Loren Data's SAM Daily™

FBO DAILY ISSUE OF MARCH 02, 2012 FBO #3751
DOCUMENT

R -- Dispatch & Switchboard - Attachment

Notice Date

2/29/2012
 

Notice Type

Attachment
 

NAICS

561320 — Temporary Help Services
 

Contracting Office

Network 10 Contracting Office (NCO);Department of Veterans Affairs;Dayton VA Medical Center;4100 W. Third St.;Dayton OH 45428
 

ZIP Code

45428
 

Solicitation Number

VA25012Q0238
 

Response Due

3/15/2012
 

Archive Date

6/13/2012
 

Point of Contact

Shelley Allen
 

E-Mail Address

Contracting-Contract Specialist
(Shelley.Allen@va.gov)
 

Small Business Set-Aside

Total Small Business
 

Description

DESCRIPTION: This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. The solicitation number is VA-250-12-Q-0238. The solicitation is issued as a request for quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-26. This requirement is available as a small business set-aside for commercial items under the North American Industry Classification System (NAICS) Code 561320, Temporary Help Services, size standard $13.5M. REQUIREMENT: The Department of Veterans Affairs Medical Center (VAMC), 17273 State Route 104, Chillicothe, OH 45601, intends to negotiate a firm fixed price contract and is seeking quotes for the following: Weekend Dispatch Switchboard Services for a base year with possible four (4) option years, at the discretion of the government. STATEMENT OF WORK A.GENERAL INFORMATION SERVICES 1. Dispatcher will work as a team member under the supervision of the "Watch Commander" or "Officer-in-charge". Tasks will include, but not be limited to, the following: a. Radio operation to maintain constant communication with police officers. b. Dispatching police officers to all emergency situations. c. Paging or recalling emergency personnel promptly, when necessary. d. Answering phones promptly and courteously. e. Operating switchboard f. Operating computer to maintain log of events and action taken. g. Operating overhead paging system, when necessary. h. Operating photocopier i. Operating FAX machine j. Monitoring alarms and security cameras k. Operating L.E.A.D.S. terminal l. Operating Photo Identification camera m. Operating laminator n. VAPS 2. All scheduling will be coordinated with the Operations Officer, Police and Security Section, Protective Service, and the names of the individuals scheduled will be provided to him/her, seven days in advance. 3. The VA Medical Center reserves the right to refuse the services of any personnel provided due to failure to perform, infraction of rules and regulations, improper conduct, etc. Immediate action may be taken to remove any personnel. 4. Upon execution of this contract document, a list of personnel to provide services shall be forwarded for review. All personnel provided will be subject to a criminal history background check prior to providing services at our facility. Personnel provided will be trained in L.E.A.D.S. and employment will be subject to successful testing for this function. Each contract employee will be required to attend 8 hours training and orientation during the hours of 7:30 am through 4:pm, Monday through Friday and scheduled in advance with the Operations Officer. A minimum of 4 hours hands-on training to be conducted during non-administrative hours prior to first scheduled work shift. Additional on-the-job training to be provided during scheduled work hours, as needed. 5. Personnel provided must show courtesy and be of professional demeanor at all times. Casual attire is acceptable when in good taste (no shorts, bare midriffs, etc.). 6. The services to be performed by the contractor will be performed in accordance with VA policies and procedures and the regulations of the medical staff by-laws of the VA facility. 7. The services to be performed by the contractor will be under the direction of the Operations Officer, Police & Security Section, Protective Services, VA Medical Center, Chillicothe, Ohio. SPECIAL CONTRACT REQUIREMENTS 1. TERM OF THE CONTRACT a. The contract period will be from date of award through April 1, 2012, with four (4) one-year options for renewal. The contract is subject to the availability of VA funds and no services shall be performed until written authorization is received from the Contracting Officer. 2. KNOWLEDGE REQUIRED a. Successful completion of L.E.A.D.S. terminal testing and any subsequent refresher training. b. Successful completion of Intrusion Detection System training and any subsequent refresher training. 3. HOURS OF WORK a.Services to be provided between the hours of 11:30 p.m. Friday and 11:30 p.m. Sunday, including holidays from 7:30 am to 3:30 pm, Monday through Friday, on dates that national Holidays are observed. b.Federal holidays include New Year's Day, Martin Luther King's Birthday, President's Day, Memorial Day, Fourth of July, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day or any other day declared a federal holiday by the President of the United States. 4. PATIENTS' RIGHTS AND RESPONSIBILITIES a. Contract employees shall conform to all patients' right issues as addressed in VAMC policies and procedures. 5. DATA ENTRY a. Contract employees performing services must be competent in data entry and will be responsible for entering appropriate data in to the VA's main data system. The VA personnel will provide appropriate training on the applicable system(s). Contract employees will be responsible for completing all required training for usage of required packages. 