G--American Lake Child Care Services

DISCLAIMER This 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. This is a SOURCES SOUGHT NOTICE for market research purposes only to determine the availability of potential businesses with capabilities to provide the services described below. Potential offerors are invited to provide feedback via e-mail to Diana Curl, [email protected]. Interested firms should notify this office, as early as possible, but not later than February 22, 2018. All firms shall list their name, address, phone number, point of contact, and type of business. Any questions can be directed to Diana Curl, Contracting Officer, via email at [email protected]. Responses will be used to determine the appropriate acquisition strategy for a potential future acquisition. This Sources Sought announcement is for the Veterans Health Administration VA Puget Sound American Lake Division in Tacoma, WA. A draft copy of the Statement of Work is attached to this notice. GENERAL DESCRIPTION of the services to be performed: The purpose of this requirement is to provide drop in child care services for Veteran patients with VA clinic appointments for the VA Puget Sound American Lake Division patients in Tacoma, WA. This is a Non-Personal Service. The designated NAICS Code is 624410-Child Day Care Services, Size Standard, $7.5M. A Statement of Work (SOW) shall be included in the sources sought notice. The sources sought notice number is 9426. Your response shall include the following information: Size of company (i.e., 8(a), HUBZONE, WOSB, EDWOSB, Veteran Owned, Small Disadvantaged Business, Service Disabled Veteran Owned, etc.). Ability to comply with the Limitations on Subcontracting as defined in VAAR Clause 852.219-10 for SDVOSBs and FAR Clause 52.219-14 for small business concerns or 8(a) participants. Relevant past performance on same/similar work dating back to the last three years and your company s capability to do this type of work. Teaming Arrangements to include relevant past performance on same/similar work dating back to the last three years. Documentation of technical expertise and capability must be presented in sufficient detail for the Government to determine that your company possesses the necessary functional area expertise and experience to compete for this acquisition. It is imperative that business concerns responding to this sources sought, articulate their capabilities clearly and adequately. THIS IS NOT A SOLICITATION. THIS IS A MARKET RESEARCH DOCUMENT. IF A SOLICITATION IS ISSUED, IT WILL BE ANNOUNCED AT A LATER DATE, and all interested parties must respond to that solicitation announcement separately from the responses to this announcement. No reimbursement will be made for any costs associated with providing information in response to this announcement.  After market research is completed, the government will decide the type of small business program consideration under which a solicitation will be issued, if any. This action is being considered for 100% set-aside for Service Disabled Veteran Owned Small Businesses (SDVOSB), Veteran Owned Small Businesses (VOSB) and/or Historically Underutilized Business Zone (HUBZone) firms. 8(a) firms, Economically Disadvantaged Women Owned Small Businesses (EDWOSB), and Women Owned Small Businesses (WOSB). If interest is not received by the response due date from enough service disabled, veteran owned, or other small businesses, a resultant future solicitation can be issued unrestricted, and no further communications regarding the decision will take place. STATEMENT OF WORK Implementation of VA Child Care Pilot Program VA Puget Sound Health Care System - American Lake Division Base Contract Period: April 1, 2018 - September 30, 2018, with Option period running from October 1, 2018 - September 30, 2019. INTRODUCTION The child care pilot program was authorized by Congress to help relieve the difficulty some Veterans have in making VA appointments when they are also responsible for providing care to young children. In a survey, VA found that nearly a third of Veterans were interested in child care services and more than 10 percent had to cancel or reschedule VA appointments because of child care issues. GENERAL INFORMATION 1. Mission: It is the intent of the Department of Veterans Affairs (VA) to provide hourly child care services to Veterans during their VA appointments in efforts to help relieve the difficulty some Veterans have in making their VA appointments when they are responsible for providing care to young children. Children, both infants and school-age, can be dropped off at the VA Child Care Center (Center) for the duration of the Veteran s scheduled appointment, at no charge to the Veteran. 2. Objective: VA Puget Sound Health Care System (VA Puget Sound) expects the Contractor to provide the highest standard of child care as identified by the National Association for the Education of Young Children (NAEYC) standards. The Contractor shall provide all the manpower, resources, and services necessary to meet the following objectives: a) Direct support of the VA Child Care Pilot Program (Program). b) Safe, developmentally appropriate environments and quality care for young children with strict adherence to health, sanitation, safety, fire, nutrition, and risk management requirements. c) Qualified and experienced management, support and Child Development Staff who communicate positively and professionally with children and parents. d) Provide environments that positively contribute to children s physical, social, emotional, and cognitive growth. 3. Environment: The Program provides hourly child care services for children from ages six-(6) months through ten (10) years of age from the hours of 7:30 a.m. to 4:30 p.m. on the grounds of VA Puget Sound - American Lake Division. The Program consists of temporary care (not to exceed 3 hours) that offers children a variety of activities, quiet and active play, indoor and outdoor activities, large and small muscle activities, private/individual time, large group and small group times. The current maximum capacity in the Program is 30 children however; the daily operational capacity is determined by the age of the children, teacher/child ratios, and Veteran needs. 4. Location: The following location is covered under this acquisition: the space is located at the VA Puget Sound Health Care System American Lake Division, 9600 Veterans Drive, Tacoma, Washington 98493. 