Loren Data's SAM Daily™

FBO DAILY - FEDBIZOPPS ISSUE OF APRIL 12, 2017 FBO #5619
DOCUMENT

Q -- LCSWs for Mobile Crisis Management Team - Attachment

Notice Date

4/10/2017
 

Notice Type

Attachment
 

NAICS

621112 — Offices of Physicians, Mental Health Specialists
 

Contracting Office

Department of Veterans Affairs;VA Sierra Pacific Network (VISN 21);VA Northern California HealthCare System;5342 Dudley Blvd, Bldg 209;McClellan CA 95652-2609
 

ZIP Code

95652-2609
 

Solicitation Number

VA26117Q0454
 

Response Due

4/21/2017
 

Archive Date

5/1/2017
 

Point of Contact

Jon Ursino
 

Small Business Set-Aside

N/A
 

Description

THIS IS A SOURCES SOUGHT NOTICE (a) This Sources Sought announcement is issued to collect source information and further market research to make an appropriate proposed acquisition decision. (b) The announcement is neither a solicitation announcement nor a request for proposal or quote. (c) The government is not obligated nor will it pay for or reimburse any costs associated with responding to this sources sought synopsis request. (d) This notice shall not be construed as a commitment by the Government to issue a solicitation or ultimately award a contract, nor does it restrict the Government to a specific acquisition approach. (e) Any information received from a contractor in response to this Sources Sought may be used in creating a solicitation. Information received which is marked with a statement, such as proprietary or confidential, intended to restrict distribution will not be distributed outside of the Government, except as required by law. (f) Include any contract vehicle information your firm has available to the Department of Veterans Affairs such as an FSS schedule. (g) Contractors shall complete the Price-Cost Schedule for the purpose of market research. (h) All responses are due by email on or before April 2017 at 9:00 PM Pacific time. Send your email response to jonathan.ursino@va.gov. See description of the proposed requirement below. Responsible sources are encouraged to submit a response to this notice which includes, at a minimum, the following information. Company name Company Mailing Address Points of Contact, including email address and fax number Socio-Economic standing. i.e., Small/large business, HUBzone, Woman-owned, Service Disabled Veteran-Owned Business, Veteran Owned, Section 8(a), etc. as it relates to NAICS code 621112 $11 Million. Any additional information and/or comments. Veterans First Contracting Program and the VA Rule of Two (Kingdomware v. United States) 38 U.S.C. 8127 - 8128: Service-disabled veteran owned small business (SDVOSB) or Veteran owned small business (VOSB) concern must be registered and verified in VA's Vendor Information Pages (VIP) database at www.vip.vetbiz.gov to be eligible for award as a SDVOSB or VOSB if/when a solicitation is issued for this requirement as a SDVOSB or VOSB set aside. A.1 PRICE/COST SCHEDULE ITEM INFORMATION Description of Supplies/Services Quantity Price Total Amount On-Call Licensed Clinical Social Workers to provide Mental Health Evaluations Base Period of Performance 130 On-Call Licensed Clinical Social Workers to provide Mental Health Evaluations Year 1 260 each year On-Call Licensed Clinical Social Workers to provide Mental Health Evaluations Year 2 260 each year On-Call Licensed Clinical Social Workers to provide Mental Health Evaluations Year 3 260 each year On-Call Licensed Clinical Social Workers to provide Mental Health Evaluations Year 4 260 each year Period of Performance: Base Period of Performance: June 1, 2017 - Sep 30, 2017 Year 1: October 1, 2017 September 30, 2018 Year 2: October 1, 2018 September 30, 2019 Year 3: October 1, 2019 September 30, 2020 Year 4: October 1, 2020 September 30, 2021 Delivery shall be to: The contractor shall provide licensed independent mental health professionals for VA Northern California Health Care System s (VANCHCS) Emergency Department (ED) at Sacramento VA Medical Center at Mather, California. Located at 10535 Hospital Way, Mather, CA 95655. Offerors shall be registered in the System for Award Management (SAM) prior to award. Registration information is located at www.sam.gov. PERFORMANCE WORK STATEMENT MOBILE CRISIS TEAM REQUIREMENTS GENERAL 1.1 Service Provided: The Contractor shall provide a mobile crisis team to be available on an as-needed basis. This team will consist of Licensed Clinical Social Workers that must be skilled in conducting Mental Health crisis evaluations for voluntary and/or involuntary admission to inpatient psychiatry for VA patients in accordance with all terms, conditions, provisions, schedules and specifications herein. 1.2 Authority: Title 38 USC 8153, Health Care Resources (HCR) sharing Authority. 1.3 Policy/Handbooks - the contractor shall be subject to the following policies, including any subsequent updates during the period of performance: VHA Directive 1605.1: Privacy and Release of Information https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=3233 VA Directive 1663: Health Care Resources Contracting - Buying http://www1.va.gov/vapubs/viewPublication.asp?Pub_ID=347 VHA Directive 2006-041: Veterans Health Care Service Standards (expired but still in effect pending revision) https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=1443 VHA Handbook 1100.17: National Practitioner Data Bank Reports - http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=2135 VHA Handbook 1100.18 Reporting and Responding to State Licensing Boards - http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=1364 VHA Handbook 1100.19 Credentialing and Privileging - http://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=2910 VHA Handbook 1907.01 Health Information Management and Health Records: https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=3088 Privacy Act of 1974 (5 U.S.C. 552a) as amended http://www.justice.gov/oip/foia_updates/Vol_XVII_4/page2.htm 1.3 Definitions/Acronyms- Terms used in this contract shall be interpreted as follows unless the context expressly requires a different construction and/or interpretation. In case of a conflict in language between the Definitions and other sections of this contract, the language in this section shall govern. AOD: Admitting Officer of the Day BLS: Basic Life Support CDC: Centers for Disease Control and Prevention CEU: Certified Education Unit CME: Continuing Medical Education CMS: Centers for Medicare and Medicaid Services Contracting Officer (CO): The person executing this contract on behalf of the Government with the authority to enter into and administer contracts and make related determinations and findings. Contracting Officer s Representative (COR): A person appointed by the CO to take necessary action to ensure the Contractor performs in accordance with and adheres to the specifications contained in the contract and to protect the interest of the Government. The COR shall report to the CO promptly any indication of non-compliance in order that appropriate action can be taken. COS: Chief of Staff Credentialing: Credentialing is the systematic process of screening and evaluating qualification and other credentials, including licensure, required education, relevant training and experience and current competence and health status. DEA: Drug Enforcement Agency ED: Emergency Department FSMB: Federation of State Medical Boards HHS: Department of Health and Human Services HICPAC: Healthcare Infection Control Practices Advisory Committee HIPAA: Health Insurance Portability