Presolicitation Notice – B– HIPAA Transition Support

Notice Type: Presolicitation Notice

Posted Date: 17-APR-17

Office Address: Department of Veteran Affairs;SAO East;PCAE STL Contracting Officer;11152 South Towne Square;Saint Louis MO 63123

Subject: B-- HIPAA Transition Support

Classification Code: B - Special studies and analysis - not R&D

Solicitation Number: VA77717N0069

Contact: John SchiffhauerContract Specialist 314-894-6656 x 65111 mailto:[email protected]

Description: Department of Veterans Affairs

VA Corporate Franchise Data Center

Department of Veterans Affairs Corporate Franchise Data Center

DISCLAIMERThis RFI is issued solely for information and planning purposes only 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.

See attached Performance Work Statement (PWS) below for Description.

Offeror s Submittal of Interest:

Interested and capable firms are requested to provide the following data/information to the attention of the Contracting Officer identified herein.

a) Company s name:

b) Company s address:

c) Company s point of contact name:

d) Company s phone, fax, and email address:

e) Company s Tax ID Number:

f) Company s DUNS number and Cage Code:

g) Type of business, e.g. Small Service Disabled Veteran Owned Small Business, Veteran Owned Small Business, SBA Certified 8(a) Firm, SBA Certified HUBZone Firm, Women Owned Small Business, SBA Certified Small Disadvantaged Business, Small Business, or Other than Small Business, relative to NAICS code 541511

h) Federal Supply Schedule number (if applicable):

i) Statement of Capability that demonstrates the offeror's capability and past performance in providing and meeting the type of service requirement; to include the data and information stated herein.

e-Mail submissions will be acceptable at [email protected]. Submissions should be submitted no later than 2:00 p.m., Central Standard Time (CST) on April 19, 2017.

NO FAX/ FACSIMILE SUBMISSIONS WILL BE ACCEPTED.

Notice to Potential Offerors: All Offerors who provide goods or services to the United States Federal Government MUST be registered in the System for Award Management (SAM) website, located on at www.sam.gov.

It is desirable that Offerors complete their business Online Representations and Certifications Application (ORCA).

Additionally, all Service Disabled Veteran Owned Small Businesses or Veteran Owned Small Businesses who respond to a solicitation must be registered with the Department of Veterans Affairs Center for Veterans Enterprise VetBiz Registry located at http://vip.vetbiz.gov.

Disclaimer: The purpose of this RFI is to gain knowledge of potential qualified sources and their business size classification, and is issued solely for information and planning purposes only and does not constitute a solicitation. 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. This notice shall not be construed as a commitment by the Government to issue a solicitation or ultimately award a contract, nor does it restrict the Government to a particular acquisition approach. All information received in response to this RFI that is marked as proprietary will be handled accordingly. Responders are solely responsible for all expenses associated with responding to this RFI. The Government is not obligated to nor will it pay for or reimburse respondent parties for any costs associated with responding to this Sources Sought Synopsis Announcement.

NOTE: No proprietary, classified, confidential, or sensitive information should be included in your response to this Sources Sought Announcement. The Government reserves the right to use any information provided by respondents for any purpose deemed necessary and legally appropriate, including using technical information provided by respondents in any resultant solicitation. Also, please be advised that Neopost USA, and its authorized resellers, are the only authorized sales, supplies, parts and servicing providers for Neopost-manufactured Mailing Systems.

At this time no solicitation exists; therefore, do not request a copy of the Solicitation. After a review of the responses received, a Pre-Solicitation Notice and Solicitation may be published on Federal Business Opportunities (FedBizOpps) website or GSA E-buy.

It is the potential Offeror's responsibility to monitor FedBizOpps and E-buy for release of any future solicitation that may result from this Sources Sought Announcement.

However, responses to this Sources Sought Announcement will not be considered adequate responses to any resultant solicitation.

Comments/Concerns: Please provide the Contracting Officer, under company/firm s letterhead, any comments and/or concerns you may have regarding this Sources Sought Announcement.

