PRESOL | R | SME Operational Systems Engineering

FBO DAILY ISSUE OF AUGUST 04, 2010 FBO #3175
SOLICITATION NOTICE

R -- SME Operational Systems Engineering

Notice Date: 8/2/2010
Notice Type: Combined Synopsis/Solicitation
NAICS: 541712 — Research and Development in the Physical, Engineering, and Life Sciences (except Biotechnology)
Contracting Office: Department of Veterans Affairs;VA Boston Healthcare System;Contracting Officer (90C);940 Belmont Street;Brockton MA 02301
ZIP Code: 02301
Solicitation Number: VA24110RQ0555
Response Due: 8/6/2010
Archive Date: 8/11/2010
Point of Contact: Cheri K. Wicks
Small Business Set-Aside: N/A
Description: This is a combined synopsis/solicitation for a commercial service prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. In order to provide for necessary services, VA intends to issue a sole-source contract to an identified vendor under the authority of FAR 6.302-1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements. A contract with a base of 6 months and two 6-month options is anticipated. This is a notice of intent to sole-source a requirement. It is not a request for competitive proposals. This is a Request for Quotation (RFQ); the solicitation number is VA-241-10-RQ-0555. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular July 16, 2010. This requirement is not set aside; it is conducted under the authority of FAR 6.302-1, Only One Responsible Source and No Other supplies or Services Will Satisfy Agency Requirements. The NAICS Code is 541712. Delivery shall be at various teleconferences, emails, conferences, meetings, and events as specified by NEHCEP. FAR 52.212-1, Instructions to Offerors-Commercial Items is applicable. FAR 52-212-2, Evaluation-Commercial Items is applicable; the factors are technical, past performance, and price. A completed copy of FAR 52.212-3, Offeror Representations and Certifications-Commercial Items shall accompany the quote. FAR 52.212-4, Contract Terms and Conditions--Commercial Items is applicable as well as the provided addenda. FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes Or Executive Orders-- Commercial Items is applicable. Specific additional FAR clauses are marked. B.3 PRICE/COST SCHEDULE BASE PERIOD - September 1, 2010 through February 28, 2011 Contract Line Item Number Description Quantity and Unit Unit Price Total 0001Provide subject matter expertise in Operational Systems Engineering to design effective collaboration between NEHCEP and its academic affiliates.16 hours/week 0002Travel and travel related expense reimbursement.4 Trips Total: $_____________ OPTION PERIOD ONE - March 1, 2011 through August 31, 2011 Contract Line Item Number Description Quantity and Unit Unit Price Total 0001Provide subject matter expertise in Operational Systems Engineering to design effective collaboration between NEHCEP and its academic affiliates.16 hours/week 0002Travel and travel related expense reimbursement.4 Trips Total: $_____________ OPTION PERIOD TWO - September 1, 2011 through February 28, 2012 Contract Line Item Number Description Quantity and Unit Unit Price Total 0001Provide subject matter expertise in Operational Systems Engineering to design effective collaboration between NEHCEP and its academic affiliates.16 hours/week 0002Travel and travel related expense reimbursement.4 Trips Total: $_____________ AGGREGATE TOTAL: $_____________ VA New England New England Health Care Engineering Partnership Statement of Work VISN 1 Academic Engineering Planning VHA has initiated transformation efforts to partner with academic engineers to develop innovative solutions to critical VA problems and to build learning programs on operations systems engineering for VHA staff. To meet this requirement, the VISN 1 New England Health Care Engineering Partnership (NEHCEP) and its academic affiliate, Northeastern University (NU), seek to procure subject matter expertise services. The successful candidate should be one of the leading authorities in health systems engineering. This expertise is needed to advise and design the NEHCEP collaboration strategies for academic engineering. To this end, NU and the successful candidate have exceptional experience and expertise in applying methods of operations systems engineering to important health care operational problems. The proposed candidate should hold an associate professor of Mechanical and Industrial Engineering at Northeastern University appointment. This candidate shall have published numerous articles in scientific journals on operations systems engineering and co-authored or edited numerous articles on this and other healthcare related topics. Additionally, the candidate shall be a member in good standing of the Society for Health Systems (the preeminent professional association in the field) and have been a vital contributor to the successful VISN 1 grant proposal that created NEHCEP. This SOW supports a request to acquire the subject matter expertise necessary to realize the goal of designing effective collaboration between NEHCEP and academic engineering. Specifically, the subject matter expertise support shall provide the following deliverables: "Serve as a national subject matter expert to support the current systems engineering projects of NEHCEP. Current examples include reusable medical equipment, compensation and pension, colorectal cancer, and