and Accountability Act ISO: Information Security Officer LCSW: Licensed Clinical Social Worker MH: Mental Health National Provider Identifier (NPI): NPI is a standard, unique 10-digit numeric identifier required by HIPAA. The Veterans Health Administration must use NPIs in all HIPAA-standard electronic transactions for individual (health care practitioners) and organizational entities (medical centers). OIG: Office of Inspector General OSHA: Occupational Safety and Health Administration NPPES: National Plan and Provider Enumeration System POP: Period of Performance PPD: Purified Protein Derivative PWS: Performance Work Statement Privileging (Clinical Privileging): Privileging is the process by which a practitioner, licensed for independent practice; e.g., without supervision, direction, required sponsor, preceptor, mandatory collaboration, etc.; is permitted by law and the facility to practice independently, to provide specific medical or other patient care services within the scope of the individual s license, based upon the individual s clinical competence as determined by peer references, professional experience, health status, education, training and licensure. Clinical privileges must be facility-specific and provider-specific. QASP: Quality Assurance Surveillance Plan VAAR: VA Acquisition Regulation Veterans Health Administration (VHA): The central office for administration of the VA medical centers through throughout the United States. The VHA is located in Washington, D.C. VANCHCS : Unless identified with the name of a different VA medical Center, for purposes of this contract, this term shall mean VA Northern California Health Care System. 2 QUALIFICATIONS: 2.1 Staff/Facility 2.1.1 License: Contract LCSW(s) assigned by the Contractor to perform the services covered by this contract shall have a current license. All licenses held by the personnel working on this contract shall be full and unrestricted licenses. Contract LCSW(s) who have current, full and unrestricted licenses in one or more states, but who have, or ever had, a license restricted, suspended, revoked, voluntarily revoked, voluntarily surrendered pending action or denied upon application will not be considered for the purposes of this contract. 2.1.2 Board Certification: All contracts LCSW s may be board certified by the American Board of Clinical Social Workers but are not required to be. All contract LCSW s must be currently certified in Basic Life Support (BLS). 2.1.3 Credentialing and Privileging: Credentialing and privileging is to be done in accordance with the provisions of VHA Handbook 1100.19 referenced above. The Contractor is responsible to ensure that proposed LCSW(s) possess the requisite credentials enabling the granting of privileges. No services shall be provided by any contract LCSW(s) prior to obtaining approval by the VANCHCS Professional Standards Board, Medical Executive Board and Medical Center Director. 2.1.3.1 If a contract LCSW(s) are not credentialed and privileged or has credentials/privileges suspended or revoked, the Contractor shall furnish an acceptable substitute without any additional cost to the government. 2.1.4 Technical Proficiency: Contract LCSW(s) shall be technically proficient in the skills necessary to fulfill the government s requirements, including the ability to speak, understand, read and write English fluently. Contractor shall provide documents upon request of the CO/COR to verify current and ongoing competency, skills, certification and/or licensure related to the provision of care, treatment and/or services performed. Contractor shall provide verifiable evidence of all educational and training experiences including any gaps in educational history for all contract LCSW(s) and contract LCSW(s) shall be responsible for abiding by the Facility's Medical Staff By-Laws, rules, and regulations (referenced herein) that govern medical staff behavior. 2.1.5 Continuing Medical Education (CME)/ Certified Education Unit (CEU) Requirements: Contractor shall provide the MH Service s designated Program Support Assistant with copies of current CMEs as required or requested by the VANCHCS Contract LCSW(s) registered or certified by national/medical associations shall continue to meet the minimum standards for CME to remain current. Contractor shall report CME hours to the credentials office for tracking. These documents are required for both privileging and re-privileging. Failure to provide shall result in loss of privileges for contract LCSW(s). 2.1.6 Standard Personnel Testing (PPD, etc.): Contractor shall provide proof of the following tests for LCSWs within five (5) calendar days after contract award and prior to the first duty shift to the MH Service s designated Program Support Assistant and Contracting Officer. Tests shall be current within the past year. 2.1.6.1 TUBERCULOSIS TESTING: Contractor shall provide proof of a negative reaction to PPD testing for all contract LCSW(s). A negative chest radiographic report for active tuberculosis shall be provided in cases of positive PPD results. The PPD test shall be repeated annually. 2.1.6.2. RUBELLA TESTING: Contractor shall provide proof of immunization for all contract LCSW(s) for measles, mumps, rubella or a rubella titer of 1.8 or greater. If the titer is less than 1.8, a rubella immunization shall be administered with follow-up documentation to the MH Service s designated Program Support Assistant. 2.1.6.3. VARICELLA (CHICKEN POX) or, if unknown, results of a varicella antibody test. If non-immune, must be vaccinated with Varivax (Chicken Pox). 2.1.6.4. OSHA REGULATION CONCERNING OCCUPATIONAL EXPOSURE TO BLOODBORNE PATHOGENS: Contractor shall provide generic self-study training for all contract LCSW(s); provide their own Hepatitis B vaccination series at no cost to the VA if they elect to receive it; maintain an exposure determination and control plan; maintain required records; and ensure that proper follow-up evaluation is provided following an exposure incident. The VANCHCS shall notify the Contractor of any significant communicable disease exposures as appropriate. Contractor shall adhere to current Center for Disease Control/Healthcare Infection Control Practices Advisory Committee (CDC/HICPAC) Guideline for Infection Control in health care personnel (as published in American Journal for Infection Control- AJIC 1998; 26:289-354 http://www.cdc.gov/hicpac/pdf/InfectControl98.pdf ) for disease control. Contractor shall provide follow up documentation of clearance to return to the workplace prior to their return. 2.1.7. National Provider Identifier (NPI): NPI is a standard, unique 10-digit numeric identifier required by HIPAA. The Veterans Health Administration must use NPIs in all HIPAA-standard electronic transactions for individual (health care practitioners) and organizational entities (medical centers). The Contractor shall have or obtain appropriate NPI and if pertinent the Taxonomy Code confirmation notice issued by the Centers for Medicare and Medicaid Services (CMS) National Plan and Provider Enumeration System (NPPES) be provided to the Contracting Officer with the proposal. 2.1.8 DEA (as required) - Contractor shall provide copy of current DEA certificate. 