MODIFICATION
R -- Claims Assistance Program
- Notice Date
- 5/4/2011
- Notice Type
- Modification/Amendment
- NAICS
- 524292
— Third Party Administration of Insurance and Pension Funds
- Contracting Office
- Center Acquisition Innovation Frederick;Department of Veterans Affairs;8490 Progress Drive, Suite 100;Frederick MD 21703
- ZIP Code
- 21703
- Solicitation Number
- VA79811RI0071
- Response Due
- 5/10/2011
- Archive Date
- 6/9/2011
- Point of Contact
- Drake Russell
- E-Mail Address
-
rogress
- Small Business Set-Aside
- N/A
- Description
- Request for Information (RFI) The Department of Veterans Affairs (VA) is issuing this Request for Information in accordance with FAR 15.201(e). The agency does not intend to award a contract but rather gather information on pricing, delivery and other market information pertinent for acquisition planning. The result of this market research will contribute to determining the method of procurement and identify parties having an interest in and the resources to support this requirement for the following: Description This Request for Information covers claims support services to fully develop the information and evidence needed to substantiate Veterans' claims for increased disability compensation benefits and deliver to the VA claim packages ready for VA to make a decision. Claims for increased disability are defined to include any Veteran's application for an increase in the compensation benefit paid for a disability already determined by VA to be service-connected, including claims for a resumption of payments previously discontinued. Intake of Veterans' claims for increased compensation to be developed by the contractor shall include claims received at VA regional offices located throughout the nation. Disclaimer This RFI is issued solely for information and planning purposes and does not constitute a solicitation. All information received in response to this RFI that is marked as proprietary will be handled accordingly. In accordance with FAR 15.201(e), responses to this notice are not offers and cannot be accepted by the Government to form a binding contract. Responders are solely responsible for all expenses associated with responding to this RFI. Introduction and Purpose of the RFI With this RFI we request information regarding your company and your services. The same information will be gathered from different companies and will be used to evaluate what suppliers we will follow up with in the sourcing process with a RFP or RFQ. If your organization has the potential capacity to perform these contract services, please provide the following information: 1)Organization name, address, email address, Web site address, telephone number, and size, NAICS code, SIN Category and GSA Schedule (if applicable); and 2) Tailored capability statements addressing the particulars of this effort, with appropriate documentation supporting claims of organizational and staff capability. If significant subcontracting or teaming is anticipated in order to deliver technical capability, organizations should address the administrative and management structure of such arrangements. The government will evaluate market information to ascertain potential market capacity to: 1) Provide services consistent in scope and scale with those described in this notice and otherwise anticipated; 2) Secure and apply the full range of corporate financial, human capital, and technical resources required to successfully perform similar requirements; 3) Implement a successful project management plan that includes: compliance with tight program schedules; cost containment; meeting and tracking performance; hiring and retention of key personnel; risk mitigation; and 4) Provide services under a performance-based service acquisition contract. In addition to discussing your capability statement as discussed in the DRAFT SOW, a series of questions regarding capability must be answered. Please reference question number with each response as follows: 1)Describe any relevant experience processing similar claims records in either the public or private sector (for example, life insurance underwriting, workers' compensation claims, health claims or disability claims. 2)Briefly discuss the techniques and methodologies your organization would use to accomplish the effort described in this SOW. 3)What type of pricing structure that takes start-up, all deliverables, and incentives/disincentives into consideration? Provide reasoning for recommended structure. 4)What is the labor mix (categories and full time equivalent employees (FTEs) you currently have in house to handle your current workload? Describe your success with increasing staff and systems to meet a substantial increase in workload over a short period of time. Provide details regarding current and future capacity to develop claims. 5)Describe your quality assurance plans and controls. 