inpatient flow projects. "Serve as a national subject matter expert to provide expertise in scoping and developing solution sets to national and VISN strategic priorities for systems engineering projects. "Serve as the chair of the NEHCEP Engineering Committee to review current and planned engineering projects and make recommendations for continuing work. "Serve as national subject matter expert to advise on the development of an engineering research agenda and to facilitate the development of research projects (by existing NEHCEP staff or affiliated VA staff) with engineering components. The vendor will need to establish both onsite meeting schedules and/or teleconference meeting schedules with the NEHCEP leadership team. These meetings will be orchestrated by NEHCEP and will be conducted on a weekly basis. Through continuous process improvement and lessons learned, the vendor in concert with the above mentioned leadership team will refine the engineering projects and academic collaboration plan currently underway. ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The following clauses are incorporated into 52.212-4 as an addendum to this contract: 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 ten (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 ten (10) days of contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least ten (10) days of contract expiration 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 eighteen (18 ) months. (End of Clause) 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://www.acquisition.gov/far/index.html http://www.va.gov/oamm/oa/ars/policyreg/vaar/index.cfm (End of Clause) 52.227-11PATENT RIGHTS--OWNERSHIP BY THE DEC 2007 CONTRACTOR 52.227-14RIGHTS IN DATA--GENERALDEC 2007 52.227-17RIGHTS IN DATA--SPECIAL WORKSDEC 2007 52.232-18AVAILABILITY OF FUNDSAPR 1984 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984) Funds are not presently available for performance under this contract beyond SEPTEMBER 30, 2011. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond SEPTEMBER 30, 2011, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer. (End of Clause) (End of Addendum to 52.212-4) 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JUL 2010) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104 (g)). (2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78) (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). [] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010)(Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). [] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) [] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUL 2010) (Pub. L. 109-282) (31 U.S.C. 6101 note). [] (5) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (JUL 2010) (Pub. L. 111-5). [] (6) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a). [] (7) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (July 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). [] (8) [Reserved] [] (9)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644). [] (ii) Alternate I (Oct 1995) of 52.219-6. [] (iii) Alternate II (Mar 2004) of 52.219-6. [] (10)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). [] (ii) Alternate I (Oct 1995) of 52.219-7. [] (iii) Alternate II (Mar 2004) of 52.219-7. [X] (11) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)). [] (12)(i) 52.219-9, Small Business Subcontracting Plan (JUL 2010) (15 U.S.C. 637(d)(4)). [] (ii) Alternate I (Oct 2001) of 52.219-9. [] (iii) Alternate II (Oct 2001) of 52.219-9. [] (iv) Alternate III (JUL 2010) of 52.219-9. [] (13) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)). [] (14) 52.219-16, Liquidated Damages--Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). [] (15)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer.) [] (ii) Alternate I (June 2003) of 52.219-23. [] (16) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting (APR 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). [] (17) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). [] (18) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f). [X] (19) 52.219-28, Post Award Small Business Program Rerepresentation (APR 2009) (15 U.S.C 632(a)(2)). [X] (20) 52.222-3, Convict Labor (June 2003) (E.O. 11755). [] (21) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JUL 2010) (E.O. 13126). [X] (22) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). [X] (23) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). [X] (24) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212). [X] (25) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793). [X] (26) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212). [X] (27) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) [] (28)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) [] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) [] (29) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C. 8259b). [] (30)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423). [] (ii) Alternate I (DEC 2007) of 52.223-16. [] (31) 52.225-1, Buy American Act--Supplies (FEB 2009) (41 U.S.C. 10a-10d). [] (32)(i) 52.225-3, Buy American Act--Free Trade Agreements-- Israeli Trade Act (JUN 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53 and 109-169, 109-283, and 110-138). [] (ii) Alternate I (Jan 2004) of 52.225-3. [] (iii) Alternate II (Jan 2004) of 