F115--2 FTEs Utility Plant Operator Contract (VA-22-00039074) for VA Northern California Healthcare System

Page 1 of 17 I SCHEDULE OF SERVICES Services Provided: The Contractor shall provide onsite Chiller/Boiler Operators to provide services to operate the VA Northern California Health Care System (VANCHCS) Utility System Energy Center as further defined in this PWS in accordance with the specifications contained herein. Place of Performance: Contractor shall furnish services at the VANCHCS, Sacramento VA Medical Center, 10535 Hospital Way, Mather, California 95655. Period of Performance: Base 120 Days Option 120 Days II PERFORMANCE WORK STATEMENT GENERAL SERVICES REQUIRED: The Contractor shall provide two Boiler/Chiller Operators who will have responsibility for operating the VANCHCS Utility System Energy Center onsite as further defined in this PWS. 960.00 Hours per Operator, totaling 1920 Hours for the duration of the Period of Performance. PLACE OF PERFORMANCE: VANCHCS, Sacramento VA Medical Center, 10535 Hospital Way, Mather, CA 95655. POLICY AND REGULATIONS: Contractor shall comply with all applicable policy and regulations, including, but not limited to, the following: Privacy Act of 1974 (5 U.S.C. 552a) as amended http://www.justice.gov/opcl/privacy-act-1974. DEFINITIONS/ACRONYMS: CDR: Contract Discrepancy Report Contracting Officer (CO): The person executing this contract on behalf of the Government with the authority to enter into and administer contracts and make related determinations and findings. Contracting Officer s Representative (COR): A person appointed by the CO to take necessary action to ensure the Contractor performs in accordance with and adheres to the specifications contained in the contract and to protect the interest of the Government. The COR shall report to the CO promptly any indication of non-compliance in order that appropriate action can be taken. CPARS: Contractor Performance Assessment Reporting System HIPAA: Health Insurance Portability and Accountability Act ISO: Information Security Officer NFPA: National Fire Protection Association OSHA: Occupational Safety and Health Administration PWS: Performance Work Statement QASP: Quality Assurance Surveillance Plan TJC: Joint Commission on the Accreditation of Hospital Organizations VA: The Department of Veterans Affairs. Veterans Health Administration (VHA): The central office for administration of the VA medical centers through throughout the United States. The VHA is located in Washington, D.C. Veterans Integrated Services Network (VISN): The regional oversight for the VA medical centers in California, Hawaii and Nevada. VISTA (Veterans Integrated Systems Technology Architecture): A PC-based system that will capture and store clinical imagery, scanned documents and other non-textual data files and integrates them into patient s medical record and with the hospital information system. Veterans Affairs Medical Center (VAMC): Unless identified with the name of a different VA medical center, for purposes of this contract, this term shall mean the Sacramento VA Medical Center. QUALIFICATIONS STAFF: Education, Training and Experience: The Chiller/Boiler Operators will possess formal or informal education, training and experience in utility systems operations. Contractor personnel performing services under this contract shall possess a minimum of one year documented experience as a plant operator. Technical Proficiency: The contract Chiller/Boiler Operators must have recent documented experience working as a Chiller/Boiler Operator. Experience in a health care setting is desirable. The Contract Chiller/Boiler Operators shall have the following knowledge, skills and abilities to successfully perform the work: Ability to perform the common tasks associated with journeyman duties in a line of work on one's own initiative, subject to occasional inspection. Ability to do the common tasks associated with journeyman duties in a line of work, under close supervision and subject to inspection at the end of each task. Read and record temperatures, pressures, and operating data as required within a boiler pant. Ability to perform boiler inspections to all boiler controls, combustion equipment, water leveler regulation, steam regulators, 0-2 recorder, automatic 0-2 trim systems, safety devices, instruments, flow meters, feed pumps, gas regulators, automatic controls and air regulators. Maintain constant observation of the meters, charts, gauges, water levels and temperatures to ensure that all systems are functioning properly. Read and record temperatures, pressures, and operating data as required within a boiler plant. Ability to interpret instruction, specifications operating procedures: Determine proper chemicals to be added to the water in the proper proportions in which they are to be added to prevent corrosion and scale formation. Add chemicals to the chiller system and record test results and chemicals added. Perform adjustments and corrections to boilers based on recorded inspection date. Knowledge of equipment assembly, installation repairs: make repairs on boilers, chillers and related equipment, such as replacing bearings, packing and mechanical seals in pumps both liquid transfer and vacuum. Install and maintain all auxiliary air conditioning equipment consisting of chill water pumps, glycol circulating pumps, cooling towers, control air compressors, refrigerated /desiccants type air-dryers, pneumatic/electric control valves, variable frequency drives, digital pneumatic variable air volume boxes, electronic air filters, electric/steam humidifiers, automatic/manual water treatment systems, exhaust