RFP 36C26222R0113 - Monitor Technician Services - VALBHS Final.pdf

PAGE 1 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. UEI: EFT:

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 SIGN 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. SIGNATURE 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. NOV 2021)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

36C26222R0113 05-26-2022

Rafael Cervantes 562 766 2281 06-10-2022

11:00am PST

36C262

Department of Veterans Affairs

Network Contracting Office 22

4811 Airport Plaza Drive

Suite 600

Long Beach CA 90815

X 100

X

561320

$30 Million

N/A

X

36C262

Department of Veterans Affairs

VA Long Beach Healthcare System

5901 E 7th Street

Long Beach CA 90822

Department of Veterans Affairs

Network Contracting Office 22

4811 Airport Plaza Drive

Suite 600

Long Beach CA 90815

TBD

Financial Services Center http://www.tungsten-network.com

See CONTINUATION Page

The VA Long Beach Healthcare System requires six (6) FTE

Monitor Technician Services to provide shift coverage in accordance with the performance work statement (PWS).

This requirement is being procured as a 100% set-aside for

Service-Disabled Veteran Owned Small Businesses (SDVOSB).

Direct all questions via email only to Rafael Cervantes, at rafael.cervantes@va.gov no later than 06/01/2022 at 11:00AM

PST.

Offerors proposals shall be submitted via email, clearly marked with RFP 36C26222R0113. Offerors proposals shall be emailed to Rafael Cervantes, Contract Specialist, at rafael.cervantes@va.gov no later than 06/10/2022 at 11:00 AM

PST.

See CONTINUATION Page

X X

X 1

Michael Kahyai, Contracting Officer

36C26222R0113

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES………………………………………………………………1

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 SCHEDULE OF SERVICE AND PRICE

B.3 PERFORMANCE WORK STATEMENT

B.4 IT CONTRACT SECURITY

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (NOV 2021)

C.2 52.216-18 ORDERING (AUG 2020)

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.4 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.5 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ...32

C.6 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2020)

C.7 52.223-99 ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR

FEDERAL CONTRACTORS (OCT 2021) (DEVIATION)

C.8 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR

1984)

C.9 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.10 VAAR 852.219-77 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (SEP 2021)

(DEVIATION)

C.11 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 PRICE WORKSHEET

D.2 Wage Det. 2015-5613, Rev. 21, Los Angeles, California 03/15/2022

D.3 CONTRACTOR CERTIFICATION: IMMIGRATION AND NATIONALITY ACT OF

1952—AS AMENDED

D.4 VHA Supplemental Contract Requirements for Ensuring Adequate COVID- 19

Safety Protocols for Federal Contractors

SECTION E - SOLICITATION PROVISIONS

E.1 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.2 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2021)

E.3 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

E.4 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.5 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.6 52.207-6 SOLICITATION OF OFFERS FROM SMALL BUSINESS CONCERNS

AND SMALL BUSINESS TEAMING ARRANGEMENTS OR JOINT VENTURES

(MULTIPLE-AWARD CONTRACTS) (OCT 2016)

E.7 52.216-1 TYPE OF CONTRACT (APR 1984)

E.8 52.217-5 EVALUATION OF OPTIONS (JUL 1990)

E.9 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.10 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FEB 1998)

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:

Company Name:

Address:

Phone:

Email:

b. GOVERNMENT:

Contracting Office - 36C262

Network Contracting Office 22 POC: Rafael Cervantes Email: rafael.cervantes@va.gov 4811 Airport Plaza Drive, Suite 600 Long Beach, CA 90815

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

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Monthly

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 Financial Services Center Submit Invoices Electronically to:

www.tungsten-network.com/us/

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the

Solicitation numbered and dated as follows:

AMENDMENT NO DATE

B.2 SCHEDULE OF SERVICE AND PRICE

This is an IDIQ Contract for one-year base plus four (4) one-year option periods, the hourly rates being fixed-price. Prices for the hourly rates in this schedule represent an all-inclusive rate including labor, incidental costs, overhead, and insurance premium payments for applicable insurance coverage. Costs not incorporated into the Contractor’s price will not be reimbursed by the Government.

*The previous option year pricing will apply to any extension pursuant to FAR 52.217-8.