6)What are typical cycle times you experience when processing similar claims? For example, do you complete review, document gathering and analysis within 60 days? 7)Do you have the capability and experience integrating with your customers' mission critical systems for purposes of downloading and uploading data? 8)Provide any recommended additions or changes to the Draft SOW. Reference specific section and paragraph number along with reasoning for recommendation. Structure of Responses Contractors should respond to this RFI by e-mail to drake.russell@va.gov. Limit response to a maximum of 20 pages. The Point of Contact (POC) for this RFI is as follows: Drake Russell Contract Specialist Center of Acquisition Innovation 8490 Progress Drive, Suite 100 Frederick, MD 21701 drake.russell@va.gov 240-439-6447 Timeframe 4/19/2011- The RFI issued 4/26/2011 - Submissions of questions due NLT 12:00pm EDT 5/10/2011-Submission of responses due NLT 12:00pm EDT DRAFT Statement of Work 1.Scope This statement of work (SOW) covers claims support services to fully develop the information and evidence needed to substantiate Veterans' claims for increased disability compensation benefits and deliver to the Department of Veterans Affairs (VA) claim packets ready for VA to make a decision. Claims for increased disability that will be developed under this SOW are defined to include any Veteran's application for an increase in the compensation benefit paid for a disability already determined by VA to be service-connected, including claims for a resumption of payments previously discontinued. Intake of Veterans' claims for increased compensation to be developed by the contractor shall include claims received at VA regional offices located throughout the nation. 1.1Background VA's Veterans Benefits Administration (VBA) administers the disability compensation benefit program, which provides a monetary benefit to Veterans who are disabled by injuries or illnesses that were incurred or aggravated during active military service. These disabilities are considered to be "service-connected." The amount of disability compensation payable varies with the degree of disability (if 30% or more disabled) and the number of dependents, and is paid monthly. Veterans may file claims for increased compensation benefits at any time if their service-connected disabilities become progressively worse. Veterans with certain severe disabilities may be eligible for additional special monthly compensation. The benefits are not subject to federal or state income tax. Frequently, Veterans already receiving compensation will encounter deterioration of existing conditions that require re-evaluation for increased compensation. Typically, this category of claims is among the least complex to develop, but nevertheless requires significant time and effort to develop complete packages of evidence in order to decide the claim. Expedited development and claim package assembly by the contractor will reduce waiting times in communications between the Veteran, medical providers, and VA, facilitating timely compilation of fully developed packages that will be used for final evaluation of whether an increased evaluation is warranted. The work described in this SOW contributes to VBA's mission by directly reducing the time and effort to fully develop claims and make them ready for decision. 2.Requirements 2.1General The contractor shall provide all necessary personnel, administrative, financial, and managerial resources necessary in accordance with the detailed requirements below. 2.1.1 Program Management The contractor shall designate a project manager (PM) who will be the prime interface with the Government for this requirement. The PM shall be responsible for directing activities of all contractor personnel. The contractor shall use proven methodologies that ensure all activities and deliverables are identified, documented, and tracked so that the contractor's performance can be continuously evaluated and monitored for timeliness and quality of service. The contractor shall also adhere to the security regulations, policies, and procedures in Section 5 of this statement of work. Should the contractor encounter any technical, financial, personnel, or general managerial problems throughout the period of performance, the contractor shall immediately contact the Contracting Officer's Technical Representative (COTR) and Contracting Officer (CO). 2.1.1.1Attend a post-award kickoff meeting The contractor shall participate in a post-award kickoff and introduction meeting with VBA representatives within one (1) week after award in the Washington DC area. The contractor shall provide a presentation introducing its team members to VBA and give a brief synopsis of the team's capabilities and technical approach to this requirement. The exact time and location will be determined at the time of award. This meeting is at no additional charge to the Government. 2.1.1.2Develop and Maintain a Project Management Plan (PMP) The contractor shall deliver a PMP for delivering the services required by the contract. The PMP shall be commensurate with project size and scope of the contract. The contractor shall use Microsoft Project, or an agreed-upon tool, and apply sound management principles [e.g., Project Management Institute's guidelines and the Project Management Body of Knowledge Guide (PMBOK ®)]. The contractor shall continuously monitor contract activities and implement changes to the PMP in coordination with the COTR to ensure the plan accurately reflects the ongoing work on this contract. 