Loren Data's SAM Daily™

FBO DAILY ISSUE OF SEPTEMBER 23, 2012 FBO #3956
DOCUMENT

R -- Courier Services - NJ - Attachment

Notice Date

9/21/2012
 

Notice Type

Attachment
 

NAICS

492210 — Local Messengers and Local Delivery
 

Contracting Office

Department of Veterans Affairs;Network Contracting Office (10N3\NCO);James J. Peters VA Medical Center;130 West Kingsbridge Road;Bronx NY 10468-3904
 

ZIP Code

10468-3904
 

Solicitation Number

VA24312Q2524
 

Response Due

9/25/2012
 

Archive Date

10/25/2012
 

Point of Contact

Vivian I Torres
 

E-Mail Address

1.4766<br
 

Small Business Set-Aside

N/A
 

Description

B.2 STATEMENT OF WORK A.GENERAL INFORMATION 1. Title of Project: Courier Services 2. Scope of Work: The contractor shall provide all resources necessary to accomplish the deliverables described in this statement of work (SOW), except as may otherwise be specified. Pathology and Laboratory Medicine Service of the VA New Jersey Health Care System requires the services of a courier to pick up and deliver patient specimens, blood and blood products, and laboratory products on an on-call basis to and from the East Orange, NJ laboratory. This service is needed twenty four hours a day, seven days a week, including holidays. 3. Performance Period: The contractor shall complete the work required under this SOW from date of award, unless otherwise directed by the Contracting Officer (CO). The work shall begin within 14 calendar days of award, unless otherwise specified. Work at the Government site shall not take place on Federal holidays or weekends unless directed by the COR. A fully licensed courier company will provide delivery between the Lyons campus of the VA New Jersey Health Care System, 151 Knollcroft Rd. Lyons, NJ 07939 and the East Orange campus located at 385 Tremont Ave., East Orange, NJ 07018 and various other locations throughout the state and New York as needed. Pickup at the Lyons campus will be on the ground floor, building 4, near the admissions area. Pickup and delivery at the East Orange Campus will be the Laboratory located on the first floor in building 1, room 1-176. There are approximately 12 - 21 runs per month between these two campuses. There is also the occasional need to send a specimen to the Blood Center of New Jersey, located in East Orange, or the New York Blood Center, which is in Long Island City. The estimate is 0 -2 per month. There is also the occasional need to send a specimen to area hospitals, such as the University of Medicine and Dentistry of New Jersey (UMDNJ) in Newark. There may also be a rare need for delivery to Pennsylvania. This list is not all inclusive since it is not possible to anticipate every situation that may arise. The courier will provide all necessary labor, transportation, equipment, material and supplies for twenty-four (24) hour pickup and delivery of routine and emergency reagents, blood and/or blood products, lab products and specimens on an on-call basis. The courier should arrive within 45 minutes of receiving a call. The area served includes, but is not limited to, New Jersey and occasionally New York and Pennsylvania. Laboratory specimens, i.e. body fluids, and human blood products, will be properly packaged by VA staff. The outer shipping containers are to be provided by the vendor. Deliveries will be made directly to Laboratory Service. The contractor is responsible for the safe transportation of all items to their destination. The contractor shall insure that all drivers are trained and have received instruction in the safe transport of infectious/diagnostic specimens as required by federal, state and local law. This shall include instructions on procedures to follow in the event of leaks, spills, or breakage of packaging for the lab specimens. Documentation must be provided upon request. Vehicles must provide protection for the items being transported to prevent exposure to weather (direct sunlight, heat, cold, rain, snow, water, etc.), and insure items are secured to prevent theft or loss. Courier is responsible for maintaining a log of all pick-ups and deliveries. Logs will indicate the time and dates of pick-ups and deliveries, number of specimens/parcels received or delivered, and the appropriate signatures. Logs shall be available for review at any time during the contract. ? 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 1.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. 2.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. 3.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. 4.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. 5.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 1.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). 2.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. 3.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. 4.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. 5.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. 6.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. 7.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. 8.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. 9.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. 10.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. 11.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. 12.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 COTR. 4.SECURITY INCIDENT INVESTIGATION 1.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 COTR 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. 2.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. 3.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. 4.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 1.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. 2.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. 3.Each risk analysis shall address all relevant information concerning the data breach, including the following: a.Nature of the event (loss, theft, unauthorized access); b.Description of the event, including: i.date of occurrence; ii.data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code; c.Number of individuals affected or potentially affected; d.Names of individuals or groups affected or potentially affected; e.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; f.Amount of time the data has been out of VA control; g.The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons); h.Known misuses of data containing sensitive personal information, if any; i.Assessment of the potential harm to the affected individuals; j.Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; and k.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. 4.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: a.Notification; b.One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports; c.Data breach analysis; d.Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution; e.One year of identity theft insurance with $20,000.00 coverage at $0 deductible; and f.Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs. 6.TRAINING 1.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: a.Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, Appendix D relating to access to VA information and information systems; b.Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training; c.Successfully complete the appropriate VA privacy training and annually complete required privacy training; and d.Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system access 2.The Contractor shall provide to the contracting officer and/or the COTR 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. 3.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.
 

Web Link

FBO.gov Permalink
(https://www.fbo.gov/spg/VA/BroVANAP/VAMD/VA24312Q2524/listing.html)
 

Document(s)

Attachment
 

File Name: VA243-12-Q-2524 VA243-12-Q-2524_1.docx (https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=484064&FileName=VA243-12-Q-2524-000.docx)

Link: https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=484064&FileName=VA243-12-Q-2524-000.docx

 

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

Record

SN02893485-W 20120923/120922000406-978d6fe837bfdd30bc4ee3dc5bc3049e (fbodaily.com)
 

Source

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

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