52.225-3. [] (33) 52.225-5, Trade Agreements (AUG 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). [X] (34) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). [] (35) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). [] (36) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). [] (37) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). [] (38) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). [] (39) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (Oct 2003) (31 U.S.C. 3332). [X] (40) 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332). [] (41) 52.232-36, Payment by Third Party (FEB 2010) (31 U.S.C. 3332). [] (42) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). [] (43)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). [] (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [] (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). [] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). Employee Class Monetary Wage-Fringe Benefits [] (3) 52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). [] (4) 52.222-44, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). [] (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.). [] (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (FEB 2009) (41 U.S.C. 351, et seq.). [] (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009)(Pub. L. 110-247) [] (8) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) [Reserved] (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793). (vii) [Removed and reserved] (viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). (ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements "(Nov 2007)" (41 U.S.C. 351, et seq.). (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (FEB 2009)(41 U.S.C. 351, et seq.). (xii) 52.222-54, Employee Eligibility Verification (JAN 2009) (xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009)(Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of Clause) VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008) The bidder or offeror agrees that if a contract is awarded to him/her, as a result of this solicitation, he/she will not advertise the award of the contract in his/her commercial advertising in such a manner as to state or imply that the Department of Veterans Affairs endorses a product, project or commercial line of endeavor. (End of Clause) VAAR 852.216-70 ESTIMATED QUANTITIES (APR 1984) As it is impossible to determine the exact quantities that will be required during the contract term, each bidder whose bid is accepted wholly or in part will be required to deliver all articles or services that may be ordered during the contract term, except as he/she otherwise indicates in his/her bid and except as otherwise provided herein. Bids will be considered if made with the proviso that the total quantities delivered shall not exceed a certain specified quantity. Bids offering less than 75 percent of the estimated requirement or which provide that the Government shall guarantee any definite quantity, will not be considered. The fact that quantities are estimated shall not relieve the contractor from filling all orders placed under this contract to the extent of his/ her obligation. Also, the Department of Veterans Affairs shall not be relieved of its obligation to order from the contractor all articles or services that may, in the judgment of the ordering officer, be needed except that in the public exigency procurement may be made without regard to this contract. (End of Clause) VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984) The contractor shall obtain all necessary licenses and/or permits required to perform this work. He/she shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract. He/ she shall be responsible for any injury to himself/herself, his/her employees, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by his/her employees fault or negligence, and shall maintain personal liability and property damage insurance having coverage for a limit as required by the laws of the State of Massachusetts. Further, it is agreed that any negligence of the Government, its officers, agents, servants and employees, shall not be the responsibility of the contractor hereunder with the regard to any claims, loss, damage, injury, and liability resulting there from. (End of Clause) VAAR 852.273-75 SECURITY REQUIREMENTS FOR UNCLASSIFIED INFORMATION TECHNOLOGY RESOURCES (Interim - October 2008) (a) The contractor and their personnel shall be subject to the same Federal laws, regulations, standards and VA policies as VA personnel, regarding information and information system security. These include, but are not limited to Federal Information Security Management Act (FISMA), Appendix III of OMB Circular A-130, and guidance and standards, available from the Department of Commerce's National Institute of Standards and Technology (NIST). This also includes the use of common security configurations available from NIST's Web site at: http://checklists.nist.gov (b) To ensure that appropriate security controls are in place, Contractors must follow the procedures set forth in "VA Information and Information System Security/Privacy Requirements for IT Contracts" located at the following Web site: http://www.iprm.oit.va.gov/docs/Security_and_Privacy_Requirements_for_IT_Contracts_Attachment.pdf (End of Clause) VAAR 