RFQ 36C26124Q0413.docx

36C26124Q0413

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

612-24-1-6165-0001 36C26124Q0413 02-29-2024 Derek H Celedon 559-241-6437 03-07-2024

PST

Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Central California Health Care System 855 M Street, Suite 1020 Fresno CA 93721 X X 621340 $12.5 Million N/A X

SEE STATEMENT OF WORK

Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Central California Health Care System 855 M Street, Suite 1020 Fresno CA 93721

Department of Veterans Affairs FMS-VA-2(101) Financial Services Center

PO BOX 149971

Austin TX 78714-9971 See CONTINUATION Page Contractor shall provide ergonomic evaluation and training services for VA Northern California Health Care System Offerors to submit proposal(s) per instructions provided in sections 52.212-1 and 52.212-2 Submit all questions 3 days prior to the due date via email to derek.celedon@va.gov See CONTINUATION Page X Angela Gerlitzki Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contract Specialist Derek H Celedon, derek.celedon@va.gov VA Central California Health Care System 855 M Street, Suite 1020 Fresno CA 93721

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

3. INVOICES: Invoices shall be submitted in arrears:

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

Invoicing: All invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

VA’s Electronic Invoice Presentment and Payment System – The FSC uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission. Please go to this website: http://www.tungsten-network.com/US/en/veterans-affairs/ to begin submitting electronic invoices, free of charge.

More information on the VA Financial Services Center is available at http://www.fsc.va.gov/einvoice.asp.

Vendor e-Invoice Set-Up Information:

Please contact Tungsten at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center for payment processing, free of charge. If you have question about the e-invoicing program or Tungsten, please contact the FSC at the phone number or email address listed below:

· Tungsten e-Invoice Setup Information: 1-877-489-6135

· Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com

· FSC e-Invoice Contact Information: 1-877-353-9791

· FSC e-invoice email: vafsccshd@va.gov

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Mather - Ergonomic Evaluations and Training Contract Period: Base POP Begin: 03-18-2024 POP End: 03-17-2025 PRINCIPAL NAICS CODE: 621340 - Offices of Physical, Occupational and Speech Therapists, and Audiologists PRODUCT/SERVICE CODE: Q403 - Medical - Evaluation/Screening

McClellan - Ergonomic Evaluations and Training

POP Begin: 03-18-2024 POP End: 03-17-2025 PRINCIPAL NAICS CODE: 621340 - Offices of Physical, Occupational and Speech Therapists, and Audiologists

Martinez - Ergonomic Evaluations and Training

POP Begin: 03-18-2024 POP End: 03-17-2025 PRINCIPAL NAICS CODE: 621340 - Offices of Physical, Occupational and Speech Therapists, and Audiologists

Mare Island - Ergonomic Evaluations and Training

POP Begin: 03-18-2024 POP End: 03-17-2025 PRINCIPAL NAICS CODE: 621340 - Offices of Physical, Occupational and Speech Therapists, and Audiologists

Fairfield - Ergonomic Evaluations and Training

POP Begin: 03-18-2024 POP End: 03-17-2025 PRINCIPAL NAICS CODE: 621340 - Offices of Physical, Occupational and Speech Therapists, and Audiologists

Auburn - Ergonomic Evaluations and Training

POP Begin: 03-18-2024 POP End: 03-17-2025 PRINCIPAL NAICS CODE: 621340 - Offices of Physical, Occupational and Speech Therapists, and Audiologists

Yuba City - Ergonomic Evaluations and Training

POP Begin: 03-18-2024 POP End: 03-17-2025 PRINCIPAL NAICS CODE: 621340 - Offices of Physical, Occupational and Speech Therapists, and Audiologists

Chico - Ergonomic Evaluations and Training

POP Begin: 03-18-2024 POP End: 03-17-2025 PRINCIPAL NAICS CODE: 621340 - Offices of Physical, Occupational and Speech Therapists, and Audiologists

Redding - Ergonomic Evaluations and Training

POP Begin: 03-18-2024 POP End: 03-17-2025 PRINCIPAL NAICS CODE: 621340 - Offices of Physical, Occupational and Speech Therapists, and Audiologists

Stockton - Ergonomic Evaluations and Training

POP Begin: 03-18-2024 POP End: 03-17-2025 PRINCIPAL NAICS CODE: 621340 - Offices of Physical, Occupational and Speech Therapists, and Audiologists