5. Scheduling: Services will be available between the hours of 7:30 a.m. to 4:30 p.m. Monday through Friday. Pre-appointments for use of Drop-In Services are not required. Veteran Patients may, however, contact the child care center in advance of their appointment date. Capacity is limited to 30 children at any given time. However, it is anticipated that general use will not exceed three (3) hours for most users, with consideration for special needs of certain users based on multiple appointments and/or appointment type. The drop off and pick up area will be determined via project meetings between the Contractor and VA Puget Sound/VA Central Office designees before the actual start date of the program. 6. Scope of Work: The Contractor shall provide all resources necessary to accomplish the services described in this Statement of Work (SOW), except as may otherwise be specified. The Contractor is to provide child care services for children of Veterans during the Veteran s scheduled appointment(s) time at the VA Puget Sound - American Lake Division. Children, both infants and school-age, can be dropped off at the VA pilot child care center for the duration of the Veteran s VA appointment, at no charge to the Veteran. Development of the pilot program will begin with administrative time for implementation of program policies, procedures and set up, and recruitment and hire of staff to provide child care for up to 30 children ages 6 months to 10 years from 7:30 a.m. to 4:30 p.m. The program implementation will begin April 1, 2018. The Pilot Program is authorized through September 30, 2019. (Congress authorized VA to implement the child care pilot under the Department of Veterans Affairs Expiring Authorities Act of 2017, Public Law 115-62). 6. Background: VA Puget Sound was selected to implement a pilot program to provide child care service for Veteran patients with VA clinic appointments. Contractor shall provide this service to VA Puget Sound - American Lake Division patients. The intent of this request is to provide for Personal Services (Labor/hour) for program administration and child care oversight as well as supplies and materials (toys, office supplies, diaper changing, etc.) in support of this program. Congress authorized VA to implement the child care pilot under the Department of Veterans Affairs Expiring Authorities Act of 2017, Public Law 115-62, a comprehensive package of services that includes training, mental health services, and access to medical care for the caregivers of Veterans with special needs. Child care is a service that Veterans have requested and the pilot program will benefit both men and women Veterans. 7. Start-up Period: The Pilot Program will be funded through the 4th Quarter FY2019. 8. Referrals: Veterans will be informed of the program via on-site signage, promotion through VA web-sites, mail, Veterans service organizations, clinical provider referrals and general inquiry. Veterans will be required to present proof of appointment(s) at the time of child drop-off and will be required to show time of appointment check out upon pick up. The means of proof to be determined via project meetings between Contractor and VA Puget Sound/VA Central Office designees before actual start date of the program. Under consideration: appointment letter and follow-up by the daycare director by phone to confirm appointment(s). 9. Reporting Requirements: 9.1 Contractor shall keep an electronic log of veteran use of the child care center as well as materials used during that period of care. The daily log should contain but not be limited to patient s name, time and location of appointment(s), age of child/children and cell phone number for emergency contact. Information recorded in said log shall be determined via project meetings between Contractor and VA Puget Sound/VA Central Office designees before actual start date of the program. 9.2 The Contractor shall implement a quality assurance program to ensure that VA requirements are being met. The Contractor shall take corrective action when deficiencies are identified and return any corrective/additional information to VA Puget Sound within 14 business days. 9.3 VA Puget Sound will have ultimate oversight, review, and rejection/acceptance for all performances related to this program/acquisition. 9.4 Under no circumstances should Veterans receive billing from Contractor. Contractor shall resolve any erroneous bills received by Veterans and issue appropriate documentation to the Veteran that the issue has been resolved. 9.5 Contractor shall appoint a program manager to be responsible for effective liaison with VA Puget Sound/VA Central Office coordinators and the contract Contracting Officer Technical Representative. 10. Hours of Operation: Contractor shall provide services from 7:30 a.m. to 4:30 p.m. Monday through Friday. Hours over and beyond shall be addressed via project meetings between contractor and VA Puget Sound/VA Central Office designees before actual start date of the program. Services will not be offered on national holidays. The following Federal Government holidays are observed: New Year s Day, January 1 Martin Luther King Jr. s Birthday, third Monday in January President s Day, third Monday in February Memorial Day, last Monday in May Independence Day, July 4 Labor Day, first Monday in September Columbus Day, second Monday in October Veteran s Day, November 11 Thanksgiving Day, fourth Thursday in November Christmas Day, December 25 a) The Contractor shall recognize any other day designated as a holiday by Federal Statute or Executive Order (e.g., the Friday/Monday after a specific holiday, etc.), or by the Medical Center Director or designee. b) The Government prohibits, within the child care center, any dissemination of religious information, prayer, and program activities that teach or promote religious doctrine. c) Should the VA child care center not open due to weather conditions; local radio and television stations will announce this information and the Contracting Officer Representative (COR) will confirm. The child care Center should adjust its schedule accordingly. 11. Security: Contractors shall complete all mandatory background checks (SAC and NACI) as well as fingerprinting, and shall acquire subsequent PIV cards for access onto VA grounds. Contractors are required to complete all mandatory VA training and have authorized access to VA computer networks before beginning work. 12. Facility Access and Control: 12.1 Policies and checklists regarding safety; security and emergency procedures address opening and closing the facility and checking that all doors and gates to the outside areas are secure. During emergencies, families or designated family representatives are notified by telephone, Medical Center emergency notification system, radio, or television broadcast. 