherence to health, sanitation, safety, fire, and risk management requirements.

f) Acquired respective state-qualified requirements and experienced management, support, and Child Development Staff, who communicate positively and professionally with children and parents.

g) Provide environments that positively contribute to children's physical, social, emotional, and cognitive growth.

h) In case of an emergency or incident where an attendant cannot reach the Veteran to come to VA Kids Care to address the physical needs of a child, the Contractor shall provide any necessary first aid, and in instances where a diaper change is emergent, the contractor will provide for the children. This information will be provided in a standard operating procedure (SOP) at a local site for staff to use.

The Government will provide the following:

a) Operational infrastructure such as space and furniture for VA Kids Care.

b) Marketing materials such as pamphlets to inform Veterans about the registration process and VA Kids Care contact information.

c) SOP for emergency procedures in case the Veteran is being admitted to the hospital. Additional SOPs will be provided upon award.

d) Diapers, baby wipes, including water, disposable books, and age-appropriate toys, for children to use.

e) The government will provide snacks when needed. However, the Veteran or caregiver must give the snack to the child outside of VA Kids Care to avoid potential allergic reactions to other children. Veterans can ask the childcare attendant for a snack for their children.

f) One local VCAP Manager or designee, who is a Government employee, works directly with the national COR and has oversight of the operations for the local VA Kids Care and will act as a local Director. This person reports to the national COR, and local leadership and works together with the Contractor, local leadership, and the program office to ensure VA Kids Care is in compliance with childcare regulations within the respective state.

The prices for services set forth below shall apply for payment purposes for all labor acquired under this contract. The Contractor may not charge the Government for any services associated with this contract at any prices other than those specified in the Pricing Schedule. The following fully loaded hourly labor rates for the stated categories shall be the basis for contract pricing.

Changes to the list of labor categories may be made after the contract award in order to allow the performance of the required services. The Government’s current estimate for number of hours anticipated for Contractor contract roles necessary under this contract.

The Government expects the actual number of hours required to support the tasks outlined could increase or decrease throughout the life cycle of this contract in order to allow for currently unforeseen workload increases or decreases. As a result, the awarded contract value and estimated ceiling amounts may increase or decrease accordingly.

3. Place of Performance

The following location is a VA facility that has committed to opening VA Kids Care. The activation date is to be determined by COR. This list is subject to change. Please hold CRTL and click the link to open the page.

Outpatient Clinic Hours are Monday to Friday from 08:00 am to 4:30 pm.

VISN Station #/Facility Info City, State Estimated Childcare Appts.

Estimated Sq. Ft

20 663 9600 Veterans Drive Southwest Tacoma, WA 98493-0003 800-329-8387

Puget Sound (American Lake), WA https://maps.app.g oo.gl/SUxEkTx1kf 8c7pnm9

6126 Less than 1200

Note: Facility number followed by a letter identifies a Community-Based Outpatient Clinic (CBOC)

Federal Holidays The Federal Holidays observed by the Federal Government are:

New Year’s Day January 1 Martin Luther King, Jr.’s Birthday Third Monday in January Presidents Day Third Monday in February Memorial Day Last Monday in May Juneteenth June 19 Independence Day July 4 Labor Day First Monday in September Columbus Day Second Monday in October Veterans Day November 11 Thanksgiving Day Fourth Thursday in November Christmas Day December 25

When one (1) of the holidays falls on Sunday, the following Monday shall be observed as a Federal Holiday. When a holiday falls on a Saturday, the preceding Friday shall be observed as a Federal Holiday by U.S. Government Agencies. Also included would be any day specifically declared by the President of the United States of America as a Federal Holiday.

In addition to following states requirements for operating drop-in childcare centers, the VA is exceeding state requirements. For example, each VA Kids Care center will have multiple cameras that will connect the VA Kids Care to the facility’s police. In addition, each VA Kids Care center will have a vestibule door system where the Veteran will drop off the kids in the area between the two doors and ONLY the kids will be buzzed into the VA Kids Care. No parents are allowed to enter behind the 2nd door.