2.1.9 Conflict of Interest: The Contractor and all contract LCSW(s) are responsible for identifying and communicating to the CO and COR conflicts of interest at the time of proposal and during the entirety of contract performance. At the time of proposal, the Contractor shall provide a statement which describes, in a concise manner, all relevant facts concerning any past, present, or currently planned interest (financial, contractual, organizational, or otherwise) or actual or potential organizational conflicts of interest relating to the services to be provided. The Contractor shall also provide statements containing the same information for any identified consultants or subcontractors who shall provide services. The Contractor must also provide relevant facts that show how it s organizational and/or management system or other actions would avoid or mitigate any actual or potential organizational conflicts of interest. These statements shall be in response to the VA Acquisition Regulation (VAAR) provision 852.209-70 Organizational Conflicts of Interest (Jan 2008) and fully outlined in response to the subject attachment in Section D of the solicitation document. 2.1.10 Citizenship related Requirements: 2.1.10.1 The Contractor certifies that the Contractor shall comply with any and all legal provisions contained in the Immigration and Nationality Act of 1952, As Amended; its related laws and regulations that are enforced by Homeland Security, Immigration and Customs Enforcement and the U.S Department of Labor as these may relate to non-immigrant foreign nationals working under contract or subcontract for the Contractor while providing services to Department of Veterans Affairs patient referrals; 2.1.10.2 While performing services for the Department of Veterans Affairs, the Contractor shall not knowingly employ, contract or subcontract with an illegal alien; foreign national non-immigrant who is in violation their status, as a result of their failure to maintain or comply with the terms and conditions of their admission into the United States. Additionally, the Contractor is required to comply with all E-Verify requirements consistent with Executive Order 12989 and any related pertinent Amendments, as well as applicable Federal Acquisition Regulations. 2.1.10.3 If the Contractor fails to comply with any requirements outlined in the preceding paragraphs or its Agency regulations, the Department of Veterans Affairs may, at its discretion, require that the foreign national who failed to maintain their legal status in the United States or otherwise failed to comply with the requirements of the laws administered by Homeland Security, Immigration and Customs Enforcement and the U.S Department of Labor, shall be prohibited from working at the Contractor s place of business that services Department of Veterans Affairs patient referrals; or other place where the Contractor provides services to veterans who have been referred by the Department of Veterans Affairs; and shall form the basis for termination of this contract for breach. 2.1.10.4 This certification concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under 18 U.S.C. 1001. 2.1.10.5 The Contractor agrees to obtain a similar certification from its subcontractors. The certification shall be made as part of the offerors response to the Request for Proposal (RFP) using the subject attachment in Section D of the solicitation document. 2.1.11 Annual Office of Inspector General (OIG) Statement: In accordance with HIPAA and the Balanced Budget Act (BBA) of 1977, the Department of Health and Human Services (HHS) Office of Inspector General (OIG) has established a list of parties and entities excluded from Federal health care programs. Specifically, the listed parties and entities may not receive Federal Health Care program payments due to fraud and/or abuse of the Medicare and Medicaid programs. 2.1.11.1 Therefore, Contractor shall review the HHS OIG List of Excluded Individuals/Entities on the HHS OIG web site at http://oig.hhs.gov/exclusions/index.asp to ensure that the proposed contract LCSW(s) are not listed. Contractor should note that any excluded individual or entity that submits a claim for reimbursement to a Federal health care program, or causes such a claim to be submitted, may be subject to a Civil Monetary Penalty (CMP) for each item or service furnished during a period that the person was excluded and may also be subject to treble damages for the amount claimed for each item or service. CMP s may also be imposed against the Contractor that employ or enter into contracts with excluded individuals to provide items or services to Federal program beneficiaries. 2.1.11.2 By submitting their proposal, the Contractor certifies that the HHS OIG List of Excluded Individuals/Entities has been reviewed and that the Contractors are and/or firm is not listed as of the date the offer/bid was signed. 2.2 Clinical/Professional Direction: The qualifications of Contractor personnel are subject to review by VANCHCS Chief of Staff or his/her clinical designee and approval by the VANCHCS Medical Center Director as provided in VHA Handbook 1100.19. Clinical/Professional direction of all clinical personnel covered by this contract will be provided by the VANCHCS COS and/or the Chief of the Service or his designee. A COR may be appointed, however, only the CO is authorized to consider any contract modification request and/or make changes to the contract during the administration of the resultant contract. 2.3 Non Personal Healthcare Services: The parties agree that the Contractor and all contract LCSW(s) shall not be considered VA employees for any purpose. 2.4 Inherent Government Functions: Contractor and Contract LCSW(s) shall not perform inherently governmental functions. This includes, but is not limited to, determination of agency policy, determination of Federal program priorities for budget requests, direction and control of government employees (outside a clinical context), selection or non-selection of individuals for Federal Government employment including the interviewing of individuals for employment, approval of position descriptions and performance standards for Federal employees, approving any contractual documents, approval of Federal licensing actions and inspections, and/or determination of budget policy, guidance, and strategy. 2.5 No Employee status: The Contractor shall be responsible for protecting Contract LCSW(s) furnishing services. To carry out this responsibility, the Contractor shall provide or certify that the following is provided for all their staff providing services under the resultant contract: 2.5.1 Workers compensation 2.5.2 Professional liability insurance 2.5.3 Health examinations 2.5.4 Income tax withholding, and 2.5.5 Social security payments. 2.6 Tort Liability: The Federal Tort Claims Act does not cover Contractor or contract LCSW(s). When a Contractor or contract LCSW has been identified as a provider in a tort claim, the Contractor shall be responsible for notifying their legal counsel and/or insurance carrier. Any settlement or judgment arising from a Contractor s (or contract LCSW(s)) action or non-action shall be the responsibility of the Contractor and/or insurance carrier. 2.7 Key Personnel: 2.7.1 Due to the contractor being on-call and not knowing when patients will come in requiring the service, the VA Full Time Equivalency (FTE) for the services approximately required is approximately 0.25 VA FTE. FTE is defined by VA as a minimum of 80 hours every two weeks and does not include holidays. 