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FBO DAILY - FEDBIZOPPS ISSUE OF JUNE 19, 2015 FBO #4956
DOCUMENT

V -- Store and Delivery of Nutritional Supplements - Attachment

Notice Date: 6/17/2015
Notice Type: Attachment
NAICS: 492110 — Couriers and Express Delivery Services
Contracting Office: Department of Veterans Affairs;VA Caribbean Healthcare System;Administrative Building;#10 Calle Casia Suite #4M440;San Juan PR 00921-3201
ZIP Code: 00921-3201
Solicitation Number: VA24815N1461
Response Due: 6/22/2015
Archive Date: 6/25/2015
Point of Contact: hector.lopez-burgos@va.gov
E-Mail Address: Hector.Lopez-Burgos@va.gov
(Hector.Lopez-Burgos@va.gov)
Small Business Set-Aside: Woman Owned Small Business
Description: NCA 8 SAO EAST, VA Caribbean Healthcare System, San Juan, Puerto Rico intends to negotiate a commercial (FAR Part 12) sole source contract with Wellness Age CORP, AVE. L. M. Martin, Esq. El Troche, Final Edif. Angora #3, Caguas, PR. 00725 under the authority of FAR 6.302-1 only one responsible source and no other supplies or services will satisfy agency requirements. This action is for the procurement of services to provide Storage and delivery of nutritional and refrigerated drugs, for Culebras, Vieques, St. Thomas, St. Croix and Virgin Islands. o THIS NOTICE IS NOT A REQUEST FOR COMPETITIVE PROPOSALS. Base and the urgency of this procurement no solicitation package is available. A determination by the Government not to compete this proposed contract action based on responses to this notice is solely within the discretion of the Government. Information received will be considered solely for the purpose of determining whether to conduct a competitive procurement. Inquiries will only be accepted in writing by e-mail at: Hector.Lopez-Burgos@va.gov Scope of Work Storage, Inventory Management and Home Delivery Contract GENERAL A.Background: The Department of Veterans Affairs Caribbean Healthcare System has a requirement for storage, inventory management, and home delivery service of nutritional supplements, medical supplies and refrigerated drugs. Performance Period from July 01, to July 31, 2015. The Contractor shall provide warehouse storage, inventory management and home delivery service, to eligible beneficiaries. The contractor shall be responsible for: 1.Appropriate management of patient confidentiality according to with Health Insurance Portability and Accountability Act (HIPAA) compliance. 2.Provide adequate care of Government-owned nutritional supplements and medical supplies in its possession or control from the time of receipt until properly relieved of responsibility. 3.Provide inventory reports monthly, quarterly and annually. 4.Utilize a proven inventory management system. 5.Guarantee that the deliveries occur during the contracted time frame within 24/72 hours. B.Contractor Requirements: 1.Service Areas: The contractor will be responsible for providing all requested services to all municipalities of Puerto Rico including Vieques, Culebra and St. Thomas and St.Croix, US. Virgin Islands. 2.Joint Commission Accreditation: N/A 3.Experience: Contractor must have a minimum of three year experience in storage, inventory and home delivery services. 4.Branches/Agents: If the bidder maintains branches and/or agents through whom business may be transacted, the contractor must submit a list thereof with the bid. IF awarded a contract, they must transmit all information concerning the agreement between such branches and/or agents authorizing and instructing them to furnish and/or services covered. 5.Human Services Office of Inspector General's (HSS): No contact will be awarded nor payment made to any individual or entity that appears on the HSS Office of inspector General's (HSS/OIG). a)Health Insurance Portability and Accountability Act (HIPAA) Compliance Act of 1996: The successful Contractor shall be required to be in compliance with HIPAA requirement 6.Service Call: The Contractor shall telephone the veterans/care-giver in order to arrange for a designated service call date at least three times. All attempts shall be documented on the prescription. If after the third (3) consecutive working days the contractor fails to make contact with the Veterans, they shall notify the VA immediately. 7.Delivery Requirements: a)A legible Delivery Receipt with patient's signature and date of delivery is required. b)All carriers shall have uniforms and an identification badge with photo noticeable to all persons. 8.Instructions on Usage of Equipment: Not Applicable 9.Offices/Storage Facility: The contractor shall provide a clean, separate, and secured area for all VA owned nutritional supplements and medical supplies. Storage area must be adequately equipped with industrial shelves. Boxes or containers shall not be stored on the floor, but on raised pallets and/or platforms. Temperature and humidity controls will be as required based on the manufacturers of the items storage. The storage facility must meet current building and operation codes for the Puerto Rico for the area in which it is located. The refrigerated drugs will be pick-up at VA Caribbean Health System Pharmacy facilities to be delivery at the patient dwelling on the same day. 10. Maintenance/Repair/Cleaning: Not Applicable 11.Equipment Management: Not Applicable 12.Inventory Management: a)The contractor works with the onsite (COR) but is ultimately responsible for maintaining inventory controls