4. Type of Contract The Government intends to award a Firm Fixed Price Indefinite Delivery Indefinite Quantity contract.

5. Period of Performance The period of performance shall be Five Years.

https://maps.app.goo.gl/SUxEkTx1kf8c7pnm9

6. Task Areas

6.1 Specific Tasks and Deliverables

6.1.1 Task #1: Kick-off Meeting

Kick-off meeting shall occur no later than 5 days from task order award unless otherwise specified by the CO or COR, the contractor shall lead a kick-off meeting for the effort. The purpose of the kick-off meeting is to create an understanding between the VA and the contractor of the project approach, major actions, and schedule for key milestones and deliverables. The kick-off meeting shall also serve as the means to provide the vendor with additional details regarding required tasks. The vendor shall provide the Government with a draft presentation one business day prior to the meeting. The presentation shall review the task coordination details, e.g., meeting schedules and topics, deliverable review, issue resolution processes, and preferred communication mechanisms. The kick-off meeting shall be held at a VA facility or virtually, at the discretion of the Government. The completion of this meeting shall result in the following outcomes:

Deliverable(s):

• Kickoff Meeting (Agenda/Participation/Notes)

6.1.2 Task #2: Recurring Adhoc Report

The contractor shall be responsible for providing monthly reports/data on the total number of children accessing/utilizing VA Kids Care. Subsequently, the contractor shall also provide reports/data as requested by the COR.

Deliverable(s):

• Recurring Adhoc Report

6.1.3 Task #3: Childcare Program Manager

A Contractor, who functions as the childcare center program manager, who will act as a regional director for VA Kids Care, will provide program administration and be responsible for the recruitment, hire and supervision of staff and oversight over all aspects of the childcare program. The childcare center program manager must have a minimum education requirement of at least 25 college credits in childhood education, of which only 8 can be department-approved clock hours, must hold a child development associated certificate at a minimum, and must be registered with the respective State training requirements for early care and training education, and must has experience on providing care to special needs children. The childcare center program manager must have a minimum of two years of experience as a program manager of a childcare center for children ages 6 months through 12 years, and up to 18 years of age for special needs children.

The childcare center program manager will be responsible for providing a contingency plan for emergency and routine leave coverage that meets staffing experience;

certification requirements and child/care giver ratios to the local VCAP manager for concurrence. The Contractor is required to provide the following documents to the Contracting Officer Representative and the local VCAP manager for each proposed contractor employee that will be performing under contract at the respective local facility.

1. List of proposed personnel and the job title for the position they will be performing.

2. Professional resumes for all proposed personnel, shall be no more than 3 pages.

3. Copy of professional certifications that are current and valid for the positions to be held.

4. Additionally, but not limited, proof of education, year of pertinent experience, employment history, child develop associate, current health condition, immunization history, references, etc.

The childcare center program manager will be responsible for hire and recruitment of staff. The Childcare Center Program Manager will hire for the following positions listed below. Each staff member must have the appropriate credentials and experience listed in the staff member’s position description.

Deliverable(s):

• Program Manager Labor Hours (250 hours)

6.1.4 Task #4: Childcare Clerk

Childcare Clerk who must be a minimum of 18 years of age, completed a high school education or equivalent and has documented experience working with children. The childcare clerk must be located at the VA Medical Center for the majority of the hours and readily available to provide guidance; and program direction and function as a supervisor or a leader with VA Medical Center Staff (i.e. Fire; Safety; Executive Leadership; local Veteran Childcare Assistance Program (VCAP) manager; Public Relations etc.). These duties shall not interfere with any assigned provision of childcare. In the event the childcare center clerk is unavailable due to planned administrative leave, emergency, or sick leave the contractor must designate a person to be in charge that meets the minimum qualifications for with the respective State for a lead childcare clerk. The local VCAP manager or designee will be advised in advance of any planned absences that require designation and/or substitution of staffing and provide concurrence.