2.8 Emergency Substitutions: During the first ninety (90) calendar days of performance, the Contractor shall make NO substitutions of key personnel unless the substitution is necessitated by illness, death or termination of employment. The Contractor shall notify the CO, in writing, within 15 calendar days after the occurrence of any of these events and provide the information required below. After 90 days, the Contractor shall submit the information required below to the CO at least 15 calendar days prior to making any permanent substitutions. 2.8.1 The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the CO. Proposed substitutes shall have comparable qualifications to those of the persons being replaced. The CO will notify the Contractor within 15 calendar days after receipt of all required information of the decision on the proposed substitutes. The contract will be modified to reflect any approved changes of key personnel. 2.8.2 For temporary substitutions where the key person shall not be reporting to work for three (3) consecutive work days or more, the Contractor shall provide a qualified replacement for the key person. The substitute shall have comparable qualifications to the key person. Any period exceeding two weeks will require the procedure as stated above. 2.8.3 The Government reserves the right to refuse acceptance of any Contractor personnel at any time after performance begins, if personal or professional conduct jeopardizes patient care or interferes with the regular and ordinary operation of the facility. Breaches of conduct include intoxication or debilitation resulting from drug use, theft, patient abuse, dereliction or negligence in performing directed tasks, or other conduct resulting in formal complaints by patient or other staff members to designated Government representatives. Standards for conduct shall mirror those prescribed by current federal personnel regulations. Should the VA COS or designee show documented clinical problems or continual unprofessional behavior/actions with any contract LCSW (s), s/he may request, without cause, immediate replacement of said contract LCSW(s). 2.8.4 The CO and COR shall deal with issues raised concerning Contract LCSW(s) conduct. The final arbiter on questions of acceptability is the CO. 2.9 Contingency Plan: Because continuity of care is an essential part of VANCHCS s medical services, The Contractor shall have a contingency plan in place to be utilized if the contract LCSW leaves Contractor s employment or is unable to continue performance in accordance with the terms and conditions of the resulting contract. 3.0 HOURS OF OPERATION 3.1 VA Business Hours: Monday through Friday, 0800-4:30pm 3.2 Work Schedule: LCSW have to be available 40 Hours per week, Monday through Friday, 4:30 pm 8:00 am the next morning, and 24 hours a day on weekends and holidays on- call as needed. 3.3 Federal Holidays: The following holidays are observed by the Department of Veterans Affairs: New Year s Day President s Day Martin Luther King s Birthday Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Christmas Any day specifically declared by the President of the United States to be a national holiday. 3.5 Vacation Leave/Absences: Vacation, leave, or absences shall be paid and responsibility of the contractor. Contract LCSW(s) shall coordinate leave/absences with the Mental Health (MH) Clinic Manager or designee. VANCHCS will only make payment to contractor during holidays for time spent conducting assessments. 3.5.1 Monitoring Procedures: The established productivity standards used for all VANCHCS LCSW(s) shall be used to monitor all Contractor employees. A copy of these standards can be obtained from the appropriate MH staff personnel. 3.6. Cancellations: Unless a state of emergency has been declared or clinics are otherwise cancelled by the VANCHCS, the Contractor shall be responsible for providing services. 4.0 CONTRACTOR RESPONSIBILITIES 4.1 Clinical Personnel Required: The Contractor shall provide Licensed Clinical Social Worker(s) who are competent, qualified per this performance work statement and adequately trained to perform assigned duties. 4.1.1 Contract LCSW(s) shall be responsible for signing in and out when in attendance. Time sheets will be used by the COR to confirm hours/day and services provided against the contractor s invoices. 4.1.2 Contractor employees will maintain a neat personal appearance and maintain professionalism while working at VANCHCS. 4.1.3 The contractor shall provide accurate and reliable contact telephone contact numbers (e.g., single phone number, on-call roster, etc.) for use by emergency room staff to request consultation. 4.1.4 The contractor will evaluate patients who may be considered by emergency room staff as an immediate danger to themselves or others or gravely disabled within 60 minutes of being called by the ED. The contractor and ED staff will determine the need for the contractor to evaluate the patient in the ED. Telephone consults with the contractor may suffice. 4.1.5 The contractor provides written results of the assessment. The contracted provider also completes as needed the Application for 72 Hour Detention for Evaluation and Treatment (MH 302) which is available in the ED. 4.1.6 If admission to the inpatient unit is necessary and appropriate (admission criteria is available in the Appendix to this Performance Work Statement (PSW)), the contractor will inform the ED, and consult with the Psychiatrist or Resident on-call by phone. The ED maintains a rotation schedule and the contact number for the on-call personnel. 4.1.7 Admission may not be appropriate for all patients and discharge disposition should be presented to the ED. For those patients who the contractor determines are in need of hospitalization, but who have medical conditions that preclude admission to the Inpatient Psychiatry Unit, the ED will transfer the patient to the appropriate medical unit with a 1:1 sitter for observation until a medical clearance is completed. A patient can request voluntary admission after evaluation if deemed appropriate by the contracted provider. 4.1.8 The VA Emergency Department is to provide a safe environment for the evaluation with access to a telephone. The ED will also maintain a current roster for the Psychiatrist or Resident on-call. 4.1.9 No patients will be billed for services provided under this contract. 4.1.10 Emergency Health Services - VANCHCS will render emergency health services for an incapacitating injury or otherwise serious illness occurring while on duty. All services, to include wages earned during period of initial medical evaluation provided by VANCHCS, will be reimbursed by the Contractor. The Contractor will furnish VANCHCS with the necessary injury/illness form(s) for reporting purposes. VANCHCS for statistical and/or billing purposes will retain a copy of the complete form(s). 4.1.11 Identification, Parking, Smoking, and VA Regulations - Contractor employees shall wear visible identification provided by VANCHCS at all times while on VANCHCS premises. It is the responsibility of the Contractor employees to park in the appropriate designated parking areas (non-patient parking sections). Information of designated parking areas is available from the Police Station. VANCHCS will not invalidate or make reimbursement for parking violations of the Contractor under any conditions. Smoking is prohibited inside any buildings at VANCHCS. Possession of weapons, illegal drugs or alcohol is prohibited. Enclosed containers, including tool kits, shall be subjected to search. Violations of VANCHCS regulations may result in citation answerable in the United States Federal District Court, not a local district, state, or municipal court. 