and preparation of a perpetual inventory records b)The contractor shall require to perform weekly inventory in order to maintain the required inventory levels (enough inventory to prevent backorders) and to ensure the proper inventory procedure are operating effectively. Any backorder will be notified to the VA immediately. Discrepancies in Inventory: The contractor will maintain an accumulative of all VA owned merchandize the contract period. Inventories upon Termination or Completion: Immediately upon termination or completion of the contract, the contractor is concert with the Contracting Officer Representative (COR) shall conduct a physical inventory of all Government owned nutritional Supplements and medical supplies applicable to the contract. The contractor and COR) will certify the final Inventory Control Record document within 72 hours after termination or completion and submit to the COR) 13.Performance Improvement /Quality Assurance: The contractor shall initiate and maintain an ongoing performance improvement/ quality assurance program to objectively and systematically monitor and evaluate the quality and appropriateness of service provided, resolve identified problems, pursue opportunities for improving patient care and provide a self -assessment of compliance with requirements of this contract. There must be a systematic process to collect and analyze data and take appropriate action. Commitment of resources by leadership to address areas requiring improvement must be demonstrated. The contractor shall perform management reviews of its quality assurance program on a quarterly basis, and provide a written report to the Chief Pharmacy and the Contracting Officer. 14.Safety Requirements: The contractor shall take such safety precautions reasonably necessary to protect the lives and health of the occupants of the building as the Contracting Officer or designee may determine to be necessary. 15.Infection Control: Not Applicable 16.Universal Precautions: The Contractor shall practice Universal Precautions in performance of ALL aspects of services provided under this contract in accordance with Joint Commission requirements. 17.Equipment Recall: Not Applicable 18.Incident Involving a VA Beneficiary: a)All accidents, injuries and deaths related to the deliveries shall be immediately reported verbally to the COR. The contractor shall follow with a written report of contact describing the event, analysis of cause /effect, and corrective action taken. The report should be provided within 24 hours of verbal report. b)The contractor shall make a written report of all inquiries, complaints, and requests received from patients or caregivers and furnish a copy to the COTR within 5 calendar days. The written report must contain at a minimum the nature of the inquiry, complaint, or request; the contractor's decision; and the basis for the decision and outcome. The report shall be signed by the contractor's employee who received the call or in person inquiry, complaint or request, the action taken and the contractor's supervisor. All complaints shall be addressed and resolved within fifteen (15) calendar days. 19.Interactions between Contractor Personnel and VA: The VA beneficiaries serviced by this contract have significant physical disabilities or chronic illnesses that, in many cases, influence their behavior and lifestyle. It is of the upmost importance that a high degree of sensitivity and professionalism be demonstrated when VA beneficiary/caregiver contact is made. The contractor and his representatives are expected to be discreet and tactful, and to demonstrate concern, compassion and patience. The VA reserves the right to remove any contractor employee from the performance of service under this contract if their behavior and the level of service provided are not in accordance with the specifications and requirements contained herein. 20.Unusual Conditions: The Contractor shall notify the COR immediately if any of the following unusual conditions are known to exist concerning the VA beneficiary in: a)Change of address and / or telephone number b)VA beneficiary is hospitalized or expires c)VA beneficiary cannot be reached 21.Contractor Vehicles: The Contractor shall have licensed vehicles able to transport the maximum weight recommended by the vehicle manufacturer. All vehicles used in the performance of services under the contract shall be clearly marked with company identification. The Contractor shall ensure that all vehicles meet Local, State and Federal codes and maintain motor vehicle Liability Insurance in accordance with the laws of Puerto Rico. 22.Insurance Requirements: Before commencing work under the contract, the Contractor shall furnish to the Contracting Officer a Certificate of Insurance indicating the coverage outlined herein and containing an endorsement to the effect that cancellation of, or any material change in the policies which adversely affect the interests of the Government in such insurance shall not be effective unless a 30 day advance written notice of cancellation or change is furnished the Government. 23.Evidence of Coverage: Before commencing work under the contract, the Contractor shall furnish to the CO a Certificate of Insurance indicating the coverage outlined herein and containing an endorsement to the effect that cancellation of, or any material change in the policies which adversely affect the interests of the Government in such insurance shall not be effective unless a 30 day advance written notice of cancellation or change is furnished the Government. 