852.273-76 ELECTRONIC INVOICE SUBMISSION (Interim - October 2008) (a) To improve the timeliness of payments and lower overall administrative costs, VA strongly encourages contractors to submit invoices using its electronic invoicing system. At present, electronic submission is voluntary and any nominal registration fees will be the responsibility of the contractor. VA intends to mandate electronic invoice submission, subject to completion of the federal rulemaking process. At present, VA is using a 3rd party agent to contact contractors regarding this service. During the voluntary period, contractors interested in registering for the electronic system should contact the VA's Financial Services Center at http://www.fsc.va.gov/einvoice.asp. MEMORANDUM FOR RECORD Date: SUBJECT: Exceptions to the Business Associate Standard 1. Description of Acquisition a. Solicitation No. VA-241-10-RQ-0555 Contract No. b. Description of Services: 2. In accordance with 45 CFR 164.502(e), the Privacy Rule includes exceptions to the Business Associate standard. This requirement meets the following exception and does not require a Business Associate agreement in order for Covered Entity to disclose Protected Health Information to: [] A health care provider for treatment; [] A health plan sponsor that provides the health insurance benefits or coverage for the group health plan; [] A health plan that is a public benefits program, such as Medicare or Social Security Administration; [] A health plan or health care provider for payment purposes; [] An organization (janitorial service or electrician) whose access to Protected Health Information would be incidental, if at all; [] US Postal Service, or their private or electronic equivalents, such as Fed Ex or the phone company; [] Organized Health Care Arrangement (OHCA) relating to joint health care activities of the OHCA; [] A person or entity for research purposes; [] Other. Explain 3. Based on the above exception, a Business Associate agreement is not required for this requirement. ______________________________ Contracting Officer CONTRACTOR PERSONNEL SECURITY REQUIREMENTS All contractor employees who require access to the Department of Veterans Affairs' computer systems shall be the subject of a background investigation and must receive a favorable adjudication from the VA Office of Security and Law Enforcement prior to contract performance. This requirement is applicable to all subcontractor personnel requiring the same access. If the investigation is not completed prior to the start date of the contract, the contractor will be responsible for the actions of those individuals they provide to perform work for VA. 1. Position Sensitivity - The position sensitivity has been designated as LOW RISK 2. Background Investigation - The level of background investigation commensurate with the required level of access is National Agency Check. 3. Contractor Responsibilities a. The VA shall bear the expense of obtaining background investigations. b. The contractor shall prescreen all personnel requiring access to the computer systems to ensure they are able to read, write, speak, and understand the English language. c. The contractor shall submit or have their employees submit the following required forms to the VA Office of Security and Law Enforcement within 30 days of receipt: (i) Standard Form 85P, Questionnaire for Public Trust Positions (ii) Standard Form 85P-S, Supplemental Questionnaire for Selected Positions (iii) FD 258, U.S. Department of Justice Fingerprint Applicant Chart (iv) VA Form 0710, Authority for Release of Information Form (v) Optional Form 306, Declaration for Federal Employment (vi) Optional Form 612, Optional Application for Federal Employment d. The contractor, when notified of an unfavorable determination by the Government, shall withdraw the employee from consideration from working under the contract. e. Failure to comply with the contractor personnel security requirements may result in termination of the contract for default. 4. Government Responsibilities a. The VA Office of Security and Law Enforcement will provide the necessary forms to the contractor or to the contractor's employees after receiving a list of names and addresses. b. Upon receipt, the VA Office of Security and Law Enforcement will review the completed forms for accuracy and forward the forms to OPM to conduct the background investigation. c. The VA facility will pay for investigations conducted by the Office of Personnel Management (OPM) in advance. In these instances, the contractor will reimburse the VA facility within 30 days. d. The VA Office of Security and Law Enforcement will notify the contracting officer and contractor after adjudicating the results of the background investigations received from OPM. e. The contracting officer will ensure that the contractor providesevidence that investigations have been completed or are in the process of being requested. STATEMENT OF COMMITMENT AND UNDERSTANDING FOR VA CONTRACTOR EMPLOYEES WHO POSSESS OR HANDLE VA SENSITIVE INFORMATION OR PERSONAL DATA As a contractor employee of the Department of Veterans Affairs (VA), I am committed to safeguarding the personal information that veterans and their families have entrusted to the Department. I am also committed to safeguarding the personal information which VA employees and