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Document Type: PRESOL Posted Date: Nov 26, 2018 Category: Social Services Set Aside: N/A
Department of Veterans Affairs;Network Contracting Office 21;VA Southern Nevada Healthcare System;6900 N. Pecos Road, Building 6;North Las Vegas NV 89086
. General Information Document Type: Combined Solicitation/Synopsis Solicitation Number: 36C26119Q0141 Posted Date: 26 November 2018 Original Response Date/Time: 30 November 2018 / 2:00PM PDT Current Response Date: 30 November 2018 / 2:00PM PDT Product or Service Code: G004 Set Aside: None NAICS Code: 624190 Contracting Office Address VA Southern Nevada Healthcare System 6900 N. Pecos Road, Building 6 North Las Vegas, NV 89086 Description This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, and Part 13, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested, and a written solicitation document will not be issued. This solicitation is a request for quotations (RFQ), and is posted as unrestricted. The Department of Veteran Affairs Veterans Center, Reno NV is intending to negotiate for a Firm Fixed Price unrestricted sole source award to The Vitality Center Inc., for receiving readjustment counseling services. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-101, dated 10-26-2018. The associated North American Industrial Classification System (NAICS) code for this procurement is 624190, with a small business size standard of $11.0M. The services required are for receiving readjustment counseling services for qualified veterans located in the vicinity of Elko, Nevada for a one-year base period, with four one-year option periods. Evaluation of Options: Except when it is determined in accordance with FAR 17.206(b) not to be in the Government s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. This includes options under FAR 52.217-8, Option to Extend Services, which applies to this solicitation. Evaluation of options under FAR 52.217-8 will be accomplished by using the prices offered for the last option period to determine the price for a 6-month option period, which will be added to the base and other option years to arrive at the total price. Evaluation of options will not obligate the Government to exercise the option(s). (NOTE: Offeror is NOT to quote on the Option to Extend Services) The services are for the following: Services Line Item Description Est. Qty/Unit Unit Price Total Price 0001 Individual Readjustment counseling services in accordance with the enclosed Statement of Work. (One year Base) 250 EA $ $ 0002 Group Readjustment counseling services in accordance with the enclosed Statement of Work. (One year Base) 315 EA $ $ 0003 Couple or Family counseling services in accordance with the enclosed Statement of Work. (One year Base) 50 EA $ $ Total Base Year $ 1001 Individual Readjustment counseling services in accordance with the enclosed Statement of Work. (Option Year One) 250 EA $ $ 1002 Group Readjustment counseling services in accordance with the enclosed Statement of Work. (Option Year One) 315 EA $ $ 1003 Couple or Family counseling services in accordance with the enclosed Statement of Work. (Option Year One) 50 EA $ $ Total Option Year One $ 2001 Individual Readjustment counseling services in accordance with the enclosed Statement of Work. (Option Year Two) 250 EA $ $ 2002 Group Readjustment counseling services in accordance with the enclosed Statement of Work. (Option Year Two) 315 EA $ $ 2003 Couple or Family counseling services in accordance with the enclosed Statement of Work. (Option Year Two) 50 EA $ $ Total Option Year Two $ 3001 Individual Readjustment counseling services in accordance with the enclosed Statement of Work. (Option Year Three) 250 EA $ $ 3002 Group Readjustment counseling services in accordance with the enclosed Statement of Work. (Option Year Three) 315 EA $ $ 3003 Couple or Family counseling services in accordance with the enclosed Statement of Work. (Option Year Three) 50 EA $ $ Total Option Year Three $ 4001 Individual Readjustment counseling services in accordance with the enclosed Statement of Work. (One year Four) 250 EA $ $ 4002 Group Readjustment counseling services in accordance with the enclosed Statement of Work. (One year Four) 315 EA $ $ 4003 Couple or Family counseling services in accordance with the enclosed Statement of Work. (One year Four) 50 EA $ $ Total Option Year Four $ Total Base + 4 Option Years $ READJUSTMENT COUNSELING SERVICES STATEMENT OF WORK BACKGROUND Public Law 96-22 in 1979 added Section 612A to 38 D.S.C. authorizing the Department of Veterans Affairs (VA) to provide readjustment counseling to veterans of the Vietnam era (August 5, 1964 to May 7, 1975). Subsequently amended several times between 1979 and 1989, Section 612A, currently guarantees readjustment counseling as a lifetime entitlement to Vietnam era veterans and requires no change in venue for VAs system of community-based outreach and counseling centers (Vet Centers). Readjustment Counseling Service (RCS), currently administers a nationwide system of 300 vet centers located in 50 states, Puerto Rico, the Virgin Islands, Guam and the District of Columbia. The Vet Center mission is to provide outreach and counseling to assist Vietnam theater veterans (and now veterans of the Persian Gulf war and the Conflicts in Lebanon, Grenada, Panama, Somalia, and Global War on Terrorism, OIF/OEF) resolve war-related psychological difficulties and to help them achieve a successful post-war readjustment to civilian life. Toward these objectives the Vet Centers provide a mix of psychological and social services: psychological counseling and psychotherapy (individual, group, and family), outreach, networking and