24.Background Checks: Contractor shall provide a background check of every personnel involved with this contract. 25.Equipment: The Contractor will be expected to receive and storage VA owned items such as, but limited to nutritional supplements and medical supplies which will be delivered directly to the contractor's warehouse from the VA suppliers or picked up from the VA locations as directed and delivery to the patient home within 24 - 72 hours of receiving an order. 26.Service Hours: The contractor is expected to perform services under this contract between the hours of 7:00am and 7:00pm, Monday thru Friday, excluding Federal Holidays. 27.Emergency Procedures: a)The Contractor shall have an emergency preparedness plan which must demonstrate the ability to provide continuing care and support in the event of an emergency which results in interruption of services. The Contractor shall perform management reviews of its quality assurance program b)Immediately after contract awarded, the contractor shall provide a point of contact to include telephone, facsimile and cellular/page number for 24 hour emergency services. c)The Contractor will be available to deliver on Saturdays and/or Sunday as needed, prior to patient coordination call if occur. d)The contractor shall notify the Contracting Officer Representative (COR) or designee within an hour in the event of a disaster, natural or otherwise, that may affect the services covered under this contract. A Contingency Plan must be in effect. e)Federal Holidays are: New Year's Day; Birthday of Martin Luther King, Jr.; Washington's Birthday; Memorial Day; Independence Day; Labor Day; Columbus Day; Veterans Day; Thanksgiving Day; Christmas Day. Federal Holidays are also listed on the following website: http:/www.opm.gob/fedhol/. When a holiday falls on a Sunday, the following Monday will be observed as a legal holiday. When a holiday falls on a Saturday, the preceding Friday is observed by U.S. Government agencies. 28.Key Personnel: A record of each employee's qualifications, characteristic, and competence capability of performing the duties required shall be maintained at the Contractor's office and made available for inspection upon request by the CO. Personnel must submit to drug testing and background cheek', Contractor must adhere to the provisions of Public Law 104-191, Health Insurance Portability and Accountability Act (HIPPAA) of 1996 and the National Standards to Protect the Privacy and Security of Protected Health Information (PHI). As required by HIPAA, the Department of Health and Human Services (DHHS) has promulgated rules governing the security and use and disclosure of protected health information by covered entities, including the Department of Veterans Affairs. Driver shall possess all necessary licenses and/or permits to perform work under this contract. Drives shall be dressed in company uniforms that are neat and clean, presenting a well-groomed professional appearance. Contractor personnel shall have visible picture identification bearing the company's name and the employee's name. 29.Contractor Contact Person: The Contractor shall provide a contact person whom the Department of Veterans Affairs may contact during the period of this contract for prompt action on matters pertaining to the administration of this contract. 30.Information Security Precautions: In an effort to ensure that VA sensitive information, which includes Patient Health Information (PHI); is adequately protected, the contractor shall adhere and comply with applicable VA security regulations and policies. Although, you as contractor do not need Patient Health Information (PHI) from VA to perform contract requirements neither the VA needs to provide access to PHI in order for your company to perform this contract. The contractor shall take necessary precautions to avoid disclosure of PHI that might reside in the equipment hard drive or any other place. As contractor of the VA, you are committed to safeguard the personal information that veterans and their families have entrusted to the Department of Veterans Affairs. Sensitive information /data is any data and/or information the contractor may obtain or learn as result of the performance of the resulting contract. Therefore, the same shall not be removed, transmitted, read, printed or shared to third parties. The contractor will required to handle limited patients information to coordinate date, time and site of deliveries of goods. The contractor will pick up patients medical prescriptions at the VA Pharmacy Service locations. The prescriptions will be placed in a security courier pouch and hand carried to the contractor processing center. These prescriptions bare the medical supplies, devices and dietetic supplements been prescribed as well as patients dwellings address. Once prescriptions are processed, they will be returned to the originator location in the same manner they were brought in. Contractor will require keeping a database with the patient's name, address and telephoning information. The database (main and back-up) will be kept in secure computer hard disk. These hard disks become property of the VA and the VACHS assume its custody at the expiration of the contract. The information will be stored and safeguarded in according