3 emergency beds funcded by VACO homeless Sevices. Attn Corey Labbe.

1. Expired 6 years, 16 weeks and 3 days ago

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.
(ii) The solicitation number is 36C24118Q0094 and the solicitation is issued as a request for quotation (RFQ).
(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-95.
(iv) This requirement is being issued as a total small business set-aside. The associated NAICS code is 624221 Temporary Shelters and small business size standard is $27.5 million.
(v) The Government intends to award a firm-fixed priced award for 12 months (01/01/2018-12/31/2018) with four 12 month options. The Contractor shall provide all supervision, material, equipment, facilities and labor to provide emergency beds for homeless veterans for Northern, CT serving the Newington VA Medical Center campus. The quantities listed in the price schedule are estimated. Please see the attached Performance Work Statement, Price Schedule and Evaluation below for full requirement details and pricing submission.
Item #
Description- Base Year
01/01/2018 12/31/2018

Estimated
Qty
Unit
Price
Amount
0001
The contractor shall provide all labor, equipment; materials, transportation and supervision to provide Homeless Veteran Emergency Beds in accordance with the attached Performance Work Statement

1095
DY


TOTAL of Base Year:

Item #
Description- Option Year One
01/01/2019 12/31/2019
Estimated
Qty
Unit
Price
Amount
1002
The contractor shall provide all labor, equipment; materials, transportation and supervision to provide Homeless Veteran Emergency Beds in accordance with the attached Performance Work Statement

1095
DY


TOTAL of Option Year One:

Item #
Description- Option Year Two
01/01/2020 12/31/2020
Estimated
Qty
Unit
Price
Amount
1002
The contractor shall provide all labor, equipment; materials, transportation and supervision to provide Homeless Veteran Emergency Beds in accordance with the attached Performance Work Statement

1095
DY


TOTAL of Option Year Two:

Item #
Description- Option Year Three
01/01/2021 12/31/2021
Estimated
Qty
Unit
Price
Amount
1002
The contractor shall provide all labor, equipment; materials, transportation and supervision to provide Homeless Veteran Emergency Beds in accordance with the attached Performance Work Statement

1095
DY


TOTAL of Option Year Three:


Item #
Description- Option Year Four
01/01/2022 12/31/2022
Estimated
Qty
Unit
Price
Amount
1002
The contractor shall provide all labor, equipment; materials, transportation and supervision to provide Homeless Veteran Emergency Beds in accordance with the attached Performance Work Statement

1095
DY


TOTAL of Option Year Four:
TOTAL VALUE TO INCLUDE ALL OPTION PERIODS:




(vi) The Contractor shall provide all supervision, material, equipment, facilities and labor to provide emergency beds for homeless veterans for Northern, CT serving the Newington VA Medical Center campus. The quantities listed in the price schedule are estimated. Please see the attached Performance Work Statement, Price Schedule and Evaluation below for full requirement details and pricing submission.

(vii) The Place of Performance shall be listed in the offerors quote and shall be subject to a government inspection at the discretion of the government. See attached inspection requirement. The period of performance shall be 12 months with four 12 month options.
(viii) Provision at 52.212-1, Instructions to Offerors Commercial (JAN 2017), applies to this acquisition in addition to the following addenda s to the provision: 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998); 52.204-22 Alternative Line Item Proposal (JAN 2017); 52.209-7 Information Regarding Responsibility Matters (JUL 2013) ; 52.216-1 Type of Contract (APR 1984); 52.217-5 Evaluation of Options (JUL 1990); 52.233-2 Service of Protest (SEPT 2006); 852.215-70 Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors (JUL 2016) (DEVIATION); 852.233-70 Protest Content/Alternative Dispute Resolution (JAN 2008); 852.233-71; Alternate Protest Procedure (JAN 1998); 852.270-1 Representatives of Contracting Officers (JAN 2008);
(ix) Provision at 52.212-2, Evaluation -- Commercial Items, applies to this requirement.
Submission of Quotes:
(1) Quotes shall be received on or before the date and time specified in Section (xv) of this solicitation. We will not consider any quote that we receive after the deadline unless we receive it before we issue a purchase order; it is in the best interest of the Government and considering it will not delay our purchase.
(2) Quotes shall be submitted electronically via email to corey.labbe@va.gov.
(3) Quote Format: The submission should be clearly indexed and logically assembled in order of the evaluation criteria below. The Contractor shall include its company name, address, DUNS and Cage Code.
(4) Questions shall be submitted to the Contract Specialist in writing via e-mail. Oral questions are not acceptable due to the possibility of misunderstanding or misinterpretation. The cut-off date and time for receipt of questions is 12/18/2017 at 12:00 PM EST. Questions received after this date and time may not be answered. Questions will be answered in a formal amendment to the solicitation so all interested parties can see the answers.



