Loren Data's SAM Daily™

SAMDAILY.US - ISSUE OF JUNE 21, 2023 SAM #7876
SOLICITATION NOTICE

R -- American Sign Language Interpreter Services VBA Reno Regional Office Base + 4 option years

Notice Date

6/19/2023 12:35:15 PM
 

Notice Type

Presolicitation
 

NAICS

541930 — Translation and Interpretation Services
 

Contracting Office

VBA FIELD CONTRACTING (36C10E) WASHINGTON DC 20006 USA
 

ZIP Code

20006
 

Solicitation Number

36C10E23Q0128
 

Response Due

7/5/2023 8:00:00 AM
 

Archive Date

08/04/2023
 

Point of Contact

tamara.feist-hatfield@va.gov, Tamara Feist-Hatfield, Phone: 702-791-9000
 

E-Mail Address

tamara.feist-hatfield@va.gov
(tamara.feist-hatfield@va.gov)
 

Small Business Set-Aside

SDVOSBC Service-Disabled Veteran-Owned Small Business (SDVOSB) Set-Aside (FAR 19.14)
 

Awardee

null
 

Description

STATEMENT OF WORK 1.0 BACKGROUND The Department of Veterans Affairs (VA) Reno Regional Office (354) requires onsite language services on an as-needed basis for meetings, training, and other events to interpret spoken English into signed English and American Sign Language (ASL) and ASL or signed English back into spoken English. The Contractor shall provide all labor, supervision, materials, and transportation for American Sign Language (ASL) Interpreter and communication services at the Nevada Regional Benefit Office, Reno, NV (RO). ASL services are required for Veterans Benefits Administration (VBA) Service Center and Support Services meetings and/or training for all hearing-impaired employees. ASL services are also required at special events such as awards ceremonies, town halls, individual training sessions, and mentoring Q&A sessions (from the hearing impaired to non-hearing impaired). Interpreter is responsible for reviewing and complying with all pertinent State and federal laws including, but not limited to, state and local taxes, the Fair Labor Standards Act, Title II of the Americans with Disabilities Act of 1990, Title II of the 1964 Civil Rights Act, and all other applicable state and federal employment laws. Interpreter is responsible for reviewing and complying with all pertinent Nevada State ordinances. 2.0 SCOPE Interpreter Services will include but are not limited to interpretation for the Reno VARO deaf/hard of hearing employee(s) in the workplace, classroom training environment, designated workspace setting, or virtual setting. The Contractor shall perform ASL services to RO employees who are deaf and/or hearing impaired. Services shall include but not limited to: interpreting for employees in a variety of settings both formal and informal; the Contractor shall actively communicate with the hearing impaired employees and their respective supervisor to ensure all policies, deadlines, goals, and objectives are understood by both parties. They must be able to interpret/transliterate VBA language, acronyms, claims processing vernacular, etc. fluently and understand the continuum of sign communication. Th interpreter will provide sign language and other communication services between people who are deaf or hard of hearing and people who hear to interpret and translate in a work or training environment in an office setting, classroom training environment, designated work setting, or virtual setting. The contract interpreter must be able to perform with general office equipment (i.e., computers, computer monitors, video screens, microphones, headphones, and have broadband internet connection for remote and onsite interpreting) and provide interpreting services via computer microphone and/or telephone conversations. Interpreter must possess strong listening, research, memory, and American Sign Language skills with the ability to perform in a challenging, creative, formal working environment, and virtual working environment. The contractor must have excellent customer service skills and maintain positive working relationships (to include but not limited to) veterans, leadership, stakeholders, and peers. They must be able to sign in a work training environment that involves a variety of technical terms and acronyms specific to this government agency in various situations, including but not limited to meetings, small groups, large groups, and one-on-one. The Contractor shall not have free access to the VA facility once on-site. A VA employee must be present in the room or nearby while the Contractor is providing services. The Contractor shall be required to present photo identification (Agency or state/federal ID) upon request by VA staff or security guards. Once issued a PIV-I card, the contractor and his/her employees are required to have the PIV-I card on their person at all times and display it on their body above the hip (badge holding supplies will be distributed). 3.0 TASKS The Contractor shall perform the following tasks. The contractor shall accomplish the assigned work by employing and utilizing qualified personnel with appropriate combinations of education, training, and experience. Interpreters need to be nationally certified by either NAD (National Association of the Deaf), RID (Registry of Interpreters for the Deaf), ASLPI (American Sign Language Proficiency Interview), or an equivalent certification program. The contractor shall provide American Sign Language interpreter services. Contractors shall keep all VA records and related information strictly confidential. The contractor shall be required to provide fully qualified and trained or certified service and management personnel in sufficient numbers to actively and efficiently service and support the requested sign language interpretation services during the contract period. 