Base Period of Performance: TBD

ITEM

NUMBER

DESCRIPTION OF

SERVICES

QUANTITY UNIT UNIT PRICE TOTAL AMOUNT

0001 Six (6) FTE Monitor Technician Services

12,480 HR $________ $____________

0002 Overtime Rate: 100 HR $________ $____________

GRAND TOTAL __________________

Option Year One (1) Period of Performance: TBD

NUMBER

DESCRIPTION OF

SERVICES

QUANTITY UNIT UNIT PRICE TOTAL AMOUNT

Option Year Two (2) Period of Performance: TBD

NUMBER

DESCRIPTION OF

SERVICES

QUANTITY UNIT UNIT PRICE TOTAL AMOUNT

0001 Six (6) FTE Monitor 12,480 HR $________ $____________

Option Year Three (3) Period of Performance: TBD

NUMBER

DESCRIPTION OF

SERVICES

QUANTITY UNIT UNIT PRICE TOTAL AMOUNT

Option Year Four (4) Period of Performance: TBD

NUMBER

DESCRIPTION OF

SERVICES

QUANTITY UNIT UNIT PRICE TOTAL AMOUNT

BASE PERIOD ESTIMATED TOTAL……………….. ______________

OPTION YEAR 1 ESTIMATED TOTAL…………….. ______________

OPTION YEAR 2 ESTIMATED TOTAL…………….. ______________

OPTION YEAR 3 ESTIMATED TOTAL…………….. ______________

OPTION YEAR 4 ESTIMATED TOTAL…………….. ______________

TOTAL FOR BASE + ALL OPTION YEARS……… ______________

B.3 PERFORMANCE WORK STATEMENT

1. GENERAL. Six (6) FTE Contract Monitor Technicians are needed to provide telemetry monitoring services to VA Long Beach Healthcare System (VALBHS) Inpatient Units located at the VA Tibor Rubin Medical Center at 5901 E 7th St, Long Beach, CA 90822. The Contract Monitor Technicians will be responsible for assessing the condition of a patient by continuously monitoring electrocardiograph recordings of assigned patients. As there is a “Call” requirement, Contract Monitor Technician providers shall reside within commuting distance of the VALBHS (within 50 miles).

2. QUALIFICATION REQUIREMENTS.

2.1. All Contract Monitor Technician staff shall be Basic Life Support certified; Advanced Cardiac Life Support is preferred.

2.2. Qualification criteria for the Contract Monitor Technician specialty are defined in the table below:

CRITERIA Electrocardiograph (EKG) Monitor Technicians

Minimum Education

Formal training program in dysrhythmia recognition and hold a current certification from such a course prior to performing cardiac Contract Monitor

Technician services.

Minimum Experience Two (2) years within the last three (3) years

Required Certification Basic Life Support Certification

State Licensure Requirement (name)

N/A

3. DUTIES AND RESPONSIBILITIES OF CONTRACT MONITOR TECHNICIANS.

3.1. Duties and Responsibilities. In any area of assignment within VALBHS, the contract for Monitor Technicians provides indirect treatment, through assessing patient status, and determining priorities, and requires independent judgment, organizational skills, communication skills and the ability to utilize an interdisciplinary approach in the provision of care. Services shall be provided in accordance with the requirements of this contract and are to include, but shall not be limited to the following:

3.1.1. Assess the condition of patients by continuously monitoring electrocardiograph (EKG) recordings on a central station monitor

3.1.2. Admit and discharge patients from the monitoring equipment.

3.1.3. Operate complex monitoring equipment, troubleshoot computer malfunctions, and communicate system problems with the appropriate personnel.

3.1.4. Annotation of all problems with monitoring systems and notification of problems in a logbook or notification system.

3.1.5. Routinely collect, evaluate and document each patient's cardiac rhythm status a minimum of three

(3) times each shift and upon changes in rhythms. Each rhythm strip is analyzed for the following identification: PR interval, QRS interval, QT interval, rate (atrial and ventricular), maintains patient rhythm, ectopic beats, ST segment changes and places strips in patient records. All documentation shall be properly prepared and ready for placement in the patient's chart prior to the end of the shift if patient is discharged or transferred.

3.1.6. Communicate with nursing personnel when changes in the monitoring parameters, and when changes in electrode placement are required for a particular patient.