with HIPPA and VA Policies and Regulations regarding safeguarding patient's sensitive information. The contractor must have PKI certified equipment and devices, to receive, handle and process e-prescriptions transmissions from the VA.. The C & A requirements do not apply, and that a Security Accreditation Package is not required. VA ACQUISITION REGULATION SOLICITATION PROVISION AND CONTRACT CLAUSE NOTE: This clause will undergo official rule making by the Office of Acquisitions and Logistics. The below language will be submitted for public review through the Federal Register. The final wording of the clause may be changed from what is outlined below based on public review and comment. Once approved, the final language in the clause can be obtained from the Office of Acquisitions and Logistics Programs and Policy. 1. SUBPART 839.2 - INFORMATION AND INFORMATION TECHNOLOGY SECURITY REQUIREMENTS 39.201 Contract clause for Information and Information Technology Security: a. Due to the threat of data breach, compromise or loss of information that resides on either VA-owned or contractor-owned systems, and to comply with Federal laws and regulations, VA has developed an Information and Information Technology Security clause to be used when VA sensitive information is accessed, used, stored, generated, transmitted, or exchanged by and between VA and a contractor, subcontractor or a third party in any format (e.g., paper, microfiche, electronic or magnetic portable media). b. In solicitations and contracts where VA Sensitive Information or Information Technology will be accessed or utilized, the CO shall insert the clause found at 852.273-75, Security Requirements for Unclassified Information Technology Resources. 2. 852.273-75 - SECURITY REQUIREMENTS FOR UNCLASSIFIED INFORMATION TECHNOLOGY RESOURCES (INTERIM- OCTOBER 2008) As prescribed in 839.201, insert the following clause: The contractor, their personnel, and their subcontractors shall be subject to the Federal laws, regulations, standards, and VA Directives and Handbooks regarding information and information system security as delineated in this contract. 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. 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. 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. 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). 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. 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. 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. The contractor will pick up patients medical prescriptions at the VA Pharmacy Service locations. The prescriptions will be placed in a security courier pouch and hand carried to the contractor processing center. 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. 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. 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. 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. 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. 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. 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. 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.INFORMATION SYSTEM DESIGN AND DEVELOPMENT a.Information systems that are designed or developed for or on behalf of VA at non-VA facilities shall comply with all VA directives developed in accordance with FISMA, HIPAA, NIST, and related VA security and privacy control requirements for Federal information systems. This includes standards for the protection of electronic PHI, outlined in 45 C.F.R. Part 164, Subpart C, information and system security categorization level designations in accordance with FIPS 199 and FIPS 200 with implementation of all baseline security controls commensurate with the FIPS 199 system security categorization (reference Appendix D of VA Handbook 6500, VA Information Security Program). During the development cycle a Privacy Impact Assessment (PIA) must be completed, provided to the COR, and approved by the VA Privacy Service in accordance with Directive 6507, VA Privacy Impact Assessment. The contractor/subcontractor shall certify to the COR that applications are fully functional and operate correctly as intended on systems using the VA Federal Desktop Core Configuration (FDCC), and the common security configuration guidelines provided by NIST or the VA. This includes Internet Explorer 7 configured to operate on Windows XP and Vista (in Protected Mode on Vista) and future versions, as required. The standard installation, operation, maintenance, updating, and patching of software shall not alter the configuration settings from the VA approved and FDCC configuration. Information technology staff must also use the Windows Installer Service for installation to the default "program files" directory and silently install and uninstall. Applications designed for normal end users shall run in the standard user context without elevated system administration privileges. The security controls must be designed, developed, approved by VA, and implemented in accordance with the provisions of VA security system development life cycle as outlined in NIST Special Publication 800-37, Guide for Applying the Risk Management Framework to Federal Information Systems, VA Handbook 6500, Information Security Program and VA Handbook 6500.5, Incorporating Security and Privacy in System Development Lifecycle. The contractor/subcontractor is required