S02_RFQ - SAM.docx

36C24523Q0626

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

06-13-2023 George Sherrin | George.sherrin@va.gov

07-14-2023 16:00

EDT

George Sherrin, Contracting Officer Affairs Cambridge VA Outpatient Clinic VISN 5 Contract Satellite Office 830 Chesapeake Drive Cambridge, MD 21613

X

624229 $16.5 Million

N/A

Department of Veterans Affairs

VAMC (688)

Washington DC VA Medical Center 50 Irving Street, NW Washington, DC 20422

George Sherrin, Contracting Officer Cambridge VA Outpatient Clinic VISN 5 Contract Satellite Office 830 Chesapeake Drive Cambridge, MD 21613

PAYMENT WILL BE MADE BY

FSC e-Invoice Payment Invoice must be submitted electronically http://www.fsc.va.gov/einvoice.asp

See CONTINUATION Page

The Washington DC VAMC has the need for community based transitional residential care, treatment and rehabilitative services for Veterans with severe mental illness (SMI) who are homeless or at the risk of becoming homeless.

The awarded indefinite delivery, indefinite quantity (IDIQ) contract period of performance will be an initial base year with period of performance 9/1/2023 – 8/31/2024 plus four additional option years exercisable at the Government’s sole discretion.

Contractor is responsible for correct wage, title and compliance with all applicable wage and hour laws.

*** This requirement is being solicited as unrestricted ***

Questions are due by 4PM ET on 6/27/2023.

See CONTINUATION Page one

George L. Sherrin

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:

Business Name

Address

City/State/Zip Code

Unique Entity ID (SAM UEI#)

Point of Contact

Email Address

Telephone Number

Fax Number

b. GOVERNMENT: George L. Sherrin, Contracting Officer 36C245 Department of Veterans Affairs Cambridge VA Outpatient Clinic VISN 5 Contract Satellite Office 830 Chesapeake Drive Cambridge, MD 21613

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.

Payments will be made by FSC e-Invoice Payment:

Invoice must be submitted electronically http://www.fsc.va.gov/einvoice.asp Invoice Setup Information 1-877-489-6135

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

B.2 PRICE/COST SCHEDULE

The contractor shall provide community based transitional care, treatment and rehabilitative services to Veterans who are homeless or at the risk of becoming homeless. The contractor shall provide a safe, temporary residential shelter, which will include beds, restrooms, bath, kitchen facilities, related furnishings, and social rehabilitation services as described in the Performance Work Statement.

The awarded contract will be an indefinite delivery, indefinite quantity (IDIQ) contract. The Government is not obligated to any specific quantity, but shall be obligated to provide payments for all services provided in accordance with this solicitation. The guaranteed minimum number of beds, including the base and any option years exercised is one (1), and the maximum number of beds for each year the contract is in effect shall not exceed twelve (12) at any given time. This maximum is not a guarantee.

Vendor will quote an all-inclusive per diem rate in the tables below based on the estimated quantities of 4,392 (12 veterans x 366 days – due to leap year) for the Base Year and quantities of 4,380 (12 veterans x 365 days) for Option Years 1-4. Please note these quantities are for bidding purposes only and is not a guarantee.

OFFERORS SHALL INCLUDE IN THE PROPOSAL THE MAXIMUM NUMBER OF BEDS THAT SHALL BE PROVIDED TO THE VAMC Description of Services

The Washington DC VA Medical Center is seeking Contractors to assist with Community Based Transitional Housing services for Veterans diagnosed with SMI, in accordance with the Performance Work Statement.

NAICS: 624229 – Other Community Housing Services PSC: G004 – Social Rehabilitation

Base Year: 09/01/2023 - 8/31/2024

366 x 12 beds Amount

max

Total base year

Option Year 1: 09/01/2024 - 8/31/2025

365 x 12 beds Amount

Max

Total option year 1

Option Year 2: 09/01/2025 – 8/31/2026

365 x 12 beds Amount

Max

Total option year 2

Option Year 3: 09/01/2026 - 8/31/2027

365 x 12 beds Amount

Max

Total option year 3

Option Year 4: 09/01/2027 – 8/31/2028

365 x 12 beds Amount

Max

Total option year 4

B.3 PERFORMANCE WORK STATEMENT

Objective

The Contractor shall provide to the Department of Veterans Affairs (VA) community based transitional residential care, treatment and rehabilitative services to Veterans with severe mental illness (SMI) who are homeless or at risk of becoming homeless, in accordance with all terms, conditions, provisions and requirements listed herein. The period of performance for these services shall be for one base year, from 9/1/2023 – 8/31/2024, with four (4) one-year options for renewal. The option periods shall be subject to the availability of funds and shall be exercised at the VA’s discretion.