Sonora - Ergonomic Evaluations and Training

POP Begin: 03-18-2024 POP End: 03-17-2025 PRINCIPAL NAICS CODE: 621340 - Offices of Physical, Occupational and Speech Therapists, and Audiologists

Modesto - Ergonomic Evaluations and Training

POP Begin: 03-18-2024 POP End: 03-17-2025 PRINCIPAL NAICS CODE: 621340 - Offices of Physical, Occupational and Speech Therapists, and Audiologists

Mather - Ergonomic Evaluations and Training Contract Period: Option 1 POP Begin: 03-18-2025 POP End: 03-17-2026 PRINCIPAL NAICS CODE: 621340 - Offices of Physical, Occupational and Speech Therapists, and Audiologists

McClellan - Ergonomic Evaluations and Training

POP Begin: 03-18-2025 POP End: 03-17-2026 PRINCIPAL NAICS CODE: 621340 - Offices of Physical, Occupational and Speech Therapists, and Audiologists

Martinez - Ergonomic Evaluations and Training

POP Begin: 03-18-2025 POP End: 03-17-2026 PRINCIPAL NAICS CODE: 621340 - Offices of Physical, Occupational and Speech Therapists, and Audiologists

Mare Island - Ergonomic Evaluations and Training

POP Begin: 03-18-2025 POP End: 03-17-2026 PRINCIPAL NAICS CODE: 621340 - Offices of Physical, Occupational and Speech Therapists, and Audiologists

Fairfield - Ergonomic Evaluations and Training

POP Begin: 03-18-2025 POP End: 03-17-2026 PRINCIPAL NAICS CODE: 621340 - Offices of Physical, Occupational and Speech Therapists, and Audiologists

Auburn - Ergonomic Evaluations and Training

POP Begin: 03-18-2025 POP End: 03-17-2026 PRINCIPAL NAICS CODE: 621340 - Offices of Physical, Occupational and Speech Therapists, and Audiologists

Yuba City - Ergonomic Evaluations and Training

POP Begin: 03-18-2025 POP End: 03-17-2026 PRINCIPAL NAICS CODE: 621340 - Offices of Physical, Occupational and Speech Therapists, and Audiologists

Chico - Ergonomic Evaluations and Training

POP Begin: 03-18-2025 POP End: 03-17-2026 PRINCIPAL NAICS CODE: 621340 - Offices of Physical, Occupational and Speech Therapists, and Audiologists

Redding - Ergonomic Evaluations and Training

POP Begin: 03-18-2025 POP End: 03-17-2026 PRINCIPAL NAICS CODE: 621340 - Offices of Physical, Occupational and Speech Therapists, and Audiologists

Stockton - Ergonomic Evaluations and Training

POP Begin: 03-18-2025 POP End: 03-17-2026 PRINCIPAL NAICS CODE: 621340 - Offices of Physical, Occupational and Speech Therapists, and Audiologists

Sonora - Ergonomic Evaluations and Training

POP Begin: 03-18-2025 POP End: 03-17-2026 PRINCIPAL NAICS CODE: 621340 - Offices of Physical, Occupational and Speech Therapists, and Audiologists

Modesto - Ergonomic Evaluations and Training

POP Begin: 03-18-2025 POP End: 03-17-2026 PRINCIPAL NAICS CODE: 621340 - Offices of Physical, Occupational and Speech Therapists, and Audiologists

B.3 STATEMENT OF WORK

VA Northern California Health Care System (VANCHCS) Ergonomic Evaluations and Training

A. GENERAL INFORMATION:

A.1. Title of Project: Ergonomic Evaluations and Training

A.2. Overview:

The Contractor shall furnish all labor, supervision, materials, supplies, equipment, transportation, and resources necessary to provide Ergonomic Evaluations and training for employees within the Department of Veterans Affairs – Northern California Region (VANCHCS). This will be accomplished with multiple visits to the VANCHCS sites for a base plus one option year.

The services will be rendered at (12) VANCHCS sites: 1 Medical Center, and 11 Outpatient Clinics (OPC).

