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R -- POKUS (VA-19-00037572) Please provide socioeconomic status This is a request for information only, please only respond if your company can provide the services.
- Notice Date
- 4/16/2019
- Notice Type
- Synopsis
- NAICS
- 611430
— Professional and Management Development Training
- Contracting Office
- Department of Veteran Affairs;PCAC-ST. LOUIS;4401-D Meramec Bottom Rd;Saint Louis MO 63129
- ZIP Code
- 63129
- Solicitation Number
- 36C77619Q0101
- Response Due
- 4/18/2019
- Archive Date
- 4/23/2019
- Point of Contact
- responses are due by 12pmCDT
- Small Business Set-Aside
- N/A
- Description
- EMPLOYEE EDUCATION SYSTEM (EES) PERFORMANCE WORK STATEMENT (PWS) HUMs and SPs Support Page 15 of 18 Acquisition Sensitive SimLEARN Hums and SPs support 1. Title of Contract: HUMS and SPs to support POCUS and MSK programs at SimLEARN. 2. Background: The Employee Education System focuses on national education projects, which address the clinical education needs of VHA employees. SimLEARN has many functional areas that include training, measurement and evaluation, and curriculum development. 3. Scope of Work: The contractor shall provide all labor, supervision, and other resources required to perform on-site services at SimLEARN. The work requires sitting, standing, walking, and bending of body parts. Objective: Provide SimLEARN specific support service train VHA Medical personnel in Ultrasound and Musculoskeletal evaluation procedures. 4. Tasks and Deliverables: The Contractor shall perform the mandatory tasks and provide the specific deliverables described below within the performance period stated in this Performance Work Statement (PWS). If, for any reason, any deliverable cannot be delivered on time according to the below schedule, the Contractor shall provide a written explanation to the Contracting Officer s Representative (COR) 30 days prior to deliverable due date. This transmittal to the COR shall cite the reasons for the delay and the impact on the overall project. The Contractor shall not commit or permit any act that interferes with the performance of work awarded to another Contractor or with the performance of Government employees. In any case where, in the course of fulfilling the contract requirements, the Contractor disturbs any work guaranteed under another separate contract, the Contractor must restore such disturbed work. Task 4.1: The contractor shall provide Human Ultrasound Models. Deliverable 4.1: The HUMs shall be utilized for examination procedures to include but not limited to the following: Examination of the chest wall to include, but not limited to heart and lungs, but excluding female breast exam. Heart and lung examinations shall require the female breast to be adjusted or manipulated to obtain appropriate views Examination of the abdomen Examination of lower extremities excluding male/female genitals Examination of upper extremities Examination of face and neck Examination of back UM Health Issue Exclusions. Health issues which exclude an individual from meeting HUM requirements shall be identified in the individual order. The following exclusions are not permitted: To avoid complications with conducting ultrasound examination, HUM s shall not have a Body Mass Index (BMI) of 25 or higher. BMI measurements are defined by the Centers for Disease Control and Prevention (CDC), http://www.cdc.gov/healthyweight/assessing/bmi/adult_bmi/english_bmi_calculator/bmi_calculator.html Any Intraabdominal Surgery (excluding appendectomy) Any Thoracic Surgery / Cardiac Surgery (open heart) Females with hysterectomy Joint or limb surgery, including replacement and amputations Any deformities shall be coordinated with SimLEARN faculty before assignment Task 4.2: The contractor shall provide Standardized Patients. Deliverable 4.2: The Standardized Patients shall be utilized for examination of Shoulder, leg, back, neck and other musculoskeletal (MSK) problems. 5. Post Award Meeting: The Government intends to hold a Post Award Meeting with the SimLEARN faculty, Program Managers, COR, and the Contractor. The Government shall schedule the Post Award Meeting within 5 calendar days after contract award, or as agreed upon between the COR and the Contractor. 6. Task Order Deliverables and Milestones Deliverable Description Quantity Due Date 4.1 Human Ultrasound Model 4 21-23 May 2019 18-20 Jun 2019 27-29 Aug 2019 4.2 Standardized Patient 3 25-26 Jun 2019 30-31 July 2019 27-28 Aug 2019 4.1 HUMs Day Quantity Time 1 4 0800 AM - 4:00 PM (30 min lunch) 2 4 8:15 AM - 4:15 PM (30 min lunch) 3 4 8:15 AM - 10:15 AM 4.2 SPs Day Quantity Time 1 3 12:30 PM - 4:00 PM 2 3 12:30 PM - 4:00 PM 3 None None 7. Inspection and Acceptance Inspection and acceptance of all work performance, reports, and other deliverables under this task order shall be performed by the VHACO/VHACOR. Scope of Inspection All deliverables shall be inspected for content, completeness, accuracy and conformance to task order requirements by the CO/COR. Inspection may include validation of information as specified in the task order. All deliverables shall be checked for comprehensive to ensure the completeness, quality, and adequacy of all deliverables. The Government requires a period not to exceed thirty (30) days after receipt of deliverable items for inspection and acceptance or rejection. 