Background

The Department of Veteran Affairs, and the Washington, DC VAMC, have had a goal of ending homelessness among Veterans for over two decades. Although the number of homeless Veterans has significantly decreased, the VA continues to strive for the goal of Functional Zero. Community Continuum of Care involvement and other private partnerships have been very instrumental in the progress toward this goal. Through the Coordinated Entry process the most vulnerable veterans have been identified, assessed and matched to permanent housing resources. Although this process often works seamlessly, finding and gathering the appropriate documents for housing is often challenging for a veteran without stable housing. The ability for veterans to access a resource of a safe and stable, short term clinical/treatment transitional beds for veterans has been very helpful in addressing the needs of homeless veterans. Our goal is to reach and maintain “Functional Zero” defined as fewer veterans are experiencing homelessness than can be routinely housed in a month. Based on prior success that has been seen with the use of Transitional Housing beds for veterans diagnosed with SMI, the DC-VAMC is seeking Contractor(s) to provide Transitional placement options for homeless Veterans diagnosed with SMI .

The Health Care for Homeless Veterans (HCHV) Contracted Transitional Housing with supportive services for Veterans diagnosed with SMI is an opportunity to provide stabilization and reduce homelessness among this Veteran population.

Description/Specifications/Work Statement

DC-VAMC is seeking Contractors to assist with Community Based Transitional Housing services for homeless Veterans diagnosed with SMI. Many of these Veterans have multiple conditions that make it hard for them to succeed in shelters or traditional transitional housing programs. These conditions include, but are not limited to serious mental illness, co-occurring disorders and other serious medical conditions, SMI being the leading diagnosis. DC-VAMC intends to utilize the services of the Contractor to provide transitional placement to homeless Veterans referred directly by the VA Medical Center or indirectly through community partners.

1. The Contractor shall furnish services to the beneficiaries for whom such care is specifically authorized by the VA. It is understood that the type of Veteran to be cared for under this contract will require care and treatment services over and above the level of room and board.

2. The Contractor shall furnish each Veteran authorized care under this contract with the following basic services:

a. Room and board.

b. Laundry facilities for residents to do their own laundry.

c. Therapeutic and Rehabilitative Services determined to be needed by the individual resident in a plan developed by the Contractor with consultation from the Veteran and the VA HCHV staff and/or other appropriate VA staff.

3. Services which the contractor must be able to furnish or ensure the Veterans has access to, but are not limited to, include:

a. Structured group activities as appropriate – examples: group therapy, social skills training, Alcoholics Anonymous, Narcotics Anonymous, vocational counseling and physical activities as appropriate.

b. Collaboration with the HCHV staff who provides supportive services with admission and discharge from the program.

c. Individual professional counseling, including counseling on self-care skills, adaptive coping skills and as appropriate, vocational rehabilitation counseling.

d. Assistance to develop responsible living patterns and to achieve a more adaptive level of psychological functioning, upgraded social skills, and improved personal relationships.

e. Support for an alcohol/drug abuse-free lifestyle.

f. Assistance to gain knowledge of the recovery process.

4. The Contractor shall provide a locked and secured area for medications, given several Veterans served under this contract will be taking medications. This location shall only be accessible by the contractor staff. It is recognized that Veterans will take their own medications, but they shall be supervised by contractor staff while obtaining and consuming their daily medications.

5. The Contractor’s per diem rate established by this contract shall include the services listed in this document and include all services and supplies normally provided residents by the facility without extra charge.

6. The Contractor shall employ trained professional staff and other personnel to carry out the policies and procedures of the program. There shall be at a minimum, one employee on duty and on the premises at all times to provide the outlined supportive services. Additionally, a designated licensed clinician/social worker, available for emergencies 24 hours a day, 7 days a week. This licensed clinician/social worker shall be specifically assigned to the contract and be the point of contact for the HCHV staff.

7. The Contractor shall make available all operating and clinical files and other documentation required for the VA to conduct announced and unannounced inspections. This includes, but is not limited to, utilization review, inspection to ensure confidentiality of veteran records, inspection to ensure accuracy of financial records and clinical records and audits for the mandated national evaluation study as required by section 2 of Public Law 100-6; to verify quality of care for Veterans.

8. The Contractor shall collaborate with the Veteran and HCHV staff to conduct treatment and discharge planning which reflects a team assessment of health, social and vocational needs and the involvement of Veteran and the veteran’s family if appropriate as well as appropriate community resources in resolving problems and setting goals.