John Schiffhauer

Contract Specialist

Department of Veterans Affairs

Program Contract Activity Central

(PCAC) - St. Louis, MO

314-894-6656 x 65111

[email protected]

Performance Work Statement (PWS)

HIPAA Transition support

Title: HIPAA Transition support

1. Purpose. The Department of Veterans Affairs (VA), Veterans Health Administration (VHA), Chief Business Office (CBO) eBusiness Solutions Program Office requires Electronic Data Interchange (EDI) health care revenue cycle processing subject matter expert services.

2. Background. The Administrative Simplification provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) require the Department of Health and Human Services to establish national standards for electronic health care transactions and code sets, and standard identifiers for providers, health plans, and employers. It also addresses the security and privacy of patient data. The health care industry has been working towards building an infrastructure to accommodate the complex legislative mandates resulting from HIPAA. The Department of Veterans Affairs VHA is a covered entity under the law.

VHA has been implementing multiple EDI initiatives and resolving the business rule conflicts between the VA and the payer community. The vast diversity in the business rules and functionality inherent in each payer and provider system presents an enormous challenge to creating a functioning HIPAA-compliant health care industry. The national standards and code sets do not unify provider billing systems and payer adjudications systems nor do they address the autonomy of both provider and payer entities to establish their own respective business requirements/policies; they do however, present a standard for the electronic data exchange of healthcare information. As a result, the payer and provider community must address each other s business needs if they are to achieve both HIPAA-compliance and processing efficiency.

3. Objectives. This effort continues as VHA expands its data exchange reach to include additional third-party healthcare payers and transaction types. In addition, the HIPAA standards committees are forecasting the mandate of additional transaction sets, otherwise known as electronic data format standards. When implemented, the collective body of HIPAA transactions would give VHA a more robust business product and make VHA a more viable business partner in the e-Business community.

4. Scope. The contractor shall provide all resources necessary to accomplish the deliverables described in the PWS, except as may otherwise be specified.

VHA is modifying its VA VistA software and business processes to comply with Health Insurance Portability and Accountability Act of 1996 (HIPAA) and Affordable Care Act (ACA). The Contractor shall support the VHA eBusiness Solutions initiatives by providing technical and EDI healthcare revenue cycle processing subject matter expertise.

All work and products executed and provided to the VHA shall comply with applicable statutory/regulatory mandates as well as any applicable policy and/or standards guidance for health care electronic standards. Further, the Contractor shall also comply with any inadvertently omitted, applicable statutory, regulatory, policy and standards guidance and shall notify the Contracting Officers Representative (COR), immediately upon discovery of such an omission.

These Governance elements are applicable only to the work efforts and products related to the requirements of this PWS and do not change established federal contracting regulations or applicable laws or policies related to federal acquisitions.

At no time shall the Contractor direct, change, or engage in the formulation of VHA policy. The VHA is solely responsible to review the Contractor s recommendations and to make decisions concerning the formulation of policy. The Contractor shall not perform any inherently governmental functions under this contract. No Contractor employee shall represent himself or herself as a Government employee, agent, or representative. No Contractor employee shall state orally or in writing at any time that he or she is acting on behalf of the Government.

VHA/ eBusiness Solutions have identified the following governance elements for this Performance Work Statement:

Knowledge of HIPAA Rules and Regulations and ACA

Knowledge of Department of Health and Human Services (HHS) Policy and Directives, including EDI requirements and policy published in the federal register.

Knowledge of VHA Policy and Directives

Knowledge of EDI Mandates and Regulations

Knowledge of EDI Transaction Process Standards for health care and pharmacy claims and payments

Knowledge of PMAS is required.

Provide continuous contractor coverage (with in 24hrs) when contractor personnel are expected to be absent for any duration of time within the contracts POP.