referral, employment counseling, education/career counseling, crisis counseling, community education, substance abuse aftercare and referral, consultation to professionals, and conjoint services at VA Medical Centers (VAMC) and clinics. The initiating legislation also authorized VA to augment Vet Center services through contract with private sector providers for provision of readjustment counseling to veterans geographically removed from existing Vet Centers and other VA health care facilities. In 1991, additional legislation was passed amending Section 6l2A, 38 U.S.C. to-extend the readjustment counseling entitlement to all post-Vietnam era veterans who served during a period of armed hostilities since May 7, 1975, such as existed in Lebanon, Grenada, Panama and most recently in the Persian Gulf. The range and types of services provided to these newly eligible veteran populations are identical to those already provided to Vietnam Theater veterans. Eligibility for readjustment counseling services is limited to Vietnam, Post-Vietnam war zone veterans, who were discharged under honorable conditions. Individuals with another than honorable but more-than-dishonorable discharge may also be eligible as determined by the VA (see 38 CFR, Section 3.12). DESCRIPTION OF THE SUBJECT WORK: The contractor shall furnish readjustment counseling services to eligible veterans referred by Vet Center staff members or professional staff members of VA Psychiatry, Social Work, Psychology or Nursing Services. Readjustment counseling, for purposes of this contract, is counseling provided by social workers, psychologists, psychiatrists, or other qualified counselors, individually or in groups, specifically directed at social, psychological or behavioral difficulties specifically related to the post-war readjustment to civilian life. Such difficulties may interfere with a veterans job performance, educational pursuits, family and other interpersonal relations, or overall ability to cope with daily life. Modalities of readjustment counseling include individual, group, and family counseling; all of which must have as their central purpose the post-war readjustment of Vietnam and/or post-Vietnam war zone veterans. This service does not include general mental health services, but only provides readjustment counseling for psychosocial difficulties related to post-war readjustment form military duty for example: Exposure to combat-related war trauma Exposure to other aspects of war zone stress Post-traumatic stress disorder (as defined by DMS 5) and/or other war-related social and psychological difficulties. Stressor unique to military duty for eligible veterans. Psychological concern over a possible service-connected condition. Substance abuse connected with military duty and/or post-war homecoming and readjustment. Difficult post-war experiences, including disrupted homecoming and unsuccessful re- entry into civilian roles. Concern over possible Agent Orange, biological or chemical agent exposure or ramifications thereof. Generalized alienation from society manifested by lack of expectable familial, educational and/or vocational activities. Psychosocial difficulties related to type of military discharge for other than a dishonorable discharge. The provision of medications and physical examinations are not to be considered a component of readjustment counseling, and therefore, will not be provided under this contract mechanism. Nonetheless offerors should have the capability through referral to arrange for needed physical examinations, prescription medications and/or other medical treatment. Veteran consumers should be advised that VA will not reimburse through this service for physical examinations, drugs, or other medical treatments. In all such cases, VA medical facilities should be the priority referral for the veterans medical care. When this is not feasible due to geographical distance, VA Fee Basis providers should also be considered. The contract provider should coordinate with the Contracting Officer Representative (COR) for assistance in facilitating referrals to VA medical providers. GEOGRAPHICAL LOCATION OF ELIGIBLE SERVICE PROVIDERS Service providers submitting offers in response to this request for proposals must be physically located in the North-Eastern Nevada area. VA will only make referrals to providers under this contract for circumstances where VA or other government facilities are not capable of furnishing needed services or cannot do so economically because of geographical distances. PROCEDURE FOR SERVICE INITIATION Service initiation under this contract will be limited to referral only by Vet Center personnel, RCS District Directors and/or Chief of Staff or designee at a VA Medical facility. The number, type, and frequency of readjustment counseling services provided to the veteran and/or significant others (i.e., members of the veterans immediate family, legal guardian, or individual with whom the veteran lives or certifies an intention to live with) will be as specifically authorized by the referring Vet Center. Upon determination of eligibility, through an interview with a designated Vet Center staff member, and completion of psychosocial assessment, determining the need for readjustment counseling services, a referral will be made by completion of Contract Services Authorization Form (VA Form IO-5565b). Original documents are held at the Vet Center and a copy is sent to the Contract Provider. TERMS OF CONTRACT: Contract will be for a period of one year with 4 one-year options. The contract provider is obligated to provide counseling services in a manner consistent with the time frame of the contract. The length of time in which counseling services