VA798-10-RP-0096.doc

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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

EMERGING SMALL

BUSINESS

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.

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. 3/2005)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

Center Acquisition Innovation Frederick

VA798-10-RP-0096

04-28-2010 James Poe 202-461-0793 05-19-2010 3:00 pm.

Center Acquisition Innovation Frederick Department of Veterans Affairs 7485 New Horizon Way Frederick MD 21703 X 541611 Net 30 N/A X Center Acquisition Innovation Frederick Department of Veterans Affairs 7485 New Horizon Way Frederick MD 21703 Center Acquisition Innovation Frederick Department of Veterans Affairs 7485 New Horizon Way Frederick MD 21703 Center Acquisition Innovation Frederick Department of Veterans Affairs 7485 New Horizon Way Frederick MD 21703 Title of Project: "Program Management and Instructional Support Services" See Section B.10 X

(SF 1449 Continuation Page)

CONTRACTOR INFORMATION

ALL OFFERORS PLEASE NOTE:

This solicitation and all amendments will be posted to the Federal Business Opportunities website: (https://www.fbo.gov). It is the offeror’s sole responsibility to periodically check the web site for amendments and to ensure that all amendments issued prior to the closing date are acknowledged. Additionally, See Section K for information regarding Online certification and representations.

All proposed prices must be submitted for all CLINS stated in Section B, via Attachment J.3, “Program Management and Instructional Support Services Pricing Schedule.” A complete technical proposal, including a past performance proposal and business proposal must be submitted in accordance with Section L.

The Offerors’ proposal for the Request for Proposal (RFP) shall be submitted to the address below by the closing time and date of 3:00 p.m. local time on Wednesday, May 19, 2010.

Department of Veterans Affairs Center for Acquisition Innovation – Frederick Attention: James Poe 7485 New Horizon Way Frederick, MD 21703

It is the Offeror's responsibility to ensure that proposals are delivered by the due date and time required. If any part of the proposal is received past the stated closing date specified in this RFP, the entire proposal will be considered late. No further consideration will be given to any offeror who submits any of the parts late.

Offerors should direct all questions regarding this requirement to the following:

Nancy Pniewski Contract Specialist nancy.pniewski@va.gov

The NAICS code for this requirement is 541611. The Small Business Administration (SBA) size standard for the NAICS code 541611 is $7M.

A Pre-proposal Conference will not be scheduled for this RFP. Questions are welcomed by offerors through Monday, May 10, 2010.

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

SUPPLIES AND SERVICES/ PRICES

SERVICES

B.1. This RFP will result in a single, Indefinite Delivery, Indefinite Quantity (IDIQ) contract award.

B.2. The following activity is the sole authority to issue Task Order (TO).

Department of Veterans Affairs Center for Acquisition Innovation – Frederick 7485 New Horizon Way Frederick, MD 21703

B.3. The Contracting Officer will order services against the contract through issuance of a Task Order (TO) via a SF Form 1449 signed by the CO. The TO will be executed in writing by the Contracting Officer and transmitted either via facsimile or by electronically via e-mail.

B.4 Minimum Value. The minimum value of this contract will be $3,000,000.00 over a 60 month period.

B.5. Maximum Value. All available orders under this contract will not exceed $30,000,000.00.

B.6. The estimated ordering period is for 60 months, beginning with the award of the basic contract and ending after 60 months or until the time the Government has issued TOs totaling the sum of $30,000,000.00.

B.7. Instructions and procedures for TO preparation and award are contained in Section H of this Request for Proposal (RFP).

B.8. Listed below are the Labor Categories that the Government believes will be needed for this requirement. The Government is not however limiting the labor categories to those listed. Should the offeror’s proposal include other labor categories, it is the offeror’s responsibility to make sure that the pricing sheet (Attachment J.3) reflect the correct fully loaded labor rates over a period of five years.

Labor Categories:

Program Manager or Contractor Equivalent

Program Managers or Contractor Equivalent should have, through training, experience, and other development activities: knowledge and skills to manage and evaluate moderate to high-risk programs or projects that require significant knowledge, experience, and ability to manage and evaluate a program. They should be able to create an environment for program success, have the ability to manage and evaluate the requirements development process, overseeing junior level team members in creation, development, and implementation through expert ability to manage and evaluate the use of earned value management as it relates to acquisition investments.