5. Mandatory Tasks and Deliverables.

The contractor shall provide briefings, project plans, issues lists, and various reports. If for any reason any deliverable cannot be delivered on time according to the below schedule, the contractor shall provide a written explanation three days prior to the due date, to the Contracting Officer Representative (COR). This written transmittal shall include a firm commitment of when the work shall be completed. This transmittal to the COR shall cite reasons for the delay, and the impact on the overall project. The COR will review facts with the program office and issue a response in accordance with the contract terms and conditions. Unless otherwise specified, an electronic copy of the transmittal shall be placed in the designated eBusiness solutions SharePoint site or other eBusiness-designated site. Specifically, the contractor shall:

Task 5.1: The contractor shall coordinate data exchange items with external trading partners to include identifying test-ready new payers, collect transaction testing requirements, monitor test transmissions between Austin Automation Center and external trading partners.

Task 5.1.1: The contractor will create and maintain an issues and resolution list

Task 5.1.2: The contractor will provide input to the project manager on the progress and issues related to the eBusiness project for the project manager to include in the monthly briefing.

Deliverables:

-Issues and resolution list

-Input to Project manager for monthly briefing

Task 5.2: The contractor shall identify and document impacts of HIPAA EDI transactions, including National Council for Prescription Drug Programs, (NCPDP) transactions to stakeholders and end users. The catalogue of impacts shall be shared with Project Manager and Program Support, and evaluated to determine implementation actions and considerations. Action plan shall be developed to mitigate each impact.

Task 5.2.1: The contractor shall prepare and maintain a Stakeholder Analysis and Communications Plan that outlines impacted and influential stakeholders and document any feasible alternatives to implementing the end solution. The stakeholder Analysis and Communications plan should include implementation constraints, risks or opportunities, and recommendations for implementing the proposed design solutions, strategies to maintain compliance with existing and emerging compliance issues and opportunities to optimize project/system improvements and best practices. The communications plan at a minimum shall include key messages, message medium, timing, audience, and owner. This information will then be provided to the project manager on progress of issues related to the eBusiness projects in the form of a monthly report due no later than 3 days before the monthly briefing.

Deliverables:

- Monthly status and progress report to the Project Manager

- Stakeholder Analysis and Communications Plan

Task 5.3: The contractor shall attend project meetings and discussions that relate to design, development, and business-level oversight of testing, training, implementation, business process challenges and the progress of systems related to EDI healthcare revenue cycle process solutions. Collect and document information needed to perform analyses of HIPAA transactions and prepare project documentation.

Task 5.3.1: The contractor shall deliver detailed meeting notes and related artifacts, maintain an action log, with execution details addressing the components listed above to the Project Manager.

Task 5.3.2: The contractor will provide input to the project manager on the status of the technical component of the project for the project manager to include in the monthly briefing slide.

Deliverables:

-Meeting notes and logs

-Status report of technical components of the project

Task 5.4: The contractor shall support and facilitate eBusiness implementation strategy meetings with project representatives to identify implementation needs for MCCF EDI business projects. This includes identifying and resolving business process changes resulting from the implementation of HIPAA legislation including documentation for various HIPAA business solutions and related activities; developing project documents and tools to help plan, manage, and communicate issues regarding HIPAA business solutions; and investigating, managing, and documenting business improvement strategies.

Task 5.4.1: The contractor will document business rules of assigned eBusiness initiatives, prepare Business Cases identifying existing and emerging project needs, document user needs, program functions, and steps required to develop or modify systems or business processes.

Task 5.4.2: The contractor will develop user and functions specifications for enhancements to business application processes, application interfaces and reporting requirements.

Task 5.4.3: The contractor will provide status updates to the eBusiness Project Manager as needed and input to the project managers on implementation needs to be included in the project manager s slide for the monthly briefing.