12.2 All employees must wear nametags and other distinctive apparel that identifies them and their organization. The contractor will ensure that its employees working at the child care center display his/her identification badge while on VA grounds. Employees are required to show their valid identification badge to gain access to the facility. If an employee's identification badge becomes lost or stolen, it must be reported to the COR within one workday. 13. Physical Security: 13.1 Theft/Loss/Damage. In cases of theft, the contractor will notify the COR in writing within one hour upon discovery. The contractor shall provide the necessary security and precautions to safeguard and protect all Government equipment, property and supplies. The contractor, at no cost to the Government, will replace any lost or stolen items. Replacement equipment shall be identical in quality to that which was originally furnished by the Government and shall meet all Consumer Product Safety Commission standards. In addition, in cases of theft the contractor will notify the COR within one hour upon discovery. 13.2 Lock and Key Control. The contractor shall sign for and receive from the Government the initial keys and locks for Government furnished facilities. The contractor shall develop a key control system that limits access to all keys, outlines accountability procedures and ensures keys are returned when employment is terminated. The contractor is responsible for securing the physical facility and grounds which includes all equipment and furnishings both indoors and outdoors. The contractor shall reimburse the Government for replacement of locks and keys when the contractor loses or duplicates a master key, all locks will be replaced at the contractor s expense. The contractor will conduct a quarterly accountability inspection for locks and keys and provide a written report with the results of the inspection to the COR the first day of operation, and 20-days after each quarter thereafter. The contractor shall report the occurrence of a lost, stolen, or misplaced key to the VA Security Office and COR within 24-hours after discovery of such a loss, theft, or misplacement. 14. Caregiver to Child Ratio 14.1 The child care center will operate within the caregiver to child ratio per the Washington State Department of Early Learning, Applicable Regulations: RCW 43.215.545 ; Chapter 170-295 WAC. Staff to Child Ratio Maximum Child Care Center Group Size Child Care Center Caregiver to Child Ratios  Age of Children Minimum Staff to Child Ratio Maximum Child Care Center Group Size 3 mos. to 11 mos. 1:4 4 12 mos. to 29 mos. 1:7 6 30 mos. to 5 years 1:10 10 5 years to 12 years 1:15 10 14.2 Once the maximum capacity is reached for a stated age group, additional children for that age group will be turned away. 15. Licensure/Regulatory Requirements 15.1 Contractor must be a licensed, insured child care center with an exemplary reputation in the surrounding community. The contractor must retain a license from the Washington State Department of Early Learning and must operate in compliance with the regulations of the Office and all other applicable laws and regulations. 15.2 The child care center director will provide program administration and be responsible for the recruitment, hire and supervision of staff and oversight over all aspects of the child care program. The child care center director must have a minimum education requirement of minimum of at least 25 college quarter credits in early childhood education, of which only 8 can be department-approved clock hours, must hold a current child development associated certificate, and must be registered with the Washington State Training and Registration (STARS) program. The child care center director must have a minimum of 2 years experience as a director of a child care center for children ages 3 months to 12 years. The child care center director must be located at the VA Medical Center for the majority of the hours and readily available to provide guidance; program direction and function as Liaison with VA Medical Center Staff (i.e. Fire; Safety; Executive Leadership; VA Child Care POC; Public Relations etc.). These duties shall not interfere with any assigned provision of child care. In the event, the child care center director is unavailable due to planned administrative leave or emergency, they must designate a person to be in charge that meets the minimum qualifications for with the State of Washington for a lead teacher. The COR will be advised in advance of any planned absences which require designation and/or substitution of staffing and provide concurrence. VA will have final approval and concurrence in recruitment and hire of the child care center director. 15.3 The child care center director will be responsible for hire and recruitment of staff with appropriate credentials; experience to include: Lead teacher(s) who must be a minimum of 18 years of age, have completed a high school education or equivalent and have documented experience working with children. The child care assistant will be at least 18 years of age and operates under the direct supervision of a lead teacher. The child care center director will be responsible for providing a contingency plan for emergency and routine leave coverage which meets staffing experience; certification requirements and child/care giver ratios to the COR for concurrence. The Contractor is required to provide the following documents to the Contracting Officer and the COR for each proposed contractor employee that will be performing under contract at VAPSHCS-American Lake Division: 1. List of proposed personnel and the job title the will be performing 2. Professional resumes for all proposed personnel 3. Copy of professional certifications that are current and valid for the positions to be held 4. Additionally, but not limited, proof of education, year of pertinent experience, employment history, child develop associate, current health condition, immunization history, references, etc. 15.4 The contractor shall adhere to and maintain compliance with regulatory requirements found in Public Law, Government Policy, National Standards (such as NAEYC Accreditation Criteria & Procedures for Early Childhood Programs), Council on Accreditation (COA), Occupational Safety & Health Association (OSHA) Guideline 1910, and State Licensing (if applicable). 