3.1.7. Record and identify any change in the patient's baseline cardiac rhythm, and immediately notify nursing staff as changes occur. Also record cardiac rhythm during the following:

cardiac arrests and resuscitation, cardio version, and during administration of intravenous push medications such as Digoxin, and Verapamil.

3.1.8. Comply with the objectives and policies of the hospital, collaborating with the medical staff when performing techniques for the comfort and well-being of patients.

3.1.9. May be needed to work beyond the regular tour of duty or in other patient care units as assigned by department head or nursing supervisor.

4. ON-BOARDING REQUIREMENTS. On-boarding of Contract Monitor Technicians shall be coordinated by the Contractor with the Contracting Officer’s Representative (COR) or his/her designee. Contractor shall submit the resume of any new Monitor Technician candidate when requested by the COR, and the Contractor shall make proposed Contract Monitor Technician candidates available for interview by the VALBHS program office.

5. NON-ACCEPTANCE OF CONTRACT CANDIDATES. The Contractor shall ensure that all proposed Monitor Technician candidates have met the qualifying criteria, including experience, competency, and valid licenses. Ultimately, the decision to accept or reject Contract Monitor Technician candidates rests with the VA. Non-acceptance of contract providers does not relieve the Contractor from satisfying and fulfilling Task Order requirements.

6. STANDARD OF CONDUCT.

6.1. The Government reserves the right to refuse acceptance of Contract Monitor Technician candidates whose personal or professional conduct jeopardizes or interferes with the regular and ordinary operation of the facility. Breaches of conduct include intoxication or debilitation resulting from drug use, theft, patient abuse, dereliction or negligence in performing directed tasks, or other abuse, or other conduct resulting in formal complaints by patients or other staff members to designated Government Representatives. Standards for conduct shall mirror those prescribed by current Federal Personnel Regulations.

6.2. Complaints concerning Contract Monitor Technician staff’s conduct with Government employees or patients will be dealt with by the Contractor and the COR. The Contracting Officer (CO) is the final authority on validating complaints. In the event that Contract Monitor Technician staff are involved and named in a validated complaint, the Government reserves the right to refuse acceptance of the services of such personnel. This does not preclude refusal in the event of incidents involving physical or verbal abuse. The final arbiter on questions of acceptability is the CO.

7. CONFLICT OF INTEREST. The Contractor shall not employ any person who is an employee of the United States Government if the employment of that person would create a conflict of interest. The

Contractor shall not employ any person who is an employee of the VA, unless such person seeks and receives approval in accordance with the VA regulations. Nor shall the Contractor employ any person who, as a member, would create a conflict of interest or the appearance of a conflict of interest, particularly with regard to influencing the negotiations or terms of the contract, or resulting Task Orders.

8. DRUG SCREENING. Contract Monitor Technician staff are subject to random drug testing.

Contract Monitor Technician staff are also subject to drug testing when there is a reasonable suspicion that they use or are impaired by illegal drugs while on duty. Reasonable suspicion of drug use or impairment includes, but is not limited, to the following:

8.1. Observable phenomena, such as direct observation of drug use, possession or the physical symptoms of being under the influence of a drug.

8.2. A pattern of abnormal conduct or erratic behavior.

8.3. Arrest or conviction for a drug-related offense or the identification of a contract health care provider as the focus of a criminal investigating into illegal drug possession, use or trafficking.

8.4. Information provided either by reliable and credible sources or independently corroborated.

8.5. Newly discovered evidence that the contract Monitor Technician has tampered with a previous drug test.

9. HEALTH REQUIREMENTS.

9.1. Contract Monitor Technician staff shall not perform services unless a pre-assignment medical examination has been performed within thirty (30) calendar days of their first scheduled shift. Pre- assignment medical examinations shall be the responsibility of the Contractor at no cost to the Government.

9.2. As a condition of employment, Occupational Safety and Health Administration (OSHA) requires that all Contract Monitor Technician staff, whom will have occupational exposure to blood, other body fluids, or other potentially infectious materials, shall receive Hepatitis B vaccine, sign a voluntary declination or have documented proof of immunity to Hepatitis B infection. The immunization shall be the responsibility of the Contractor at no cost to the Government.

9.3. Contract Monitor Technician staff having patient contact or exposure to biological or pathological specimens shall be immunized against, be granted an immunization waiver or have documented proof of immunity to: rubella, mumps, polio and Hepatitis B. In addition, Contract Monitor Technician staff shall be free of infectious diseases (to include, but not limited to, active Tuberculosis and Viral Hepatitis) that might reasonably be expected to place other workers, patients or the public at risk.