Deliverables:

- Documentation of business rules, initiatives, emerging projects and business cases

- Develop user and functions specifications

- Input and status updates to the project manager for monthly briefing

Task 5.5: The contractor shall inventory the VistA menus and screens directly related to MCCF and NON MCCF EDI Revenue Functions. The inventory will include complete list of options and actions and document the current-state functionality in VistA. The inventory will include complete list of fields within each screen, and detailed index and description of how each is treated in current-state VistA. The completed inventory will be used as basis to develop embedded end-user help in new GUI interface.

Task 5.5.1: The contractor will catalogue and index all VistA menus, options, screens and fields related to EDI Revenue Functions

Task 5.5.2: The contractor will detail how each VistA menu, option, screen and field currently is handled in VistA including but not limited to path, help text, requirements, syntax, etc.

Task 5.5.3: The contractor will recommend and document alternative or new text for use in embedded end-user help in new Graphical User Interface (GUI) .

Deliverables:

VISTA cataloging and indexing

Detailing of VISTA menus and updates

Document GUI recommendations and alternatives

Task 5.6: The contractor shall conduct an evaluation of EDI content artifacts and resource documents and conduct a gap analysis. The evaluation will include identification and catalogue of elements and conduct an analysis of which elements to continue to be available and propose a prioritized list of new and relevant content. The contractor will design a catalogue structure to capture each item, propose evaluation criteria, and delineate specific recommendations and objectives for sub-content to meet stakeholder needs. The contractor will propose options for the best delivery method for content when it is embedded in the new GUI interface. The contractor will convert documents to approved method as appropriate.

Task 5.6.1: The contractor will evaluate and complete catalogue of current artifacts and resource documents.

Task 5.6.2: The contractor will conduct a gap analysis between the VistA menu/option inventory and the current documents. Contractor will prepare a prioritized list of topics for new job aids and reference materials for each project team.

Task 5.6.3:The contractor will prepare job aids and other reference documents as agreed upon with each project team

Deliverable 5.6.4: Contractor will recommend alternative delivery method and format for content to best display when embedded in GUI interface and convert documents to agreed upon format as appropriate.

Deliverable 5.6.5. The contractor will post relevant content to new document format and structure in accordance with VHA 508 and 6102 accessibility requirements.

Deliverables:

-Catalogue artifacts and resource documents

-Gap analysis

-Job aids and reference documents

-Recommend alternative delivery methods and formats

-Post relevant content for VHA 508 and 6102 accessibility requirements

Task 5.7: The contractor shall recommend and document process and procedures for managing, maintaining and governing the help infrastructure and content.

Task 5.7.1: Contractor shall document process and standard procedures for management, maintenance and governance of help infrastructure

Task 5.7.2: Contractor shall document process and standard procedures for management, maintenance, and governance of job aids and reference materials accessed from new GUI interface.

Deliverables:

-Documentation of processes and procedures for the help infrastructure

-Document process and standard procedures for management, maintenance, and governance of job aids

Task 5.8: Transition Plan The Contractor will provide a 30 day Transition Plan no later than 60 days prior to the end of the period of performance identifying the processes required for the transition of the tasking from the incumbent contractor, to a new contractor.

Task 5.8.1 Status of current tasking s will be provided for the new contractor, to include what the task is, where the incumbent is in the process, identify and disclose the location of working/work in progress documents, what is still needed to be completed, and when it should be completed if at all.

Task 5.8.2 The incumbent contractor will include a 30 plan for transitioning information from the incumbent to the new contractor, to include a reduction in personnel as transition occurs and the new contractor takes over.

Deliverable:

-Transition Plan

Table of Base Period Mandatory Deliverables Due Dates

Note: All items are to be provided to the respective project manager.