fans, air-balancing accessories. Ability to perform minor steam fitting, plumbing, electrical work, painting, and housekeeping of the boiler plant. Possess the ability to work independently without direct supervision. The Contract Chiller/Boiler Operators shall be technically proficient in the skills necessary to fulfill the Government s requirements, including the ability to speak, understand, read and write English fluently. Possess working knowledge of computers, specifically the Windows Operating System including experience using Internet and Microsoft Outlook or other email program. Experience utilizing Microsoft Word, Microsoft Excel, Microsoft Outlook is desirable. Contractor shall provide documents upon request of the CO/COR to verify current and ongoing competency, skills, and any certifications related to the services being performed. Contractor shall provide verifiable evidence of all educational, training and work experience as requested by the CO/COR. NON-PERSONAL SERVICES Inherently Governmental Functions: Contractor and Contractor Personnel shall not perform inherently governmental functions. This includes, but is not limited to, determination of agency policy, determination of federal program priorities for budget requests, direction and control of government employees, selection or non-selection of individuals for federal government employment, including the interviewing of individuals for employment, approval of position descriptions and performance standards for federal employees, approving any contractual documents, approval of federal licensing actions and inspections, and/or determination of budget policy, guidance, and strategy. The Contractor shall be responsible for the management, supervision, leave approval, and discipline of their employees. At no time shall the Contractor supervise any federal employee. There shall be no work directed or supervision of Contractor s employees by any Government/VA employee. Any issues or concerns shall be addressed to the COR. The Contractor shall not represent the VA as a COR nor shall the Contractor have any authority to sign any document on behalf of the VA. No Employee Status: The Contractor shall be responsible for protecting the Contract Personnel furnishing services to the Government under this contract. The Contractor shall provide or certify that the following is provided for all their staff providing services under the resultant contract: Workers compensation Professional liability insurance (as applicable) Health examinations Income tax withholding, and Social security payments. Tort: The Federal Tort Claims Act does not cover Contractors or Contractor Personnel. When a Contractor or a member of their staff has been identified in a tort claim, the Contractor is responsible for notifying their legal counsel and/or insurance carrier. Any settlement or judgment arising from an action or non-action Contractor s Personnel is the responsibility of the Contractor and/or insurance carrier. KEY PERSONNEL AND EMERGENCY SUBSTITUTIONS: The VA Full Time Equivalency (FTE) for the services required is 2.0 FTE is defined by VA as two personnel, each providing a minimum of 80 hours of services every two weeks, excluding federal holidays as specified herein. Emergency Substitutions: During the first ninety (90) calendar days of performance, the Contractor shall make NO substitutions of key personnel unless the substitution is necessitated by illness, death or termination of employment. The Contractor shall notify the Contracting Officer (CO), in writing, within 15 calendar days after the occurrence of any of these events and provide the information required below. After 90 days, the Contractor shall submit the information required below to the CO at least 15 calendar days prior to making any permanent substitutions. The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the CO. Proposed substitutes shall have comparable qualifications to those of the persons being replaced. The CO will notify the Contractor within 15 calendar days after receipt of all required information of the decision on the proposed substitutes. The contract will be modified to reflect any approved changes of key personnel. For temporary substitutions where the key person will not report to work for three (3) consecutive work days or more, the Contractor shall provide a qualified replacement for the key person. The substitute shall have comparable qualifications to the key person. Any period exceeding two weeks will require the procedure as stated above. The Government reserves the right to refuse acceptance of any Contractor personnel at any time after performance begins, if personal or professional conduct jeopardizes patient care or interferes with the regular and ordinary operation of the facility. Breaches of conduct include intoxication or debilitation resulting from drug use, theft, patient abuse, dereliction or negligence in performing directed tasks, or other conduct resulting in formal complaints by patients or other staff members to designated Government representatives. Standards for conduct shall mirror those prescribed by current federal personnel regulations. Should the VA Contracting Officer s Representative (COR) or designee encounter documented problems or continual unprofessional behavior/actions with any Contractor Personnel, s/he may request, without cause, immediate replacement of said contract Personnel. CONFLICT OF INTEREST: The Contractor and all Contractor Personnel performing services under this contract are responsible for identifying and communicating to the CO and COR conflicts of interest at the time of proposal and during the entirety