2.1.1.3Develop and Maintain a Quality Assurance (QA) Plan The contractor shall develop QA processes required to meet the performance requirements of this contract and document those in a QA plan for delivery to the Government. The QA plan should include the methods by which the Government can be assured that the quality needed to ensure accurate development and submission of Veterans' claims for increased compensation is built into the processes utilized by the contractor. 2.1.1.4Case Workload and Performance Tracking Tool The contractor shall provide a tool that will track workload and performance metrics sufficient for purposes of determining contractor payment, including incentives and penalties. The tool shall be available to the Government and shall, upon completion of the contract, be turned over to the Government. Functionality shall be accessible to all 56 VBA regional offices, allow for Government input on contractor claim development, and have reporting capabilities for the Government to pull detailed and summary reports for all claims. Utilizing the Case Workload and Performance Tracking Tool, the contractor shall submit to the COTR a monthly status report (MSR) that shall include the following: a.Contract number b.Project manager name c.Name and contact information of the VBA customer d.Significant issues, suggested resolutions e.Contractor pending workload f.Detailed list of fully developed claims packages g.Detailed list providing an explanation of every claims pending over 90 days h.Monthly summary of fully developed claims packages i.# of claims received j.# of fully developed claim packages submitted in: a.1-30 days b.31-45 days c.46-60 days d.61-90 days e.91-120 days f.>120 days k.# and type of images uploaded The MSR shall also include any problems encountered and solutions implemented or proposed. The contractor shall submit MSRs electronically within ten (10) calendar days following the end of each month. 2.1.1.5Privacy Information/Stakeholder Communication The contractor shall make every effort to ensure personal privacy information in accordance with federal laws and VBA practice/guidance. The contractor shall provide written documentation to Veterans notifying them of the steps the contractor is taking to safeguard all personally identifiable information (PII) while in the custody of the contractor and following transmission to VA. The contractor shall determine if the Veteran has representation (such as through a Veterans Service Organization (VSO)). The contractor shall ensure that the Veteran's representative is included on all correspondence and related claims development activity. 2.1.2Claims Assistance 2.1.2.1Volume Claim volumes transferred to the contractor are estimated as follows: MonthVolume transferredNotes Contract months 1-35,000 Fourth and subsequent contract months0 to 20,000 # of claims transferred will depend on contractor performance. Significant changes to volumes (>10%) will be communicated 30 days in advance 2.1.2.2Veterans Assistance The contractor shall assist Veterans applying for increased disability compensation benefits to obtain all necessary documentation to fully develop their claims and make them ready for VA to make a disability rating decision. This includes, but is not limited to, assisting Veterans with filing appropriate claims forms and other required documents, providing required legal notifications to claimants and their representatives, gathering evidence from private and government sources, and scheduling VA medical examinations. The contractor shall provide written documentation to Veterans notifying them of the steps the contractor is taking to safeguard all personally identifiable information (PII) while in the custody of the contractor and following transmission to VA. The contractor shall provide written notification in accordance with the Veterans Claims Assistance Act (VCAA) requirements to request the Veteran provide all documentation to substantiate his/her claim and shall explain and encourage the submission of a VCAA notice response in compliance with VBA requirements to expedite the processing of the claim. In compliance with VBA standards, the contractor shall work with the Veteran and his/her representative, when applicable, to obtain all necessary information and documentation. The contractor shall provide the Veteran with access to all necessary forms and documents needed to substantiate the claim and ensure that they are complete upon return. Documentation requested by the contractor of the Veteran shall include, but not be limited to, Federal and private medical and non-medical records and supporting forms and statements. The contractor shall ensure the Veteran has identified and listed locations where treatment for the claimed condition was received, to include date and address of each treatment facility. The contractor shall ensure the Veteran is aware of the availability of VSOs to assist in preparation and submission of his/her claim, if not already represented, and is advised on how to obtain such representation, if desired. The contractor shall schedule Veterans' medical examinations at VA medical facilities or other VA contract facilities. The contractor shall order the proper VA examination for the condition(s) claimed within five business days of receipt of the claim by the contractor. The contractor shall order the examination at the appropriate VA facility or VA contract examination site using the CAPRI/VISTA system, or equivalent interface established by a medical examination contractor, and shall always use the address provided by the Veteran. The contractor shall assist and encourage Veterans to enroll in and obtain Level II access to eBenefits and use available online computer applications and information systems, to include the use of online claims status information. This includes but is not limited to gaining access to eBenefits through remote proofing. 