REFERENCE

DELIVERABLE

DUE DATE

5.1.1

Issues and resolution list

Updated weekly

5.1.2

Input to Project manager for monthly briefing

COB Monday of the scheduled technical briefing (typically 3rd week of the month

5.2.1

Monthly status and progress report to the Project Manager and Stakeholder Analysis and Communications Plan

Updated weekly

5.3.1

Meeting notes and logs

Due within 3 days business after meetings are held

5.3.2

Status report of technical components of the project

Updated weekly

5.4.1

Documentation of business rules, initiatives, emerging projects and business cases

Updated weekly

5.4.2

Develop user and functions specifications

Updated weekly

5.4.3

Input and status updates to the project manager for monthly briefing

Updated weekly

5.5.1

VISTA cataloging and indexing

Updated weekly

5.5.2

Detailing of VISTA menus and updates

Updated weekly

5.5.3

Document GUI recommendations and alternatives

Updated weekly

5.6.1

Catalogue artifacts and resource documents

Updated regularly and as required weekly

5.6.2

Gap analysis

Updated weekly

5.6.3

Job aids and reference documents

Updated weekly

5.6.4

Recommend alternative delivery methods and formats

Updated weekly

5.6.5

508 and 6102 accessibility requirements

Updated weekly

5.7.1

Documentation of processes and procedures for the help infrastructure

Updated weekly

5.7.2

Document process and standard procedures for management, maintenance, and governance of job aids

Updated weekly

5.8.1

Transition Plan

To be provided 60 days prior to the end of option period 4 Period of Performance

7. Place of Performance. The Contractor shall support this effort at the Department of Veterans Affairs eBusiness Solutions office in DC. It shall be required that one contractor be on site at all times during duty hours; exceptions can be approved by the COR in consultation with the eBusiness solutions director. The COR will provide adequate on-site workspace and ADP equipment for Contractor personnel. In those rare circumstances where a government desktop computer and/or desk telephone cannot be locally assigned, VHA will pursue Computer Access Group (CAG) access, or provide Government furnished Blackberries or laptops if needed.

8. Period of Performance (POP).

Date of award with a base year of 12-months with (4) four (1) one year option periods.

Base Period:

Option Period 1:

Option Period 2:

Option Period 3:

Option Period 4:

Transisition Period: Please Note: The contractor will be required to start the VHA onboarding and security back ground investigation process at the contract/task orders award date. All costs incurred by the contractor for onboarding during this time; prior to the actual effective date of award are not reimbursable and are solely the contractor s responsibility. This will allow time for all of the administrative processes to be completed prior to the actual effective date of award).

9. Travel. Travel may be required under certain circumstances. The program office anticipates approximately Twelve (12) trips in the base period and twelve (12) trips in the option periods to take place. Travel will be within the continental United States. All travel is subject to COR written approval in advance. Travel and per diem shall be reimbursed in accordance with VA and the Federal Travel Regulations. Travel expenses shall be invoiced in the subsequent month following the completion of travel in order to be reimbursed. Travel shall be reconciled in the travel system NLT 3 business days after the trip ends. All travel receipts shall be provided to the COR within 5 business days after the trip ends for record keeping purposes in the COR contract file.

10. Federal Holidays. There is ten (10) Federal holidays set by law (U.S.C. Title 5 Section 6103):

Under current definitions, four are set by date:

New Year s Day January 1

Independence Day July 4

Veteran s Day November 11

Christmas Day December 25

If any of the above falls on a Saturday, then Friday shall be observed as a holiday. Similarly, if one falls on a Sunday, then Monday shall be observed as a holiday.

The other six are set by a day of the week and month:

Martin Luther King Day Third Monday in January

Washington s Birthday Third Monday in February

Memorial Day Last Monday in May

Labor Day First Monday in September

Columbus Day Second Monday in October

Thanksgiving Fourth Thursday in November

11. Type of Contract. Firm-Fixed Price Task Order against a GSA Federal Supply Schedule.

12. Key Personnel. Certain skilled experience professional and/or technical personnel are essential for accomplishing the work to be performed. These individuals are defined as Key personnel and are those persons whose resumes were submitted and marked by the vendor as Key Personnel. Substitutions shall only be accepted if in compliance with Substitutions shall only be accepted if in compliance with Substitution of Key Personnel provision identified below. Key personal shall have continual coverage.