Program Managers or Contractor Equivalent should have program and project management experience on federal projects and/or programs, including managing a program budget, building and presenting a successful business case, reporting program results, strategic planning, and high-level communication with internal and external stakeholders.

Instructor or Contractor Equivalent

Instructor or Contractor Equivalent is a nonsupervisory position that primarily involves instruction, development and evaluation of training materials. This position requires a paramount knowledge, skill, education and training as a Subject Matter Expert in the profession of acquisition, and practical knowledge of adult learning concepts and education. Instructors must have seven (7) plus years of previous as GS-1102 Contracting Specialist/Contracting Officer. The Instructor should demonstrate experience with mentoring/coaching/feedback in a career development program setting.

Management Analyst or Contractor Equivalent

Management Analysts or Contractor Equivalent is a nonsupervisory position, primarily concerned with analyzing, evaluating, and/or improving the efficiency of internal, administrative operations, organizations, or management. Primarily serve as analysts and advisors to management on the evaluation of the effectiveness of programs and operations or the productivity and efficiency of the management. This position requires knowledge of; the objectives; management principles and processes; and the analytical and evaluative methods and techniques for assessing program development or execution and improving organizational effectiveness and efficiency. Positions also require an understanding of basic budgetary and financial management principles and techniques as they relate to long range planning of programs and objectives. The work requires skill in: application of fact finding and investigative techniques; oral and written communications; and development of presentations and reports.

B.10. Provided below is the basic CLIN structure for this requirement.

CLIN

Description Fully Loaded Labor Hour Rate* Program Manager or Contractor Equivalent Period of Performance: 7/1/2010 through 6/30/2011

Program Manager or Contractor Equivalent Period of Performance: 7/1/2011 through 6/30/2012

Program Manager or Contractor Equivalent Period of Performance: 7/1/2012 through 6/30/2013

Program Manager or Contractor Equivalent Period of Performance: 7/1/2013 through 6/30/2014

Program Manager or Contractor Equivalent Period of Performance 7/1/2014 through 6/30/2015

Instructor or Contractor Equivalent Period of Performance: 7/1/2010 through 6/30/2011

Instructor or Contractor Equivalent Period of Performance: 7/1/2011 through 6/30/2012

Instructor or Contractor Equivalent Period of Performance: 7/1/2012 through 6/30/2013

Instructor Contractor Equivalent Period of Performance: 7/1/2013 through 6/30/2014

Instructor or Contractor Equivalent Period of Performance 7/1/2014 through 6/30/2015

Management Analyst or Contractor Equivalent Period of Performance: 7/1/2010 through 6/30/2011

Management Analyst or Contractor Equivalent Period of Performance: 7/1/2011 through 6/30/2012

Management Analyst or Contractor Equivalent Period of Performance: 7/1/2012 through 6/30/2013

Period of Performance: 7/1/2013 through 6/30/2014

Period of Performance: 7/1/2014 through 6/30/2015

Additional Labor Categories

Additional Labor Categories

Additional Labor Categories

Additional Labor Categories

Additional Labor Categories

Travel - TBD

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

1. Background

The VA Acquisition Academy (VAAA) was created to address the growing acquisition workforce challenge facing the Department of Veterans Affairs and the federal government as a whole. Due to all the downsizing of the last decade as well as legacy workforce retirements, the current acquisition workforce have had to strain to keep pace with the increased amount of and complexities associated with outsourced work in support of the VA mission. In addition, oversight of the acquisition function across the entire Federal Government has grown dramatically in recent years. All of this, combined with recent mandates by the Office of Federal Procurement Policy (OFPP), as implemented by the Federal Acquisition Institute (FAI) to meet required certification standards for the acquisition workforce, prompted the VA to take action to build the VAAA.

The VAAA has four schools, The Acquisition Internship School, The Contracting Professional School, The Program Management School and The Acquisition Corps Development School. Through all these schools, the VAAA is committed toward not only meeting OFPP certification mandates, but also toward ensuring that our training curriculum takes a holistic and synergistic approach to:

This acquisition will support the VAAA Acquisition Internship School which was launched in September 2008 and reflects a holistic approach to develop FAI mandated competencies of entry-level acquisition professionals. The current curricula focuses on technical, communication, leadership, business savvy, creative thinking, and interpersonal skills to assure that interns learn an array of skills and obtain requisite acquisition certifications. Program components currently include: formal Federal Acquisition Certification in Contracting (FAC-C) classroom training, leadership development, program management, FAC-C certification electives, learning laboratory (currently called skill-building activities or SBLD) or simulated activities, job rotational assignments in operational contracting offices, mission service work, independent study, and field trips.