of contract performance. At the time of proposal, the Contractor shall provide a statement which describes, in a concise manner, all relevant facts concerning any past, present, or currently planned interest (financial, contractual, organizational, or otherwise) or actual or potential organizational conflicts of interest relating to the services to be provided. The Contractor shall also provide statements containing the same information for any identified consultants or subcontractors who shall provide services. The Contractor must also provide relevant facts that show how it s organizational and/or management system or other actions would avoid or mitigate any actual or potential organizational conflicts of interest. These statements shall be in response to the VAAR provision 852.209-70 Organizational Conflicts of Interest (Jan 2008) and fully outlined in response to the subject attachment in Section D of the solicitation document. CITIZENSHIP REQUIREMENTS The Contractor certifies that the Contractor shall comply with any and all legal provisions contained in the Immigration and Nationality Act of 1952, As Amended; its related laws and regulations that are enforced by Homeland Security, Immigration and Customs Enforcement and the U.S Department of Labor as these may relate to non-immigrant foreign nationals working under contract or subcontract for the Contractor while providing services to the VA. While performing services for the VA, the Contractor shall not knowingly employ, contract or subcontract with an illegal alien; foreign national non-immigrant who is in violation their status, as a result of their failure to maintain or comply with the terms and conditions of their admission into the United States. Additionally, the Contractor is required to comply with all E-Verify requirements consistent with Executive Order 12989 and any related pertinent Amendments, as well as applicable Federal Acquisition Regulations. If the Contractor fails to comply with any requirements outlined in the preceding paragraphs or its Agency regulations, the VA may, at its discretion, require that the foreign national who failed to maintain their legal status in the United States or otherwise failed to comply with the requirements of the laws administered by Homeland Security, Immigration and Customs Enforcement and the U.S Department of Labor, shall be prohibited from working at the Contractor s place of business that services the VA; or other place where the Contractor provides services; and shall form the basis for termination of this contract for breach. This certification concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under 18 U.S.C. 1001. The Contractor agrees to obtain a similar certification from its subcontractors. The certification shall be made as part of the offerors response to the RFP using the subject attachment in Section D of the solicitation document. HOURS OF OPERATION BUSINESS HOURS AND WORK SCHEDULE: The Sacramento VA Energy Center operates 24 hours a day, 365 days per year. Chiller/Boiler Operators shall genrally provide services during regular weekdays, however on occasion due to shift schedule rotations may be requested to work a holiday or weekend day. The Contractor shall be notified no less than 5 days prior to the shift schedule rotation. Each Boiler Operator is expected to work maximum of 8 hours per day which includes a 30-minute lunch break, and a maximum of 40 hours per week. If an emergency replacement shift is required in excess of the 40 hours per week, it will be requested through a bi-lateral modification issued from the VA Contracting Officer. Contractor shall appoint one Chiller/Boiler Operator to perform each of the following shifts: Day Shift: Monday through Friday, 7:00 a.m. to 3:30 p.m. Swing Shift: Monday through Friday, 3:30 p.m. to 11:00 p.m. FEDERAL HOLIDAYS: The following holidays are observed by the VA: New Year s Day Washington s Birthday* Martin Luther King Jr. s Birthday Memorial Day Juneteenth Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day Any day specifically declared by the President of the United States to be a national holiday. *This holiday is designated as "Washington s Birthday" in section 6103(a) of title 5 of the United States Code, which is the law that specifies holidays for federal employees. Though other institutions such as state and local governments and private businesses may use other names, it is VA s policy to always refer to holidays by the names designated in the law. Unless a state of emergency has been declared or VANCHCS facilities are closed by the VA, the Contractor shall be responsible for providing services. In the event Contractor Personnel are unable to complete an assigned shift, the Contractor shall notify the COR or designee on the day or evening prior to the shift, or on the morning of the scheduled shift, no less than one hour prior to the start of the shift. CONTRACTOR RESPONSIBILITIES SERVICES REQUIRED Working onsite in the Engineering & Facilities Management Service (E&FMS), the Chiller/Boiler Operator(s) will be responsible for independently operating and maintaining utility plant equipment and systems with minimal or no supervision. SPECIFIC CONTRACTOR TASKS Operate the boiler feed water treatment plant and test the water, adding proper chemicals to boiler feed water if necessary. Operate the air conditioning management system consisting of an automatic data system for gathering and recording plant and remote air conditioning data. Maintain one or multiple gas/propane fired water or fire tube boilers equipped with electronic controls, and associated auxiliary control equipment. Observe boiler