(6) Evaluation Process:
Award will be made to the best value, as determined to be the most beneficial to the Government. Please read each section below carefully for the submittals and information required as part of the evaluation. Failure to provide the requested information below shall be considered non-compliant and your quote could be removed from the evaluation process.
Quotes shall be evaluated under FAR Part 13.106-2(b) -- Evaluation of Quotations or Offers. After the evaluation of quotes, the Contracting Officer may negotiate final terms with one or more quoters of the Government s choice before issuing a purchase order. The Contracting Officer will not negotiate with any quoters other than those that represent the best value to the Government and will not use the formal source selection procedures described in FAR Part 15. The Contracting Officer may issue a purchase order to other than the lowest priced quoter.
The Government will award a contract resulting from this solicitation to the responsible quoter whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate quotes:B

Price: The Vendor shall complete the Price Schedule (attached) with proposed contract line item prices inserted in appropriate spaces.
Past Performance: Provide (2) references of work, similar in scope and size with the requirement detailed in the Performance Work Statement. References must include contact information; brief description of the work completed, and contract # (if relevant).B Please utilize Attachment 3 Past Performance Worksheet for your references and please submit as part of your quote submission. References may be checked by the Contracting Officer to ensure your company is capable of performing the Statement of Work.B The Government also reserves the right to obtain information for use in the evaluation of past performance from any and all sources to include PPIRS.
Technical: The vendor s quote shall be evaluated to determine if the organization has the experience and capabilities to provide the requested services in accordance with the Performance Work Statement in a timely efficient manner.B
Contractor shall demonstrate their corporate experience to meet all requirements stated in the Performance Work Statement s.
If you are planning to sub-contract some or all of this work, please provide the name and address(s) of all subcontractor(s) (if applicable) and a description of their planned subcontracting effort.
Management Approach: Describe management methods and/or corporate policy to assure the provisions of prompt quality service, including a description of quality assurance and customer service plan tailored towards the unique client base of the Department of Veterans Affairs. In this section include emergency on-call procedures. Reference the QASP incorporated into the solicitation.

Veterans Preference Factor (per 852.215-70): The Government will assign evaluation credit for an Offeror (prime contractor) which is a Service-Disabled Veteran-Owned (SDVOSB) or a Veteran-Owned Small Business (VOSB). Non-SDVOSB/VOSB Offerors proposing to use SDVOSBs or VOSBs as subcontractors will receive some consideration under this evaluation Factor.B
For SDVOSBS/VOSBs: In order to receive credit under this Factor, an Offeror shall submit a statement of compliance that it qualifies as a SDVOSB or VOSB in accordance with VAAR 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors . Offerors are cautioned that they must be registered and verified in Vendor Information Pages (VIP) database (http://www.VetBiz.gov).
Verified SDVOSBs will receive a 10% price credit (e.g. if a SDVOSB submits an offer of $100.00, it will be evaluated as if it submitted an offer of $90.00).
Verified VOSBs will received a 5% price credit (e.g. if a VOSB submits an offer of $100.00, it will be evaluated as if it submitted an offer of $95.00).
For Non-SDVOSBs/VOSBs: To receive some consideration under this Factor, anB Offeror must state in its proposal the names of SDVOSB(s) and/or VOSB(s) with whom it intends to subcontract, and provide a brief description and the approximate dollar values of the proposed subcontracts. Additionally, proposed SDVOSB/VOSB Subcontractors must be registered and verified in VIP database (http://www.VetBiz.gov) in order to receive some consideration under the Veteran s Involvement Factor.