4.0 INTERIM/REPLACEMENT INTERPRETERS In the event an interpreter is unable to be physically present, the RO authorizes the use of TEAMS to provide services remotely. A TEAMS meeting invite will be sent to the interpreter and any employees who require interpretive services. TEAMS is an interim fix and should not last more than 1 workday in the same week. The contractor is responsible for all equipment and software necessary to perform services remotely. The requester must consult with the Reno Regional Office hearing impaired community on their communication needs and come to an agreement on their collective interpretive preferences. The RO Point of Contact reserves the right to determine if the supplied Contractor is meeting the needs of the Reno Regional Office hearing impaired community and request a replacement. This determination will be based on a review of the following: Substantiated complaints Expressed communication needs and preferences of the community Timeliness Professionalism The Contractor shall not send an interpreter for more than 5 consecutive days without a completed favorable special agreement check (SAC). Upon first day of work performed interim/replacement interpreter will be required to sign a rules of behavior (ROB) and non-disclosure agreement before work is performed. PLACE OF PERFORMANCE. The contractor shall perform the onsite language services at the RENO Regional Office located at 5460 Reno Corporate Drive, Reno NV 89511. 6.0 REQUIRED HOURS OF SERVICE AND SCHEDULING Services are normally required at the Reno VARO or if virtually services are needed each Monday - Friday 4-hours a day between the hours of 8 am 12 pm, excluding all Federal holidays. The Reno VA Regional Office will notify the contractor of any needed schedule changes via email. Hours may flex on a case by case basis with approval of the Contractor and Reno RO. The Contractor will not be providing continuous sign language services for the entire 4-hour block. The Reno VARO may cancel services no less than 24 business hours in advance Monday through Friday, with no penalty or charges assessed. Contractor will be notified by email of cancellation of service with a 24-hour notice. If the contractor is not notified of a cancellation 24 hours prior to the scheduled assignment, the contractor may invoice the cancellation fee. Contractor must confirm receipt of cancellation emails. WORK AND HOLIDAYS: All work is to be performed during weekdays except Government holidays. Official holidays are New Year s Day, Martin Luther King Day, Presidents Day, Memorial Day, Juneteenth, 4th of July, Labor Day, Columbus Day, Veterans Day, Thanksgiving, and Christmas. In the event an Executive Order is issued by the President of the United States which declares Agencies of the Federal Government to close for a regularly scheduled workday, the Government POC will determine and advise the Contractor on whether services are required for that day. 8.0 NON-PERSONAL SERVICES The Government shall neither supervise contractor employees nor control the method by which the contractor performs the required tasks. It shall be the responsibility of the contractor to manage its employees and to guard against any actions that are of the nature of personal services; or give the perception of personal services. If the contractor believes that any actions constitute, or are perceived to constitute personal services, it shall be the contractor's responsibility to notify the Contracting Officer (CO) immediately. 9.0 MINIMUM REQUIREMENTS FOR A SIGN LANGUAGE INTERPRETER The American Sign Language (ASL) interpreter shall possess: an undergraduate or graduate degree from an accredited college or university with a major study in a field related to either interpretation or American Sign Language (ASL) studies; or be able to provide sufficient assurances that the interpreter has the required knowledge and skills necessary to act as a competent interpreter. The interpreter must have a demonstrated knowledge and understanding of American Sign Language and Deaf Culture. In lieu of a degree, the interpreter may hold current generalist (or higher) licensure by either the National Association of the Deaf or the Registry of Interpreters for the Deaf. In addition, all sign language interpreters must be registered with the Nevada Interpreter/CART Registry in accordance with NRS 656A.060 and provide documentation to the Contracting Officer prior to providing services. CHANGES TO STATEMENT OF WORK Any changes to this SOW shall be authorized and approved only through written correspondence from the Contracting Officer. Costs incurred by the contractor through the actions of parties other than the Contracting Officer shall be borne by the contractor. GENERAL VA SECURITY AND SYSTEM INFORMATION TRAINING All Contractor and subcontractor personnel requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and networks: 1. Sign and acknowledge understanding of and responsibilities for compliance with the National Rules of Behavior related to access to VA information and information