applicants have provided. To ensure that I understand my obligations and responsibilities in handling the personal information of veterans and their families, I have completed both the annual General Privacy Awareness Training (or VHA Privacy Training, as applicable) and the annual VA Information Security Training. I know that I should contact the Contracting Officer whom will then get in touch with the Information Security Officer or Regional or General Counsel, when I am unsure whether or how I may gather or create, maintain, use, disclose or dispose of information about veterans and their families, and VA employees and applicants. I further understand that if I fail to comply with applicable confidentiality statutes and regulations, I may be subject to civil and criminal penalties, including fines and imprisonment. I also recognize that VA may impose sanctions, up to and including termination of contract for violation of applicable confidentiality and security statutes, regulations and policies. I certify that I have completed the training outlined above and am committed to safeguarding personal information about veterans and their families, and VA employees and applicants. ________________________________________________________ [Print or type name] Signature _________________________________________________________ Position Title Date PRIVACY POLICY TRAINING All contractor and subcontractor employees performing work under this contract and having access to patient records and other privacy act information are required to complete the VHA's mandatory "VHA Privacy Policy" training course. The course is available on-line at the Veteran's Health Administration's (VHA) Employee Education System (EES) website: https://www.ees-learning.net. The basic course is designed to be finished in 50-60 minutes. If you choose to read information behind the MORE buttons, self-test questions, and scenarios, it may take you about 30 more minutes to finish. When the course is successfully completed, a training certificate will be issued on-line. Submittal: Training completion certificates or proof of training for contractor furnished training for all applicable contractor and subcontractor employees shall be forwarded as one submittal package to the Contracting Officer within ten (10) calendar days of Contract or Purchase Order award. INFORMATION SECURITY TRAINING All contractor and subcontractor employees performing work under this contract and having access to VA computer systems are required to complete the VA's mandatory "VA Information Security Awareness" training course. The course is available on-line at the Veteran's Health Administration's (VHA) Employee Education System (EES) website: https://www.ees-learning.net. The course is designed to take approximately 1 hour. When the course is successfully completed, a training certificate will be issued on-line. Submittal: Training completion certificates for all applicable contractor and subcontractor employees shall be forwarded as one submittal package to the Contracting Officer within ten (10) calendar days of Contract or Purchase Order award. Evaluation Criteria OSE Subject Matter Expert 1. Technical Subfactor 1: Specialized Knowledge and Experience in Healthcare setting A. Proposed expert has significant experience in healthcare systems engineering, as indicated by research projects actively funded, research being done with application to health care operational problems. B. Proposed expert has significant experience in healthcare systems engineering, as evidenced by work history, and involvement in healthcare organizations. C. Proposed expert has significant experience in healthcare systems engineering as evidenced by health care professional society memberships and leadership. 2. Technical Subfactor 2: Technical approach A. Approach reflects appreciation of the New England Healthcare Engineering Partnership goals and linkages with national and VISN priorities. B. Approach includes appropriate advice to achieve success within stated time frames and within scope of project. C. Approach reflects appreciation of identifying best methods to achieve successful application of engineering methods to healthcare operational systems needs. 3. Technical Subfactor 3: Operations and Quality Assurance: A.Federal contracts/grants awarded to the contractor in the area of OSE, and particularly health care work. B.Reporting that has been done to comply with federally awarded grants/contracts. C.Methods for quality assurance on data analyses. 4. Past performance on similar projects A. Communication with client, including evidence of successful collaborations and responsiveness to direction. B. Quality and accuracy of work. C. Timeliness of communication. 