If a vendor submits a subcontracting plan where it will be using a SDVOSB, it will receive a 3.5% price credit (e.g. if this vendor submits an offer of $100.00, it will be evaluated as if it submitted an offer of $95.00).
If a vendor submits a subcontracting plan where it will be using a VOSB, it will receive a 2.5% price credit (e.g. if this vendor submits an offer of $100.00, it will be evaluated as if it submitted an offer of $97.50).


Options: Except when it is determined in accordance with FAR 17.206(b) not to be in the Government s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s). The Government will evaluate prices for the option under FAR 52.217-8B by using the last year s option prices to calculate the price for six months of effort, and adding that amount to the base and other option years to arrive at the total.

(x) Please include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications -- Commercial Items, with your offer via the SAM.gov website or a written copy. Unless exempted by the Contracting Officer, you must register in SAM before we will issue a purchase order to you. If you do not register by the date set by the Contracting Officer, the Contracting Officer might issue the order to a different quoter. Once registered, you must remain registered throughout performance until final payment. Go to https://www.acquisition.gov for information on SAM registration and annual confirmation.
(xi) Clause 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition in addition to the following addenda s to the clause: 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (APR 2014); 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY 2011); 52.228-5 Insurance-Work on a Government Installation (JAN 1997); 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013), 852.215-71 Evaluation Factor Commitments (DEC 2009); 852.203-70 Commercial Advertising (JAN 2008), 852.232-72 Electronic Submission of Payment Requests (NOV 2012); 852.237-70 Contractor Responsibilities (APR 1984).
SUPPLEMENTAL INSURANCE REQUIREMENTS
In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:
(a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.
(b) General Liability: $500,000.00 per occurrences.
(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.
(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.

52.217-8 -- Option to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 10 days of contract expiration. (End of Clause)
52.217-9 --Option to Extend the Term of the Contract (Mar 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 Years.


Subcontracting Commitments - Monitoring and Compliance
This solicitation includes FAR 52.219-14 and VAAR 852.215-71, Evaluation Factor Commitments. Accordingly, any contract resulting from this solicitation will include these clauses. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) to assist in assessing contractor compliance with the subcontracting commitments incorporated into the contract. To that end, the support contractor(s) may require access to the contractor's business records or other proprietary data to review such business records regarding contract compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor compliance with the subcontracting commitments.
(xii) Clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders -- Commercial Items, applies to this acquisition and in addition to the following FAR clauses cited, which are also applicable to the acquisition: 52.203-6, Restrictions on Subcontractor Sales to the Government (SEPT 2006); 52.204-10, Reporting Executive Compensation & First-Tier Subcontract Awards (OCT 2016); 52.204-14, Service Contract Reporting Requirements (OCT 2016); 52.209-6, Protecting the Government s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (OCT 2015); 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) ; 52.219-8, Utilization of Small Business Concerns (NOV 2016), 52.219-14 Limitations on Subcontracting (JAN 2017) ; 52.219-28 Post Award Small Business Program Representation (JUL 2013); 52.222-3, Convict Labor (JUNE 2003); 52.222-21, Prohibition of Segregated Facilities (APR 2015); 52.222-26, Equal Opportunity (SEPT 2016); 52.222-35, Equal Opportunity for Veterans (OCT 2015); 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014); 52.222-37, Employment Reports on Veterans (FEB 2016); 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010); 52.222-50, Combating Trafficking in Persons (MAR 2015); 52.222-54, Employment Eligibility Verification (OCT 2015); 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016); 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011); 52.225-13, Restrictions on Certain Foreign Purchases (JUNE 2008); 52.232-33, Payment by Electronic Funds Transfer System for Award Management (JUL 2013); 52.242-5, Payments to Small Business Subcontractors (JAN 2017); 52.222-41, Service Contract Labor Standards (MAY 2014); 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014); 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (MAY 2014); 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015); 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017); (xiii) All contract requirement(s) and/or terms and conditions are stated above.
(xiv) The Defense Priorities and Allocations System (DPAS) and assigned rating are not applicable to this requirement.
(xv) RFQ responses are due 12/22/2017 at 4:00 PM. RFQ responses must be submitted via email to: corey.labbe@va.gov. Hand deliveries will not be accepted. Submissions after the deadline may not be considered.
(xvi) The POC of this solicitation is Corey Labbe (corey.labbe@va.gov).