2. Objective

The VAAA’s objective is to award a contract to a firm that has extensive program management expertise and knowledge of the federal acquisition process and regulations. The contractor shall also possess the ability to train and develop future acquisition professionals, using adult learning methodologies through a variety of structured, yet flexible, intern programs.

At the start of this contract, the following three intern cohorts (classes) will be training at the VAAA Acquisition Internship School:

The 2008 class (26 interns) - began training in August 2008 and entering their third and final year of the program.

The 2009 class (30 interns) - began training in August 2009 and entering their second year of the program.

The class of 2010 (estimated at 26-34 interns) will begin training in August 2010.

VA’s objective is to hire a new cohort of 26 - 34 interns each year so that approximately 90-100 interns are in the program, at various stages, at any given point in time. The program is currently a three-year program.

The VA may task the contractor to support more than three concurrently running cohorts (classes) or design and manage a variety of innovative intern programs, both in-resident and non-resident, if the need arises.

3. Period of Performance

The Period of Performance for this requirement will be 5 years.

4. Place of Performance

All in-resident training will take place at the VAAA located at 7485 New Horizon Way, Frederick, MD 21703. Some tasks may involve remote learning, in which case the place of performance will be specified with each task order.

5. Government Provided Classroom Equipment

All VAAA classrooms include: student computers, instructor laptop (with CD-ROM/DVD but no USB access) to utilize for classroom instruction, SMARTboards and projector, VTC capability and/or other similar in-classroom technology.

6. Government Responsibilities

The Government will be responsible for providing the following:

All telecommunications and IT equipment associated with the office space for the interns.

All VA approved travel/temporary duty (TDY) costs associated with the interns.

The VAAA Chancellor and Vice Chancellor will be primarily responsible for the development and management of the intern job rotational assignments.

The VAAA Chancellor and Vice Chancellor will be primarily responsible for stakeholder communications, advertising, intern recruitment, and marketing efforts.

The VAAA Chancellor and Vice Chancellor will assume a significant share of the management duties over the Intern program, including direct management of Government personnel working on the program, and establishing and managing the Intern program Governance structure.

7. Travel

If travel outside of the Washington, DC area is deemed necessary, a not-to-exceed amount will be specified with each task order. Travel costs incurred shall be billed in accordance with the guidelines provided by the Federal Travel Regulations (FTR).

8. Potential Tasking

As a five-year IDIQ contract, the VA may task the contractor with a wide variety of Program Management and Instructional Support services. Such services will be specified in each task order issued hereunder and may include, but not be limited to the following:

In-Resident Intern Program

Task Order Proposal Request No. 1(see Attachment J.4 for statement of work and proposal request) will be evaluated as part of the evaluation for the base contract and will be issued at the time of award of basic contract.

The contractor shall deliver a competency based holistic career development program for intern cohorts consisting of between 26-34 interns per cohort (may include VA and other non-civilian agencies). This would include development and delivery of training, non-classroom activities (e.g. mission service program), leadership training, skill-building activities, and overall program management support services. (While this contractor will not be responsible for providing FAC-C Certified CON training, this contractor will be responsible for providing the FAC-C certification electives.) All FAC-C Contracting (CON) training will be provided by a separate contractor.

Non Resident Intern Program

The VAAA Acquisition Internship School has experienced success in its first two years of operation and is attracting attention across the VA and from other civilian agencies. Therefore, the VAAA may be modifying or adding to the existing program framework to accommodate non-resident interns from both the VA and other federal civilian agencies.

Seriously Wounded Intern Feeder Program

To support the VA’s mission of caring for veterans, the VAAA Acquisition Internship School has a vision to develop and implement a formalized training program for seriously wounded veterans to obtain the positive education requirement for entry into the GS-1102 Contracting Series.

Leadership Training/Development

During the contract performance period, the VAAA Acquisition Internship School may have a need for distinct offerings of additional leadership development or elective course offerings. In these cases, separate task orders will be issued for such training, courses and/or developmental activities.