controls, gauges and charts to make necessary adjustments for proper fuel and airflow to maintain system pressure. Perform boiler inspections to all boiler controls, combustion equipment, water leveler regulation, steam regulators, 0-2 recorder, automatic 0-2 trim systems, safety devices, instruments, flow meters, feed pumps, gas regulators, automatic controls and air regulators. Maintain constant observation of the meters, charts, gauges, water levels and temperatures to ensure that all systems are functioning properly. Read and record temperatures, pressures, and operating data as required within the boiler plant. Determine proper chemicals to be added to the water in the proper proportions in which they are to be added to prevent corrosion and scale formation. Add chemicals to the chiller system and record test results and chemicals added. Perform adjustments and corrections to boilers based on recorded inspection date. Make repairs on boilers, chillers and related equipment, such as replacing bearings, packing and mechanical seals in pumps both liquid transfer and vacuum. Install and maintain all auxiliary air conditioning equipment consisting of chill water pumps, glycol circulating pumps, cooling towers, control air compressors, refrigerated /desiccants type air-dryers, pneumatic/electric control valves, variable frequency drives, digital pneumatic variable air volume boxes, electronic air filters, electric/steam humidifiers, automatic/manual water treatment systems, exhaust fans, air-balancing accessories. Perform minor steam fitting, plumbing, electrical work, painting, and housekeeping of the boiler plant. PERFORMANCE STANDARDS, QUALITY ASSURANCE (QA) AND QUALITY IMPROVEMENT (QI): All services will be provided in accordance with regulatory guidelines, which include: local policies and standard operating procedures, NFPA codes, JCAHO standards, OSHA regulations, equipment manufacturer s operation s manuals. Contractor personnel will have a full understanding of these regulations and procedures as they pertain to the field of Chiller/Boiler Plant Operations. In accordance with VA regulations, a record-keeping system will be established and maintained by the Contracting Officer s Representative (COR) to ensure contract compliance. Upon verification of services, payment will be authorized by the COR. Contractor agrees to provide services which meet or exceed the standards as established by the JCAHO, VA policies, VANCHCS accepted standard services, and the organizations stated in 4.3.1 above. Contractor personnel shall report any catastrophic or emergency situations to the COR immediately so appropriate action can be taken to preserve the environment of care. The COR shall be responsible for monitoring the performance of the contract Chiller/Boiler Operators. The services specified herein may be changed by mutual written agreement of the parties, in accordance with the terms and conditions set forth herein. The Government reserves the right to refuse acceptance of Contractor s personnel at any time after performance begins, if personal or professional conduct jeopardizes patient care or interferes with the regular and ordinary operation of the facility. Breaches of conduct include intoxication or debilitation resulting from drug use, theft, patient abuse, dereliction or negligence in performing directed tasks, or other conduct resulting in formal complaints by patients or other staff members to designated Government representatives. Standards for conduct shall mirror those prescribed by current federal personnel regulations. The CO and COR shall deal with issues raised concerning the conduct of the contract Chiller/Boiler Operators. The final arbiter on questions of acceptability is the CO. The CO shall resolve complaints concerning Contractor and/or Contractor personnel relations with the Government employees or patients. The CO is final authority on validating complaints. In the event that the Chiller/Boiler Operators are involved and named in a validated patient complaint, the Government reserves the right to refuse acceptance of the services of such personnel. This does not preclude refusal in the event of incidents involving physical or verbal abuse. The Government may evaluate the quality of professional and administrative services provided. Methods of Surveillance/Performance Standards: Contractor shall comply with the required standards as outlined in the QASP. The QASP shall be attached to the resultant contract and shall define the methods and frequency of surveillance conducted. DRESS AND APPEARANCE: Contractor personnel shall present a professional, conservative, and neat appearance. Contractor shall report for duty in a professional manner, in appropriate attire befitting a healthcare setting, and having complied with acceptable standards of personal hygiene expected of health care workers. Facial hair (including beards, mustaches, and sideburns) shall be controlled (restrained) or trimmed. It shall not interfere with safe work practices or be unclean. Contractor employee(s) clothing shall fit to provide a professional, modest appearance, in keeping with normally accepted community standards of dress for the work being performed as further described in Section 5.1.2. RECORDKEEPING: The Chiller/Boiler Operators shall be required to sign-in and sign-out when in attendance. Timesheets will be used by the COR to confirm hours/day and services provided against the Contractor s invoices. STANDARD PERSONNEL TESTING (PPD, ETC.): Contractor shall provide proof of the following tests for Contractor Personnel within five (5) calendar days after contract award and prior to the