2.1.2.3Package Development For each claim, the contractor shall electronically provide a fully developed claim package that includes, but is not limited to: "Copies of all required legal notification to the claimant and his/her representative "All evidence obtained "Documentation of all required follow-up attempts to obtain any evidence not provided "Completed medical examination request (although the medical examination may still be pending at the examining facility) "The Veterans' Claims Assistance Act (VCAA) notification "VCAA notification response "VA forms that support the claim "Private and/or Federal medical and non-medical records "Evidence summaries The contractor shall gather additional documentation as appropriate to include, but not limited to: "Record release form(s) "Veteran's appointment of VSO form "Dependency information. The contractor shall provide a copy of any correspondence between the contractor and the Veteran to the Veteran's appointed representative. The contractor shall date-stamp each document with the exact date received at its location on the same day it is received. The contractor shall note all contacts made in the VA's Modern Award Processing - Development (MAP-D) application. The contractor shall obtain necessary Veterans' records as follows: 1)Private treatment records - The contractor shall obtain and use a medical release provided by the Veteran to contact private medical facilities and obtain relevant records. 2)VA treatment records - The contractor shall use CAPRI/VISTA to review and obtain relevant VA treatment records related to the claimed condition. 3)SSA Records - If the Veteran identifies SSA records pertinent to the claimed condition, the contractor shall use the Government Services Online (GSO) Portal to obtain relevant records from SSA. 4)Other Federal treatment records - If the Veteran identifies records pertinent to the claimed condition, the contractor shall obtain a release from the Veteran and obtain relevant records from the treatment facility. 5)Dependency information - The contractor shall verify Veteran's current information regarding any dependents and shall document any additional dependents or dependency changes not found in VA systems. 6)Statements from other private individuals who can attest to the claimed issue (lay statements). The contractor shall document initial and required follow-up attempt(s) for documents that the contractor was unable to obtain. 2.1.2.4Collection Methodology The contractor shall provide direct access for Veterans to obtain assistance through the Claims Assistance Program (CAP) and direct access for providers submitting required documentation. Direct access shall include, but is not limited to, notification instructions, telephone, email, fax, or other electronic means. The contractor shall record the date of receipt on all evidence received at its location; shall direct all Veterans, representatives, and other entities to mail all documentation to a designated Post Office (PO) Box established by VA; and shall use the designated PO Box as the return address on all correspondence. 2.1.2.5Developed Claims Submission The contractor shall upload fully developed claims packages into Virtual VA (VA image repository). The contractor's document scanning shall be at the correct DPI for possible OCR processing. If completion of the VA medical examination is the only unresolved issue, the contractor shall upload the claim packet to VA as fully developed. If the Government finds that the contractor-requested VA examination was scheduled incorrectly (e.g., wrong VA facility, wrong exam type), the Government will not compensate the contractor as having received an error-free fully developed claim package. The contractor shall upload the fully developed claim package to VA electronically and shall include two separate summaries: 1)One summary will detail the information gathered in support of the claim and shall include, but is not limited to, the following: "Requested evidence "Evidence requested date "Evidence received date "Description and dates of all unsuccessful attempts to obtain records not received, and the specific reasons for the failure "Status of the exam at time of packet submission 2)The contractor shall also prepare and upload a medical evidence summary following acquisition of all evidence, that includes, but is not limited to, the dates, treatment, complaints, and findings as presented in the medical and lay documentation that are relevant to the service-connected disability for which an increase was claimed. The contractor shall provide the medical evidence summary in the format supplied by the Government. In cases where the contractor is unable to complete the document