9. The Contractor shall provide means of transportation to and from the DC-VAMC facilities for scheduled appointments or services. The Contractor shall arrange transportation for Veterans to get to the facility for interview and admission to contracted beds once the Veteran is medically cleared by the VA. It is recommended that services be provided no more than 50 miles from the VA. Transportation shall be available 24 hours a day 7 days a week for admission to facility.

10. The Contractor shall comply with the VA Veteran's Bill of Rights as set forth in section 17.34a, title 38, Code of Federal Regulations.

11. The Contractor shall assist in preparing monthly progress reports, maintaining records and databases to track referrals, acceptances, denials, discharges, and follow-up post discharge.

12. The Contractor shall provide monthly invoices in a timely manner, no later than the fifth day of the month, in order to receive timely compensation for the services identified in the contract.

Inspection and Acceptance

1. The VA has the right to inspect the SMI Transitional facility and all appurtenances by authorized VA representatives at any time.

2. Prior to award of a contract, a multidisciplinary VA team consisting of a social worker, nurse, dietician, Security officer, and an Engineering Safety officer will conduct a survey of the SMI Transitional facility to ensure the facility meets the VA standard for patient safety. Federal Life Safety Code must be met prior to the placement of Veterans.

3. The Engineering Safety Officer will inspect the facility for conformity to the current Life Safety Code and submit the findings to the chairperson of the team. The other members of the team will focus on the assessment of the quality of life within the facility, giving particular attention to the following indicators:

· General observation of residents indicates that they maintain an acceptable level of personal hygiene and grooming.

· The facility meets applicable fire, safety and sanitation standards, in attractive surroundings conducive to social interaction and the fullest development of the resident's rehabilitative potential.

· The facility shall be in a central location, near public transportation and near areas which provide employment.

· Appropriate organized activity programs during waking hours (including evenings) reflecting a high level of activity in the facility or in the linked facilities. For example, individual professional counseling, physical activities, and assistance with health and personal hygiene.

· There is evidence of facility-community interaction. This may be demonstrated by the nature of scheduled activities, or by information about resident flow out of the facility, e.g., community activities, volunteers, local consumer services, etc.

· Staff behavior and interaction with residents displays an attitude of genuine concern and caring.

· There is evidence that nutritionally adequate meals are provided in a setting which encourages social interaction.

4. If deficiencies are noted during any inspection, the facility will be given a reasonable time up to 30 days to take corrective action and notify the Contracting Officer Representative the corrections have been made. A contract will not be awarded until noted deficiencies have been corrected.

5. The VA multidisciplinary team will monitor the Contractor's program and inspect the Contractor's facility annually and upon each visit to ensure compliance with this agreement. Any unsatisfactory conditions noted during an inspection of contract facility will be reported in writing to the VA Contracting Officer Representative who will notify the Contracting Officer. If corrections are not made to the satisfaction of the VA multidisciplinary team, the Contracting Officer will consult with the appropriate officials so that suitable arrangements can be made to discharge or transfer Veterans and terminate the contract.

Special Contract Requirements

1. The Contractor shall notify the authorizing VA staff immediately when a medical emergency occurs that requires hospitalization of any Veteran receiving care at VA expense. If hospitalization of a non-emergency nature is required, it is agreed that admission to a VA hospital shall be accomplished consistent with VA eligibility criteria, as determined by Medical Administration Service.

2. In the event of a Veteran participating in the SMI Transitional Housing placement care under this contract dies, the contracted facility shall promptly notify the VA staff authorizing admission and immediately assemble, inventory, and safeguard the Veteran's personal effects. The funds, deposits, and effects left by the Veterans upon the premises of the contracted facility shall be delivered by the facility to the person or persons entitled thereto under the laws currently governing the contracted facility for making disposition of funds and effects left by Veterans, unless the beneficiary died without leaving a will, heirs, or next of kin capable of inheriting. When disposition has been made, the itemized inventory with a notification as to the disposition of the funds and effects will be immediately forwarded to the VA office. Should a deceased Veteran leave no will, heirs, or next of kin, his or her personal property and funds wherever located vests in; becomes the property of the United States in trust. In these cases, the contracted facility shall forward an inventory of any such property and funds in its possession to the appropriate VA office and will hold them (except articles of clothing necessary for a proper burial) under safeguard until instructions are received from the VA concerning disposition.