first duty shift to the COR and CO. Tests shall be current within the past year. Tuberculosis Testing: Contractor shall provide proof of a negative reaction to PPD testing for all Contractor Personnel peforming services under this contract. A negative chest radiographic report for active tuberculosis shall be provided in cases of positive PPD results. The PPD test shall be repeated annually. Rubella Testing: Contractor shall provide proof of immunization for all Contractor Personnel performing services under this contract, for measles, mumps, rubella or a rubella titer of 1.8 or greater. If the titer is less than 1.8, a rubella immunization shall be administered with follow-up documentation to the COR. GOVERNMENT RESPONSIBILITIES VA SUPPORT PERSONNEL, SERVICES OR EQUIPMENT: Although the majority of the work environment of the Chiller/Boiler Operators is indoors in a utility plant some activities may be performed outside (for example on the roof or other external areas where equipment is located). VA will provide shared conventional office equipment and associated supplies provided such as desk, filing cabinets, telephone, facsimile, PC computer system, photocopier, paper, pens, pencils, staples etc. Note: depending on the availability and need, equipment and supplies may vary in type, kind and quantity. VA will provide uniforms which shall consist of a fire-retardant uniform shirt, fire-retardant jeans and steel-toed workboots. Contractor personnel shall be required to wear the uniform and other government-furnished personal protective equipment (PPE) as required by VA to ensure a safe work environment. The Government will purchase repair or spare parts as required by the Chiller/Boiler Operators in the performance of services under this contract. Such purchases will be processed through existing VA procurement channels. The Chiller/Boiler Operators will coordinate these purchases through the COR. The Government will provide the Chiller/Boiler Operators with a Personal Identification Verification (PIV) badge. Contractor personnel are expected to wear/display this badge at all times while on VA property. OVERSIGHT OF SERVICE/PERFORMANCE MONITORING: After award of contract, all inquiries and correspondence relative to the administration of the contract shall be addressed to: CO (CONTRACTING OFFICER) COR (CONTRACTING OFFICER S REPRESENTATIVE) CO RESPONSIBILITIES: The CO is the only person authorized to approve changes or modify any of the requirements of this contract. The Contractor shall communicate with the CO on all matters pertaining to contract administration. Only the CO is authorized to make commitments or issue any modification to include (but not limited to) terms affecting price, quantity or quality of performance of this contract. The CO shall resolve complaints concerning Contractor relations with the Government employees or patients. The CO is final authority on validating complaints. In the event the Contractor effects any such change at the direction of any person other than the CO without authority, no adjustment shall be made in the contract price to cover an increase in costs incurred as a result thereof. In the event that contracted services do not meet quality and/or safety expectations, the best remedy will be implemented, including but not limited to, a targeted and time limited performance improvement plan; increased monitoring of the contracted services; consultation or training for Contractor personnel to be provided by the VA; replacement of the contract personnel and/or renegotiation of the contract terms or termination of the contract. COR RESPONSIBILITIES: The COR shall be the VA official responsible for verifying contract compliance. After contract award, any incidents of Contractor noncompliance as evidenced by the monitoring procedures shall be forwarded immediately to the CO. The COR will be responsible for monitoring the Contractor s performance to ensure all specifications and requirements are fulfilled. The COR will maintain a record-keeping system of services by electronic and paper file. The COR will review this data monthly when invoices are received and certify all invoices for payment by comparing the hours documented on the VA record-keeping system and those on the invoices. Any evidence of the Contractor's non-compliance as evidenced by the monitoring procedures shall be forwarded immediately to the CO. The COR will review and certify monthly invoices for payment. If, in the event the Contractor fails to provide the services in this contract, payments will be adjusted to compensate the Government for the difference. All contract administration functions will be retained by the VA. ORIENTATION: Contractor Personnel shall be oriented to the VANCHCS, Sacramento VA Medical Center, prior to providing services. The Orientation will be properly documented and the VA COR will assess the competency of the Contractor Personnel. Onsite orientation will be provided on the first day of work. EMERGENCY HEALTH SERVICES: The VA will render emergency health services for an incapacitating injury or otherwise serious illness occurring while on duty at the VANCHCS. All services, to include wages earned during the period of initial medical evaluation provided by the VA, shall be reimbursed by the contractor. The contractor shall furnish the VA with the necessary injury/illness form(s) for reporting purposes. The VA for statistical and/or billing purposes will retain a copy of the completed form(s). SECURITY ISSUES AND ACCESS: General: The Sacramento VAMC is a federal government installation and therefore a personnel background check may need to be processed and