containing the medical evidence summary due to lack of information contained in records, the contractor shall work with the Veteran to obtain additional information (if such information exists). Following transmission of the records and summaries, the contractor shall notify VA of submission of the fully developed claim packet. Any mail received by the contractor after file submission will be promptly reviewed and forwarded to VA. The contractor shall electronically submit to VA all fully developed claims packages using current VA systems daily. A claim is considered fully developed if it satisfies the criteria covered under Addendum A. 2.2Place of Performance Contractor site. 2.3Travel Travel will be reimbursed in accordance with the Federal Travel Regulations. The Government will not be responsible for any relocation expenses associated with moving contractor personnel to the Washington, D.C. commuting area or other job sites as described above, either initially, or if necessary, with replacement of personnel, even if replacement of personnel is required. The Government will not be responsible for expenses associated with travel and commuting costs to and from the job site. 2.4Period of Performance The contract period of performance is TBD. 2.5Hours of Contractor Operations The contractor, in compliance with Federal Regulations referenced in Section 5.1.4, shall determine work at the contractor site. If contractor personnel conduct any business at a VA site, the contractor shall maintain a work schedule that coincides with the schedule of VA. Work performed at VA sites must occur within the hours of 0600 and 1800 as determined by the corresponding local time zone of the identified regional office, Monday through Friday, except as authorized by the COTR. Services performed at the Government's site must not occur on Federal holidays or weekends, unless authorized in advance by the COTR. VA observes all Federal holidays as recognized by the Office of Personnel Management (http://www.opm.gov/fedhol/index.htm), which may affect the contractor's ability to access VA facilities. 2.6 Government Responsibilities The Government will provide systems access necessary to perform work required in this SOW. Systems access shall include but not be limited to VETSNET, MAP-D, Compensation and Pension Records Interchange (CAPRI/VISTA), VERIS, and interface(s) to Virtual VA and the VA Corporate database via batch interface or other methods deemed necessary. The Government will provide initial training, templates, and necessary feedback to perform work required in this SOW. The above shall include but not be limited to training using the "train the trainer" method and providing feedback on completed fully developed claims packages. The Government will provide specific outreach to inform Veterans of this Claims Assistance Program via the VA website and directly through specific Veterans outreach efforts and Veterans service organizations (VSOs). Contractor personnel provide support services to the Government, and Government personnel always make final decisions regarding VA business. 3.Deliverables The contractor shall provide Monthly Status Reports including information as described in Sections 2.1.1.4 above. The contractor shall provide all deliverables in formats as agreed to by the COTR or Contracting Officer. Unless otherwise specified, all deliverables shall use Microsoft-Office-compatible formats. Unless otherwise specified, project management deliverables such as project plans and schedules shall use Microsoft Project. 4.Performance Measures Timeliness and accuracy are measured on a per-claim basis. It is the Government's intention to incentivize the contractor based upon speed of delivery. Conversely, the contractor will be monetarily penalized when quality or timeliness fall below contractual standards. VA will assess the level of performance based on a 100% review of all claims packages received. This review will be completed within 90 days of receipt of the fully developed claims package. 4.1 Evaluation of Timeliness: 1)Timeliness shall be measured on a per-claim basis using VA's tool - VETSNET Operations Reports (VOR). 2)Time shall be measured in calendar days as: Timeliness = Date fully developed claim package is submitted to the Government minus the date when established claim is received by contractor 3)No early delivery incentive will be paid for any case found to have any errors. 4.2 Evaluation of accuracy: 1)Contractor accuracy shall be measured as a percentage fully developed claims packages with 0 errors. 2)No incentive shall be paid for the month if the claims processed for that month do not meet or exceed 98% accuracy. See Addendum A. For all claims pending with the contractor for > 90 days, details regarding status and issues must be presented in the monthly status report until resolved. Development of claims must be continued at the contractor's development site. For claims pending with the contractor for >120 days (after an initial report with summary has been submitted to VA at the 90 day timeframe) - the contractor is required to turn over the case back to the Government for development work along with all documentation and information collected thus far. The contract shall be evaluated for non-performance by the COTR. The contractor must initiate contact with the Veteran on all claims within five business days of receipt of the claim. Claims where development has not been initiated within five business days must be presented in the monthly status report (along with reasons). 