VISN 1 Background Investigation SDVOSB Combined Synopsis.docx

Attachment 1: Combined Synopsis-Solicitation for Commercial Products and Commercial Services RFQ: 36C24126Q0087 VISN 1 Worker’s Compensation Investigative Services

Description:

This is a combined synopsis/solicitation for commercial products and commercial services prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Products and Commercial Services,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation document will not be issued.

This solicitation is issued as an RFQ. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2025-06.

This solicitation is set-aside for 100% Service Disabled Veteran-Owned Small Businesses (SDVOSBs).

The associated North American Industrial Classification System (NAICS) code for this procurement is 561611, with a small business size of $25 Million. The FSC/PSC is J065.

The Network Contracting Office (NCO) 1- New England is seeking to acquire Worker’s Compensation Surveillance Services as a Firm-Fixed Price Contract.

All interested companies shall provide quotations for the following:

TOTAL

*Hours per year will range between 2000 and 2500

STATEMENT OF WORK

478-26-1-6869-0002 VISN 1 Surveillance Contract for Workers Compensation

Introduction and Scope of Work

VISN 1 Human Resources Workers Compensation has identified a requirement for surveillance services to verify status of employees currently receiving workers compensation benefits.

Requirements

The scope of work would consist of performing physical surveillance of an injured employee monitoring and following employees in the general course of performing activities of daily living and any other activity such as other work or volunteer activities. The investigation requires the ability to follow the injured employee in the event the employee is traveling and maintain surveillance of the employee while traveling to the best of the Investigator’s ability. Surveillance activity would be supported by social media and other forms of electronic investigations, to include unmanned cameras. Equipment to conduct surveillance is owned and maintained by the contractor.

Surveillance requests using unmanned cameras would include the daily cost and labor hours of reviewing footage and providing report.

Work to be ordered on an as-needed basis.

The contractor is not provided access to ECOMP or any other VA systems.

The contractor shall follow all Government rules and regulations regarding information security to prevent disclosure of sensitive information to unauthorized individuals or organizations, and shall adhere to all VA Privacy & Security, the Privacy Act and HIPAA requirements when obtaining and reviewing information.

All contractors and subcontractors shall comply with conditions specified in VAAR 852.204-71(d); Contractor operations required to be in United States. All contractors and subcontractors working with VA information must be permanently located within a jurisdiction subject to the law of the United States or its Territories to the maximum extent feasible. If services are proposed to be performed abroad the contractor must state where all non-U.S. services are provided. The contractor shall deliver to VA a detailed plan specifically addressing communications, personnel control, data protection and potential legal issues. The plan shall be approved by the COR/CO in writing prior to access being granted.

All contractors must comply with conditions specified in VA Notice 24-12 and Appendix B:

Delivery

Upon completion of the investigation, a report of activity with any photos taken will be provided with the findings of the investigation. In addition, video surveillance will be provided when possible documenting the investigators attempts to secure video surveillance.

Investigative material will be provided to the workers compensation department in a timely manner upon the conclusion of the investigation for timely issuance of the investigative material to the United States Department of Labor/Office of Workers Compensation Programs.

RECORDS MANAGEMENT OBLIGATIONS

A. Applicability This clause applies to all Contractors whose employees create, work with, or otherwise handle Federal records, as defined in Section B, regardless of the medium in which the record exists.

B. Definitions “Federal record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.

The term Federal record:

1. includes VHA records.

2. does not include personal materials.

3. applies to records created, received, or maintained by Contractors pursuant to their VHA contract.

4. may include deliverables and documentation associated with deliverables.

C. Requirements

1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

3. In accordance with 36 CFR 1222.32, the Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

4. VHA and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of VHA or destroyed except in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage, or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, the Contractor must report to VHA. The agency must report promptly to NARA in accordance with 36 CFR 1230.

5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records, or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records, and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records, and/or equipment is no longer required, it shall be returned to VHA control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand-carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

6. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material, and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and VHA guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with VHA policy.

8. The Contractor shall not create or maintain any records containing any non-public VHA information that is not specifically tied to or authorized by the contract.

9. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

10. The VHA owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which VHA shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

11. Training. All Contractor employees assigned to this contract who create, work with or otherwise handle records are required to take VHA-provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

** VHA training for contractors is available in Talent Management System (TMS):

Records Management for Records Officers and Liaisons, Item #3873736

D. Flow down of requirements to subcontractors

1. The Contractor shall incorporate the substance of this clause, its terms, and requirements including this paragraph, in all subcontracts under this [contract vehicle], and require written subcontractor acknowledgment of same.

2. Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.

(END OF STATEMENT OF WORK)

This purchase order/contract anticipated period of performance is 12/15/2025-12/14/2030.

(START OF PROVISIONS)

· FAR 52.212-1, “Instructions to Offerors- Commercial Products and Commercial Services” (SEP 2023) (DEVIATION OCT 2025)

· FAR 52.212-2, “Evaluation-Commercial Products and Commercial Services” (NOV 2021) (DEVIATION OCT 2025)

· FAR 52.212-3, “Offeror Representations and Certifications- Commercial Products and Commercial Services” (MAY 2024)

· FAR 52.252-1, “Solicitation Provision Incorporated by Reference” (FEB 1998)

· FAR 52.203-11, “Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions” (SEP 2024)

· FAR 52.203-18, “Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements Representations” (JAN 2017)

· FAR 52.204-7, “System for Award Management- Registration” (NOV 2024)

· FAR 52.233-2, “Service of Protest” (SEP 2006) (DEVIATION NOV 2025)

· VAAR 852.209-70, “Organizational Conflicts of Interest (OCT 2020)

· VAAR 852.233-70, “Protest Content/Alternative Dispute Resolution” (OCT 2018)

· VAAR 852.233-71, “Alternative Protest Procedure” (OCT 2018)

· VAAR 852.239-71, “Information System Security Plan and Accreditation” (FEB 2023)

· VAAR 852.273-70, “Late Offers” (NOV 2021)

(END OF PROVISIONS)

(START OF CLAUSES)

The full text of FAR provisions or clauses may be accessed electronically at http://acquisition.gov/comp/far/index.html.

Offerors must complete annual representations and certifications electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal in accordance with FAR 52.212-3, “Offerors Representations and Certifications–Commercial Products and Commercial Services.” If paragraph (j) of the provision is applicable, a written submission is required.

The following contract clauses apply to this acquisition:

· FAR 52.212-4, “Contract Terms and Conditions- Commercial Products and Commercial Services” (NOV 2023)

· ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS- COMMERICAL PRODUCTS AND COMMERICAL SERVICES

· FAR 52.252-2 “Clauses incorporated by reference” , (FEB 1998).- This contract incorporates one or more clauses by reference, with eh same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html (FAR) and http://www.va.gov/oal/library/vaar/index.asp (VAAR)

· FAR 52.203-6 “ALT I. Restrictions on Subcontractor Sales to the Government” (NOV 2021).

· FAR 52.203-16, Preventing Personal Conflicts of Interest. (JUN 2020)

· FAR 52.203-17, “Contractor Employee Whistleblower Rights” (NOV 2023)

· FAR 52.203-19, “Prohibition on Requiring Certain Internal Confidnntiality Agreements or Statements” (JAN 2017)

· FAR 52.204-13, “System for Award Management-Maintenance” (OCT 2018)

· FAR 52.209-6, “Protecting the Government’s Interest when Subcontracting with Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded” (JAN 2025) (DEVIATION NOV 2025).

· FAR 52.209-10, “Prohibition on Contracting With Inverted Domestic Corporations” (NOV 2015) (DEVIATION NOV 2025)

· FAR 52.217-8, “Option to Extend Services” (NOV 1999)

· FAR 52.217-9, “Option to Extend the Terms of the Contract” (MAR 2000)

· FAR 52.219-8, “Utilization of Small Business Concerns” (JAN 2025)

· FAR 52.219-14, “Limits on Subcontracting” (OCT 2022)

· VAAR 852.219-73, “VA Notice to Total Set-Aside for Certified Service-Disabled Veteran-Owned Small Businesses” (JAN 2023) (DEVIATION)

· FAR 52.222-3, “Convict Labor” (JUN 2003)

· FAR 52.222-35, “Equal Opportunity for Veterans” (JUN 2020)

· FAR 52.222-36, “Equal Opportunity for Workers with Disabilities” (JUN 2020)

· FAR 52.222-37, “Employment Reports on Veterans” (JUN 2020)

· FAR 52.222-40, “Notification of Employee Rights Under the National Labor Relations Board” (DEC 2010)

· FAR 52.222-41, “Service Contract Labor Standards” (AUG 2018)

· FAR 52.222-42, Statement of Equivalent Rates for Federal Hires” (MAY 2014)

· FAR 52.222-43, “Fair Labor Standards Act and Service Contract Labor Standards- Price Adjustment (Multiple Year and Option Contracts)” (AUG 2018)

· FAR 52.222-50, “Combatting Trafficking in Persons” (NOV 2021) (DEVIATION OCT 2025)