are provided to individual veterans under this contract will be as authorized by VA referrers. DUTIES OF CONTRACT PROVIDERS: Contractors will provide readjustment-counseling services to eligible veterans referred by Vet Center or VA mental health professionals in accordance with the requirements of the contract/VA Authorization Form, VA Form 10-5565b. RECORD KEEPING: Contractors will maintain counseling records which comply with the Privacy Act and HIPAA and are accurate, complete and in compliance with professional standards for clinical record keeping. In addition, the contract provider must provide in writing an initial comprehensive psychosocial assessment and counseling plan to the referrer no later than the completion of three initial visits and updated counseling plan at the completion of each unit of authorized visits thereafter. At the indicated intervals, this counseling plan will be required in order for further units of service to be authorized. Determination of adequacy of counseling plans will be based on the professional judgment of the COR in each case. Counseling records are considered the property of the VA. ACKNOWLEDGEMENT OF SERVICES: At the time services are rendered, the contractor will secure a signed acknowledgement of services from each client and for each visit that is billed to the VA. The contractor will list the name of the client, name of counselor and professional degree, date of service, length of treatment, treatment modality, and the clients signature. LICENSURE: Offerors are to include all staff providing counseling services under this program, are required to obtain all Federal, State, and/or Local professional license(s) and certification(s) applicable to the provision of offering readjustment counseling services. Official verification of credentials will be obtained from the educational institution awarding the contractors professional degree which will be required by the Contracting Officer at the time of the award. In addition, documentation of current professional license or certifications will be required by the Contracting Officer at the time of the award. CONTRACT SERVICES REVIEW/EVALUATION In accordance with VHA Handbook 1500.1, representatives of the VA and other Government agencies are authorized to visit the premises of service contractors during business hours for purposes of Evaluation and auditing, which may include inspection of clinical records. VA OBLIGATIONS UNDER THIS CONTRACT This contract will be used only upon a VA determination that existing VA or Government facilities are not capable of furnishing needed readjustment counseling services, or cannot do-so economically because of geographical inaccessibility. ACCEPTANCE PERIOD FOR OFFERS Unless otherwise stipulated, all offers will be treated as remaining in effect for a period of 60 days after the date identified for receipt of proposals. USUAL AND CUSTOMARY RATES Contracts will only be entered into by VA which are based on a rate schedule which falls within the range of usual and customary rates for the specific geographical area in which services are provided. The Contracting Officer in consultation with the COR is responsible for determining the usual and customary rates, through communication with the State, County, or District (a) Psychiatric Society, for Psychiatrists; (b) Association of Psychologists, for Psychologists; (c) Association of Social Workers, for Psychiatric Social Workers. In instances where conflicting data is provided, the COR must consult with a local VAMC Chief, Psychiatry, Psychology, or Social Work Service to determine the usual and customary rates for services provided by a mental health worker other than those from the three professional disciplines listed above. Prospective contract providers applying for renewal of existing contracts should be advised of this guidance, and requested to formulate proposals which include rates within the usual and customary range as indicated herein. In determining the appropriate range of rates, it should be noted that different usual and customary rates prevail for different types of therapy; ie., individual, group, and family, and the CORs determination should be for specific type of therapy, as well as for professional discipline. For questions concerning this guidance, contact the Contracting Officer. LIMITATIONS ON SERVICE: Offerors are to quote a per-session rate for services to be rendered. Remuneration will be based on the number of visits multiplied by the per-session rate quoted by the offeror. A counseling session must be a minimum of 45 minutes (typically 50-60 minutes) and will be deemed a single visit. Longer visits will be deemed a single visit regardless of length. A maximum of up to three visits will be authorized for the initial assessment by the official VA referrer. Additional blocks of up to fifteen visits can be authorized for continued counseling after the initial 1-3 visits have been exhausted. All fees presented in proposals, and included in contracts, must be within the customary, usual, and reasonable range of fees as charged by the same professional discipline for the same services charged in the area where services will be provided. The Contracting Officer will determine the applicable prevailing fee ranges, from standard sources within the community; e.g., professional societies, being assisted in this determination by the COR. Licensed Counselor Rate Schedule will be made for the following 3 session categories: Individual 2. Group 3. Couple or Family Group counseling will be at least 90 minutes in length or may last longer; individual, family, and couples counseling will be at least 45 minutes in length or may last longer with the veteran