5.Security 5.1VA Information and Information System Security/Privacy Requirements 5.1.1General All contractors and contractor personnel shall be subject to the same Federal security and privacy laws, regulations, standards and VA policies as VA, including the Privacy Act, 5 U.S.C. §552a, and VA personnel, regarding information and information system security. Contractors must follow policies and procedures outlined in VA Directive 6500, Information Security Program; and VA Handbook 6500.6, Contract Security, which are available at: http://www1.va.gov/vapubs and its handbooks to ensure appropriate security controls are in place. 5.1.2Access to VA Information and VA Information Systems VA will supply the contractor with the minimum logical (technical) and/or physical access to VA information and VA information systems for employees, sub-contractors: (1) to perform the services specified in the contract, (2) to perform necessary maintenance functions for electronic storage or transmission media necessary for performance of the contract, and (3) for individuals who first satisfy the same conditions, requirements, and restrictions that comparable VA employees must meet to have access to the same type of VA information. All contractors and subcontractors working with VA sensitive information are subject to the same investigative requirements as those of regular VA appointees or employees who have access to the same types of information. The level of background security investigation will be in accordance with VA Directive 0710, Handbook 0710, which are available at: http://www1.va.gov/vapubs, and VHA Directive 0710 and Implementation Handbook 0710.01, which are available at: http://www1.va.gov/vhapublications/index.cfm. Contractors are responsible for screening their employees. The following are VA's approved policy exceptions for meeting VA background screenings/investigative requirements for certain types of Contractor personnel: "Contractor personnel not accessing VA information resources, such as personnel hired to maintain the medical facility grounds, construction contracts, utility system contractors, etc. "Contractor personnel with limited and intermittent access to equipment connected to networks on which no VA sensitive information resides "Contractor personnel with limited and intermittent access to equipment connected to networks on which limited VA sensitive information resides and with limited and intermittent access to facilities at which they are escorted 5.1.3 Security Requirements for Unclassified Information Technology Resources 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. 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. 5.1.4VA Information Custodial Requirements VA information provided to the contractor for either the performance or administration of this contract shall only be used for those purposes. No other use is permitted without the CO's express written authorization. This clauseexpressly limits the contractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d)(1). The Government shall retain the rights to all data and records produced in the execution or administration of this contract. Prior to termination or completion of this contract, contractor will not destroy information received from VA or gathered or created by the contractor in the course of performing this contract without prior written approval by the CO. A contractor destroying data on VA's behalf must do so 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, and applicable VA Records Control Schedules. All data and reports shall be transferred to VBA upon contract completion. The contractor shall not make copies of VA information, electronic or otherwise, except as necessary to perform the terms of the agreement or to preserve electronic information stored on contractor electronic storage media for restoration in case any electronic equipment or data used by the contractor needs to be restored to an operating state. 5.1.5Physical Security If the contract requires taking VA data to a contractor site and the data contains Personally Identifiable Information, the contractor shall provide an independent physical security assessment of their facility to the COTR prior to commencing work. General guidelines for physical security can be found in VA Directive 0730, Section 6 (Physical Security) and VA Memorandum (subj: IT Oversight & Compliance Information Physical Security Assessments) dated October 24, 2007. 5.1.6Training All contractor and subcontractor personnel requiring access to VA information and VA information systems shall do the following before being granted access to VA information and networks: 1. Sign and acknowledge understanding of and responsibilities for compliance with the National Rules of Behavior related to access to VA information and information systems. 2. Successfully complete VA Cybersecurity Awareness training and annual refresher training as required. 3. Successfully complete VA General Privacy training and annual refresher training as required. 