5. Price/Cost (will not be rated, but will be analyzed for completeness, reasonableness, and realism) QUALITY ASSURANCE SURVEILLANCE PLAN For: OSE Subject Matter Expertise Agreement Number: Project Title: New England Healthcare Engineering Partnership (NEHCEP) collaboration with Northeastern University Name of Affiliates: Candidate with subject matter expertise in Operational Systems Engineering 1. PURPOSE This Quality Assurance Surveillance Plan (QASP) provides a systematic method to evaluate performance for the stated agreement. This QASP explains the following: "What will be monitored. "How monitoring will take place. "Who will conduct the monitoring. "How monitoring efforts and results will be documented. This QASP does not detail how the affiliate accomplishes the work. Rather, the QASP is created with the premise that the affiliate is responsible for management and quality control actions to meet the terms of the agreement. It is the Government's responsibility to be objective, fair, and consistent in evaluating performance. This QASP is a "living document" and the Government may review and revise it on a regular basis. However, the Government shall coordinate changes with the affiliate. Copies of the original QASP and revisions shall be provided to the affiliate and Government officials implementing surveillance activities. 2. GOVERNMENT ROLES AND RESPONSIBILITIES The following personnel shall oversee and coordinate surveillance activities. a. Contracting Officer (CO) - The CO shall ensure performance of all necessary actions for effective contracting, ensure compliance with the agreement terms, and shall safeguard the interests of the United States in the contractual relationship. The CO shall also assure that the affiliate receives impartial, fair, and equitable treatment under this agreement. The CO is ultimately responsible for the final determination of the adequacy of the affiliate's performance. Assigned CO: Cheri Wicks or designee. Organization or Agency: Department of Veterans Affairs, VISN 1 Consolidated Contracting b. Contracting Officer's Technical Representative (COTR) - The COTR is responsible for technical administration of the agreement and shall assure proper Government surveillance of the contractor's performance. The COTR shall keep a quality assurance file. The COTR is not empowered to make any contractual commitments or to authorize any contractual changes on the Government's behalf. Assigned COTR: c. Other Key Government Personnel - <Upon award, Government will enter name, if applicable. This may include Performance Monitors, Clinical Quality experts, etc. who act on behalf of the COTR to monitor performance.> 3. CONTRACTOR REPRESENTATIVES The following employee(s) of the affiliate shall serve as the affiliate's program manager for this agreement. Program Manager - To be determined. 4. PERFORMANCE STANDARDS Performance standards define desired services. The Government performs surveillance to determine if the affiliate exceeds, meets or does not meet these standards. The Performance Requirements Summary Matrix, paragraph as provided below includes performance standards. The Government shall use these standards to determine affiliate performance and shall compare affiliate performance to the Acceptable Quality Level (AQL). TaskIndicatorStandardAcceptable Quality LevelMethod of SurveillanceIncentive Serve as a national subject matter expert to support the current systems engineering projects of NEHCEP Meet with staff, student and faculty engineering and performance improvement specialists regularly in person or phone conferencesPresent written and oral assessment of existing projects100% (All projects will be reviewed during the Project Review Meetings)Presentation of results of review and Project Review Meeting attendanceFavorable review of contract and continued work opportunities Serve as a national subject matter expert to provide expertise in scoping and developing Minutes from Engineering Committee pertaining to the specified project, designation of engineering approach and plan as part of Project Plan Engineering students, faculty and staff will develop methods to be used during project and will subsequently evaluate the success or failure of those methods.100% (All project plans will include an engineering methods description section)Review of Project Plan documents Favorable review of contract and continued work opportunities Serve as the chair of the NEHCEP Engineering Committee to review current and planned engineering projects and make recommendations for continuing work Attendance and minutes from Engineering Committee, to be held weekly initially and bi-monthly ongoingMinutes from Engineering Committee indicate OSE SME attendance and input.100% (All projects will are reviewed by OSE SME)Review of minutes and attendance.Favorable review of contract and continued work opportunities Serve as national subject matter expert to advise on the development of an engineering research agenda and to facilitate the development of research projects (by existing NEHCEP staff or affiliated VA staff) with engineering components Attendance at NEHCEP Research meetings, individual meetings with prospective researchers, meetings with staff to advise on publications and abstract submission.Attendance at NEHCEP Research meetings, report of number of meetings with staff and faculty, and reports of upcoming meetings and abstracts submitted100% (All monthly reports will have such documentation)Review of monthly reports, attendance records.Favorable review of contract and continued work opportunities 5. INCENTIVES The Government shall use "Favorable review of contract and continued work opportunities" as an incentive. Incentives shall be based on exceeding, meeting, or not meeting performance standards. 