and/or significant others, and will be deemed a single visit regardless of length. The contract service provider is authorized to provide only those services specified on VA referral forms (VA Form 10-5565b). Under this contract, an individual veteran will be authorized no more than one visit per week, per case; ie., whether the visit is with a veteran or a significant other (i.e., members of the veterans immediate family, legal guardian, or individual with whom the veteran lives or certifies and intention to live). Visits twice per week may be permitted in exceptional cases when authorized by the COR on the basis of appropriate clinical assessment. VA reserves the right to modify the treatment plan submitted by the contractor. Reimbursement will be for in-person counseling sessions (eg., face-to-face). Reimbursement is not authorized, for example, for telephone calls with the veteran or significant others, or for consultation between the contract counselor and other individuals. Exceptions to this requirement must be approved by the COR, e.g., crisis intervention. It is understood that payments made by the VA under this contract will constitute the total cost of readjustment counseling services. The contractor agrees that no additional charges will be billed to the beneficiary or his family, either by the contractor or any third party furnishing required services, unless and until specific prior authorization in writing is obtained from the VA referrer that authorized the provision of services. SITE VISIT PROCEDURES Prior to the contract award, contract quality control officers are authorized to make site visits to contract offerors. After contract award, these individuals will be authorized on-site inspection of contract provider facilities on an annual basis or as needed to respond to any clinical concerns or problems that develop during the term of the contract. Inspections are held for the purposes of monitoring and reviewing administrative and clinical procedures with a contractor and coordinating any procedural difficulties arising from the relationship of the contract provider with relevant VA staff. Visits will be conducted in accordance with RCS standards and in compliance with monitoring guidelines developed and approved by RCS VA Central Office. Comprehensive site visit reports covering areas of administrative and clinical operations will be prepared on each visit. The contract provider will be responsible for responding to any clinical and/or administrative problems and/or deficiencies arising from the findings of these reports. BILLINGS: Contract providers will submit invoices, with attached acknowledgement of services received through the COR at the end of each month. All invoices must include the following: Contract Number Vet Center or Station number of referring unit Client Number Total number of individual visits and number of group visits per veteran or client Total number of individual visits Total number of group visits Basic rate for contract Total amount billed Month in which services were provided CONTRACTOR QUALIFICATIONS The first six items identified under this section detail the minimum needs of the Government. Therefore, offerors must assure that these requirements are adequately addressed in their offers. Failure to meet anyone of these six requirements will result in the rejection of the offer. Each offeror must submit with the offer evidence establishing the following: (1) Providers licensed to deliver readjustment counseling to individuals, couples, families and groups. The information in (1) above must be provided for each counselor in detail. The offeror must also indicate the number of group sessions and the number of all other types of sessions per week which can be provided under the terms of this contact by all implicated staff members, and the total number of group sessions and the number of all other types of sessions per week by all other non-listed staff members which can be provided under the terms of this contract. (2) A commitment in principle to furnish readjustment services to Vietnam and post-Vietnam war zone veterans, as evidence from by-laws, mission statement, or established statement of goals and procedures. (3) An established program of services described in writing, for furnishing Vietnam and post Vietnam war-zone veterans the following services: Group counseling Individual, couple, and family readjustment counseling Substance abuse counseling and assistance Job and career counseling as part of readjustment counseling (which does not include job placement services) Social services for basic needs and referral procedures (ie., formal or informal linkages and referral procedures with social services providers in the community to meet other needs of the client which cannot be directly furnished by the service provider) Referral procedures for medical examination and treatment to VA Outpatient Clinic. The prospective provider must be able to furnish the services described in item (a), (b), (c) and (d). If the provider cannot directly furnish the services described in any item (a) through (f), the following must be demonstrated: The means to assure that those services, which the offeror is incapable of furnishing directly, will be delivered when needed; for example, through referral, agreement, affiliation, or consultant arrangements. The specific resources to be utilized in this manner must be identified and described and the mechanism for access specified. The existence of systems to assure that such services as the offeror is incapable of furnishing directly are delivered and to demonstrate that the quality of such services is satisfactory. (4) The offeror must demonstrate clinically