4. Successfully complete any additional cybersecurity or privacy training as required for VA personnel with equivalent information system access. The contractor shall provide to the COTR a copy of the training certificates for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required. These online courses are located at https:/EES-Learning.net. Failure to complete this mandatory training within the timeframe required will be grounds for suspension or termination of all physical and/or electronic access privileges and removal from work on the contract until such time as the training is completed. 5.1.7 Contractor Personnel Security/Background Investigation All contract employees who require access to the VA site(s) and/or access to VA local area network (LAN) systems shall be the subject of a background investigation and must receive a favorable adjudication from the VA Security and Investigations Center (SIC). These requirements are applicable to all subcontractor personnel requiring the same NACI background investigation. The level of background security investigation will be in accordance with VA Directive 0710 dated September 10, 2004 and is available at http://www1.va.gov/vapubs/viewPublication.asp?Pub_ID=487&FType=2 The contract employee level of background investigation required for this effort is: NACI 5.1.8 Contractor Responsibilities The contractor shall bear the expense of obtaining background investigations or reciprocals of previous investigations held that meet or exceed the required investigation level. The cost of the background investigations is as follows: Low Risk (NACI) $231, Moderate Risk (MBI) $825, High Risk (BI) $3,465 or Reciprocals $25. VA will pay for investigations or reciprocals processed through the VA SIC and conducted by the Office of Personnel Management (OPM) in advance, however, the contractor shall reimburse the full cost of background investigations/reciprocals to VA within 30 days of Bill of Collections received from VA. VA shall send up to three plus one final delinquent notice to the contractor. If the contractor does not adhere to the Bill of Collections, future invoices may be subject to be offset by VA to recoup background investigation/reciprocal costs. Immediately after contract or task order award, the contractor must submit the completed Attachment B form (VBA Contractor Background Investigation Request Worksheet) to the COTR to begin the background investigation process for all contract employees working on the contract, who will have access to VA facilities, VA systems, or privacy data. The contractor and contractor point of contact (POC) will receive an email notification from SIC identifying the website link that includes detailed instructions regarding completion of the background clearance application process and what level of background was requested. Reminder notifications will be sent if the complete package is not submitted by the due date. The contractor shall prescreen all personnel who require access to VA site(s) and/or access to VA LAN systems to ensure they maintain a U.S. citizenship or Alien Registration that authorizes them to work in the U.S. and are able to read, write, speak and understand the English language. Contractors who have a current favorable background investigation conducted by OPM or Defense Security Service (DSS) may be accepted through reciprocation. When a previous clearance is currently held, it does not preclude the vendor from submitting a completed Attachment B form to the COTR immediately after contract or task order award for all contract employees working on the contract. Contractor shall not commence performance until the SIC confirms that it has received the contractor's investigative documents, that they are complete, and that the investigation information has been released to OPM for scheduling of the background investigation. Once the contractor's background investigation has been released to OPM for scheduling of the background investigation or the SIC has confirmed that the verified investigation will be reciprocated, contract performance may commence. The contractor, if notified of an unfavorable adjudication by the Government, shall withdraw the employee from consideration from working under the contract. Failure to comply with the contractor personnel security requirements may result in termination of the contract for default. If the security clearance investigation is not completed prior to the start date of the contract, the contract employee may work on the contract with an initiated status while the security clearance is being processed. However, the contractor will be responsible for the actions of those contract and subcontract employees they provide to perform work for VA. In the event damage arises from work performed by contractor personnel, under the auspices of the contract, the contractor will be responsible for resources necessary to remedy the incident. Should the contractor use a vendor other than OPM or DSS to conduct investigations, the investigative company must be certified by OPM/DSS to conduct contractor investigations. The Vendor Cage Code number must be provided to the VA SIC, which will verify the information and conclude whether access to the Government's