to design, develop, or operate a System of Records Notice (SOR) on individuals to accomplish an agency function subject to the Privacy Act of 1974, (as amended), Public Law 93-579, December 31, 1974 (5 U.S.C. 552a) and applicable agency regulations. Violation of the Privacy Act may involve the imposition of criminal and civil penalties. The contractor/subcontractor agrees to: (1) Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies: (a) The Systems of Records (SOR); and (b) The design, development, or operation work that the contractor/subcontractor is to perform; (1) Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the redesign, development, or operation of a SOR onindividuals that is subject to the Privacy Act; and (2) Include this Privacy Act clause, including this subparagraph (3), in all subcontracts awarded under this contract which requires the design, development, or operation of such a SOR. In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a SOR on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a SOR on individuals to accomplish an agency function. For purposes of the Act, when the contract is for the operation of a SOR on individuals to accomplish an agency function, the contractor/subcontractor is considered to be an employee of the agency. (1) "Operation of a System of Records" means performance of any of the activities associated with maintaining the SOR, including the collection, use, maintenance, and dissemination of records. (2) "Record" means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history and contains the person's name, or identifying number, symbol, or any other identifying particular assigned to the individual, such as a fingerprint or voiceprint, or a photograph. (3) "System of Records" means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. The vendor shall ensure the security of all procured or developed systems and technologies, including their subcomponents (hereinafter referred to as "Systems"), throughout the life of this contract and any extension, warranty, or maintenance periods. This includes, but is not limited to workarounds, patches, hotfixes, upgrades, and any physical components (hereafter referred to as Security Fixes) which may be necessary to fix all security vulnerabilities published or known to the vendor anywhere in the Systems, including Operating Systems and firmware. The vendor shall ensure that Security Fixes shall not negatively impact the Systems. The vendor shall notify VA within 24 hours of the discovery or disclosure of successful exploits of the vulnerability which can compromise the security of the Systems (including the confidentiality or integrity of its data and operations, or the availability of the system). Such issues shall be remediated as quickly as is practical, but in no event longer than ____ days. When the Security Fixes involve installing third party patches (such as Microsoft OS patches or Adobe Acrobat), the vendor will provide written notice to the VA that the patch has been validated as not affecting the Systems within 10 working days. When the vendor is responsible for operations or maintenance of the Systems, they shall apply the Security Fixes within ____ days. All other vulnerabilities shall be remediated as specified in this paragraph in a timely manner based on risk, but within 60 days of discovery or disclosure. Exceptions to this paragraph (e.g. for the convenience of VA) shall only be granted with approval of the contracting officer and the VA Assistant Secretary for Office of Information and Technology. 5.INFORMATION SYSTEM HOSTING, OPERATION, MAINTENANCE, OR USE a.For information systems that are hosted, operated, maintained, or used on behalf of VA at non-VA facilities, contractors/subcontractors are fully responsible and accountable for ensuring compliance with all HIPAA, Privacy Act, FISMA, NIST, FIPS, and VA security and privacy directives and handbooks. This includes conducting compliant risk assessments, routine vulnerability scanning, system patching and change management procedures, and the completion of an acceptable contingency plan for each system. The contractor's security control procedures must be equivalent, to those procedures used to secure VA systems. A Privacy Impact Assessment (PIA) must also be provided to the COR and approved by VA Privacy Service prior to operational approval. All external Internet connections to VA's network involving VA information must be reviewed and approved by VA prior to implementation. b.Adequate security controls for collecting, processing, transmitting, and storing of Personally Identifiable Information (PII), as determined by the VA Privacy Service, must be in place, tested, and approved by VA prior to hosting, operation, maintenance, or use of the information system, or systems by or on behalf of VA. These security controls are to be assessed and stated within the PIA and if these controls are determined not to be in place, or inadequate, a Plan of Action and Milestones (POA&M) must be submitted and approved prior to the collection of PII. c.Outsourcing (contractor facility, contractor equipment or contractor staff) of systems or network operations, telecommunications services, or other managed services requires certification and accreditation (authorization) (C&A) of the contractor's systems in accordance with VA Handbook 6500.3, Certification and Accreditation and/or the VA OCS Certification