6. PRIVACY AND SECURITY a. Personnel Clearances and Privacy Act Considerations. All Contractor employees shall be required to observe the requirements imposed on sensitive data by law, Federal regulations, VA statutes and policy, and associated requirements to ensure appropriate screening of all personnel. Because of the inherent sensitivity of the data at the VA Medical Center data to be maintained at the facilities, the level of security clearance required will reflect the same level of security clearance carried by the VA personnel for the function under contract. The Contractor shall ensure that its personnel meet the above restrictions and that confidential and proprietary information shall be divulged only to those officers and officials of the VA who are authorized to receive such information. b. Any breech of security could result in the immediate removal of the offender from further employment. 7. ORIENTATION (PRE-PERFORMANCE) a. Contractor's employee(s) shall attend a VA orientation as required by the VA Medical Center. The VA will schedule the meeting and it will include but not be limited to discussion of the following topics: (1) Fire and Safety (2) Infection Control (3) Disaster procedures (4) Other b. The VA will provide appropriate information to the contractor's employee(s) regarding the topics and will document the meeting. c. The Contractor will be responsible for ensuring that contractor's employee(s) performing services receive the information required above. 8. CONTRACT EMPLOYEE(S) selected and approved to provide services under the contract must report to VA Human Resources Management Services, Building No. 1, Room 176 (Karen Johnson), at the VA Medical Center, Chillicothe, Ohio for security/background processing on first day of services prior to reporting to their assigned area and prior to performing services. 9. CONTRACTOR PERSONNEL SECURITY REQUIREMENTS a.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 WITH WRITTEN INQUIRIES. 3. Contractor Responsibilities (a)The contractor shall bear the expense of obtaining background investigations. If the investigation is conducted by the Office of Personnel Management (OPM), the contractor shall reimburse VA within 30 days. (b) The contractor shall prescreen all personnel requiring access to the computer systems to ensure they maintain a U.S. citizenship and 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 Position (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. 10. PERSONNEL POLICY a. The contractor shall be responsible for protecting the personnel furnishing services under this contract. To carry out this responsibility, the contractor shall provide the following for their personnel: (1) Worker's Compensation (2) Professional Liability Insurance (3) Health Examinations (4) Income Tax Withholding, and (5) Social Security Payments b. The contract personnel shall not be considered VA employees for any purpose. 11. CONTRACTOR PERSONNEL QUALIFICATIONS: a. Personnel assigned by the contractor must be trainable to operate a switchboard; dispatch police officers; operate a L.E.A.D.S. terminal, radio, and paging system; and monitor alarms and security cameras. b. Backup/Relief personnel will be required to work a minimum of one 8-hour tour per month to maintain job proficiency. c. Must be able to speak and understand the English language to be able to use existing communication equipment. 12. QUALITY ASSURANCE: a. The contractor will have an on-going quality assurance and/or quality improvement program designed to objectively and systematically measure, assess, and improve performance to enhance patient care and all patient care services. 13. MONITORING PROCEDURES a. Contract employee(s) will be monitored for complete contract compliance and to ensure that all services called for under this contract have been received by the VA Medical Center. Contract personnel will be monitored quarterly and contractor will be notified of any deficiencies (see Attachment A). b. The Operations Officer, Police and Security Section, Protective Services or his/her designee will be responsible for verifying services rendered and contract compliance. c. The VA will maintain a sign-in/sign-out log. Contract employees will sign-in upon arrival at the VA and sign-out when leaving the VA. The log will provide for individual name, date, hour of arrival and hour of departure. d. The sign-in/sign-out log will be reviewed in order to verify services rendered and certify payments. A copy will be faxed each Monday to contractor and to Acquisition Section, AMMS. 14. POINT OF CONTACT a. Point of contact at the VA Medical Center is Capt. Russ Carpenter, Operations Officer, at 740-773-1141 Extension 7274. 15. PAYMENT a.Payment for services will be made monthly, in arrears, upon receipt of properly prepared invoice. b.Invoices shall list name of contractor, contract number, employees' name(s), date worked, and hours worked. c.Mail invoices to: Department of Veterans Affairs FMS-VA-2 (101) Financial Services Center P O Box 149971 Austin, Texas 78714-8971 16. INSURANCE REQUIRMENTS. Contractor shall be insured as outlined in the following Schedule of Insurance Coverage (See Clause 52.228-5 contained elsewhere in this solicitation for additional information): SCHEDULE OF INSURANCE (1) Workers' Compensation and Employers' Liability Insurance. Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statues. Employers' liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers. (2) General Liability. Contractor shall maintain bodily injury liability insurance coverage written on a comprehensive form of policy of at least $500,000 per occurrence. Evidence of Coverage. Before commencing work under the contract, the contractor shall furnish to the Contracting Officer, a certificate from his/her insurance company indicating that coverage outlined in the above schedule, has been obtained and that it may not be changed or canceled without written notice to the Contracting Officer. The furnishing of such evidence of insurance coverage may not be waived. 