15.5 The contractor shall follow guidelines to attain and maintain the following performance standards: NAEYC Accreditation Every five (5) years or as the academy dictates; Council on Accreditation (COA). 16. Quality Assurance and Control 16.1 The contractor must provide a quality control plan that addresses the Quality Assurance aspects below. Such plan will be furnished to the Contracting Officer within 15 days of the date of award of the contract. The Contracting Officer will notify the contractor within 15 days after receipt of the plan whether or not the plan is acceptable. If the plan is not found acceptable, the Contracting Officer will identify those areas requiring clarification or correction, and the contractor will have 30 days to provide corrected plan. The plan must include: A description of the methods to be used for identifying and preventing defects in the quality of service performed; and A description of records to be kept to document inspections and corrective or preventive actions taken. 16.2 Records of inspections must be kept and made available to the Contracting Officer, when requested, throughout the contract performance period and for a period of seven years after the contract close out. 16.3 The performance measurements under the proposed contract shall be based upon the timeliness and quality of the services provided. These measurements are defined as: 1) Timeliness Required services and reports are provided in accordance with the stated period of performance, scheduled timelines, and hours of operation as set forth within this solicitation package. 2) Quality Services provided under the proposed contact will be measured based upon the Government s determination of the validity, accuracy, clarity and usefulness of the service or if the work performance has met the requirements listed within the SOW and as communicated to the contractor by the Government. 16.4 The Government will evaluate the contractor s performance under this contract. The COR or designated Quality Assurance Evaluator (QAE), will follow the methods of surveillance specified in the Quality Assurance Surveillance Plan (QASP). Government personnel will record all surveillance observations. When an observation indicates defective performance, the COR will require the contractor at the site to initial the observation. The initialing of the observation does not necessarily constitute concurrence with the observation, only acknowledgement that he or she has been made aware of defective performance. Government surveillance of tasks not 16.5 listed in the SOW or by methods other than those listed in the SOW (such as provided for by the Inspection of Services clause) may occur during the performance period of this contract. Such surveillance will be done according to standard inspection procedures or other contract provisions. Any action taken by the Contracting Officer as a result or surveillance will be in accordance with the terms of this contract. 16.6 The Contracting Officer may require the contractor representative to meet with the Contracting Officer, COR, and other Government personnel as deemed necessary. The contractor may request a meeting with the Contracting Officer when he or she believes such a meeting is necessary. Written minutes of any such meetings must be recorded and signed by the contractor representative and the Contracting Officer or contract administrator. If the contractor does not concur with any portion of the minutes, such nonoccurrence must be provided in writing to the Contracting Officer within 14 calendar days following receipt of the minutes. The contractor shall adhere to and maintain compliance nationally recognized standards including, but not limited to: 1) National Association for the Education of Young Children (NAEYC) Accreditation Criteria & Procedures for Early Childhood Programs) 2) Council on Accreditation (COA) 3) Occupational Safety & Health Association (OSHA) Guideline 1910 4) State licensing (if applicable). 16.7 The COR shall monitor performance by reviewing contractor s log. Any questions or concerns regarding offer or performance in regards to these reports will be immediately addressed with offer or verbally and in writing. 16.8 VA Puget Sound Health Care System shall provide a questionnaire to survey Veteran feedback regarding the use of the child care pilot program. 16.9 VA Puget Sound Health Care System shall monitor staff training; certifications and performance by reviewing contractor s records. Any questions or concerns regarding offer or performance in regards to these reports will be immediately addressed with offer or verbally and in writing. Government personnel, such as Inspector General, VA, or other personnel designated by the CO, are authorized to observe/review/assess contractor operations. The Government reserves the right to conduct and oversee announced and unannounced observations and inspections of the child development programs 16.10 The contractor must prepare a health care plan that protects and promotes the health of children using the drop-in center. A health check of each child must be carried out by a person who is competent to recognize symptoms of illness and communicable diseases upon arrival to the program. The following rules for exclusion must be followed for both child center staff and children: fevers of 100 degrees Fahrenheit, diarrhea, unidentified skin rash, diaper rash, excessive productive cough or vomiting. Any child exhibiting any of these conditions must be denied admission to the program that day. The contractor will identify cleaning deficiencies and take action to correct these deficiencies immediately. Any deficiencies will be brought to the attention of the COR inclusive of a corrective plan of action. 16.11 VA designated personnel will conduct monthly inspections in the areas of health, facilities, fire, sanitation, and safety. If deficiencies are identified, inspectors will determine a corrective action time frame. The contractor shall be responsible for compliance and correcting all deficiencies noted during inspections within the assigned time frame. 