Program Management Support Services

While the program management support services shall be built into the price of each task order; there may be instances where additional support is required. Some examples include, but are not limited to: development and implementation of a change management strategy for intern integration with operational contracting workforce, additional individual development planning process assistance, and development and implementation of a stakeholder engagement strategy to ensure this contract is meeting the mission needs of those stakeholders the VAAA is supporting.

9. Security Requirements

General All Contractors and Contractor personnel shall be subject to the same Federal security and privacy laws, regulations, standards and VA policies as VA, including the Privacy Act, 5 U.S.C. §552a, and VA personnel, regarding information and information system security. Contractors must follow policies and procedures outlined in VA Directive 6500, Information Security Program and its handbooks to ensure appropriate security controls are in place.

The level of background security investigation will be in accordance with VA Directive 0710 dated September 10, 2004 and is available at http://www1.va.gov/vapubs/viewPublication.asp?Pub_ID=85&Ftype=2

Access to VA Information and VA Information Systems VA shall supply the Contractor with the minimum logical (technical) and/or physical access to VA information and VA information systems for employees, subcontractors, and: (1) to perform the services specified in the contract, (2) to perform necessary maintenance functions for electronic storage or transmission media necessary for performance of the contract, and (3) for individuals who first satisfy the same conditions, requirements, and restrictions that comparable VA employees must meet to have access to the same type of VA information.

All Contractors and subcontractors working with VA Sensitive Information are subject to the same investigative requirements as those of regular VA appointees or employees who have access to the same types of information. The level of background security investigation will be in accordance with VA Directive 0710, Handbook 0710, which are available at: http://www1.va.gov/vapubs, and VHA Directive 0710 and Implementation Handbook 0710.01, which are available at: http://www1.va.gov/vhapublications/index.cfm. Contractors are responsible for screening their employees. The following are VA's approved policy exceptions for meeting VA background screenings/investigative requirements for certain types of Contractor personnel:

Contractor personnel not accessing VA information resources, such as personnel hired to maintain the medical facility grounds, construction contracts, utility system contractors, etc.

Contractor personnel with limited and intermittent access to equipment connected to networks on which no VA sensitive information resides Contractor personnel with limited and intermittent access to equipment connected to networks on which limited VA sensitive information resides and with limited and intermittent access to facilities at which they are escorted

Contractor Personnel Security Requirements The Contractor shall provide complete Background Investigation applications, for all Contract Employees, to Department of Veterans Affairs, Security Investigation Center (SIC), promptly and in sufficient time to meet the contract performance or delivery schedule (or: within 10 calendar days after contract award). If a delay in the notification from SIC to the Contractor that a complete application has been received is due to the failure of the Contractor to provide a complete application as soon as practicable (or: within 10 calendar days) after contract award, this delay shall not excuse the Contractor from meeting the contract performance or delivery schedule and may result in termination for cause.

Position Sensitivity The position sensitivity has been designated as Low Risk

Background Investigation The level of background investigation commensurate with the required level of access is National Agency Check (NACI).

Contractor Responsibilities The contractor shall bear the expense of obtaining background investigations. If the VA SIC conducts the investigation, the contractor shall reimburse the VA within 30 days. A bill for collection will be sent to the contractor to reimburse the VA. If timely payment is not made within 30 days from date of bill for collection, then the VA shall deduct the cost incurred from the contractors 1st month’s invoice(s) for services rendered.

The approximate fees associated with background investigations are $230.00 each for low-level investigation, $825.00 each for medium level investigation, and $3,015.00 each for high-level investigation.

It is imperative for the contractor to provide, at the request of VA, completed Background Investigation Template (Attachment J.6) listing contractor personnel performing services under the contract in order for the background investigation process to commence. This list will include name (first, middle, last); social security number; home address; date of birth; city, state, and country of birth; and current clearance(s) issued by other departments/agencies. Should the contractor have a need to replace a staff member, verification of that person's background investigation must occur within 5 days of placement on VA facilities.

The contractor or their employees shall submit a complete background investigation packet. Additional guidance and information in completing the required forms will be provided by the SIC upon submission of background investigation request.

The following required forms must be submitted to the VA SIC before contract performance begins:

(i) Standard Form 85, Questionnaire for Non-Sensitive Positions

(ii) Electronic Fingerprint Form

Fingerprinting is required with the background investigation. Fingerprinting can be done at the local VA Facility. The Electronic Fingerprint Verification Form must be submitted with the above-required forms.