9.4. The Contractor shall provide the Government with all the information necessary to ensure that Government records are maintained correctly and in compliance with The Joint Commission (TJC), OSHA, and the Center for Disease Control health records requirements, for all Contract Monitor Technician staff.

9.5. The Contractor shall provide certificates of completion for any related testing/requirements that show compliance with TJC, OSHA and the Center for Disease Control requirements, for all Contract Monitor Technician staff.

9.6. The Contractor shall provide the COR with certification that Contract Monitor Technician providers have completed the medical evaluation required above, a minimum of two (2) working days prior to performance of Contract Monitor Technician services. This certification shall state the date that the examination was completed, the provider’s name that performed the examination, a statement concerning the physical health of the individual and the following statement:

[Name of contract health care provider] is suffering from no contagious diseases to include, Tuberculosis, Hepatitis and Venereal Disease.

9.7. The Government may take nose and throat cultures from Contract Monitor Technician

Providers when required by Government Infection Control Committees (ICC).

9.8. When a Contract Monitor Technician staff member has been found medically unfit for providing services required under the resulting Task Order, that staff member shall be required to discontinue working immediately. Contract Monitor Technician staff will not return to work until given clearance by the appropriate VA staff member.

9.9. The Government will provide emergency health care for injuries sustained while on duty for

Contract Monitor Technician staff. These services will be billed to the Contractor at the current full- reimbursement rate.

10. ARRANGEMENT FOR REPLACEMENT STAFF. The Contractor shall provide scheduled

Contract Monitor Technician services throughout the period of contract. In the event of the absence of the Contractors scheduled Monitor Technician staff for any reason, the Contractor shall coordinate a replacement provider at the time initially scheduled.

11. ALTERNATE SOURCES.

11.1. If routine services are disrupted for more than two (2) consecutive scheduled shifts or 48 hours from initially scheduled missed shift, the Government reserves the right to procure such services from an alternate source, until the services can be provided by the awarded Contractor. When the Government exercises its right to procure these services from an alternate source, the Contractor shall reimburse the Government for all charges in excess of the amount that would have normally been paid to the awarded Contractor.

11.2. A copy of the other source’s time sheet or other verifiable documentation shall be used as the basis for any reimbursement.

12. IDENTIFICATION BADGE. An identification (ID) badge will be issued by the VALBHS to contract Monitor Technician staff providing services under the contract. The appropriate ID badge shall be worn at all times while on Government facility grounds, clearly displayed on the outermost garment (i.e., scrubs, coat, jacket, sweater, shirt, blouse, lab coat).

13. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA).

13.1. Contractor shall take reasonable measures to ensure patient privacy and confidentiality. The contract Monitor Technician staff assigned to provide services under the resulting contract(s) agree to take all reasonable precautions to safeguard patient information from unauthorized access or modification, in both electronic and hard-copy formats. This includes not only electronic security measures such as “strong” user passwords on computer systems, but also physical barriers to prevent unauthorized use of computer work-stations; that hard copy patient files are in secured lockable areas, that files are in lockable cabinets, that the cabinets can in fact be locked (i.e., keys are available and the locking mechanisms work properly). This precaution also includes the proper transfer of patient information via electronic means, such as faxing or system-to-system transmission.

13.2. Contract Monitor Technician staff shall make sure no patient information of any type is given to outside parties, agencies or organizations of any type without the expressed written consent of the patient and the VA and only in capacities directly related to the provision of the services contracted in this instrument. That only the minimum necessary patient information is used to provide appropriate service to the correct patient. The Contractor is subject to the same penalties and liabilities for unauthorized disclosures of such records as VA personnel.

13.3. The Contractor acknowledges that all parties are bound by the requirements of the “Health

Insurance Portability and Accountability Act of 1996” which provide guidance on the protection of patient privacy and confidentiality. This Act mandates that all government agencies and those bodies with whom they contract must be in compliance with the directives of the Act.

Details of the Act are still under development by the Congress of the United States. Once these detailed directives are released, this current purchase agreement may require a modification to be in compliance depending on the effective date of the Act as decided by Congress and the President of the United States.