systems, and Contractor Rules of Behavior (supplement), 2. Successfully complete VA Cybersecurity Awareness training and annual refresher training as required, 3. Successfully complete VA General Privacy training and annual refresher training as required, and 4. Successfully complete any additional cybersecurity or privacy training as required for VA personnel with equivalent information system access. The Contractor shall provide to the Contracting Officer Representative (COR) a copy of the training certificates and signed Rules of Behavior for each applicable interpreter within one week of the initiation of the contract and annually thereafter, as required. For new interpreters who start after the contract has begun shall provide to the COR a copy of the training certificates and signed Rules of Behavior within one week of starting. These online courses will need to be taken through the VBA s online Talent Management System (TMS) at: https://www.tms.va.gov/SecureAuth35/. To self-enroll, click the Create New User button on the red bar and complete the assigned training. The COR will provide the contractor with the appropriate information to complete self-enrollment. Technical issues with TMS should be directed to the TMS help desk at vatmshelp@va.gov or 1-888-496-0463. Failure to complete this mandatory training within the timeframe required will be grounds for suspension or termination of all physical and/or electronic access privileges and removal from work on the contract until such time as the training is completed. The Contractor will also complete 20-0344 Annual Certification of Veteran Status and Veteran-Relatives form upon starting, and annually thereafter for the duration of the contract.  If the contractor or immediate relative is a veteran, the file will be housed in the Locked Files for the duration of the contract. BACKGROUND INVESTIGATION The contract employee level of background investigation and clearance required for this effort is NACI. The appropriate background investigation is required, and all required documentation must be submitted at the time of fingerprinting. CONTRACTOR RESPONSIBILITIES The VA shall bear the expense of obtaining background investigations. Immediately after contract or task order award, the Contractor must submit a completed form (VBA Contractor Background Investigation Request Worksheet) for all contract employees working the contract, who have access to VA facilities, VA systems, or privacy data, to the COR. The Contractor and Contractor point of contact (POC) will receive an email notification from SIC identifying the website link that includes detailed instructions regarding completion of the background clearance application process and what level of background was requested. Reminder notifications will be sent if the complete package is not submitted by the due date. The Contractor shall prescreen all personnel who require access to VA site(s) and/or access to VA LAN systems to ensure they maintain a U.S. citizenship or Alien Registration that authorizes them to work in the U.S. and are able to read, write, speak, and understand the English language. Contractors who have current favorable background investigation conducted by OPM or Defense Security Service (DSS) may be accepted through reciprocation. However, it does not preclude the Contractor from submitting a completed form immediately after contract or task order award for all contract employees working the contract to the COR. Contract performance shall not commence before SIC confirmation that it received the investigative documents, that they are complete, and that the background investigation has begun. Once the Contractor s background investigation has been initiated, contract performance may commence. The COR will notify and forward the Contractor a copy of the Certificate of Eligibility (form 4236) to the Contractor when the investigation has been favorably completed and adjudicated. The Contractor, if notified of an unfavorable adjudication by the Government, shall withdraw the employee from consideration from working under the contract. Failure to comply with the Contractor personnel security requirements may result in termination of the contract for default. If the security clearance investigation is not completed prior to the start date of the contract, the contract employee may work on the contract with an initiated status while the security clearance is being processed. However, the Contractor will be responsible for the actions of those contract and subcontract employees they provide to perform work for VA. In the event damage arises from work performed by Contractor personnel, under the auspices of the contract, the Contractor will be responsible for resources necessary to remedy the incident. Should the Contractor use a vendor other than OPM or DSS to conduct investigations, the investigative company must be certified by OPM/DSS to conduct Contractor investigations. The Vendor Cage Code number must be provided to the VA SIC, which will verify the information and conclude whether access to the Government s site(s) and/or VA LAN systems can be. The investigative history for Contractor personnel working under this contract must be maintained in the databases of either OPM or the Defense Industrial Security Clearance Organization (DISCO). CONFIDENTIALITY AND NONDISCLOSURE It is agreed that: 1. The preliminary and final deliverables and all associated working papers, application source code, and other material deemed relevant by the 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 COR at the conclusion of the contract. 