4.1.12 Contractor certifies that all Contractor employees assigned to work for VANCHCS arecurrent in Universal Precautions and are aware of pertinent Occupational Safety and Health Administration (OSHA) and Universal Precautions Regulations. 4.1.13 Contract employees will have the use of all required equipment, supplies and forms for performing services required by this contract. 4.1.14 Contractor employees who previously received a favorable adjudication as a result of a Government background investigation may be exempt from this contract requirement provided that they can provide documentation to support the previous adjudication. Proof of previous adjudication must be submitted by the Contractor to VA SIC through the VA Contracting Officer. Proof of previous adjudication is subject to verification by the VA SIC. Some positions may be subject to periodic re-investigation 4.1.15 For those Contractor employees who will work less than six (6) months (180 days) under this contract and does not require access to VA computer systems, a background investigation is not required; however, such employees will be required to initiate a SIC for Fingerprint Only prior to providing services under this contract 4.1.16 Position Sensitivity: The position sensitivity has been designated as: Low Risk 4.1.17 Background Investigation: The level of background investigation commensurate with the required level of access is: NACI 4.1.18 Contractor Responsibilities: In order to conduct a background investigation the Contractor shall submit or have their contract personnel submit the following required forms to the MH Administrative Officer. The appropriate Mental Health (MH) staff personnel will arrange a time for contract personnel to complete fingerprint verification. 4.1.18.1 Standard Form 85, Questionnaire for Non-Sensitive Positions 4.1.18.2 Standard Form 86A, Continuation Sheet for Questionnaires 4.1.18.3 Optional Form 306, Declaration for Federal Employment 4.1.18.4 Electronic Fingerprint Verification OR FD 258, U.S. Department of Justice Fingerprint Applicant Chart 4.2 Standards of Care: The contract LCSW(s) care shall cover the range of Psychiatric services as would be provided in a state-of-the-art civilian medical treatment facility and the standard of care shall be of a quality, meeting or exceeding currently recognized national standards as established by: 4.2.1 American Psychiatric Association Guidelines: http://www.psych.org/practice/clinical-practice-guidelines 4.2.2 VA Standards: VHA Directive 2006-041 Veterans Health Care Service Standards (expired but still in effect pending revision) https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=1443 4.2.3 The professional standards of the Joint Commission (TJC) http://www.jointcommission.org/standards_information/standards.aspx 4.2.4 The standards of the American Hospital Association (AHA) http://www.hpoe.org/resources?show=100&type=8 and; 4.2.5 The requirements contained in this Performance Work Statement. 4.2.6 The government may evaluate the quality of professional and administrative services provided, but retains no control over the medical, professional aspects of services rendered (e.g., professional judgments, diagnosis for specific medical treatment). 4.3 RECORDS/PATIENT INFORMATION 4.3.1 Authorities: Contract LCSW (s) providing healthcare services to VA patients shall be considered as part of the Department Healthcare Activity and shall comply with the U.S.C.551a (Privacy Act), 38 U.S.C. 5701 (Confidentiality of claimants records), 5 U.S.C. 552 (FOIA), 38 U.S.C. 5705 (Confidentiality of Medical Quality Assurance Records) 38 U.S.C. 7332 (Confidentiality of certain medical records), Title 5 U.S.C. § 522a (Records Maintained on Individuals) as well as 45 C.F.R. Parts 160, 162, and 164 (HIPAA). 4.3.2 HIPAA: This contract and its requirements meet exception in 45 CFR 164.502(e), and do not require a BAA in order for Covered Entity to disclose Protected Health Information to: a health care provider for treatment. Based on this exception, a BAA is not required for this contract. Treatment and administrative patient records generated by this contract or provided to the Contractors by the VA are covered by the VA system of records entitled Patient Medical Records-VA (24VA10P2). Contractor generated VA Patient records are the property of the VA and shall not be accessed, released, transferred, or destroyed except in accordance with applicable laws and regulations. Contractor shall ensure that all records pertaining to medical care and services are available for immediate transmission when requested by the VA. Records identified for review, audit, or evaluation by VA representatives and authorized federal and state officials, shall be accessed on-site during normal business hours or mailed by the Contractor at his expense. Contractor shall deliver all final patient records, correspondence, and notes to the VA within twenty-one (21) calendar days after the contract expiration date. 4.3.3 Disclosure: Contract LCSWs shall obtain permission from the VA before disclosing any patient information. Subject to applicable federal confidentiality or privacy laws, the Contractor, will be provided the Contractor with a copy of VHA Handbook 1907.1, Health Information management and Health Records and VHA Directive 1605.1, Privacy and Release of Information. The penalties and liabilities for the unauthorized disclosure of VA patient information mandated by the statutes and regulations mentioned above, apply to the Contractor. 4.3.4 Professional Standards for Documenting Care: Care shall be appropriately documented in medical records in accordance with standard commercial practice and guidelines established by VHA Handbook 1907.01 Health Information Management and Health Records: https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=3088 and all guidelines provided by the VANCHCS. 4.3.5 Release of Information: The VA shall maintain control of releasing any patient medical information and will follow policies and standards as defined, but not limited to Privacy Act requirements. In the case of the VA authorizing the Contractor to release patient information, the Contractor in compliance with VA regulations, and at his/her own expense, shall use VA Form 3288, Request for and Consent to Release of Information from Individual s Records, to process Release of Information Requests. In addition, the Contractor shall be responsible for locating and forwarding records not kept at their facility. The VA s Release of Information Section shall provide the Contractor with assistance in completing forms. Additionally, the Contractor shall use VA Form 10-5345a, Individuals Request for and Authorization to Release Medical Records or Health Information, this is used when the Veteran is requesting for their records to be sent to a 3rd party, not just for the release of 38 U.S.C. 7332 information. Treatment and release records shall include the patient s consent form. Completed Release of Information requests will be forwarded to the VA Privacy Officer at the following address: Shannon Caston, VANCHCS (001/PO/FOIA/FF), 103 Bodin Circle, Travis AFB, Fairfield, CA 94535; Phone (707)437-1823. 4.4 DIRECT PATIENT CARE: 95% of the time involved in direct patient care. 4.4.1 Per the contract responsibilities section of this PWS, the Contract Licensed Social Worker(s) (as appropriate and within scope of practice/privileging) shall be responsible for providing Psychiatric assessments. 