16.12 The contractor shall comply with the current child care regulations, instructions, and commercial codes. Any future amendments, updates or revisions to these standards shall be implemented upon receipt if there is no added cost to the contract. If additional cost is anticipated, then prior to incurring the cost, the contractor will notify the CO prior to incurring the additional cost. The CO will prepare a change order to the contract and negotiate prior to implementation. 16.13 The Contracting Officer and the COR shall have access to, and the right to examine, any of the Contractor s pertinent books, documents, papers or other records involving transactions related to this contract during the contract period and for a period of three years after final contract payment. 16.14 The Contractor is responsible for initiating and maintaining all program policy and operating records to include daily, weekly, monthly, and yearly attendance figures, service orders, child and employee records, inspection reports, inventories, and financial reports. There may be other ad hoc reports that are not defined at this time. The COR will request reports and assign suspense dates as when the reports must be submitted. Reoccurring reports must be submitted to the COR within five-(5) working days of the following month. 16.15 The Contractor must develop and update a contingency and disaster plan on an annual basis, incorporating any specific VA policies and/or procedures. 16.16 The Contractor shall establish and enforce internal controls relative to key control, training requirements, security of child and employee records, physical security, video surveillance, and any other internal controls in compliance with VA guidelines and policies necessary for the efficient and safe operation of the program. 16.17 Customer Service: Patrons should address issues and concerns about children and the care provided in the child care center to the child care center director. The child care center director is responsible for the daily operations of the center and has the authority and responsibility to resolve all program and management issues. The Contractor is responsible for ensuring customer satisfaction. The director will contact the COR within 24 hours of receiving the customer s issue(s). Patrons have the right to contact the COR at any time with regards to customer service. 16.18 The contractor shall comply with HIPPA and FOIA standards for maintenance of records, information technology system oversight, and review of records. 16.19 Government personnel, such as Inspector General, VA, or other personnel designated by the CO, are authorized to observe/review/assess contractor operations. The Government reserves the right to conduct and oversee announced and unannounced observations and inspections of the child development programs. 16.20 The contractor management will identify cleaning deficiencies and act to correct these deficiencies immediately. Any deficiencies will be brought to the attention of the COR inclusive of a corrective plan of action. 16.21 VA designated personnel will conduct monthly inspections in the areas of health, facilities, fire, sanitation, and safety. If deficiencies are identified, inspectors will determine a corrective action time frame. The contractor shall be responsible for compliance and correcting all deficiencies noted during inspections within the assigned time frame. 16.22 The contractor shall comply with the current child care regulations, instructions, and commercial codes. Any future amendments, updates or revisions to these standards shall be implemented upon receipt if there is no added cost to the contract. If additional cost is anticipated, then prior to incurring the cost, the contractor will notify the CO prior to incurring the additional cost. The CO will prepare a change order to the contract and negotiate prior to implementation. 16.23 The Contracting Officer or duly authorized representative shall have access to, and the right to examine, any of the Contractor s pertinent books, documents, papers or other records involving transactions related to this contract during the contract period and for a period of three years after final contract payment. 16.24 The contractor is responsible for initiating and maintaining all program policy and operating records to include daily, weekly, monthly, and yearly attendance figures, service orders, child and employee records, inspection reports, inventories, and financial reports. There may be other ad hoc reports that are not defined now. The COR will request reports and assign suspense dates as when the reports must be submitted. Reoccurring reports must be submitted to the COR within five-(5) working days of the following month. 16.25 The contractor must develop and update a contingency and disaster plan on an annual basis, incorporating any specific VA policies and/or procedures. 16.26 The child care center closure is contingent upon local VA Medical Center decision and/or OPM directives and will be communicated through established communication channels to include news media outlets. The contractor and the CO will negotiate the exact time and contractor s compensation. 16.27 The contractor shall establish and enforce internal controls relative to key control, training requirements, security of child and employee records, physical security, video surveillance, and any other internal controls in compliance with VA guidelines and policies necessary for the efficient and safe operation of the program. 16.28 Customer Service: Patrons should address issues and concerns about children and the care provided in the child care center to the child care center director. The care center director is responsible for the daily operations of the center and has the authority and responsibility to resolve all program and management issues. The contractor is responsible for ensuring customer satisfaction. The director will contact the COR within 24 hours of receiving the customer s issue(s). Patrons have the right to contact the COR at any time with regards to customer service. 16.29 The contractor shall comply with HIPPA and FOIA standards for maintenance of records, information technology system oversight, and review of records. 16.30 Emergency Actions: The contractor shall propose an emergency action plan for review and concurrence with VA Fire; Safety; Infections Control and Emergency Preparedness program coordinators and managers that addresses the following: 1) Contingencies and disasters 2) Emergency child care and staffing 3) Building evacuation plan 4) Medical and health emergencies 5) Notification of proper authorities for each situation 6) Notification of children s families 7) Coordination with fire and safety offices 16.31 The contractor will submit a report to the COR on the 30th day of each month describing emergency actions taking place during the month, and update the Emergency Action Plan every six-(6) months. 