12.1 Staff Qualifications.

Subject Matter Expert

Senior expert with enterprise-wide knowledge and experience in one or more designated functional and/or domain areas. Provides insight and advice concerning strategic direction and the applicability of best industry practices, current technology, and applicable standards. Responsible for applying advanced principles, theories, and concepts, developing solutions to complex problems. Defines key concepts for the planning, acquisition, deployment, integration, operation and/or enhancement of systems, processes, and/or organizational practices.

Minimum Education Level: Bachelor degree in related field or equivalent

Minimum Experience: 8 years of experience.

In addition; all SME s proposed shall have an in depth knowledge of health care revenue cycle processes to include the following:

- Authority to make project and task completion decisions independently on-site without requiring higher levels of company approval.

- Expert knowledge of health care revenue cycle

- Knowledge of health care information technology laws, e.g. HIPAA Title II and ACA

- Electronic Transactions and Code Sets Final Rule business solutions

- Specific knowledge of revenue operations

Specialist

Possesses technical writer abilities; provides advice and guidance in the fields of organizational business process assessments, and improvements; productivity and performance improvement.

Minimum Education Level: Associates degree in related field or equivalent

Minimum Experience: 3 years of experience.

Education Substitution:

Each year of relevant work experience may be substituted for one year of education, and vice versa. Certifications, professional licenses, and specific technical training may also be substituted for equivalent experience or education.

The Contractor shall be responsible for managing and overseeing the activities of all Contractor personnel, as well as subcontractor efforts used in performance of this effort. The Contractor s management responsibilities shall include all activities necessary to ensure the Accomplishment of timely and effective support, performed in accordance with the Requirements contained in the performance work statement.

Substitution of Key Personnel:

All Contractor requests for approval of substitutions hereunder shall be submitted in writing to the COR and the Contracting Officer at least thirty (30) calendar days in advance of the effective date, whenever possible, and shall provide a detailed explanation of the circumstances necessitating the proposed substitution, a generic resume for the proposed substitute, and any other information requested by the Contracting Officer necessary to review approve or disapprove the proposed substitution. New personnel shall not commence work until all necessary security requirements have been fulfilled and resumes provided and accepted. The COR and the Contracting Officer will evaluate such requests and promptly notify the Contractor of approval or disapproval in writing.

The Contracting Officer may notify the Contractor and request immediate removal of any personnel assigned to the task order by the Contractor that are deemed to have a conflict of interest with the government or if the performance is deemed to be unsatisfactory. The reason for removal will be documented and replacement personnel shall be identified within three business days of the notification. Employment and staffing difficulties shall not be justification for failure to meet established schedules.

13. Changes to the PWS. Any changes to this PWS shall be authorized and approved only through written correspondence from the Contracting Officer. A copy of each change will be kept in a project folder along with all other products of the project. Costs incurred by the contractor through the actions of parties other than the Contracting Officer shall be borne by the contractor.

14. Government and Contractor Responsibilities.

The government will provide the contractor with copies of documents that the VA is required to provide.

The contractor shall request other VA documentation deemed pertinent to the work accomplishment directly from the COR. The contractor is expected to use common knowledge and resourcefulness in securing all other reference materials, standard industry publications, and related materials that are pertinent to the work.

The contractor shall maintain frequent communications with the Program Office and the COR to conduct work in progress reviews. Progress reports shall be delivered electronically to the COR, with an electronic courtesy copy to the Program Office.

15. Formal Acceptance or Rejection of Deliverables. The VA shall have 15 business days to review each document and provide feedback and comments. The contractor shall have five business days to incorporate comments. A final review shall be conducted with the COR. Delivery of the post-final review document with incorporated comments from the final review meeting shall constitute acceptance by the VA with COR s written approval.

16. Contract Security: The position sensitivity impact for this effort has been designated as Low Risk and the level of background investigation is NACI.

All contractors/subcontractors shall be required to submit electronic fingerprints, pass an eQIP background check, and take free required VA training (as specified by the COR).