3. Absences of the Veteran from the contracted facility more than 72-hours will not be reimbursable except with the prior approval of the COR and or the assigned Liaison. Should a Veteran referred to a contracted facility absent him/herself in an unauthorized manner, payment for services for that Veteran to the contract facility would be continued for a maximum of three (3) days provided there is an active outreach attempt on the part of the contract facility staff to reengage the Veteran to return the contracted program. Management of program dropout, captured through the negative exit measure, will be an element of the Quality Assurance Surveillance Plan of this program.

4. Subsequent inspections of the contracted facility must be made yearly by a multidisciplinary team necessary to assure the facility provides quality care in a safe environment. As site visits are accomplished by VA program staff personnel, attention will be directed to the adequacy of Veterans' records. Site visits will include a random check of records to ensure contractor invoices accurately reflect Veteran's length of stay.

5. The Contractor shall maintain an individual clinical record on each Veteran placed under this contract. The Contractor shall comply with the requirements of the "Confidentiality of Certain Medical Records" (38 USC 4132), and the "Confidentiality of Alcohol and Drug Abuse Veterans Records" (42 CFR, Part II) when appropriate. All case records shall be maintained with the security and confidentiality as required and shall be made available on a need-to-know basis to appropriate VA staff members involved with the treatment program of the Veteran concerned. In addition to reasons for referral, the clinical record maintained by the contract facility shall include:

a. All essential identifying data relevant to the Veteran and his/her family, including a psycho-social assessment.

b. Data relating to the Veteran’s admission, to include the targeted goals for the constructive changes which are to be attained during the residential rehabilitation episode, and the anticipated length of stay, (60 days to six months). Each month an admission log shall be completed by the contract facility for submission to the authorized VA staff.

c. Copies of any medical prescriptions issued by physicians, including orders, if any, for medications to be taken.

d. Monthly reports of periodic reevaluation by program staff, to include any measures of movement toward stabilization goals, with particular focus on the attainment of self-help skills.

e. Discharge summaries on each Veteran who leaves the program, to include a description of beneficial changes realized during the residential period, reasons for leaving, the Veteran's future plans, and follow-up locator information. Veteran discharge shall only occur during VA business hours of Monday through Friday, 8:00AM to 4:30PM, except for medical or security reasons.

f. Upon discharge or death of the Veteran, medical records on all VA beneficiaries shall be retained by the contracted facility for a period of three (3) years following termination of care.

Instructions, Conditions, and Notices

1. Recruiting for this program shall be the responsibility of both HCHV staff and Contractor, however, only HCHV staff can authorize admission of a Veteran to the SMI Transitional Housing Program. All Veterans will be homeless or at imminent risk of homelessness.

2. Before referring or authorization of admission of any Veteran, the VA will provide the Veteran with a clinical assessment, with a physical exam and laboratory studies, as appropriate.

3. All Veterans will be capable of self-preservation, and in an emergency, will have sufficient capacity to recognize physical danger, sufficient judgment to recognize when such danger requires immediate egress from the group residence, and sufficient capacity to follow a prescribed route of egress, and sufficient physical mobility to accomplish such egress.

4. VA will authorize up to a maximum of six months of care depending upon the needs of the Veteran as determined by the Veteran, the HCHV staff and the contracted facility staff. It is the goal of this program and the contractor’s responsibility to ensure that permanent housing is secured for the Veteran prior to the end of the maximum allowed time.

5. The Contractor shall identify a Project/Program Manager who will be responsible for all gatekeeping, trouble-shooting and liaison functions. The Clinical Supervisor and case manager shall be responsible for intake and assessment of all referrals, coordination of care, monitoring and discharge planning. The case manager at the facility must complete an initial treatment/transition plan which will be drafted within five (5) days of admission and a more extensive review shall be completed within 14 days that solidifies housing plan upon discharge as well as goals for stabilization and self-sufficiency.

6. The Contractor shall establish a Veterans Consumer Advisory Board within 90 days from the date of operation. The board should meet at least quarterly to assist in planning, implementing, monitoring, and evaluating the program.

7. The Contractor shall process all referrals within five business days of receipt and initial contact made with the Veteran and or the referring case manager/social worker to schedule interview.

8. The Contractor shall conduct an interview and decision made to admit or not to admit Veteran within ten business days of receipt of referral my contractor.

9. Contractor, along with the assistance of the liaison shall .complete ongoing risk assessment, maintain records accurately and timely in the VA HOMES, electronic patient record database system and HUD HMIS system.

10. The Contractor/success of the program shall be evaluated on the following measures for the first year:

· 80% of all Veterans admitted in the program shall complete 30 days.