appropriate individualized plans for making psychosocial assessments and providing counseling services to clients. Documentation could include a detailed understanding of war-related PTSD, and other post-war readjustment problems. Military history should be indicated as a core feature of the assessment process. (5) The offeror must demonstrate suitable procedures to safeguard records, to include detailed documentation for the physical security of records and prevention of disclosure of the records, reports, or other private information of clients, except with the clients informed written consent. (6) A written narrative describing the training and education of each counselor who would be providing readjustment counseling under this contract. As part of this documentation, a detailed vitae for each counselor must be submitted as an appendix to the contractor proposal. (7) Specification of the number of counselors who would be providing readjustment counseling under the contract who are themselves veterans. In addition, this should be accompanied by a specification of the percentage of total counseling hours per week, which would be provided by these counselors. (8) Written documentation which demonstrates that the offeror has adequate administrative staff resources and experience to maintain accurate and complete counseling records, including VA authorization forms, length of stay and number of visits, bills rendered and payments received. All records should be of such as to satisfy administrative and quality assurance audits. (9) A written narrative describing the training and experience of each administrative person having key responsibility under the contract. As part of this documentation, a detailed vitae for each key administrative person must be submitted as an appendix to the contract proposal. (10) A written description specifying the nature and extent of the offerors experience in providing counseling services to special populations of ethnic minority, disabled and female veterans. SPECIAL CONTRACT REQUIREMENTS Under the authority of Public Law 104-262 and 38 USC 8153, the contractor agrees to provide Health Care Resources in accordance with the terms and conditions stated herein, to furnish to and at the Department of Veterans Affairs Medical Center, VA Reno, the services and prices specified in the Section entitled Schedule of Supplies/Services of this contract. SERVICES: The services specified in the Sections entitled Schedule of Supplies/Services and Special Contract Requirements may be changed by written modification to this contract. The modification will be prepared by the VA Contracting Officer. Other necessary personnel for the operation of the services contracted for at the VA will be provided by the VA at levels mutually agreed upon which are compatible with the safety of the patient and personnel and with quality medical care programming. The services to be performed by the contractor will be performed in accordance with VA policies and procedures and the regulations of the medical staff by laws of the VA facility. TERMS OF CONTRACT: This contract is effective one year from date of award plus 4 one-year options that may be exercised by the VA. The contract is subject to the availability of funds. The contractor shall perform no services after September 30 of any year until the Contracting Officer verifies the availability of funds. QUALIFICATIONS: Personnel assigned by the Contractor to perform the services covered by this contract shall be licensed in a State, Territory, or Commonwealth of the United States or the District of Columbia. All licenses held by the personnel working on this contract shall be full and unrestricted licenses. The qualifications of such personnel shall also be subject to review by the VA Chief of Staff and approval by the VA Facility Director. Each person assigned to work under this contract shall be licensed by (insert name of governing or cognizant licensing board). FEDERAL HOLIDAYS: The 10 holidays observed by the Federal Government are: New Years Day Martin Luther King s Birthday Presidents Day Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day AND any other day specifically declared by the President of the United States to be a national holiday INFORMATION SECURITY CLAUSE Security Clause: The C&A requirements do not apply and a security accreditation package is not required. However, the following is to be noted: The contractor, their personnel, and their subcontractors shall be subject to the Federal laws, regulations, standards, and VA Directives and Handbooks regarding information and information system security as delineated in this contract. 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, deemedto 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/subcontractors 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 contractor s/subcontractor s information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA s information is returned to the VA or destroyed in accordance with VA s sanitization requirements. VA reserves the right to conduct on site inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements. c. Prior to termination or completion of this contract, contractor/subcontractor must not destroy information received from VA, or gathered/created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract. d. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract. e. The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed. f. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12. g. If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship. h. The contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated. i. The contractor/subcontractor s firewall and Web services security controls, if applicable, shall meet or exceed VA s minimum requirements. VA Configuration Guidelines are available upon request. j. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA s prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response. k. Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response. l. For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require C&A or an MOU-ISA for system interconnection, the contractor/subcontractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the COTR. 4. SECURITY INCIDENT INVESTIGATION a. The term security incident means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/subcontractor shall immediately notify the COTR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access. b. To the extent known by the contractor/subcontractor, the contractor/subcontractor s notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant. c. With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach. Notifications need to be made in accordance with the executed business associate agreement. d. In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement. The contractor, its employees, and its subcontractors and their employees shall 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/subcontractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident. 5. LIQUIDATED DAMAGES FOR DATA BREACH a. Consistent with the requirements of 38 U.S.C. §5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract. b. The contractor/subcontractor shall provide notice to VA of a security incident as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term data breach means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination. c. Each risk analysis shall address all relevant information concerning the data breach, including the following: (1) Nature of the event (loss, theft, unauthorized access); (2) Description of the event, including: (a) Date of occurrence; (b) Data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code; (3) Number of individuals affected or potentially affected; (4) Names of individuals or groups affected or potentially affected; (5) Ease of logical data access to the lost, stolen or improperly accessed data in light of the degree of protection for the data, e.g., unencrypted, plain text; (6) Amount of time the data has been out of VA control; (7) The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons); (8) Known misuses of data containing sensitive personal information, if any; (9) Assessment of the potential harm to the affected individuals; (10) Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; and (11) Whether credit protection services may assist record subjects in avoiding or mitigating the results of identity theft based on the sensitive personal information that may have been compromised. d. Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the VA liquidated damages in the amount of $37.50 per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following: (1) Notification; (2) One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports; (3) Data breach analysis; (4) Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution; (5) One year of identity theft insurance with $20,000.00 coverage at $0 deductible; and (6) Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs. 6. SECURITY CONTROLS COMPLIANCE TESTING On a periodic basis, VA, including the Office of Inspector General, reserves the right to evaluate any or all of the security controls and privacy practices implemented by the contractor under the clauses contained within the contract. With 10 working-day s notice, at the request of the government, the contractor must fully cooperate and assist in a government-sponsored security controls assessment at each location wherein VA information is processed or stored, or information systems are developed, operated, maintained, or used on behalf of VA, including those initiated by the Office of Inspector General. The government may conduct a security control assessment on shorter notice (to include unannounced assessments) as determined by VA in the event of a security incident or at any other time. 7. TRAINING a. All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and its systems: (1) Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, Appendix E relating to access to VA information and information systems; (2) Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training; (3) Successfully complete the appropriate VA privacy training and annually complete required privacy training; and (4) Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system access [to be defined by the VA program official and provided to the contracting officer for inclusion in the solicitation document e.g., any role-based information security training required in accordance with NIST Special Publication 800-16, Information Technology Security Training Requirements.] b. The contractor shall provide to the contracting officer and/or the COTR a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required. c. Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete. RECORDS MANAGEMENT CLAUSE 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. 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. In accordance with 36 CFR 1222.32, 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. The Department of Veterans Affairs (VA) 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 the VA or destroyed except for 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, Contractor must report to the VA. The agency must report promptly to NARA in accordance with 36 CFR 1230. 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. 