Deliverable(s):

• Childcare Clerk Labor Hours (2080 hours)

6.1.5 Task #5: Childcare Attendant

The childcare attendant must be at least 18 years old, have completed a high school diploma or equivalent, and operate under the direct supervision of a childcare clerk.

Deliverable(s):

• Childcare Attendant Labor Hours (1040 hours)

6.1.7. Deliverables Schedule

Task Deliverable QTY Delivery Date

6.1.1 Kick-off Meeting 1

Within 5 business days after contract award or agreed upon by the COR

6.1.2 Reoccurring Adhoc Reports

1 per site per month

Within 5 working days of the following month or as requested by the

COR

6.1.3 Childcare Program Manager

Per

Region

As prescribed within the PWS or agreed upon by the

COR

6.1.4 Childcare Clerk

Per site and respecti ve

State

As prescribed within the PWS or agreed upon by the

COR

6.1.5 Childcare Attendant

3 per site

As prescribed within the PWS or agreed upon by the

COR

7. Veterans Requirements to Receive Childcare Services

Veterans will be informed of the program via on-site signage, promotion through VA websites, mail, Veterans service organizations, clinical provider referrals, and general inquiries. Veterans will be required to sign an attestation that the Veteran has a medical appointment at the time of child drop-off.

Pending final regulations approval, intensive healthcare appointments are defined as follows:

38 U.S.C. § 17.324 Eligible appointments.

(a) VA will furnish childcare assistance under § 17.324 to an eligible veteran who receives at a VA medical facility:

(1) Mental health care (including a mental health-related appointment and an appointment where mental health is discussed); or

(2) An appointment that does not meet the criteria of paragraph (1) when the eligible veteran or the health care provider determines that the presence of the child may impact the effective provision of health care. Examples include, but are not limited to, an appointment where the presence of a child may be inappropriate, unsafe, or uncomfortable for the child or the eligible Veteran and an appointment where it may be difficult for the eligible veteran to adequately supervise the child for the duration of the appointment.

(b) The following are not eligible appointments under paragraph (a):

(1) Emergency room visits; and

(2) Any appointment requiring sedation.

7.1 Safety

7.1.1 Childcare Safety

Childcare Safety is ensuring freedom from accidental or inadvertent injury during childcare service processes. All adverse events, close calls, or intentionally unsafe acts must be reported immediately (same day) to the national COR or designee for the local VCAP manager. In case of an emergency, the childcare center will dial 911.

8. Inclement Weather Should the VA childcare center not open due to weather conditions; local leadership will make a determination and share the decision on its regular outlets such as the VA facility’s website, local radio and television stations will announce this information, and the Contracting Officer Representative (COR) will confirm and advise the Contractor of any closure. The childcare center should adjust its operating hours accordingly. The Veteran can call the local medical facility to confirm for childcare center’s closure.

9. Scheduling

Services will mostly be available between the hours of 8:00 a.m. to 4:30 p.m. Monday through Friday. However, the childcare services must be aligned with the outpatient clinic operations hours +/- 30 minutes to allow veteran time to drop off and pick up their kids. Pre- appointments for use of drop-in services are not required. Veteran may, however, contact the childcare center in advance of their appointment date. Capacity is dependent on the space availability at the local facility at any given time. However, it is anticipated that general use will not exceed three (3) hours for most users, with, drop-in consideration for the special needs of certain users based on multiple appointments and/or appointment types. The drop-off and pick-up area is located in the reception area of the childcare center.

10. Childcare attendant to Child Ratio

The childcare center will operate within the childcare attendant to child ratio per the Washington’s State requirement.

Age of Children Minimum Staff-to-Child

Ratio

Maximum Childcare Center Group Size

6 mos. to 11 mos. 1:4 4 12 mos. to 29 mos. 1:7 6 30 mos. to 5 years 1:10 10 5 years to 12 years 1:15 10

Once the maximum capacity is reached for a stated age group, no additional children will be accepted within the stated age group. The Veteran can be put on a waitlist. Once the VA Kids Care has more capacity, the Contractor can contact the Veteran to inform them of the VA Kids Care availability.