4.5 ADMINISTRATIVE: up to 5% of time not involved in direct patient care. Forms/paperwork associated with patient care (Evaluation, applications, etc.). 4.6 PERFORMANCE STANDARDS, QUALITY ASSURANCE (QA) AND QUALITY IMPROVEMENT (QI) 4.6.1 Quality Management/Quality Assurance Surveillance: Contractor performance will be monitored by the government using the standards as outlined in this Performance Work Statement (PWS) and methods of surveillance detailed in the Quality Assurance Surveillance Plan (QASP). The QASP shall be attached to the resultant contract and shall define the methods and frequency of surveillance conducted. 4.6.2 Patient Complaints: The CO will resolve complaints concerning Contractor relations with the Government employees or patients. The CO is final authority on validating complaints. In the event that The Contractor is involved and named in a validated patient complaint, the Government reserves the right to refuse acceptance of the services of such personnel. This does not preclude refusal in the event of incidents involving physical or verbal abuse. 4.6.3 The Government reserves the right to refuse acceptance of any Contractor personnel at any time after performance begins, if personal or professional conduct jeopardizes patient care or interferes with the regular and ordinary operation of the facility. Breaches of conduct include intoxication or debilitation resulting from drug use, theft, patient abuse, dereliction or negligence in performing directed tasks, or other conduct resulting in formal complaints by patient or other staff members to designated Government representatives. Standards for conduct shall mirror those prescribed by current federal personnel regulations. The CO and COR shall deal with issues raised concerning Contractor s conduct. The final arbiter on questions of acceptability is the CO. 4.6.4 Performance Standards: 4.6.4.1 Measure: Legal Forms Performance Requirement: Standard: Demonstrates knowledge of California Welfare & Institution codes when completing legal forms. Acceptable Quality Level: Satisfactory rating = No more than 2 validated complaints during rating period. Surveillance Method: 1) Service reports, 2) Supervisor review Frequency: Every six months Incentive: Positive Past Performance Disincentive: Negative Past Performance, (should there be deductions for this standard) 4.6.4.2 Measure: Interpersonal Communication/Customer Service Performance Requirement: Standard: Handles administrative issues professionally with ED staff, other on-call staff, patient, patient s family, and Administrative Officer of the Day (AOD) when called in for assessment or during phone conversations. The upcoming month s on-call schedule will be provided prior to the end of the current month. Faxes all assessment forms completed by contractor to the BHICU whether the patient is admitted or not. Acceptable Quality Level: Satisfactory rating = No more than 2 validated complaints during rating period. Surveillance Method: 1) Service reports, 2) Supervisor review Frequency: Every six months Incentive: Positive Past Performance Disincentive: Negative Past Performance, (should there be deductions for this standard) 4.6.4.3 Measure: Emergency Department Request for Evaluations Performance Requirement: Standard: Mather Emergency Department (ED) will contact on-call Social Worker to complete a psychiatric assessment of a patient that is medically cleared in the Mather ED within 60 minutes. Acceptable Quality Level: Satisfactory rating = No more than two failures to meet the timeline. Surveillance Method: 1) Validated Evaluation Form, 2) Contractor meets availability time frames Frequency: Every six months Incentive: Positive Past Performance Disincentive: Negative Past Performance, (should there be deductions for this standard) 4.6.4.4 Measure: Professionalism Performance Requirement: Training is kept current Standard: Routinely on-time for clinical assignments. Completes required CME in specialty area. Maintains active BLS training. Acceptable Quality Level: Satisfactory rating = 100% during rating period. Surveillance Method: 1) Timecards, 2) Confirmation of current BLS, 3) Attestation of completed CME Frequency: Every six months Incentive: Positive Past Performance Disincentive: Negative Past Performance, (should there be deductions for this standard) 4.6.4.5 Measure: Psychiatric Evaluation Performance Requirement: Data is accurate and timely. Standard: Sound Psychiatric principles are applied. The Behavioral Health Inpatient Care Unit (BHICU) psychiatric admission guidelines will be used to determine if the patient meets psychiatric inpatient, medical admission or neither. Acceptable Quality Level: All (100%) contract LCSW(s) perform within their scope of practice/privileges 100% of the time. No deviations accepted. Surveillance Method: Random Inspection of records. Frequency: Every six months Incentive: Favorable contractor performance evaluation. Disincentive: Unfavorable contractor performance evaluation. Removal from contract until such time the contract LCSW (s) meet qualification standard. Deduction: 4.6.4.6 Measure: Evaluation Forms Performance Requirement: Data is accurate and timely. Standard: Written results of the assessments are completed in a timely manner. The Social Worker will complete the assessment forms and make recommendations to the ED Physician and/or On-call Psychiatrist. HIPAA Privacy and Security Rules apply at all times. Acceptable Quality Level: No more than two failures to complete paperwork. Nor more than two validated complaints or incidents. Surveillance Method: Frequency: Every six months Incentive: Favorable contractor performance evaluation. Disincentive: Unfavorable contractor performance evaluation. Removal from contract until such time the contract LCSW (s) meet qualification standard. Deduction: 4.6.4.7 Measure: Patient Access Performance Requirement: The Contractor shall provide contract LCSW(s) in accordance with the operating hours and VA clinical schedule outlined in this PWS. Standard: All (100%) contract LCSW(s) are on time and available to perform services. Acceptable Quality Level: Contract LCSW is on-time and available to perform services 100% of the time Surveillance Method: Periodic Sampling of Time and Attendance Sheets Frequency: Every three months Incentive: Favorable contactor performance evaluation. Disincentive: Unfavorable contractor performance evaluation, Deduction: 4.6.4.8 Measure: Maintains licensing and registration Performance Requirement: Licensing and registration information kept current. Standard: All (100%) licensing for contract LCSW(s) shall be provided as they are renewed. Licensing and registration information kept current. Acceptable Quality Level: All LCSWs licensing, registrations, and certifications must be kept current 100% of the time and proof provided upon renewal. No acceptable deviation. Surveillance Method: Periodic Sampling and Random Sampling Frequency: Annually Incentive: Favorable contractor performance evaluation. Disincentive: Unfavorable contractor performance evaluation, Deduction: 4.6.4.9 Measure: Privacy, Confidentiality and HIPAA Performance Requirement: Standard: All (100%) contractor LCSW(s) comply with all laws, regulations, policies and procedures relating to Privacy, Confidentiality and HIPAA Acceptable Quality Level: 100% compliance; no deviations. Surveillance Method: Periodic Sampling; Contractor shall provide evidence of annual training required by VANCHCS, reports violations per VA Directive 6500.6. Frequency: Every six months Incentive: Favorable contractor performance evaluation. Disincentive: Unfavorable contactor performance evaluation. Immediate removal from contract Deduction: 5 GOVERNMENT RESPONSIBILITIES 5.1 VA Support Personnel, Services or Equipment: 5.2 Contract Administration/Performance Monitoring: After award of contract, all inquiries and correspondence relative to the administration of the contract shall be addressed to: Barbara Rocha, Program Analyst/COR, Mental Health Service (116/FF), 103 Bodin Circle, Travis AFB, California, 94535, Phone 707-437-1931, Fax 707-437-1974, and email Barbara.rocha2@va.gov. 5.2.1 CO RESPONSIBILITIES: 5.2.1.1 The Contracting Officer is the only person authorized to approve changes or modify any of the requirements of this contract. The Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer is authorized to make commitments or issue any modification to include (but not limited to) terms affecting price, quantity or quality of performance of this contract. 