A.2.1 Addresses of the sites are:

1. Sacramento Medical Center 10535 Hospital Way Mather, CA 95655

2. McClellan OPC 5342 Dudley Blvd McClellan, CA 95652

3. Martinez OPC 150 Muir Road, Martinez, CA 94553

4. Fairfield OPC 103 Bodin Circle, Bldg 778 Travis AFB, CA 94535

5. Mare Island OPC 201 Walnut Ave Vallejo, CA 94592

6. Chico OPC 280 Cohasset Road Chico, CA 95926

7. Redding OPC 3455 Knighton Rd.

Redding, CA 96002

8. Yuba City OPC 425 Plumas Street, Yuba City, CA 95991

9. Sierra Foothills OPC 11985 Heritage Oak Place Auburn, CA 95603

10. Stockton OPC 7777 South Freedom Rd French Camp, CA 95231

11. Sonora OPC 13663 Mono Way Sonora, CA 95370

12. Modesto OPC 1225 Oakdale Road Modesto, CA 95355

A.3 Contract Award Meeting: The contractor shall not commence performance on the tasks in this SOW until the Contracting Officer or designee has conducted a kick-off meeting at the Mather site or has advised the contractor that a kick-off meeting is waived. Travel costs for any meetings and initial visits to the sites will be at the contractor’s expense.

B. SCOPE OF WORK:

B.1 Purpose: The purpose of this contract is to provide Ergonomic Evaluations and training services for each of the listed VANCHCS facilities. The contractor shall visit the VANCHCS sites and perform evaluations of individual workstations and training services in accordance with State, Federal, VHA directives and NCHCS policies. The period of performance is for one year with one option year for renewal. It is estimated that there will be a minimum of 310 assessments per year. All recommended ergonomic equipment must meet quality standards, be listed on the GSA Catalog, and meet all required government purchase agreements. Prior authorization is required from the Contracting Officer (CO) or Designee before any work is to be initiated under this contract.

B.2. Schedule/Work Hours: Contractor will need to schedule travel to the listed facilities throughout the year. The Contractor must be able to respond to Ergonomic Evaluations and training requests at any of the sites within 4 weeks of when orders are received. No work shall take place on Federal holidays, weekends, or outside of normal business hours, Monday to Friday and 8:00AM – 4:30PM, unless specified by the COR. The Contractor will travel to either the Mather site or the Martinez once a month to meet with the COR and review upcoming requirements and performance issues. The Contractor’s cost for these meetings will be incorporated into the overall bid pricing.

B.3. Site Point-Of-Contact (POC): The COR will provide a monthly roster of employees requesting an Ergonomic Assessment by site and service upon award of the contract.

B.4. Site Visits: Work is based on the number of site visits and the number of employees receiving an Ergonomic Workstation Evaluation. A site visit will last until all the scheduled employees have received their ergonomic workstation assessment, or when released by the COR. The Contractor will be expected to perform group Ergonomic Evaluations and training by site to prevent repeat of monthly site visits and minimize travel expenses. Site visits will be scheduled by the contractor in coordination with the COR for each of the sites listed. A list of employees to receive ergonomic assessments and training shall be supplied to the Contractor by the COR upon award of the contract. The contractor shall coordinate dates and times with the COR to perform monthly ergonomic evaluations. The contractor may also be tasked to contact the employee and their supervisor to schedule dates and times. The contractor must take into consideration that some site visits may need to occur outside of normal business hours in order capture the different shifts that may be utilized at the sites. There is no guarantee that the Contractor will be sent to all the sites and to perform ergonomic evaluations of all the affected employees.

B.4.1. Estimated number of site visits and VA staff for each facility is as follows:

Site Visit

Site Visit Total Cost per Site

*Note- The number of employees requesting ergonomic evaluations may increase.

C. CONTRACTOR PERSONNEL

C.1 Contractor Qualifications: Contractor shall demonstrate that they have at least 5 years of experience as an industrial safety or hygiene specialist, industrial ergonomist or human factors work demonstrating professional or technical experience in identifying, evaluating, and controlling ergonomic hazards in workplaces, and developing, evaluating, and implementing occupational ergonomic programs. A master’s degree in Ergonomics or a closely related field with specialization in ergonomics or human factors, including anatomy, biomechanics, industrial engineering, kinesiology, medicine, occupational health, physical anthropology, physical education, physiology, or systems engineering may be substituted for up to two years of the required experience providing this type of service. The ergonomic contractor will require certification by a nationally recognized ergonomics, human factors, or occupational safety and health board. References from at least 5 other clients shall be provided. Each reference will include company name, address, contact name and telephone number and a brief description of services and length of service. The contract manager and technician supervisor must also demonstrate at least 5 years of applicable experience. Resumes shall be provided with the proposal. Any changes to personnel after award of the contract must be approved by the COR. Due to the need to be able to respond promptly for site visits and meetings with the COR, the contractor should be located within 200 miles of Mather, California.