site(s) and/or VA LAN systems can be. The investigative history for contractor personnel working under this contract must be maintained in the databases of either OPM or the Defense Industrial Security Clearance Organization (DISCO). Contractor shall allow VA personnel to visit and inspect contractor facility to review systems, processes and audit any and all documents and information related to the contract. The contractor agrees to document Technology, Processes, or Process Improvements developed under this contract, and deliver the documentation to the VBA periodically or as requested. The contractor agrees that VBA has unlimited rights to use and implement technology, and processes developed under this contract. This includes, but is not limited to: computer software, forms, spreadsheets, process innovations, or other intellectual property developed to support claims processing. After the COTR has received Attachment B form(s) from the contractor, SIC will send an e-mail notification to the contractor and their POC identifying the website link that includes detailed instructions regarding completion of the background clearance application process and what level of background was requested. SIC will also send reminder notifications to the contractor and their POC if the complete package is not submitted by the due date. Upon receipt of required investigative documents, SIC will review the investigative documents for completion and initiate the background investigation by forwarding the investigative documents to OPM to conduct the background investigation. If the investigative documents are not complete, SIC will return the package to the contractor with corrective instructions. VA will pay for investigations and reciprocals processed through the VA SIC and conducted by OPM in advance; however, the contractor shall reimburse the full cost of background investigations/reciprocals to VA within 30 days of Bills of Collection from VA. VA shall send up to three plus one final delinquent notice to the contractor. If the contractor does not adhere to the Bills of Collection, future invoices may be subject to be offset by VA to recoup background investigation costs and may be considered grounds for default. The COTR will notify and forward the contractor a copy of the Certificate of Eligibility (form 4236) when the investigation has been favorably completed and adjudicated. The COTR will also notify the contractor of an unfavorable adjudication by the Government. 5.2Liquidated Damages This PWS is further subject to the statutory requirement to assess liquidated damages against contractors and/or subcontractors under 38 U.S.C. §5725 in the event of a breach of Sensitive Personal Information (SPI)/Personally Identifiable Information (PII). A breach in this context includes the unauthorized acquisition, access, use, or disclosure of VA SPI which compromises not only the information's security or privacy but that of the Veteran or beneficiary as well as the potential exposure or wrongful disclosure of such information as a result of a failure to follow proper data security controls and protocols. 5.3Confidentiality and Non-Disclosure It is agreed that: The preliminary and final deliverables and all associated working papers, application source code, and other material deemed relevant by the VA which have been generated by the contractor in the performance of this task order are the exclusive property of the U.S. Government and shall be submitted to the COTR at the conclusion of the task order. The CO will be the sole authorized official to release verbally or in writing, any data, the draft deliverables, the final deliverables, or any other written or printed materials pertaining to this task order. No information shall be released by the contractor. Any request for information relating to this task order presented to the contractor shall be submitted to the CO for response. Press releases, marketing material or any other printed or electronic documentation related to this project, shall not be publicized without the written approval of the CO. ADDENDUM A Fully Developed Claim Package Summary Veteran: Last Name___________First Name___________C#______________ Claim for Increase for: _______________________________ Current SC Disability: _________________________ DC _______ % _______ Date of Claim: ________________ YNVCAA Notification ProvidedDate Sent: _______________ YNVCAA Notice Response ReceivedDate Received: ___________ YNDevelopment Required for Private Medical If Yes, list evidence received or documentation of attempts to obtain Provider____________________ ___ Included__ Requested but not obtained ___ Dates of Records__ Date of Initial Request to Provider __ Date of Follow-up to Provider __ Date of Initial Notice to Vet __ Date of Follow-up to Vet YNDevelopment Required for VA Treatment Records If Yes, list provider and date of records Provider_____________________Date of Records______________ YNDevelopment Required for Other Records SSAYN SVC Records YN List Records and dates YNVA Exam Requested Exam Type: Facility: Date of Request: Exam Status: ___ Completed___ Pending _______Date Fully Developed Claim Package uploaded into Virtual VA and Notification provided to VA
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