8. Quality Assurance Surveillance Plan (QASP) Quality Control: The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor s quality control program is the means that the work complies with the requirement of the contract. The COR will utilize the QASP as the tool to ensure quality of rendered support services are adhered to. Performance Requirements Summary Performance Indicator Performance Standard Minimum Acceptable Standard Method of Surveillance Frequency Reports Reports are submitted on time and include those topics described in the Performance Work Statement; necessary clearances are obtained as needed in a timely manner. Two or less instances where significant errors or omissions were identified Monthly reports Monthly Customer Service and Project Coordination Contractor demonstrates sound customer service principles, and project coordination efforts are timely, appropriate and cooperative with the SimLEARN staff. Two or less instances where significant errors or omissions were identified Exec VA reports Monthly BASIS OF ACCEPTANCE Reports, documents, and narrative type deliverables shall be accepted when all discrepancies, errors or other deficiencies identified in writing by the Government have been corrected. All of the Government's comments to deliverables shall either be incorporated in the succeeding version or the contractor shall demonstrate to the Government's satisfaction why such comments shall not be incorporated. If the Government finds that a deliverable contains spelling errors, grammatical errors, improper format, or otherwise does not conform to the requirements stated within this task order, the document may be immediately rejected without further review and returned to the contractor for correction and re-submission. Formal Acceptance or Rejection of Deliverables The Government will review within 30 days each deliverable and provide feedback/comments. The contractor shall have three business days to incorporate feedback/comments and make appropriate revisions. The contractor shall provide the revised version of each deliverable within two days to the Contracting Officer s Representative (COR). The COR will review and determine final acceptance by the Government. The COR will notify the contractor of final acceptance within five business days. 9. Period of Performance: The government requires a 5 month contract from May 2019 30 Sept. 2019 with an additional two (2) year options. The service shall be for 18 hours per HUM per class ; 7 hours per SP per class. Flexible Operating hours between 8:00 a.m. 5:00 p.m. Monday through Friday excluding Federal holidays. Overtime is not authorized. Government Recognized Holidays: Unless specifically authorized in writing by the Contracting Officer, no services will be provided and no charges will be incurred and/or billed to any order on this contract on any of the observed Federal Holidays. There are 10 Federal holidays set by law (USC Title 5 Section 6103). Under current definitions, four are set by date: New Year's Day January 1 Independence Day July 4 Veterans Day November 11 Christmas Day December 25 If any of the above falls on a Saturday, then Friday shall be observed as a holiday. Similarly, if one falls on a Sunday, then Monday shall be observed as a holiday. The other six holidays are set by a day of the week and month: Martin Luther King's Birthday Third Monday in January Washington's Birthday Third Monday in February Memorial Day Last Monday in May Labor Day First Monday in September Columbus Day Second Monday in October Thanksgiving Fourth Thursday in November 10. Type of Contract: The Government anticipates award of a Firm Fixed-Price contract. 11. Place of Performance: Work shall be performed at the Government site in Orlando, FL. SimLEARN National Center Building 13 13800 Veterans Way Orlando, FL 32832 12. General Requirements: a. Contract Award Meeting: The contractor shall not commence performance on the tasks in this PWS until the Contracting Officer has conducted a Post Award Meeting, or has advised the contractor that a Post Award Meeting is waived. b. General Requirements: For every task, the contractor shall identify in writing all necessary subtasks (if any), associated costs by task, and along with associated sub-milestone dates. The contractor's subtask structure shall be reflected in the technical proposal and detailed work plan. All written deliverables shall be phrased in layperson language. Statistical and other technical terminology shall not be used without providing a glossary of terms. All invoicing and time sheets shall be submitted to the point-of-contact (POC) for approval prior to being submitted to the vendor, who will forward to the Austin Payment Center for processing. The POC is to provide copies of all timesheets and invoices to the Contracting Officer Representative (COR) or Contracting Officer (CO) for auditing purposes. c. Changes to the PWS: Any changes to this PWS shall be authorized and approved only through written correspondence from the Contracting Officer. A copy of each change will be kept in a project folder along with all other products of the project. Costs incurred by the contractor through the actions of parties other than the Contracting Officer shall be borne by the contractor. 13. Travel Travel is not required for this contract 14. Government Furnished Equipment The government will furnish gowns and all other supplies required to accomplish the specified tasks. 15. Contracted Personnel Requirements 16. CONTRACTOR RESPONSIBILITIES The Contractor(s) shall ensure the confidentiality of all patient and employee information and shall be held liable in the event of breach of confidentiality according to federal regulations contained in HIPAA. Any person, who knowingly or willingly discloses confidential information from the VHA, may be subject to fines and may be subjected to civil litigation from the patient. Contractor(s) personnel performing work under this contract shall satisfy all requirements for appropriate security eligibility in dealing with access to sensitive information systems belonging to or being used on behalf of the Department of Veterans Affairs. To satisfy the requirements of the Department of Veterans Affairs a National Agency Check with Written Inquiries Investigation shall be conducted prior to performing work under this contract. The level of access and the individual s capability to perform work under this contract will be the determining factor in deciding if a higher investigative requirement is needed. The Contractor(s) shall ensure that those requirements are fully satisfied within 30 days of initiation of such