The Contractor shall inform the contract employee that when filling out Standard Form 85, that there should be no gaps in employment history. Any gaps in employment history on Standard Form 85 may result in a PM rejecting the documentation for investigation and delay contract performance.

The contractor, when notified of an unfavorable determination by the Government, shall withdraw the employee from consideration from working under the contract, and at the request of the VA, submit another employee for consideration.

The contractor will notify the COTR immediately when their employee(s) no longer require access to VA facilities. Contractor will report any security violations or attempted violations or any unanticipated threats or hazards immediately to the COTR. The Contractor will notify the contracting officer in writing of any subcontractors performing work under this contract that will require access to VA facilities. Contractors will be held responsible for their subcontractors. All subcontractors will be required to follow the same VA background investigation standards.

The Contractor shall prescreen all personnel who require access to VA site(s) and/or access to VA LAN systems to ensure they maintain a U.S. citizenship or Alien Registration that authorizes them to work in the U.S. and are able to read, write, speak and understand the English language.

The Contractor shall prescreen all personnel who require access to VA site(s) and/or access to VA LAN systems to ensure they maintain a U.S. citizenship or Alien Registration that authorizes them to work in the U.S. and are able to read, write, speak and understand the English language.

Government Responsibilities The contracting officer will request the contractor employee’s background investigation through the VA SIC.

VA SIC will notify the contractor with instructions for the contractor's employees, coordinate the background investigations, and notify the contracting officer and contractor of the results of the investigations.

VA routinely reviews and updates policies and procedures regarding facility access. Therefore, this contact may be modified to reflect new policies and procedures implemented during the term of this agreement

VA Information Custodial Requirements VA information provided to the Contractor for either the performance or administration of this contract shall only be used for those purposes. No other use is permitted without the CO’s express written authorization. This clause expressly limits the Contractor’s rights to use data as described in Rights in Data - General, FAR 52.227-14(d)(1). The Government shall retain the rights to all data and records produced in the execution or administration of this contract.

Prior to termination or completion of this contract, Contractor will not destroy information received from VA or gathered or created by the Contractor in the course of performing this contract without prior written approval by the CO. A Contractor destroying data on VA’s behalf must do so 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, and applicable VA Records Control Schedules.

The Contractor shall not make copies of VA information, electronic or otherwise, except as necessary to perform the terms of the agreement or to preserve electronic information stored on Contractor electronic storage media for restoration in case any electronic equipment or data used by the Contractor needs to be restored to an operating state.

The Contractor shall not use technologies banned in VA in meeting the requirements of the contract (e.g., Bluetooth-enabled devices).

Training All Contractor and subcontractor personnel requiring access to VA information and VA information systems shall complete the following before being granted access to VA networks, this includes instructors:

Sign and acknowledge Contractor Rules of Behavior (Attachment J.7) prior to Kickoff Meeting;

Successfully complete VA Cybersecurity Awareness training and annual refresher training as required;

Successfully complete VA General Privacy training and annual refresher training as required;

Successfully complete any additional cybersecurity or privacy training as required for VA personnel with equivalent information system access.

The Contractor shall provide to the CO a copy of the training certificates for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required. These online courses are located at https://www.ees-learning.net/.

Failure to complete this mandatory training within the timeframe required will be grounds for suspension or termination of all physical and/or electronic access privileges and removal from work on the contract until such time as the training is completed.

The vendor will be required to adhere to the below VA security considerations, however, it is not anticipated that the contractor will have access to VA information systems.

All information and records provided to Contractor by VA, in whatever medium, as well as all information and documents, including drafts, emails, back-up copies, hand-written notes and copies that contain such information and records gathered or created by Contractor (collectively referred to as "VA information") in the performance of this contract, regardless of storage media, are the exclusive property of VA. Contractor does not retain any property interest in these materials and will not use them for any purpose other than performance of this contract.

Upon completion or termination of the contract, Contractor will either provide all copies of all VA information to VA or certify that it has destroyed all copies of all VA information as required by VA in a method specified by VA, at VA's option. The Contractor will not retain any copies of VA information. Where immediate return or destruction of the information is not practicable, Contractor will return or destroy the information within 30 days of completion or termination of the contract. All provisions of this contract concerning the security and protection of the VA information that is the subject of this contract will continue to apply to the VA information for as long as the Contractor retains it, regardless of whether the contract has been completed or terminated.