Note: For additional state’s requirements, please click on the respective state link in the “Place of Performance” table above.

11. Contractor Responsibilities

The Contractor must submit all prospective employee qualification documents to the COR prior to finalizing employment. These documents will include, but are not limited to, proof of education, years of pertinent experience, employment history, immunization history (as required by state), references, etc.

The prospective contracted employee may not begin work until the initial VA-required Childcare National Agency Check and Inquiries (CNACI) background checks and health requirements for caring for children are met.

12. Licensure/Regulatory Requirements

The Contractor must obtain a state license before submission of a proposal. The contractor must retain a license from the respective State Department of Early Learning and must operate in compliance with all State and Federal Laws and Regulations governing childcare centers with all applicable per State and Federal laws and regulations governing childcare centers.

The Government will ensure the VA Kids Care centers are licensed with all state regulations.

13. Key Personnel Skilled experienced professional and/or technical personnel are essential for successful Contractor accomplishment of the work to be performed under this effort. These are defined as individuals crucial to the successful performance of the orders issued and the programs being supported by those orders and are those persons identified as key personnel in accordance with solicitation requirements. The Contractor agrees that the key personnel will not be removed, diverted, or replaced from work without prior notification of the CO.

Contractor staff will be fully qualified and have the level of experience necessary to accomplish the requirements of this PWS, as well as those requirements outlined in Section 6.0.

Substitution of Personnel:

Any personnel that the Contractor offers as substitutes shall have the ability and qualifications to meet or exceed the requirements of the contract. Requests to substitute personnel shall be reviewed and approved by the COR. In addition, the substitutes must be trained by the trainer to ensure the replaced childcare attendant is competent to do all tasks assigned. All requests for substitutions in personnel shall be submitted to the COR within fifteen (15) calendar days prior to making any change in key personnel. The request shall be written, and a detailed explanation of the circumstances necessitating the proposed substitution shall be provided. The contractor shall submit a complete resume for the proposed substitute. The COR will evaluate such requests and promptly notify the contractor of the recommendation in writing. Substitute staff should be designated by the contractor well before the need presents itself, as substitute staff will be required to have already completed the required VA background checks (including a CNACI) and mandatory VA training. The Government retains the right to remove personnel from employment at the VA site.

Childcare Staffing Requirements

Key Personnel Role(s) Staffing Requirements

Skills, Relevant Experience, and Certification

Childcare Program Manager (CCPM)

Certification

• Must possess a current child development associated certificate

• Must be registered with the respective State training requirements for early care and training education

Experience / General Position Description – CCPM shall:

• Have a minimum education requirement of at least 25 college credits in childhood education, of which “only” 8 can be department- approved clock hours

• Have experience in providing care to special needs children

• Have a minimum of two (2) years’ experience as a program manager of a childcare center for children ages 6 months through 12 years, and up to 18 years of age for special needs children

• Act as a regional director for VA Kids Care

• Provide program administration and responsible for recruitment, supervision of staff, hiring, and oversight of all aspects of the childcare program

• Be responsible for providing a contingency plan for emergency and routine leave coverage that meets staffing experience, certification requirements and child/ care giver ratios to the local VCAP manager for concurrence

• Be required to provide the following documents to the COR and the local VCAP manager for each proposed contractor employee that will be performing under contract at the respective local facility:

1. List proposed personnel and job title for the position they will be performing

2. Professional resumes for all proposed personnel

3. Copy of professional certifications that’s current and valid for all positions

4. Additionally, but not limited, proof of education, year of pertinent experience, employment history, child develop associate, current health condition, immunization history, references, etc.

Childcare Clerk (CCC)

• Must be a minimum of 18 years of age, high school diploma, GED or equivalent and has documented experience working with children

Experience / General Position Description – CCC shall:

• Be located at the VA Medical Center [VAMC] for the majority of the hours and readily available to provide guidance and program direction

• Function as a supervisor or a leader with VA Medical Center Staff (i.e. Fire; Safety; Executive Leadership; local Veteran Childcare Assistance Program (VCAP) manager; Public Relations etc.). Such duties shall not interfere with any assigned provision of childcare.