Program Office. Government-owned (government facility or government equipment) contractor-operated systems, third party or business partner networks require memorandums of understanding and interconnection agreements (MOU-ISA) which detail what data types are shared, who has access, and the appropriate level of security controls for all systems connected to VA networks. d.The contractor/subcontractor's system must adhere to all FISMA, FIPS, and NIST standards related to the annual FISMA security controls assessment and review and update the PIA. Any deficiencies noted during this assessment must be provided to the VA contracting officer and the ISO for entry into VA's POA&M management process. The contractor/subcontractor must use VA's POA&M process to document planned remedial actions to address any deficiencies in information security policies, procedures, and practices, and the completion of those activities. Security deficiencies must be corrected within the timeframes approved by the government. Contractor/subcontractor procedures are subject to periodic, unannounced assessments by VA officials, including the VA Office of Inspector General. The physical security aspects associated with contractor/subcontractor activities must also be subject to such assessments. If major changes to the system occur that may affect the privacy or security of the data or the system, the C&A of the system may need to be reviewed, retested and re-authorized per VA Handbook 6500.3. This may require reviewing and updating all of the documentation (PIA, System Security Plan, Contingency Plan). The Certification Program Office can provide guidance on whether a new C&A would be necessary. e.The contractor/subcontractor must conduct an annual self-assessment on all systems and outsourced services as required. Both hard copy and electronic copies of the assessment must be provided to the COR. The government reserves the right to conduct such an assessment using government personnel or another contractor/subcontractor. The contractor/subcontractor must take appropriate and timely action (this can be specified in the contract) to correct or mitigate any weaknesses discovered during such testing, generally at no additional cost. f.VA prohibits the installation and use of personally-owned or contractor/subcontractor-owned equipment or software on VA's network. If non-VA owned equipment must be used to fulfill the requirements of a contract, it must be stated in the service agreement, SOW or contract. All of the security controls required for government furnished equipment (GFE) must be utilized in approved other equipment (OE) and must be funded by the owner of the equipment. All remote systems must be equipped with, and use, a VA-approved antivirus (AV) software and a personal (host-based or enclave based) firewall that is configured with a VA-approved configuration. Software must be kept current, including all critical updates and patches. Owners of approved OE are responsible for providing and maintaining the anti-viral software and the firewall on the non-VA owned OE. g.All electronic storage media used on non-VA leased or non-VA owned IT equipment that is used to store, process, or access VA information must be handled in adherence with VA Handbook 6500.1, Electronic Media Sanitization upon: (i) completion or termination of the contract or (ii) disposal or return of the IT equipment by the contractor/subcontractor or any person acting on behalf of the contractor/subcontractor, whichever is earlier. Media (hard drives, optical disks, CDs, back-up tapes, etc.) used by the contractors/subcontractors that contain VA information must be returned to the VA for sanitization or destruction or the contractor/subcontractor must self-certify that the media has been disposed of per 6500.1 requirements. This must be completed within 30 days of termination of the contract. h.Bio-Medical devices and other equipment or systems containing media (hard drives, optical disks, etc.) with VA sensitive information must not be returned to the vendor at the end of lease, for trade-in, or other purposes. The options are: (1) Vendor must accept the system without the drive; (2) VA's initial medical device purchase includes a spare drive which must be installed in place of the original drive at time of turn-in; or (3) VA must reimburse the company for media at a reasonable open market replacement cost at time of purchase. (4) Due to the highly specialized and sometimes proprietary hardware and software associated with medical equipment/systems, if it is not possible for the VA to retain the hard drive, then; The equipment vendor must have an existing BAA if the device being traded in has sensitive information stored on it and hard drive(s) from the system are being returned physically intact; and Any fixed hard drive on the device must be non-destructively sanitized to the greatest extent possible without negatively impacting system operation. Selective clearing down to patient data folder level is recommended using VA approved and validated overwriting technologies/methods/tools. Applicable media sanitization specifications need to be pre-approved and described in the purchase order or contract. A statement needs to be signed by the Director (System Owner) that states that the drive could not be removed and that (a) and (b) controls above are in place and completed. The ISO needs to maintain the documentation. 