Prior to termination or completion of this contract, Contractor will not destroy VA information received from VA or gathered or created by Contractor in the course of performing this contract without prior written approval by VA.

Contractor will receive, gather, store, backup, maintain, use, disclose and dispose of VA information only in accordance with the terms of this contract and applicable federal and VA information confidentiality and security laws, regulations and policies.

The Contractor shall not make copies of VA information except as necessary to perform this agreement or to preserve electronic information stored on Contractor electronic storage media for restoration in case any electronic equipment or data used by the Contractor needs to be restored to an operating state.

Contractor shall provide access to VA information only to employees, subcontractors, and affiliates only: (1) to the extent necessary to perform the services specified in this Contract, (2) to perform necessary maintenance functions for electronic storage or transmission media necessary for performance of this contract, and (3) only to individuals who first satisfy the same conditions, requirements and restrictions that comparable VA employees must meet in order to have access to the same VA information. These restrictions include the same level of background investigations, where applicable.

Contractor will store, transport or transmit VA sensitive information only in an encrypted form, using an encryption application that meets the requirements of FIPS 140-2, and is approved for use by VA.

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

If VA information subject to the contract includes information protected by 38 USC 7332, or 5705, the Contractor shall not release information protected by either 38 USC 5705 or 7332 in response to a court order, and shall immediately refer such court orders to VA for response.

Prior to any disclosure pursuant to a court order, the Contractor shall promptly notify VA of the court order upon its receipt by the Contractor, provide VA with a copy by fax or email, whichever is faster, and notify by telephone the VA individual designated in advance to receive such notices. If the Contractor cannot notify VA before being compelled to produce the information under court order, the Contractor will notify VA of the disclosure as soon as practical and provide a copy of the court order, including a copy of the court order, a description of the records provided pursuant to the court order, and to whom the Contractor provided the records under the court order. The notice will include the following information to the extent that the Contractor knows it, if it does not show on the face of the court order: the records disclosed pursuant to the order, to whom, where, when, and for what purpose, and any other information that the Contractor reasonably believes is relevant to the disclosure. If VA determines that it is appropriate to seek retrieval of information released pursuant to a court order before Contractor notified VA of the court order, Contractor will assist VA in attempting to retrieve the VA information involved.

The Contractor will inform VA, by the most expeditious method available to Contractor, of any incident of suspected or actual access to, or disclosure, disposition, alteration or destruction of, VA information not authorized under this Contract ("incident") within one hour of learning of the incident. An incident includes the transmission, storage or access of VA information by Contractor or subcontractor employees in violation of applicable VA confidentiality and security requirements. To the extent known by the Contractor, the Contractor's notice to VA will identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information was placed at risk or compromised), and any other information that the contractor considers relevant.

Contractor will simultaneously report the incident to the appropriate law enforcement entity (ies) of jurisdiction. The Contractor, its employees, and its subcontractors and their employees will cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The Contractor also will cooperate with VA in any civil litigation to recover VA information, to obtain monetary or other compensation from a third party for damages arising from any incident, or to obtain injunctive relief against any third party arising from, or related to, the incident.

The VA will provide the Contractor with the name, title, telephone number, fax number and email address of the VA official to whom the Contractor will provide all notices required by this Contract.

VA has the right during normal business hours to inspect the Contractor's facility, information technology systems and storage and transmission equipment, and software utilized to perform the contract to ensure that the Contractor is providing for the security of VA data and computer systems in accordance with the terms of this Contract.

Contractor will receive, gather, store, backup, maintain, use, disclose and dispose of VA sensitive information only in compliance with all applicable Federal Information Processing Standards (FIPS) and Special Publications (SPs) issued by the National Institute of Standards and Technology (NIST) concerning VA sensitive information that is the subject of this contract. If NIST issues or updates an applicable FIPS or SP after execution of this contract, the parties agree to negotiate in good faith to implement the FIPS or SP in this contract.

The Contractor will provide appropriate administrative, technical, and physical safeguards to ensure the confidentiality and security of the Owner's data and to prevent unauthorized use or access to it. VA sensitive information must not be transmitted by remote access unless VA-approved protection mechanisms are used. All encryption modules used to protect VA data must be validated by NIST to meet the currently applicable version of Federal Information Processing Standards (FIPS) 140 (See http://csrc.nist.gov/groups/STM/cmvp/ for a complete list of validated cryptographic modules). Only approved encryption solutions using validated modules may be used when protecting data during transmission. Additional security controls are required to guard VA sensitive information stored on computers used outside VA facilities. All VA data must be stored in an encrypted partition on the hard drive and must be encrypted with FIPS 140 validated software. The application must be capable of key recovery and a copy of the encryption key(s) must be stored in multiple secure locations. Further, the Contractor agrees that the data must not be physically moved or transmitted in any way from the site without first being encrypted and obtaining prior written approval from the VA data owner.

A determination by VA that the Contractor has violated any of the information confidentiality and security provisions of this contract, including a violation of any applicable FIPS or SP, shall be a basis for VA to terminate the contract for cause.

If anyone performing this contract, including employees of subcontractors, accesses VA computer systems or data in the performance of the contract, VA may monitor and record all such access activity. If VA monitoring reveals any information of suspected or potential criminal law violations, VA will refer the matter to the appropriate law enforcement authorities for investigation.

Contractor shall inform its employees and other individuals performing any part of this contract that VA may monitor their actions in accessing or attempting to access VA computer systems and the possible consequences to them for improper access, whether successful or not. The Contractor shall ensure that any subcontractors or others acting on behalf of or for the Contractor in performing any part of this contract inform their employees, associates or others acting on their behalf that VA may monitor their access activities. Execution of this contract and any subcontract or agreement constitutes consent to VA monitoring.

The Contractor will ensure that all individuals who will access VA data or systems in performing the contract are appropriately trained in the applicable VA confidentiality and security requirements. Contractor may do this by requiring and documenting that these individuals have completed the VA training for its employees.

To the extent practicable, Contractor shall mitigate any harmful effect on individuals whose VA sensitive information was accessed or disclosed in an incident.

Contractor shall require subcontractors, agents, affiliates or others to whom Contractor provides access to VA information for the performance of this contract to agree to the same VA information confidentiality and security restrictions and conditions that apply to the Contractor before providing access.

VA Sensitive Information/Data All Department data, on any storage media or in any form or format, which requires protection due to the risk of harm that could result from inadvertent or deliberate disclosure, alteration, or destruction of the information. The term includes information whose improper use or disclosure could adversely affect the ability of an agency to accomplish its mission, proprietary information, records about individuals requiring protection under various confidentiality provisions such as the Privacy Act and the HIPAA Privacy Rule, and information that can be withheld under the Freedom of Information Act. Examples of VA sensitive information include individually-identifiable medical, benefits, and personnel information; financial, budgetary, research, quality assurance, confidential commercial, critical infrastructure, investigatory, and law enforcement information; information that is confidential and privileged in litigation, such as information protected by the deliberative process privilege, attorney work-product privilege, and the attorney-client privilege; and other information which, if released, could result in violation of law, harm, or unfairness to any individual or group, or could adversely affect the national interest or the conduct of Federal programs.

Protection of Individual Privacy:

The contractor shall abide by FAR clauses 52.224-1 and 52.224-2. The VA records that are the subject of this contract are contained in VA Privacy Act system of records.

The contractor shall abide by FAR clauses 52.239-1 and 48 C.F.R. §§24.101-104 for Privacy or Security Safeguards.

The contractor shall not publish or disclose in any manner, without the Contracting Officer's written consent, the details of any safeguards either designed or developed by the contractor under this contract or otherwise provided by the government.

To the extent required to carry out a program of inspection to safeguard against threats and hazards to the security, integrity, and confidentiality of Government data, the contractor shall afford the Government access to the contractor's facilities, installations, technical capabilities, operations, documentation, records, and databases.

If new or unanticipated threats or hazards are discovered by either the Government or the contractor, or if existing safeguards have ceased to function, the discoverer shall immediately bring the situation to the attention of the other party.

The contractor shall utilize only employees, subcontractors or agents who are physically located within a jurisdiction subject to the laws of the United States. The contractor will ensure that it does not use or disclose PHI received from Covered Entity in any way that will remove the PHI from such jurisdiction. The contractor will ensure that its employees, subcontractors and agents do not use or disclose PHI received from Covered Entity in any way that will remove the PHI from such jurisdiction.