investigations. The Contractor(s) personnel shall ensure full access and security clearance for all VA systems within 30 days of award. The Contracting Officer may notify the Contractor and request immediate removal of any personnel assigned to the task order by the Contractor that are deemed to have a conflict of interest with the government or if the performance is deemed to be unsatisfactory. The reason for removal will be documented and replacement personnel shall be identified within three business days of the notification. Employment and staffing difficulties shall not be justification for failure to meet established schedules. Substitution of Other Personnel - Personnel assigned by the contractor to the performance of work on this order shall be acceptable to VA in terms of personal and professional conduct and technical knowledge. Should the assignment to this order of any person by the contractor be deemed to conflict with the interests of VA, or in the event performance is deemed to be unsatisfactory at any time during the life of the task order, the Contracting Officer may notify the contractor and request the person be immediately removed from the assignment. The reason for removal will be documented and a request to receive personnel replacement within three (3) business days of the notification will be made. Replacement personnel qualifications shall be equal to or greater than those of the personnel being replaced. Employment and staffing difficulties will not be justification for failure to meet established schedules. All Contractor employees are subject to immediate removal from performance of this task order when they are involved in a violation of the law, VA security, confidentiality requirements, and/or other disciplinary reasons. New personnel shall not commence work until all necessary security requirements, have been fulfilled and resumes provided and accepted. Failure to comply with the Contractor personnel security requirements may result in termination of the contract for default. The VA reserves the right to request removal of key personnel, when services and deliverables are jeopardized as demonstrated by a lack of knowledge, lack of skills or demonstrated inability to communication with the VA Project Team members. 17. Confidentiality and Disclosure: It is agreed that: The preliminary and final deliverables, and all associated working papers, application source code, and other material deemed relevant by VA which have been generated by the contractor in the performance of this contract, are the exclusive property of the U.S. Government and shall be submitted to the Contracting Officer at the conclusion of the contract. The Contracting Officer will be the sole authorized official to release, verbally or in writing, any data, draft deliverables, final deliverables, or any other written or printed materials pertaining to this contract. No information shall be released by the contractor. Any request for information relating to this contract, presented to the contractor, shall be submitted to the Contracting Officer for response. Press releases, marketing material, or any other printed or electronic documentation related to this project, shall not be publicized without the written approval of the Contracting Officer. Contractor shall not have access to government Information Technology systems nor will contractor have access to protected/sensitive data. 18. Security Requirements VA Information and Information System Security/Privacy Language for Contracted Personnel from VA Handbook 6500.6, Contract Security, Appendix C: 1. General: Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security. 2. Access to VA Information and VA Information Systems a. A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order. b. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures. c. Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness. d. Custom software development and outsourced operations must be located in the U.S. to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the contractor/subcontractor must state where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor. e. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor s employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination. 3. VA Information Custodial Language Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1). VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor s information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA s information is returned to the VA or destroyed in accordance with VA s sanitization requirements. VA reserves the right to conduct on-site inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements. 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. 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. 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. 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. 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. 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. 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. 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. 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. For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require C&A or an MOU-ISA for system interconnection, the contractor/subcontractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the COR. 4. Security Incident Investigation 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 COR 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. 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. 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. 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 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: date of occurrence; 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); Known misuses of data containing sensitive personal information, if any; Assessment of the potential harm to the affected individuals; Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; and 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. 