sent to the CO prior to the contractor personnel reporting for work. All background checks will be performed by VA s Security Investigation Center (SIC). All personell assigned to this contract must have held a VA SAC security clearance within the past 36 months and will be required to obtain a new SAC (Non-PIV) security clearance within 10 days of date of contract award. Personal Identification Verification (PIV) Card: Upon completion of the background check, VANCHCS Human Resources will issue the contract employee with a PIV card, which will be required for local VA identification as well as access to the government computer systems. Each contract employee shall wear and display their assigned PIV card so that it is visible at all times, and in accordance with guidance provided by Human Resources. The badge will display the full name, title and if required by Human Resources, the words Contractor in front. Upon termination of their services under the contract Contractor/Contract employees shall turn in the PIV card to the COR or designated representative. The Contractor shall be responsible for the replacement cost of lost or non-returned PIV cards. The Contractor is responsible for absences of contract employees due to expired or lost PIV cards. Vehicle Decals: All contract employees must register their vehicles with the VA Police Office to gain access onto the VA Campus. A valid driver s license, government-furnished civilian ID, proof of insurance and current registration must be presented to the VA Police Office, at which time a VA decal will be issued. The decal shall be placed on the vehicle s front windshield in accordance with instructions provided by the VA Police. Upon termination of services under this contract, Contract employees shall follow VA procedures for removal and turn-in of the vehicle decal. Vehicles, with or without a VA decal, are subject to search while on VA property. PIV cards and VA parking decals will not be issued until the background checks are completed and approved by the SIC. Security: All contractors and contractor personnel shall be subject to the same federal security and privacy laws, regulations, standards and VA policies, including the Privacy Act, 5 U.S.C. 552a, and VA personnel, regarding information and information system security. Contractors shall follow policies and procedures outlined in VA Directive 6500, Information Security Program which is available at: http://www1.va.gov/vapubs and its handbooks to ensure appropriate security controls are in place. Confidentiality. Contractor personnel who obtain access to hardware, software or media, which may manipulate or store any sensitive information, that is protected under 38 USC 4132 or 3305, as defined by the VA, must not access information unless absolutely necessary to perform their contractual duties. Disclosure of any sensitive data obtained during performance of assigned duties under this contract is prohibited. Violation of these statutory provisions may involve imposition of criminal penalties. Contractor is considered to be a VA contractor for purposes of Privacy Act, Title 5 U.S.C. 552a. HIPAA. The Contractor shall abide by the Standards for Privacy of Individually Identifiable Health Information of the Health Insurance Portability and Accountability Act (HIPAA), Public Law 104-01. The Contractor shall not use or further disclose Protected Health Information other than as permitted or required by the contract or as required by Law. The Contractor shall use appropriate safeguards to prevent use or disclosure of the Protected Health Information. The Contractor shall mitigate, to the extent practicable, any harmful effect that is known to the Contractor of a use or disclosure of Protected Health Information by the Contractor in violation of the requirements of this contract. The Contractor shall report to the Government any use or disclosure of the Protected Health Information not provided for by this Contract. The Contractor shall document, in a time and manner designated by the Government, any disclosure of Protected Health Information as would be required for the Government to respond to a request by an individual for an accounting of disclosure of Protected Health Information. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data. IDENTIFICATION, PARKING, SMOKING AND VA REGULATIONS: Contractor personnel shall wear visible identification at all times while on the premises of VANCHCS. All personnel entering the VA facility may have to consent to inspection of all categories of packages as a condition of admittance. It is the responsibility of contractor personnel to park in the appropriate designated parking areas. Information on parking is available from VA Police. VA will not invalidate or make reimbursement for parking violations under any conditions. Smoking is prohibited in any VANCHCS building and the surrounding grounds, including the parking lots. Smoking is permitted only in a designated shelter. Intoxication, debilitation resulting from drug use, insubordination, theft, patient abuse, dereliction or negligence in performing directed tasks and possession of weapons is prohibited and grounds for immediate removal from VANCHCS by the VA Police. All personnel entering the facility may have to consent to inspection of all categories of packages as a condition of admittance. Violations of VA Regulations may result in a citation answerable in the U.S. Federal District Court. BILLING AND INVOICES BILLING: Invoice requirements and supporting documentation: Electronic invoices shall be submitted monthly in arrears, no later than the 20th workday of the month following the month in which services were performed. Subsequent changes or corrections shall be submitted by separate invoice. In addition to information required for submission of a proper invoice in accordance with FAR 52.212-4(g), all invoices must include the following supporting documentation: Name and address of Contractor Invoice date and invoice number Contract number and purchase/task order number Date(s) of service Contract chiller/boiler operator(s) names (Name(s) of Contractor s employee(s)) Hourly rate Quantity of hours worked Total price Vendor Electronic Invoice Submission Methods Facsimile, e-mail, and scanned documents are not acceptable forms of submission for payment requests. Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods below: VA s Electronic Invoice Presentment and Payment System The FSC uses a third-party contractor, OB10, to transition vendors from paper to electronic invoice submission. Please go to this website: http://ob10.com/us/en/veterans-affairs-us/ to begin submitting electronic invoices, free of charge. A system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) chartered by the American National Standards Institute (ANSI). The X12 EDI Web site (http://www.x12.org ). The Contractor may contact FSC at the phone number or email address listed below with any questions about the e-invoicing program or OB10: OB10 e-Invoice Setup Information: 1-877-489-6135 OB10 e-Invoice email: VA.Registration@ob10.com FSC e-Invoice Contact Information: 1-877-353-9791 FSC e-invoice email: vafsccshd@va.gov INFORMATION SECURITY AND MANDATORY TRAINING 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 Access to VA Information and VA Information Systems: 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. 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. The contractor or subcontractor must notify the CO 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 CO must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination. 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). 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. 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. 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: Nature of the event (loss, theft, unauthorized access); 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; Number of individuals affected or potentially affected; Names of individuals or groups affected or potentially affected; 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; Amount of time the data has been out of VA control; 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. Training All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and its systems: Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, Appendix E relating to access to VA information and information systems; Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training; Successfully complete the appropriate VA privacy training and annually complete required privacy training; and Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system access. The Contractor shall provide to the COR and/or the COR a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee within one week of the initiation of the contract and annually thereafter, as required. Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete. Security Requirements for Unclassified Information Technology Resources: The contractor, their personnel, and their subcontractors shall be subject to the federal laws, regulations, standards, and VA Directives and Handbooks regarding information and information system security as delineated in this contract. Security Accreditation Package (C&A): The C&A requirements do not apply and a Security Accreditation Package is not required. Training Management System (TMS): Mandatory VA Training will be accomplished by the use of TMS, a system that offers Web-based training to VA employees and its partners. As contract employees, the contract physicians must self-enroll for a profile on the VA TMS by visiting https://www.tms.va.gov/plateau/user/login.jsp. All contract personnel accessing any other VA information/computer system will be required to complete VA Information Security Awareness, Rules of Behavior, Privacy Act, and HIPAA training and sign all applicable computer user agreements (e.g. Rules of Behavior) prior to accessing VA systems. All employees, including contract personnel are required to complete this training annually. The COR will be responsible for ensuring and documenting that this requirement is satisfied. Contract personnel shall maintain, access, release, and otherwise manage the information contained on VA information/computer systems in accordance with all VA/VHA security policies, applicable VA confidentiality statutes (Title 38 U.S.C. Section 5701 and Title 38 U.S.C Section 7332) and the respective regulations implementing these statutes, and Federal statutes and/or regulations applicable to federal agency records. Copies of this information discussed in the aforementioned paragraphs can be provided to the Contractor and contract personnel upon request. Contract personnel with access to VA information/computer systems shall take reasonable safeguards, both physical and electronic, to safeguard the information and prevent unauthorized disclosures. Should contract personnel know, or suspect, that VA information/computer security was compromised or that VA information was, or could possibly be, disclosed to an unauthorized party, contract personnel must immediately report such knowledge or suspicion to the COR, who will then immediately notify the appropriate VA officials. If contract personnel are authorized by VA to access VA information/computer