• Designate a person to be in charge that meets the minimum qualifications for the respective State for a lead childcare clerk, in the event the childcare center clerk is unavailable due to planned administrative leave, emergency, or sick leave.

• Advised the local VCAP manager in advance, of any planned absences that require designation and/or substitution of staffing and provide concurrence

Childcare Attendant

(CCA)

• Must be a minimum of 18 years of age, completed a high school diploma, GED or equivalent and operates under the direct supervision of a childcare clerk

Experience / General Position Description – CCA shall:

• Be a skilled experienced professional and/or technical personnel essential for successful contractor accomplishment of the work to be performed under this contract

14. Adverse Events Adverse events may result from acts of commission or omission (e.g., negative outcomes from the childcare services provided). Examples of more common adverse events include child falls, procedural errors or complications, and missing children’s events. The contractor shall submit in technical proposal on how they would address adverse events.

15. Close Calls A close call is an event or situation that could have resulted in an adverse event but did not, either by chance or through timely intervention. Such events have also been referred to as "near miss" incidents. An example of a close call would be when a child was almost picked up by an unauthorized adult, but the error was caught and corrected prior to the child being given to an unauthorized adult for pickup. Close calls are opportunities for learning and afford the chance to develop preventive strategies and actions; they receive the same level of scrutiny as adverse events that result in actual injury. Contractor shall submit in technical proposal how they would address close calls events.

16. Intentionally Unsafe Acts Intentionally unsafe acts, as they pertain to children, are any events that result from:

-A criminal act -A purposefully unsafe act -An act related to alcohol or substance abuse by an impaired adult/provider and/or staff member, or events involving alleged or suspected child abuse of any kind.

17. Notification of Adverse Actions

The Veteran will be notified of any adverse action which occurred the same day of the action. The notification will be given to the Veteran following the VHA Issue Brief. The Veteran will sign receipt of an acknowledgement, which does not relieve the contractor's responsibility for ramifications of such adverse action. Per Incident Report SOP: Incidents must be reported as soon as the situation allows, not to exceed one hour, to the Department of Veterans Affairs (VA) local VCAP Program Manager. The local VCAP Program Manager must submit the VA Kids Care mandatory incident report in accordance with the Veterans Health Administration (VHA) guidance on Assistant Under Secretary for Health for Operations (15) Guide to VHA Issue Briefs. The local VCAP Program Manager must notify the Veterans Childcare Assistance Program (VCAP) Director and the VA medical facility Director of all reportable incidents.

18. Reporting Requirements:

The Contractor shall be responsible for adhering to the VA security procedures that ensure both children and adults are safely and properly identified prior to childcare drop off and pick up. Identification of both child and adult shall include, but not be limited to, first and last name, phone number where an adult can be reached, State or Government issued ID of the parent or guardian, address, appointment time and place, and emergency contact. The Contractor will also be responsible for obtaining emergency points of contact for each child, who is not the parent or guardian of the child during drop off so that another designated responsible individual may pick up a child in the event that the Veteran is unable to return to pick up the child after the child has been dropped off for childcare. An emergency Point of Contact (POC) shall be identified by first and last name and a phone number where the emergency POC can be reached.

Identification of children, adults, and emergency POC shall be recorded and provided the local VCAP Manager monthly or as requested.

The Contractor shall retain a paper log of Veteran use of the childcare center as well as materials used during that period of care. The daily log should contain but not be limited to the Veteran's full name, time and location of appointment(s), age of child/children, name of child/children, and emergency contact name and cell phone number. The information recorded in the log shall be determined via project meetings between the Contractor and local VCAP manager/VA Central Office designees before the actual start date of the program. Once the OI&T infrastructure is built, it will be transferred to an electronic log by VA employee. Contractor shall adhere to VA Information Security Program policy HPM 589A4-490 Physical Logbooks; VHA Handbook 1605.1, Privacy and Release of Information. The Childcare check-in sheet is attached for your reference. This check-in sheet is kept in the office of the childcare facility during the day and at the end of each day is stored in a locked cabinet. At the end of every week, after the information is uploaded into electronic format, the form is shredded. For your information, the Identifying # (not SSN) column is the order the children received in the daycare center i.e. 1, 2, 3, … Contractor shall comply with Records Control Schedule 10-1 when appropriate or needed. https://www.va.gov/vhapublications/RCS10/rcs10-1.pdf.