17. SAFETY a. The safety and health of patients, visitors and VA employees in the work area must be considered at all time services are being performed. Never leave hazards unattended or unsecured when out of the working area. Psychiatric, blind, hearing impaired, and wheelchair patients are to be expected. b. Adherence to OSHA regulations may not sufficient to provide the degree of safety required. Extra precautions should be observed when working with persons who are not accustomed to being exposed to potential hazards. Consideration must be given to persons who may be aged, have sensory impairments, use wheelchairs, or have mental or psychiatric conditions. 18. SEXUAL HARASSMENT POLICY a. The policy of the Department of Veterans Affairs is to create an environment free of discrimination and to promote an atmosphere for the residents, visitors and workforce, free of discrimination and/or harassment, without regard to race, color religion, sex, national origin, age, physical or mental handicap. b. The Contractor awarded a contract to perform services on a Federal worksite must take any and all necessary measures to prevent sexual harassment and discrimination from occurring, by assuring that his/her employees and those of his/her subcontractors maintain the highest degree of conduct and standards in this regard. c. These steps should include, but not be limited to, affirmatively raising the subject with employees and subcontractors, expressing strong disapproval when discovering or being informed that an incident has occurred, and developing appropriate guidelines and sanctions for conduct and/or misconduct pertaining to such matters. d. VA Policy Memorandum No. 00-44 "Sexual Harassment" sets forth VA guidelines concerning matters of sexual harassment. Contractors providing services to the VA at the VA Medical Center or a clinic site shall abide by these guidelines, as a minimum. A copy of the policy will be provided to contractor upon request to the Contracting Officer. Failure by the Contractor or any subcontractor to comply with these guidelines may result in contractual action. e. Any complaints received by the Contractor, alleging misconduct toward contractor's employees from other than contractor related personnel, i.e. VA personnel, patients, and/ or visitors shall be reported to the Contracting Officer in charge of the awarded contract. 19. SMOKING POLICY a.The VA Medical Center facility is a smoke-free facility. SMOKING IS NOT permitted within the confines of the any building nor is smoking permitted within 35 feet of any door to the facility. Smoking is permitted in designated areas only. b.Failure to comply with the smoking policy will result in immediate removal of contractor/contractor personnel from the facility. 20. The following Department of Labor Wage Determination No. 2005-2424 (Revision No. -13) dated June 17, 2011, is applicable to any resulting contract (see Attachment). The provision at 52.212-3, Offeror Representations and Certifications -- Commercial Items (Jun 2009), applies to this acquisition. The quotation must include a complete copy of this provision. See http://orca.bpn.gov. An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (m) of this provision. The clause at 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition. 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. 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 The following clauses are incorporated into 52.212-4 as an addendum to this contract: FAR 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER MAY 2011 FAR 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL JAN 2011 FAR 52.217-8OPTION TO EXTEND SERVICES NOV 1999 FAR 52.217-9OPTION TO EXTEND THE TERM OF THE CONTRACT MAR 2000 FAR 52.224-1PRIVACY ACT NOTIFICATION APR 1984 FAR 52.224-2PRIVACY ACT APR 1984 (End of Clause) The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items applies to this acquisition. The following FAR clauses cited in the afore mentioned clause are applicable to this acquisition: 52-219-8Utilization of Small Business ConcernsMAY 2004 52-219-28Post Award Small business Program APR 2009 Representation 52.222-3Convict Labor JUN 2003 52.222-21Prohibition of Segregated Facilities FEB 1999 52.22-26Equal OpportunityMAR 2007 52.222-35Equal Opportunity for Special Disabled Veterans, SEP 2006 Veterans of the Vietnam Era and Other Eligible Veterans 52.222-35Affirmative Action for Workers of Disabilities JUN 1998 52.222-37Employment Reports on Special Disabled Veterans, SEP 2006 Veterans of the Vietnam Era, and Other Eligible Veterans 52.222-39 Notification of Employee Rights Concerning DEC 2004 Payment of Union Dues or Fees 52.222-54 Employment Eligibility Verification JAN 2009 52.225-5 Trade Agreements AUG 2009 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.232-34Payment by Electronic Funds Transfer - MAY 1999 Other than Central Contractor Registration VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (JAN 2008) (a) Any protest filed by an interested party shall: (1) Include the name, address, fax number, and telephone number of the protester; (2) Identify the solicitation and/or contract number; (3) Include an original signed by the protester or the protester's representative and at least one copy; (4) Set forth a detailed statement of the legal and factual grounds of the protest, including a description of resulting prejudice to the protester, and provide copies of relevant documents; (5) Specifically request a ruling of the individual upon whom the protest is served; (6) State the form of relief requested; and (7) Provide all information establishing the timeliness of the protest. (b) Failure to comply with the above may result in dismissal of the protest without further consideration. (c) Bidders/offerors and contracting officers are encouraged to use alternative dispute resolution (ADR) procedures to resolve protests at any stage in the protest process. If ADR is used, the Department of Veterans Affairs will not furnish any documentation in an ADR proceeding beyond what is allowed by the Federal Acquisition Regulation. (End of Provision) 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 Ohio. 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 852.203-70 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 852.237-7 INDEMNIFICATION AND MEDICAL LIABILITY INSURANCE (JAN 2008) (a) It is expressly agreed and understood that this is a non- personal services contract, as defined in Federal Acquisition Regulation (FAR) 37.101, under which the professional services rendered by the Contractor or its health-care providers are rendered in its capacity as an independent contractor. The Government may evaluate the quality of professional and administrative services provided but retains no control over professional aspects of the services rendered, including by example, the Contractor's or its health-care providers' professional medical judgment, diagnosis, or specific medical treatments. The Contractor and its health-care providers shall be liable for their liability-producing acts or omissions. The Contractor shall maintain or require all health-care providers performing under this contract to maintain, during the term of this contract, professional liability insurance issued by a responsible insurance carrier of not less than the following amount(s) per specialty per occurrence: *. However, if the Contractor is an entity or a subdivision of a State that either provides for self-insurance or limits the liability or the amount of insurance purchased by State entities, then the insurance requirement of this contract shall be fulfilled by incorporating the provisions of the applicable State law. * Amounts are listed below: Employers' liability coverage of at least $100,000 Bodily injury liability insurance coverage written on a comprehensive form of policy of at least $500,000 (b) An apparently successful offeror, upon request of the Contracting Officer, shall, prior to contract award, furnish evidence of the insurability of the offeror and/or of all health- care providers who will perform under this contract. The submission shall provide evidence of insurability concerning the medical liability insurance required by paragraph (a) of this clause or the provisions of State law as to self-insurance, or limitations on liability or insurance. (c) The Contractor shall, prior to commencement of services under the contract, provide to the Contracting Officer Certificates of Insurance or insurance policies evidencing the required insurance coverage and an endorsement stating that any cancellation or material change adversely affecting the Government's interest shall not be effective until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer. Certificates or policies shall be provided for the Contractor and/or each health- care provider who will perform under this contract. (d) The Contractor shall notify the Contracting Officer if it, or any of the health-care providers performing under this contract, change insurance providers during the performance period of this contract. The notification shall provide evidence that the Contractor and/or health-care providers will meet all the requirements of this clause, including those concerning liability insurance and endorsements. These requirements may be met either under the new policy, or a combination of old and new policies, if applicable. (e) The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts for health-care services under this contract. The Contractor shall be responsible for compliance by any subcontractor or lower-tier subcontractor with the provisions set forth in paragraph (a) of this clause. * Amounts from paragraph (a) above: (End of Clause) VAAR 852.273-74 AWARD WITHOUT EXCHANGES (JAN 2003) The Government intends to evaluate proposals and award a contract without exchanges with offerors. Therefore, each initial offer should contain the offeror's best terms from a cost or price and technical standpoint. However, the Government reserves the right to conduct exchanges if later determined by the contracting officer to be necessary. (End of Provision) 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) C.8 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. CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS ATTACHMENT A BUSINESS ASSOCIATE AGREEMENT BETWEEN THE DEPARTMENT OF VETERANS AFFAIRS, VETERANS HEALTH ADMINISTRATION AND Whereas, (Business Associate) provides services to the Department of Veterans Affairs Veterans Health Administration (Covered Entity); and Whereas, in order for Business Associate to provide services to Covered Entity, Covered Entity discloses to Business Associate Protected Health Information (PHI) and Electronic Protected Health Information (EPHI) pursuant to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), Pub. L. 104-191, 110 Stat. 1936 (1996), and its implementing regulations, 45 C.F.R Parts 160, 162, and 164, ("the HIPAA Privacy and Security Rules"); and Whereas, the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, 123 Stat. 115 (2009), pursuant to Title XIII of Division A and Title IV of Division B, called the Health Information Technology for Economic and Clinical Health (HITECH) Act, provides modifications to the HIPAA Privacy and Security Rules; and Whereas, Department of Veterans Affairs Veterans Health Administration is a "Covered Entity" as that term is defined in the HIPAA implementing regulations, 45 C.F.R. 160.103; and Whereas,, including its employees, officers, contractors, subcontractors, or any other agents, as a recipient of PHI from Covered Entity in order to provide services to Covered Entity, is a "Business Associate" of Covered Entity as that term is defined in the HIPAA implementing regulations, 45 C.F.R 160.103; and Whereas, pursuant to the Privacy and Security Rules, all Business Associates of Covered Entities must agree in writing to certain mandatory provisions regarding the Use and Disclosure of PHI and EPHI; and Whereas, the purpose of this Agreement is to comply with the requirements of the Privacy and Security Rules, including, but not limited to, the Business Associate Agreement requirements at 45 C.F.R. 164.308(b), 164.314(a), 164.410, 164.502(e), and 164.504(e), as may be amended. NOW, THEREFORE, Covered Entity and Business Associate agree as follows: 1. Definitions. Unless otherwise provided in this Agreement, capitalized terms and phrases that are defined in the Privacy and Security Rules have the same meanings as set forth in the Privacy and Security Rules. When the phrase "Protected Health Information" and the abbreviation "PHI" are used in this Agreement, they include the phrase "Electronic Protected Health Information" and the abbreviation "EPHI." 2. Ownership of PHI. PHI provided by Covered Entity to Business Associate and its contractors, subcontractors, or other agents, or gathered by them on behalf of Covered Entity, under this Agreement are the property of Covered Entity. 3. Scope of Use and Disclosure by Business Associate of Protected Health Information. Unless otherwise limited herein, Business Associate may: A. Make Uses and Disclosures of PHI that is disclosed to it by Covered Entity or received by Business Associate on behalf of Covered Entity as necessary to perform its obligations under this Agreement and all applicable agreements, provided that such Use or Disclosure would not violate the HIPAA Privacy Rule if made by Covered Entity and complies with Covered Entity's minimum necessary policies and procedures; B. Use the PHI received in its capacity as a Business Associate of Covered Entity for its proper management and administration and to fulfill any legal responsibilities of Business Associate; C. Make a Disclosure of the PHI in its possession to a third party for the proper management and administration of Business Associate or to fulfill any legal responsibilities of Business Associate; provided, however, that the Disclosure would not violate the HIPAA Privacy Rule if made by Covered Entity, or is Required by Law; and Business Associate has received from the third party written assurances that (a) the information will be held confidentially and used or further disclosed only for the purposes for which it was disclosed to the third party or as Required By Law, (b) the third party will notify Business Associate of any instances of which it becomes aware in which the confidentiality of the information may have been breached, and (c) the third party has agreed to implement reasonable and appropriate steps to safeguard the information; D. Engage in Data Aggregation activities, consistent with the HIPAA Privacy Rule; and E. De-identify any and all PHI created or received by Business Associate under this Agreement, provided that the de-identification conforms to the requirements of the HIPAA Privacy Rule. 4. Obligations of Business Associate. In connection with its Use or Disclosure of PHI, Business Associate agrees that it will: A. Consult with Covered Entity before making the Use or Disclosure whenever Business Associate is uncertain whether it may make a particular Use or Disclosure of PHI in performance of this Agreement; B. Ensure any employee, officer, contractor, subcontractor, or other agent of Business Associate who has access to PHI receives at a minimum annual privacy and security awareness training that conforms to the requirements of Covered Entity; C. Develop and document policies and procedures and use reasonable and appropriate safeguards to prevent use or disclosure of PHI other than as provided by this Agreement; D. To the extent practicable, mitigate any harmful effect of a Use or Disclosure of PHI by Business Associate in violation of this Agreement that is known or, by exercising reasonable diligence, should have been known to Business Associate; E. Maintain a system or process to account for any Security Incident, Privacy Incident, or Use or Disclosure of PHI not authorized by this Agreement of which Business Associate becomes aware; F. Notify Covered Entity within 24 hours of Business Associate's discovery any incident which may potentially be a data breach, including a HIPAA Electronic Transactions and Code Sets, Privacy, Security or Standard Identifier Incident, or Use or Disclosure of PHI, whether secured (PHI which has been destroyed or in the alternative has been rendered unreadable, unusable or undecipherable) or unsecured (PHI not secured through the use of a technology which renders it unusable, unreadable, or indecipherable through methodology specified by HHS in guidance issued under 13402(h)(2) of the HITECH Act), not provided for by this Agreement and promptly provide a report to Covered Entity within ten (10) business days of the notification; (1) An incident will be considered any physical, technical or personal activity or event that increases risk of inappropriate or unauthorized use or disclosure of PHI or causes Covered Entity to be considered non-compliant with the HIPAA Privacy and Security Rules; (2) A breach, as defined in 45 C.F.R. 164.402, is an unauthorized acquisition, access, use or disclosure of PHI in a manner not permitted under the HIPAA Privacy Rule which compromises the security or privacy of the PHI by posing a significant risk of financial, reputational, or other harm to the individual; (3) A breach, consistent with 45 C.F.R. 164.410(a)(2), will be treated as discovered as of the first day on which such breach is known to Business Associate or, by exercising reasonable diligence, would have been known to Business Associate, or any employee, officer, contractor, subcontractor, or other agent of Business Associate; (4) Notification will be made by Business Associate to the Director, Health Data & Informatics by telephone, 202-461-5839 or secure fax of any HIPAA Electronic Transactions and Code Sets, Privacy, Security or Standard Identifier Incident, or Use or Disclosure of PHI not provided for by this