6.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 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. 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. 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. 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. 7.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. 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 $______ 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. 8.SECURITY CONTROLS COMPLIANCE TESTING On a periodic basis, VA, including the Office of Inspector General, reserves the right to evaluate any or all of the security controls and privacy practices implemented by the contractor under the clauses contained within the contract. With 10 working-days notice, at the request of the government, the contractor must fully cooperate and assist in a government-sponsored security controls assessment at each location wherein VA information is processed or stored, or information systems are developed, operated, maintained, or used on behalf of VA, including those initiated by the Office of Inspector General. The government may conduct a security control assessment on shorter notice (to include unannounced assessments) as determined by VA in the event of a security incident or at any other time. 9.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 Privacy and Information Security Awareness and Rules of Behavior ( # 10176) training annually. (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.] 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. 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. 10.Climate Control: The Contractor shall maintained VA medical and pharmaceutical supplies under climate control for temperature and humidity at the required ranges below: Medical Supplies: Temperature Range = 72 - 78 Degrees F Humidity Range = 20 % - 60 % Pharmaceutical Supplies:Temperature Range = Up to 86 Degrees F C.Proposal Evaluation Criteria 1.Part 1- General Information The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government taking into consideration price and non-price factors. The Government decided that on weighting non price factors, technical and past performance combined are significantly more important than price. 2.Part 2- Evaluation Factors The evaluation factors and significant sub factors that establish the requirements of acceptability are Price, Technical, Past Performance and Quality Control. a)Price Factor- Government reserves the right to award without discussion, and contract award will be based on the offer most advantageous for the government. Contractors shall submit the most favorable terms. b)Past Performance - Past Performance information is one indicator of an offeror's ability to perform the contract successfully. Contractors must include references of Federal State, local governmental agencies or private sector that have purchased similar services. Past Performance with VA or other Government agencies is preferred. Include facility, point of contact information, purchase order or reference number, and dollar value. Those not submitting past performance references will be given a neutral rating. The Government will review available past performance data in the Past Performance Information retrieval program (PPIRS) and Contractor Performance System (CPS). The Government reserves the right to obtain past performance information from any available source and may contact customer other than those identified by the offeror when evaluating past performance. c)Technical factors- Contractor must present evidence of their technical capability to provide immediate necessary labor, facilities, pick -up, delivery and inventory management for a rather large amount of nutritional supplements containers and bulk medical/urological supplies. Pick up patients prescriptions for nutritional supplements and medical/urological supplies daily, fill the prescriptions and deliver the goods within 24 hours but not exceeding 72 hours of receiving the prescriptions. Coordinate with patients the delivery of those goods to the day and time most suitable to the patient, six ( 6) days a week ( Monday thru Saturday) from 7am to 8 pm within the timeframe already stipulated in this contract for VA beneficiaries of the VISN 8 Department of Veterans Affairs Caribbean Healthcare System facilities listen herein, San Juan VAMC, Mayaguez OPC, Ponce OPC, Arecibo, Guayama, St Croix, St Thomas and Utuado CBOC. Shall have the ability to comply with all HIPPA regulations and requirements. Shall have the ability to comply with all HIPPA regulations and requirements. Shall have all the certifications, licenses and insurances required to storage and delivery of such supplies by federal and state agencies. d)Quality Control: The contractor shall maintain VA medical and pharmaceutical supplies under temperature control for temperature and humidity as required by VA and manufacturers standards below: Medical Supplies: Temperature Range = 72 - 78 Degrees Humidity Rage = 20 % - 60 % Pharmaceutical Supplies: Temperature Range= Up to 86 Degrees F D.Contractor Personnel Security Requirement Contract: All personnel performing work under this contract shall satisfy all requirements imposed on sensitive data and information by law, Federal regulations, VA statutes and policy, Veterans Health Administration (VHA) policy, guidelines and the associated requirements for appropriate security