2. The Contracting Officer (CO) will be the sole authorized official to release verbally or in writing, any data, the draft deliverables, the 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 CO for response. 3. 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 CO. 12.0 VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE FOR INCLUSION INTO CONTRACTS, AS APPROPRIATE 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/subcontrator 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 a. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1). b. VA information should not be co-mingled, if possible, with any other data on the 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. c. Prior to termination or completion of this contract, contractor/subcontractor must not destroy information received from VA, or gathered/created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract. d. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract. e. The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed. f. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12. g. If a VA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VA Handbook 1600.01, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship. h. The contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated. i. The contractor/subcontractor s firewall and Web services security controls, if applicable, shall meet or exceed VA s minimum requirements. VA Configuration Guidelines are available upon request. j. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA s prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response. k. Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response. l. For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require C&A or an MOU-ISA for system interconnection, the contractor/subcontractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the COR/POC. 4. RESERVED 5. SECURITY INCIDENT INVESTIGATION a. The term security incident means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/subcontractor shall immediately notify the COTR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access. b. To the extent known by the contractor/subcontractor, the contractor/subcontractor s notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant. c. With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach. Notifications need to be made in accordance with the executed business associate agreement. d. In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement. The contractor, its employees, and its subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident. 6. LIQUIDATED DAMAGES FOR DATA BREACH a. Consistent with the requirements of 38 U.S.C. §5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract. b. The contractor/subcontractor shall provide notice to VA of a security incident as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination. c. Each risk analysis shall address all relevant information concerning the data breach, including the following: (1) Nature of the event (loss, theft, unauthorized access); (2) Description of the event, including: (a) date of occurrence; (b) data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code; (3) Number of individuals affected or potentially affected; (4) Names of individuals or groups affected or potentially affected; (5) Ease of logical data access to the lost, stolen or improperly accessed data in light of the degree of protection for the data, e.g., unencrypted, plain text; (6) Amount of time the data has been out of VA control; (7) The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons); (8) Known misuses of data containing sensitive personal information, if any; (9) Assessment of the potential harm to the affected individuals; (10) Data breach analysis as outlined in 6500.2 Handbook, Management of Security and (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. 7. SECURITY CONTROLS COMPLIANCE TESTING On a periodic basis, VA, including the Office of Inspector General, reserves the right to evaluate any or all of the security controls and privacy practices implemented by the contractor under the clauses contained within the contract. With 10 working-day s notice, at the request of the government, the contractor must fully cooperate and assist in a government-sponsored security controls assessment at each location wherein VA information is processed or stored, or information systems are developed, operated, maintained, or used on behalf of VA, including those initiated by the Office of Inspector General. The government may conduct a security control assessment on shorter notice (to include unannounced assessments) as determined by VA in the event of a security incident or at any other time.
 

Web Link

SAM.gov Permalink
(https://sam.gov/opp/055c30dba03d49c48797acd34093d969/view)
 

Place of Performance

Address: VBA Reno Regional Office 5460 Reno Corporate Drive, Reno 89511

Zip Code: 89511
 

Record

SN06719468-F 20230621/230619230105 (samdaily.us)
 

Source

SAM.gov Link to This Notice
(may not be valid after Archive Date)

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