The Contractor shall implement a quality assurance program to ensure that VA requirements are being met. The Contractor shall take corrective action when deficiencies are identified and return any corrective/additional information to the local VCAP manager or Compliance Officer within 14 calendar days.

The local VCAP manager/VA Central Office will have ultimate oversight, review, and rejection/acceptance of all performance related to this program/acquisition.

Under no circumstances should veterans receive billing from the contractor.

The contractor shall appoint a program manager to be responsible for effective liaison with local VA /VA Central Office coordinators and the contract COR.

19. Facility Access and Control

The Contractor and the local VCAP manager will work together to ensure the policies and checklists regarding safety; security and emergency procedures address opening and closing of the facility and checking that all doors and gates to the outside areas are secure. During emergencies, families or designated family representatives are notified by the Contractor or the local VCAP manager via telephone, Medical Center emergency notification system, radio, or television broadcast. Local facility emergency SOP will be followed in full force and effect.

The Contractor shall ensure that its employees working at the childcare center display his/her identification badge while on VA grounds. Employees are required to show their valid identification badge to gain access to the facility. If an employee's identification badge becomes lost or stolen, it must be reported to the local VCAP manager within one workday.

20. Physical Security

Theft/Loss/Damage:

In cases of theft, the Contractor shall notify the local VCAP manager in writing within one hour upon discovery. The contractor shall provide the necessary security and precautions to safeguard and protect all Government equipment, property, and supplies.

The contractor, at no cost to the Government, will replace any lost or stolen items.

Replacement equipment shall be identical in quality to that which was originally furnished by the Government and shall meet all Consumer Product Safety Commission standards.

Lock and Key Control:

The local VCAP manager or designee shall sign for and receive from the Government the initial keys and locks for Government furnished facilities. The contractor is responsible for securing the physical facility and grounds which includes all equipment and furnishings both indoors. The contractor shall reimburse the Government for replacement of locks and keys when the contractor loses or duplicates a master key, all locks will be replaced at the contractor's expense. The contractor shall report the occurrence of a lost, stolen, or misplaced key to the VA Security Office and local VCAP manager within 24- hours after discovery of such a loss, theft, or misplacement.

21. Occupational Safety & Health Association (OSHA) Requirements The Contractor shall adhere to and maintain compliance with regulatory requirements found in Public Law, Government Policy and National Standards, Occupational Safety & Health Association (OSHA) Guideline 1910, and Washington State Licensing.

22. Phase-In Operations To minimize any decreases in productivity and to prevent possible negative impacts on additional services, the Contractor shall have personnel on board during the seven (7) business day phase in period. The phase in period will commence upon each facility’s opening date. During the phase in period, the Contractor shall become familiar with performance requirements to fully satisfy performance requirements identified within the

PWS.

23. Confidentiality and Nondisclosure

It is agreed that press releases, marketing material or any other printed or electronic documentation related to this project, shall not be publicized by the contractor without the written approval of the COR and the designated VA Childcare Assistance Program Director. The contractor shall not use its involvement with the childcare program in any publicity arena nor any contractor advertisements.

Notes:

The Government prohibits any dissemination of religious information, prayer, and program activities within the childcare center that teach or promote religious doctrine.

24. Penalty for Non-Performance If the Contractor does not conform to contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no additional cost to the Government. When the defects in services cannot be corrected by performance, the Government may:

Require the contractor to take necessary action to ensure that future performance conforms to contract requirements.

25. Quality Assurance Surveillance Plan (QASP) Performance Standards define required performance for specific tasks. The Government performs surveillance to determine if the Contractor exceeds, meets or does not meet these standards. The Government may utilize the Performance Based Service Assessment Survey, provided as Attachment E, or other methods to compare Contractor performance to the Acceptable Levels of Performance (ALPs).

25.1 Methods of Surveillance

Various methods exist to monitor performance. The COR shall use any or several of the surveillance methods listed below in administering this QASP.

1. 100% Inspection (evaluates all outcomes) - Each month, the COR shall review all of the Contractor’s performance/generated documentation and document results accordingly. This assessment shall be placed in the COR’s Quality Assurance (QA) file.

2. Random Sample - The COR shall review a random sampling of the contractor’s performance/generated documentation and document your results accordingly. This assessment shall be placed in the COR’s QA file.

3. Validated Customer Complaint or Validated Below Average ALP in a Specific Area - Each month, the COR shall review the Contractor’s performance/generated documentation corresponding to a validated customer complaint or validated inability to perform in accordance with the ALP in a specific area and document your results accordingly. This assessment shall be placed in the COR’s QA file.

25.2 Frequency of Measurements

During task order performance, the COR will periodically analyze whether the negotiated frequency of surveillance is appropriate for the work being performed, and at a minimum shall be twice a year.

27.3 Acceptable Performance Levels (APLS)

Requirement Performance

Standard Surveillance

Method Outcome

PROJECT

MANAGEMENT,

MILESTONES,

AND SCHEDULE

a. Notifies customers of potential problems 90% of the time.

100% Inspection of agreed-upon milestones per the approved

PMP

Notification occurs within two business days of a potential issue when known in advance or within 24 hours of urgent problems, where less than two business days exist

b. Submits Deliverables in accordance with the deliverable schedule within (+/-) five business days with no more than five incidents of performance slippage

100% Inspection of deliverables

No more than five incidents of performance schedule slippage

WRITTEN

COMMUNICATION

Uses correct English grammar, punctuation, and spelling 95% of the time; communicates information in a succinct and organized manner, produces written information that is appropriate for the intended audience

Random Sampling

Written communication is consistently error-free and clear and concise so that the message is easily understood by others

CUSTOMER

SUPPORT

Courteous and professional interactions to receive and fill task order deliverables and in providing order status.

Customer (VA) support satisfaction, having no more than 5 incidents of dissatisfaction.

Customer Feedback and Complaints based on interactions with the contractor

Customer problems are resolved within the same business day; no more than 5 incidents spent by Government personnel in providing corrective feedback on unacceptable customer service/professionalism

25.4 Documenting Performance

Acceptable Performance The Government shall document acceptable performance in accordance with the chart above. Any report may become a part of the supporting documentation for any contractual action.

Unacceptable Performance When unacceptable performance occurs, the COR shall inform the CO. This will always be in writing although when circumstances necessitate immediate verbal communication, that communication will be followed in writing. The COR shall document the discussion and place it in the COR file.

When the CO determines formal written communication is required, the COR shall prepare a Contract Discrepancy Report (CDR) and present it to the contractor's program manager.

The Contractor shall acknowledge receipt of the CDR in writing to the CO. The CDR will state how long after receipt the contractor has to take corrective action. The CDR will also specify if the contractor is required to prepare a corrective action plan to document how the Contractor shall correct the unacceptable performance and avoid a recurrence. The CO shall review the contractor's corrective action plan to determine acceptability.

Any CDRs may become a part of the supporting documentation for any contractual action deemed necessary by

26. Government Furnished Equipment

Government Provided Services and Furnished Property:

The Government will furnish the childcare facility for use by the Contractor to perform the requirements of this contract. Facilities are designed and equipped to meet VA fire, safety, health, and sanitation standards and program needs.

All requests for building maintenance will be made to the local VCAP manager or designee. The Contractor shall make no structural alterations to the facility. The Contractor shall return the facility to VA in the same condition as received, minus normal wear and tear. Inspections of the site will be completed by the local VCAP manager on a Quarterly basis and a written report of findings will be provided to the contractor. Any issues attributable to the Contractor’s neglect or abuse will be noted and may be subject to correction at the contractor's expense.