14. QUALITY ASSURANCE AND PERFORMANCE MONITORING.

14.1. The COR will utilize a Quality Assurance Surveillance Plan (QASP) to assist in performance monitoring and will be responsible for verifying compliance with the terms and conditions of the contract(s). Any incidents as evidenced by the monitoring procedures will be forwarded immediately to the CO. In addition, the COR will forward the summary evaluation of the Contractor’s performance to the CO quarterly and once performance ends.

14.2. Customer Service will be measured based on documented, substantiated, patient and/or staff complaints or compliments. Any substantiated customer service complaint will be immediately reported to the CO, along with reported compliments.

15. THE JOINT COMMISSION (TJC).

15.1. Contract Monitor Technician staff shall be subject to the same quality assurance standards in meeting or exceeding current recognized National Standards as established by TJC. Copies of the quality assurance standards are on file in the VALBHS Quality Management department and will be available to the Contractor. The Contractor shall perform services in accordance with the ethical, professional, and technical standards of the healthcare industry as consistent with VA policy, regulations, and procedures.

15.2. The Contractor is required to maintain records that document competence/performance level of contract staff working on the resulting contract(s) in accordance with TJC accreditation and other regulatory body requirements. The Contractor will provide a current copy of the competence assessment checklist and annual performance evaluation of any contract staff to the COR upon request.

15.3. Where the contract does not require the TJC accreditation or other regulatory body requirements, the Contractor’s staff performing on the contract(s) must perform the required work in accordance with the TJC accreditation standards. A copy of these standards may be obtained from TJC, One Renaissance Blvd., Oakbrook Terrace, IL 60181.

16. HEALTH AND HUMAN SERVICES/OFFICE OF INSPECTOR GENERAL (HHS/OIG)

REQUIREMENTS. To ensure that the contract staff performing under the resulting contract(s) have not engaged in fraud or abuse regarding Sections 1128 and 1128A of the Social Security Act regarding federal health care programs, the Contractor is required to check the Health and Human Services--Office of Inspector General (HHS/OIG), List of Excluded Individuals/Entities on the OIG Website (www.hhs.gov/oig) for each person providing services. Furthermore, the Contractor is required to certify in its offer that all persons listed in the Contractor’s offer have been compared against the OIG list and are NOT listed. During the performance of the resulting contract, the Contractor is prohibited from using any individual or business listed on the List of Excluded Individuals/Entities.

17. GOVERNMENT TRAINING AND ORIENTATION.

17.1. The COR or his/her designee will provide each contract Monitor Technician staff with all necessary site- specific training, orientation, medical supplies, equipment (including Respiratory Fit Testing) and evaluations as required by federal, state and local occupational safety laws or rules, including TJC and HIPAA.

17.2. The Contractor shall ensure that all Contract Monitor Technician Providers attend and participate in VA or any other mandatory training to include but not limited to VA Privacy, VA Cyber Security, Diversity, Total Quality Improvement, Annual Fire Safety and Infection Control.

18. EVIDENCE OF INSURANCE COVERAGE. Before commencing work under this contract, the Contractor shall furnish certification to the CO that coverage is required (General and Professional Liability as well as Workers Compensation) and has been obtained. Such policy shall state, “This policy may not be changed or cancelled without written notice to the VA Contracting Officer, VA Network Contracting Office 22, 4800 Airport Plaza Drive, Suite 600, Long Beach, CA 90815.” Said policy must bear an appropriate “loss payable clause’’ to the United States as its interest may appear. Such evidence of insurance will not be waived.

19. CONTRACTOR PERSONNEL POLICY.

19.1. The Contractor shall assume full responsibility for the protection of its personnel furnishing services. To carry out this responsibility, the Contractor shall provide the following to its contract Monitor Technician staff:

19.1.1. Workers Compensation;

19.1.2. Professional liability insurance;

19.1.3. Health examinations;

19.1.4. Income tax withholdings;

19.1.5. Social Security withholdings.

http://www.hhs.gov/oig)

19.2. Payment for any leave, including sick leave or vacation time is considered the sole responsibility of the Contractor. The Contractor shall comply with all existing local, state, federal and/or union laws, regulations relevant to fringe benefits, and premium pay for their employees. Such personnel Monitor Technician shall not be considered VALBHS employees for any purpose and shall be considered employees of the Contractor. There is no employer-employee relationship between the VA and the Contractor or the Contractor’s Monitor Technician employee(s).