Performance Work Statement
Mental Health Service Line of VA Connecticut Healthcare System,
Contractual Services for the Provision of
Shelter Beds for our Homeless Veteran Population

I. Introduction:
VA Connecticut Healthcare System, Mental Health Service Line is committed to meeting the temporary housing needs of our homeless veterans. Mental Health is an integral component of overall health care and housing is a critical piece which is often missing.

The temporary housing needs subsumed under this scope are normally provided by numerous housing sources which cumulatively do not have adequate availability to serve our ever growing homeless veteran population. VA Connecticut Healthcare System, Mental Health Service Line, Errera Community Care Center Firm/ Teams within the outpatient setting provides mental health evaluation assessment, treatment and housing assistance for our veterans working on their own individual recovery plan. These additional temporary shelter housing beds located with the West Haven/New Haven community are needed to better serve our homeless population struggling to work on their own individual mental health recovery needs. These beds offer additional access to serving our homeless veteran.


II. Service Provision & Nature of Responsibilities
Provide access for up to 3 emergency shelter beds for our homeless Veterans with a LOS up to 90 days.
Collaborate with the designated VA clinical liaisons for all Veteran referrals.
Provide case management services and discharge assistance in collaboration with the VA Mental Health providers while the Veterans are housed in the designated beds.
Assessment, Evaluation, Treatment Planning, Discharge and Referral Assistance
Maintain JCAHO accreditation status.
Collaborate with VA outpatient Mental Health providers to arrange for follow-up and aftercare services.
Collaborate daily with VA Liaison regarding bed occupancy and bed availability.
Communicate to the VA MH provider if veteran is discharged &/or doesn t return to the bed status within 24 hours.
Comply with VHA confidentiality and HIPPA guidelines.
Work in concert with the MH Service Line Manager &/or designee of VA Connecticut Healthcare System and the Firm Director, Errera Community Care Center
Collaborate with VA s PAOD during after hours, weekends and holidays for psychiatric mental health assistance.
Accept veteran transfer post evaluation with a VA Connecticut s Mental Health provider.
Agree to return veteran back to VA Connecticut Healthcare System if medically indicated for inpatient hospitalization as long as it s not deemed medically emergency at which time 911 would be contacted and transfer to the nearest and most appropriate hospital is warranted.
Maintain current professional liability insurance and JCAHO accredited status
III. Reporting
All providers will comply with agency directives, circulars, procedures and policies, maintain records and statistics, and carry out assigned caseloads and treatment for veterans referred for service provision under this agreement. Comply with JCAHO reporting standards and documentation requirements.

IV. Work Environment
The mental health providers will be working to focus on serving the immediate housing needs of our homeless veteran population. The work may require a combination of settings from his/her personal sedentary office to shared space in the residential care setting. The work is typically performed in an adequately lighted and climate controlled facility. May require occasional travel for transfer assistance &/or treatment consultation. All providers are expected to follow safety procedures and utilize good judgment at all times.