17. Type of Contract This is a contract for the program administration and provision of child care services for Veterans with appointments at the VA Puget Sound - American Lake Division. This child care pilot program was authorized by Congress to help relieve the difficulty some Veterans have in making VA appointments when they are also responsible for providing care to young children. 18. Confidentiality and Nondisclosure It is agreed that: Press releases, marketing material or any other printed or electronic documentation related to this project, shall not be publicized by the Contractor without the written approval of the CO and the designated VA Pilot Program Director. Contractor shall not use its involvement with the child care pilot program in any publicity arena nor any contractor advertisements. 19. Key Personnel 19.1 Skilled experienced professional and/or technical personnel are essential for successful Contractor accomplishment of the work to be performed under this contract and subsequent task orders and option. These are defined as key personnel and are those persons whose resumes were submitted. The Contractor agrees that such personnel shall not be removed, diverted, or replaced from work without approval of the Contracting Officer s Technical Representative. 19.2 The contractor must submit all prospective employee qualification documents to the COR prior to finalizing employment. This would include, but is not limited to, proof of education, year of pertinent experience, employment history; Child Development Associate (CDA), current health condition, immunization history, references etc. Employees must meet both the and CDPP qualification standards. The prospective employee may not begin work until the initial VA required background checks and health requirements are met. 19.3 Any personnel the Contractor offers as substitutes shall have the ability and qualifications equal to or better than the key personnel that is being replaced. Requests to substitute personnel shall be approved by the COR. All requests for approval of substitutions in personnel shall be submitted to the COR within thirty (30) calendar days prior to making any change in key personnel. The request shall be written and provide a detailed explanation of the circumstances necessitating the proposed substitution. The Contractor shall submit a complete resume for the proposed substitute, any changes to the rate specified in the order (as applicable) and any other information requested by the COR needed to approve or disapprove the proposed substitution. The COR will evaluate such requests and promptly notify the Contractor of approval or disapproval thereof in writing. Substitute staff should be designated by the contractor well before the need presents itself, as substitute staff will be required to have already completed the required VA background checks (including a NACI) and mandatory VA training. The Government reserves the right to approve or disapprove the potential employment of personnel at the VA site. The Government also retains the right to remove personnel from employment at the VA site. 19.4 At least one staff member who will be in attendance the entirety of the day must be CPR and First Aid Certified and be able to show proof of certifications. This information must be provided when submitting the proposal. 20. Patient Safety The Contractor shall adhere to VA Handbook 1050.1 regarding Patient Safety and the policies for reporting adverse events. 21. Penalty for Non-Performance 21.1 If the Contractor does not conform to contract requirements, the Government may require the contractor to perform the services again in conformity with contract requirements, at no additional cost to the Government, if appropriate. When the defects in services cannot be corrected by re-performance, the Government may: 21.2 Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and 21.3 Reduce the contract price to reflect the reduced value of the services performed. 22. Billing/Invoicing 22.1 Contractor shall provide the VA with an electronic version of their monthly invoices to the American Lake VAMC point of contact for payment processing. Invoices should contain information that directly corresponds to contractor s electronic log of provided services and materials used. A detailed electronic log in support of the invoice shall be maintained and made available to the COR for review at that time. 22.2 Contractor shall be reimbursed only for time allocated to program oversight directly related to the VA Child Care Pilot, and care of children dropped off by Veterans with appointments. 22.3 CONTRACTOR REMITTANCE ADDRESS: Effective January 1, 1999 all payments by the Government to the contractor will be made in accordance with Federal Acquisition Regulation (FAR) Clause 52. 232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration (31 U.S.C. 3332). 22.4 Invoices shall be submitted to the following address: Tungsten Network Financial Services Center PO Box 149971 Austin TX 78714-8971 22.5 The COR will advise the contractor of what the authorized amount of payment will be for each month within 10 working days of submittal of the invoice. If the COR does not come to a determination or certify the invoice within 10 working days than the contractor will be provided 100% of their invoiced amount. 22.6 The Contractor may direct questions on any withholding of a payment to the Contracting Officer (CO). If the contractor demonstrates that the contractor s inability to meet performance requirements was due to a failure in Government procedure (i.e. miscommunication of facts, failure to provide the contractor with information or devices necessary to provided services, etc.) the monthly payment, or some part of the monthly payment, may be released to the contractor in a future invoicing period. 23. Government Furnished Property and Services 23.1 The Government will furnish the child care facility for use by the contractor to perform the requirements of this contract. Facilities are designed and equipped to meet VA fire, safety, health, and sanitation standards and program needs. 