5.2.1.2 The Contracting Officer shall resolve complaints concerning Contractor relations with the Government employees or patients. The Contracting Officer is final authority on validating complaints. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer without authority, no adjustment shall be made in the contract price to cover an increase in costs incurred as a result thereof. 5.2.1.3 In the event that contracted services do not meet quality and/or safety expectations, the best remedy will be implemented, to include but not limited to a targeted and time limited performance improvement plan; increased monitoring of the contracted services; consultation or training for Contractor personnel to be provided by the VA; replacement of the contract personnel and/or renegotiation of the contract terms or termination of the contract. 5.2.2 COR Responsibilities: The COR for this contract is: Barbara Rocha/Program Analyst; Mental Health Service (116/FF), 103 Bodin Circle, Travis Air Force Base, California 94535; Phone 707-437-1931; Email barbara.rocha2@va.gov. 5.2.2.1. The COR shall be the VA official responsible for verifying contract compliance. After contract award, any incidents of Contractor noncompliance as evidenced by the monitoring procedures shall be forwarded immediately to the Contracting Officer. 5.2.2.2. The COR will be responsible for monitoring the Contractor s performance to ensure all specifications and requirements are fulfilled. Quality Improvement data that will be collected for ongoing monitoring includes but is not limited to: enter data that may be collected. 5.2.2.3. The COR will maintain a record-keeping system of services. The COR will review this data monthly when invoices are received and certify all invoices for payment by comparing the hours documented on the VA record-keeping system and those on the invoices. Any evidence of the Contractor's non-compliance as evidenced by the monitoring procedures shall be forwarded immediately to the Contracting Officer. 5.2.2.4. The COR will review and certify monthly invoices for payment. If in the event the Contractor fails to provide the services in this contract, payments will be adjusted to compensate the Government for the difference. 5.2.2.5. All contract administration functions will be retained by the VA. 6 SPECIAL CONTRACT REQUIREMENTS 6.1 Reports/Deliverables: The Contractor shall be responsible for complying with all reporting requirements established by the Contract. Contractor shall be responsible for assuring the accuracy and completeness of all reports and other documents as well as the timely submission of each. Contractor shall comply with contract requirements regarding the appropriate reporting formats, instructions, submission timetables, and technical assistance as required. 6.1.1 The following are brief descriptions of required documents that must be submitted by Contractor: upon award; weekly; monthly; quarterly ; annually, etc. identified throughout the PWS and is provided here as a guide for Contractor convenience. If an item is within the PWS and not listed here, the Contractor remains responsible for the delivery of the item. What Submit as noted Submit To Quality Control Plan: Description and reporting reflecting the contractor s plan for meeting of contract requirements and performance standards Upon proposal and as frequently as indicated in the performance standards. Contracting Officer Copies of any and all licenses to include primary source verification of all licensed staff Upon proposal and upon renewal of licenses and upon renewal of option periods or change of key personnel. Contracting Officer Certification that staff list have been compared to OIG list Upon proposal and upon new hires. Contracting Officer Proof of Indemnification and Medical Liability Insurance Upon proposal and upon renewals. Contracting Officer BLS Certification Upon award and every two years after award. COR Contingency plan Upon proposal and as updated COR 6.2 Billing: 6.2.1 Invoice requirements and supporting documentation: Supporting documentation and invoice must be submitted no later than the 20th workday of the month. Invoices and supporting documentation must be faxed to (707) 437-1974 with a coversheet addressed to Mental Health Service, Attn: Barbara Rocha for review and approval prior to submitting to Tungsten. Subsequent changes or corrections shall be submitted by separate invoice. In addition to information required for submission of a proper invoice in accordance with FAR 52.212-4 (g), all invoices must include: 6.2.1.1 Name and Address of Contractor 6.2.1.2 Invoice Date and Invoice Number 6.2.1.3 Contract Number, Obligation Number and Purchase/Task Order Number 6.2.1.4 Date of Service 6.2.1.5 Contract LCSW(s) 6.2.1.6 Hourly Rate 6.2.1.7 Quantity of hours worked 6.2.1.8 Total price 6.3 Vendor Electronic Invoice Submission Methods: Facsimile, e-mail, and scanned documents are not acceptable forms of submission for payment requests. Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods below: 6.3.1 VA s Electronic Invoice Presentment and Payment System The FSC uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission. Please go to this website: http://www.tungsten-network.com/ to begin submitting electronic invoices, free of charge. 6.3.2 A system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) chartered by the American National Standards Institute (ANSI). The X12 EDI Web site (http://www.x12.org ). 6.3.3 The Contract may contact FSC at the phone number or email address listed below with any questions about the e-invoicing program or Tungsten: 6.3.3.1. Tungsten e-Invoice Setup Information: 1-877-489-6135 6.3.3.2. Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com 6.3.3.3. FSC e-Invoice Contact Information: 1-877-353-9791 6.3.3.4. FSC e-invoice email: vafsccshd@va.gov 6.4 Payment Adjustments/Performance Related Payment Deductions: 6.4.1 Invoices. The contractor shall be paid only for actual work performed onsite. Contract providers shall be responsible for reporting time worked accurately. The Contract shall be paid for actual hours performed. 6.5 Payments in full/no billing VA beneficiaries: The Contractor shall accept payment for services rendered under this contract as payment in full. VA beneficiaries shall not under any circumstances be charged nor their insurance companies charged for services rendered by the Contractor, even if VA does not pay for those services. This provision shall survive the termination or ending of the contract. 