Agreement; and (5) A written report of the incident, submitted to the Director, Health Data & Informatics within ten (10) business days after initial notification, will document the following: (a). The identification of each individual whose PHI has been, or is reasonably believed by Business Associate to have been accessed, acquired, used, or disclosed during the breach; (b). A brief description of what occurred, including the date of the breach and the date of the discovery of the breach (if known); (c). A description of the types of secured and/or unsecured PHI that was involved; (d). Any steps that Business Associate believes individuals should take to protect themselves from potential harm resulting from the breach; (e). A description of what is being done to investigate the breach, to mitigate further harm to individuals, and the reasonable and appropriate safeguards being taken to protect against future breaches; and (f). Any other information described in 45 C.F.R. 164.404(c); (g). This report should be documented as a letter and sent to: Director, Health Data & Informatics Department of Veterans Affairs - Veterans Health Administration Office of Information (19F) 810 Vermont Avenue NW Washington, DC 20420 Phone: 202-461-5839 Fax: 202-273-9386 G. Implement administrative, physical, and technical safeguards and controls for the PHI that Business Associate receives, maintains, or transmits on behalf of Covered Entity, including policies, procedures, training, and sanctions, in compliance with Federal Information Security Management Act (FISMA), Pub. L. No. 107-347, 116 Stat. 2946 (2002); the HIPAA Privacy and Security Rules, 45 C.F.R. Parts 160, 162, and 164; standards and guidance from the Office of Management and Budget and the National Institute of Standards and Technology; and other laws, regulations, and policies pertaining to safeguarding VA Sensitive Data; H. Require contractors, subcontractors, or other agents to whom Business Associate provides PHI received from Covered Entity to agree to the same restrictions and conditions that apply to Business Associate pursuant to this Agreement, including implementation of administrative, physical, and technical safeguards and controls, including policies, procedures, training and sanctions, in compliance with the above-referenced legal authorities; I. If Business Associate maintains PHI in a Designated Record Set or Privacy Act System of Records, within ten (10) business days of receiving a written request from Covered Entity: (1) Make available PHI in the Designated Record Set or System of Records necessary for Covered Entity to respond to individuals' requests for access to PHI about them that is not in the possession of Covered Entity; (2) Incorporate any amendments or corrections to the PHI in the Designated Record Set or System of Records in accordance with the Privacy Act and the HIPAA Privacy Rule; and (3) Maintain the information necessary to document the disclosures of PHI sufficient to make an accounting of those disclosures as required under the Privacy Act, 5 U.S.C. 552a, and the HIPAA Privacy Rule, and within ten (10) days of receiving a request from Covered Entity, make available the information necessary for Covered Entity to make an accounting of Disclosures of PHI about an individual in the Designated Record Set or System of Records; J. Utilize only contractors, subcontractors, or other agents who are physically located within a jurisdiction subject to the laws of the United States and ensure that no contractor, subcontractor, or agent maintains, processes, uses, or discloses PHI received from Covered Entity in any way that will remove the PHI from such jurisdiction. Any modification to this provision must be approved by Covered Entity in advance and in writing; K. Provide satisfactory assurances that the confidentiality, integrity, and availability of the PHI provided by Covered Entity under this Agreement are reasonably and appropriately protected; L. Upon completion or termination of the applicable contract(s) or agreement(s), return and/or destroy, at Covered Entity's option, the PHI gathered, created, received, or processed during the performance of the contract(s) or agreement(s). No data will be retained by Business Associate, or contractor, subcontractor, or other agent of Business Associate, unless retention is required by law or regulation and specifically permitted by Covered Entity. As deemed appropriate by and under the direction of Covered Entity, Business Associate shall provide written assurance that all PHI has been returned to Covered Entity or destroyed by Business Associate. If immediate return or destruction of all data is not possible, Business Associate shall notify Covered Entity and assure that all PHI retained will be safeguarded to prevent unauthorized Uses or Disclosures; M. Be liable to Covered Entity for liquidated damages in the event of a data breach involving any PHI maintained or processed by Business Associate under this Agreement; N. Be liable to Covered Entity for any civil or criminal penalties imposed on Covered Entity under the HIPAA Privacy and Security Rules in the event of a violation of the Rules as a result of any practice, behavior, or conduct by Business Associate; O. For the purpose of determining compliance with this Agreement and underlying agreements, Business Associate will make available to Covered Entity its practices, policies and procedures; and P. Make available to the Secretary of Health and Human Services Business Associate's internal practices, books, and records, including policies and procedures, relating to the Use or Disclosure of PHI for purposes of determining Covered Entity's compliance with the Privacy and Security Rules, subject to any applicable legal privileges. 