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: Notification; One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports; Data breach analysis; Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution; One year of identity theft insurance with $20,000.00 coverage at $0 deductible; and Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs. 6. 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: Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior relating to access to VA information and information systems; Successfully complete the VA Privacy and Information Security Awareness and Rules of Behavior training and annually complete required security/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.] b. The contractor shall provide to the contracting officer and/or the COR a copy of the training certificate 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 Contractor 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. Contractor Personnel Security Background Investigations and Special Agreement Checks (SAC) (1) All contractor employees are subject to the same level of investigation as VA employees who have access to VA Sensitive Information and VA information systems. The position sensitivity for this effort has been designated as low risk and the level of background investigation is NACI. This requirement is applicable to all subcontractor personnel requiring the same access. (2) The contractor employee is required to submit all requested paperwork to appropriate VA staff for the background investigation within requested timeframe. Contractor Responsibilities (1) The contractor shall bear the expense of obtaining background investigations. If the investigation is conducted by the Office of Personnel Management (OPM) through the VA, the contractor shall reimburse the VA within 30 days. (2) Background investigations from investigating agencies other than OPM are permitted if the agencies possess an OPM and Defense Security Service certification. Security and Investigations Center staff will verify the information and advise the contracting officer whether access to the computer systems can be authorized. (3) The contractor shall prescreen all personnel requiring access to the computer systems to ensure they maintain a U.S. citizenship and are able to read, write, speak and understand the English language without the use of an interpreter. (4) The contractor, when notified of an unfavorable determination by the Government, shall withdraw the employee from consideration from working under the contract. (5) Failure to comply with the contractor personnel security requirements may result in termination of the contract for default. (6) The contractor will be responsible for the actions of all individuals provided to work for the VA under this contract. In the event that damages arise from work performed by contractor provided personnel, under the auspices of this contract, the contractor will be responsible for all resources necessary to remedy the incident. Government Responsibilities (1) The VA Security and Investigations Center (07C) will provide the necessary forms to the contractor or to the contractor's employees after receiving a list of names and addresses. (2) Upon receipt, the VA Security and Investigations Center (07C) will review the completed forms for accuracy and forward the forms to OPM to conduct the background investigation. (3) The VA facility will pay for investigations conducted by the OPM in advance. In these instances, the contractor will reimburse the VA facility within 30 days. (4) The VA Security and Investigations Center (07C) will notify the contracting officer and contractor after adjudicating the results of the background investigations received from OPM. 8. Internet/Intranet The contractor shall comply with Department of Veterans Affairs (VA) Directive 6102 and VA Handbook 6102 (Internet/Intranet Services). b. VA Directive 6102 sets forth policies and responsibilities for the planning, design, maintenance support, and any other functions related to the administration of a VA Internet/Intranet Service Site or related service (hereinafter referred to as Internet). This directive applies to all organizational elements in the Department. This policy applies to all individuals designing and/or maintaining VA Internet Service Sites; including but not limited to full time and part time employees, contractors, interns, and volunteers. This policy applies to all VA Internet/Intranet domains and servers that utilize VA resources. This includes but is not limited to va.gov and other extensions such as,.com,.edu,.mil,.net,.org, and personal Internet service pages managed from individual workstations. c.VA Handbook 6102 establishes Department-wide procedures for managing, maintaining, establishing, and presenting VA Internet/Intranet Service Sites or related services (hereafter referred to as Internet ). The handbook implements the policies contained in VA Directive 6102, Internet/Intranet Services. This includes, but is not limited to, File Transfer Protocol (FTP), Hypertext Markup Language (HTML), Simple Mail Transfer Protocol (SMTP), Web pages, Active Server Pages (ASP), e-mail forums, and list servers. VA Directive 6102 and VA Handbook 6102 are available at: Internet/Intranet Services Directive 6102 http://www1.va.gov/vapubs/viewPublication.asp?Pub_ID=409&FType=2 Internet/Intranet Services Handbook 6102 http://www1.va.gov/vapubs/viewPublication.asp?Pub_ID=410&FType=2 In addition, any technologies that enable a Network Delivered Application (NDA) to access or modify resources of the local machine that are outside of the browser's sand box" are strictly prohibited. Specifically, this prohibition includes signed-applets or any ActiveX controls delivered through a browser's session. ActiveX is expressly forbidden within the VA while.NET is allowed only when granted a waiver by the VA CIO *PRIOR* to use. JavaScript is the preferred language standard for developing relatively simple interactions (i.e., forms validation, interactive menus, etc.) and Applets (J2SE APIs and Java Language) for complex network delivered applications. 