20. WORK SCHEDULE AND OVERTIME.

20.1. Contract Monitor Technician shall work in areas designated by the COR or his/her designated representative. The normal tour of duty is comprised of six (6) twelve (12) hour shifts, and one

(1) eight (8) hour shift amounting to eighty (80) hours per 2 weeks pay period.

20.2. Contract Monitor Technicians shall be available to work 24/7; including holidays and shall participate in call coverage for a minimum of two (2) weeks per month.

20.3. Tours of duty will consist of (3) day shift tours; 0730 - 2000 and (2) night shift tours; 1930 0800.

20.4. Contract Monitor Technician staff that works a six (6) hour, or longer, shift shall be entitled to an unpaid thirty (30) minute meal break.

20.5. Overtime. Overtime shall be approved in writing (email) by the COR prior to any contract Monitor Technician staff exceeding twelve (12) hours per day or eighty (80) hours per two

(2) weeks pay period. Contract Monitor Technician is paid at regular rate if (80) hours are not worked in same (2) week pay period.

20.6. The Government reserves the right to schedule or reschedule duty hours to meet staffing and patient care needs. The Government shall provide a twenty-four (24) hour notice of any schedule changes.

20.7. Contractor’s Monitor Technician staff shall be present at the facility and shall be actually performing the required services to receive payment for services. The Contract Monitor Technician staff shall only receive payment for the actual number of hours worked on-site.

21. NATIONAL HOLIDAYS.

21.1. When one of the holidays falls on a Sunday, the following Monday will be observed as a national holiday. When a holiday falls on a Saturday, the preceding Friday is observed as a national holiday by U.S. Government Agencies. Also included would be any day specifically declared by the President of the United States of America as a national holiday. The Contractor shall only be paid for actual hours worked. Holiday pay is not authorized under the resultant Contract and subsequent task orders.

21.2. Listed below are the eleven (11) national holidays:

New Year’s Day January 01

Martin Luther King’s Third Monday in January

Birthday

President’s Day Third Monday in February

Memorial Day Last Monday in May

Juneteenth June 19

Independence Day July 04

Labor Day First Monday in September

Columbus Day Second Monday in October

Veterans Day November

Thanksgiving Day Fourth Thursday in November

Christmas Day December

B.4 IT CONTRACT SECURITY

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY

1. 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.

2. 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 U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a

Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security

Clearance must be processed through the Special Security Officer located in the Planning and

National Security Service within the Office of Operations, Security, and Preparedness.

d. Custom software development and outsourced operations must be located in the U.S. to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the contractor/subcontractor must state where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor.

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.

3. VA INFORMATION CUSTODIAL LANGUAGE

a. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data -

General, FAR 52.227-14(d) (1).

b. VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor's information systems or media storage systems in order to ensure

VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that

VA's information is returned to the VA or destroyed in accordance with VA's sanitization requirements. VA reserves the right to conduct on site inspections of contractor 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 this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media

Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract.

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 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, 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 Federal Acquisition Regulation (FAR) part 12.

g. If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate

Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship.

h. The contractor/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, that 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, the contractor/subcontractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the COR.

4. 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 FISMA, HIPAA, NIST, and related VA security and privacy control requirements for Federal information systems. This includes standards for the protection of electronic 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 (reference 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 COR, and approved by the VA Privacy Service in accordance with Directive 6507, VA Privacy Impact Assessment.

b. The contractor/subcontractor shall certify to the 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. This includes Internet Explorer 7 configured to operate on Windows XP and Vista (in Protected Mode on Vista) and future versions, as required.

c. The standard installation, operation, maintenance, updating, and patching of software shall not alter the configuration settings from the VA approved and 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 NIST

Special Publication 800-37, Guide for Applying the Risk Management Framework to Federal

Information Systems, 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:

(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:

(a) The Systems of Records (SOR); and

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

(1) Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the redesign, development, or operation of a

SOR on individuals that is subject to the Privacy Act; and

(2) Include this Privacy Act clause, including this subparagraph (3), in all subcontracts awarded under this contract which requires the design, development, or operation of such a

SOR.