eligibility in dealing with access to sensitive information and information systems belonging to or being used on behalf of the Department of Veterans Affairs. This requirement is applicable to all subcontractor personnel requiring the same access. To satisfy the requirements a minimum Background Investigation shall be conducted prior to performing work under this contract. The level of access and the individual's capability to perform work under this contract will be the determining factor in deciding if a higher investigative requirement is needed to protect the security and safety of veterans and employees. The contractor shall ensure that those requirements are fully satisfied within 30 days of initiation of such investigations. No work can be performed by employees who have not undergone the Background Investigation and/or clearances process. E.Contractor and Government Responsibilities : The security risk level assigned for the services required herein is considered Low Risk (LR) equating to non-sensitive defined, as "These positions are positions with limited potential for adverse impact involving duties of limited relation to a program or VA's mission". The Contractor shall certify that all personnel performing under this contract have the necessary clearance to meet this level of security risk and provide required supporting documentation. 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. The delegated Contracting Officer Technical Representative (COR), VA Program Manager, or other designee shall serve as a VA Sponsor for Contractor or Contract Employee personnel. Procedures: a)The VA sponsor is the requesting office and is responsible for preparing the VA Form (VAF) 2280a, Contractor Position Sensitivity Level Designation, for each contractor position. The sponsor may submit one VAF 2280a for contractor employees who possess the same risk level designation. VA Sponsors shall coordinate with their Contracting Officers and VA Sponsors to ensure that VA initiates and ultimately pays for only necessary investigations for key contractor personnel. b)Sponsors will forward the VAF 2280a to the Information Security Officer (ISO) for review and completion of Step 4 of the form. In those instances where the ISO has questions about the designated risk and sensitivity levels, the ISO will confer with the originating office and agree upon risk and sensitivity levels for the position. c) Upon completion of the VAF 2280a, the VA Sponsor will submit a background investigation request to the Security and Investigation Center (SIC) and receive access to the Contractor Request Database (CRD) located at http://vaww.letc.little-rock.med.va.gov. The SIC will provide guidance to VA Sponsors to complete this process. d)Upon receipt, the Contractor Request Database (CRD) will automatically generate an e-mail notification identifying the web site link that includes detailed instructions regarding completion of the application process and what level of background was requested. e)Applicants will be informed due dates to complete all portions of the investigative package. Reminder notifications will be sent if the complete package is not submitted by the due date. f)Contractors who Contractors who have a current favorable background investigation conducted by another Federal agency may be accepted through reciprocation. Members of the SIC staff will coordinate verification of existing favorable background investigations. g)Contract performance shall not commence prior to confirmation from the SIC that the investigative documents have been submitted. The SIC will notify the VA Contracting Officer, VA Sponsor, and the contractor upon receipt of the appropriate investigative documents. SIC Responsibilities: The SIC will provide a help desk and necessary forms via the VA forms web site, http://www.va.gov/vaforms/search_action.asp. The SIC help desk hours or operation are from 7:30 a.m. to 5:30 p.m. Eastern Time and may be reached on (501) 257-4160. The SIC will notify the VA Contracting Officer, VA Sponsor, and the contractor after adjudicating the results of the background investigation. The Contractor shall be responsible for all costs associated with obtaining clearances for contract employees. 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 will be responsible for all resources necessary to remedy the incident. The contractor shall be required to show that the employee(s) hold results of investigations and/or clearances before computer access can be given. The ability to obtain and maintain such clearance is a mandatory requirement for continued employment for this contract. The Contractor and contract employees with access to sensitive areas or automated information systems are responsible to follow and comply with the all AIS security awareness policy during the contract period and shall be responsible for reporting AIS security violations or incidents to their supervisor and/or ISO. The Contractor shall provide to the Contracting Officer Representative evidence of all new hired personnel, including all necessary documentation required to initiate the investigation process through the SIC prior to commence work. The Contractor shall be responsible to provide ongoing security awareness training for all contract employees performing under this contract.
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V -- Store and Delivery of Nutritional Supplements - Attachment