5. Obligations of Covered Entity. Covered Entity agrees that it: A. Has obtained, and will obtain, from Individuals any consents, authorizations, and other permissions necessary or required by laws applicable to Covered Entity for Business Associate and Covered Entity to fulfill their obligations under this Agreement; B. Will promptly notify Business Associate in writing of any restrictions on the Use and Disclosure of PHI about Individuals that Covered Entity has agreed to that may affect Business Associate's ability to perform its obligations under this Agreement; and C. Will promptly notify Business Associate in writing of any change in, or revocation of, permission by an Individual to use or disclose PHI, if such change or revocation may affect Business Associate's ability to perform its obligations under this Agreement; 6. Material Breach and Termination. A. Termination for Cause. Upon Covered Entity's knowledge of a material breach by Business Associate, Covered Entity shall either: (1) Provide an opportunity for Business Associate to cure the breach or end the violation; (2) Terminate this Agreement and underlying contract(s) if Business Associate does not cure the breach or end the violation within the time specified by Covered Entity; (3) Immediately terminate this Agreement and underlying contract(s) if cure is not possible; or (4) If Business Associate has breached a material term of this agreement and neither termination nor cure is feasible, Covered Entity will report the violation to the Secretary of Health and Human Services. B. Termination upon Review. This Agreement may be terminated by Covered Entity, if appropriate, upon review as defined in Section 12 of this Agreement. C. Automatic Termination. This Agreement will automatically terminate upon completion of the Business Associate's duties under all underlying agreements or by mutual written agreement to terminate underlying agreements. D. Effect of Termination. Termination of this Agreement will result in cessation of activities by Business Associate involving PHI under this Agreement. 7. Amendment. Business Associate and Covered Entity agree to take such action as is necessary to amend this Agreement for Covered Entity to comply with the requirements of the Privacy and Security Rules or other applicable law. 8. No Third Party Beneficiaries. Nothing expressed or implied in this Agreement is intended to confer, nor shall anything herein confer, upon any person other than the parties and their respective successors or assigns, any rights, remedies, obligations, or liabilities whatsoever. 9. Other Applicable Law. This Agreement does not and is not intended to abrogate any responsibilities of the parties under any other applicable law. 10. Effect of Agreement. With respect solely to the subject matter herein, in the case of any conflict in terms between this Agreement and any other previous agreement or addendum between the parties, the terms of this Agreement shall control and supersede and nullify any conflicting terms as it relates to the parties. 11. Effective Date. This Agreement shall be effective on last signature date below. 12. Review Date. The provisions of this Agreement will be reviewed by Covered Entity every two years from Effective Date to determine the applicability of the agreement based on the relationship of the parties at the time of review. Department of Veterans Affairs Veterans Health Administration By :By : ____________________________ Name : Name : ___________________________ Title: Title: ____________________________ Date :Date : ____________________________ ATTACHMENT B- PAST PERFORMANCE SURVERY INSTRUCTION FOR COMPLETING PAST-PERFORMANCE SURVEY The Department of Veterans Affairs is considering the Offeror listed below for award of a VA Medical Center Dayton, Ohio contract. Your comments are appreciated regarding this Offeror's past performance. Your comments are considered Source Selection Sensitive; therefore, you are advised that the Federal Acquisition Regulation (15.506) prohibits the release of the names of individuals providing reference information about Offeror's past performance. A.Please evaluate the past performance using only the following ratings without variation. If the rating is Marginal or Unacceptable, please provide additional information in the appropriate block or in the remarks section of this form. You may provide an overall narrative explaining your response in the remark section of the form. B.Indicate the contractor's performance on the identified program. C.The following is the definition for each rating: ""O" = Outstanding: Performance greatly exceeded the contract requirements ""A" = Above Average: Performance exceed the contract requirements ""S" = Satisfactory: Performance met the minimum contract requirements ""M" = Marginal: Performance met the minimum contract requirement, but some material aspects of the contract's performance were less than satisfactory ""U" = Unacceptable: Performance was poor and/or did not satisfy contract Requirements ""N/A = Not Applicable D.Please return Past-Performance Survey by 03/15/2012 4pm EST. to: Dayton VA Medical Center Attn: Shelley Allen (NBC) 4100 W. Third St. Dayton, OH 45428 E-mail: Shelley.Allen@va.gov Fax: (937) 262-5974 Offerors Name: _________________________________________________________ Contract Number: ________________________________________________________ Contract Type and Dollar Value: ____________________________________________ Contract Start/End Dates: __________________________________________________ Brief Description of work: ________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ Please rate and provide information/comments for the following:Circle one 1. To what extent did the contractor comply with contract requirements?O A S M U 2. If reports were required, were they accurate in meeting contract requirements?O A S M U 3. To what extent did the contractor use appropriate personnel for contract requirements? O A S M U 4. To what extent did the contractor display technical expertise?O A S M U 5. Use of Quality Control:O A S M U 6. To what extent was contractor able to meet the performance schedule:O A S M U 7. What extent was contractor flexible in responding to changing needs?O A S M U 8. To what extent was the contractor reliable? O A S M U 9. To what extent was the contractor responsive to technical directions? O A S M U 10. To what extent did contractor notify you of problems or potential problems? O A S M U 11. Would you award another contract to the party being evaluated? If no, please explain: Yes No 12. Was the customer satisfied with the end product? If no, please explain: Yes No 13. Have any cure notices, show cause letters, suspension of payment, or termination been issued? If yes, please explain. Yes No 15. Additional Remarks: Printed Name of Evaluator: Signature of Evaluator: Position Title: Telephone Number: Date ATTACHMENT C CHECKLIST FOR CONTRACT SWITCHBOARD OPERATOR/DISPATCHER Instructions: This checklist will be completed on the 1st workday following the end of each quarter of the fiscal year; i.e. January, April, June and October. The Police Operations Officer will complete the checklist. The original checklist will be forwarded to the office of the Chief, Protective Services to be forwarded to Acquisition Section of AMMS. A copy will also be maintained in the office of the Operations Officer. Contractor __________________________________ Contract # ___________________ Contract employee ________________________________________________________ WORK PERFORMANCE Yes No Reports to duty at assigned arrival time ____ ____ Communicates well with staff, visitors and veterans ____ ____ Completes all tasks in a prompt and timely manner ____ ____ Operates all required equipment in a correct and safe manner ____ ____ Knowledgeable of how to properly recall staff ____ ____ Observes all privacy regulations ____ ____ Observes all smoking regulations ____ ____ Observes all sexual harassment and EEO regulations ____ ____ SAFETY: Knowledgeable of the location and procedures for the use of fire alarms and extinguishers in assigned work area ____ ____ Knowledgeable of Disaster Plan ____ ____ Knowledgeable of Evacuation Plan ____ ____ * Explain __________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ SOLICITATION PROVISIONS The provision at 52.212-1, Instructions to Offerors -- Commercial, applies to this acquisition. The following addenda are made to this provision. All quotes must be submitted only electronically; no fax, mail or hand delivered quotes will be accepted. Submit quote via email to Shelley.Allen@va.gov by 4pm EST March 15, 2012. 1.Technical Information (limit technical information to no more than 20 pages) a.The agencies plan for ensure that six (6) staff slots remain filled with competent individuals who can maintain the accuracy level identified in the SOW. Include information such as: i.employee selection criteria ii.recruiting strategies iii.retention rates for the last 3 years iv.employee assessment tools used b.Provide information regarding your quality assurance plans/policies and describe your tracking system for employee time and attendance. c.Resumes for all potential/proposed candidates that clearly demonstrate the individual's knowledge of medical terminology and experience with using scanning and computer equipment. 2.Past Performance Information a.Name and contact information, including an e-mail address, for three (3) clients receiving the same or similar services within the past three years. b.Completed Past Performance Surveys from the three (3) entities listed above. Completed Past Performance Surveys must be returned directly to the contracting office by the person completing the survey. It is the offeror's responsibility to ensure that the surveys are returned by references in a timely manner. c.Information that may be perceived as negative from the points of contacts provided, along with an explanation as to the perception and outcome. 3.Price for each staff member in the following format: Base Year - April 1, 2012- March 31, 2013DescriptionEstimated QuantityUnitUnit CostEST. Total Cost 1Dispatcher/Switchboard Operator (Chillicothe VAMC)2576HR Option Year 1 - April 1, 2013 - March 31, 2014DescriptionEstimated QuantityUnitUnit CostEST. Total Cost 2Dispatcher/Switchboard Operator (Chillicothe VAMC)2576HR Option Year 2 - April 1, 2014 - March 31, 2015DescriptionEstimated QuantityUnitUnit CostEST. Total Cost 2Dispatcher/Switchboard Operator (Chillicothe VAMC)2576HR Option Year 3 - April 1, 2015 - March 31, 2016DescriptionEstimated QuantityUnitUnit CostEST. Total Cost 3Dispatcher/Switchboard Operator (Chillicothe VAMC)2576HR Option Year 4 - April 1, 2016 - March 31, 2016DescriptionEstimated QuantityUnitUnit CostEST. Total Cost 4Dispatcher/Switchboard Operator (Chillicothe VAMC)2576HR GRAND TOTAL TO INCLUDE BASE YEAR PLUS THE FOUR OPTION YEARS $_____________________________________ When combined technical and past performance is significantly more important than price.
 

Web Link

FBO.gov Permalink
(https://www.fbo.gov/spg/VA/DaVAMC552/DaVAMC552/VA25012Q0238/listing.html)
 

Document(s)

Attachment
 

File Name: VA250-12-Q-0238 VA250-12-Q-0238.docx (https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=302094&FileName=VA250-12-Q-0238-000.docx)

Link: https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=302094&FileName=VA250-12-Q-0238-000.docx

 

Note: If links are broken, refer to Point of Contact above or contact the FBO Help Desk at 877-472-3779.
 

Place of Performance

Address: Department of Veterans Affairs;Chillicothe VA Medical Center;17273 State Route 104;Chillicothe, OH

Zip Code: 45601
 

Record

SN02685693-W 20120302/120229234806-0305221bbea307a9fc2d44b13f63c0b0 (fbodaily.com)
 

Source

FedBizOpps Link to This Notice
(may not be valid after Archive Date)

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