systems remotely via non-VA issued computers, the Contractor will ensure that such computers are consistent with VA requirements, and will upgrade those computers (hardware and/or software) if instructed to do so by VA in order to ensure compatibility and security when VA information/computer systems are accessed by the end user. Individually identifiable health information will not reside on the contractor s computer hard drives. After contract award, VA reserves the right to inspect the contractor s facilities, installations, operations, documentation, records, databases, and computers to ensure these requirements are met. The Contractor shall make its internal policies and practices regarding the safeguarding of medical and/or electronic information available to VA, and any other federal agencies with enforcement authority over the maintenance and safeguard of such records, upon request. The Contractor shall follow all of the previously mentioned statutes and respective regulations implementing these statutes as well as VA Directive 6504 Restrictions on Transmission, Transportation and Use of, and Access to VA Data Outside a VA Facility, VA Directive 6601 Removable Storage Media, and any other VA/VHA policies and procedures governing the information discussed in this section of the contract. Copies of the information discussed in the aforementioned paragraphs may be viewed by contract personnel in the Office of Information Security (see the Information Security Officer). Any changes in the laws, regulations, or VA/VHA policies or procedures governing the information covered by this section of the contract, during the term of this contract, shall be deemed to be incorporated into this contract. In performance of official duties, Contractor s staff have regular access to printed and electronic files containing sensitive data, which must be protected under the provisions of the Privacy Act of 1974 (5 U.S.C. 552a), and other applicable laws, Federal Regulations, Veterans Affairs statutes, policies and regulations. Contractor s staff are responsible for (1) protecting that data from unauthorized release or from loss, alteration, or unauthorized deletion and (2) following all applicable regulations and instructions regarding access to computerized files, release of access codes, etc., as set out in a computer access agreement which contract provider(s) signs. Rules of Behavior for Automated Information Systems: Contractor s staff members having access to VA Information Systems are required to read and sign a Rules of Behavior statement which outlines rules of behavior related to VA Automated Information Systems. The COR will provide, through the facility ISO, the Rules of Behavior to the Contractor for the respective facility. OTHER MANDATORY VA TRAINING AS REQUIRED. Upon reporting to the VA, Upon reporting to the VA, VANCHCS will inform the Contractor of any other required training by the COR. RECORDS MANAGEMENT OBLIGATIONS A.  Applicability This clause applies to all Contractors whose employees create, work with, or otherwise handle Federal records, as defined in Section B, regardless of the medium in which the record exists.   B.  Definitions Federal record as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.   The term Federal record: includes VHA records.  does not include personal materials. applies to records created, received, or maintained by Contractors pursuant to their VHA contract. may include deliverables and documentation associated with deliverables. C.  Requirements Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.  In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.  In accordance with 36 CFR 1222.32, the Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.  VHA and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of VHA or destroyed except in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage, or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, the Contractor must report to VHA. The agency must report promptly to NARA in accordance with 36 CFR 1230. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records, or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records, and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records, and/or equipment is no longer required, it shall be returned to VHA control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand-carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4). The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material, and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and VHA guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with VHA policy.  The Contractor shall not create or maintain any records containing any non-public VHA information that is not specifically tied to or authorized by the contract.  The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.  The VHA owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which VHA shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20. Training.  All Contractor employees assigned to this contract who create, work with or otherwise handle records are required to take VHA-provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.  [Note: To the extent an agency requires contractors to complete records management training, the agency must provide the training to the contractor.]  D.  Flow down of requirements to subcontractors The Contractor shall incorporate the substance of this clause, its terms, and requirements including this paragraph, in all subcontracts under this [contract vehicle], and require written subcontractor acknowledgment of same.  Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.