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 the VA 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. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4). The Contractor is required to obtain the Contracting Officers 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 the VA guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with the VA policy. The Contractor shall not create or maintain any records containing any non-public the VA information that are not specifically tied to or authorized by the contract. 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. The VA 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 the VA 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. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take the VA-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. (End of SOW) Place of Performance: Address: TBD City - State: Elko, NV Zip Code: 89801 It is anticipated that a firm-fixed price purchase order will be awarded as a result of this synopsis/solicitation. Concerns in the Elko, NV area having the capability to provide these services, with proof of being licensed and certified in the State of Nevada are invited to submit offers in accordance with the requirements stipulated in this solicitation. Should more than one qualified source be identified, award shall be made using comparative evaluation procedures for meeting or exceeding the requirements of this solicitation. The full text of FAR provisions or clauses may be accessed electronically at http://acquisition.gov/comp/far/index.html. The full text of VAAR provisions or clauses may be accessed electronically at https://www.va.gov/oal/library/vaar/index.asp The following FAR solicitation provisions apply to this acquisition: FAR 52.252-1, Solicitation Provisions Incorporated by Reference (Feb 1998) FAR 52.212-1, Instructions to Offerors Commercial Items (Jan 2017) FAR 52.212-2, Evaluation Commercial Items (Oct 2014) FAR 52.212-3, Offerors Representations and Certifications Commercial Items (Jan 2017) Offerors must complete annual representations and certifications on-line at http://www.sam.gov/portal. in accordance with FAR 52.212-3, Offerors Representations and Certifications Commercial Items. The following VAAR solicitation provisions apply to this acquisition: VAAR 852.252-70, Solicitation Provisions or Clauses Incorporated by Reference (Jan 2008) The following FAR contract clauses apply to this acquisition: FAR 52.252-2, Clauses Incorporated by Reference (Feb 1998) FAR 52.212-4, Contract Terms and Conditions Commercial Items (Jan 2017) FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders (Jan 2017) FAR 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2016) (Pub.L. 109-282) (31 U.S.C. 6101 note) FAR 52.209-6, Protecting the Government s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note) FAR 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 657f) FAR 52.222-3, Convict labor (June 2003) (E.O. 11755) FAR 52.222-21, Prohibition of Segregated Facilities (Apr 2015) FAR 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246) FAR 52.222-35, Equal Opportunity for Veterans (Oct 2015) FAR 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793) FAR 52.222-37, Employment Reports on Veterans (Feb 2016) FAR 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627) FAR 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513) FAR 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) FAR 52.232-33, Payment by Electronic Funds Transfer System for Award Management (Jul 2013) (31 U.S.C. 3332) FAR 52.217-8, Option to Extend Services (Nov 1999) Within 30 Days. FAR 52.217-9, Option to Extend the Term of the Contract (Mar 2000)- Within 30 days; with a notice at least 60 Days; 5 Years. The following VAAR contract clauses apply to this acquisition: VAAR 852.203-70 Commercial Advertising (Jan 2008) VAAR 852.232-72 Electronic Submission of Payment Requests (Nov 2012) VAAR 852.237-70 Contractor Responsibilities (Apr 1984) All "quoters" shall submit the following: one copy of quote with unit price and extensions for each line item, totaled for each year, and totaled for all. All "quotations shall be sent to the Department of Veterans Affairs, 6900 N. Pecos Road, Building 6 North Las Vegas, NV 89086 via email address at email@example.com. This is an open-market combined synopsis/solicitation for services as defined herein. The government intends to award a purchase order award as a result of this combined synopsis/solicitation to a qualified source, and that will include the terms and conditions as set forth herein. Submission shall be received not later than 14:00 PDT on 30 November 2018 at Department of Veterans Affairs, 6900 N. Pecos Road, Building 6 North Las Vegas, NV 89086. Email quotes to firstname.lastname@example.org. Late submissions shall be treated in accordance with the solicitation provision at FAR 52.212-1(f). Any questions or concerns regarding this solicitation should be forwarded in writing via e-mail to the contract specialist, Thomas McLain at email address: email@example.com. All questions regarding this solicitation are required to be submitted not later than 16:00 PDT on 29 November 2018 in order to render a response prior to the closing date and time of this solicitation. Point of Contact Contract Specialist: Thomas McLain, (702) 791-9000 x 18929, email: firstname.lastname@example.org. (End of Combined Notice) NOTE: THIS NOTICE WAS NOT POSTED TO FEDBIZOPPS ON THE DATE INDICATED IN THE NOTICE ITSELF (26-NOV-2018); HOWEVER, IT DID APPEAR IN THE FEDBIZOPPS FTP FEED ON THIS DATE. PLEASE CONTACT 877-472-3779 or email@example.com REGARDING THIS ISSUE.
POC Thomas McLain 702-791-9000 x18929
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