The Contractor will be responsible for the cleaning standard required by State and Federal Laws for all VA childcare center facilities per VA Kids Care Cleaning SOP.

The Contractor shall clean the non-hazardous spills and clean the toys per VA Kids Care Cleaning SOP. The Government will clean the VA childcare facility Care after hours.

The Government will provide grounds maintenance (snow removal, grass-cutting, pest control, and garbage collection from the dumpsters), security, and fire protection.

The Government, during the implementation period will work with the local Center for Development and Civic Engagement (CDCE) office to provide toys, and materials to enhance the childcare program.

The COR and Contractor shall accomplish a joint inventory list that confirms all Government- furnished equipment provided to the contractor. Both the COR and contractor will sign and receive copies of the inventory.

The Government will provide the maintenance of all Government-furnished facilities and of all built-in real property (sinks, toilets, built-in cabinets, lighting, light bulb replacements, air conditioning and heating systems, and will pay for utilities (heat, air conditioning, electricity, and water). A listing of all Government-Furnished equipment will be reviewed by both the contractor and COR, for which the contractor will acknowledge receipt.

The Contractor shall be responsible for the cost of maintenance repairs in case of damages incurred because of the contractor's misuse or neglect.

The Government will make structural alterations as may be required to conform to applicable health, safety, and sanitation requirements or modified use of the facility.

The Government will provide external security via the VA Police Service.

The Government will provide access to fire protection and prevention via the local Fire Department.

The Government will provide telephone and limited computer networking capability compatible with the local system. This acquisition does not require services that involve connection of one or more contractor-owned IT devices (such as a laptop computer or remote connection from a contractor system) to a VA internal trusted (i.e., non-public) network. “The C&A requirements do not apply, and that a Security Accreditation Package is not required.” The Contractor shall comply with the Privacy Act of1974 (the Act), FAR 52.224-2 Privacy Act, and VA rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish a VA function.

Prior to contract start date, the contractor shall conduct a joint inventory with the COR and sign a receipt for all non-consumable equipment and materials provided by Government. If for any reason the inventory has not been completed and signed by the contractor by the 10th working day following contract start date, the contractor shall accept Government's inventory list as true and accurate. The COR and the contractor shall jointly update inventory records every 6 months. Inventory copies shall be furnished to the contractor. The contractor, with like quality items, shall replace missing or damaged equipment beyond normal wear and tear. The COR shall approve replacement items. One month before contract completion, a joint inventory shall be conducted using the current inventory list.

The Contractor is responsible for notifying the COR of any Government Funded Property (GFP) that the contractor believes to be necessary to perform the contract and for notifying the COR of any maintenance, repair, or replacement of GFP.

27. VA INFORMATION SECURITY

General

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

Access to VA Information and VA Information Systems

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

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

c. Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by executive Order 12829 to ensure that cleared US 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 Veteran Affairs does not have a Memorandum of Agreement with Defense Security Services (DSS). Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness.

d. Custom software development and outsourced operations must be located in the US 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- US services are provided and detail a security plan, deemed to be acceptable to VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the US may be an evaluation factor.

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

Custody of VA Information

a. Information made available to the contractor or subcontractor by VA for the performance or administration of the contract shall be used only for the purposes and shall not be used in any other way without the written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights of 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/subcontractor's information systems or media storage systems to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA's information is returned to the VA or destroyed in accordance with VA's sanitization requirements.

VA reserves the right to conduct onsite 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.

c. 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 the 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 VA Directive 6300, Records and Information Management and its Handbook 6300.1, Electronic Media Sanitization. Self0-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract.

d. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable to 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 date used by the contractor/subcontractor needs to be restored in an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed.

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

g. If a VHA contract is terminated for cause, the associated BAA must also be terminated an appropriate action 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 relationship.

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

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

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

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

l. For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require C&A or an MOU-ISA for system interconnection,…