C.1.a Any sub-contractor included in the quote shall be approved at the discretion of the Contracting Officer and the COR. They are subject to the same qualification requirements. Any change to a sub-contractor or its personnel must be approved by the COR.

C.2. Technician Qualifications: Contractor shall provide highly qualified trained staff to conduct ergonomic workplace evaluations and provide a written report of findings, actions taken, and recommendations. The staff must be competent and have the training and experience necessary to conduct workplace ergonomic evaluation protocol in compliance with current state, federal regulations, and VHA Directives/Policies. The technician must have the ability and capacity to perform at least 1 ergonomic assessment per hour. A resume of each technician that demonstrates their training, specific ergonomic assessment ability, years of experience, and the number of workplace ergonomic assessments per hour they can perform shall be provided with the quote. Any changes to personnel after award of the contract must be approved by the COR.

C.2.1 Contractor personnel shall present a neat appearance and be easily recognized as the contractor’s employees. This may be accomplished by wearing distinctive clothing bearing the name of the company or by wearing appropriate badges that display the company’s name. All personnel must have the ability to communicate by cellular telephone with the COR.

C.3 Requirements: Contractor services provided shall be in compliance with Federal State and VHA directives and policies. Contractor shall include the following services:

C.3.1 Contractor shall provide concise one on one evaluations for each person. The evaluation will identify specific problem areas involving how an employee interacts with the workspace, computers, tools, and furniture that could potentially result in musculoskeletal disorders. Workstation seating, lighting, and glare, computer monitors, keyboards, work surfaces, and work practices are all evaluated. Adjustments of equipment and furniture should be made immediately during the evaluation process. Minor workstation adjustments that are necessary are made during the evaluation whenever possible.

C.3.2 Some jobs do not involve the employee sitting at a fixed computer workstation to perform their daily tasks. This does not, however, eliminate the possibility of a repetitive motion injury. Warehouse operations, maintenance personnel, and housekeeping staff are some types of similar exposure groups that may require ergonomic analysis of individual and groups of job tasks. These ergonomic assessments will need to be conducted on a case-by-case basis to properly assess ergonomic risks.

C.3.3 Contractor shall provide one- on – one consultation and training to the employee on proper posture, ergonomic best practices, and ergonomic risk factors including tips, exercises, and behavior modifications to prevent and / or reduce further injury or reduce pain. Following each training, the contractor will be available to aid individual staff with set up and adjustments to their own workstations.

C.3.4 Contractor will provide all supplies and equipment to conduct the ergonomic assessment that have been approved by the COR.

C.3.5 Contractor shall communicate with Contracting Officer’s Representative (COR) at least monthly by phone or email to discuss progress, performance, and improvement possibilities

D. SPECIFIC MANDATORY TASKS AND ASSOCIATED DELIVERABLES

D.1 Description of Tasks and Associated Deliverables: The contractor shall provide the specific deliverables described below within the performance period stated in Section B.4 of this SOW. If for any reason any deliverable cannot be delivered within the scheduled time frame, the contractor is required to explain why in writing to the Contracting Officer, including a firm commitment of when the work shall be completed. This notice to the Contracting Officer shall cite the reasons for the delay, and the impact on the overall project. The Contracting Officer will then review the facts and issue a response in accordance with applicable regulations.

D.1.1 Task One: Contractor shall conduct Ergonomic Workstations evaluations and ergonomic training for each of the sites listed in section B.4.1 of this document. This shall include enough dates and times to provide training and Ergonomic Workstation evaluations for all personnel identified. The list of employees shall be provided to the Contractor by the COR taking into consideration shift work at some of the sites.

D.1.2 Deliverable One: Contractor shall provide the Ergonomic written reports in unrestricted Microsoft Word Format for each person evaluated. The Written reports must include:

· Date of the evaluation, name of individual being evaluated, site location building, and room number where the evaluation took place.

· Information on observations and discussions with the person being evaluated, including if any, metrics, risk factors, pain, and discomfort levels.