6.5.1 To the extent that the Veteran desires services which are not a VA benefit or covered under the terms of this contract, the Contractor must notify the Veteran that there will be a charge for such service and that the VA will not be responsible for payment. 6.5.2 The Contractor shall not bill, charge, collect a deposit from, seek compensation, remuneration, or reimbursement from, or have any recourse against, any person or entity other than VA for services provided pursuant to this contract. It shall be considered fraudulent for the Contractor to bill other third party insurance sources (including Medicare) for services rendered to Veteran enrollees under this contract. APPENDIX Admission guidelines for the psychiatric inpatient unit Admission guidelines for the psychiatric inpatient unit may include one or more of the following based on the clinical reasoning of the Mental Health professional: Suicide attempt Self-mutilating behavior and poor impulse control with one or more of the following: Delusions or command hallucinations. Unavailable or inadequate support system. Suicidal or Homicidal threat or ideation with one or more of the following: Command hallucinations. Assaultive or threatening behavior of less than 2 weeks duration. Manic mood. Psychotic symptoms. Refusal to communicate. Serious plans or means. Suicide attempt within last 6 months. Manic or depressed mood with one or more of the following: Suicide attempt. Psychotic symptoms. Active alcohol or substance abuse and depression in function. Assaultive or threatening behavior. Deterioration in functioning and unavailable or inadequate support system. Medication noncompliance with deterioration in functioning and lack of adequate support system. Psychotic symptoms with one or more of the following: 5.1 Active alcohol or other substance abuse and deterioration in function. 5.2 Assaultive or threatening behavior. 5.3 Psychotic depression. 5.4 Destructive behavior toward property of clinically significant proportion. 5.5 Medication noncompliance with deterioration in functioning and lack of adequate support system. 5.6 Suicide attempt within the last month. Labs: The following labs should be available or ordered stat for patient in need of an urgent evaluation and possible psychiatric hospitalization: Comprehensive Medical Panel (i.e. must include LFTs) CBC with diff U/A Urine drug and alcohol screen Medication levels as appropriate (e.g. lithium, valproic acid, ASA, acetaminophen, etc.) EKG as appropriate Medical conditions that may be accepted on a case by case basis include: Closed healed colostomies. Ileostomies under the conditions that the patient can provide self-care without supervision. Healed tracheotomies under the condition the patient is able to provide self-care without supervision. Minor wounds requiring simple dressing changes. Non-ambulatory or lacking supportive devices: must be able, with assistance to walk or to wheel self to or from building in an emergency. Patient must demonstrate the ability to transfer on their own. Patients requiring orthopedic devices such as canes or crutches. C-PAP or other electronic equipment for sleep apnea and not on any machines which needs plugging into walls. This requires 1:1 sitter during sleeping. Minor respiratory treatments such as nebulizer treatments/inhalers. Splints/slings. Use of Holter Monitor. Limb prosthesis and other special prosthesis or equipment. A VA patient in the emergency department will receive a psychiatric evaluation for admission as requested. This admission could be to the VA 10-bed inpatient psychiatric unit or if medically indicated to a medical unit with 1:1 observation. Exclusion Criteria for this 10-bed general inpatient psychiatry unit are veterans who require nursing care activities such as IV therapy, major dressings, catheterization, total assistance with activities of daily living or whose medical condition requires equipment not established as safe in a locked psychiatric unit. Individuals with major mental disorders shall not be admitted to the PICU if their treatment requires medical interventions more than outpatient levels of care. Medical conditions which preclude admission to this psychiatric facility include: Primary diagnosis of: Dementia Delirium Substance intoxication or withdrawal Developmental disability; IQ lower than 70 with significant functional impairment. Severe mental retardation or organic mental disorder such as dementia resulting in patient s inability to participate in or benefit from the inpatient program. Medical instability including but not limited to: 10.1 Active tuberculosis and communicable disease requiring isolation, negative flow, or other extraordinary infection control. 10.2 Unstable vital signs, including: 10.2.1 Pulse greater than120 beats/minute or less than 50. Irregular (rapid and thread) 10.2.2 Systolic blood pressure greater than 200 mmhg or below 80 10.2.3 Diastolic blood pressure greater than 110 mmhg or below 50 10.2.4 Combination 200/90 or 90/50 10.2.5 Respirations above 30 or below 12. 10.2.6 Temperature above 101F. Blood sugar level greater than 300. 10.2.8 Blood alcohol levels greater than 0.10. Patient must also be alert, oriented and conversant. 11. Specifically required medical needs (varies depending on type of facility) can pose safety issues or require staff skills outside usual psychiatric nursing care cannot be admitted. Some examples are given below: 11.1 Bed-ridden or total care patients. 11.2 Inability to transfer self independently from bed to chair and vice versa 11.3 Need for specialized medical equipment (e.g.: ventilators, positive-pressure machines). Need for constant oxygen. IV s/central lines. Feeding tubes. In-dwelling Foley catheters. Need for chest or other in-dwelling tube care. Obvious signs of trauma. Altered level of consciousness SECURITY CLAUSES 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. 5. LIQUIDATED DAMAGES FOR DATA BREACH 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. 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. 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. TRAINING 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: 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; Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training; Successfully complete the appropriate VA privacy training and annually complete required privacy training; and 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.] 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. 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. 7. SECURITY REQUIREMENTS FOR UNCLASSIFIED INFORMATION TECHNOLOGY RESOURCES 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.
 

Web Link

FBO.gov Permalink
(https://www.fbo.gov/spg/VA/VANCHCS/VANCHCS/VA26117Q0454/listing.html)
 

Document(s)

Attachment
 

File Name: VA261-17-Q-0454 VA261-17-Q-0454_1.docx (https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=3404997&FileName=VA261-17-Q-0454-000.docx)

Link: https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=3404997&FileName=VA261-17-Q-0454-000.docx

 

Note: If links are broken, refer to Point of Contact above or contact the FBO Help Desk at 877-472-3779.
 

Place of Performance

Address: 10535 Hospital Way;Mather, CA

Zip Code: 95655
 

Record

SN04466137-W 20170412/170410235558-73df2bf0452368d9c8ba57877473ad64 (fbodaily.com)
 

Source

FedBizOpps Link to This Notice
(may not be valid after Archive Date)

---

| FSG Index  |  This Issue's Index  |  Today's FBO Daily Index Page |