23.2 The Government shall furnish the facility and the surrounding grounds. An enclosed playground area may be used only when time is coordinated with on-site Day Care Program. All requests for building maintenance will be made to the COR. The contractor shall make no structural alterations to the facility. The contractor shall return the facility to VA in the same condition as received, minus fair wear and tear. Inspections of the site will be completed by the COR on a Quarterly basis and a written report of findings will be provided to the Contractor. Any issues attributable to the contractor neglect or abuse will be noted, and may be subject to correction at the contractor s expense. 23.3 The contractor will be responsible for the hospital grade cleaning of all child care center facilities. Hospital grade cleaning is defined as the cleaning of all topical surfaces with hospital-grade disinfectants (i.e. bleach, etc.) on a daily basis. The contractor shall be solely responsible for meeting all required kitchen, health, and sanitation standards for food operations, food preparation, and food storage procedures. 23.4 The Government will provide grounds maintenance (snow removal, grass-cutting, pest control, and garbage collection from the dumpsters), security, and fire protection. 23.5 The Government pre-authorize and reimburse the contractor for a supply of books, puzzles, manipulative toys, glue, colors, etc. These short-term items are all considered consumables. The Government will supply contractor toys, equipment, and materials with Government-provided items to enhance the developmental program. 23.6 The COR will supply an inventory list that confirms all Government-furnished equipment provided to the contractor. 23.7 The Government will provide the maintenance of all Government-furnished facilities and of all built-in real property (sinks, toilets, kitchen equipment, built-in cabinets, lighting, light bulb replacements, washers and dryers, sprinkler systems, air conditioning and heating systems, and will pay for utilities (heat, air conditioning, electricity, and water). 23.8 The contractor shall be responsible for the cost of maintenance repairs in case of damages incurred as a result of the contractor s misuse or neglect. 23.9 The Government will make structural alterations as may be required in order to conform to applicable health, safety, and sanitation requirements or modified use of the facility. 23.10 The Government will provide external security via the VA Police Service. 23.11 The Government will provide access to fire protection and prevention via the Lakewood Fire Department. 23.12 The Government will provide telephone and limited computer networking capability compatible with the local system. 23.13 Prior to contract start date, the contractor shall conduct a joint inventory with the COR and sign a receipt for all non-consumable equipment and materials provided by Government. If for any reason the inventory has not been completed and signed by the contractor by the 10th working day following contract start date, the contractor shall accept Government s inventory list as true and accurate. The COR and the contractor shall jointly update inventory records every 6 months. Inventory copies shall be furnished to the Contractor. The Contractor, with like quality items, shall replace missing or damaged equipment beyond normal wear and tear. The COR shall approve replacement items. One month before contract completion, a joint inventory shall be conducted using the current inventory list. 23.14 The contractor is responsible for notifying the COR of any Government Funded Property (GFP) that the contractor believes to be necessary to perform the contract and for notifying the COR of any maintenance, repair, or replacement of GFP. 23.15 Child care users shall provide formula, baby food, clothing, and diapers. Contractor shall follow acceptable food service operating procedures. 23.16 Contractor shall contact the designated VA Pilot Program Director for additional items needed in support of the program on an as-needed basis. 24. Contract Oversight After the contract start date, the Child Care Program Support Assistant will be the contracting officer technical representative (COR) with responsibility for contract oversight to include, but not limited to: 1) Review of contractor s systematic progress toward necessary certifications and accreditations 2) Oversight of contractor s staff training, maintaining staff-child ratios, verification of staff background screening and staff health assessments 3) Conducting periodic program self-assessment evaluations of general facility operating procedures, quality developmental programming and quarterly review of program financial statements interface between Government and contractor. 25. Contractor Standard Operating Procedure (SOP) 25.1 Contractor s employment practices, such as personnel and qualifications; employee rights and responsibilities; terms of employment; insurance benefits programs; mandatory training; and disciplinary procedures. The contractor shall provide proposed SOPs for: 1) Staffing 2) Health and sanitation; child daily health requirement; diapering and toileting; hand washing and required procedures for hand washing; toys; plants; and animals. 3) Medications and medical procedures. 4) Child and staff daily health requirements and exclusion policy; and communicable disease reporting for children and adults. 5) Cleaning up Bodily Fluids describing the clean-up of urine, stool, blood and bodily fluids. 6) Bio-hazard clean-up policy describing procedures that comply with the Center for Disease Control and Prevention, and Blood-borne pathogen requirements of the United States Occupational Health and Safety Administration (OSHA) recommendations for prevention of disease communication as the result of any bio-hazardous spills, incorporating any specific VA policies and/or procedures. 7) Handling non-behavioral/non-medical issues; discipline; guidance and touch; and rest and back to sleep policies. 8) Left-Child Policy. This SOP shall contain all of the steps followed if parents/child care user has not picked up a child within a period of time to be determined through meetings with VA designees. 9) Children with special needs. 