Contractors may be issued VA network logins.

Contractors may be allowed remote access to the VA network via CAG/VPN (Citrix Access Group/Virtual Private Network).

Current plans are that the contractors shall not be handling VA sensitive information (PII/PHI/Business Confidential).-- In the event that VA sensitive information is encountered:

VA sensitive information will not be recorded, copied, stored, or printed on

non-VA owned computers or non-VA owned storage media at any time.

VA sensitive information may not be printed out at any non-VA facility.--

VA sensitive information may not be removed from any VA facility.

16.1 Contractor Responsibilities:

The Contractor shall bear the expense of obtaining background investigations. If the investigation is conducted by the Office of Personnel Management (OPM) through the VA, the Contractor shall reimburse the VA within 30 calendar days.

Background investigations from investigating agencies other than OPM are permitted if the agencies possess an OPM and Defense Security Service certification. The Vendor Cage Code number must be provided to the Security and Investigations Center (07C), which shall verify the information and advise the contracting officer whether access to the computer systems can be authorized.

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.

After contract award and prior to contract performance, the Contractor shall provide the following information to the designated COR:

List of names of Contractor personnel.

Social Security Number of Contractor personnel.

Home address of Contractor personnel and/or the Contractor's address.

Contractor personnel and/or Contractor s email address.

The Contractor, when notified of an unfavorable determination 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.

Further, the Contractor shall be responsible for the actions of all individuals provided to work for the VA under this contract. In the event that damages arise from work performed by Contractor provided personnel, under the auspices of this contract, the Contractor shall be responsible for all resources necessary to remedy the incident.

16.2 Government Responsibilities:

The VA Security and Investigations Center (07C) or the Government will provide the necessary forms to the Contractor and/or to the Contractor's employees after receiving a list of names and addresses.

Upon receipt, the VA Security and Investigations Center (07C) will review the completed forms for accuracy and forward the forms to OPM to conduct the background investigation. The VA facility will pay for investigations conducted by the OPM in advance. In these instances, the Contractor shall reimburse the VA facility within 30 calendar days.

The VA Security and Investigations Center (07C) will notify the contracting officer and Contractor after adjudicating the results of the background investigations received from OPM.

The COR will ensure that the Contractor provides evidence that investigations have been completed or are in the process of being requested.

16.3 Inherently Governmental Functions/Personal Services

In accordance with the Office of Federal Procurement Policy Letter 92-1, dated September 23, 1992, entitled "Inherently Governmental Functions," under no circumstances shall personal services be performed under this contract. No Contractor employee will be directly/indirectly supervised by the Government. All Contractor employee assignments, and daily work direction, shall be provided by the applicable Task Order s Contractor employee supervisor. If the Contractor believes any Government action or communication has been given that would create a personal services relationship between the Government and any Contractor employee, the Contractor shall promptly notify the Contracting Officer of this communication or action.

The Contractor shall not perform any inherently governmental actions under this contract. No Contractor employee shall represent himself or herself as a Government employee, agent, or representative. No Contractor employee shall state orally or in writing at any time that he or she is acting on behalf of the Government. In all communications with third parties in connection with this contract, Contractor employees shall identify themselves as Contractor employees and specify the name of the company for which they are employed. In all communications with other Government Contractors in connection with this contract, the Contractor employee shall state that they have no authority to change and/or alter the contract and that if the other Contractor believes this communication to be a direction to change his or her contract, he or she shall notify the appropriate Contracting Officer for that contract immediately and not carry out the direction until direction has been issued by the Contracting Officer.

The Contractor shall insure that all of its employees working on this contract are informed of the substance of this clause. Nothing in this clause shall limit the Government's rights in any way under any other provision of the contract, including those related to the Government's right to inspect and accept the services to be performed under this contract. The substance of this clause shall be included in all subcontracts at any tier.

(End of PWS)

Link/URL: https://www.fbo.gov/spg/VA/VAAAC/VAAAC/VA77717N0069/listing.html