· 90% of all referrals shall be admitted to the program within 5 days.

· 95% of all Veterans completed the program shall move to better housing.

· 70% of all Veterans will take their medication as prescribed

· 60% of all Veterans with income will establish a bank account and contribute to a savings plan if one isn't already established.

· 60% of all Veterans with outstanding debt will begin to pay it down and build a positive credit record

· 65% of all Veterans will participate in at least one activity outside of the facility.

· Less than 20% of all veterans exiting the program will have a negative discharge.

After the initial year the Government and Contractor shall review the outlined performance measures and adjust as needed. The goal is to develop an evaluation tool that establishes performance measures agreed upon by the VA staff and Contactor from which the continual success of the program will be evaluated.

Extension of Contract Period

One-year extensions not to exceed four (4) renewals may be granted by the Government with the concurrence of the contractor. Notice of an extension must be served in writing by the Government sixty (60) days prior to the scheduled expiration date. The extension is granted subject to the availability of funds.

Payments and Invoices

It is understood that no obligation will be incurred by the VA under this contract until authorizations are issued by the Chief, Mental Health and Behavioral Sciences Service or his/her designee for residential treatment for specific beneficiaries. The VA agrees to make payment on a timely basis for services rendered in accordance with such authorization upon receipt of billings submitted at the completion of each month's services. If a beneficiary is admitted to and discharged on the same calendar day, payment will be made for one (1) day. Invoices shall be submitted to the VA facility authorizing admission of the Veteran for verification, certification, and authorization for payment. Payment will be made by VA Financial Services Center, Austin TX.

B.4 INFORMATION REGARDING CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS) – CONTRACTOR’S RESPONSIBILITY This contract will require reporting by the Veterans Health Administration (VHA) in the Contractor Performance Assessment Reporting System (CPARS); therefore, at the time of award the contractor shall provide to the Contracting Officer a Point-of-Contract (POC) individual who will be responsible for managing reports within CPARS on this contract and will be assigned the role as “contractor representative” (CR) within CPARS.

CPARS is a Federal-agency wide system for the collection of Contractor Past Performance Information (PPI). Reporting PPI through CPARS is being implemented throughout VHA to be in compliance with the requirements of FAR Part 42 for documenting contractor performance assessments and evaluations.

PPI is relevant information for future source selection purposes regarding a contractor’s actions under previously awarded contracts. It includes, for example, the contractor’s record of conforming to contract requirements and to standards of good workmanship; the contractor’s record of forecasting and controlling costs; the contractor’s adherence to contract schedules, including the administrative aspects of performance; the contractor’s history of reasonable and cooperative behavior and commitment to customer satisfaction; the contractor’s record of integrity and business ethics, and, generally, the contractor’s business-like concern for the interest of the customer. Reporting PPI through CPARS facilitates compliance with the requirements of Office of Federal Procurement Policy (OFPP) memorandum, “Improving the Collection and Use of Information about Contractor Performance and Integrity”.

After award, the contractor’s CR will receive an email notification that access to the contract has been given to them. The CR should ensure that their contact information is accurate in CPARS at http://www.cpars.gov. The Contracting Officer/Contracting Officer Representative will evaluate the contractor's performance throughout the life of the contract, generally every 365 days, and at the end of contract performance. The report shall, then, be assigned in CPARS to the contractor's designated CR for comment.

The contractor’s CR will have up to 60 days to submit any comments and then re-assign the report to the VA Contracting Officer/contract specialist acting as the Assessing Official within CPARS. Failure to register and respond within the 60 days will result in the Government's evaluation being placed on file in the database with a statement that the contractor failed to respond. The contractor should note that the government’s evaluation will appear in the Past Performance Information Retrieval System (PPIRS) on day 15 in a pending status if the CR has not commented by day 15. After the CR has either commented or failed to respond within 60 days, the evaluation will become final in PPIRS.

It is the responsibility of the contractor to contact the contracting officer and request a change if, at any time, the contractor wishes to change the person assigned as the contractor representative on this contract.

Training in the use of CPARS is available online at https://www.cpars.gov by clicking on the tab “Training”.

INDIVIDUAL TO BE DESIGNATED AS CONTRACTOR REPRESENTATIVE (CR):

An individual must be designated in writing in order for a proposal to be considered responsive to the requirements of the applicable solicitation.

First and last name:

Internet/Email Address:

B.5 IT CONTRACT SECURITY

NOTE: APPLICABLE SECTIONS 1,2,6,7,8 AND 9.

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.

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.

1. 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 15 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 10 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.