19. DATA RIGHTS The deliverables, and other material deemed relevant by the VA which have been generated by the contractor in the performance of this task order, are the exclusive property of the U.S. Government and shall be submitted to the CO at the conclusion of the task order. VHA shall be the sole authorized official to release verbally or in writing, any data, deliverables, or any other written or printed materials pertaining to this task order. No information shall be released by the Contractor. Any request for information relating to this task order presented to the contractor shall be submitted to VHA for response. 20. ORGANIZATIONAL CONFLICT OF INTEREST AND NON-DISCLOSURE REQUIREMENTS If the Contractor is currently providing support or anticipates providing support to the VHA that creates or represents an actual or potential organizational conflict of interest (OCI), the Contractor shall immediately disclose this actual or potential OCI in accordance with FAR Part 9.5. The Contractor is also required to complete and sign an Organizational Conflict of Interest Statement in which the Contractor (and any Subcontractors, consultants or teaming partners) agree to disclose information concerning the actual or potential conflict with any proposal for any solicitation relating to any work in the TO. All actual or potential OCI situations shall be handled in accordance with FAR Subpart 9.5. 21. NON DISCLOSURE REQUIREMENTS All Contractor personnel (to include Subcontractors, teaming partners, and consultants) who shall be personally and substantially involved in the performance of the TO issued which requires the Contractor to act on behalf of, or provide advice with respect to any phase of an agency procurement, as defined in FAR 3.104-4, shall execute and submit an Employee/Contractor Non-Disclosure Agreement Form. This is required prior to the commencement of any work on such TO and whenever replacement personnel are proposed under an ongoing TO. Any information obtained or provided in the performance of this TO is only to be used in the performance of the TO. 22. Invoice Submission: The contractor shall submit invoices to: Financial Service Center (FSC) P.O. Box 149971 Austin, TX 78714 (512) 460-5432 fax 23. INVOICE REQUIREMENTS The Contractor shall submit an invoice upon the completion of each task to the FSC to initiate the certification and payment process. The Contractor shall also forward a copy of the invoice to both the Program Office and the Contracting Officer for their review and for file. Contractor shall include the Purchase Order number on all invoices. For inquiries regarding payment, please contact the Vendor Inquiry Line toll free at (877) 353-9791. 24. LANGUAGE OF WORK The Contractor shall prescreen all personnel requiring access to VA records to ensure they maintain a U.S. citizenship or valid work VISA and are able to read, write, speak, and understand the English language. ------------------------------------------------------------------------------------------------- 52.224-1 Privacy Act Notification. As prescribed in 24.104, insert the following clause in solicitations and contracts, when the design, development, or operation of a system of records on individuals is required to accomplish an agency function: Privacy Act Notification (Apr 1984) The Contractor will be required to design, develop, or operate a system of records on individuals, to accomplish an agency function subject to the Privacy Act of 1974, Public Law 93-579, December 31, 1974 (5 U.S.C. 552a) and applicable agency regulations. Violation of the Act may involve the imposition of criminal penalties. 52.224-2 Privacy Act. As prescribed in 24.104, insert the following clause in solicitations and contracts, when the design, development, or operation of a system of records on individuals is required to accomplish an agency function: Privacy Act (Apr 1984) (a) The Contractor agrees to (1) Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies (i) The systems of records; and (ii) The design, development, or operation work that the contractor is to perform; (2) Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the redesign, development, or operation of a system of records on individuals that is subject to the Act; and (3) Include this clause, including this paragraph (3), in all subcontracts awarded under this contract which requires the design, development, or operation of such a system of records. (b) In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a system of records on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a system of records on individuals to accomplish an agency function. For purposes of the Act, when the contract is for the operation of a system of records on individuals to accomplish an agency function, the Contractor is considered to be an employee of the agency. (c)(1) Operation of a system of records, as used in this clause, means performance of any of the activities associated with maintaining the system of records, including the collection, use, and dissemination of records. (2) Record, as used in this clause, means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history and that contains the person s name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a fingerprint or voiceprint or a photograph. (3) System of records on individuals, as used in this clause, means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. NOTE: THIS NOTICE WAS NOT POSTED TO FEDBIZOPPS ON THE DATE INDICATED IN THE NOTICE ITSELF (16-APR-2019); HOWEVER, IT DID APPEAR IN THE FEDBIZOPPS FTP FEED ON THIS DATE. PLEASE CONTACT 877-472-3779 or fbo.support@gsa.gov REGARDING THIS ISSUE.
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- SN05283024-F 20190418/190416230027 (fbodaily.com)
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