Information System Security The Contractor shall ensure adequate LAN/Internet, data, information, and system security in accordance with VA standard operating procedures and standard contract language, conditions laws, and regulations. The Contractor's firewall and web server shall meet or exceed the government minimum requirements for security. All government data shall be protected behind an approved firewall. Any security violations or attempted violations shall be reported to the VA Information Security Officer (ISO) as soon as possible. If the ISO cannot be reached, contact the VA-NSOC (National Security Operation Center) by email (VANSOCSharedMail@va.gov) or phone 866-407-1566 and report the incident. The Contractor shall follow all applicable VA policies and procedures governing information security, especially those that pertain to certification accreditation.

VA Internet and Intranet Standards: The contractor shall adhere to and comply with VA Directive 6102 and VA Handbook 6102, Internet/Intranet Services, including applicable amendments and changes, if the contractor's work includes managing, maintaining, establishing and presenting information on VA's Internet/Intranet Service Sites. This pertains, but is not limited to: creating announcements; collecting information; databases to be accessed, graphics and links to external sites.

Internet/Intranet Services Directive 6102 is posted at:

http://wwwl.va.gov/vapubs/search action.cfm?dType=1 Internet/Intranet Services Handbook 6102 is posted at: http://wwwl.va.gov/vapubs/search action.cfm?dType=2.

These documents contain information regarding: VA cookie use policy, privacy statements, Section 508 applicability, posting "Hot Topics", warning notices and editorial changes.

SECTION D - PACKAGING AND MARKING

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SECTION E - INSPECTION AND ACCEPTANCE

CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE (COTR)

(a) For the purpose of this clause, the Contracting Officer’s Technical Representative (COTR) is the duly authorized representative of the Contracting Officer.

(b) The COTR(s) for any awarded contract resulting from this RFP shall be appointed following award. The specific COTR(s) for each task order written under the contract awarded will be named within the task order.

(c) The COTR will perform inspection and acceptance of services to be provided. Inspection and acceptance will be performed at the locations listed in the individual task order written under the contract awarded.

SECTION F - DELIVERIES OR PERFORMANCE

F.1 PERIOD OF PERFORMANCE

Periods of Performance shall be detailed in individual Task Order written under contract awarded as a result of this solicitation.

Contracts awarded as a result of this solicitation will have an approximate Period of Performance starting on 01 July 2010. The Contracting Officer reserves the right to adjust the start date of service based on the actual award date.

F.2 PLACE OF PERFORMANCE

The primary place of performance is stated in Section C.

SECTION G - CONTRACT ADMINISTRATION DATA

(Continuation from Standard Form 1449, block 18A)

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

a. CONTRACTOR: ___________________________________________

b. GOVERNMENT: James Poe, Contracting Officer Center for Acquisition Innovation Frederick Department of Veterans Affairs 7495 New Horizon Way Frederick MD 21703

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

[X] 52.232-34, Payment by Electronic Funds Transfer - Other than Central Contractor Registration, or

[] 52.232-36, Payment by Third Party

3. INVOICING:

a. The contractor shall submit invoices on a monthly basis. All invoices must be emailed to the Center for Acquisition Innovation in Frederick, MD, attention Fiscal at CAI.Invoices@va.gov. Invoices shall specify the monthly billing period, project title, purchase order number, contract number, name of employee, labor rate, travel detail, and any other supporting documentation. Deliverables may be indicated in the TO which will need to be included along with the monthly invoice in order to be considered complete.

b. The contractor shall use various reporting tools such as Primavera Team Play, the Web and others as required by VA policies and procedures to track time and progress on work related to requests as determined by the COTR.

c. The contractor shall not exceed the ceiling price established without the written consent of the Contracting Officer. An increase or decrease must be concurred by the COTR and approved by the Contracting Officer via an order modification.

d. GOVERNMENT INVOICE ADDRESS: If invoices are of such size that emailing is not feasible, they should be mailed to the following address (do not email AND mail, as this may result in inadvertent duplication):

Department of Veterans Affairs Center of Acquisition Innovation (CAI)

ATTN: TBD

7485 New Horizon Way Frederick MD 21703

e. The VA requires the following information be included on invoices received for payment:

Vendor Name Remittance address (address where the payment is to be issued) Complete contract number (Block # ) Complete purchase order number (Block # ):

Itemized description of goods or services, quantity, and unit price Total dollar amount of invoice Discount of Net terms

f. For any…