· Findings and recommendations including adjustments and suggestions for improving efficiency, safety, and work habit corrections.

· Recommend cost -effective ergonomic products equivalent in quality and price to those found in the GSA catalog. All recommended ergonomic equipment must meet quality standards equal or equivalent to the ergonomic equipment listed on the GSA data base and meet all required government purchase agreements.

· Description and photograph of current workstation pre and post assessment configuration.

D.1.3 Deliverable Two: Contractor shall submit a monthly invoice listing each individual evaluated, date, and the site visited as separate line items.

E. EVALUATED OPTIONAL TASKS AND ASSOCIATED DELIVERABLES

Contractor shall provide an email to the COR and/or VANCHCS Industrial Hygienist / Ergonomic Program Manager at least monthly to update progress of workplace ergonomic assessments.

F. SCHEDULE FOR DELIVERABLES

If for any reason any deliverable cannot be delivered within the scheduled time frame, the contractor is required to explain why in writing to the Contracting Officer, including a firm commitment of when the work shall be completed. This notice to the Contracting Officer shall cite the reasons for the delay, and the impact on the overall project. The Contracting Officer will then review the facts and issue a response in accordance with applicable regulations.

G. CHANGES TO STATEMENT OF WORK

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

H. REPORTING REQUIREMENTS

The contractor shall provide the COR a monthly progress report that summarizes the site visit locations, dates, number of employees per site visit, problems and any opportunities for improvement. The report can be an email to the COR.

I. TRAVEL

Travel may be needed for the contract kick-off and closing meetings. All travel expenses for these meetings and for the site visits are included and are not separate line items and are the contractor’s expense.

J. TIME AND DURATION

J.1 The contract shall be re-evaluated annually. Contractor will work closely with the COR and/or VANCHCS Industrial Hygienist Ergonomic Program Manager in developing a schedule for all employees requiring ergonomic evaluations. Contractor will work closely coordinating with the COR and/or VANCHCS Industrial Hygienist to ensure that the schedule is dynamic enough to optimize results.

J.2 Contractor shall provide:

J.2.1 Ergonomic assessments at flexible times to accommodate all three working shifts at Mather and Martinez sites.

J.2.2 Contractor will need to travel to each facility as stated in section A.2.1.

J.2.3 In-Service (suitcase) ergonomic training and assessment to each department's location so that employees do not have to leave their work areas.

J.2.4 Perform up to 1 ergonomic and training per hour for staff at all sites listed in section B.4.1-this includes documentation and administrative tasks.

K SAFETY

K.1 All services shall be conducted in a manner, which are safe for employees and all occupants on the facility premises.

L. PERIOD OF PERFORMANCE

Juneteenth

Any other day designated by the President of the United States as a Federal Holiday. When a holiday falls on a Sunday, the following Monday will be observed as the legal holiday. When a holiday falls on a Saturday, the preceding Friday is observed as the legal holiday.

M QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

M.1 The Government will monitor the contractor’s performance using a QASP. The Contracting Officer’s Representative (COR) and the Contractor will coordinate and agree upon a QASP inspection plan within 30 days after the contract effective date.

N FEE SCHEDULE

N.1 Contractor shall only invoice for ergonomic evaluations at site visits. Not hourly based.

O. GOVERNMENT RESPONSIBILITIES

O.1 Provide names of employees to receive ergonomic assessments, sorted by location, supervisor, and shift.

O.2. Provide Contractor with employee point of contact information.

P CONFIDENTIALITY AND NONDISCLOSURE

P.1 It is agreed that:

P.1.1 The preliminary and final deliverables and all associated working papers, and other material deemed relevant by VA which has been generated by the contractor in the performance of this purchase order are the exclusive property of the U.S. Government and shall be submitted to the Contracting Officer at the conclusion of the purchase order.

P.1.2 The Contracting Officer will be the sole authorized official to release verbally or in writing, any data, deliverables, or any other written or printed materials pertaining to this purchase order. No information shall be released by the contractor. Any request for information relating to this purchase order presented to the contractor shall be submitted to the Contracting Officer for response.

P.1.3 Press releases, marketing material or any other printed or electronic documentation related to this project, shall not be publicized without the written approval of the Contracting Officer.

Attachment A Schedule of Deliverables

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 purchase 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.