V. Physical Demands.
The work is primarily sedentary, although some physical effort may be required.

VI. Purpose of Contacts
Contacts are to provide mental health referral services and assistance to veterans as referred under this agreement. Providers/Case Managers will liaison with VA agencies which may include consultants, contractors, primary providers, program officials, &/or business executives.

VII. Customer Service
Meet the needs of our homeless veterans referred for temporary housing and receiving treatment at VA Connecticut outpatient services while supporting the VA and Mental Health Missions. Consistently communicates and treats customers (veterans, their representatives, visitors, and all VHA staff) in a courteous, tactful, and respectful manner. Provides the customer with consistent information according to established mental health policies and procedures. Handles conflicts and problems in dealing with the customer constructively and appropriately.

VIII. Confidentiality
Protect printed and electronic files containing sensitive data in accordance with the provisions of the Privacy Act of 1974 and other applicable laws, federal regulations, VA statutes and policy, and VHA policy, JCAHO and HIPPA. Protect the data from unauthorized release or from loss, alteration, or unauthorized deletion. Signed releases are required for the sharing of verbal &/or written information between VA and SCRC under this agreement.

IX. VA Connecticut Agrees to Provide:
Payment to the housing provider at the rate of _____ per individual bed occupied by a veteran appropriately referred and accepted for 3 beds per night as documented and invoiced monthly for each veteran referred for temporary housing under this agreement.
Clinical Consultation & Guidance as needed to collaborate and assist each veteran.
Provide collaborative assistance for transfer assistance and coordination.
Provide as needed appropriate transportation &/or transportation assistance i.e. bus tokens for transfer from VA Connecticut to the vendor for service assistance.
Obtain necessary release of information for referral assistance and communication.
Allow any provider under this scope to attend educational training and seminars provided or sponsored by VA Connecticut, which would improve or enhance the staff s expertise and provide skill building.
Perform daily contact with liaison to discuss bed availability. VA agrees to allow the facility to utilize any of the 3 unoccupied reserved beds for their need if and only if VA liaison &/or designee notifies the facilities Liaison of VA s lack of intent to occupy any of the beds during a 24 hour period. VA agrees to release any of the three unused beds by 5:00 p.m.
VA only agrees to financially reimburse the vendor for BDOC (Bed Days of Care-utilization) occupied by veterans under this agreement via the standard 3 reserved bed status. If any of the 3 beds remain unoccupied, VA is not financially responsible.
We reserve the right to increase the need of emergency beds as the need arises with modification.

X. Contract Security according to VA Handbook 6500.6 Appendix A Modified
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
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 VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship.
h. The contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated.
i. The contractor/subcontractor s firewall and Web services security controls, if applicable, shall meet or exceed VA s minimum requirements. VA Configuration Guidelines are available upon request.
j. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA s prior written approval. The contractor/subcontractor must refer all
requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response.
k. Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records
and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response.
l. For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require C&A or an MOU-ISA for system interconnection, the contractor/subcontractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the COTR.

5. INFORMATION SYSTEM HOSTING, OPERATION, MAINTENANCE, OR USE
f. VA prohibits the installation and use of personally-owned or contractor/subcontractor owned equipment or software on VA s network. If non-VA owned equipment must be used to fulfill the requirements of a contract, it must be stated in the service agreement, SOW or contract. All of the security controls required for government furnished equipment (GFE) must be utilized in approved other equipment (OE) and must be funded by the owner of the equipment. All remote systems must be equipped with, and use, a VA-approved antivirus (AV) software and a personal (host-based or enclave based) firewall that is configured with a VA approved configuration. Software must be kept current, including all critical updates and patches. Owners of approved OE are responsible for providing and maintaining the anti-viral software and the firewall on the non-VA owned OE.
g. All electronic storage media used on non-VA leased or non-VA owned IT equipment that is used to store, process, or access VA information must be handled in adherence with VA Handbook 6500.1, Electronic Media Sanitization upon: (i) completion or termination of the contract or (ii) disposal or return of the IT equipment by the contractor/subcontractor or any person acting on behalf of the contractor/subcontractor, whichever is earlier. Media (hard drives, optical disks, CDs, back-up tapes, etc.) used by the contractors/subcontractors that contain VA information must be returned to the VA for sanitization or destruction or the contractor/subcontractor must self-certify that the media has been disposed of per 6500.1 requirements. This must be completed within 30 days of termination of the contract.