· FAR 52.222-54: “Employment Eligibility Verification” (JAN 2025)

· FAR 52.222-62, “Paid Sick Leave Under Executive Order 13706” (Jan 2022)

· FAR 52.223-5, “Pollution Prevention and Right-to-Know Information” (MAY 2024)*

· FAR 52.224-1, “Privacy Act Notification” (APR 1984)

· FAR 52.224-2, “Privacy Act” (APR 1984)

· FAR 52.224-3, “Privacy Training” (JAN 2017)

· FAR 52.226-8. “Encouraging Contractor Policies to Ban Text Messaging While Driving” (MAY 2024)

· FAR 52.228-5, “Insurance-Work on a Government Installation” (JAN 1997)

· FAR 52.229-3, “Federal, State, and Local Taxes” (FEB 2013)

· FAR 52.232-40, “Providing Accelerated Payments to Small Business Subcontractors” (MAR 2023)

· VAAR 852.232-72, “Electronic Submission of Payment Requests” (NOV 2018)

· FAR 52.233-3, “Protest after Award” (AUG 1996) (DEVIATION NOV 2025)

· FAR 52.233-4, “Applicable Law for Breach and Contract Claim” (OCT 2004) (DEVIATION NOV 2025)

· FAR 52.223-23, “Sustainable Products” (MAY 2024)

· FAR 52.232-33, “Payment by Electronic Funds Transfer-System for Award Management” (OCT 2018)

· FAR 52.237-2, “Protection of Government Buildings, Equipment, and Vegetation” (APR 1984)

· VAAR 852.239-70, Security Requirements for Information Technology Resources” (SEB 2023)

· VAAR 852.239-76, “Information and Communication Technology Accessibility” (FEB 2023)

· FAR 52.244-6, “Subcontracts for Commercial Products and Commercial Services” (JAN 2025)

· FAR 52.252-6, “Authorized Deviations in Clauses” (NOV 2020)

· VAAR 852.201-70, “VA Small Business Subcontracting Plan Minimum

· VAAR 852.203-70, “Commercial Advertising” (MAY 2018)

· VAAR 852.204-70, “Personal Identity Verification of Contractor Personnel”

· VAAR 852.219-73, “VA Notice of Total Set-Aside for Certified Service-Disabled Veteran-Owned Small Businesses”

· VAAR 852.219-75

· VAAR 852.222-71, “Compliance with Executive Orders

· VAAR 852.242-71, “Administrative Contracting Officer”

(END OF CLAUSES)

All quoters shall submit the following: Price, Technical, and Past Performance All quotes shall be sent to the Contracting Specialist, Sebastian Freeze, sebastian.freeze@va.gov Award will be based upon a comparative evaluation of quotes in accordance with the Simplified Acquisition Procedures of FAR 13. Comparative evaluation is the side-by-side comparison of quotes based on factors resulting in a Contracting Officer’s decision for the quote most favorable to the Government.

The following are the decision factors: Price, Technical, and Past Performance.

1. Price:

a. Complete line items on Page 1 of this combined synopsis/solicitation, which will be completed by the offeror.

2. Technical: The offeror’s quote shall be evaluated to determine if the contractor has the capabilities to provide quality supplies or services in a timely and efficient manner.

a. Meeting the Specifications in the Statement of Work.

b. Sub-Contracting (if applicable): If you are planning to sub-contract some or all of this work, please provide the name and address(s) of all subcontractor(s) (if applicable) and a description of their planned subcontracting effort.

3. Past Performance:

a. Provide 2 references for the same or equivalent performance.

All quotes shall be sent to the email address: sebastian.freeze@va.gov.

Award will be based upon a comparative evaluation of quotes in accordance with the Simplified Acquisition Procedures of FAR 13. Comparative evaluation is the side by side pairwise comparison of quotes based on factors resulting in a Contracting Officer decision for the quote most favorable to the Government.

The award will be made to the response most advantageous to the Government. Responses should contain your best terms and conditions.

To facilitate the award process, all quotes must include a statement regarding the terms and conditions herein as follows:

“The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition”

Submission of your response shall be received no later than 12/08/2025 at 9:00AM EST and email sent to sebastian.freeze@va.gov. Any questions shall be received no later than 12/03/2025 at 9:00 AM EST.

Late submissions shall be treated in accordance with the solicitation provision at FAR 52.212-1(f). Not accepted.

Any questions or concerns regarding this solicitation should be forwarded in writing via email to the Point of Contact listed below:

Sebastian Freeze sebastian.freeze@va.gov 781-687-2000 x6660

Effective Date: 04/18/2025 Revision: 02