6. METHODS OF QA SURVEILLANCE Various methods exist to monitor performance. The COTR shall use the surveillance methods listed below in the administration of this QASP. a. REVIEW OF WRITTEN MATERIALS, outlining project assessments, plans, periodic reports, and final reports. These will be forwarded to the COTR by NEHCEP leadership team. 7. RATINGS Metrics and methods are designed to determine if performance exceeds, meets, or does not meet a given standard and acceptable quality level. A rating scale shall be used to determine a positive, neutral, or negative outcome. The following ratings shall be used: See Quality Assurance Worksheet (Attachment I) 8. DOCUMENTING PERFORMANCE The COTR shall maintain the Quality Assurance Worksheets in contract file and submit at end of the contract period to the Contracting Officer. 9. FREQUENCY OF MEASUREMENT The COTR assesses contract performance on a monthly basis using the Quality Assurance Worksheet. ________________________________ Signature -Program Manager _______________________________________________ Signature - Contracting Officer's Technical Representative ATTACHEMENT I: QUALITY ASSURANCE WORKSHEET Performance Rating -- New England Healthcare Engineering Partnership (NEHCEP) collaboration with Northeastern University Review of existing work on designated NEHCEP projectsGreenComments Unnecessary for "Green" QA Rating. YellowWork is completed but with some additional points that require more details Work is missing required information of the assessment Red Development of engineering methods to be applied to projects GreenComments Unnecessary for "Green" QA Rating. YellowWork identifies engineering methods but is missing potential effective engineering methods Work does not include engineering methods that can be applied Red Assessment of effectiveness of engineering methods GreenComments Unnecessary for "Green" QA Rating. YellowWork identifies the assessment of effectiveness of some methods but not all Work does not include assessment of effectiveness Red Documentation of project or sub-project completionGreenComments Unnecessary for "Green" QA Rating. YellowWork needs more complete documentation of all project milestones Work does not include documentation of project milestones Red 52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: Technical Past Performance Price/Cost See Section D for complete listing of Subfactors. Technical and past performance, when combined, are approximately equal to price. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of Provision) SECTION E - SOLICITATION PROVISIONS - Addendum to 52.212-1, Instructions to Offerors TECHNICAL PROPOSAL: Submit one electronic file of a Technical Proposal in a format which clearly addresses the evaluation factors and subfactors. Do not include price or cost data in the technical proposal. The Technical Proposal shall address each factor and subfactor in the sequence listed below and clearly identify which factor is being addressed. Offerors must provide detailed information and copies of documents to support their response. Technical Proposal shall address the following factors and subfactors. The Technical Proposal shall contain no more than 10 pages, 5 detailing response to service requirements, and an abbreviated CV showing work experience, teaching and professional society activities and current research. Factors: Technical, Past Performance, and Price/Cost Technical Subfactor 1: Specialized knowledge and experience in the healthcare setting: "Provide abbreviated CV's of proposed subject matter expert who will be participating in the contract, showing work experience, teaching and professional society activities and current research. "Provide documentation of types of projects supervised by proposed subject matter expert in health care settings. "Provide information on software expertise maintained by contractor and used for OSE analyses. Technical Subfactor 2: Technical Approach: "Provide narrative discussion that reflects appreciation of the New England Healthcare Engineering Partnership goals and linkages with national and VISN priorities. "Provide narrative discussion that includes appropriate advice to achieve success within stated time frames and within scope of project. "Provide narrative discussion that reflects appreciation of identifying best methods to achieve successful application of engineering methods to healthcare operational systems needs. Technical Subfactor 3: Operations and Quality Assurance: "List federal contracts/grants awarded to the contractor in the area of OSE, and particularly health care work. "Describe typical reporting that has been done to comply with federally awarded grants/contracts. "Describe your methods for quality assurance on data analyses. Technical Subfactor 4: Contingency Plan and Security: "Describe your security and confidentiality procedures. Past Performance: "Discuss communication with client, including evidence of successful collaborations and responsiveness to direction. "Discuss quality and accuracy of work. "Discuss timeliness of communication. Price/Cost: Submit one separate electronic file that clearly shows the price proposed. No pre- proposal costs shall be included. Additionally, provide the following: "Any indirect cost rate is identified and justified. "Any employee benefits and percentage of proposed costs are identified and discussed. "Salary structure is identified, discussed, and justified. (End of Addendum to 52.212-1)
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