6. 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.

7. LIQUIDATED DAMAGES FOR DATA BREACH
a. Consistent with the requirements of 38 U.S.C. B'5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract.
b. The contractor/subcontractor shall provide notice to VA of a security incident as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination.
c. Each risk analysis shall address all relevant information concerning the data breach, including the following:
(1) Nature of the event (loss, theft, unauthorized access);
(2) Description of the event, including:
(a) date of occurrence;
(b) data elements involved, including any PII, such as full name, social security number,
date of birth, home address, account number, disability code;
(3) Number of individuals affected or potentially affected;
(4) Names of individuals or groups affected or potentially affected;
(5) Ease of logical data access to the lost, stolen or improperly accessed data in light of the degree of protection for the data, e.g., unencrypted, plain text;
(6) Amount of time the data has been out of VA control;
(7) The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons);
(8) Known misuses of data containing sensitive personal information, if any;
(9) Assessment of the potential harm to the affected individuals;
(10) Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; and
(11) Whether credit protection services may assist record subjects in avoiding or mitigating the results of identity theft based on the sensitive personal information that may have been compromised.
d. Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the VA liquidated damages in the amount of $______ 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.
9. TRAINING
a. All contractor employees and subcontractor employees requiring access to VA
information and VA information systems shall complete the following before being granted access to VA information and its systems:
(1) Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, Appendix E relating to access to VA information and information systems;
(2) Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training;
(3) Successfully complete the appropriate VA privacy training and annually complete required privacy training; and
(4) Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system access [to be defined by the VA program official and provided to the contracting officer for inclusion in the solicitation document e.g., any role-based information security training required in accordance with NIST Special Publication 800-16, Information Technology Security Training Requirements.]
b. The contractor shall provide to the contracting officer and/or the COTR a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required.
c. Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete.

Performance Requirements Summary: The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.



Performance Objective
Standard
Performance
Threshold
Method of
Surveillance

PPRS # 1
Access
The contractor shall be responsible for admitting and assessing Veterans daily for crisis intervention, crisis referral, and discharge referral planning post brief stay
There must be a full-time administrative staff member or their designee available 24 hours a day, 7 days per week

100%
Periodic Surveillance



PPRS # 2
Rehabilitative & Crisis Services
The Contractor shall meet the therapeutic and rehabilitative needs of each Veteran in accordance with a crisis bed LOS to address any emergency Veteran needs.
The Contractor will establish and brief therapeutic relationship with the Veterans program staff, significant others and other State, Federal, and community providers as needed to provide support during LOS emergency bed.

100%
Periodic Surveillance



PPRS # 3
Records & Reports
The Veterans record will include all essential referrals by identifying data relevant to the Veteran including all relevant and brief assessments and data relating to the Veterans admission to the emergency bed.
Release of information is obtained for reciprocal communication
Any discharge(s) will be reported to the VA within 24 hours of discharge for tracking purposes.
The Contractor is expected to liaison with the Psychiatric Emergency room liaison and he Homeless Program and /or designee.
100%
Periodic Surveillance




Quality Assurance: The Government will evaluate the Contractor's performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

Corey Labbe
corey.labbe@va.gov

corey.labbe@va.gov