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 contains the person's name, or identifying number, symbol, or any other identifying particular assigned to the individual, such as a fingerprint or 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 particular assigned to the individual.

i. The vendor 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 vendor anywhere in the Systems, including Operating Systems and firmware. The vendor shall ensure that Security Fixes shall not negatively impact the Systems.

j. The vendor shall notify VA within 24 hours of the discovery or disclosure of successful exploits of the vulnerability which can compromise the security of the Systems (including the confidentiality or integrity of its data and operations, or the availability of the system). Such issues shall be remediated as quickly as is practical, but in no event longer than days.

k. When the Security Fixes involve installing third party patches (such as Microsoft OS patches or Adobe Acrobat), the vendor will provide written notice to the VA that the patch has been validated as not affecting the Systems within 10 working days. When the vendor is responsible for operations or maintenance of the Systems, they shall apply the Security Fixes within days.

l. All other vulnerabilities shall be remediated as specified in this paragraph in a timely manner based on risk, but within 60 days of discovery or disclosure. Exceptions to this paragraph (e.g.

for the convenience of VA) shall only be granted with approval of the contracting officer and the

VA Assistant Secretary for Office of Information and Technology.

5. INFORMATION SYSTEM HOSTING, OPERATION, MAINTENANCE, OR USE

a. For information systems that are hosted, operated, maintained, or used on behalf of VA at non-VA facilities, contractors/subcontractors are fully responsible and accountable for ensuring compliance with all HIPAA, Privacy Act, FISMA, NIST, FIPS, and VA security and privacy directives and handbooks. This includes conducting compliant risk assessments, routine vulnerablity scanning, system patching and change management procedures, and the completion of an acceptable contingency plan for each system. The contractor's security control procedures must be equivalent, to those procedures used to secure VA systems. A

Privacy Impact Assessment (PIA) must also be provided to the COR and approved by VA

Privacy Service prior to operational approval. All external Internet connections to VA's network involving VA information must be reviewed and approved by VA prior to implementation.

b. Adequate security controls for collecting, processing, transmitting, and storing of Personally

Identifiable Information (PII), as determined by the VA Privacy Service, must be in place, tested, and approved by VA prior to hosting, operation, maintenance, or use of the information system, or systems by or on behalf of VA. These security controls are to be assessed and stated within the PIA and if these controls are determined not to be in place, or inadequate, a Plan of Action and Milestones (POA&M) must be submitted and approved prior to the collection of PII.

c. Outsourcing (contractor facility, contractor equipment or contractor staff) of systems or network operations, telecommunications services, or other managed services requires certification and accreditation (authorization) (C&A) of the contractor's systems in accordance with VA Handbook 6500.3, Certification and Accreditation and/or the VA OCS Certification

Program Office. Government- owned (government facility or government equipment) contractor-operated systems, third party or business partner networks require memorandums of understanding and interconnection agreements (MOU-ISA) which detail what data types are shared, who has access, and the appropriate level of security controls for all systems connected to VA networks.

d. The contractor/subcontractor's system must adhere to all FISMA, FIPS, and NIST standards related to the annual FISMA security controls assessment and review and update the

PIA. Any deficiencies noted during this assessment must be provided to the VA contracting officer and the ISO for entry into VA's POA&M management process. The contractor/subcontractor must use VA's POA&M process to document planned remedial actions to address any deficiencies in information security policies, procedures, and practices, and the completion of those activities. Security deficiencies must be corrected within the timeframes approved by the government. Contractor/subcontractor procedures are subject to periodic, unannounced assessments by VA officials, including the VA Office of Inspector General. The physical security aspects associated with contractor/ subcontractor activities must also be subject to such assessments. If major changes to the system occur that may affect the privacy or security of the data or the system, the C&A of the system may need to be reviewed, retested and re- authorized per VA Handbook 6500.3. This may require reviewing and updating all of the documentation (PIA, System Security Plan, Contingency Plan). The Certification Program

Office can provide guidance on whether a new C&A would be necessary.

e. The contractor/subcontractor must conduct an annual self assessment on all systems and outsourced services as required. Both hard copy and electronic copies of the assessment must be provided to the COR. The government reserves the right to conduct such an assessment using government personnel or another contractor/subcontractor. The contractor/subcontractor must take appropriate and timely action (this can be specified in the contract) to correct or mitigate any weaknesses discovered during such testing, generally at no additional cost.

f. VA prohibits the installation and use of personally-owned or contractor/…