10) Safety; key control; fire; fire evacuation; bomb threat; evacuation tags, emergency preparedness; incorporating any specific VA policies and/or procedures. i. Hazardous weather and conditions ii. Curriculum and learning activities (age appropriate) iii. Nourishment plan in accordance with Washington State regulations, including food handler s permit requirements, food service and compliance with the Food and Drug Administration (FDA) food code. iv. Plan for periods of rest. 25.2 The Contracting Officer (CO) will approve or disapprove the SOP within 14 days of the date of submission. The Contractor will implement the SOPs within 30 days of the date of award or, in the case of a modification, within 14 days of the effective date of the modification. Notes and Other Information: VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE FOR INCLUSION INTO CONTRACTS, AS APPROPRIATE 1. GENERAL Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security. 2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS a. A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order. b. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures. c. Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness. d. Custom software development and outsourced operations must be located in the U.S. to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the contractor/subcontractor must state where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor. e. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor s employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination. 3. VA INFORMATION CUSTODIAL LANGUAGE a. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1). b. VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor s information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA s information is returned to the VA or destroyed in accordance with VA s sanitization requirements. VA reserves the right to conduct on-site inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements. c. Prior to termination or completion of this contract, contractor/subcontractor must not destroy information received from VA, or gathered/created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract. d. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract. e. The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed. f. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12. g. If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship. h. The contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated. i. The contractor/subcontractor s firewall and Web services security controls, if applicable, shall meet or exceed VA s minimum requirements. VA Configuration Guidelines are available upon request. j. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA s prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response. k. Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above-mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response. l. For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require C&A or an MOU-ISA for system interconnection, the contractor/subcontractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the COR. 4. SECURITY INCIDENT INVESTIGATION a. The term security incident means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/subcontractor shall immediately notify the COR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access. b. To the extent known by the contractor/subcontractor, the contractor/subcontractor s notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant. c. With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach. Notifications need to be made in accordance with the executed business associate agreement. d. In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement. The contractor, its employees, and its subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident. 5. LIQUIDATED DAMAGES FOR DATA BREACH a. Consistent with the requirements of 38 U.S.C. §5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract. b. The contractor/subcontractor shall provide notice to VA of a security incident as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination. c. Each risk analysis shall address all relevant information concerning the data breach, including the following: (1) Nature of the event (loss, theft, unauthorized access); (2) Description of the event, including: (a) date of occurrence; (b) data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code; (3) Number of individuals affected or potentially affected; (4) Names of individuals or groups affected or potentially affected; (5) Ease of logical data access to the lost, stolen or improperly accessed data in light of the degree of protection for the data, e.g., unencrypted, plain text; (6) Amount of time the data has been out of VA control; (7) The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons); (8) Known misuses of data containing sensitive personal information, if any; (9) Assessment of the potential harm to the affected individuals; (10) Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; and (11) Whether credit protection services may assist record subjects in avoiding or mitigating the results of identity theft based on the sensitive personal information that may have been compromised. d. Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the VA liquidated damages in the amount of $ 37.50 per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following: (1) Notification; (2) One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports; (3) Data breach analysis; (4) Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution; (5) One year of identity theft insurance with $20,000.00 coverage at $0 deductible; and (6) Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs. 6. TRAINING a. All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and its systems: (1) Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, Appendix E relating to access to VA information and information systems; (2) Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training; (3) Successfully complete the appropriate VA privacy training and annually complete required Privacy training; and (4) Successfully complete any additional Cyber security or Privacy training, as required for VA personnel with equivalent information system access [to be defined by the VA program official and provided to the contracting officer for inclusion in the solicitation document e.g., any role-based information security training required in accordance with NIST Special Publication 800-16, Information Technology Security Training Requirements.] b. The contractor shall provide to the contracting officer and/or the COR a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required. c. Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete.